HB553 - Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees.

  89R580 JXC-F     By: Patterson H.B. No. 553       A BILL TO BE ENTITLED   AN ACT   relating to the permitting of renewable energy generation   facilities by the Public Utility Commission of Texas; 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 PERMIT           Sec.   35.201.     DEFINITIONS; APPLICABILITY. (a) In this   subchapter:                 (1)     "Permit holder" means a person who holds a permit   issued under this subchapter.                 (2)     "Person" includes an electric cooperative and a   municipally owned utility.                 (3)  "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.           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 the protection of the wildlife, water, and land of   this state against the impacts of renewable energy generation   facilities is in the public interest. In the exercise of the police   power of this state, it is necessary and desirable to provide   additional means so that the installation and removal of renewable   energy generation facilities is placed under the authority and   direction of the commission.           Sec.   35.203.     PERMIT REQUIRED; APPLICATION. (a) A person   may not operate a renewable energy generation facility in this   state unless the person holds a permit issued by the commission   under this subchapter. A person may not construct a renewable   energy generation facility in this state unless:                 (1)     the person holds a permit to operate a renewable   energy generation facility issued by the commission under this   subchapter; or                 (2)  the commission by order approves the construction.           (b)     A person may apply for a permit to operate a renewable   energy generation facility by filing with the commission:                 (1)  a description of the location of the facility;                 (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)     an environmental impact statement produced by the   Parks and Wildlife Department under Section 11.006, Parks and   Wildlife Code;                 (6)     any wind power facility agreement or solar power   facility agreement applicable to the facility entered into under   Chapter 301 or 302 by the applicant;                 (7)     the address of an Internet website that provides   information about the proposed facility;                 (8)     an affidavit that lists the names and addresses of   the persons who may be affected by the application and includes the   source of the list; and                 (9)     any other information required by commission rule,   provided the commission protects the competitive process in a   manner that ensures the confidentiality of competitively sensitive   information.           Sec.   35.204.     NOTICE AND HEARING ON APPLICATION. (a) When   an application for a permit is filed under Section 35.203, or when   an application for a permit amendment is filed, the commission   shall:                 (1)     give notice of the application to affected   parties, including any owner of property located within 25 miles of   the boundary of the facility; and                 (2)  if requested:                       (A)  set a time and place for a hearing; and                       (B)     give notice of the hearing to affected   parties, including any owner of property located within 25 miles of   the boundary of the facility.           (b)     For any application involving a generation capacity of   15 megawatts or more, the notice must be given to the county judge   of each county located within 25 miles of the boundary of the   facility who has requested in writing that the commission give that   notice.           (c)     The commission may not act on an application before the   30th day after the date the commission gives notice of the   application under Subsections (a) and (b), as applicable,   regardless of whether a hearing is requested.           (d)     Notwithstanding any other provision of this subchapter,   the commission may approve an application to amend a permit without   holding a hearing if:                 (1)  the applicant is not applying to:                       (A)     significantly increase the amount of   electricity generated under the permit; or                       (B)     materially change the placement of the   renewable energy generation facility;                 (2)     the commission determines that the applicant's   compliance history raises no issues regarding the applicant's   ability to comply with a material term of the permit; and                 (3)  the commission:                       (A)     gives notice of the application to the county   judge of each county and the governing body of each municipality in   which the facility is located at least 30 days before the date of   the commission's approval of the application; and                       (B)     allows the county judges and governing bodies   to present information to the commission on the application.           Sec.   35.205.     APPROVAL OR DENIAL OF APPLICATION. (a) The   commission may approve an application only if the commission finds   that issuance or amendment of the permit would not violate state or   federal law or rule and would not interfere with the purpose of this   subchapter.           (b)     In considering an application for the issuance or   amendment of a permit, the commission shall consider the compliance   history of the applicant.           (c)  A permit holder does not have a vested right in a permit.           Sec.   35.206.     CONDITIONS OF PERMIT. (a) For each permit,   the commission shall prescribe the conditions under which it is   issued, including:                 (1)  the boundary of the permitted facility location;                 (2)     the maximum number of renewable energy generation   facilities authorized by the permit; and                 (3)     any monitoring and reporting requirements   prescribed by the commission for the permit holder.           (b)     The commission, on its own motion after reasonable   notice and hearing, may require a permit holder to conform to new or   additional conditions to comply with this subchapter or rules   adopted under this subchapter.           (c)  A permit holder shall:                 (1)     ensure that the permitted facility is located at   least:                       (A)     500 feet from any property line, unless the   permit holder has obtained a written waiver from each owner of   property located less than 500 feet from the permitted facility;   and                       (B)     1,000 feet from any habitable structure,   unless the permit holder has obtained a written waiver from each   owner of the habitable structure;                 (2)     provide a publicly accessible Internet website   that displays:                       (A)     a map of the boundaries of the permitted   facility;                       (B)     any interconnection request numbers assigned   to the permitted facility;                       (C)     the name of the owner of the permitted   facility; and                       (D)     any other information the commission   requires; and                 (3)     post at each entrance to the permitted facility a   sign that:                       (A)  includes:                             (i)  the name of the facility;                             (ii)  the name of the owner of the facility;                             (iii)     the name, business address, and   telephone number of the operator of the facility;                             (iv)     a general description of the property   on which the facility is located, including the boundaries of the   property; and                             (v)     emergency contact information for the   facility;                       (B)     uses contrasting colors with block letters at   least one inch in height; and                       (C)     is [Text truncated for display. 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