Texas has long been known for its light-touch regulatory regime, particularly towards the energy industry, but in the current legislative session state lawmakers are considering legislation that would require state permits for the construction and operation exclusively of wind and solar energy projects. S.B. 624 (Kolkhorst & Middleton) and its companion, H.B. 3707 (Patterson), would require all wind and solar energy facilities in Texas - including those already operating or under construction – to apply for permits from the Public Utilities Commission (“Commission”), subject to far-reaching notice, environmental assessment and public hearing requirements. This seismic shift in Texas’ approach to regulation of the energy industry is necessary, according to the proposed legislation, by the public interest in protecting the wildlife, water and land of the state against the impacts of renewable energy generating facilities.
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