TITLE: Relating to renewable energy generation and energy storage facilities.

SUMMARY: Relating to renewable energy generation and energy storage facilities.

FULL TEXT:
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 Fto 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.