1 | 1 | | 89R13084 ANG-D |
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2 | 2 | | By: McLaughlin H.B. No. 3278 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the study of and incentives for the use of solar and |
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10 | 10 | | wind energy. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. STUDY ON SOLAR AND WIND ENERGY AND RELATED |
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13 | 13 | | FACILITIES. (a) In this Act, "commission" means the Texas |
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14 | 14 | | Commission on Environmental Quality. |
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15 | 15 | | (b) The commission, in consultation with the Public Utility |
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16 | 16 | | Commission of Texas, the Parks and Wildlife Department, and any |
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17 | 17 | | other relevant state agency, shall conduct a study on the effects of |
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18 | 18 | | solar generation facilities and wind generation facilities on the |
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19 | 19 | | environment, the economy, and infrastructure in this state. |
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20 | 20 | | (c) In conducting the study, the commission shall examine: |
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21 | 21 | | (1) land use and habitat disruption, including the |
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22 | 22 | | impact of large solar and wind generation facilities on |
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23 | 23 | | agricultural land, native ecosystems, and wildlife habitats; |
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24 | 24 | | (2) decommissioning and disposal challenges related |
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25 | 25 | | to solar and wind generation facilities, including a consideration |
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26 | 26 | | of the life cycle of solar panels and wind turbines, hazardous waste |
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27 | 27 | | risks, sustainability of recycling methods, and the disposal of |
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28 | 28 | | components; |
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29 | 29 | | (3) grid reliability and energy security, including |
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30 | 30 | | any effects of an increased reliance on solar and wind energy on |
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31 | 31 | | electric grid stability, energy storage needs, and grid reliability |
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32 | 32 | | during periods of peak demand; |
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33 | 33 | | (4) the economic impact of solar and wind generation |
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34 | 34 | | facilities on rural communities, including changes in land value, |
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35 | 35 | | tax revenue, or agricultural productivity in areas where solar |
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36 | 36 | | generation facilities or wind generation facilities are |
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37 | 37 | | established; |
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38 | 38 | | (5) potential fire risks associated with lithium-ion |
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39 | 39 | | battery storage and the capability of rural emergency services to |
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40 | 40 | | effectively respond to a fire at a battery facility; |
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41 | 41 | | (6) risks of soil and water contamination from solar |
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42 | 42 | | generation facilities, including risks associated with water |
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43 | 43 | | usage, long-term soil degradation, and the disposal of solar panel |
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44 | 44 | | materials; |
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45 | 45 | | (7) wildlife and avian mortality related to the |
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46 | 46 | | production of wind energy, including the effects of wind turbines |
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47 | 47 | | on migratory birds, bats, and other wildlife populations; and |
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48 | 48 | | (8) the noise created by and potential health effects |
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49 | 49 | | of wind generation facilities, including the potential effects of |
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50 | 50 | | wind turbine noise, infrasound, and shadow flicker on nearby |
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51 | 51 | | communities. |
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52 | 52 | | (d) The commission shall hold public hearings in rural |
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53 | 53 | | counties and counties in which solar or wind generation facilities |
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54 | 54 | | are located to collect input relevant to the study from landowners, |
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55 | 55 | | energy industry representatives, environmental experts, and local |
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56 | 56 | | officials. |
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57 | 57 | | (e) Not later than September 1, 2026, the commission shall |
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58 | 58 | | submit to the governor, the lieutenant governor, the speaker of the |
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59 | 59 | | house of representatives, and the chair of the standing committee |
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60 | 60 | | of each house of the legislature with primary jurisdiction over |
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61 | 61 | | energy production an interim report that includes the initial |
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62 | 62 | | results of the study conducted under this section. |
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63 | 63 | | (f) Not later than January 31, 2027, the commission shall |
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64 | 64 | | submit a final report to the governor, the lieutenant governor, the |
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65 | 65 | | speaker of the house of representatives, and the chair of the |
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66 | 66 | | standing committee of each house of the legislature with primary |
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67 | 67 | | jurisdiction over energy production a written report that includes |
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68 | 68 | | the results of the study conducted under this section and any |
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69 | 69 | | recommendations for the legislature. |
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70 | 70 | | (g) The commission shall begin the interim study required by |
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71 | 71 | | this section not later than September 1, 2025. |
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72 | 72 | | SECTION 2. MORATORIUM ON STATE ECONOMIC INCENTIVES. (a) |
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73 | 73 | | Notwithstanding any other law and except as otherwise provided by |
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74 | 74 | | this section, during the period that begins on the effective date of |
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75 | 75 | | this Act and ends on the last day of the 90th Legislature, Regular |
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76 | 76 | | Session, a solar energy project, wind energy project, solar |
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77 | 77 | | generation facility, or wind generation facility is not eligible to |
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78 | 78 | | receive a state economic incentive, including a state tax |
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79 | 79 | | incentive. |
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80 | 80 | | (b) Subsection (a) of this section does not apply to a state |
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81 | 81 | | economic incentive the application for which was submitted on or |
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82 | 82 | | before the effective date of this Act. |
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83 | 83 | | (c) The members of the 90th Legislature, Regular Session, by |
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84 | 84 | | adoption of a concurrent resolution approved by a record vote of a |
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85 | 85 | | majority of the members of each house of the legislature may |
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86 | 86 | | terminate the moratorium imposed under Subsection (a) of this |
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87 | 87 | | section before the date the moratorium would otherwise expire under |
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88 | 88 | | that subsection. |
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89 | 89 | | SECTION 3. EXPIRATION. This Act expires September 1, 2027. |
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90 | 90 | | SECTION 4. EFFECTIVE DATE. This Act takes effect |
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91 | 91 | | immediately if it receives a vote of two-thirds of all the members |
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92 | 92 | | elected to each house, as provided by Section 39, Article III, Texas |
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93 | 93 | | Constitution. If this Act does not receive the vote necessary for |
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94 | 94 | | immediate effect, this Act takes effect September 1, 2025. |
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