H.B. No. 3228 amends the Texas Utilities Code to establish new requirements for lease agreements related to wind and solar power facilities. The bill introduces a definition for "Recycle," which refers to the processing of items to recover usable products. It expands the definitions of "wind power facility" and "solar power facility" to include specific components and support equipment, such as energy storage facilities. Additionally, the bill mandates that agreements for both types of facilities must include provisions requiring the grantee to collect, reuse, or recycle components that can be recycled, and to properly dispose of those that cannot, in accordance with applicable laws.

Furthermore, the bill stipulates that grantees must provide financial assurance to landowners to cover the costs associated with the removal, recycling, or disposal of facility components, as well as restoring the property to its original condition. This financial assurance must be based on estimates from independent, licensed professional engineers and must be updated regularly. The bill applies only to agreements entered into after its effective date of September 1, 2025, ensuring that existing agreements remain governed by the previous law.

Statutes affected:
Introduced: Utilities Code 301.0001, Utilities Code 301.0003, Utilities Code 301.0004, Utilities Code 302.0001, Utilities Code 302.0004, Utilities Code 302.0005 (Utilities Code 302, Utilities Code 301)
House Committee Report: Utilities Code 301.0001, Utilities Code 301.0003, Utilities Code 301.0004, Utilities Code 302.0001, Utilities Code 302.0004, Utilities Code 302.0005 (Utilities Code 302, Utilities Code 301)
Engrossed: Utilities Code 301.0001, Utilities Code 301.0003, Utilities Code 301.0004, Utilities Code 302.0001, Utilities Code 302.0004, Utilities Code 302.0005 (Utilities Code 302, Utilities Code 301)
Senate Committee Report: Utilities Code 301.0001, Utilities Code 301.0003, Utilities Code 301.0004, Utilities Code 302.0001, Utilities Code 302.0004, Utilities Code 302.0005 (Utilities Code 302, Utilities Code 301)
Enrolled: Utilities Code 301.0001, Utilities Code 301.0003, Utilities Code 301.0004, Utilities Code 302.0001, Utilities Code 302.0004, Utilities Code 302.0005 (Utilities Code 302, Utilities Code 301)