A multitude of energy-related bills have been filed in the 89th Texas Legislative Session, but one particular bill has gained notoriety rarely seen amongst energy bills. Senator Lois Kolkhorst’s Senate Bill 819 has triggered significant backlash from a variety of opponents due to the widespread negative consequences it would have for the state. If passed, the bill would place stringent restrictions on large-scale wind and solar generation, applying to all wind and solar facilities exceeding 10 MW generating capacity.
The latest version of SB 819 stipulates that applications for the interconnection of these facilities to the grid are to be permitted unless the Public Utility Commission of Texas (PUC) decides that the harm “substantially outweighs” the benefit of installing the facility. To be approved, solar arrays must be sited at least 100 feet from property lines and 200 feet from homes. Wind turbines must be sited at least the distance of twice the turbine’s height, including the blades, from property lines.
The required setbacks are certain to curtail new wind and solar development in Texas because they greatly restrict where renewable projects could be built, ignoring the unique characteristics of individual applications. They would also limit the expansion of existing facilities. Furthermore, the proposed circumstances under which the PUC could reject an application are both arbitrary and vague, leaving applicants at the mercy of the Commission and creating potential for discriminatory decision-making. And in addition to negatively impacting the application process, the bill’s strict regulations would dissuade investors from financing projects that could be rejected on a whim. In short, SB 819 would effectively bring the booming renewables industry in Texas to a screeching halt.
Passage of this bill would result in a host of undesirable impacts for Texans. Firstly, it would have worrisome implications for the power grid. ERCOT’s growth breakdown from the fall of 2024 forecasted summer peak load to double by 2030, an increase from last summer’s peak 86 GW to 148 GW. More recently, ERCOT’s monthly update for March 2025 revised the 2030 forecast to a staggering 208 GW. To meet this demand, Texas must construct new generation from a variety of sources rapidly enough that the generators can be operating smoothly by the summer of 2030.
ERCOT is planning to add 63 GW of new utility-scale generating capacity to its portfolio in 2025, with solar comprising 52% of the energy and wind comprising another 12%. From there, renewables are expected to become even more dominant in the state. The U.S. Energy Information Administration (EIA) projects wind and solar generating capacity in Texas to double by 2035, which demonstrates the pivotal role renewables will play in meeting rising energy demand. If SB 819 passes, the legislation will thwart existing plans for projects, forcing developers to choose between starting over at a different site or dropping the project completely. At the same time, many investors will balk at the newly instituted requirements and withdraw funding from the projects. These scenarios will result in the abandonment of a large percentage of planned and future projects, making it very difficult for ERCOT to meet growing demand.
Moreover, SB 819 would be economically detrimental to Texans. Rural landowners – ironically the very people Senator Kolkhorst is claiming the bill would protect – would be immediately affected. An example of this was brought forward by a Panhandle rancher in the bill’s Senate committee hearing. In his testimony, the man explained that his native Armstrong County’s sole source of revenue is wind and solar farms. Energy consultant Doug Lewin found that already built and expected projects in Armstrong County will bring over $100 million of revenue to the county throughout their spans of operation, benefiting both local landowners and schools. This rancher’s testimony highlights the importance of renewables to rural areas of the state where resources are scarce and shows that SB 819 would drain these communities of income. As another rancher and farmer said while giving his testimony, “We don’t need to be punishing the small counties because we don’t have oil and gas. This is the only revenue we’ve got since 1900, and that was the railroad track.”
Rural communities would not be the only Texans to suffer, however, as the economic harm caused by the legislation would extend to the entire state. In total, Texas’ existing and planned renewable energy and storage projects will generate nearly $50 billion in lifetime tax revenue and landowner payments, contributing substantially to the state’s economy. SB 819 would therefore stifle the growth of a crucial sector of the Texas economy, unfairly penalizing citizens by blocking a major source of revenue. Additionally, former Texas Land Commissioner Jerry Patterson warned in his testimony against the bill that restricting renewables would drive up electricity prices. In the past two years, renewables have saved Texans around $11 billion on their electric bills, so by restricting renewable growth, SB 819 would increase energy costs for consumers.
In summary, SB 819 would enforce significant siting setbacks and allow the PUC to arbitrarily discriminate against renewable technology while deterring subsequent investment into renewable projects. Instead of protecting Texans as it purports to do, this bill would endanger the power grid, threaten rural livelihoods, flatten economic growth, and raise utility bills. Thus, to use Senator Kolkhorst’s own language, it is abundantly clear that the harms of the bill’s provisions “substantially outweigh” the benefits.
Pictured: Senate Committee hearing for SB 819 with Senator Lois Kolkhorst (right)
TXSES intern Elle Nicholson gave a virtual presentation to TXSES local chapter North Texas Renewable Energy Group (NTREG) about “Renewables in the 89th Texas Legislative Session,” during their April 2025 monthly meeting. Her overview of legislation currently winding its way through the Texas legislature provided insight into several pieces of legislation and their potential affects on renewables and the solar industry—some good and many not-so-good.
