Relating to the construction of structures exceeding a certain height in certain counties containing national wildlife refuges and in adjacent counties.

Contracts

• EPC/General Contractor Agreements: Update "Force Majeure" clauses to exclude regulatory delays arising from HB3556; this is now a foreseeable legal requirement.
• Delay Damages: Insert clauses protecting the Owner from delay claims if the TPWD review process extends beyond 45 days due to agency inaction.
• Definition of "Construction": Explicitly define "commencement of construction" in contracts to align with the statutory grandfathering deadline (e.g., pouring of foundation vs. site clearing).

Hiring/Training

• Environmental Consultants: Retain consultants specifically to draft "alternative minimization measures." You need negotiators, not just assessors, to counter potentially restrictive TPWD proposals.
• Project Managers: Train project leads on the new critical path: a minimum 135-day regulatory buffer must be added to all project schedules (90-day notice + potential 45-day negotiation windows).

Reporting & Record-Keeping

• Section 12.023 Packet: Establish a standardized filing packet for the 90-day notice.
• Proof of Delivery: All submissions to TPWD must be sent via Certified Mail or a method providing a digital receipt to legally start the 45-day agency review clock.
• Confidentiality Protocols: Mark all design data submitted as "Confidential under HB3556 Section 1(h)" to ensure exemption from the Texas Public Information Act.

Fees & Costs

• Mitigation Costs: Budget for potential operational costs, such as radar-activated lighting systems or operational curtailment (shutting down turbines during migration), which TPWD may demand.
• Litigation Reserve: If agreement cannot be reached, budget for legal counsel to represent the project at the State Office of Administrative Hearings (SOAH).