Patterson Wind Turbine Bill Lets Existing Turbines Keep Blinking

The text as introduced · 686 words

89R12258 ANG-D

By: Patterson
H.B. No. 3244

A BILL TO BE ENTITLED

AN ACT

relating to the location of and light pollution mitigation for wind

turbine generators; authorizing an administrative penalty.

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

SECTION 1. Subchapter A, Chapter 35, Utilities Code, is

amended by adding Sections 35.0023 and 35.0024 to read as follows:

Sec. 35.0023. WIND TURBINE LIGHT POLLUTION MITIGATION. (a)

This section applies only to an electric cooperative, electric

utility, municipally owned utility, power generation company, or

exempt wholesale generator that:

(1) is required by the Federal Aviation Administration

to use aviation obstruction lighting; and

(2) sells at wholesale electric energy produced by a

wind turbine generator.

(b) The commission by rule shall require an electric

cooperative, electric utility, municipally owned utility, power

generation company, or exempt wholesale generator to apply to the

Federal Aviation Administration, or another applicable federal

entity, for authorization to install and operate technology to

mitigate light pollution from the wind turbine generator using a

light mitigation technology system.

(c) The rules adopted under Subsection (b) must require an

electric cooperative, electric utility, municipally owned utility,

power generation company, or exempt wholesale generator that:

(1) installs a wind turbine generator on or after

December 31, 2026, to:

(A) submit an application for approval of light

mitigation technology to the Federal Aviation Administration not

later than 180 days before the commercial operations date for the

wind turbine generator;

(B) install light mitigation technology on all

wind turbine generators not later than 18 months after receiving

approval of the technology from the Federal Aviation

Administration; and

(C) if installation of the light mitigation

technology is delayed due to forces outside of the control of the

cooperative, utility, company, or generator, make a quarterly

report to the commission detailing the reasons for the delay; or

(2) installs a wind turbine generator before December

31, 2026, to:

(A) on repowering or not later than the 180th day

after the execution of a newly signed long-term power purchase

agreement, submit an application for approval of light mitigation

technology to the Federal Aviation Administration;

(B) install light mitigation technology on all

wind turbine generators not later than 18 months after receiving

approval of the technology from the Federal Aviation

Administration; and

(C) if installation of the light mitigation

technology is delayed due to forces outside of the control of the

cooperative, utility, company, or generator, make a quarterly

report to the commission detailing the reasons for the delay.

(d) Subsection (c) applies only to a wind turbine generator

with a commercial operations date that occurs after December 31,

2008.

(e) Notwithstanding Section 15.023(b), the total amount of

an administrative penalty assessed for a violation continuing or

occurring on separate days under this section may not exceed $1

million.

Sec. 35.0024. WIND TURBINE GENERATION FACILITY

DETERMINATION. (a) Before an electric cooperative, electric

utility, municipally owned utility, power generation company, or

other person required by commission rule to register with the

commission before generating electricity may begin operation of or

expand a wind turbine generation facility, the cooperative,

utility, company, or person must submit documentation to the

commission establishing that:

(1) the Federal Aviation Administration has

determined the facility will not be a hazard to air navigation; and

(2) the Military Aviation and Installation Assurance

Siting Clearinghouse, or its successor agency, has determined that:

(A) the facility will not have an adverse impact

on military operations or readiness; or

(B) a mitigation agreement has been executed to

overcome an adverse impact on military operations or readiness.

(b) The commission may impose an administrative penalty

under Section 15.023 on an electric cooperative or municipally

owned utility that violates Subsection (a).

SECTION 2. Section 35.0024, Utilities Code, as added by

this Act, applies only to a wind turbine generation facility

installed on or after the effective date of this Act. A generation

facility installed before the effective date of this Act is

governed by the law as it existed immediately before that date, and

the law is continued in effect for that purpose.

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