Texas 2025 - 89th Regular

Texas House Bill HB5576 Compare Versions

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1	1		By: Darby H.B. No. 5576
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to certain best management practices and to certain
7	9		requirements for the design, construction, and operation of certain
8	10		wind and solar power facilities in this state.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Title 6, Utilities Code, is amended by adding
11	13		Chapter 303 to read as follows:
12	14		CHAPTER 303. BEST MANAGEMENT PRACTICES FOR CERTAIN WIND AND SOLAR
13	15		POWER FACILITIES
14	16		SUBCHAPTER A. GENERAL PROVISIONS
15	17		Sec. 303.001. APPLICABILITY. (a) This chapter applies
16	18		only to a utility-scale wind or solar power facility located in this
17	19		state that is not developed or operated by an electric utility as
18	20		defined by Section 31.002.
19	21		(b) This chapter applies to a battery energy storage
20	22		facility only if it is co-located with a utility-scale wind or solar
21	23		power facility located in this state.
22	24		Sec. 303.002. PURPOSE. (a) This chapter encourages
23	25		responsible practices by developers of utility-scale wind and solar
24	26		power facilities for the design, construction, and operation of
25	27		those facilities that appropriately balance the need for abundant,
26	28		affordable, domestic electricity in this state, as part of a
27	29		diverse portfolio of resources, with the need to conserve sensitive
28	30		habitat, working lands, and wildlife; avoid undue impacts on
29	31		neighboring landowners; and protect the rights of private
30	32		landowners to responsibly develop their own property. The
31	33		legislature recognizes that delegating subjective decision-making
32	34		authority to a governmental entity or any other bureaucratic entity
33	35		would substitute the judgment of government officials for that of
34	36		private landowners as to the highest and best use of their private
35	37		property. Such an approach is inconsistent with principles of
36	38		limited government and the manner in which the development of other
37	39		energy resources is regulated in this state.
38	40		(b) The legislature finds that establishing, in this
39	41		chapter, clear responsibilities for developers of utility-scale
40	42		wind and solar power facilities will ensure responsible development
41	43		and reduce undue impacts on neighboring landowners, communities,
42	44		and associated wildlife habitats and populations.
43	45		(c) The legislature finds that development practices for
44	46		stand-alone battery energy storage facilities that are not
45	47		co-located with a utility-scale wind or solar power facility
46	48		present considerations that are entirely different from those
47	49		presented by a utility-scale wind or solar power facility, and
48	50		that, accordingly, best practices for development of stand-alone
49	51		battery energy storage projects, if addressed by law, should be
50	52		separately addressed.
51	53		(d) This chapter:
52	54		(1) ensures that appropriate project best management
53	55		practices are considered when designing, constructing, and
54	56		operating utility-scale wind or solar power facilities; and
55	57		(2) provides appropriate practices to reduce
56	58		potential impacts on adjoining landowners while protecting the
57	59		rights of private landowners to develop their property in the
58	60		manner that they consider appropriate.
59	61		Sec. 303.003. DEFINITIONS. In this chapter:
60	62		(1) "Developer" means a person or entity that
61	63		possesses the legal right to develop, construct, or operate a
62	64		utility-scale wind or solar power facility.
63	65		(2) "Disturbance zone" includes:
64	66		(A) the area within the site of a utility-scale
65	67		solar power facility or a utility-scale wind power facility that is
66	68		directly impacted by construction or operation of the facility; and
67	69		(B) the area within the project site within 50
68	70		feet of the boundary of the directly impacted area described by
69	71		Paragraph (A).
70	72		(3) "Electric Reliability Council of Texas" means the
71	73		independent organization certified under Section 39.151 for the
72	74		ERCOT power region.
73	75		(4) "ERCOT power region" means the area in Texas
74	76		served by electric utilities as defined by Section 31.002,
75	77		municipally owned utilities as defined by Section 11.003, and
76	78		electric cooperatives as defined by Section 11.003 that is not
77	79		synchronously interconnected with electric utilities outside this
78	80		state.
79	81		(5) "Intact native prairie" means grassland dominated
80	82		by native prairie vegetation with a diversity of forbs that has
81	83		never been plowed or significantly disturbed, with few or no trees.
82	84		(6) "Sensitive areas" include:
83	85		(A) jurisdictional waters of the United States
84	86		under Section 404 of the Clean Water Act (33 U.S.C. 1344) or Section
85	87		10 of the Rivers and Harbors Act (33 U.S.C. 403);
86	88		(B) areas occupied by rare, threatened, or
87	89		endangered species, and critical habitats for those species;
88	90		(C) intact native prairie; and
89	91		(D) areas with cultural, historic, or
90	92		archaeological significance.
91	93		(7) "Solar power facility" means a site that includes
92	94		solar energy devices used to generate electricity and the onsite
93	95		roads and equipment used to construct, operate and support the
94	96		facility's solar energy devices.
