Texas lawmakers look to regulate, bring reliability to wind and solar energy

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Rep. Jim Murphy | File Photo

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A bundle of legislation is moving through Austin with a common theme: renewable energy. 

Lawmakers kept busy the past two months considering six different bills from the House and Senate, all focused on Texas' renewable energy future. 

Last month, the House Ways and Means Committee passed House Bills 1556 and 4242; HB 1556 was introduced by Rep. Jim Murphy (R-Houston) and 4242 by Rep. Morgan Meyer (R-Dallas). Both proposed legislations extend a tax incentive program allowing counties, cities and school districts to offer tax credits to wind and solar farms and other types of businesses. The program, Chapter 313, was originally set to expire in 2022. Murphy's HB 1556 would extend the program for 10 years, while Meyer's HB 424 would extend it to 2026. 

Meanwhile in the Senate, the Natural Resources and Economic Development Committee considered Senate Bill 1255 from Sen. Brian Birdwell (R-Granbury) — the Senate version of the House bills to extend Chapter 313. Birdwell's bill, however, would prohibit local governments from offering property tax abatements to renewable energy companies such as solar and wind farms. 

Sen. Kelly Hancock (R-North Richland Hills) has been working on legislation to prevent more of the rolling blackouts Texas experienced during Winter Storm Uri. SB 1278 by Hancock passed the Texas Senate on April 14 and was referred to the House Committee on State Affairs on April 19. SB 1278 would require renewable energy generators to pay for the cost of acquiring electricity from other sources when they fail to produce electricity for the grid due to unfavorable weather. Called ancillary services, these costs are currently paid for by Texas consumers.

Hancock amended language from Senate Bill 1278 into Senate Bill 3, a proposal to require "intermittent generation resources in the ERCOT power region to purchase ancillary services and replacement power sufficient to manage net load variability." The purpose of the bill is to support power from wind and solar farms in periods of high consumer demand, such as cold winter nights and the hottest days in late summer. 

In mid-March, Sen. Drew Springer (R-Muenster) introduced his own renewable energy legislation. Senate Bill 1003 proposes new requirements for the placement of wind turbines to protect the neighbors of property owners participating in wind farms. The Senate Business and Commerce Committee heard the bill but left it pending. 

Rep. Eddie Morales (D-Eagle Pass) added renewal energy legislation for consideration. House Bill 623, which stalled pending in the House State Affairs committee, would have restricted wind farm construction to certain areas in certain counties. 

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