Texas 2025 - 89th Regular

Texas House Bill HB3580 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14038 SCR/CJC-D
2	2	By: McLaughlin H.B. No. 3580
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to renewable energy generation facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 10, Government Code, is
12	12	amended by adding Chapter 2278 to read as follows:
13	13	CHAPTER 2278. PROHIBITION ON GRANTING OF INCENTIVES FOR RENEWABLE
14	14	ENERGY GENERATION FACILITIES
15	15	Sec. 2278.001. DEFINITIONS. In this chapter:
16	16	(1) "Economic incentive" means a rebate, refund, or
17	17	other monetary incentive offered by this state or a political
18	18	subdivision of this state.
19	19	(2) "Renewable energy generation facility" means a
20	20	renewable energy generation facility to which Subchapter F, Chapter
21	21	35, Utilities Code, applies.
22	22	(3) "Tax incentive" means an abatement, credit,
23	23	discount, exclusion, exemption, limitation on taxable value,
24	24	refund, special valuation, special accounting treatment, special
25	25	appraisal method or provision, special rate, or special method of
26	26	reporting authorized by state law or the state constitution that
27	27	relates to a tax imposed by this state or a political subdivision of
28	28	this state.
29	29	Sec. 2278.002. PROHIBITION ON INCENTIVES AND RENEWAL OF
30	30	INCENTIVES. (a) Except as otherwise provided by this chapter,
31	31	neither this state nor a political subdivision of this state may
32	32	provide an economic incentive or a tax incentive to a person for the
33	33	construction, maintenance, or operation of a renewable energy
34	34	generation facility.
35	35	(b) An economic incentive or a tax incentive for the
36	36	construction, maintenance, or operation of a renewable energy
37	37	generation facility that was granted to a person before the date the
38	38	incentive became disallowed under Subsection (a) may not be renewed
39	39	after that date.
40	40	Sec. 2278.003. EXCEPTION: PREVIOUSLY GRANTED INCENTIVES.
41	41	Subject to Section 2278.002(b), a person who is receiving an
42	42	economic incentive or a tax incentive from this state or a political
43	43	subdivision of this state for the construction, maintenance, or
44	44	operation of a renewable energy generation facility under an
45	45	agreement that was executed before the date the incentive becomes
46	46	disallowed under Section 2278.002(a) may continue to receive the
47	47	incentive as provided under the terms of that agreement.
48	48	SECTION 2. Chapter 35, Utilities Code, is amended by adding
49	49	Subchapter F to read as follows:
50	50	SUBCHAPTER F. RENEWABLE ENERGY GENERATION FACILITY PERMIT
51	51	Sec. 35.201. DEFINITIONS. In this subchapter:
52	52	(1) "Person" includes an electric cooperative and a
53	53	municipally owned utility.
54	54	(2) "Renewable energy generation facility" means:
55	55	(A) a wind power facility as defined by Section
56	56	301.0001; or
57	57	(B) a solar power facility as defined by Section
58	58	302.0001.
59	59	Sec. 35.202. APPLICABILITY. (a) This subchapter applies
60	60	only to a renewable energy generation facility that is intended to
61	61	be used to sell energy or ancillary services at wholesale.
62	62	(b) This subchapter applies to a renewable energy
63	63	generation facility regardless of whether the facility is the
64	64	subject of a wind power facility agreement or solar power facility
65	65	agreement entered into under Chapter 301 or 302.
66	66	Sec. 35.203. PERMIT REQUIRED; APPLICATION. (a) A person
67	67	may not interconnect a renewable energy generation facility to a
68	68	transmission facility unless the person holds a permit to operate a
69	69	renewable energy generation facility issued by the commission under
70	70	this subchapter.
71	71	(b) A person may apply for a permit to operate a renewable
72	72	energy generation facility by filing with the commission:
73	73	(1) a description of the location of the facility;
74	74	(2) a description of the type of facility;
75	75	(3) any assumed business or professional name of the
76	76	applicant filed under Chapter 71, Business & Commerce Code;
77	77	(4) an impact review described by Subsection (c); and
78	78	(5) any other information required by commission rule.
79	79	(c) A person who applies for a permit under this subchapter
80	80	must conduct an impact review of the facility to be permitted. The
81	81	impact review must evaluate the potential effects of the facility
82	82	relating to the following:
83	83	(1) the land in the area of the facility, including the
84	84	potential for degradation, potential for soil contamination, and
85	85	subsequent possibility for the land to be used for agricultural
86	86	purposes;
87	87	(2) local water resources, including potential
88	88	groundwater depletion, harmful runoff, and chemical contamination;
89	89	(3) local wildlife, including potential habitat
90	90	destruction and long-term effects on biodiversity; and
91	91	(4) the local community and economy, including
92	92	property values and infrastructure.
93	93	(d) The commission shall publish each permit application
94	94	received under this section, including the impact review, on the
95	95	commission's Internet website at least 60 days before the
96	96	commission approves or denies the permit.
97	97	Sec. 35.204. APPROVAL OR DENIAL OF APPLICATION. The
98	98	commission may approve an application only if:
99	99	(1) the commissioners court of the county in which the
100	100	renewable energy generation facility is located consents; and
101	101	(2) the commission finds that issuance of the permit
102	102	would not violate state law.
103	103	Sec. 35.205. POWER TO REGULATE AND SUPERVISE. (a) For
104	104	purposes of this subchapter, a provision of Subchapter B or E,
105	105	Chapter 14, that authorizes the commission to regulate a public
106	106	utility also applies to a person required to obtain a permit under
107	107	this subchapter, including an electric cooperative and a
108	108	municipally owned utility.
109	109	(b) The commission may adopt and enforce rules reasonably
110	110	required in the exercise of its powers under this subchapter.
111	111	Sec. 35.206. ENFORCEMENT AND PENALTIES. For the purposes
112	112	of enforcing this subchapter, a reference in Chapter 15 to a person
113	113	includes any person required to obtain a permit under this
114	114	subchapter, including an electric cooperative and a municipally
115	115	owned utility.
116	116	SECTION 3. Chapter 2278, Government Code, as added by this
117	117	Act, applies to an economic incentive or a tax incentive received by
118	118	a person regardless of the date the person first began receiving the
119	119	incentive and irrespective of whether the incentive is the subject
120	120	of an agreement between the person and this state or a political
121	121	subdivision of this state.
122	122	SECTION 4. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2025.