Texas 2025 - 89th Regular

Texas Senate Bill SB819 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Kolkhorst, et al. S.B. No. 819
2		-
3		-
	2	+	(In the Senate - Filed January 16, 2025; February 7, 2025,
	3	+	read first time and referred to Committee on Business & Commerce;
	4	+	April 9, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 4; April 9, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 819 By: King
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5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to renewable energy generation facilities; authorizing
9	14		fees.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Chapter 35, Utilities Code, is amended by adding
12	17		Subchapter F to read as follows:
13	18		SUBCHAPTER F. RENEWABLE ENERGY GENERATION FACILITY APPLICATION FOR
14	19		DETERMINATION
15	20		Sec. 35.201. DEFINITIONS; APPLICABILITY. (a) In this
16	21		subchapter:
17	22		(1) "Person" includes an electric cooperative and a
18	23		municipally owned utility.
19	24		(2) "Renewable energy generation facility" means:
20	25		(A) a wind power facility as defined by Section
21	26		301.0001; or
22	27		(B) a solar power facility as defined by Section
23	28		302.0001.
24	29		(b) This subchapter applies to a renewable energy
25	30		generation facility regardless of whether the facility is the
26	31		subject of a wind power facility agreement or solar power facility
27	32		agreement entered into under Chapter 301 or 302.
28	33		(c) This subchapter does not apply to a solar power facility
29	34		located in the corporate boundaries of a home-rule municipality.
30	35		Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The
31	36		conservation and development of all the natural resources of this
32	37		state are declared to be public rights and duties. It is also
33	38		declared that balancing private property rights, the need to
34	39		increase electric generation, and the need to mitigate unreasonable
35	40		impacts of renewable energy generation facilities on wildlife,
36	41		water, and land in this state is in the public interest.
37	42		Sec. 35.203. APPLICATION FOR DETERMINATION. (a) A person
38	43		may not interconnect a renewable energy generation facility with a
39	44		capacity of 10 megawatts or more to a transmission facility unless
40	45		the person files an application for a determination of public
41	46		interest with the commission.
42	47		(b) An application filed under this section must include:
43	48		(1) a description of the location of the facility,
44	49		including a site plan in compliance with Section 35.204;
45	50		(2) a description of the type of facility;
46	51		(3) a copy of any information filed with the Federal
47	52		Energy Regulatory Commission in connection with registration with
48	53		that commission;
49	54		(4) any assumed business or professional name of the
50	55		applicant filed under Chapter 71, Business & Commerce Code;
51	56		(5) any wind power facility agreement or solar power
52	57		facility agreement applicable to the facility entered into under
53	58		Chapter 301 or 302 by the applicant and evidence that the applicant
54	59		has complied with the agreement by providing financial assurance in
55	60		the form of a bond;
56	61		(6) a sworn affirmation that the person has provided
57		-	public notice in compliance with Section 35.205;
58		-	(7) documentation of support or opposition from the
59		-	governing body of a political subdivision in the area where the
60		-	renewable energy generation facility is located;
61		-	(8) documentation demonstrating that the renewable
	62	+	public notice in compliance with Section 35.205; and
	63	+	(7) any other information required by commission rule,
	64	+	provided that in requiring that information the commission shall
	65	+	protect the competitive process in a manner that ensures the
	66	+	confidentiality of competitively sensitive information.
	67	+	(c) An application filed under this section may include:
	68	+	(1) documentation of support from the governing body
	69	+	of a political subdivision in the area where the renewable energy
	70	+	generation facility is located;
	71	+	(2) documentation demonstrating that the renewable
62	72		energy generation facility will not have a negative effect on
63	73		national security;
64		-	(9) information related to a permit or other state
	74	+	(3) an environmental impact analysis for the renewable
	75	+	energy generation facility;
	76	+	(4) information related to a permit or other state
65	77		authorization for the renewable energy generation facility issued
66	78		by the Texas Commission on Environmental Quality or the Parks and
67		-	Wildlife Department; and
68		-	(10) any other information required by commission
69		-	rule, provided that in requiring that information the commission
70		-	shall protect the competitive process in a manner that ensures the
71		-	confidentiality of competitively sensitive information.
72		-	(c) An application filed under this section may include:
73		-	(1) an environmental impact analysis for the renewable
74		-	energy generation facility; or
75		-	(2) a fire mitigation plan that provides for:
	79	+	Wildlife Department; or
	80	+	(5) a fire mitigation plan that provides for:
76	81		(A) emergency vehicle access;
77	82		(B) fire mitigation procedures; and
78	83		(C) ingress and egress plans during a fire event.
