89R13084 ANG-D
By: McLaughlin H.B. No. 3278
A BILL TO BE ENTITLED
AN ACT
relating to the study of and incentives for the use of solar and
wind energy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. STUDY ON SOLAR AND WIND ENERGY AND RELATED
FACILITIES. (a) In this Act, "commission" means the Texas
Commission on Environmental Quality.
(b) The commission, in consultation with the Public Utility
Commission of Texas, the Parks and Wildlife Department, and any
other relevant state agency, shall conduct a study on the effects of
solar generation facilities and wind generation facilities on the
environment, the economy, and infrastructure in this state.
(c) In conducting the study, the commission shall examine:
(1) land use and habitat disruption, including the
impact of large solar and wind generation facilities on
agricultural land, native ecosystems, and wildlife habitats;
(2) decommissioning and disposal challenges related
to solar and wind generation facilities, including a consideration
of the life cycle of solar panels and wind turbines, hazardous waste
risks, sustainability of recycling methods, and the disposal of
components;
(3) grid reliability and energy security, including
any effects of an increased reliance on solar and wind energy on
electric grid stability, energy storage needs, and grid reliability
during periods of peak demand;
(4) the economic impact of solar and wind generation
facilities on rural communities, including changes in land value,
tax revenue, or agricultural productivity in areas where solar
generation facilities or wind generation facilities are
established;
(5) potential fire risks associated with lithium-ion
battery storage and the capability of rural emergency services to
effectively respond to a fire at a battery facility;
(6) risks of soil and water contamination from solar
generation facilities, including risks associated with water
usage, long-term soil degradation, and the disposal of solar panel
materials;
(7) wildlife and avian mortality related to the
production of wind energy, including the effects of wind turbines
on migratory birds, bats, and other wildlife populations; and
(8) the noise created by and potential health effects
of wind generation facilities, including the potential effects of
wind turbine noise, infrasound, and shadow flicker on nearby
communities.
(d) The commission shall hold public hearings in rural
counties and counties in which solar or wind generation facilities
are located to collect input relevant to the study from landowners,
energy industry representatives, environmental experts, and local
officials.
(e) Not later than September 1, 2026, the commission shall
submit to the governor, the lieutenant governor, the speaker of the
house of representatives, and the chair of the standing committee
of each house of the legislature with primary jurisdiction over
energy production an interim report that includes the initial
results of the study conducted under this section.
(f) Not later than January 31, 2027, the commission shall
submit a final report to the governor, the lieutenant governor, the
speaker of the house of representatives, and the chair of the
standing committee of each house of the legislature with primary
jurisdiction over energy production a written report that includes
the results of the study conducted under this section and any
recommendations for the legislature.
(g) The commission shall begin the interim study required by
this section not later than September 1, 2025.
SECTION 2. MORATORIUM ON STATE ECONOMIC INCENTIVES. (a)
Notwithstanding any other law and except as otherwise provided by
this section, during the period that begins on the effective date of
this Act and ends on the last day of the 90th Legislature, Regular
Session, a solar energy project, wind energy project, solar
generation facility, or wind generation facility is not eligible to
receive a state economic incentive, including a state tax
incentive.
(b) Subsection (a) of this section does not apply to a state
economic incentive the application for which was submitted on or
before the effective date of this Act.
(c) The members of the 90th Legislature, Regular Session, by
adoption of a concurrent resolution approved by a record vote of a
majority of the members of each house of the legislature may
terminate the moratorium imposed under Subsection (a) of this
section before the date the moratorium would otherwise expire under
that subsection.
SECTION 3. EXPIRATION. This Act expires September 1, 2027.
SECTION 4. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2025.