Texas lawmakers passed legislation to speed up the permitting process for home solar and energy storage installations.
SB 1202 will expedite the approval process by allowing authorized third parties, such as a licensed engineer, to review development documents and conduct inspections required by regulatory authorities to install home backup power generation instead of by the regulatory authority. The authorized third party would then be required to provide notice of the results within 15 days to the regulatory authority.
Notably, once the third-party submits the notice, the person can immediately begin construction of the home backup power installation on their property. Additionally, the bill requires a regulatory authority to issue an applicable approval, permit or certification within two business days of receiving the notice.
The legislation, introduced by Sen. Phil King (R) extends Texas’s current approach to building permits, which allows permit applicants to use a qualified third-party to review their application if the city does not approve or deny it after several business days, to include residential back-up power system permits. This includes solar and batteries.
The Texas Association of Business called SB 1202 a “game-changer for Texans” as it will empower homeowners to strengthen their own energy security while enhancing grid resilience for everyone.
Representatives across solar, environmental and business industry groups registered support of the bill and four cities registered against the legislation.
While the legislation does not require SolarAPP+, Houston is currently piloting the platform. Developed by the National Renewable Energy Laboratory, the automated permit processing platform is free for jurisdictions to adopt, and funds are available to help cover the technical expenses of switching to a new system.
The bill “targets costly, unnecessary barriers that delay installations and inflate costs – barriers that disproportionately burden families in need of reliable backup power,” the Texas Association of Business said. “By fortifying Texas homes against future disasters like the 2021 Winter Storm Uri – which left 2.7 million households in the dark and disrupted water access for 12 million – this legislation will empower homeowners with the security they deserve, reaffirming Texas’ unwavering independent spirit.”
The House amended the legislation to state that if an authorized third party conducts the inspection and is negligent, the person who conducted the review or inspection, and not the regulatory authority, is liable for any damages that result from the negligence.
After the legislation unanimously passed the Senate, SB 1202 passed the House with 128 representatives voting in favor and seven representatives voting against it.
The bill was sent to Gov. Abbott on May 28. Because the bill was sent with less than 10 days left in the session, the governor will have 20 days after the session adjourns on June 2 to act, or it will become law by default. Unless Gov. Abbott vetoes the legislation, the law will go into effect Sept. 1, 2025.
Texas passed other legislation this session to require the recycling of retired solar and wind projects, which also goes to the governor for his signature.
Texas’s legislative session operates in odd years, so its legislators will reconvene for the next session in 2027.
Read about other solar-related bills state lawmakers are debating this legislative session here.
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