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A BILL TO BE ENTITLED
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AN ACT
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relating to renewable energy generation and energy storage |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 35, Utilities Code, is amended by adding |
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subchapter F to read as follows: |
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SUBCHAPTER F. RENEWABLE ENERGY GENERATION AND STORAGE FACILITY |
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APPROVAL |
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Sec. 35.201. DEFINITIONS. In this subchapter: |
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(1) "Renewable energy generation facility" means: |
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(A) a wind power facility as defined by Section |
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301.0001; or |
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(B) a solar power facility as defined by Section |
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302.0001. |
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(2) "Energy storage facility" means a battery energy |
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storage resource. |
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Sec. 35.202. APPLICATION. (a) On or before September 1, |
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2026, the commission shall establish a rule to create a process for |
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renewable energy generation facility or energy storage facility |
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applications and for the provision of public notice of the |
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application to state agencies, local landowners, and county and |
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municipal officials. |
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(b) A renewable energy generation facility or energy |
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storage facility may not interconnect to the ERCOT electric grid |
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without one of the following: |
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(1) the renewable energy generation facility or energy |
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storage facility obtains approval by the commission under this |
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subchapter; or |
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(2) the commission by order approves the |
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interconnection of the renewable energy generation facility or |
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energy storage facility. |
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(c) The commission shall approve, deny, or approve with |
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conditions each application for interconnection of a renewable |
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energy generation facility or energy storage facility through a |
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contested case proceeding on a nondiscriminatory basis after |
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considering: |
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(1) existing renewable energy generation facilities |
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in the area; |
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(2) existing agricultural and recreational land uses; |
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(3) environmental and species impact; |
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(4) historical and aesthetic values; |
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(5) appropriate setbacks from existing development; |
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and |
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(6) any other factor the commission deems appropriate. |
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(d) An application submitted under this section must |
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include: |
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(1) any recommendations provided by the Texas |
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Commission on Environmental Quality and the Texas Parks and |
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Wildlife Department; |
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(2) a plan of action for responding to state agency |
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recommendations prior to and during construction; and |
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(3) for battery energy storage facilities, a fire |
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mitigation plan that provides for: |
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(A) emergency vehicle access; |
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(B) fire mitigation procedures; and |
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(C) ingress and egress plans during a fire event. |
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Sec. 35.203. DEADLINE FOR DECISION. The commission must |
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approve, deny, or approve with conditions an application not later |
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than the 180th day after the date the application is filed or it is |
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deemed approved. |
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SECTION 2. This Act takes effect September 1, 2025. |