A new law designed to give the state a greater role in reviewing large wind projects along the Gulf Coast quietly took effect on September 1, but the Texas Parks and Wildlife Department says it’s still developing procedures to implement it.
House Bill 3556, authored by State Rep. Cody Vasut (R–Angleton), establishes a new section of the Parks and Wildlife Code—§12.023—requiring developers to notify TPWD before constructing structures taller than 575 feet in certain coastal or adjacent counties that either border the Gulf of America or contain a national wildlife refuge. The law applies only to counties with fewer than 500,000 residents and no municipality larger than 300,000.
Under the statute, developers must give at least 90 days’ notice to TPWD before construction begins. Once notified, the department has 45 days to issue written recommendations to minimize potential harm to migratory birds. Developers then have another 45 days to respond, either accepting those recommendations or proposing alternative measures. If the department disagrees, it must issue a final decision within 45 days, after which developers can request a hearing before the State Office of Administrative Hearings.
Supporters of the measure said it was needed to ensure Texas wildlife officials could review large energy projects—particularly wind farms—before they are built in sensitive coastal areas or major migratory flyways.
In a response to Texas Scorecard, TPWD confirmed that it has not yet received any project notifications or issued any recommendations under the new law.
“We are in the process of drafting procedures,” a department spokesman said. “We do not anticipate any rulemaking at this time, but we may do so in the future if we determine it will be beneficial.”
That lack of implementation comes as a federal lawsuit challenges the Lane City Wind project in Wharton County, where developers plan to construct a 200-megawatt facility backed by German energy company RWE and Microsoft.
Filed in February, the suit alleges the project threatens endangered species such as the Bald Eagle and Whooping Crane, claiming federal agencies failed to conduct required environmental reviews and secure authorization under the Endangered Species Act and the Bald and Golden Eagle Protection Act.
The project’s scale and location place it within the Gulf Coast corridor that HB 3556 was intended to cover, yet TPWD confirmed it has not received or acted on any notifications.
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