89th Legislature

HB 3229

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

HB 3229 establishes new regulatory requirements for recycling facilities that process components from renewable energy systems, specifically wind turbines, solar panels, and battery storage units. Codified as Chapter 376 in the Texas Health and Safety Code, the bill seeks to address the growing environmental and public safety concerns associated with the disposal of aging or decommissioned renewable energy infrastructure.

Under the bill, recycling facilities that handle renewable energy components must submit an annual report to the Texas Commission on Environmental Quality (TCEQ) by January 15 each year. These reports must include an inventory of unrecycled components under the facility’s control, an estimated timeline for their disposal or repurposing, and a third-party cost estimate for doing so. To ensure financial accountability, facilities must also provide financial assurance (such as bonds, letters of credit, or qualifying corporate guarantees) equal to 100% of the projected recycling or disposal costs. This requirement is intended to ensure that facilities cannot abandon expensive or hazardous materials at the public's expense.

The bill further mandates that TCEQ maintain a publicly accessible online list of recycling facilities in compliance with these requirements. Noncompliant facilities are subject to administrative penalties, not exceeding $500 per day per violation, as outlined in amendments to the Water Code. HB 3229 also formally expands TCEQ's jurisdiction to include oversight of facilities regulated under the new Chapter 376, incorporating these duties into its existing environmental protection responsibilities.

Overall, the bill aims to create a sustainable and accountable framework for managing the lifecycle of renewable energy technologies, ensuring that their environmental benefits are not offset by improper end-of-life practices.

The originally filed version of HB 3229 and the Committee Substitute version both establish a regulatory framework for facilities that recycle components from wind turbines, solar devices, and battery energy storage systems. However, several notable differences exist between the two versions in terms of financial requirements, scope of reporting, and technical clarifications.

One significant change is in the financial assurance requirement. The originally filed version required facility owners to provide financial assurance equal to 125% of the estimated recycling or disposal cost for unrecycled components, as determined by an independent professional engineer​. In contrast, the Committee Substitute reduces this requirement to 100%, which may reflect concerns about balancing financial burden on facility operators with environmental risk management​.

Additionally, the Committee Substitute clarifies that the cost estimate must still come from a third-party professional engineer licensed in Texas, but it also expands the context in which the assurance is submitted: facilities must now maintain this coverage annually, with an obligation to adjust the amount each year based on updated cost estimates. This annualized structure remains consistent across both versions, but the adjusted percentage reduces potential over-collateralization by facility owners.

Another change appears in the bill’s structure. The Committee Substitute adds language to clarify penalties by referencing Section 7.052(b-5) of the Water Code and explicitly stating that noncompliance may lead to an administrative penalty of up to $500 per day per violation. While the original version included this penalty provision, the committee substitute refines it slightly to enhance enforceability and coherence within the Water Code framework.

Overall, the Committee Substitute version of HB 3229 aims to preserve the core environmental protections and financial accountability goals of the original bill, while making adjustments to ensure proportionality and clarity in implementation. These changes likely reflect input from stakeholders during the committee process, including regulated industries and environmental oversight agencies.


Author
Stan Lambert
Shelby Slawson
Drew Darby
Co-Author
Stan Kitzman
Penny Morales Shaw
Sponsor
Charles Perry
Co-Sponsor
Kevin Sparks
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal impact of HB 3229 is currently indeterminate, primarily due to uncertainty surrounding the number and size of administrative penalties that may be imposed by the Texas Commission on Environmental Quality (TCEQ). The bill allows TCEQ to levy penalties of up to $500 per day for violations by owners or operators of renewable energy component recycling facilities, but the volume of enforcement actions—and thus the total potential revenue—cannot be reliably estimated at this time.

