Texas 2025 - 89th Regular

Texas House Bill HB553 Compare Versions

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

Old	New	Differences
1	1	89R580 JXC-F
2	2	By: Patterson H.B. No. 553
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the permitting of renewable energy generation
10	10	facilities by the Public Utility Commission of Texas; authorizing
11	11	fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 35, Utilities Code, is amended by adding
14	14	Subchapter F to read as follows:
15	15	SUBCHAPTER F. RENEWABLE ENERGY GENERATION FACILITY PERMIT
16	16	Sec. 35.201. DEFINITIONS; APPLICABILITY. (a) In this
17	17	subchapter:
18	18	(1) "Permit holder" means a person who holds a permit
19	19	issued under this subchapter.
20	20	(2) "Person" includes an electric cooperative and a
21	21	municipally owned utility.
22	22	(3) "Renewable energy generation facility" means:
23	23	(A) a wind power facility as defined by Section
24	24	301.0001; or
25	25	(B) a solar power facility as defined by Section
26	26	302.0001.
27	27	(b) This subchapter applies to a renewable energy
28	28	generation facility regardless of whether the facility is the
29	29	subject of a wind power facility agreement or solar power facility
30	30	agreement entered into under Chapter 301 or 302.
31	31	Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The
32	32	conservation and development of all the natural resources of this
33	33	state are declared to be public rights and duties. It is also
34	34	declared that the protection of the wildlife, water, and land of
35	35	this state against the impacts of renewable energy generation
36	36	facilities is in the public interest. In the exercise of the police
37	37	power of this state, it is necessary and desirable to provide
38	38	additional means so that the installation and removal of renewable
39	39	energy generation facilities is placed under the authority and
40	40	direction of the commission.
41	41	Sec. 35.203. PERMIT REQUIRED; APPLICATION. (a) A person
42	42	may not operate a renewable energy generation facility in this
43	43	state unless the person holds a permit issued by the commission
44	44	under this subchapter. A person may not construct a renewable
45	45	energy generation facility in this state unless:
46	46	(1) the person holds a permit to operate a renewable
47	47	energy generation facility issued by the commission under this
48	48	subchapter; or
49	49	(2) the commission by order approves the construction.
50	50	(b) A person may apply for a permit to operate a renewable
51	51	energy generation facility by filing with the commission:
52	52	(1) a description of the location of the facility;
53	53	(2) a description of the type of facility;
54	54	(3) a copy of any information filed with the Federal
55	55	Energy Regulatory Commission in connection with registration with
56	56	that commission;
57	57	(4) any assumed business or professional name of the
58	58	applicant filed under Chapter 71, Business & Commerce Code;
59	59	(5) an environmental impact statement produced by the
60	60	Parks and Wildlife Department under Section 11.006, Parks and
61	61	Wildlife Code;
62	62	(6) any wind power facility agreement or solar power
63	63	facility agreement applicable to the facility entered into under
64	64	Chapter 301 or 302 by the applicant;
65	65	(7) the address of an Internet website that provides
66	66	information about the proposed facility;
67	67	(8) an affidavit that lists the names and addresses of
68	68	the persons who may be affected by the application and includes the
69	69	source of the list; and
70	70	(9) any other information required by commission rule,
71	71	provided the commission protects the competitive process in a
72	72	manner that ensures the confidentiality of competitively sensitive
73	73	information.
74	74	Sec. 35.204. NOTICE AND HEARING ON APPLICATION. (a) When
75	75	an application for a permit is filed under Section 35.203, or when
76	76	an application for a permit amendment is filed, the commission
77	77	shall:
78	78	(1) give notice of the application to affected
79	79	parties, including any owner of property located within 25 miles of
80	80	the boundary of the facility; and
81	81	(2) if requested:
82	82	(A) set a time and place for a hearing; and
83	83	(B) give notice of the hearing to affected
84	84	parties, including any owner of property located within 25 miles of
85	85	the boundary of the facility.
86	86	(b) For any application involving a generation capacity of
87	87	15 megawatts or more, the notice must be given to the county judge
88	88	of each county located within 25 miles of the boundary of the
89	89	facility who has requested in writing that the commission give that
90	90	notice.
