Texas Legislators Propose Onerous Permitting Requirements For Wind And Solar Renewable Energy Facilities

Introduction

Historically, Texas has maintained relatively relaxed permitting requirements for energy generating facilities compared to other states. In recent years, state and federal subsidies, coupled with this favorable regulatory climate, have spurred growth in renewable electricity generation in Texas. Texas is the nation's largest net generator of electricity. The Electric Reliability Council of Texas (ERCOT), the state's electric grid operator,  reported that electricity generated by solar and wind accounted for 28 percent of all energy use in Texas in 2021.

In spite of this promising outlook for solar and wind renewable energy generation in Texas, companion bills proposed in the state's legislature earlier this year –  House Bill 3707 and  Senate Bill 624 – now threaten to undermine the growth of wind and solar energy production in the state and thereby, more broadly, the federal goals for renewable energy investment and greenhouse gas emission