BILL ANALYSIS Senate Research Center C.S.S.B. 819 89R22208 SCR-F By: Kolkhorst et al. Business & Commerce 4/3/2025 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In recent decades, solar and wind installations have proliferated across the state. Without clear guidelines for siting and decommissioning, how installations are installed varies greatly from one site to another. S.B. 819 puts guidelines in place for new wind and solar installations to help balance the need for these structures with the state's responsibility to protect nature. These proposed guidelines would also provide a funding source for abandoned installations to be removed from the land at no cost or reduced cost to Texas taxpayers. The bill, while defaulting to approving projects, provides a mechanism for the state to acknowledge that some places in Texas are not suitable for these projects. The bill gives the Public Utility Commission (PUC) the opportunity to prohibit interconnection if the harm substantially outweighs the benefit to the state. The bill is based on a less onerous version of S.B. 624 which passed the Senate in 2023 by a bipartisan vote of 21-9. After the committee hearing, substantial changes were made to the bill. Key Provisions in the Committee Substitute: The bill applies only to utility scale facilities greater than 10 megawatts and to new generation that is interconnected on or after the effective date of the Act. Shifts the burden from the PUC needing to take action for a project to interconnect to, instead, granting interconnection unless the PUC takes action to prohibit interconnection. The PUC must act to prohibit the interconnection no later than the 180th day after the date the application was submitted to the PUC. If the PUC takes no action, the interconnection is allowed. Public notice in the county paper of record is required, but public meetings are no longer required. For a complete application, a facility must include: A site plan that has setbacks, unless waived by the adjacent property owner, for solar installations of 200 feet from a private residence and 100 feet from the property line, and for wind installations 1,000 feet from the property line. Evidence of financial assurance in the form of a surety bond. Adds permissive elements to the application including allowing for: National security analysis; Letters of support from local elected officials; Environmental impact analysis; Any information related to a permit or notification related to the facility issued by the Texas Commission on Environmental Quality or the Texas Parks and Wildlife Department; and Fire mitigation plan. Allows the PUC to assess a fee to cover the cost of reviewing the applications. Restores local control of county tax abatements, so county commissioners remain able to make decisions for tax abatements for projects. C.S.S.B. 819 amends current law relating to renewable energy generation facilities and authorizes fees. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Public Utility Commission in SECTION 1 (Sections 35.205 and 35.207, Utilities Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 35, Utilities Code, by adding Subchapter F, as follows: SUBCHAPTER F. RENEWABLE ENERGY GENERATION FACILITY APPLICATION FOR DETERMINATION Sec. 35.201. DEFINITIONS; APPLICABILITY. (a) Defines "person" and "renewable energy generation facility." (b) Provides that this subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 (Wind Power Facility Agreements) or 302 (Solar Power Facility Agreements). (c) Provides that this subchapter does not apply to a solar power facility located in the corporate boundaries of a home-rule municipality. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. Provides that the conservation and development of all the natural resources of this state are declared to be public rights and duties. Provides that it is also declared that balancing private property rights, the need to increase electric generation, and the need to mitigate unreasonable impacts of renewable energy generation facilities on wildlife, water, and land in this state is in the public interest. Sec. 35.203. APPLICATION FOR DETERMINATION. (a) Prohibits a person from interconnecting a renewable energy generation facility with a capacity of 10 megawatts or more to a transmission facility unless the person files an application for a determination of public interest with the Public Utility Commission (PUC). (b) Requires that an application filed under this section include certain information. (c) Authorizes an application filed under this section to include certain information. (d) Authorizes the PUC to impose an application fee to cover the costs associated with reviewing an application filed under this section. Sec. 35.204. SITE PLAN. (a) Requires that a site plan included with an application under Section 35.203: (1) for a solar power facility, ensure that all facility equipment is located at least 100 feet from any property line, unless the applicant has obtained a written waiver from each owner of property located less than 100 feet from the facility and 200 feet from any habitable structure, unless the applicant has obtained a written waiver from each owner of the habitable structure; and (2) for a wind power facility, ensure that all facility equipment is located at least 1,000 feet from the property line of each property that borders the property on which the facility is located, unless the applicant has obtained a written waiver from each owner of property located less than 1,000 feet from the facility. (b) Requires that the distance from the property line required by Subsection (a)(2) be measured as a straight line from the vertical centerline of the wind turbine to the nearest point on the property line. (c) Authorizes the PUC, as a condition for approval under Section 35.206, to require an applicant to submit a site plan with property line distances that exceed the distances required by Subsection (a). Sec. 35.205. PUBLIC NOTICE. Requires the PUC by rule to 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 in each county in which the renewable energy generation facility will be or is located a notice that includes a description of the type and location of the facility. Sec. 35.206. DECISION ON APPLICATION. (a) Authorizes the PUC to approve or deny an application filed under Section 35.203 not later than the 180th day after the date the application is filed. Provides that if the PUC 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. Authorizes the PUC to, on request of an applicant, grant an extension of not more than 30 days for the applicant to amend the application to avoid denial by the PUC. (b) Authorizes the PUC to deny an application filed under Section 35.203 only if the PUC determines that the potential harm caused by the construction and interconnection of the renewable energy generation facility substantially outweighs the potential benefit to this state or the application does not meet the requirements of this subchapter. (c) Requires the PUC, if the PUC denies an application filed under Section 35.203, to provide an explanation of the reason for the denial and provide an opportunity for the applicant to file an amended application. Sec. 35.207. POWER TO REGULATE AND SUPERVISE. (a) Provides that for purposes of this subchapter, a provision of Subchapter B (Practice and Procedure) or E (Audits and Inspections), Chapter 14, that authorizes the PUC to regulate a public utility also applies to a person required to apply for a public interest determination under this subchapter, including an electric cooperative and a municipally owned utility. (b) Authorizes the PUC to adopt and enforce rules reasonably required in the exercise of its powers under this subchapter. Sec. 35.208. ENFORCEMENT AND PENALTIES. Provides that for the purposes of enforcing this subchapter, a reference in Chapter 15 (Judicial Review, Enforcement, and Penalties) to a person includes any person required to apply for a public interest determination under this subchapter, including an electric cooperative and a municipally owned utility. SECTION 2. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 819
89R22208 SCR-F By: Kolkhorst et al.
