By: Darby H.B. No. 5576
A BILL TO BE ENTITLED
AN ACT
relating to certain best management practices and to certain
requirements for the design, construction, and operation of certain
wind and solar power facilities in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Utilities Code, is amended by adding
Chapter 303 to read as follows:
CHAPTER 303. BEST MANAGEMENT PRACTICES FOR CERTAIN WIND AND SOLAR
POWER FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 303.001. APPLICABILITY. (a) This chapter applies
only to a utility-scale wind or solar power facility located in this
state that is not developed or operated by an electric utility as
defined by Section 31.002.
(b) This chapter applies to a battery energy storage
facility only if it is co-located with a utility-scale wind or solar
power facility located in this state.
Sec. 303.002. PURPOSE. (a) This chapter encourages
responsible practices by developers of utility-scale wind and solar
power facilities for the design, construction, and operation of
those facilities that appropriately balance the need for abundant,
affordable, domestic electricity in this state, as part of a
diverse portfolio of resources, with the need to conserve sensitive
habitat, working lands, and wildlife; avoid undue impacts on
neighboring landowners; and protect the rights of private
landowners to responsibly develop their own property. The
legislature recognizes that delegating subjective decision-making
authority to a governmental entity or any other bureaucratic entity
would substitute the judgment of government officials for that of
private landowners as to the highest and best use of their private
property. Such an approach is inconsistent with principles of
limited government and the manner in which the development of other
energy resources is regulated in this state.
(b) The legislature finds that establishing, in this
chapter, clear responsibilities for developers of utility-scale
wind and solar power facilities will ensure responsible development
and reduce undue impacts on neighboring landowners, communities,
and associated wildlife habitats and populations.
(c) The legislature finds that development practices for
stand-alone battery energy storage facilities that are not
co-located with a utility-scale wind or solar power facility
present considerations that are entirely different from those
presented by a utility-scale wind or solar power facility, and
that, accordingly, best practices for development of stand-alone
battery energy storage projects, if addressed by law, should be
separately addressed.
(d) This chapter:
(1) ensures that appropriate project best management
practices are considered when designing, constructing, and
operating utility-scale wind or solar power facilities; and
(2) provides appropriate practices to reduce
potential impacts on adjoining landowners while protecting the
rights of private landowners to develop their property in the
manner that they consider appropriate.
Sec. 303.003. DEFINITIONS. In this chapter:
(1) "Developer" means a person or entity that
possesses the legal right to develop, construct, or operate a
utility-scale wind or solar power facility.
(2) "Disturbance zone" includes:
(A) the area within the site of a utility-scale
solar power facility or a utility-scale wind power facility that is
directly impacted by construction or operation of the facility; and
(B) the area within the project site within 50
feet of the boundary of the directly impacted area described by
Paragraph (A).
(3) "Electric Reliability Council of Texas" means the
independent organization certified under Section 39.151 for the
ERCOT power region.
(4) "ERCOT power region" means the area in Texas
served by electric utilities as defined by Section 31.002,
municipally owned utilities as defined by Section 11.003, and
electric cooperatives as defined by Section 11.003 that is not
synchronously interconnected with electric utilities outside this
state.
(5) "Intact native prairie" means grassland dominated
by native prairie vegetation with a diversity of forbs that has
never been plowed or significantly disturbed, with few or no trees.
(6) "Sensitive areas" include:
(A) jurisdictional waters of the United States
under Section 404 of the Clean Water Act (33 U.S.C. 1344) or Section
10 of the Rivers and Harbors Act (33 U.S.C. 403);
(B) areas occupied by rare, threatened, or
endangered species, and critical habitats for those species;
(C) intact native prairie; and
(D) areas with cultural, historic, or
archaeological significance.
(7) "Solar power facility" means a site that includes
solar energy devices used to generate electricity and the onsite
roads and equipment used to construct, operate and support the
facility's solar energy devices.
