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Spotlight

All Eyes Are On Texas as Anti-Renewables Bills Advance

Plus, what a Texas energy veteran thinks is behind the surprising turn against solar and wind.

Texas statehouse.
Heatmap Illustration/Getty Images

I couldn’t have a single conversation with a developer this week without talking about Texas.

In case you’re unaware, the Texas Senate two days ago passed legislation — SB 819 — that would require all solar and wind projects over 10 megawatts to receive a certification from the state Public Utilities Commission — a process fossil fuel generation doesn’t have to go through. The bill, which one renewables group CEO testified would “kill” the industry in Texas, was approved by the legislature’s GOP majority despite a large number of landowners and ranchers testifying against the bill, an ongoing solar and wind boom in the state, and a need to quickly provide energy to Texas’ growing number of data centers and battery manufacturing facilities.

But that’s not all: On the same day, the Texas Senate Business and Commerce Committee approved a bill — SB 715 — that would target solar and wind by requiring generation facilities to be able to produce power whenever called upon by grid operators or otherwise pay a fine. Critics of the bill, which as written does not differentiate between new and existing facilities, say it could constrain the growth of Texas’ energy grid, not to mention impose penalties on solar and wind facilities that lack sufficient energy storage on site.

Renewable energy trades are in freak-out mode, mobilizing to try and scuttlebutt bills that could stifle what otherwise would be a perfect state for the sector. As we’ve previously explained, a big reason why Texas is so good for development is because, despite its ruby red nature, there is scant regulation letting towns or counties get in the way of energy development generally.

Seeking to best understand why anti-renewables bills are sailing through the Lone Star State, I phoned Doug Lewin, a Texas energy sector veteran, on the morning of the votes in the Texas Senate. Lewin said he believes that unlike other circumstances we’ve written about, like Oklahoma and Arizona, there really isn’t a groundswell of Texans against renewable energy development. This aligns with our data in Heatmap Pro, which shows 76% of counties being more welcoming than average to a utility-scale wind or solar farm. This is seen even in the author of the 24/7 power bill – state Senator Kevin Sparks – who represents the city of Midland, which is in a county that Heatmap Pro modeling indicates has a low risk of opposition. The Midland area is home to several wind and solar projects; German renewables giant RWE last month announced it would expand into the county to power oil and gas extraction with renewables.

But Lewin told me there’s another factor: He believes the legislation is largely motivated by legislators’ conservative voters suffering from a “misinformation” and “algorithm” problem. It’s their information diets, he believes, which are producing fears about the environmental impacts of developing renewable energy.

“He’s actively working against the interests of his district,” Lewin said of Sparks. “It’s algorithms. I don’t know what folks think is going on. People are just getting a lot of bad information.”

One prominent example came from a hailstorm during Hurricane Uri last year. Ice rocks described like golfballs rained down upon south-east Texas, striking, among other things, a utility-scale solar farm called Fighting Jays overseen by Copenhagen Infrastructure Partners. The incident went viral on Facebook and was seized upon by large conservative advocacy organizations including the Competitive Enterprise Institute.

What’s next? Honestly, the only thing standing between these bills and becoming law is a sliver of hope in the renewables world that the millions of dollars flowing into Texas House members’ districts via project investments and tax benefits outweigh the conservative cultural animus against their product. But if the past is prologue, things aren’t looking great.

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Q&A

How Has the Rise of AI Changed the Odds of a Permitting Deal?

Catching up with the American Council on Renewable Energy’s Ray Long.

Ray Long.
Heatmap Illustration/Getty Images

Today’s chat is with Ray Long, CEO of the American Council on Renewable Energy. We first discussed the odds of permitting reform a year and a half ago, for one of the first Q&As in The Fight. Flash forward and we’re still in the same situation, but now also wrestling with added demand for electricity to power data centers. I wanted to talk again about whether he thought the rise of artificial intelligence would increase the odds of some federal deal happening any time soon. The result: a wide-reaching conversation about the future of the electric grid, the struggles to win community buy-in and the sclerotic nature of the U.S. Congress.

The following conversation was lightly edited for clarity.

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Hotspots

Ohio Is Waging a Multi-Front Assault Against Data Centers

Plus more of week’s biggest development fights.

The United States.
Heatmap Illustration/Getty Images

1. Ohio — This state might just be the most important flashpoint in the national fight over advanced energy and tech infrastructure.

  • Ohio is now home to one of the fiercest retaliatory strikes against the data center sector from a statewide elected Republican. Last week, Governor Mike DeWine said he was pausing access to the state’s tax exemption request program for all data centers (sans two projects that squeaked in under the wire).
  • In the state legislature, a new select committee on data center development got an earful from aggrieved anti-data center voices this week at their only hearing for public comment. Legislation and regulation feels all but inevitable. As lawmakers debate potential legislation, grassroots organizers opposed to development are gathering signatures in hope of landing a moratorium vote on the ballot this November.
  • Meanwhile, the state Supreme Court struck down permits for the biggest solar project in the state: Oak Run, a large agri-voltaics project backed by a Shell subsidiary.
  • As I previously wrote, the court challenge against Oak Run was a potential harbinger of the extent local opposition would be considered a proxy for “the public interest,” a legal term of art crucial to state energy and power permitting.
  • In a decision overruling the Ohio Power Siting Board, justices wrote the board’s “rationale” on this public interest question “misses the mark” because it failed to include photos or sketches addressing visual concerns raised by locals. The board will now have to reconsider Oak Run and compel new analysis specific to surrounding sightlines.
  • Conflict over large industrial development in Ohio was eminently predictable. Heatmap’s polling and modeling has consistently shown an Obama-Trump voting flip like the one Ohio landed in 2016 as a predictor for potential opposition to building renewable energy. Same goes for the fight over development on farmland — and Ohio is flush with prospective ag property. Knowing renewables-hostile areas are harder for data centers, this would be a likely no-go zone for developers if it wasn’t for existing fiber-optic cable networks.

2. Laramie County, Wyoming — The Cowboy State’s capital city is one of the few to reject a data center moratorium. But tech companies. don’t get your hopes up too high.

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Spotlight

Most Americans Want a National Data Center Moratorium

Politicians, take note.

Data center protesters.
Heatmap Illustration/Getty Images

The national AI data center moratorium has momentum.

As I’ve been documenting for months here at The Fight, data center opposition is surging across the country. Our latest Heatmap Pro poll, conducted by Embold Research, puts some very hard numbers behind that picture. More than 7 in 10 Americans oppose new data center construction near where they live, up from just over 4 in 10 last fall. Part of what’s driving that opposition: More than half of respondents hold data centers largely responsible for rising electricity prices, and nearly half are pessimistic about the effect artificial intelligence will have on their lives.

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