Breaking down SB 819; Bill would set new requirements, setbacks for wind/solar projects
Texas lawmakers are debating new regulations on green energy that could hamper development of solar and wind projects – and if enacted only a few years ago, could have hampered the 330-acre solar farm outside of Gainesville.
Based on conservative estimates, the Rippey Solar Project, completed in 2020, generates enough electricity to power more than 10,000 homes during peak demand and has provided Cooke County with $6.8 million in local tax dollars.
The Texas Senate passed Senate Bill 819, which proposes sweeping changes to how large solar and wind projects are approved. The bill, now pending in the House, would set new statewide permitting requirements, construction setbacks, environmental reviews and public notice mandates on large wind and solar projects.
Currently Texas derives almost 30% of its energy from wind and solar. In addition to population growth and hotter weather, the state is also attracting data centers and other mega energy users, which has led forecasters to project that the demand for energy will almost double by 2030.
While Texas is one of the national leaders in green energy, some Republican lawmakers want to slow its progress, saying that growth is occurring at an uncontrolled rate and harming Texas’s natural landscapes.
“We feel like it’s kind of like the Wild West right now,” said Texas Wildlife Association Executive Director Justin Dreibelbis, who supports the bill. “There’s very little environmental oversight, and not a whole lot of public notice requirements.”
Opponents of the bill, ranging from solar developers to environmental conservation advocates, call it hypocritical and warn it could slow down Texas’s booming renewable energy economy at a critical time.
Stephen Perkins, the acting CEO of the American Conservation Coalition, a conservative environmental group, said now is the wrong time to curtail energy production.
“This is punishing landowners and free enterprise by singling out renewables with red tape that no other energy sources are going to face,” Perkins said.
What would SB 819 do?
Currently, Texas does not require centralized state permitting for renewable energy projects. Under SB 819, utility-scale developments producing more than 10 megawatts would face a series of new hurdles: submitting detailed site plans, undergoing environmental reviews and holding public hearings before breaking ground.
The bill adds setback requirements. Solar farms would have to keep at least 100 feet from neighboring property lines and 200 feet from any homes, unless neighboring landowners agree otherwise. Wind turbines would need even greater buffers: double the height of the turbine from the nearest property line.
Sen. Lois Kolkhorst, R-Brenham, author of the proposal, advanced a similar bill last session, which passed the Senate but failed to get through the House.
Some rural Texans who see green energy developments popping up over their neighborhood said those changes feel necessary.
Laurie Dihle, a Mount Vernon landowner and member of the Franklin County Environmental Group, told lawmakers that her family’s 150-acre property is productive land, that is “our home, our sanctuary and a part of who we are.”
“Once it’s covered in [solar] panels, that legacy is lost,” Dihle said.
Property rights
Both sides of the debate have argued they are respecting Texas’s deep-rooted sense of private property rights.
Supporters said they want their land protected from large, industrial-scale developments encroaching near their property. Critics believe the proposal would unfairly restrict their right to lease their land for solar or wind projects, while imposing no similar hurdles on oil and gas operations.
In the hearing, Aaron Gregory of Norman, Oklahoma, who described himself as deeply conservative and an owner of oil and gas wells, told lawmakers the bill amounted to “a direct attack on private rights, free enterprise and Texas energy leadership.”
“Texans should be able to lease land for solar and wind use without facing excessive government interference,” Gregory said.
The proposal comes at a time when the solar market is booming and competition with countries like China, are high.
“We are in an energy race,” said Perkins, the head of the conservation coalition, adding the United States should be a major exporter of energy.
“We need more energy right now, not less,” he said.
In 2022, the U.S. Congress gave subsidies and tax breaks to boost renewable energy developments, especially in wind and solar.
A study done by the Solar Energy Industries Association showed that solar projects have added $30 billion to the state economy, largely benefitting rural communities where wind and solar farms have been developed.
Daniel Giese, with the solar industries group, said the proposed bill would hinder new energy development.
“It’s just that we need an all the above approach to energy for our state to continue succeeding, to keep the Texas miracle going,” Giese said.
“The good thing about solar and storage is it’s quick to put on the grid. So we know how fast they’re moving here, that demand has to be met somehow,” he said.
The Environment
Environmental advocates say slowing renewable energy development could worsen climate threats already affecting Texas.
Lisa Gonzalez, executive director of Audubon Texas, which opposes the bill, warned that two-thirds of North American bird species are now at risk of extinction due to climate change.
“We’re experiencing drought, we’re experiencing floods, we’re experiencing stronger storms here,” Gonzalez said. “We settled on the work of supporting responsibly cited renewable energy.”
Gonzalez acknowledged wind turbines can harm some birds, but the solar and wind projects more than offset those harms with environmental upsides. In addition, many green projects utilize conservation elements and pollinator habitats.
“It’s not a choice between clean energy and nature, we can and must do both,” she said.