(8) "Transmission service provider" means an electric
utility as defined by Section 31.002, a municipally owned utility
as defined by Section 11.003, or an electric cooperative as defined
by Section 11.003 that owns or operates facilities used for the
transmission of electricity.
(9) "Utility-scale wind or solar power facility" means
a solar power facility or wind power facility that is
interconnected to a transmission service provider's system at or
above 60 kilovolts (kV) and is located behind one or more unique
points of interconnection.
(10) "Wind power facility" means a site that includes
wind turbine generators used to generate electricity and the onsite
roads and equipment used to construct, operate and support the
facility's wind turbine generators.
Sec. 303.004. PERMIT NOT REQUIRED. It is the policy of this
state that no state or local entity or grid operator shall be
allowed to require a permit to:
(1) construct or operate a utility-scale wind or solar
power facility; or
(2) interconnect a utility-scale wind or solar power
facility with a transmission service provider.
SUBCHAPTER B. COMMUNITY AND GOOD NEIGHBOR BEST PRACTICES
Sec. 303.051. PURPOSE OF BEST MANAGEMENT PRACTICES UNDER
THIS SUBCHAPTER. This subchapter is designed to inform nearby
landowners and communities about a proposed utility-scale wind or
solar power facility and minimize the project's impact on adjoining
landowners.
Sec. 303.052. DISCLOSURE OF CERTAIN INFORMATION. This
subchapter does not require the disclosure of:
(1) proprietary or otherwise sensitive business
information;
(2) information protected from disclosure under other
state or federal law or regulation; or
(3) specific engineering, vulnerability, or detailed
design information about proposed or existing critical
infrastructure, whether physical or virtual, that:
(A) relates details about the production,
generation, transmission, or distribution of energy;
(B) could be useful to a person planning an
attack on critical infrastructure; or
(C) gives strategic information beyond the
location of the critical infrastructure.
Sec. 303.053. PROJECT WEBSITE. The developer of a
utility-scale wind or solar power facility must maintain a project
website available to the public and published not later than 30 days
after execution of a signed interconnection agreement. The website
must include, as available:
(1) the name of the facility;
(2) the developer for the facility;
(3) technologies operating at the site of the facility
as defined in the interconnection agreement;
(4) expected installed capacity of the facility,
expressed in megawatts, and contextual information including how
many homes can be powered by the energy that the facility is
expected to generate;
(5) the cities, unincorporated areas, and counties in
which the utility-scale solar or wind power facility is located;
(6) the estimated project timeline;
(7) projected community benefits of the construction
and operation of the facility; and
(8) business contact information for relevant members
of the project team in charge of matters including project
development and community engagement.
Sec. 303.054. REQUIRED SIGNAGE. The developer of a
utility-scale wind or solar power facility shall post signs at
designated entry and exit points of the facility that can be easily
read from outside the facility that include the name of the
facility, the name of the developer, and an emergency contact
number. The signs must be posted before construction and
maintained for the duration of the operation of the facility.
Sec. 303.055. LIGHTING REQUIREMENTS. To minimize the
impact of lights during construction and operations, utility-scale
wind and solar power facilities must implement the following
measures to the extent allowed by law:
(1) service and security lighting must be directed
downward and shielded;
(2) service lighting must be manual and used only as
needed to conduct nighttime repairs;
(3) security lighting must be motion-activated unless
otherwise required for physical security of the facility as
required under federal or state law or regulation or applicable
national standards; and
(4) all service and security lighting shall be located
to avoid known nesting sites of federal or state-listed threatened
or endangered bird species identified during the on-site
reconnaissance survey.
Sec. 303.056. WIND TURBINE LIGHT POLLUTION MITIGATION. (a)
This section applies only to a utility-scale wind power facility
that:
(1) is required by the Federal Aviation Administration
to use aviation obstruction lighting; and
(2) sells at wholesale electric energy produced by a
wind turbine generator.
