SB819 - Relating to renewable energy generation facilities; authorizing fees.

      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.