See the accompanying Renewable Energy Bill Tracking List for proposed renewable energy legislation, the legislators sponsoring each bill, and links to the bills as submitted.
Battery energy storage systems, commonly referred to as BESS, have quickly become an invaluable tool in the energy industry, for both utilities and small-scale applications alike. The systems work by drawing energy from the grid (or a localized power source), storing the charge, and later releasing it to provide electricity or other grid services as needed.1 Typically, BESS charge when energy is cheap and demand is low, and then discharge the stored energy when demand and prices are higher.2 At the residential level, BESS connect to the homeowner’s distribution system, drawing energy from solar panels interconnected to the system. This allows homeowners to control when excess solar energy is sent back to the power grid or to store it for when the home’s demand is highest.
The ability to “island” a home in this manner provides increased resiliency for homeowners during instances of grid failure.3 For example, during last summer’s Hurricane Beryl, thousands of Houston residents who had previously installed a combination of solar panels and battery storage were able to take advantage of their BESS technology to retain electrical power throughout the course of the citywide outage.4 Many were even able to use extension cords to power several of their neighbors’ basic appliances, demonstrating the resiliency that BESS can bring to neighborhoods.5
Similarly, BESS can improve grid resiliency, as evidenced during 2021’s Winter Storm Uri. Bandera Electric Cooperative, a cooperative located in the Texas Hill Country, has been a pioneer of BESS for several years. During the storm, the cooperative signaled its battery users to discharge their stored energy,6 powering parts of the community while reducing pressure on backup generators.7 The procedure ended up saving Bandera around $43,000, showing the important role BESS can play in grid resiliency.
BESS also can deliver financial benefits, depending on whether a customer’s utility allows such options. The technology can perform peak shaving and load shifting to lower homeowners’ electric bills by discharging when demand and costs are high.8 Doing so helps users avoid the high costs associated with peak usage times while ensuring more energy is available throughout the distribution grid, thus lowering costs for all utility clients. This has the added benefit of reducing grid strain, especially during the hottest days of summer. Additionally, homeowners can potentially sell excess energy from BESS in the state’s pilot aggregate distributed energy resource (ADER) program. The program, currently capped at 80MW, relies on battery storage as a core component.9 It uses an automated response system to follow ERCOT instructions, allowing participating customers to sell surplus power to the grid upon signal. However, for an individual to take part in the ADER, their utility must already be a participant.
When compared to traditional backup generators, battery storage systems have higher upfront costs but save more money in the long run. A previous report from Texas Solar Energy Society comparing the costs of solar and storage with traditional generators found that solar storage systems’ upfront costs fall within the $8,500-$10,000 per unit range.10 Generators range from $1,000-$7,000 per unit, making them initially cheaper, but they have higher operational costs due to refueling and maintenance requirements. An average propane generator would cost $20,000 in fuel and $1,000 in maintenance over a ten-year period.11 In comparison, a lithium-ion residential BESS costs about $50 per kW annually to operate and maintain.12 For a Tesla Powerwall, this would equate to around $6,800 over a ten-year period, saving consumers a substantial amount of money. Moreover, since BESS facilitates consumption of solar energy in lieu of grid electricity, customers enjoy reduced utility bills. Thus, homeowners pay more in the long run for generators than they do for batteries despite the difference in upfront costs.
The resilience and financial benefits of BESS have made them an appealing option for solar customers across Texas, and the energy industry has been rapidly expanding their battery offerings with numerous brands to choose from. Solar installers have also expanded their service offerings so that customers can use the same installer for BESS that they selected for their solar installation. In conclusion, due to its benefits and the variety of options available, battery storage has become one of the energy industry’s most exciting innovations.
TXSES is working on a new regulatory development that should improve the solar installation process for homeowners and smaller companies in Texas, if implemented. As distributed energy has increased in popularity throughout the state, the Public Utility Commission of Texas’ (PUC) rules for connecting distributed energy resources (DER)—small-scale energy sources like solar panels and battery storage—to the grid have not kept up. Current regulations were created years ago and meant mostly for large-scale solar installations. Their requirements often hinder the interconnection process for smaller-scale solar and make interconnection needlessly difficult, holding small- and large-scale DER to the same regulatory requirements despite operating at very different levels. TXSES is working to develop language for the PUC for two new rulings intended to streamline the interconnection process for small-scale solar by distinguishing them from large-scale systems.
The new rules, intended to be implemented in 2025, are designed to save customers time and money. One will specifically address installations of 50kW and smaller (residential) and the other will target installations 50kW-2500kW (small to mid-size commercial). These should simplify the process for homeowners and small to mid-size businesses. The rulings will also cover community solar projects of these sizes and include residential-scale battery storage for the first time. By omitting unnecessary requirements and speeding up interconnection of small-scale DER, the rulings are expected to save customers money and allow them to begin reaping the benefits of distributed energy sooner.
