McLaughlin Bill Bars State Incentives For Solar And Wind

The text as introduced · 753 words

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.