Patterson Bill Bars Offshore Wind That May Hurt Fishing Or Tourism

The text as introduced · 422 words

89R5773 JXC-F

By: Patterson
H.B. No. 1897

A BILL TO BE ENTITLED

AN ACT

relating to requirements for the approval by the Public Utility

Commission of Texas of certain coastal facilities for the provision

of electric service.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 37, Utilities Code, is

amended by adding Section 37.0561 to read as follows:

Sec. 37.0561. COASTAL WIND POWER FACILITY. (a) In this

section, "wind power facility" includes:

(1) a wind turbine generator; and

(2) a facility or equipment used to support the

operation of a wind turbine generator, including an electrical

transmission or communications line, an electric transformer, a

battery storage facility, an energy storage facility, or

telecommunications equipment.

(b) In addition to any applicable requirements of Section

33.2053(b), Natural Resources Code, the commission shall comply

with the requirements of this section when considering an

application for a certificate of convenience and necessity related

to installing or operating:

(1) a wind power facility located in the area in the

Gulf of Mexico seaward of the coast that is within three marine

leagues of the coast, as set under Section 11.0111, Natural

Resources Code; or

(2) a transmission or distribution facility that

directly interconnects to a wind power facility located in the area

in the Gulf of Mexico seaward of the coast that is within three

marine leagues of the coast, as set under Section 11.0111, Natural

Resources Code.

(c) The commission may not grant a certificate described by

Subsection (b) if the commission finds that:

(1) the wind power facility or interconnected

transmission facility:

(A) may negatively affect established industries

or community values based on established industries, including:

(i) shipping routes;

(ii) general tourism; or

(iii) recreational and commercial fishing;

(B) may negatively affect the environment, such

as by negatively affecting the general welfare of wildlife or

disrupting migratory patterns; or

(C) may create risks for the safety of coastal

residents, industries, or wildlife due to the facility's location

in an area historically susceptible to natural disasters; or

(2) the public convenience and necessity does not

require and will not require the installation or operation of the

facility because electricity service is adequate in the areas that

would be served by the facility.

SECTION 2. This Act applies only to an application for a

certificate of convenience and necessity for which the Public

Utility Commission of Texas has not issued a final order before the

effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.