89R13084 ANG-D
 
  By: McLaughlin H.B. No. 3278
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the study of and incentives for the use of solar and
  wind energy.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  STUDY ON SOLAR AND WIND ENERGY AND RELATED
  FACILITIES. (a)  In this Act, "commission" means the Texas
  Commission on Environmental Quality.
         (b)  The commission, in consultation with the Public Utility
  Commission of Texas, the Parks and Wildlife Department, and any
  other relevant state agency, shall conduct a study on the effects of
  solar generation facilities and wind generation facilities on the
  environment, the economy, and infrastructure in this state.
         (c)  In conducting the study, the commission shall examine:
               (1)  land use and habitat disruption, including the
  impact of large solar and wind generation facilities on
  agricultural land, native ecosystems, and wildlife habitats;
               (2)  decommissioning and disposal challenges related
  to solar and wind generation facilities, including a consideration
  of the life cycle of solar panels and wind turbines, hazardous waste
  risks, sustainability of recycling methods, and the disposal of
  components;
               (3)  grid reliability and energy security, including
  any effects of an increased reliance on solar and wind energy on
  electric grid stability, energy storage needs, and grid reliability
  during periods of peak demand;
               (4)  the economic impact of solar and wind generation
  facilities on rural communities, including changes in land value,
  tax revenue, or agricultural productivity in areas where solar
  generation facilities or wind generation facilities are
  established;
               (5)  potential fire risks associated with lithium-ion
  battery storage and the capability of rural emergency services to
  effectively respond to a fire at a battery facility;
               (6)  risks of soil and water contamination from solar
  generation facilities, including risks associated with water
  usage, long-term soil degradation, and the disposal of solar panel
  materials;
               (7)  wildlife and avian mortality related to the
  production of wind energy, including the effects of wind turbines
  on migratory birds, bats, and other wildlife populations; and
               (8)  the noise created by and potential health effects
  of wind generation facilities, including the potential effects of
  wind turbine noise, infrasound, and shadow flicker on nearby
  communities.
         (d)  The commission shall hold public hearings in rural
  counties and counties in which solar or wind generation facilities
  are located to collect input relevant to the study from landowners,
  energy industry representatives, environmental experts, and local
  officials.
         (e)  Not later than September 1, 2026, the commission shall
  submit to the governor, the lieutenant governor, the speaker of the
  house of representatives, and the chair of the standing committee
  of each house of the legislature with primary jurisdiction over
  energy production an interim report that includes the initial
  results of the study conducted under this section.
         (f)  Not later than January 31, 2027, the commission shall
  submit a final report to the governor, the lieutenant governor, the
  speaker of the house of representatives, and the chair of the
  standing committee of each house of the legislature with primary
  jurisdiction over energy production a written report that includes
  the results of the study conducted under this section and any
  recommendations for the legislature.
         (g)  The commission shall begin the interim study required by
  this section not later than September 1, 2025.
         SECTION 2.  MORATORIUM ON STATE ECONOMIC INCENTIVES. (a)  
  Notwithstanding any other law and except as otherwise provided by
  this section, during the period that begins on the effective date of
  this Act and ends on the last day of the 90th Legislature, Regular
  Session, a solar energy project, wind energy project, solar
  generation facility, or wind generation facility is not eligible to
  receive a state economic incentive, including a state tax
  incentive.
         (b)  Subsection (a) of this section does not apply to a state
  economic incentive the application for which was submitted on or
  before the effective date of this Act.
         (c)  The members of the 90th Legislature, Regular Session, by
  adoption of a concurrent resolution approved by a record vote of a
  majority of the members of each house of the legislature may
  terminate the moratorium imposed under Subsection (a) of this
  section before the date the moratorium would otherwise expire under
  that subsection.
         SECTION 3.  EXPIRATION. This Act expires September 1, 2027.
         SECTION 4.  EFFECTIVE DATE.  This Act takes effect
  immediately if it receives a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution.  If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2025.