| 2 | 4 | | |
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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to renewable energy generation and energy storage |
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| 7 | 9 | | facilities. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Chapter 35, Utilities Code, is amended by adding |
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| 10 | 12 | | subchapter F to read as follows: |
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| 11 | 13 | | SUBCHAPTER F. RENEWABLE ENERGY GENERATION AND STORAGE FACILITY |
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| 12 | 14 | | APPROVAL |
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| 13 | 15 | | Sec. 35.201. DEFINITIONS. In this subchapter: |
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| 14 | 16 | | (1) "Renewable energy generation facility" means: |
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| 15 | 17 | | (A) a wind power facility as defined by Section |
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| 16 | 18 | | 301.0001; or |
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| 17 | 19 | | (B) a solar power facility as defined by Section |
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| 18 | 20 | | 302.0001. |
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| 19 | 21 | | (2) "Energy storage facility" means a battery energy |
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| 20 | 22 | | storage resource. |
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| 21 | 23 | | Sec. 35.202. APPLICATION. (a) On or before September 1, |
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| 22 | 24 | | 2026, the commission shall establish a rule to create a process for |
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| 23 | 25 | | renewable energy generation facility or energy storage facility |
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| 24 | 26 | | applications and for the provision of public notice of the |
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| 25 | 27 | | application to state agencies, local landowners, and county and |
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| 26 | 28 | | municipal officials. |
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| 27 | 29 | | (b) A renewable energy generation facility or energy |
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| 28 | 30 | | storage facility may not interconnect to the ERCOT electric grid |
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| 29 | 31 | | without one of the following: |
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| 30 | 32 | | (1) the renewable energy generation facility or energy |
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| 31 | 33 | | storage facility obtains approval by the commission under this |
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| 32 | 34 | | subchapter; or |
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| 33 | 35 | | (2) the commission by order approves the |
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| 34 | 36 | | interconnection of the renewable energy generation facility or |
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| 35 | 37 | | energy storage facility. |
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| 36 | 38 | | (c) The commission shall approve, deny, or approve with |
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| 37 | 39 | | conditions each application for interconnection of a renewable |
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| 38 | 40 | | energy generation facility or energy storage facility through a |
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| 39 | 41 | | contested case proceeding on a nondiscriminatory basis after |
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| 40 | 42 | | considering: |
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| 41 | 43 | | (1) existing renewable energy generation facilities |
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| 42 | 44 | | in the area; |
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| 43 | 45 | | (2) existing agricultural and recreational land uses; |
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| 44 | 46 | | (3) environmental and species impact; |
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| 45 | 47 | | (4) historical and aesthetic values; |
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| 46 | 48 | | (5) appropriate setbacks from existing development; |
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| 47 | 49 | | and |
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| 48 | 50 | | (6) any other factor the commission deems appropriate. |
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| 49 | 51 | | (d) An application submitted under this section must |
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| 50 | 52 | | include: |
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| 51 | 53 | | (1) any recommendations provided by the Texas |
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| 52 | 54 | | Commission on Environmental Quality and the Texas Parks and |
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| 53 | 55 | | Wildlife Department; |
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| 54 | 56 | | (2) a plan of action for responding to state agency |
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| 55 | 57 | | recommendations prior to and during construction; and |
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| 56 | 58 | | (3) for battery energy storage facilities, a fire |
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| 57 | 59 | | mitigation plan that provides for: |
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| 58 | 60 | | (A) emergency vehicle access; |
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| 59 | 61 | | (B) fire mitigation procedures; and |
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| 60 | 62 | | (C) ingress and egress plans during a fire event. |
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| 61 | 63 | | Sec. 35.203. DEADLINE FOR DECISION. The commission must |
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| 62 | 64 | | approve, deny, or approve with conditions an application not later |
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| 63 | 65 | | than the 180th day after the date the application is filed or it is |
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| 64 | 66 | | deemed approved. |
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| 65 | 67 | | SECTION 2. This Act takes effect September 1, 2025. |
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