(b) The Public Utility Commission of Texas by rule shall
require the developer to apply to the Federal Aviation
Administration, or another applicable federal entity, for
authorization to install and operate technology to mitigate light
pollution from the wind turbine generator using a light mitigation
technology system.
(c) The rules adopted under Subsection (b) must require a
developer that:
(1) installs a wind turbine generator on or after
December 31, 2026, to:
(A) submit an application for approval of light
mitigation technology to the Federal Aviation Administration or
other applicable federal entity not later than 180 days before the
commercial operations date for the wind turbine generator;
(B) install light mitigation technology on all
wind turbine generators not later than 18 months after receiving
approval of the technology from the Federal Aviation Administration
or other applicable federal entity, unless:
(i) the governing body of the city or county
in which the utility-scale wind power facility is or will be located
has adopted a formal resolution opposing the installation of a
light mitigation technology system; or
(ii) the Federal Aviation Administration,
the United States Department of Defense, or other applicable
federal entity approves the use of light mitigation technology for
thirty percent or less of the proposed wind turbines within a
utility-scale wind power generation facility; and
(C) if installation of the light mitigation
technology is delayed due to forces outside of the control of the
developer, make a quarterly report to the Public Utility Commission
of Texas detailing the reasons for the delay; and
(2) installs a wind turbine generator before December
31, 2026, to:
(A) on repowering, or not later than the 180th
day after the execution of a newly signed long-term power purchase
agreement with a term of 10 years or more, submit an application for
approval of light mitigation technology to the Federal Aviation
Administration or other applicable federal entity;
(B) install light mitigation technology on all
wind turbine generators to which this subdivision applies not later
than 18 months after receiving approval of the technology from the
Federal Aviation Administration or other applicable federal
entity, unless:
(i) the governing body of the city or county
in which the utility-scale wind power facility is or will be located
has adopted a formal resolution opposing the installation of a
light mitigation technology system; or
(ii) the Federal Aviation Administration,
the United States Department of Defense, or other applicable
federal entity approves the use of light mitigation technology for
thirty percent or less of the proposed wind turbines within a
utility-scale wind power generation facility; and
(C) if installation of the light mitigation
technology is delayed due to forces outside of the control of the
developer, make a quarterly report to the Public Utility Commission
of Texas detailing the reasons for the delay.
(d) Subsection (c)(2) applies only to a wind turbine
generator with a commercial operations date that occurred after
December 31, 2008.
(e) The Public Utility Commission of Texas may assess an
administrative penalty against a developer that violates this
section for reasons that were within its control. The total amount
of the administrative penalty assessed for the violation, including
a violation that continues or occurs on separate days, may not
exceed $1 million.
SUBCHAPTER C. FOUNDATIONAL BEST MANAGEMENT PRACTICES
Sec. 303.101. REQUIRED PROVISION IN FACILITY CONSTRUCTION
CONTRACTS. (a) A contract for the construction of a utility-scale
wind or solar power facility must require the contractor and any
subcontractors to follow any applicable:
(1) requirements of this subchapter; and
(2) best management practices identified in this
subchapter in the manner specified by this subchapter.
(b) A provision of a utility-scale wind or solar power
facility construction contract that exempts a contractor or
subcontractor from a duty established by this chapter is void.
Sec. 303.102. BEST DESIGN PRACTICES. (a) The overall
design, construction and operation of a utility-scale wind or solar
power facility should seek to efficiently achieve the facility's
intended capacity and safe operation while minimizing the impact of
the facility on land and avoiding or minimizing the impact of the
facility on natural resources.
(b) Developers should attempt to:
(1) use existing trails and roads, provided they are
suitable for construction operations;
(2) avoid unnecessary access roads; and
(3) avoid unnecessary staging areas.
(c) Developers should avoid developing utility-scale solar
power facilities on slopes with a grade of fifteen percent or more,
where possible, and additional stormwater management features
should be in place for steeper grades.
