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.