Patterson Bill Deems Undecided Renewable Applications Approved After 180 Days

The text as introduced · 404 words

By: Patterson
H.B. No. 5482

A BILL TO BE ENTITLED

AN ACT

relating to renewable energy generation and energy storage

facilities.

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 AND STORAGE FACILITY

APPROVAL

Sec. 35.201. DEFINITIONS. In this subchapter:

(1) "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.

(2) "Energy storage facility" means a battery energy

storage resource.

Sec. 35.202. APPLICATION. (a) On or before September 1,

2026, the commission shall establish a rule to create a process for

renewable energy generation facility or energy storage facility

applications and for the provision of public notice of the

application to state agencies, local landowners, and county and

municipal officials.

(b) A renewable energy generation facility or energy

storage facility may not interconnect to the ERCOT electric grid

without one of the following:

(1) the renewable energy generation facility or energy

storage facility obtains approval by the commission under this

subchapter; or

(2) the commission by order approves the

interconnection of the renewable energy generation facility or

energy storage facility.

(c) The commission shall approve, deny, or approve with

conditions each application for interconnection of a renewable

energy generation facility or energy storage facility through a

contested case proceeding on a nondiscriminatory basis after

considering:

(1) existing renewable energy generation facilities

in the area;

(2) existing agricultural and recreational land uses;

(3) environmental and species impact;

(4) historical and aesthetic values;

(5) appropriate setbacks from existing development;

and

(6) any other factor the commission deems appropriate.

(d) An application submitted under this section must

include:

(1) any recommendations provided by the Texas

Commission on Environmental Quality and the Texas Parks and

Wildlife Department;

(2) a plan of action for responding to state agency

recommendations prior to and during construction; and

(3) for battery energy storage facilities, 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.

Sec. 35.203. DEADLINE FOR DECISION. The commission must

approve, deny, or approve with conditions an application not later

than the 180th day after the date the application is filed or it is

deemed approved.

SECTION 2. This Act takes effect September 1, 2025.