By: Patterson H.B. No. 5482
A BILL TO BE ENTITLED
AN ACT
relating to renewable energy generation and energy storage
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 35, Utilities Code, is amended by adding
subchapter F to read as follows:
SUBCHAPTER F. RENEWABLE ENERGY GENERATION AND STORAGE FACILITY
APPROVAL
Sec. 35.201. DEFINITIONS. In this subchapter:
(1) "Renewable energy generation facility" means:
(A) a wind power facility as defined by Section
301.0001; or
(B) a solar power facility as defined by Section
302.0001.
(2) "Energy storage facility" means a battery energy
storage resource.
Sec. 35.202. APPLICATION. (a) On or before September 1,
2026, the commission shall establish a rule to create a process for
renewable energy generation facility or energy storage facility
applications and for the provision of public notice of the
application to state agencies, local landowners, and county and
municipal officials.
(b) A renewable energy generation facility or energy
storage facility may not interconnect to the ERCOT electric grid
without one of the following:
(1) the renewable energy generation facility or energy
storage facility obtains approval by the commission under this
subchapter; or
(2) the commission by order approves the
interconnection of the renewable energy generation facility or
energy storage facility.
(c) The commission shall approve, deny, or approve with
conditions each application for interconnection of a renewable
energy generation facility or energy storage facility through a
contested case proceeding on a nondiscriminatory basis after
considering:
(1) existing renewable energy generation facilities
in the area;
(2) existing agricultural and recreational land uses;
(3) environmental and species impact;
(4) historical and aesthetic values;
(5) appropriate setbacks from existing development;
and
(6) any other factor the commission deems appropriate.
(d) An application submitted under this section must
include:
(1) any recommendations provided by the Texas
Commission on Environmental Quality and the Texas Parks and
Wildlife Department;
(2) a plan of action for responding to state agency
recommendations prior to and during construction; and
(3) for battery energy storage facilities, a fire
mitigation plan that provides for:
(A) emergency vehicle access;
(B) fire mitigation procedures; and
(C) ingress and egress plans during a fire event.
Sec. 35.203. DEADLINE FOR DECISION. The commission must
approve, deny, or approve with conditions an application not later
than the 180th day after the date the application is filed or it is
deemed approved.
SECTION 2. This Act takes effect September 1, 2025.