SB1478 - Relating to the removal of certain power facilities operated on leased property.

  89R4312 JXC-D     By: Hall S.B. No. 1478       A BILL TO BE ENTITLED   AN ACT   relating to the removal of certain power facilities operated on   leased property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 301, Utilities Code, is transferred to   Subtitle B, Title 5, Health and Safety Code, redesignated as   Chapter 375, Health and Safety Code, and amended to read as follows:   CHAPTER 375 [ 301 ].  [ WIND ] POWER FACILITY AGREEMENTS AND FINANCIAL   ASSURANCE          Sec.  375.0001  [ 301.0001 ].  DEFINITIONS. In this chapter:                (1)   "Commission" means the Texas Commission on   Environmental Quality.                 (2)     "Electric energy storage facility agreement"   means a lease agreement between a grantee and a landowner that   authorizes the grantee to operate an electric energy storage   facility on the leased property.                 (3)   "Grantee" means a person who[ :                      [ (A) ]  leases property from a landowner[ ; and                      [ (B)     operates a wind power facility on the   property ].                 (4)  "Renewable power facility" means a facility that:                       (A)     generates electric energy using a renewable   energy technology, as defined by Section 39.916, Utilities Code,   other than a technology that relies exclusively on wind or solar   energy; and                       (B)  is not an electric energy storage facility.                 (5)     "Renewable power facility agreement" means a lease   agreement between a grantee and a landowner that authorizes the   grantee to operate a renewable power facility on the leased   property.                 (6)     "Solar energy device" has the meaning assigned by   Section 185.001, Utilities Code.                 (7)  "Solar power facility" includes:                       (A)  a solar energy device; and                       (B)     a facility or equipment, other than a   facility or equipment owned by an electric utility, as defined by   Section 31.002, Utilities Code, used to support the operation of a   solar energy device, including an underground or aboveground   electrical transmission or communications line, an electric   transformer, a battery storage facility, an energy storage   facility, telecommunications equipment, a road, a meteorological   tower, or a maintenance yard.                 (8)     "Solar power facility agreement" means a lease   agreement between a grantee and a landowner that authorizes the   grantee to operate a solar power facility on the leased property.                 (9)  [ (2) ]  "Wind power facility" includes:                      (A)  a wind turbine generator; and                      (B)  a facility or equipment used to support the   operation of a wind turbine generator, including an underground or   aboveground electrical transmission or communications line, an   electric transformer, a battery storage facility, an energy storage   facility, telecommunications equipment, a road, a meteorological   tower with wind measurement equipment, or a maintenance yard.                 (10)  [ (3) ]  "Wind power facility agreement" means a   lease agreement between a grantee and a landowner that authorizes   the grantee to operate a wind power facility on the leased property.           Sec.   375.0002.     APPLICABILITY. This chapter applies only to   an electric energy storage facility, a renewable power facility, a   solar power facility, or a wind power facility that is intended to   provide energy or ancillary services at wholesale for a power grid.          Sec.  375.0003  [ 301.0002 ].  WAIVER VOID; REMEDIES. (a) A   provision of an electric energy storage facility agreement, a   renewable power facility agreement, a solar power facility   agreement, or a wind power facility agreement that purports to   waive a right or exempt a grantee from a liability or duty   established by this chapter is void.          (b)  A person who is harmed by a violation of this chapter is   entitled to appropriate injunctive relief to prevent further   violation of this chapter.          (c)  The provisions of this section are not exclusive. The   remedies provided in this section are in addition to any other   procedures or remedies provided by other law.          Sec.  375.0004  [ 301.0003 ].  REQUIRED AGREEMENT PROVISIONS ON   WIND POWER FACILITY REMOVAL. (a) A wind power facility agreement   must provide that the grantee is responsible for removing the   grantee's wind power facilities from the landowner's property and   that the grantee shall, in accordance with any other applicable   laws or regulations, safely:                (1)  clear, clean, and remove from the property:                      (A)  each wind turbine generator, including   towers and pad-mount transformers;                      (B)  all liquids, greases, or similar substances   contained in a wind turbine generator;                      (C)  each substation; and                      (D)  all liquids, greases, or similar substances   contained in a substation;                (2)  for each tower foundation and pad-mount   transformer foundation installed in the ground:                      (A)  clear, clean, and remove the foundation from   the ground to a depth of at least three feet below the surface grade   of the land in which the foundation is installed; and                      (B)  ensure that each hole or cavity created in   the ground by the removal is filled with topsoil of the same type or   a similar type as the predominant topsoil found on the property;                (3)  for each buried cable, including power,   fiber-optic, and communications cables, installed in the ground:                      (A)  clear, clean, and remove the cable from the   ground to a depth of at least three feet below the surface grade of   the land in which the cable is installed; and                      (B)  ensure that each hole or cavity created in   the ground by the removal is filled with topsoil of the same type or   a similar type as the predominant topsoil found on the property; and                (4)  clear, clean, and remove from the property each   overhead power or communications line installed by the grantee on   the property.          (b)  The agreement must provide that, at the request of the   landowner, the grantee shall:                (1)  clear, clean, and remove each road constructed by   the grantee on the property; and                (2)  ensure that each hole or cavity created in the   ground by the removal is filled with topsoil of the same type or a   similar type as the predominant topsoil found on the property.          (c)  The agreement must provide that, at the request of the   landowner, if reasonable, the grantee shall:                (1)  remove from the property all rocks over 12 inches   in diameter excavated during the decommissioning or removal   process;                (2)  return the property to a tillable state using   scarification, V-rip, or disc methods, as appropriate; and                (3)  ensure that:                      (A)  each hole or cavity created in the ground by   the removal is filled with topsoil of the same type or a similar   type as the predominant topsoil found on the property; and                      (B)  the surface is returned as near as reasonably   possible to the same condition as before the grantee dug holes or   cavities, including by reseeding pastureland with native grasses   prescribed by an appropriate governmental agency, if any.          (d)  The landowner shall make a request under Subsection (b)   or (c) not later than the 180th day after the later of:                (1)  the date on which the wind power facility is no   longer capable of generating electricity in commercial quantities;   or                (2)  the date the landowner receives written notice of   intent to decommission the wind power facility from the grantee.           Sec.   375.0005.     REQUIRED AGREEMENT PROVISIONS ON SOLAR POWER   FACILITY REMOVAL.   (a)   A solar power facility agreement must   provide that the grantee is responsible for removing the grantee's   solar power facilities from the landowner's property and that the   grantee shall, in accordance with any other applicable laws or   regulations, safely:                 (1)     clear, clean, and remove from the property each   solar energy device, transformer, and substation;                 (2)     for each foundation of a solar energy device,   transformer, or substation installed in the ground:                       (A)     clear, clean, and remove the foundation from   the ground to a depth of at least three feet below the surface grade   of the land in which the foundation is installed; and                       (B)     ensure that each hole or cavity created in   the ground by the removal is filled with soil of the same type or a   similar type as the predominant soil found on the property;                 (3)     for each buried cable, including power,   fiber-optic, and communications cables, installed in the ground:                       (A)     clear, clean, and remove the cable from the   ground to a depth of at least three feet below the surface grade of   the land in which the cable is installed; and                       (B)     ensure that each hole or cavity created in   the ground by the removal is fi [Text truncated for display. 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