SB1979 - Relating to renewable energy generation facilities; authorizing fees.

      By: Hall S.B. No. 1979               A BILL TO BE ENTITLED   AN ACT   relating to renewable energy generation facilities; authorizing   fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 15, Utilities Code, is   amended by adding Section 15.053 to read as follows:           Sec.   15.053.     COMPLAINT REGARDING RENEWABLE ENERGY   GENERATION FACILITIES. (a) An affected person may complain to the   commission in writing setting forth an act or omission by an owner   or operator of renewable generation in violation or claimed   violation of Subchapter F, Chapter 35.           (b)     The commission shall keep for a reasonable period an   information file about each complaint filed with the commission   relating to an owner or operator of battery energy storage.           (c)     The commission, at least quarterly and until final   disposition of the written complaint, shall notify the parties to   the complaint of the status of the complaint unless the notice would   jeopardize an undercover investigation.          SECTION 2.  Chapter 35, Utilities Code, is amended by adding   Subchapter F to read as follows:   SUBCHAPTER F. RENEWABLE ENERGY GENERATION FACILITY PERMIT           Sec.   35.201.     DEFINITIONS; APPLICABILITY. (a) In this   subchapter:                 (1)     "Battery energy storage facility" includes a   facility or equipment used to support the operation of battery   energy storage, including an underground or aboveground electrical   transmission or communications line, an electric transformer,   telecommunications equipment, a road, a meteorological tower, or a   maintenance yard.                 (2)     "Battery energy storage facility agreement" means   a lease agreement between a grantee and a landowner that authorizes   the grantee to operate a battery energy storage facility on the   leased property.                 (3)  "Grantee" means a person who:                       (A)  leases property from a landowner; and                       (B)     operates a battery energy storage facility on   the property.                 (4)     "Permit holder" means a person who holds a permit   issued under this subchapter.                 (5)     "Person" includes an electric cooperative and a   municipally owned utility.                 (6)     "Renewable energy generation facility" for   purposes of this chapter means:                       (A)     a wind power facility as defined by Section   301.0001;                       (B)     a solar power facility as defined by Section   302.0001;                         (C)  a battery energy storage facility; or                       (D)     a facility that generates electric energy   using a renewable energy technology, as defined by Section 39.916,   Utilities Code, other than a technology that relies exclusively on   wind or solar energy.           (b)     The permit requirements of this subchapter apply to a   renewable energy generation facility regardless of whether the   facility is the subject of a facility agreement entered into under   Chapter 301 or 302 or this subchapter.           (c)     This subchapter applies only to a renewable energy   generation facility that is intended to be used to sell energy or   ancillary services at wholesale.           Sec.   35.202.     PERMIT REQUIRED. (a) A person may not   interconnect a renewable energy generation facility to a   transmission facility unless the person holds a permit to operate a   renewable energy generation facility issued by the commission under   this subchapter.           (b)     The commission by rule shall require each permitted   renewable energy generation facility to be installed only in a   location that:                 (1)  for a solar power facility, is at least:                       (A)     500 feet from any property line, unless the   permit holder has obtained a written waiver from each owner of   property located less than 500 feet from the permitted facility;   and                       (B)     500 feet from any habitable structure, unless   the permit holder has obtained a written waiver from each owner of   the habitable structure;                 (2)     for a wind power facility, is at least twice the   height of the wind turbine, including the blades of the turbine,   from the property line of each property that borders the property on   which the permitted facility is located, unless the permit holder   has obtained a written waiver from each owner of property located in   the applicable area; and                 (3)     for a battery energy storage facility, is at   least:                       (A)     500 feet from any property line, unless the   permit holder has obtained a written waiver from each owner of   property located less than 500 feet from the permitted facility;   and                       (B)  500 feet from:                             (i)  public ways;                             (ii)  buildings;                             (iii)  stored combustible materials;                             (iv)  hazardous materials;                             (v)  high-piled stock; and                             (vi)     other exposure hazards not associated   with electrical grid infrastructure.           (c)     The commission by rule shall require each permitted   renewable energy generation facility to be installed only in a   location that, in the event of an emergency at the site of the   permitted renewable energy generation facility, will not block the   only access point to a residential area. If an emergency could block   access to a residential area, a different access point to the   facility must be constructed.           (d)     A person may apply for a permit under this subchapter by   filing with the commission:                 (1)     a description of the proposed location of the   renewable energy generation facility;                 (2)     a description of the type of renewable energy   generation facility;                 (3)     a statement identifying the fire department, as   defined by Section 419.021, Government Code, volunteer fire   department, fire marshal, or other first responder entity that may   reasonably be expected to be the primary first responder to a fire   at the location of the renewable energy generation facility;                 (4)     a statement that the person has provided written   notice to the entity identified in Subdivision (3) of the   applicant's intent to install a renewable energy generation   facility;                 (5)     evidence of insurance coverage sufficient to   insure against losses arising from the operation of the renewable   energy generation facility; and                 (6)  any other information required by commission rule.           (e)     When an application for a permit, or an amendment to a   permit issued under this section, is filed, the commission shall   give notice of the application to the county judge of the county in   which all or a majority of the renewable energy generation facility   is proposed to be located. The county shall publish the notice on   their website in perpetuity and, in accordance with Chapter 2051,   Government Code, in a newspaper for a minimum of three consecutive   days.             (f)     The commission may hold one or more public meetings on a   permit application in the county in which the renewable energy   generation facility is proposed to be located. The commission   shall hold a public meeting:                 (1)     on the request of a member of the legislature who   represents the area in which the renewable energy generation   facility is proposed to be located; or                 (2)     if the commission determines there is substantial   public interest in the proposed permit.           (g)     The commission by order or rule may delegate to the   executive director or another commission employee the authority to   hold a public meeting under this section.           (h)     The commission may approve an application for a permit   only if the commission finds that:                 (1)     issuance of the permit would not violate state or   federal law; and                 (2)     the location of the proposed renewable energy   generation facility complies with rules adopted under Subsections   (b) and (c).           (i)     The commission by rule shall adopt a fee to be imposed on   each permit applicant to cover costs associated with implementing   this section.           (j)  For purposes of this subchapter:                 (1)     a provision of Subchapter B or E, Chapter 14, that   authorizes the commission to regulate a public utility also applies   to a person required to obtain a permit under this section,   including an electric cooperative or a municipally owned utility;   and                 (2)     a reference in Chapter 15 to a person includes a   person required to obtain a permit under this section, including an   electric cooperative or a municipally owned utility.           Sec.   35.203.     FIRE SAFETY STANDARDS FOR BATTERY ENERGY   STORAGE. (a) The commission shall adopt and periodically update   fire safety standards and testing requirements for battery energy   storage operating under a permit issued under this subchapter. The   standards and requirements must be based on:                 (1)     model code requirements for battery energy storage   established by UL Solutions, such as UL 9540 and UL 9540A   performance criteria;                 (2) &#xA [Text truncated for display. Full text available on LegiScan.]