95	97		(8) "Transmission service provider" means an electric
96	98		utility as defined by Section 31.002, a municipally owned utility
97	99		as defined by Section 11.003, or an electric cooperative as defined
98	100		by Section 11.003 that owns or operates facilities used for the
99	101		transmission of electricity.
100	102		(9) "Utility-scale wind or solar power facility" means
101	103		a solar power facility or wind power facility that is
102	104		interconnected to a transmission service provider's system at or
103	105		above 60 kilovolts (kV) and is located behind one or more unique
104	106		points of interconnection.
105	107		(10) "Wind power facility" means a site that includes
106	108		wind turbine generators used to generate electricity and the onsite
107	109		roads and equipment used to construct, operate and support the
108	110		facility's wind turbine generators.
109	111		Sec. 303.004. PERMIT NOT REQUIRED. It is the policy of this
110	112		state that no state or local entity or grid operator shall be
111	113		allowed to require a permit to:
112	114		(1) construct or operate a utility-scale wind or solar
113	115		power facility; or
114	116		(2) interconnect a utility-scale wind or solar power
115	117		facility with a transmission service provider.
116	118		SUBCHAPTER B. COMMUNITY AND GOOD NEIGHBOR BEST PRACTICES
117	119		Sec. 303.051. PURPOSE OF BEST MANAGEMENT PRACTICES UNDER
118	120		THIS SUBCHAPTER. This subchapter is designed to inform nearby
119	121		landowners and communities about a proposed utility-scale wind or
120	122		solar power facility and minimize the project's impact on adjoining
121	123		landowners.
122	124		Sec. 303.052. DISCLOSURE OF CERTAIN INFORMATION. This
123	125		subchapter does not require the disclosure of:
124	126		(1) proprietary or otherwise sensitive business
125	127		information;
126	128		(2) information protected from disclosure under other
127	129		state or federal law or regulation; or
128	130		(3) specific engineering, vulnerability, or detailed
129	131		design information about proposed or existing critical
130	132		infrastructure, whether physical or virtual, that:
131	133		(A) relates details about the production,
132	134		generation, transmission, or distribution of energy;
133	135		(B) could be useful to a person planning an
134	136		attack on critical infrastructure; or
135	137		(C) gives strategic information beyond the
136	138		location of the critical infrastructure.
137	139		Sec. 303.053. PROJECT WEBSITE. The developer of a
138	140		utility-scale wind or solar power facility must maintain a project
139	141		website available to the public and published not later than 30 days
140	142		after execution of a signed interconnection agreement. The website
141	143		must include, as available:
142	144		(1) the name of the facility;
143	145		(2) the developer for the facility;
144	146		(3) technologies operating at the site of the facility
145	147		as defined in the interconnection agreement;
146	148		(4) expected installed capacity of the facility,
147	149		expressed in megawatts, and contextual information including how
148	150		many homes can be powered by the energy that the facility is
149	151		expected to generate;
150	152		(5) the cities, unincorporated areas, and counties in
151	153		which the utility-scale solar or wind power facility is located;
152	154		(6) the estimated project timeline;
153	155		(7) projected community benefits of the construction
154	156		and operation of the facility; and
155	157		(8) business contact information for relevant members
156	158		of the project team in charge of matters including project
157	159		development and community engagement.
158	160		Sec. 303.054. REQUIRED SIGNAGE. The developer of a
159	161		utility-scale wind or solar power facility shall post signs at
160	162		designated entry and exit points of the facility that can be easily
161	163		read from outside the facility that include the name of the
162	164		facility, the name of the developer, and an emergency contact
163	165		number. The signs must be posted before construction and
164	166		maintained for the duration of the operation of the facility.
165	167		Sec. 303.055. LIGHTING REQUIREMENTS. To minimize the
166	168		impact of lights during construction and operations, utility-scale
167	169		wind and solar power facilities must implement the following
168	170		measures to the extent allowed by law:
169	171		(1) service and security lighting must be directed
170	172		downward and shielded;
171	173		(2) service lighting must be manual and used only as
172	174		needed to conduct nighttime repairs;
173	175		(3) security lighting must be motion-activated unless
174	176		otherwise required for physical security of the facility as
175	177		required under federal or state law or regulation or applicable
176	178		national standards; and
177	179		(4) all service and security lighting shall be located
178	180		to avoid known nesting sites of federal or state-listed threatened
179	181		or endangered bird species identified during the on-site
180	182		reconnaissance survey.
181	183		Sec. 303.056. WIND TURBINE LIGHT POLLUTION MITIGATION. (a)
182	184		This section applies only to a utility-scale wind power facility
183	185		that:
184	186		(1) is required by the Federal Aviation Administration
185	187		to use aviation obstruction lighting; and
186	188		(2) sells at wholesale electric energy produced by a
187	189		wind turbine generator.
