| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to energy storage facilities. |
|
|
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. ENERGY STORAGE FACILITY APPROVAL |
|
|
Sec. 35.201. DEFINITIONS. In this subchapter: |
|
|
(1) "Energy storage facility" means a battery energy |
|
|
storage resource. |
|
|
Sec. 35.202. APPLICATION. (a) On or before September 1, |
|
|
2026, the commission shall establish a rule to create a process for |
|
|
energy storage facility applications and for the provision of |
|
|
public notice of the application to state agencies, local |
|
|
landowners, and county and municipal officials. |
|
|
(b) An energy storage facility may not interconnect to the |
|
|
ERCOT electric grid without one of the following: |
|
|
(1) the energy storage facility obtains approval by |
|
|
the commission under this subchapter; or |
|
|
(2) the commission by order approves the |
|
|
interconnection of the energy storage facility. |
|
|
(c) The commission shall approve, deny, or approve with |
|
|
conditions each application for interconnection of an energy |
|
|
storage facility through a contested case proceeding on a |
|
|
nondiscriminatory basis after considering: |
|
|
(1) existing renewable energy generation facilities |
|
|
in the area; |
|
|
(2) existing agricultural and recreational land uses; |
|
|
(3) environmental and species impact; |
|
|
(4) historical and aesthetic values; |
|
|
(5) appropriate setbacks from existing development; |
|
|
and |
|
|
(6) any other factor the commission deems appropriate. |
|
|
(d) An application submitted under this section must |
|
|
include: |
|
|
(1) any recommendations provided by the Texas |
|
|
Commission on Environmental Quality and the Texas Parks and |
|
|
Wildlife Department; |
|
|
(2) a plan of action for responding to state agency |
|
|
recommendations prior to and during construction; and |
|
|
(3) a fire mitigation plan that provides for: |
|
|
(A) emergency vehicle access; |
|
|
(B) fire mitigation procedures; and |
|
|
(C) ingress and egress plans during a fire event. |
|
|
Sec. 35.203. DEADLINE FOR DECISION. The commission must |
|
|
approve, deny, or approve with conditions an application not later |
|
|
than the 180th day after the date the application is filed or it is |
|
|
deemed approved. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |