By: Murr H.B. No. 4971
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the permitting of battery storage system facilities by
  the Public Utility Commission of Texas; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 35, Utilities Code, is amended by adding
  Subchapter F to read as follows:
  SUBCHAPTER F. BATTERY STORAGE SYSTEM FACILITY PERMIT
         Sec. 35.201.  DEFINITIONS; APPLICABILITY. (a) In this
  subchapter:
               (1)  "Permit holder" means a person who holds a permit
  issued under this subchapter.
               (2)  "Person" includes an electric cooperative and a
  municipally owned utility.
               (3)  "Battery storage system facility" means any system
  or network containing batteries or similar devices that are
  connected to an energy generation source and intended to receive
  and store any portion of energy being produced with the intent or
  purpose of later transmitting or distributing any or all stored
  energy for sale or consumption in any part of a transmission grid
  that is located, in whole or in part, in the state.
         Sec. 35.202.  PERMIT REQUIRED; APPLICATION. (a) A person
  may not operate a battery storage system facility in this state
  unless the person holds a permit issued by the commission under this
  subchapter. A person may not construct or operate a battery storage
  system facility in this state unless:
               (1)  the person holds a permit to operate a battery
  storage system facility issued by the commission under this
  subchapter; or
               (2)  the commission by order approves the construction.
         (b)  A person may apply for a permit to operate a battery
  storage system facility by filing with the commission:
               (1)  a description of the location of the facility;
               (2)  a description of the type of facility;
               (3)  an affirmative statement identifying the fire
  department, volunteer fire department, fire marshal or other first
  responder who may reasonably be expected to the primary first
  responder to any threat, incident or disaster at the location of the
  facility
               (4)  an affirmative statement that the person has
  provided written notice to the party or parties identified in
  subparagraph (3) above of the person's intent to construct and
  operate a battery storage system facility.
               (5)  any other information required by commission rule,
  including location restrictions or requirements.
         Sec. 35.203.  NOTICE AND HEARING ON APPLICATION. (a) When
  an application for a permit is filed under Section 35.202, or when
  an application for a permit amendment is filed, the commission
  shall give notice of the application to the county judge of the
  county in which all or a majority of the battery storage system
  facility is located or intended to be located.
         (b)  The commission may determine to hold a hearing on the
  application. The commission shall hold a hearing on the
  application if the person has failed to provide all information
  pursuant to Section 35.202.
         Sec. 35.204.  APPROVAL OR DENIAL OF APPLICATION. (a) The
  commission may approve an application if the commission finds that
  issuance or amendment of the permit would not violate state or
  federal law or rule and meets the requirements set forth in this
  chapter.
         Sec. 35.205.  CONDITIONS OF PERMIT. (a) For each permit,
  the commission shall prescribe the conditions under which it is
  issued.
         (b)  The commission, on its own motion after reasonable
  notice and hearing, may require a permit holder to conform to new or
  additional conditions to comply with this subchapter or rules
  adopted under this subchapter.
         Sec. 35.206.  FEE. (a) A fee is imposed on each permit
  holder, the amount of which shall be determined by the commission.
         Sec. 35.207.  POWER TO REGULATE AND SUPERVISE. (a) For
  purposes of this subchapter, a provision of Subchapter B or E,
  Chapter 14, that authorizes the commission to regulate a public
  utility also applies to a person required to obtain a permit under
  this subchapter, including an electric cooperative and a
  municipally owned utility.
         (b)  The commission may adopt and enforce rules reasonably
  required in the exercise of its powers under this subchapter.
         Sec. 35.208.  ENFORCEMENT AND PENALTIES. For the purposes
  of enforcing this subchapter, a reference in Chapter 15 to a person
  includes any person required to obtain a permit under this
  subchapter, including an electric cooperative and a municipally
  owned utility.
         SECTION 3.  (a) Except as otherwise provided by rules
  adopted by the Public Utility Commission of Texas under Subsection
  (b) of this section, Subchapter F, Chapter 35, Utilities Code, as
  added by this Act, applies to all battery storage system facilities
  in this state, including:
               (1)  battery storage system facilities that:
                     (A)  in use or operation before the effective date
  of this Act; or
                     (B)  are interconnected to a transmission
  facility before the effective date of this Act; and
               (2)  battery storage system facilities the
  construction of which began before the effective date of this Act.
         (b)  The Public Utility Commission of Texas by rule shall
  authorize a person who operates or constructs a facility described
  by Subsection (a)(1) or (2) of this section to continue to operate
  or construct the facility after the effective date of this Act while
  the person applies for a permit for the facility as required under
  Subchapter F, Chapter 35, Utilities Code, as added by this Act. The
  rules may require a person who operates or constructs a facility
  described by Subsection (a)(1) or (2) of this section to apply for a
  permit for the facility as required under Subchapter F, Chapter 35,
  Utilities Code, as added by this Act, by a certain date.
         SECTION 4.  This Act takes effect September 1, 2023.