Bill > SB1478

This bill establishes comprehensive regulations for the removal of power facilities operated on leased property, including wind, solar, electric energy storage, and other renewable power facilities. The legislation transfers existing wind power facility regulations from the Utilities Code to the Health and Safety Code and expands the scope to cover multiple types of power generation facilities. The bill requires lease agreements to include detailed provisions for facility removal, specifying that the grantee (facility operator) is responsible for safely removing all equipment, foundations, and infrastructure to a depth of at least three feet below ground surface, and restoring the land as close as possible to its original condition. The bill mandates that grantees obtain financial assurance (such as a bond) to cover removal costs, with the amount determined by an independent engineer and updated every five years. The Texas Commission on Environmental Quality is given authority to oversee the financial assurance process, including the ability to approve or disapprove the release of financial assurance and potentially forfeit it if the grantee fails to complete required removal work. Additionally, the bill provides that facilities must be intended to provide wholesale energy services to a power grid, and establishes provisions for landowner requests and potential remedies if removal obligations are not met.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB1478