Texas 2023 - 88th Regular

Texas Senate Bill SB624 Compare Versions

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1	1	By: Kolkhorst, Hughes S.B. No. 624
2	2	Middleton
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the permitting of renewable energy generation
8	8	facilities by the Public Utility Commission of Texas; authorizing
9	9	fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 35, Utilities Code, is amended by adding
12	12	Subchapter F to read as follows:
13	13	SUBCHAPTER F. RENEWABLE ENERGY GENERATION FACILITY PERMIT
14	14	Sec. 35.201. DEFINITIONS; APPLICABILITY. (a) In this
15	15	subchapter:
16	16	(1) "Permit holder" means a person who holds a permit
17	17	issued under this subchapter.
18	18	(2) "Person" includes an electric cooperative and a
19	19	municipally owned utility.
20	20	(3) "Renewable energy generation facility" means:
21	21	(A) a wind power facility as defined by Section
22	22	301.0001; or
23	23	(B) a solar power facility as defined by Section
24	24	302.0001.
25	25	(b) This subchapter applies to a renewable energy
26	26	generation facility regardless of whether the facility is the
27	27	subject of a wind power facility agreement or solar power facility
28	28	agreement entered into under Chapter 301 or 302.
29	29	(c) This subchapter does not apply to a solar power facility
30	30	located in the corporate boundaries of a home-rule municipality.
31	31	Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The
32	32	conservation and development of all the natural resources of this
33	33	state are declared to be public rights and duties. It is also
34	34	declared that balancing private property rights, the need to
35	35	increase electric generation, and the need to mitigate unreasonable
36	36	impacts of renewable energy generation facilities on wildlife,
37	37	water, and land in this state is in the public interest. In the
38	38	exercise of the police power of this state, it is necessary and
39	39	desirable to provide additional means so that the installation and
40	40	removal of renewable energy generation facilities is placed under
41	41	the authority and direction of the commission.
42	42	Sec. 35.203. PERMIT REQUIRED; APPLICATION. (a) A person
43	43	may not interconnect a renewable energy generation facility with a
44	44	capacity of 10 megawatts or more to a transmission facility unless:
45	45	(1) the person holds a permit to operate a renewable
46	46	energy generation facility issued by the commission under this
47	47	subchapter; or
48	48	(2) the commission by order approves the construction.
49	49	(b) A person may apply for a permit to operate a renewable
50	50	energy generation facility by filing with the commission:
51	51	(1) a description of the location of the facility;
52	52	(2) a description of the type of facility;
53	53	(3) a copy of any information filed with the Federal
54	54	Energy Regulatory Commission in connection with registration with
55	55	that commission;
56	56	(4) any assumed business or professional name of the
57	57	applicant filed under Chapter 71, Business & Commerce Code;
58	58	(5) an environmental impact review conducted by the
59	59	Parks and Wildlife Department under Section 12.0012, Parks and
60	60	Wildlife Code;
61	61	(6) any wind power facility agreement or solar power
62	62	facility agreement applicable to the facility entered into under
63	63	Chapter 301 or 302 by the applicant;
64	64	(7) the address of an Internet website that provides
65	65	information about the proposed facility; and
66	66	(8) any other information required by commission rule,
67	67	provided that in requiring that information the commission shall
68	68	protect the competitive process in a manner that ensures the
69	69	confidentiality of competitively sensitive information.
70	70	(c) Notwithstanding Subsection (a), a person who
71	71	interconnected a renewable energy generation facility to a
72	72	transmission facility before September 1, 2023, must apply for a
73	73	permit under this subchapter only if the person:
74	74	(1) increases the amount of electricity generated by
75	75	the facility by five megawatts or more; or
76	76	(2) materially changes the placement of the renewable
77	77	energy generation facility.
78	78	Sec. 35.204. NOTICE AND MEETING. (a) The commission by rule
79	79	shall require an applicant for a permit or a permit amendment to:
80	80	(1) provide notice of the application to the county
81	81	judge of each county located within 25 miles of the boundary of the
82	82	renewable energy generation facility that is the subject of the
83	83	permit;
84	84	(2) hold a public meeting to obtain public input on the
85	85	proposed permit or permit amendment; and
86	86	(3) after applying for the permit or permit amendment,
87	87	publish for at least two consecutive publications in a newspaper of
88	88	general circulation in each county in which the renewable energy
89	89	generation facility that is the subject of the permit will be or is
90	90	located a notice that includes:
91	91	(A) the time and place of the public meeting; and
92	92	(B) a link to a publicly accessible Internet
93	93	website that provides information about the facility and
94	94	information regarding the public meeting.