(d) The utility-scale wind or solar power facility siting
process should avoid or minimize:
(1) impacts to wetlands, streams and watercourses;
(2) the removal of native mature trees that have not
been planted for harvest; and
(3) impact to intact native prairie.
Sec. 303.103. BEST PRACTICES BEFORE CONSTRUCTION: SOLAR
POWER FACILITY. (a) Before starting construction of a
utility-scale solar power facility, the developer must develop a
vegetation and soil management plan. The plan must describe short
and long-term vegetation and soil management practices to maintain
native, naturalized, or non-invasive perennial vegetation.
(b) The project plan must show where suitable features have
been identified and designated for the appropriate maintenance
regimes. Project plans must clearly delineate sensitive areas, if
present, and project boundaries and direct contractors and
subcontractors to avoid encroaching outside of areas of temporary
disturbance during construction.
(c) The project plan must also include the following
sections:
(1) an inventory of current land use, existing
vegetation types and soils;
(2) goals and objectives;
(3) conservation practices;
(4) site-specific planning; and
(5) implementation and maintenance.
(d) Before starting construction, the developer must ensure
that topsoil is clearly delineated in the disturbance zone on the
project site.
SUBCHAPTER D. ATTESTATION OF COMPLIANCE
Sec. 303.151. REQUIRED ATTESTATION. (a) Prior to
interconnecting, an authorized representative of the developer of a
utility-scale wind or solar facility shall file as specified in
this section a signed attestation that:
(1) the developer has complied with all applicable
requirements of this chapter in the construction of the facility;
and
(2) all federal or state environmental permits
required for the construction and operation of the facility have
been applied for or received by the developer.
(b) The attestation must meet the requirements of this
subchapter and be signed by a representative of the facility
authorized to bind the developer.
(c) The attestation must include the following required
information:
(1) the name of the facility and project legal entity;
(2) the name and contact information for the
developer, including address, email, and phone number;
(3) the facility's street address or another
description of the facility location that can easily be determined
on a map, the location of the project by latitude and longitude, and
the city or county in which the facility is located;
(4) a link to the project website required under
Section 303.103; and
(5) a brief description of the facility.
(d) The developer of the facility shall submit the
attestation to:
(1) the Electric Reliability Council of Texas, if the
facility is located in the ERCOT power region; or
(2) the Public Utility Commission of Texas, if the
facility is not located in the ERCOT power region.
(e) The requirements of this subchapter apply:
(1) to a utility-scale wind or solar power facility
located in the ERCOT power region that enters into a Standard
Generation Interconnection Agreement with a transmission service
provider on or after January 1, 2028; and
(2) to a utility-scale wind or solar power facility
that is not required to enter into a Standard Generation
Interconnection Agreement with a transmission service provider
before beginning commercial operations that begins commercial
operations on or after January 1, 2031.
(f) The requirements of this subchapter do not apply solely
because a Standard Generation Interconnection Agreement for an
existing facility is amended.
SECTION 2. (a) An interim study committee is established
consisting of an academic expert with expertise that includes
locating utility-scale wind and solar power facilities, appointed
by the governor, and the chairs of the House Committee on Culture,
Recreation, and Tourism, the House Committee on State Affairs, the
Senate Committee on Natural Resources, and the Senate Committee on
Business and Commerce.
(b) Not later than December 15, 2026, the interim study
committee shall make written recommendations to the legislature
regarding an appropriate distance from a state or national park or
federally designated wild or scenic river at which a proposed
utility-scale wind or solar power facility that the developer of
the facility should be required to consult with the Parks and
Wildlife Department regarding voluntary measures the developer
should consider to minimize the proposed facility's impact on those
areas without unduly impeding the development of this state's
energy resources or restricting the private property rights of
landowners in this state.
SECTION 3. This Act takes effect September 1, 2025.