Texas 2025 - 89th Regular

Texas House Bill HB3278 Compare Versions

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11 89R13084 ANG-D
22 By: McLaughlin H.B. No. 3278
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the study of and incentives for the use of solar and
1010 wind energy.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. STUDY ON SOLAR AND WIND ENERGY AND RELATED
1313 FACILITIES. (a) In this Act, "commission" means the Texas
1414 Commission on Environmental Quality.
1515 (b) The commission, in consultation with the Public Utility
1616 Commission of Texas, the Parks and Wildlife Department, and any
1717 other relevant state agency, shall conduct a study on the effects of
1818 solar generation facilities and wind generation facilities on the
1919 environment, the economy, and infrastructure in this state.
2020 (c) In conducting the study, the commission shall examine:
2121 (1) land use and habitat disruption, including the
2222 impact of large solar and wind generation facilities on
2323 agricultural land, native ecosystems, and wildlife habitats;
2424 (2) decommissioning and disposal challenges related
2525 to solar and wind generation facilities, including a consideration
2626 of the life cycle of solar panels and wind turbines, hazardous waste
2727 risks, sustainability of recycling methods, and the disposal of
2828 components;
2929 (3) grid reliability and energy security, including
3030 any effects of an increased reliance on solar and wind energy on
3131 electric grid stability, energy storage needs, and grid reliability
3232 during periods of peak demand;
3333 (4) the economic impact of solar and wind generation
3434 facilities on rural communities, including changes in land value,
3535 tax revenue, or agricultural productivity in areas where solar
3636 generation facilities or wind generation facilities are
3737 established;
3838 (5) potential fire risks associated with lithium-ion
3939 battery storage and the capability of rural emergency services to
4040 effectively respond to a fire at a battery facility;
4141 (6) risks of soil and water contamination from solar
4242 generation facilities, including risks associated with water
4343 usage, long-term soil degradation, and the disposal of solar panel
4444 materials;
4545 (7) wildlife and avian mortality related to the
4646 production of wind energy, including the effects of wind turbines
4747 on migratory birds, bats, and other wildlife populations; and
4848 (8) the noise created by and potential health effects
4949 of wind generation facilities, including the potential effects of
5050 wind turbine noise, infrasound, and shadow flicker on nearby
5151 communities.
5252 (d) The commission shall hold public hearings in rural
5353 counties and counties in which solar or wind generation facilities
5454 are located to collect input relevant to the study from landowners,
5555 energy industry representatives, environmental experts, and local
5656 officials.
5757 (e) Not later than September 1, 2026, the commission shall
5858 submit to the governor, the lieutenant governor, the speaker of the
5959 house of representatives, and the chair of the standing committee
6060 of each house of the legislature with primary jurisdiction over
6161 energy production an interim report that includes the initial
6262 results of the study conducted under this section.
6363 (f) Not later than January 31, 2027, the commission shall
6464 submit a final report to the governor, the lieutenant governor, the
6565 speaker of the house of representatives, and the chair of the
6666 standing committee of each house of the legislature with primary
6767 jurisdiction over energy production a written report that includes
6868 the results of the study conducted under this section and any
6969 recommendations for the legislature.
7070 (g) The commission shall begin the interim study required by
7171 this section not later than September 1, 2025.
7272 SECTION 2. MORATORIUM ON STATE ECONOMIC INCENTIVES. (a)
7373 Notwithstanding any other law and except as otherwise provided by
7474 this section, during the period that begins on the effective date of
7575 this Act and ends on the last day of the 90th Legislature, Regular
7676 Session, a solar energy project, wind energy project, solar
7777 generation facility, or wind generation facility is not eligible to
7878 receive a state economic incentive, including a state tax
7979 incentive.
8080 (b) Subsection (a) of this section does not apply to a state
8181 economic incentive the application for which was submitted on or
8282 before the effective date of this Act.
8383 (c) The members of the 90th Legislature, Regular Session, by
8484 adoption of a concurrent resolution approved by a record vote of a
8585 majority of the members of each house of the legislature may
8686 terminate the moratorium imposed under Subsection (a) of this
8787 section before the date the moratorium would otherwise expire under
8888 that subsection.
8989 SECTION 3. EXPIRATION. This Act expires September 1, 2027.
9090 SECTION 4. EFFECTIVE DATE. This Act takes effect
9191 immediately if it receives a vote of two-thirds of all the members
9292 elected to each house, as provided by Section 39, Article III, Texas
9393 Constitution. If this Act does not receive the vote necessary for
9494 immediate effect, this Act takes effect September 1, 2025.