Campbell Bill Requires State Permits For ERCOT Battery Sites

The text as introduced · 707 words

89R2108 JXC-F

By: Campbell
S.B. No. 1519

A BILL TO BE ENTITLED

AN ACT

relating to the issuance by the Public Utility Commission of Texas

of a permit for the installation of certain electric energy storage

equipment or facilities; authorizing a fee.

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

SECTION 1. Subchapter E, Chapter 35, Utilities Code, is

amended by adding Section 35.154 to read as follows:

Sec. 35.154. LOCATION PERMIT. (a) In this section,

"person" includes an electric cooperative and a municipally owned

utility.

(b) A person may not install electric energy storage

equipment or facilities intended for use in selling energy or

ancillary services at wholesale in the ERCOT power region unless

the person holds a permit issued under this section.

(c) The commission by rule shall require each permitted

electric energy storage equipment or facility to be installed only

in a location that:

(1) is a sufficient distance from any other electric

energy storage equipment or facility to reasonably mitigate the

risk of a fire at the permitted electric energy storage equipment or

facility spreading to other electric energy storage equipment or

facilities; and

(2) in the event of a fire at the site of the permitted

electric energy storage equipment or facility, is reasonably

unlikely to block the only access point to a residential area.

(d) A person may apply for a permit under this section by

filing with the commission:

(1) a description of the proposed location of the

electric energy storage equipment or facilities;

(2) a description of the type of electric energy

storage equipment or facilities;

(3) a statement identifying the fire department, as

defined by Section 419.021, Government Code, volunteer fire

department, fire marshal, or other first responder entity that may

reasonably be expected to be the primary first responder to a fire

at the location of the electric energy storage equipment or

facilities;

(4) a statement that the person has provided written

notice to the entity identified in Subdivision (3) of the

applicant's intent to install electric energy storage equipment or

facilities; and

(5) any other information required by commission rule.

(e) When an application for a permit, or an amendment to a

permit issued under this section, 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 electric energy storage equipment or

facilities are proposed to be located.

(f) The commission may hold one or more public meetings on a

permit application in the county in which the electric energy

storage equipment or facilities are proposed to be located. The

commission shall hold a public meeting:

(1) on the request of a member of the legislature who

represents the area in which the electric energy storage equipment

or facilities are proposed to be located; or

(2) if the commission determines there is substantial

public interest in the proposed permit.

(g) The commission by order or rule may delegate to the

executive director or another commission employee the authority to

hold a public meeting under this section.

(h) The commission may approve an application for a permit

only if the commission finds that:

(1) issuance of the permit would not violate state or

federal law; and

(2) the location of the proposed electric energy

storage equipment or facilities complies with rules adopted under

Subsection (c).

(i) The commission by rule shall adopt a fee to be imposed on

each permit applicant to cover costs associated with implementing

this section.

(j) For purposes of this section:

(1) 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 section,

including an electric cooperative or a municipally owned utility;

and

(2) a reference in Chapter 15 to a person includes a

person required to obtain a permit under this section, including an

electric cooperative or a municipally owned utility.

SECTION 2. Section 35.154, Utilities Code, as added by this

Act, applies only to electric energy storage equipment or

facilities interconnected to a transmission facility on or after

the effective date of this Act.

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