91	91	(c) The commission may not act on an application before the
92	92	30th day after the date the commission gives notice of the
93	93	application under Subsections (a) and (b), as applicable,
94	94	regardless of whether a hearing is requested.
95	95	(d) Notwithstanding any other provision of this subchapter,
96	96	the commission may approve an application to amend a permit without
97	97	holding a hearing if:
98	98	(1) the applicant is not applying to:
99	99	(A) significantly increase the amount of
100	100	electricity generated under the permit; or
101	101	(B) materially change the placement of the
102	102	renewable energy generation facility;
103	103	(2) the commission determines that the applicant's
104	104	compliance history raises no issues regarding the applicant's
105	105	ability to comply with a material term of the permit; and
106	106	(3) the commission:
107	107	(A) gives notice of the application to the county
108	108	judge of each county and the governing body of each municipality in
109	109	which the facility is located at least 30 days before the date of
110	110	the commission's approval of the application; and
111	111	(B) allows the county judges and governing bodies
112	112	to present information to the commission on the application.
113	113	Sec. 35.205. APPROVAL OR DENIAL OF APPLICATION. (a) The
114	114	commission may approve an application only if the commission finds
115	115	that issuance or amendment of the permit would not violate state or
116	116	federal law or rule and would not interfere with the purpose of this
117	117	subchapter.
118	118	(b) In considering an application for the issuance or
119	119	amendment of a permit, the commission shall consider the compliance
120	120	history of the applicant.
121	121	(c) A permit holder does not have a vested right in a permit.
122	122	Sec. 35.206. CONDITIONS OF PERMIT. (a) For each permit,
123	123	the commission shall prescribe the conditions under which it is
124	124	issued, including:
125	125	(1) the boundary of the permitted facility location;
126	126	(2) the maximum number of renewable energy generation
127	127	facilities authorized by the permit; and
128	128	(3) any monitoring and reporting requirements
129	129	prescribed by the commission for the permit holder.
130	130	(b) The commission, on its own motion after reasonable
131	131	notice and hearing, may require a permit holder to conform to new or
132	132	additional conditions to comply with this subchapter or rules
133	133	adopted under this subchapter.
134	134	(c) A permit holder shall:
135	135	(1) ensure that the permitted facility is located at
136	136	least:
137	137	(A) 500 feet from any property line, unless the
138	138	permit holder has obtained a written waiver from each owner of
139	139	property located less than 500 feet from the permitted facility;
140	140	and
141	141	(B) 1,000 feet from any habitable structure,
142	142	unless the permit holder has obtained a written waiver from each
143	143	owner of the habitable structure;
144	144	(2) provide a publicly accessible Internet website
145	145	that displays:
146	146	(A) a map of the boundaries of the permitted
147	147	facility;
148	148	(B) any interconnection request numbers assigned
149	149	to the permitted facility;
150	150	(C) the name of the owner of the permitted
151	151	facility; and
152	152	(D) any other information the commission
153	153	requires; and
154	154	(3) post at each entrance to the permitted facility a
155	155	sign that:
156	156	(A) includes:
157	157	(i) the name of the facility;
158	158	(ii) the name of the owner of the facility;
159	159	(iii) the name, business address, and
160	160	telephone number of the operator of the facility;
161	161	(iv) a general description of the property
162	162	on which the facility is located, including the boundaries of the
163	163	property; and
164	164	(v) emergency contact information for the
165	165	facility;
166	166	(B) uses contrasting colors with block letters at
167	167	least one inch in height; and
168	168	(C) is displayed in a conspicuous manner clearly
169	169	visible to the public.
170	170	Sec. 35.207. MONITORING AND REPORTING. The commission by
171	171	rule may, in coordination with the Parks and Wildlife Department,
172	172	require a permit holder to:
173	173	(1) monitor, record, and report on environmental
174	174	impacts created by the permitted facility;
175	175	(2) conduct wildlife assessments around the permitted
176	176	facility; and
177	177	(3) provide to the commission other information about
178	178	the operation of the permitted facility.