Business & Commerce
4/3/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 819
89R22208 SCR-F
By: Kolkhorst et al.
Business & Commerce
4/3/2025
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In recent decades, solar and wind installations have proliferated across the state. Without clear guidelines for siting and decommissioning, how installations are installed varies greatly from one site to another. S.B. 819 puts guidelines in place for new wind and solar installations to help balance the need for these structures with the state's responsibility to protect nature. These proposed guidelines would also provide a funding source for abandoned installations to be removed from the land at no cost or reduced cost to Texas taxpayers. The bill, while defaulting to approving projects, provides a mechanism for the state to acknowledge that some places in Texas are not suitable for these projects. The bill gives the Public Utility Commission (PUC) the opportunity to prohibit interconnection if the harm substantially outweighs the benefit to the state. The bill is based on a less onerous version of S.B. 624 which passed the Senate in 2023 by a bipartisan vote of 21-9. After the committee hearing, substantial changes were made to the bill. Key Provisions in the Committee Substitute: The bill applies only to utility scale facilities greater than 10 megawatts and to new generation that is interconnected on or after the effective date of the Act. Shifts the burden from the PUC needing to take action for a project to interconnect to, instead, granting interconnection unless the PUC takes action to prohibit interconnection. The PUC must act to prohibit the interconnection no later than the 180th day after the date the application was submitted to the PUC. If the PUC takes no action, the interconnection is allowed. Public notice in the county paper of record is required, but public meetings are no longer required. For a complete application, a facility must include: A site plan that has setbacks, unless waived by the adjacent property owner, for solar installations of 200 feet from a private residence and 100 feet from the property line, and for wind installations 1,000 feet from the property line. Evidence of financial assurance in the form of a surety bond. Adds permissive elements to the application including allowing for: National security analysis; Letters of support from local elected officials; Environmental impact analysis; Any information related to a permit or notification related to the facility issued by the Texas Commission on Environmental Quality or the Texas Parks and Wildlife Department; and Fire mitigation plan. Allows the PUC to assess a fee to cover the cost of reviewing the applications. Restores local control of county tax abatements, so county commissioners remain able to make decisions for tax abatements for projects.
In recent decades, solar and wind installations have proliferated across the state. Without clear guidelines for siting and decommissioning, how installations are installed varies greatly from one site to another. S.B. 819 puts guidelines in place for new wind and solar installations to help balance the need for these structures with the state's responsibility to protect nature. These proposed guidelines would also provide a funding source for abandoned installations to be removed from the land at no cost or reduced cost to Texas taxpayers. The bill, while defaulting to approving projects, provides a mechanism for the state to acknowledge that some places in Texas are not suitable for these projects. The bill gives the Public Utility Commission (PUC) the opportunity to prohibit interconnection if the harm substantially outweighs the benefit to the state. The bill is based on a less onerous version of S.B. 624 which passed the Senate in 2023 by a bipartisan vote of 21-9. After the committee hearing, substantial changes were made to the bill.
Key Provisions in the Committee Substitute:
* The bill applies only to utility scale facilities greater than 10 megawatts and to new generation that is interconnected on or after the effective date of the Act.
* Shifts the burden from the PUC needing to take action for a project to interconnect to, instead, granting interconnection unless the PUC takes action to prohibit interconnection.
* The PUC must act to prohibit the interconnection no later than the 180th day after the date the application was submitted to the PUC. If the PUC takes no action, the interconnection is allowed.
* Public notice in the county paper of record is required, but public meetings are no longer required.