188	190		(b) The Public Utility Commission of Texas by rule shall
189	191		require the developer to apply to the Federal Aviation
190	192		Administration, or another applicable federal entity, for
191	193		authorization to install and operate technology to mitigate light
192	194		pollution from the wind turbine generator using a light mitigation
193	195		technology system.
194	196		(c) The rules adopted under Subsection (b) must require a
195	197		developer that:
196	198		(1) installs a wind turbine generator on or after
197	199		December 31, 2026, to:
198	200		(A) submit an application for approval of light
199	201		mitigation technology to the Federal Aviation Administration or
200	202		other applicable federal entity not later than 180 days before the
201	203		commercial operations date for the wind turbine generator;
202	204		(B) install light mitigation technology on all
203	205		wind turbine generators not later than 18 months after receiving
204	206		approval of the technology from the Federal Aviation Administration
205	207		or other applicable federal entity, unless:
206	208		(i) the governing body of the city or county
207	209		in which the utility-scale wind power facility is or will be located
208	210		has adopted a formal resolution opposing the installation of a
209	211		light mitigation technology system; or
210	212		(ii) the Federal Aviation Administration,
211	213		the United States Department of Defense, or other applicable
212	214		federal entity approves the use of light mitigation technology for
213	215		thirty percent or less of the proposed wind turbines within a
214	216		utility-scale wind power generation facility; and
215	217		(C) if installation of the light mitigation
216	218		technology is delayed due to forces outside of the control of the
217	219		developer, make a quarterly report to the Public Utility Commission
218	220		of Texas detailing the reasons for the delay; and
219	221		(2) installs a wind turbine generator before December
220	222		31, 2026, to:
221	223		(A) on repowering, or not later than the 180th
222	224		day after the execution of a newly signed long-term power purchase
223	225		agreement with a term of 10 years or more, submit an application for
224	226		approval of light mitigation technology to the Federal Aviation
225	227		Administration or other applicable federal entity;
226	228		(B) install light mitigation technology on all
227	229		wind turbine generators to which this subdivision applies not later
228	230		than 18 months after receiving approval of the technology from the
229	231		Federal Aviation Administration or other applicable federal
230	232		entity, unless:
231	233		(i) the governing body of the city or county
232	234		in which the utility-scale wind power facility is or will be located
233	235		has adopted a formal resolution opposing the installation of a
234	236		light mitigation technology system; or
235	237		(ii) the Federal Aviation Administration,
236	238		the United States Department of Defense, or other applicable
237	239		federal entity approves the use of light mitigation technology for
238	240		thirty percent or less of the proposed wind turbines within a
239	241		utility-scale wind power generation facility; and
240	242		(C) if installation of the light mitigation
241	243		technology is delayed due to forces outside of the control of the
242	244		developer, make a quarterly report to the Public Utility Commission
243	245		of Texas detailing the reasons for the delay.
244	246		(d) Subsection (c)(2) applies only to a wind turbine
245	247		generator with a commercial operations date that occurred after
246	248		December 31, 2008.
247	249		(e) The Public Utility Commission of Texas may assess an
248	250		administrative penalty against a developer that violates this
249	251		section for reasons that were within its control. The total amount
250	252		of the administrative penalty assessed for the violation, including
251	253		a violation that continues or occurs on separate days, may not
252	254		exceed $1 million.
253	255		SUBCHAPTER C. FOUNDATIONAL BEST MANAGEMENT PRACTICES
254	256		Sec. 303.101. REQUIRED PROVISION IN FACILITY CONSTRUCTION
255	257		CONTRACTS. (a) A contract for the construction of a utility-scale
256	258		wind or solar power facility must require the contractor and any
257	259		subcontractors to follow any applicable:
258	260		(1) requirements of this subchapter; and
259	261		(2) best management practices identified in this
260	262		subchapter in the manner specified by this subchapter.
261	263		(b) A provision of a utility-scale wind or solar power
262	264		facility construction contract that exempts a contractor or
263	265		subcontractor from a duty established by this chapter is void.
264	266		Sec. 303.102. BEST DESIGN PRACTICES. (a) The overall
265	267		design, construction and operation of a utility-scale wind or solar
266	268		power facility should seek to efficiently achieve the facility's
267	269		intended capacity and safe operation while minimizing the impact of
268	270		the facility on land and avoiding or minimizing the impact of the
269	271		facility on natural resources.
270	272		(b) Developers should attempt to:
271	273		(1) use existing trails and roads, provided they are
272	274		suitable for construction operations;
273	275		(2) avoid unnecessary access roads; and
274	276		(3) avoid unnecessary staging areas.
275	277		(c) Developers should avoid developing utility-scale solar
276	278		power facilities on slopes with a grade of fifteen percent or more,
277	279		where possible, and additional stormwater management features
278	280		should be in place for steeper grades.