95	95	(b) A public meeting held under this section must be held in
96	96	a location that is:
97	97	(1) not more than 25 miles from the boundary of the
98	98	renewable energy generation facility that is the subject of the
99	99	permit; or
100	100	(2) if a suitable meeting place is not available in a
101	101	location described by Subdivision (1), in the nearest suitable
102	102	meeting location.
103	103	(c) The commission may not approve or deny an application
104	104	for a permit or permit amendment before the 30th day after the date
105	105	the applicant conducts the public meeting required by this section.
106	106	(d) Notwithstanding any other provision of this subchapter,
107	107	the commission may approve an application to amend a permit without
108	108	requiring a public meeting if:
109	109	(1) the applicant is not applying to:
110	110	(A) significantly increase the amount of
111	111	electricity generated under the permit; or
112	112	(B) materially change the placement of the
113	113	renewable energy generation facility;
114	114	(2) the commission determines that the applicant's
115	115	compliance history raises no issues regarding the applicant's
116	116	ability to comply with a material term of the permit; and
117	117	(3) the commission:
118	118	(A) gives notice of the application to the county
119	119	judge of each county and the governing body of each municipality in
120	120	which the facility is located at least 30 days before the date of
121	121	the commission's approval of the application; and
122	122	(B) allows the county judges and governing bodies
123	123	to present information to the commission on the application.
124	124	Sec. 35.205. APPROVAL OR DENIAL OF APPLICATION. (a) The
125	125	commission may approve an application only if the commission finds
126	126	that issuance or amendment of the permit would not violate state or
127	127	federal law or rule and would not interfere with the purpose of this
128	128	subchapter.
129	129	(b) In considering an application for the issuance or
130	130	amendment of a permit, the commission shall consider the compliance
131	131	history of the applicant.
132	132	(c) A permit holder does not have a vested right in a permit.
133	133	Sec. 35.206. CONDITIONS OF PERMIT. (a) For each permit,
134	134	the commission shall prescribe the conditions under which it is
135	135	issued, including:
136	136	(1) the boundary of the permitted facility location;
137	137	(2) the maximum number of renewable energy generation
138	138	facilities authorized by the permit; and
139	139	(3) any monitoring and reporting requirements
140	140	prescribed by the commission for the permit holder.
141	141	(b) The commission, on its own motion after reasonable
142	142	notice and hearing, may require a permit holder to conform to new or
143	143	additional conditions to comply with this subchapter or rules
144	144	adopted under this subchapter.
145	145	(c) A permit holder shall:
146	146	(1) for a solar power facility, ensure that all
147	147	permitted facility equipment is located at least:
148	148	(A) 100 feet from any property line, unless the
149	149	permit holder has obtained a written waiver from each owner of
150	150	property located less than 100 feet from the permitted facility;
151	151	and
152	152	(B) 200 feet from any habitable structure, unless
153	153	the permit holder has obtained a written waiver from each owner of
154	154	the habitable structure;
155	155	(2) for a wind power facility, ensure that all
156	156	permitted facility equipment is located at least 3,000 feet from
157	157	the property line of each property that borders the property on
158	158	which the permitted facility is located, unless the permit holder
159	159	has obtained a written waiver from each owner of property located
160	160	less than 3,000 feet from the permitted facility;
161	161	(3) provide a publicly accessible Internet website
162	162	that displays:
163	163	(A) a map of the boundaries of the permitted
164	164	facility;
165	165	(B) any interconnection request numbers assigned
166	166	to the permitted facility;
167	167	(C) the name of the owner of the permitted
168	168	facility; and
169	169	(D) any other information required by the
170	170	commission; and
171	171	(4) provide evidence to the commission that the permit
172	172	holder has complied with Chapter 301 or 302, as applicable, by
173	173	providing financial assurance in the form of a bond.
174	174	(d) The distance from the property line required by
175	175	Subsection (c)(2) must be measured as a straight line from the
176	176	vertical centerline of the wind turbine to the nearest point on the
177	177	property line.
178	178	Sec. 35.207. MONITORING AND REPORTING. The commission by
179	179	rule may, in coordination with the Parks and Wildlife Department,
180	180	require a permit holder to:
181	181	(1) monitor, record, and report on environmental
182	182	impacts created by the permitted facility;
183	183	(2) conduct wildlife assessments around the permitted
184	184	facility and provide assessment results to the Parks and Wildlife
185	185	Department in a form and according to deadlines required by the
186	186	department;
187	187	(3) adapt operations based on information obtained
188	188	under Subdivisions (1) and (2) to minimize facility effects on
189	189	bats, birds, and other wildlife; and
190	190	(4) provide to the commission and the Parks and
191	191	Wildlife Department other information about the operation of the
192	192	permitted facility.