Examination of the existing regulation, substantive rules 25.211 and 25.212, reveals why such a solution is beneficial. The rules apply broadly to any installation under 10MW connecting to the distribution grid. As of now, if application of a specific requirement seems inappropriate for a proposed DER system, customers only have two options. They or their installer can either agree with their utility on different requirements or petition the PUC for a good cause exception. Both options are complicated and time-consuming, meaning smaller customers often end up complying with unnecessary measures.
Examples of such measures include pre-interconnection studies, required communications, protective equipment, and approval timelines. In the status quo, utilities can mandate pre-interconnection studies for all customers – fees are prohibited for small-scale DER, but the study itself is not. The study can take up to four weeks, slowing down proceedings and costing utilities and customers alike more money. Additionally, customers must provide the utility with “detailed information” concerning proposed systems. Rule 25.211 specifies such communications are subject to PUC rules 25.84, 25.272, and 25.273, none of which directly correlate to DER. This muddles communications and further convolutes the interconnection process.
Furthermore, rule 25.212 requires all DER to include protective equipment to prevent tripping of utility system breakers. Small-scale distributed resources produce too low wattage to trip high-voltage utility breakers, so this measure is excessive and adds unneeded costs. Finally, the stipulated timeframe for interconnection is four to six weeks from a utility’s receipt of a completed application and two weeks’ notice for startup testing. Enforcing the same timeline for a simple residential system as a large commercial system is illogical. These examples demonstrate why holding small DER to the same requirements as large DER creates unnecessary hurdles which lengthen and complicate the interconnection process. TXSES anticipates that its collaboration with the PUC to create separate rulings will correct these problems, thereby making interconnection faster and cheaper for small-scale DER customers.
Data centers are on the rise in Texas due to a variety of technologies. The foundations of the internet run on data centers, as do artificial intelligence (AI) and cryptocurrency mines, all of which are booming. Since data centers require copious amounts of energy for operation, they are drastically increasing levels of energy consumption for the state. Electric Reliability Council of Texas (ERCOT) CEO Pablo Vegas expressed concerns about this in a June testimony for the Texas Senate Committee on Business and Commerce, saying data centers could be responsible for about half of the added growth projected for Texas by 2030.
Texas is currently home to 342 data centers which together constantly require 7.597 gigawatts of power. For comparison, ERCOT’s 2024 energy load forecast estimates peak summer grid load at 86 gigawatts. This means as of 2024, data centers are consuming at minimum 8.8% of the state’s power—and this percentage is only going to grow in subsequent years.
On October 1st, the Texas Senate Committee on Business and Commerce met to hear invited testimony on the topic of “Managing Texas Sized Growth.” Vegas was the representative for ERCOT and presented a graph of ERCOT’s Contract and Officer Letter Growth Breakdown for 2024–2030. The graph showed summer peak load skyrocketing from the current 86 gigawatts to 148 gigawatts in 2030, and while exact figures were not given, data centers and cryptocurrency mines appeared to comprise roughly half of this growth.
The increase the ERCOT graph predicts for peak demand load could have worrying implications for the grid if growth is not carefully managed. The chief development officer for Skybox Data Centers, a corporation owning 1 gigawatt worth of data centers in Texas, recognized the need for data center alignment with the grid during his testimony in the October 1st committee hearing. He stated that Skybox is working closely with utilities to preserve this alignment.
Data centers and grid operators alike have been searching for ways to manage such growth. One potential solution is offsetting energy costs by financing new renewable sources. Data center operators tend to do this through behind-the-meter power purchase agreements (PPAs), where they sign agreements to source electricity from solar farms, wind plants, etc. in which they have invested instead of drawing it from the grid. For example, Amazon’s Solar Farm Texas Outpost is a 500-megawatt project financed by the tech giant that will supply renewable power to their data centers. This arrangement provides reliable power at a competitive cost without the hassle of owning the generation, all while adding necessary generation capacity to the grid.
Grid operators have also been exploring solutions to growth management. One possible answer lies within the data centers themselves. AI technology’s capability to perform demand forecasting means it can assist with load shifting, peak shaving, and anticipation of grid issues. Google has harnessed AI for these tasks and consequently saw the financial value of its wind power increase by 20%. Similarly, the Midcontinent Independent System Operator (MISO), which runs the Midwestern section of the U.S. grid, has been testing an AI model for potential integration into its system. The model optimizes grid operators’ daily planning, and MISO found that their calculations could be done 12 times faster with AI. In these ways, grid operators can maximize efficiency and cost-effectiveness to paradoxically reduce the capacity concerns data centers cause. Data centers will continue to grow explosively in Texas, so growth management methods such as these are likely to become increasingly relevant.