The bill does not appropriate funds directly but would provide statutory authority for appropriations necessary to implement its provisions. TCEQ has projected an initial cost of $650,000 in fiscal year 2026 to upgrade its internal technology systems in order to manage facility compliance reporting. These upgrades would include enhancements to the State of Texas Environmental Electronic Reporting System (STEERS), a new internal data application database, and the Integrated Web Reporting System. Other ongoing implementation costs are expected to be absorbed within the agency’s existing resources.

From a local government perspective, the fiscal implications also remain uncertain. Since the bill does not mandate new responsibilities or direct funding changes for local entities, its financial impact on local governments will depend on how broadly and effectively the regulations are enforced at the state level.

In sum, while HB 3229 introduces an important regulatory framework with potential long-term cost-saving and environmental benefits, its immediate fiscal footprint is uncertain beyond the identified one-time state agency technology investments.

Vote Recommendation Notes

HB 3229 offers a measured and well-targeted response to a growing environmental concern tied to renewable energy infrastructure. The bill addresses a gap in current law by requiring recycling facilities that handle wind, solar, and battery components to provide clear reporting and financial assurances that they will responsibly manage the materials they accept. The legislation is prompted by real-world issues, such as the abandonment of wind turbine blades in Sweetwater, Texas, that left local communities and landowners vulnerable to the environmental and financial consequences of private-sector failure.

While the bill introduces new regulatory requirements, these are narrowly focused and rooted in the principle of personal responsibility. Facilities accepting payment for recycling services would be required to demonstrate they can fulfill those obligations or post financial assurance to cover cleanup costs. This protects taxpayers and neighboring property owners from shouldering the burden if private actors default. From a limited-government standpoint, this is a valid use of state authority to prevent public harm without micromanaging the industry.

Some concerns remain about expanding the role of the Texas Commission on Environmental Quality (TCEQ). While the bill does assign TCEQ new oversight duties, it does so using existing mechanisms and does not create new bureaucracies or sweeping regulatory mandates. The agency’s authority is limited to monitoring compliance, publishing a public list of facilities, and enforcing penalties for bad-faith actors, not regulating the broader recycling or energy industry.

In summary, HB 3229 advances liberty principles by promoting accountability, protecting property rights, and preventing unjust taxpayer liability—all while keeping government involvement narrow and focused. Given its targeted approach and the real risks it seeks to prevent, Texas Policy Research recommends that lawmakers vote YES on HB 3229.

  • Individual Liberty: The bill does not interfere with the personal rights or freedoms of individuals. It focuses solely on commercial entities engaged in a specific business activity: recycling renewable energy components. By protecting the public and neighboring property owners from the consequences of corporate negligence, it supports individual liberty in a broader sense, ensuring that one party's actions do not unjustly impose costs or risks on others.
  • Personal Responsibility: At its core, the bill is about enforcing personal and corporate responsibility. Facilities that accept money to recycle wind turbine blades, solar panels, or batteries must either fulfill that promise or be financially prepared to cover the costs. This ensures that companies are held accountable for their own obligations, rather than relying on the public to clean up after failed or abandoned projects.
  • Free Enterprise: While the bill imposes regulatory requirements—such as annual reporting, third-party cost estimates, and financial assurance—it targets only a specific subset of businesses engaged in potentially high-risk activities. These requirements are not arbitrary; they are tied directly to the risk that facilities might walk away from recycling obligations. The regulatory burden is proportionate and preventative, rather than punitive or market-distorting.
  • Private Property Rights: By preventing recycling facilities from abandoning hazardous materials or leaving waste on land they do not own, the bill helps protect the rights of nearby landowners and communities. It prevents property from being devalued or harmed by irresponsible actors and ensures that private property is not used as a dumping ground without consequence.
  • Limited Government: The bill does expand the regulatory role of the Texas Commission on Environmental Quality (TCEQ) by assigning it oversight of these specific facilities. However, it does so without creating new agencies, broad rulemaking authority, or permanent funding streams. The authority granted is narrow—focused on enforcement and transparency. While some concerns about government scope are valid, this is a targeted and justifiable expansion to prevent public costs and ensure accountability.
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