279	281		(d) The utility-scale wind or solar power facility siting
280	282		process should avoid or minimize:
281	283		(1) impacts to wetlands, streams and watercourses;
282	284		(2) the removal of native mature trees that have not
283	285		been planted for harvest; and
284	286		(3) impact to intact native prairie.
285	287		Sec. 303.103. BEST PRACTICES BEFORE CONSTRUCTION: SOLAR
286	288		POWER FACILITY. (a) Before starting construction of a
287	289		utility-scale solar power facility, the developer must develop a
288	290		vegetation and soil management plan. The plan must describe short
289	291		and long-term vegetation and soil management practices to maintain
290	292		native, naturalized, or non-invasive perennial vegetation.
291	293		(b) The project plan must show where suitable features have
292	294		been identified and designated for the appropriate maintenance
293	295		regimes. Project plans must clearly delineate sensitive areas, if
294	296		present, and project boundaries and direct contractors and
295	297		subcontractors to avoid encroaching outside of areas of temporary
296	298		disturbance during construction.
297	299		(c) The project plan must also include the following
298	300		sections:
299	301		(1) an inventory of current land use, existing
300	302		vegetation types and soils;
301	303		(2) goals and objectives;
302	304		(3) conservation practices;
303	305		(4) site-specific planning; and
304	306		(5) implementation and maintenance.
305	307		(d) Before starting construction, the developer must ensure
306	308		that topsoil is clearly delineated in the disturbance zone on the
307	309		project site.
308	310		SUBCHAPTER D. ATTESTATION OF COMPLIANCE
309	311		Sec. 303.151. REQUIRED ATTESTATION. (a) Prior to
310	312		interconnecting, an authorized representative of the developer of a
311	313		utility-scale wind or solar facility shall file as specified in
312	314		this section a signed attestation that:
313	315		(1) the developer has complied with all applicable
314	316		requirements of this chapter in the construction of the facility;
315	317		and
316	318		(2) all federal or state environmental permits
317	319		required for the construction and operation of the facility have
318	320		been applied for or received by the developer.
319	321		(b) The attestation must meet the requirements of this
320	322		subchapter and be signed by a representative of the facility
321	323		authorized to bind the developer.
322	324		(c) The attestation must include the following required
323	325		information:
324	326		(1) the name of the facility and project legal entity;
325	327		(2) the name and contact information for the
326	328		developer, including address, email, and phone number;
327	329		(3) the facility's street address or another
328	330		description of the facility location that can easily be determined
329	331		on a map, the location of the project by latitude and longitude, and
330	332		the city or county in which the facility is located;
331	333		(4) a link to the project website required under
332	334		Section 303.103; and
333	335		(5) a brief description of the facility.
334	336		(d) The developer of the facility shall submit the
335	337		attestation to:
336	338		(1) the Electric Reliability Council of Texas, if the
337	339		facility is located in the ERCOT power region; or
338	340		(2) the Public Utility Commission of Texas, if the
339	341		facility is not located in the ERCOT power region.
340	342		(e) The requirements of this subchapter apply:
341	343		(1) to a utility-scale wind or solar power facility
342	344		located in the ERCOT power region that enters into a Standard
343	345		Generation Interconnection Agreement with a transmission service
344	346		provider on or after January 1, 2028; and
345	347		(2) to a utility-scale wind or solar power facility
346	348		that is not required to enter into a Standard Generation
347	349		Interconnection Agreement with a transmission service provider
348	350		before beginning commercial operations that begins commercial
349	351		operations on or after January 1, 2031.
350	352		(f) The requirements of this subchapter do not apply solely
351	353		because a Standard Generation Interconnection Agreement for an
352	354		existing facility is amended.
353	355		SECTION 2. (a) An interim study committee is established
354	356		consisting of an academic expert with expertise that includes
355	357		locating utility-scale wind and solar power facilities, appointed
356	358		by the governor, and the chairs of the House Committee on Culture,
357	359		Recreation, and Tourism, the House Committee on State Affairs, the
358	360		Senate Committee on Natural Resources, and the Senate Committee on
359	361		Business and Commerce.
360	362		(b) Not later than December 15, 2026, the interim study
361	363		committee shall make written recommendations to the legislature
362	364		regarding an appropriate distance from a state or national park or
363	365		federally designated wild or scenic river at which a proposed
364	366		utility-scale wind or solar power facility that the developer of
365	367		the facility should be required to consult with the Parks and
366	368		Wildlife Department regarding voluntary measures the developer
367	369		should consider to minimize the proposed facility's impact on those
368	370		areas without unduly impeding the development of this state's
369	371		energy resources or restricting the private property rights of
370	372		landowners in this state.
371	373		SECTION 3. This Act takes effect September 1, 2025.