193	193	Sec. 35.208. RENEWABLE ENERGY GENERATION FACILITY CLEANUP
194	194	FUND. (a) The renewable energy generation facility cleanup fund is
195	195	a dedicated account in the general revenue fund.
196	196	(b) The fund consists of:
197	197	(1) environmental impact fees collected under Section
198	198	35.209;
199	199	(2) gifts, grants, and donations; and
200	200	(3) legislative appropriations.
201	201	(c) Money in the fund may be used only by the commission to
202	202	implement this subchapter.
203	203	Sec. 35.209. ENVIRONMENTAL IMPACT FEE. (a) An annual
204	204	environmental impact fee is imposed on each permit holder.
205	205	(b) Environmental impact fees must be deposited in the
206	206	renewable energy generation facility cleanup fund.
207	207	(c) The fee for each year is imposed on each permit in effect
208	208	during any part of the year. The commission may establish reduced
209	209	fees for inactive permits.
210	210	(d) The commission by rule shall adopt a fee schedule for
211	211	determining the amount of the fee to be charged. In determining the
212	212	amount of a fee under this section, the commission may consider:
213	213	(1) the efficiency of the renewable energy generation
214	214	facility;
215	215	(2) the area and size of the renewable energy
216	216	generation facility;
217	217	(3) the renewable energy generation facility's
218	218	environmental impact score provided under Section 12.0012, Parks
219	219	and Wildlife Code; and
220	220	(4) expenses necessary to implement this subchapter.
221	221	Sec. 35.210. FEDERAL FUNDS. The commission may execute
222	222	agreements with the United States Environmental Protection Agency
223	223	or any other federal agency that administers programs providing
224	224	federal cooperation, assistance, grants, or loans for research,
225	225	development, investigation, training, planning, studies,
226	226	programming, or construction related to methods, procedures,
227	227	mitigation, and facilities for the removal of renewable energy
228	228	generation facilities. The commission may accept federal funds for
229	229	these purposes and for other purposes consistent with the
230	230	objectives of this subchapter and may use the funds as prescribed by
231	231	law or as provided by agreement.
232	232	Sec. 35.211. POWER TO REGULATE AND SUPERVISE. (a) For
233	233	purposes of this subchapter, a provision of Subchapter B or E,
234	234	Chapter 14, that authorizes the commission to regulate a public
235	235	utility also applies to a person required to obtain a permit under
236	236	this subchapter, including an electric cooperative and a
237	237	municipally owned utility.
238	238	(b) The commission may adopt and enforce rules reasonably
239	239	required in the exercise of its powers under this subchapter.
240	240	Sec. 35.212. ENFORCEMENT AND PENALTIES. For the purposes
241	241	of enforcing this subchapter, a reference in Chapter 15 to a person
242	242	includes any person required to obtain a permit under this
243	243	subchapter, including an electric cooperative and a municipally
244	244	owned utility.
245	245	SECTION 2. Subchapter A, Chapter 12, Parks and Wildlife
246	246	Code, is amended by adding Section 12.0012 to read as follows:
247	247	Sec. 12.0012. ENVIRONMENTAL IMPACT REVIEW FOR RENEWABLE
248	248	ENERGY GENERATION FACILITIES. The commission by rule shall adopt a
249	249	system for providing an environmental impact review in a format
250	250	established by the commission to an applicant for a renewable
251	251	energy generation facility permit under Section 35.203, Utilities
252	252	Code, based on materials provided by the applicant. The system must
253	253	establish:
254	254	(1) a process for a person to apply for and receive
255	255	from the department an environmental impact review;
256	256	(2) criteria for the department to evaluate the
257	257	environmental impact of a proposed renewable energy generation
258	258	facility, including:
259	259	(A) the facility's prioritization of natural
260	260	resource conservation, wildlife conservation management, and
261	261	agricultural use of land;
262	262	(B) use of the land on which the facility is
263	263	located for agricultural purposes;
264	264	(C) the applicant's commitment to and planned
265	265	implementation of avoidance and minimization measures to conserve
266	266	natural resources; and
267	267	(D) agricultural best practices developed by the
268	268	department in coordination with the Texas A&M AgriLife Extension
269	269	Service;
270	270	(3) a method for the department to provide an
271	271	environmental impact score for a renewable energy generation
272	272	facility, based on the criteria described by Subdivision (2);
273	273	(4) fees for providing the environmental impact
274	274	reviews, in an amount sufficient to cover the department's costs of
275	275	implementing this section; and
276	276	(5) guidelines for the department's use of any map
277	277	applications necessary for the implementation of this section,
278	278	including the applicant's mapping of specific areas and other
279	279	aspects required by the department to produce an effective and
280	280	timely review.
281	281	SECTION 3. This Act takes effect September 1, 2023.