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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation or expansion of a wind-powered generation |
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facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 35, Utilities Code, is |
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amended by adding Section 35.0024 to read as follows: |
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Sec. 35.0024. WIND-POWERED GENERATION FACILITY |
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DETERMINATION. (a) Before an electric cooperative, electric |
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utility, municipally owned utility, power generation company, or |
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other person required by commission rule to register with the |
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commission before generating electricity may begin operation of or |
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expand a wind-powered generation facility, the cooperative, |
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utility, company, or person must submit documentation to the |
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commission establishing that: |
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(1) the Federal Aviation Administration has |
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determined the facility will not be a hazard to air navigation; and |
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(2) the Military Aviation and Installation Assurance |
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Siting Clearinghouse, or its successor agency, has determined that: |
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(A) the facility will not have an adverse impact |
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on military operations or readiness; or |
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(B) a mitigation agreement has been executed to |
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overcome an adverse impact on military operations or readiness. |
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(b) The commission may impose an administrative penalty |
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under Section 15.023 on an electric cooperative or municipally |
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owned utility that violates Subsection (a). |
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SECTION 2. Section 35.0024, Utilities Code, as added by |
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this Act, applies only to a wind-powered generation facility |
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installed on or after the effective date of this Act. A |
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wind-powered generation facility installed before the effective |
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date of this Act is governed by the law as it existed immediately |
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before that date, and the law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |