Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 26 - COASTAL MANAGEMENT PROGRAM
Subchapter B - GOALS AND POLICIES
Section 26.16 - Policies for Construction of Electric Generating and Transmission Facilities
Universal Citation: 31 TX Admin Code ยง 26.16
Current through Reg. 49, No. 38; September 20, 2024
(a) Construction of electric generating facilities and electric transmission lines in the coastal zone shall comply with the policies in this section.
(1) New electric generating facilities shall,
where practicable, be located at previously developed sites. New electric
generating facilities at undeveloped sites shall be located so that future
expansion will avoid construction in critical areas, Gulf beaches, critical
dunes, and washovers to the greatest extent practicable. To the extent
applicable to the public beach, the policies in this section are supplemental
to any further restrictions or requirements relating to the beach access and
use rights of the public.
(2)
Electric generating facilities using once-through cooling systems shall be
located and designed to have the least adverse effects practicable, including
impingement or entrainment of estuarine organisms.
(3) Electric generating facilities shall be
constructed at sites selected to have the least adverse effects practicable on
recreational uses of CNRAs and on areas used for spawning, nesting, and
seasonal migrations of terrestrial and aquatic fish and wildlife
species.
(4) Electric transmission
lines to or on Coastal Barrier Resource System Units and Otherwise Protected
Areas designated on maps dated October 24, 1990, as those maps may be modified,
revised, or corrected, under the Coastal Barrier Resources Act, 16 United
States Code Annotated, §3503, on coastal barriers shall:
(A) be located, where practicable, in
existing rights-of-way or previously disturbed areas if necessary to avoid or
minimize adverse effects; and
(B)
be located at sites at which future expansion shall avoid construction in
critical areas, Gulf beaches, critical dunes, and washovers to the greatest
extent practicable.
(b) The PUC shall comply with the policies in this section when issuing certificates of convenience and necessity and adopting rules under the Public Utility Regulatory Act, Texas Utilities Code § 11.001, et seq., governing construction of electric generating facilities, electric transmission lines, and associated facilities in the coastal zone.
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