Relating to renewable energy generation facilities; authorizing fees.

89(R) SB 819 - Engrossed version - Bill Text

By: Kolkhorst, et al.

S.B. No. 819

A BILL TO BE ENTITLED

AN ACT

relating to renewable energy generation facilities; authorizing

fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 35, Utilities Code, is amended by adding

Subchapter F to read as follows:

SUBCHAPTER F. RENEWABLE ENERGY GENERATION FACILITY APPLICATION FOR

DETERMINATION

Sec.

35.201.

DEFINITIONS; APPLICABILITY. (a) In this

subchapter:

(1)

"Person" includes an electric cooperative and a

municipally owned utility.

(2) "Renewable energy generation facility" means:

(A)

a wind power facility as defined by Section

301.0001; or

(B)

a solar power facility as defined by Section

302.0001.

(b)

This subchapter applies to a renewable energy

generation facility regardless of whether the facility is the

subject of a wind power facility agreement or solar power facility

agreement entered into under Chapter 301 or 302.

(c)

This subchapter does not apply to a solar power facility

located in the corporate boundaries of a home-rule municipality.

Sec.

35.202.

LEGISLATIVE POLICY AND PURPOSE.

The

conservation and development of all the natural resources of this

state are declared to be public rights and duties.

It is also

declared that balancing private property rights, the need to

increase electric generation, and the need to mitigate unreasonable

impacts of renewable energy generation facilities on wildlife,

water, and land in this state is in the public interest.

Sec.

35.203.

APPLICATION FOR DETERMINATION. (a) A person

may not interconnect a renewable energy generation facility with a

capacity of 10 megawatts or more to a transmission facility unless

the person files an application for a determination of public

interest with the commission.

(b) An application filed under this section must include:

(1)

a description of the location of the facility,

including a site plan in compliance with Section 35.204;

(2) a description of the type of facility;

(3)

a copy of any information filed with the Federal

Energy Regulatory Commission in connection with registration with

that commission;

(4)

any assumed business or professional name of the

applicant filed under Chapter 71, Business & Commerce Code;

(5)

any wind power facility agreement or solar power

facility agreement applicable to the facility entered into under

Chapter 301 or 302 by the applicant and evidence that the applicant

has complied with the agreement by providing financial assurance in

the form of a bond;

(6)

a sworn affirmation that the person has provided

public notice in compliance with Section 35.205;

(7)

documentation of support or opposition from the

governing body of a political subdivision in the area where the

renewable energy generation facility is located;

(8)

documentation demonstrating that the renewable

energy generation facility will not have a negative effect on

national security;

(9)

information related to a permit or other state

authorization for the renewable energy generation facility issued

by the Texas Commission on Environmental Quality or the Parks and

Wildlife Department; and

(10)

any other information required by commission

rule, provided that in requiring that information the commission

shall protect the competitive process in a manner that ensures the

confidentiality of competitively sensitive information.

(c) An application filed under this section may include:

(1)

an environmental impact analysis for the renewable

energy generation facility; or

(2) a fire mitigation plan that provides for:

(A) emergency vehicle access;

(B) fire mitigation procedures; and

(C) ingress and egress plans during a fire event.

(d)

The commission may impose an application fee to cover

the costs associated with reviewing an application filed under this

section.

Sec.

35.204.

SITE PLAN. (a) A site plan included with an

application under Section 35.203 shall:

(1)

for a solar power facility, ensure that all

facility equipment is located at least:

(A)

100 feet from any property line, unless the

applicant has obtained a written waiver from each owner of property

located less than 100 feet from the facility; and

(B)

200 feet from any habitable structure, unless

the applicant has obtained a written waiver from each owner of the

habitable structure; and

(2)

for a wind power facility, ensure that all

facility equipment is located at least twice the height of the wind

turbine, including the blades, from the property line of each

property that borders the property on which the facility is

located, unless the applicant has obtained a written waiver from

each owner of property located less than twice the height of the

turbine, including the blades, from the facility.

(b)

The distance from the property line required by

Subsection (a)(2) must be measured as a straight line from the

vertical centerline of the wind turbine to the nearest point on the

property line.

(c)

As a condition for approval under Section 35.206, the

commission may require an applicant to submit a site plan with

property line distances that exceed the distances required by

Subsection (a).

Sec.

35.205.

PUBLIC NOTICE. The commission by rule shall

require an applicant to:

(1)

provide notice of the application to the county

judge of each county located within 25 miles of the boundary of the

renewable energy generation facility; and

(2)

publish for at least two consecutive publications

in a newspaper of general circulation in each county in which the

renewable energy generation facility will be or is located a notice

that includes a description of the type and location of the

facility.

Sec.

35.206.

DECISION ON APPLICATION. (a)

The commission

may approve or deny an application filed under Section 35.203 not

later than the 180th day after the date the application is filed.

If the commission does not approve or deny the application before

the 181st day after the date the application is filed, the

application is considered to be approved.

On request of an

applicant, the commission may grant an extension of not more than 30

days for the applicant to amend the application to avoid denial by

the commission.

(b)

The commission may deny an application filed under

Section 35.203 only if:

(1)

the commission determines that the potential harm

caused by the construction and interconnection of the renewable

energy generation facility substantially outweighs the potential

benefit to this state; or

(2)

the application does not meet the requirements of

this subchapter.

(c)

If the commission denies an application filed under

Section 35.203, the commission must provide an explanation of the

reason for the denial and provide an opportunity for the applicant

to file an amended application.

(d)

The commission shall post the decision made on each

application filed under Section 35.203 on the commission's Internet

website.

Sec.

35.207.

POWER TO REGULATE AND SUPERVISE. (a) For

purposes of this subchapter, a provision of Subchapter B or E,

Chapter 14, that authorizes the commission to regulate a public

utility also applies to a person required to apply for a public

interest determination under this subchapter, including an

electric cooperative and a municipally owned utility.

(b)

The commission shall adopt and enforce rules reasonably

required in the exercise of its powers under this subchapter.

Sec.

35.208.

ENFORCEMENT AND PENALTIES. For the purposes

of enforcing this subchapter, a reference in Chapter 15 to a person

includes any person required to apply for a public interest

determination under this subchapter, including an electric

cooperative and a municipally owned utility.

SECTION 2. This Act takes effect September 1, 2025.