79	84		(d) The commission may impose an application fee to cover
80	85		the costs associated with reviewing an application filed under this
81	86		section.
82	87		Sec. 35.204. SITE PLAN. (a) A site plan included with an
83	88		application under Section 35.203 shall:
84	89		(1) for a solar power facility, ensure that all
85	90		facility equipment is located at least:
86	91		(A) 100 feet from any property line, unless the
87	92		applicant has obtained a written waiver from each owner of property
88	93		located less than 100 feet from the facility; and
89	94		(B) 200 feet from any habitable structure, unless
90	95		the applicant has obtained a written waiver from each owner of the
91	96		habitable structure; and
92	97		(2) for a wind power facility, ensure that all
93		-	facility equipment is located at least twice the height of the wind
94		-	turbine, including the blades, from the property line of each
95		-	property that borders the property on which the facility is
96		-	located, unless the applicant has obtained a written waiver from
97		-	each owner of property located less than twice the height of the
98		-	turbine, including the blades, from the facility.
	98	+	facility equipment is located at least 1,000 feet from the property
	99	+	line of each property that borders the property on which the
	100	+	facility is located, unless the applicant has obtained a written
	101	+	waiver from each owner of property located less than 1,000 feet from
	102	+	the facility.
99	103		(b) The distance from the property line required by
100	104		Subsection (a)(2) must be measured as a straight line from the
101	105		vertical centerline of the wind turbine to the nearest point on the
102	106		property line.
103	107		(c) As a condition for approval under Section 35.206, the
104	108		commission may require an applicant to submit a site plan with
105	109		property line distances that exceed the distances required by
106	110		Subsection (a).
107	111		Sec. 35.205. PUBLIC NOTICE. The commission by rule shall
108	112		require an applicant to:
109	113		(1) provide notice of the application to the county
110	114		judge of each county located within 25 miles of the boundary of the
111	115		renewable energy generation facility; and
112	116		(2) publish for at least two consecutive publications
113	117		in a newspaper of general circulation in each county in which the
114	118		renewable energy generation facility will be or is located a notice
115	119		that includes a description of the type and location of the
116	120		facility.
117	121		Sec. 35.206. DECISION ON APPLICATION. (a) The commission
118	122		may approve or deny an application filed under Section 35.203 not
119	123		later than the 180th day after the date the application is filed.
120	124		If the commission does not approve or deny the application before
121	125		the 181st day after the date the application is filed, the
122	126		application is considered to be approved. On request of an
123	127		applicant, the commission may grant an extension of not more than 30
124	128		days for the applicant to amend the application to avoid denial by
125	129		the commission.
126	130		(b) The commission may deny an application filed under
127	131		Section 35.203 only if:
128	132		(1) the commission determines that the potential harm
129	133		caused by the construction and interconnection of the renewable
130	134		energy generation facility substantially outweighs the potential
131	135		benefit to this state; or
132	136		(2) the application does not meet the requirements of
133	137		this subchapter.
134	138		(c) If the commission denies an application filed under
135	139		Section 35.203, the commission must provide an explanation of the
136	140		reason for the denial and provide an opportunity for the applicant
137	141		to file an amended application.
138		-	(d) The commission shall post the decision made on each
139		-	application filed under Section 35.203 on the commission's Internet
140		-	website.
141	142		Sec. 35.207. POWER TO REGULATE AND SUPERVISE. (a) For
142	143		purposes of this subchapter, a provision of Subchapter B or E,
143	144		Chapter 14, that authorizes the commission to regulate a public
144	145		utility also applies to a person required to apply for a public
145	146		interest determination under this subchapter, including an
146	147		electric cooperative and a municipally owned utility.
147		-	(b) The commission ~~shall~~ adopt and enforce rules reasonably
	148	+	(b) The commission may adopt and enforce rules reasonably
148	149		required in the exercise of its powers under this subchapter.
149	150		Sec. 35.208. ENFORCEMENT AND PENALTIES. For the purposes
150	151		of enforcing this subchapter, a reference in Chapter 15 to a person
151	152		includes any person required to apply for a public interest
152	153		determination under this subchapter, including an electric
153	154		cooperative and a municipally owned utility.
154	155		SECTION 2. This Act takes effect September 1, 2025.
	156	+	* * * * *