179	179	Sec. 35.208. FACILITY REMOVAL BY COMMISSION. (a) The
180	180	commission may determine after reasonable notice and hearing that a
181	181	permit holder has not removed a renewable energy generation
182	182	facility according to the requirements of an applicable wind power
183	183	facility agreement or solar power facility agreement entered into
184	184	under Chapter 301 or 302 and that the permit holder has not
185	185	delivered financial assurance required under Chapter 301 or 302, as
186	186	applicable. After making the determination, the commission may:
187	187	(1) order the permit holder to comply with the wind
188	188	power facility agreement or solar power facility agreement; or
189	189	(2) fulfill the requirements of the wind power
190	190	facility agreement or solar power facility agreement if the permit
191	191	holder cannot be found or does not have assets with which to comply
192	192	with the wind power facility agreement or solar power facility
193	193	agreement.
194	194	(b) The commission or its employees or agents, on proper
195	195	identification, may enter the land of another for the purpose of
196	196	implementing Subsection (a)(2).
197	197	(c) The commission's removal of a renewable energy
198	198	generation facility under this section does not prevent the
199	199	commission from seeking penalties or other relief provided by law
200	200	from the permit holder.
201	201	(d) The commission and its employees and agents are not
202	202	liable for any damages arising from an act or omission if the act or
203	203	omission is part of a good-faith effort to carry out this section.
204	204	(e) If the commission removes a renewable energy generation
205	205	facility under this section, the commission may recover from the
206	206	permit holder all costs the commission incurs. The commission by
207	207	order may require the permit holder to reimburse the commission for
208	208	those costs or may request the attorney general to file suit against
209	209	the permit holder to recover those costs. At the request of the
210	210	commission, the attorney general may file suit to enforce an order
211	211	the commission issues under this subsection. A suit under this
212	212	subsection may be filed in Travis County. Costs recovered under
213	213	this subsection shall be deposited to the renewable energy
214	214	generation facility cleanup fund.
215	215	Sec. 35.209. RENEWABLE ENERGY GENERATION FACILITY CLEANUP
216	216	FUND. (a) The renewable energy generation facility cleanup fund is
217	217	a dedicated account in the general revenue fund.
218	218	(b) The fund consists of:
219	219	(1) environmental impact fees collected under Section
220	220	35.210;
221	221	(2) private contributions; and
222	222	(3) legislative appropriations.
223	223	(c) Money in the fund may be used only by the commission to
224	224	implement this subchapter.
225	225	Sec. 35.210. ENVIRONMENTAL IMPACT FEE. (a) An annual
226	226	environmental impact fee is imposed on each permit holder.
227	227	(b) Except as provided by Subsection (c), environmental
228	228	impact fees must be deposited in the renewable energy generation
229	229	facility cleanup fund.
230	230	(c) The commission shall designate 20 percent of the revenue
231	231	collected from environmental impact fees to be deposited in the
232	232	renewable energy generation facility cleanup fund and used only for
233	233	the removal of renewable energy generation facilities under Section
234	234	35.208. If the commission determines that the renewable energy
235	235	generation facility cleanup fund has a sufficient amount of money
236	236	to fund removal of renewable energy generation facilities under
237	237	Section 35.208, the commission may instead deposit 20 percent of
238	238	the revenue from environmental impact fees in the county and road
239	239	district highway fund.
240	240	(d) The fee for each year is imposed on each permit in effect
241	241	during any part of the year. The commission may establish reduced
242	242	fees for inactive permits.
243	243	(e) The commission by rule shall adopt a fee schedule for
244	244	determining the amount of the fee to be charged. In determining the
245	245	fee amount under this section, the commission may consider:
246	246	(1) the efficiency of the renewable energy generation
247	247	facility;
248	248	(2) the area and size of the renewable energy
249	249	generation facility;
250	250	(3) the renewable energy generation facility's
251	251	environmental impact score provided under Section 11.006, Parks and
252	252	Wildlife Code; and
253	253	(4) expenses necessary to implement this subchapter.
