The bill, H.B. No. 3244, aims to address light pollution mitigation for wind turbine generators in Texas by adding new sections to the Utilities Code. Specifically, it introduces Section 35.0023, which mandates that electric cooperatives, utilities, and other relevant entities that are required by the Federal Aviation Administration (FAA) to use aviation obstruction lighting must apply for authorization to install light mitigation technology. The bill outlines specific requirements for those installing wind turbine generators after December 31, 2026, including submitting applications for light mitigation technology and installing such technology within specified timeframes. Additionally, it establishes that if there are delays in installation due to uncontrollable circumstances, quarterly reports must be submitted to the commission.
Furthermore, the bill adds Section 35.0024, which requires that before any wind turbine generation facility can begin operation or expansion, documentation must be submitted to the commission confirming that the FAA has deemed the facility safe for air navigation and that military operations will not be adversely affected. The commission is also granted the authority to impose administrative penalties for violations of these requirements, with a cap of $1 million for ongoing violations. The provisions of this bill will apply only to facilities installed after its effective date of September 1, 2025, ensuring that existing facilities are governed by the previous laws.
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