By: Kolkhorst, et al. S.B. No. 819
A BILL TO BE ENTITLED
AN ACT
relating to renewable energy generation facilities; authorizing
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 35, Utilities Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. RENEWABLE ENERGY GENERATION FACILITY APPLICATION FOR
DETERMINATION
Sec. 35.201. DEFINITIONS; APPLICABILITY. (a) In this
subchapter:
(1) "Person" includes an electric cooperative and a
municipally owned utility.
(2) "Renewable energy generation facility" means:
(A) a wind power facility as defined by Section
301.0001; or
(B) a solar power facility as defined by Section
302.0001.
(b) 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 or 302.
(c) 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. The
conservation and development of all the natural resources of this
state are declared to be public rights and duties. 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) A person
may not interconnect 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 commission.
(b) An application filed under this section must include:
(1) a description of the location of the facility,
including a site plan in compliance with Section 35.204;
(2) a description of the type of facility;
(3) a copy of any information filed with the Federal
Energy Regulatory Commission in connection with registration with
that commission;
(4) any assumed business or professional name of the
applicant filed under Chapter 71, Business & Commerce Code;
(5) any wind power facility agreement or solar power
facility agreement applicable to the facility entered into under
Chapter 301 or 302 by the applicant and evidence that the applicant
has complied with the agreement by providing financial assurance in
the form of a bond;
(6) a sworn affirmation that the person has provided
public notice in compliance with Section 35.205;
(7) documentation of support or opposition from the
governing body of a political subdivision in the area where the
renewable energy generation facility is located;
(8) documentation demonstrating that the renewable
energy generation facility will not have a negative effect on
national security;
(9) 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
(10) any other information required by commission
rule, provided that in requiring that information the commission
shall protect the competitive process in a manner that ensures the
confidentiality of competitively sensitive information.
(c) An application filed under this section may include:
(1) an environmental impact analysis for the renewable
energy generation facility; or
(2) a fire mitigation plan that provides for:
(A) emergency vehicle access;
(B) fire mitigation procedures; and
(C) ingress and egress plans during a fire event.
(d) The commission may impose an application fee to cover
the costs associated with reviewing an application filed under this
section.
Sec. 35.204. SITE PLAN. (a) A site plan included with an
application under Section 35.203 shall:
(1) for a solar power facility, ensure that all
facility equipment is located at least:
(A) 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
(B) 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 twice the height of the wind
turbine, including the blades, 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 twice the height of the
turbine, including the blades, from the facility.
(b) The distance from the property line required by
Subsection (a)(2) must be measured as a straight line from the
vertical centerline of the wind turbine to the nearest point on the
property line.
(c) As a condition for approval under Section 35.206, the
commission may 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. The commission by rule shall
require an applicant to:
(1) 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
(2) 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) The commission
may 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. On request of an
applicant, the commission may grant an extension of not more than 30
days for the applicant to amend the application to avoid denial by
the commission.
(b) The commission may deny an application filed under
Section 35.203 only if:
(1) the commission 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
(2) the application does not meet the requirements of
this subchapter.
(c) If the commission denies an application filed under
Section 35.203, the commission must provide an explanation of the
reason for the denial and provide an opportunity for the applicant
to file an amended application.
(d) The commission shall post the decision made on each
application filed under Section 35.203 on the commission's Internet
website.
Sec. 35.207. POWER TO REGULATE AND SUPERVISE. (a) For
purposes of this subchapter, a provision of Subchapter B or E,
Chapter 14, that authorizes the commission 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) The commission shall adopt and enforce rules reasonably
required in the exercise of its powers under this subchapter.
Sec. 35.208. ENFORCEMENT AND PENALTIES. For the purposes
of enforcing this subchapter, a reference in Chapter 15 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. This Act takes effect September 1, 2025.