254	254	Sec. 35.211. FEDERAL FUNDS. The commission may execute
255	255	agreements with the United States Environmental Protection Agency
256	256	or any other federal agency that administers programs providing
257	257	federal cooperation, assistance, grants, or loans for research,
258	258	development, investigation, training, planning, studies,
259	259	programming, or construction related to methods, procedures,
260	260	mitigation, and facilities for the removal of renewable energy
261	261	generation facilities. The commission may accept federal funds for
262	262	these purposes and for other purposes consistent with the
263	263	objectives of this subchapter and may use the funds as prescribed by
264	264	law or as provided by agreement.
265	265	Sec. 35.212. POWER TO REGULATE AND SUPERVISE. (a) For
266	266	purposes of this subchapter, a provision of Subchapter B or E,
267	267	Chapter 14, that authorizes the commission to regulate a public
268	268	utility also applies to a person required to obtain a permit under
269	269	this subchapter, including an electric cooperative and a
270	270	municipally owned utility.
271	271	(b) The commission may adopt and enforce rules reasonably
272	272	required in the exercise of its powers under this subchapter.
273	273	Sec. 35.213. ENFORCEMENT AND PENALTIES. For the purposes
274	274	of enforcing this subchapter, a reference in Chapter 15 to a person
275	275	includes any person required to obtain a permit under this
276	276	subchapter, including an electric cooperative and a municipally
277	277	owned utility.
278	278	SECTION 2. Subchapter A, Chapter 11, Parks and Wildlife
279	279	Code, is amended by adding Section 11.006 to read as follows:
280	280	Sec. 11.006. ENVIRONMENTAL IMPACT STATEMENTS FOR RENEWABLE
281	281	ENERGY GENERATION FACILITIES. The commission by rule shall adopt a
282	282	system for providing an environmental impact statement to an
283	283	applicant for a renewable energy generation facility permit under
284	284	Section 35.203, Utilities Code. The system must establish:
285	285	(1) a process for a person to apply for and receive
286	286	from the department an environmental impact statement;
287	287	(2) criteria for the department to evaluate the
288	288	environmental impact of a proposed renewable energy generation
289	289	facility, including:
290	290	(A) conservation of natural resources;
291	291	(B) continuous use of the land on which a
292	292	facility is located for agricultural and wildlife purposes; and
293	293	(C) in coordination with the Texas A&M AgriLife
294	294	Extension Service, agricultural best practices;
295	295	(3) a method for the department to provide an
296	296	environmental impact score for a renewable energy generation
297	297	facility, based on the criteria described by Subdivision (2);
298	298	(4) fees for providing the environmental impact
299	299	statements, in an amount sufficient to cover the department's costs
300	300	of implementing this section; and
301	301	(5) guidelines for the department's use of any map
302	302	applications necessary for the implementation of this section.
303	303	SECTION 3. (a) Except as otherwise provided by rules
304	304	adopted by the Public Utility Commission of Texas under Subsection
305	305	(b) of this section, Subchapter F, Chapter 35, Utilities Code, as
306	306	added by this Act, applies to all renewable energy generation
307	307	facilities in this state, including:
308	308	(1) renewable energy generation facilities that:
309	309	(A) generate renewable energy before the
310	310	effective date of this Act; or
311	311	(B) are interconnected to a transmission
312	312	facility before the effective date of this Act; and
313	313	(2) renewable energy generation facilities the
314	314	construction of which began before the effective date of this Act.
315	315	(b) The Public Utility Commission of Texas by rule shall
316	316	authorize a person who operates or constructs a facility described
317	317	by Subsection (a)(1) or (2) of this section to continue to operate
318	318	or construct the facility after the effective date of this Act while
319	319	the person applies for a permit for the facility as required under
320	320	Subchapter F, Chapter 35, Utilities Code, as added by this Act. The
321	321	rules may require a person who operates or constructs a facility
322	322	described by Subsection (a)(1) or (2) of this section to apply for a
323	323	permit for the facility as required under Subchapter F, Chapter 35,
324	324	Utilities Code, as added by this Act, by a certain date.
325	325	SECTION 4. This Act takes effect September 1, 2025.