The bill, H.B. No. 3244, introduces new regulations regarding the location and light pollution mitigation for wind turbine generators in Texas. It adds Sections 35.0023 and 35.0024 to the Utilities Code, which require electric cooperatives, utilities, and power generation companies to apply for Federal Aviation Administration (FAA) authorization to install light mitigation technology for wind turbines. Specifically, those installing turbines after December 31, 2026, must submit applications for light mitigation technology approval at least 180 days before the turbines begin commercial operations and install the technology within 18 months of receiving FAA approval. Additionally, if there are delays in installation due to uncontrollable circumstances, these entities must report quarterly to the commission.

Furthermore, the bill mandates that before any wind turbine generation facility can begin operation or expansion, documentation must be submitted to the commission proving that the FAA has determined the facility is not a hazard to air navigation and that military operations will not be adversely impacted. The commission is authorized 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, while those established prior will continue to be governed by existing laws.

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