* For a complete application, a facility must include:
* A site plan that has setbacks, unless waived by the adjacent property owner, for solar installations of 200 feet from a private residence and 100 feet from the property line, and for wind installations 1,000 feet from the property line.
* Evidence of financial assurance in the form of a surety bond.
* Adds permissive elements to the application including allowing for:
* National security analysis;
* Letters of support from local elected officials;
* Environmental impact analysis;
* Any information related to a permit or notification related to the facility issued by the Texas Commission on Environmental Quality or the Texas Parks and Wildlife Department; and
* Fire mitigation plan.
* Allows the PUC to assess a fee to cover the cost of reviewing the applications.
* Restores local control of county tax abatements, so county commissioners remain able to make decisions for tax abatements for projects.
C.S.S.B. 819 amends current law relating to renewable energy generation facilities and authorizes fees.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Public Utility Commission in SECTION 1 (Sections 35.205 and 35.207, Utilities Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 35, Utilities Code, by adding Subchapter F, as follows:
SUBCHAPTER F. RENEWABLE ENERGY GENERATION FACILITY APPLICATION FOR DETERMINATION
Sec. 35.201. DEFINITIONS; APPLICABILITY. (a) Defines "person" and "renewable energy generation facility."
(b) Provides that this subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 (Wind Power Facility Agreements) or 302 (Solar Power Facility Agreements).
(c) Provides that this subchapter does not apply to a solar power facility located in the corporate boundaries of a home-rule municipality.
Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. Provides that the conservation and development of all the natural resources of this state are declared to be public rights and duties. Provides that it is also declared that balancing private property rights, the need to increase electric generation, and the need to mitigate unreasonable impacts of renewable energy generation facilities on wildlife, water, and land in this state is in the public interest.
Sec. 35.203. APPLICATION FOR DETERMINATION. (a) Prohibits a person from interconnecting a renewable energy generation facility with a capacity of 10 megawatts or more to a transmission facility unless the person files an application for a determination of public interest with the Public Utility Commission (PUC).
(b) Requires that an application filed under this section include certain information.
(c) Authorizes an application filed under this section to include certain information.
(d) Authorizes the PUC to impose an application fee to cover the costs associated with reviewing an application filed under this section.
Sec. 35.204. SITE PLAN. (a) Requires that a site plan included with an application under Section 35.203:
(1) for a solar power facility, ensure that all facility equipment is located at least 100 feet from any property line, unless the applicant has obtained a written waiver from each owner of property located less than 100 feet from the facility and 200 feet from any habitable structure, unless the applicant has obtained a written waiver from each owner of the habitable structure; and
(2) for a wind power facility, ensure that all facility equipment is located at least 1,000 feet from the property line of each property that borders the property on which the facility is located, unless the applicant has obtained a written waiver from each owner of property located less than 1,000 feet from the facility.
(b) Requires that the distance from the property line required by Subsection (a)(2) be measured as a straight line from the vertical centerline of the wind turbine to the nearest point on the property line.
(c) Authorizes the PUC, as a condition for approval under Section 35.206, to require an applicant to submit a site plan with property line distances that exceed the distances required by Subsection (a).
Sec. 35.205. PUBLIC NOTICE. Requires the PUC by rule to 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 in each county in which the renewable energy generation facility will be or is located a notice that includes a description of the type and location of the facility.
Sec. 35.206. DECISION ON APPLICATION. (a) Authorizes the PUC to approve or deny an application filed under Section 35.203 not later than the 180th day after the date the application is filed. Provides that if the PUC 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. Authorizes the PUC to, on request of an applicant, grant an extension of not more than 30 days for the applicant to amend the application to avoid denial by the PUC.
(b) Authorizes the PUC to deny an application filed under Section 35.203 only if the PUC determines that the potential harm caused by the construction and interconnection of the renewable energy generation facility substantially outweighs the potential benefit to this state or the application does not meet the requirements of this subchapter.
(c) Requires the PUC, if the PUC denies an application filed under Section 35.203, to provide an explanation of the reason for the denial and provide an opportunity for the applicant to file an amended application.
Sec. 35.207. POWER TO REGULATE AND SUPERVISE. (a) Provides that for purposes of this subchapter, a provision of Subchapter B (Practice and Procedure) or E (Audits and Inspections), Chapter 14, that authorizes the PUC to regulate a public utility also applies to a person required to apply for a public interest determination under this subchapter, including an electric cooperative and a municipally owned utility.
(b) Authorizes the PUC to adopt and enforce rules reasonably required in the exercise of its powers under this subchapter.
Sec. 35.208. ENFORCEMENT AND PENALTIES. Provides that for the purposes of enforcing this subchapter, a reference in Chapter 15 (Judicial Review, Enforcement, and Penalties) to a person includes any person required to apply for a public interest determination under this subchapter, including an electric cooperative and a municipally owned utility.
SECTION 2. Effective date: September 1, 2025.