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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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Hotspots

People Who Hate Renewables Hate Data Centers, Too

And more thoughts on the week’s most notable fights around project development.

The United States.
Heatmap Illustration/Getty Images

1. Pinal County, Arizona – If you can’t build a solar or a wind farm somewhere, it’s really hard to get a data center built there too.

  • That’s the lesson readers should take away from the situation in Pinal County, where historically speaking at least 5 solar projects have been withdrawn over the years after facing local opposition, according to Heatmap Pro data. You should expect some data centers to potentially wind up in the same graveyard.
  • On Wednesday, the Pinal County Board of Supervisors rejected the La Osa Energy Center, a large proposed data center and gas-fired power complex. The board in this deep red rural desert community is rock-ribbed Republican. Only one supervisor on the board dissented, citing private property rights concerns.
  • The county currently has a restrictive ordinance against data center development unless they are in industrial areas, but has not yet approved a project since the ordinance was crafted, making this now a de facto no-go zone for developers. This went against the requests of the county zoning board, which recommended making the project site as industrial. If that pattern sounds familiar to you, that’s because you recognize it from the many cases we’ve seen in solar and wind development where political officials similarly override zoning staff.

2. St. Joseph County, Indiana – Thousands of miles away from Arizona, a similar division is dominating the fight over whether to enact a 2-year moratorium on data centers in the county home of South Bend.

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Q&A

What Nevada’s Democratic Candidate for Governor Would Do About Data Centers

A conversation with Nevada attorney general Aaron Ford

Aaron Ford.
Heatmap Illustration

This week’s conversation is with Nevada attorney general Aaron Ford, the Democratic candidate for governor in the state. His campaign reached out recently asking if I wanted to chat about what he’d want to do on data center and energy policy, which is essentially catnip for a reporter like me. So we hopped on the phone and chatted about his approach to regulation as he seeks to oust the sitting GOP governor Joe Lombardo.

The following conversation was lightly edited and abridged for clarity.

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Spotlight

The Top Five States to Watch for Clean Energy Policy

What’s the matter with Wisconsin?

The Texas statehouse and clean energy.
Heatmap Illustration/Getty Images

The most important states to watch for the future of renewable energy policy sit at the nexus of the data center backlash.

Over the last week, I’ve pored over what I believe to be the top five most important spaces to watch for all things utility-scale solar, battery storage and transmission development: Texas, California, Arizona, Alabama and Wisconsin. I selected these five states because they either have some of the largest generation capacity (Texas, California, Arizona) or crucial statewide elections that could decide not only the future of renewable energy in the state but elsewhere across the country (Alabama, Wisconsin).

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