HB5576 - Relating to certain best management practices and to certain requirements for the design, construction, and operation of certain wind and solar power facilities in this state.

      By: Darby H.B. No. 5576       A BILL TO BE ENTITLED   AN ACT   relating to certain best management practices and to certain   requirements for the design, construction, and operation of certain   wind and solar power facilities in this state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 6, Utilities Code, is amended by adding   Chapter 303 to read as follows:   CHAPTER 303. BEST MANAGEMENT PRACTICES FOR CERTAIN WIND AND SOLAR   POWER FACILITIES   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   303.001.     APPLICABILITY. (a) This chapter applies   only to a utility-scale wind or solar power facility located in this   state that is not developed or operated by an electric utility as   defined by Section 31.002.           (b)     This chapter applies to a battery energy storage   facility only if it is co-located with a utility-scale wind or solar   power facility located in this state.           Sec.   303.002.     PURPOSE. (a) This chapter encourages   responsible practices by developers of utility-scale wind and solar   power facilities for the design, construction, and operation of   those facilities that appropriately balance the need for abundant,   affordable, domestic electricity in this state, as part of a   diverse portfolio of resources, with the need to conserve sensitive   habitat, working lands, and wildlife; avoid undue impacts on   neighboring landowners; and protect the rights of private   landowners to responsibly develop their own property. The   legislature recognizes that delegating subjective decision-making   authority to a governmental entity or any other bureaucratic entity   would substitute the judgment of government officials for that of   private landowners as to the highest and best use of their private   property. Such an approach is inconsistent with principles of   limited government and the manner in which the development of other   energy resources is regulated in this state.           (b)     The legislature finds that establishing, in this   chapter, clear responsibilities for developers of utility-scale   wind and solar power facilities will ensure responsible development   and reduce undue impacts on neighboring landowners, communities,   and associated wildlife habitats and populations.           (c)     The legislature finds that development practices for   stand-alone battery energy storage facilities that are not   co-located with a utility-scale wind or solar power facility   present considerations that are entirely different from those   presented by a utility-scale wind or solar power facility, and   that, accordingly, best practices for development of stand-alone   battery energy storage projects, if addressed by law, should be   separately addressed.           (d)  This chapter:                 (1)     ensures that appropriate project best management   practices are considered when designing, constructing, and   operating utility-scale wind or solar power facilities; and                 (2)     provides appropriate practices to reduce   potential impacts on adjoining landowners while protecting the   rights of private landowners to develop their property in the   manner that they consider appropriate.           Sec. 303.003.  DEFINITIONS. In this chapter:                 (1)     "Developer" means a person or entity that   possesses the legal right to develop, construct, or operate a   utility-scale wind or solar power facility.                 (2)  "Disturbance zone" includes:                       (A)     the area within the site of a utility-scale   solar power facility or a utility-scale wind power facility that is   directly impacted by construction or operation of the facility; and                       (B)     the area within the project site within 50   feet of the boundary of the directly impacted area described by   Paragraph (A).                 (3)     "Electric Reliability Council of Texas" means the   independent organization certified under Section 39.151 for the   ERCOT power region.                 (4)     "ERCOT power region" means the area in Texas   served by electric utilities as defined by Section 31.002,   municipally owned utilities as defined by Section 11.003, and   electric cooperatives as defined by Section 11.003 that is not   synchronously interconnected with electric utilities outside this   state.                 (5)     "Intact native prairie" means grassland dominated   by native prairie vegetation with a diversity of forbs that has   never been plowed or significantly disturbed, with few or no trees.                 (6)  "Sensitive areas" include:                       (A)     jurisdictional waters of the United States   under Section 404 of the Clean Water Act (33 U.S.C. 1344) or Section   10 of the Rivers and Harbors Act (33 U.S.C. 403);                       (B)     areas occupied by rare, threatened, or   endangered species, and critical habitats for those species;                       (C)  intact native prairie; and                       (D)     areas with cultural, historic, or   archaeological significance.                 (7)     "Solar power facility" means a site that includes   solar energy devices used to generate electricity and the onsite   roads and equipment used to construct, operate and support the   facility's solar energy devices.                 (8)     "Transmission service provider" means an electric   utility as defined by Section 31.002, a municipally owned utility   as defined by Section 11.003, or an electric cooperative as defined   by Section 11.003 that owns or operates facilities used for the   transmission of electricity.                 (9)     "Utility-scale wind or solar power facility" means   a solar power facility or wind power facility that is   interconnected to a transmission service provider's system at or   above 60 kilovolts (kV) and is located behind one or more unique   points of interconnection.                 (10)     "Wind power facility" means a site that includes   wind turbine generators used to generate electricity and the onsite   roads and equipment used to construct, operate and support the   facility's wind turbine generators.           Sec.   303.004.     PERMIT NOT REQUIRED. It is the policy of this   state that no state or local entity or grid operator shall be   allowed to require a permit to:                 (1)     construct or operate a utility-scale wind or solar   power facility; or                 (2)     interconnect a utility-scale wind or solar power   facility with a transmission service provider.   SUBCHAPTER B. COMMUNITY AND GOOD NEIGHBOR BEST PRACTICES           Sec.   303.051.     PURPOSE OF BEST MANAGEMENT PRACTICES UNDER   THIS SUBCHAPTER. This subchapter is designed to inform nearby   landowners and communities about a proposed utility-scale wind or   solar power facility and minimize the project's impact on adjoining   landowners.           Sec.   303.052.     DISCLOSURE OF CERTAIN INFORMATION. This   subchapter does not require the disclosure of:                 (1)     proprietary or otherwise sensitive business   information;                 (2)     information protected from disclosure under other   state or federal law or regulation; or                 (3)     specific engineering, vulnerability, or detailed   design information about proposed or existing critical   infrastructure, whether physical or virtual, that:                       (A)     relates details about the production,   generation, transmission, or distribution of energy;                       (B)     could be useful to a person planning an   attack on critical infrastructure; or                       (C)     gives strategic information beyond the   location of the critical infrastructure.           Sec.   303.053.     PROJECT WEBSITE. The developer of a   utility-scale wind or solar power facility must maintain a project   website available to the public and published not later than 30 days   after execution of a signed interconnection agreement. The website   must include, as available:                 (1)  the name of the facility;                 (2)  the developer for the facility;                 (3)     technologies operating at the site of the facility   as defined in the interconnection agreement;                 (4)     expected installed capacity of the facility,   expressed in megawatts, and contextual information including how   many homes can be powered by the energy that the facility is   expected to generate;                 (5)     the cities, unincorporated areas, and counties in   which the utility-scale solar or wind power facility is located;                 (6)  the estimated project timeline;                 (7)     projected community benefits of the construction   and operation of the facility; and                 (8)     business contact information for relevant members   of the project team in charge of matters including project   development and community engagement.           Sec.   303.054.     REQUIRED SIGNAGE. The developer of a   utility-scale wind or solar power facility shall post signs at   designated entry and exit points of the facility that can be easily   read from outside the facility that include the name of the   facility, the name of the developer, and an emergency contact   number. The signs must be posted before construction and   maintained for the duration of the operation of the facility.           Sec.   303.055.     LIGHTING REQUIREMENTS. To minimize the   impact of lights during construction and operations, utility-scale   wind and solar power facilities must implement the following   measures to the extent allowed by law:                 (1)     service and security lighting must be directed   downward and shielded;                 (2)     service lighting must be manual and used only as   needed to conduct nighttime repairs;                 (3)     security lighting must be motion-activated unless   otherwise required for physical security of the facility as   required under federal or state law or regulation or applicable   national standards; and                 (4)     all service and security lighting shall be located &# [Text truncated for display. Full text available on Congress.gov.]