LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 7, 2025 TO: Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB819 by Kolkhorst (relating to renewable energy generation facilities; authorizing fees.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for SB819, Committee Report 1st House, Substituted: an impact of $0 through the biennium ending August 31, 2027. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. General Revenue-Related Funds, Five- Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact toGeneral Revenue Related Funds2026$02027$02028$02029$02030$0All Funds, Five-Year Impact: Fiscal Year Probable Revenue Gain/(Loss) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromGeneral Revenue Fund1 Change in Number of State Employees from FY 20232026$1,897,062($1,897,062)14.02027$1,897,062($1,897,062)14.02028$1,897,062($1,897,062)14.02029$1,897,062($1,897,062)14.02030$1,897,062($1,897,062)14.0 Fiscal AnalysisThis bill would amend Chapter 35 of the Utilities Code requiring operators of a wind or solar power facility to file an application for a determination of public interest with the Public Utility Commission of Texas (PUC). PUC may impose an application fee to cover costs associated with reviewing the applications.The bill would require an application to include the following: documentation of support from the governing body of a political subdivision in the area where the renewable energy generation facility is located; documentation demonstrating that the renewable energy generation facility will not have a negative effect on national security; an environmental impact analysis for the renewable energy generation facility; information related to a permit or other state authorization for the renewable energy generation facility issued by the Texas Commission on Environmental Quality or the Parks and Wildlife Department; and a fire mitigation plan.The bill would require the PUC to establish rules that require an applicant to provide notice of the application to the county judge of each county located within 25 miles of the boundary of the renewable energy generation facility; and publish for at least two consecutive publications in a newspaper of general circulation a notice in each county that includes a description of the type and location of the facility in which the renewable energy generation facility will be or is located.The bill would require the commission to approve or deny an application filed under Section 35.203 not later than the 180th day after the date the application is filed. If the commission does not approve or deny the application before the 181st day after the date the application is filed, the application is considered to be approved. An applicant may request a 30-day extension to amend the application if it is denied. The bill would take effect September 1, 2025.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 7, 2025
TO: Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB819 by Kolkhorst (relating to renewable energy generation facilities; authorizing fees.), Committee Report 1st House, Substituted
TO: Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB819 by Kolkhorst (relating to renewable energy generation facilities; authorizing fees.), Committee Report 1st House, Substituted
Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce
Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB819 by Kolkhorst (relating to renewable energy generation facilities; authorizing fees.), Committee Report 1st House, Substituted
SB819 by Kolkhorst (relating to renewable energy generation facilities; authorizing fees.), Committee Report 1st House, Substituted
Estimated Two-year Net Impact to General Revenue Related Funds for SB819, Committee Report 1st House, Substituted: an impact of $0 through the biennium ending August 31, 2027. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
Estimated Two-year Net Impact to General Revenue Related Funds for SB819, Committee Report 1st House, Substituted: an impact of $0 through the biennium ending August 31, 2027. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
General Revenue-Related Funds, Five- Year Impact:
2026 $0
2027 $0
2028 $0
2029 $0
2030 $0
All Funds, Five-Year Impact:
2026 $1,897,062 ($1,897,062) 14.0
2027 $1,897,062 ($1,897,062) 14.0
2028 $1,897,062 ($1,897,062) 14.0
2029 $1,897,062 ($1,897,062) 14.0
2030 $1,897,062 ($1,897,062) 14.0
Fiscal Analysis
This bill would amend Chapter 35 of the Utilities Code requiring operators of a wind or solar power facility to file an application for a determination of public interest with the Public Utility Commission of Texas (PUC). PUC may impose an application fee to cover costs associated with reviewing the applications.The bill would require an application to include the following: documentation of support from the governing body of a political subdivision in the area where the renewable energy generation facility is located; documentation demonstrating that the renewable energy generation facility will not have a negative effect on national security; an environmental impact analysis for the renewable energy generation facility; information related to a permit or other state authorization for the renewable energy generation facility issued by the Texas Commission on Environmental Quality or the Parks and Wildlife Department; and a fire mitigation plan.The bill would require the PUC to establish rules that require an applicant to provide notice of the application to the county judge of each county located within 25 miles of the boundary of the renewable energy generation facility; and publish for at least two consecutive publications in a newspaper of general circulation a notice in each county that includes a description of the type and location of the facility in which the renewable energy generation facility will be or is located.The bill would require the commission to approve or deny an application filed under Section 35.203 not later than the 180th day after the date the application is filed. If the commission does not approve or deny the application before the 181st day after the date the application is filed, the application is considered to be approved. An applicant may request a 30-day extension to amend the application if it is denied. The bill would take effect September 1, 2025.
Methodology
Based on the analysis of the PUC, this estimate assumes that the PUC would require 14.0 additional full time equivalent (FTE) positions to implement the provision of the bill. This estimate assumes PUC would set the application fee at an amount that is sufficient to cover the costs for administering the bill's provisions.These positions include five additional Attorney III positions ($115,500 per year with estimated benefits of $32,825) that would be needed for rulemaking and processing permit applications. A Legal Assistant III position ($80,000 per year with estimated benefit cost of $22,736) would be needed to support the attorneys in rule making and any case work. Three Engineer III positions ($115,500 per year with estimated benefits of $32,825) would be needed for related analysis. An additional Compliance & Enforcement Investigator III position ($90,000 per year with estimated benefits of $25,578) would be needed to conduct violation investigations and ensure permit holders are in compliance with rules. An additional Program Specialist III-IV position ($75,000 per year with estimated benefits of $21,315) would be needed to manage the fee collection. An additional Investigator III position ($60,000 per year with estimated benefits of $17,052) would be needed to take in violation complaints via call center. An additional Program Specialist III-IV position ($75,000 per year with estimated benefits of $21,315) would be needed to answer questions and provide guidance to potential permit applicants. An additional Programmer V position ($120,000 per year with estimated benefits of $34,104) would be needed to develop and maintain a portal for permit applications. Other associated costs include $31,845 per year for payroll contributions, travel and other operating expenses.
Technology
This estimate anticipates a technology impact of $37,800 in equipment costs each year.
Local Government Impact
There may be a local government impact as Country Judges and governing bodies of affected municipalities will be notified of applications and will have the opportunity to present information to PUC.
Source Agencies: b > td > 304 Comptroller of Public Accounts, 473 Public Utility Commission of Texas, 802 Parks and Wildlife Department
304 Comptroller of Public Accounts, 473 Public Utility Commission of Texas, 802 Parks and Wildlife Department
LBB Staff: b > td > JMc, RStu, GDZ, JBel, RSTE, BRI
JMc, RStu, GDZ, JBel, RSTE, BRI