Troxclair Battery Bill Voids Local Rules, Skips Pre-2027 Batteries

The text as introduced · 1,273 words

By: Troxclair
H.B. No. 5569

A BILL TO BE ENTITLED

AN ACT

relating to fire safety standards and emergency operations plans

for the operation of battery energy storage.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 4, Utilities Code, is amended

by adding Chapter 187 to read as follows:

CHAPTER 187. BATTERY ENERGY STORAGE FIRE SAFETY

Sec. 187.001. DEFINITIONS. In this chapter:

(1) "Battery energy storage" means a battery energy

storage facility or battery energy storage equipment considered to

be a generation asset under Section 35.152(a) and operated inside

or outside the ERCOT power region.

(2) "Battery operator" means an electric cooperative,

an electric utility, or a power generation company that owns or

operates battery energy storage.

(3) "Electric cooperative" and "municipally owned

utility" have the meanings assigned by Section 11.003.

(4) "Electric utility" and "power generation company"

have the meanings assigned by Section 31.002.

Sec. 187.002. FIRE SAFETY STANDARDS FOR BATTERY ENERGY

STORAGE. (a) The state fire marshal shall adopt and periodically

update fire safety standards and testing requirements for battery

energy storage. The standards and requirements must be based on:

(1) model code requirements for battery energy storage

equipment or facilities; and

(2) minimum standards related to the design, safety,

and installation of stationary energy storage systems established

by the National Fire Protection Association, such as NFPA 855.

(b) Each battery operator or municipally owned utility that

owns or operates battery energy storage shall ensure that the

storage meets the fire safety standards and testing requirements

adopted by the state fire marshal under Subsection (a) at the time

of interconnection.

(c) Unless expressly authorized by another statute, a

municipality or county may not adopt, enforce, or maintain an

ordinance, order, or rule regulating conduct in a field of

regulation that is inconsistent with the fire safety standards and

testing requirements adopted by the state fire marshal. An

ordinance, order, or rule that violates this subsection is void and

unenforceable.

(d) On request by a municipality in which battery energy

storage is located, or a county in which battery energy storage is

located if the storage is in an unincorporated area, a battery

operator that owns or operates the battery energy storage shall, at

the battery operator's expense, contract with an independent,

third-party engineer licensed in this state or other consultant

with appropriate expertise to:

(1) evaluate the design, safety, and installation of

the battery energy storage before the start of commercial

operations to ensure compliance with the requirements of this

section;

(2) produce a written report that:

(A) includes the evaluation;

(B) identifies any noted deficiencies in

compliance with the standards adopted by the state fire marshal;

and

(C) recommends appropriate actions to correct

deficiencies; and

(3) provide the written report described by

Subdivision (2) to the requesting municipality or county.

(e) The battery operator must make available to the engineer

or consultant and the requesting municipality or county the

following documents if held or created by the battery operator:

(1) documents relating to the site layout;

(2) the emergency operations plan described by Section

187.003;

(3) a hazard mitigation analysis for the battery

energy storage;

(4) any manufacturer specifications for the battery

energy storage;

(5) a UL 9540A report and any UL listings and

associated documentation for the battery energy storage;

(6) National Fire Protection Association standards,

including any associated documentation, for the battery energy

storage;

(7) electrical drawings for the battery energy

storage;

(8) monitoring procedures for the battery energy

storage;

(9) alarm activation criteria for the battery energy

storage; and

(10) fire protection system documentation for the

battery energy storage.

(f) At least once every three years, each battery operator

shall contract, at the battery operator's expense, with an

independent, third-party engineer licensed in this state or other

consultant with appropriate expertise to produce a fire safety

inspection report for the battery operator's battery energy storage

and provide the report to the municipality in which the storage is

located or to the county in which the storage is located if the

facility or equipment is in an unincorporated area. The report

must:

(1) include an evaluation of:

(A) the structural integrity and weatherproofing

of any enclosure at the site of the storage;

(B) the maintenance schedule and any associated

documentation for the storage;

(C) the emergency operations plan described by

Section 187.003;

(D) any hazard mitigation analysis for the

storage;

(E) any monitoring procedures and monitoring

history for the storage;

(F) fire protection system inspection and

testing records for the storage; and

(G) the ventilation systems of the storage; and

(2) identify any noted deficiencies and recommend

appropriate actions to correct deficiencies.

Sec. 187.003. EMERGENCY OPERATIONS PLANS FOR BATTERY ENERGY

STORAGE. (a) In this section, "first responder" has the meaning

assigned by Section 78B.001, Civil Practice and Remedies Code.

(b) This section applies only to a battery operator or a

municipally owned utility that owns or operates battery energy

storage, whether standalone or colocated with another generation

asset.

(c) A battery operator or a municipally owned utility to

which this section applies shall produce a site-specific emergency

operations plan for each battery energy storage site owned or

operated by the battery operator or utility. The site-specific

emergency operations plan must include:

(1) an identification of potential risks and hazards

specific to the site;

(2) a hazard mitigation analysis;

(3) procedures for the safe shutdown, de-energizing,

or isolation of equipment and systems under emergency conditions,

including emergency procedures to be followed in case of fire;

(4) procedures for handling equipment damaged in a

fire or other emergency event;

(5) procedures and schedules for conducting drills

using the procedures listed under this subsection and documentation

related to the performance of the drills;

(6) procedures for communication between the operator

of the storage and first responders, including procedures that

facilitate communication between first responders and emergency

contacts designated by the operator of the storage; and

(7) emergency operations protocols to ensure safety

during critical events, including protocols that provide for the

safety of:

(A) nearby residents;

(B) neighboring properties;

(C) first responders; and

(D) the environment, including measures to

mitigate or prevent pollution of air, soil, groundwater, or surface

water.

(d) The battery operator or municipally owned utility

shall:

(1) before starting commercial operations, provide

the site-specific emergency operations plan developed under

Subsection (c) to the local first responder that is responsible for

providing fire protection services in the area in which the battery

energy storage is located; and

(2) maintain materials safety data sheets or

comparable documents and the site-specific emergency operations

plan developed under Subsection (c) at an on-site location

accessible to personnel responsible for the operations and

maintenance of the battery energy storage and first responders.

(e) The battery operator or municipally owned utility shall

offer to local first responders, at no cost to the responders,

education and annual training regarding responding to an equipment

failure incident at the battery energy storage site, including:

(1) training on specific characteristics of battery

energy storage technology;

(2) training on protecting first responders during

incident response;

(3) training on hazards commonly associated with

incident response;

(4) training on incident response protocols,

including an overview of the site-specific emergency operations

plan developed under Subsection (c); and

(5) an on-site review of the perimeter, major

equipment, and ingress and egress to the battery energy storage

site.

SECTION 2. Sections 187.002 and 187.003, Utilities Code, as

added by this Act, apply only to battery energy storage facilities

or equipment for which interconnection is approved by the

independent system operator of jurisdiction on or after January 1,

2027.

SECTION 3. This Act takes effect September 1, 2025.