80R8640 SMH-F
 
  By: Puente H.B. No. 2794
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for granting a certificate of
convenience and necessity that includes the construction of an
electric generating facility that uses wind power.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  The legislature finds that:
             (1)  the development of wind power in this state is
important to this state;
             (2)  wind-powered electric generating facilities, or
wind farms, are expensive to build, represent multimillion-dollar
investments, and necessarily have large footprints;
             (3)  there is not currently in this state a regulatory
or permitting structure that ensures that wind farms do not damage
any of the ecologically sensitive areas of this state; and
             (4)  there is a need for this state to implement some
regulation and permitting of wind farms to protect the resources of
this state and preserve property rights in this state without
unnecessarily impinging on or delaying the development of wind
power.
       SECTION 2.  Subchapter B, Chapter 37, Utilities Code, is
amended by adding Section 37.0565 to read as follows:
       Sec. 37.0565.  REQUIREMENTS FOR GRANTING CERTIFICATE FOR
CERTAIN GENERATING FACILITIES. (a) This section applies only to an
application for a certificate or an amendment of a certificate that
includes the construction of an electric generating facility that
uses wind power.
       (b)  Notwithstanding Section 37.056, the commission may not
approve an application and grant a certificate or amendment that
includes the construction of a generating facility described by
Subsection (a) unless:
             (1)  the Texas Commission on Environmental Quality
issues a certification for the facility to the applicant; and
             (2)  the applicant attaches a copy of the certification
to the application.
       (c)  To obtain a certification described by Subsection
(b)(1), a person must submit an application to the Texas Commission
on Environmental Quality. The application must be on a form adopted
by rule by the Texas Commission on Environmental Quality. The form
must require the applicant to provide the information necessary to
enable the commission to determine whether to issue the
certification.
       (d)  The Texas Commission on Environmental Quality shall
adopt rules providing for notice, the submission of public
comments, and an opportunity for a public hearing on the
application.
       (e)  The Texas Commission on Environmental Quality may issue
the certification only if the commission determines that the
facility will not present an unacceptable risk to the resources of
this state or unreasonably interfere with the rights of property
owners in the vicinity of the facility. In making the
determination, the commission shall consider whether:
             (1)  the facility will be located in an officially
designated wildlife area;
             (2)  the facility will be located in an officially
designated wildlife preserve;
             (3)  the facility will affect threatened or endangered
species or designated critical habitats;
             (4)  the facility will affect districts, sites,
buildings, structures, or objects significant in American or Texas
history, architecture, archaeology, engineering, or culture that
are listed, or are eligible for listing, in the National Register of
Historic Places;
             (5)  the facility will affect Indian religious sites;
             (6)  the facility will be located in a floodplain,
hurricane, or tornado zone;
             (7)  the facility will involve a significant change in
surface features, such as filling in of wetlands, deforestation, or
water diversion;
             (8)  the facility will be located in close proximity to
property of an adjacent property owner; and
             (9)  the facility will have an effect on migratory
wildlife.
       (f)  The Texas Commission on Environmental Quality shall
consult with the Parks and Wildlife Department in adopting rules
under this section.
       SECTION 3.  This Act applies only to an application for a
certificate of convenience and necessity that is filed with the
Public Utility Commission of Texas on or after the effective date of
this Act. An application for a certificate of convenience and
necessity that was filed with the commission before the effective
date of this Act is governed by the law in effect on the date the
application was filed, and that law is continued in effect for that
purpose.
       SECTION 4.  This Act takes effect September 1, 2007.