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A BILL TO BE ENTITLED
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AN ACT
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relating to fire safety standards and emergency operations plans |
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for the operation of battery energy storage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Utilities Code, is amended |
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by adding Chapter 187 to read as follows: |
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CHAPTER 187. BATTERY ENERGY STORAGE FIRE SAFETY |
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Sec. 187.001. DEFINITIONS. In this chapter: |
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(1) "Battery energy storage" means a battery energy |
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storage facility or battery energy storage equipment considered to |
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be a generation asset under Section 35.152(a) and operated inside |
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or outside the ERCOT power region. |
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(2) "Battery operator" means an electric cooperative, |
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an electric utility, or a power generation company that owns or |
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operates battery energy storage. |
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(3) "Electric cooperative" and "municipally owned |
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utility" have the meanings assigned by Section 11.003. |
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(4) "Electric utility" and "power generation company" |
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have the meanings assigned by Section 31.002. |
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Sec. 187.002. FIRE SAFETY STANDARDS FOR BATTERY ENERGY |
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STORAGE. (a) The state fire marshal shall adopt and periodically |
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update fire safety standards and testing requirements for battery |
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energy storage. The standards and requirements must be based on: |
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(1) model code requirements for battery energy storage |
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equipment or facilities established by UL Solutions, such as UL |
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9540A performance criteria; and |
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(2) minimum standards related to the design, safety, |
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and installation of stationary energy storage systems established |
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by the National Fire Protection Association, such as NFPA 855. |
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(b) Each battery operator or municipally owned utility that |
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owns or operates battery energy storage shall ensure that the |
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storage meets the fire safety standards and testing requirements |
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adopted by the state fire marshal under Subsection (a) at the time |
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of interconnection. |
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(c) Unless expressly authorized by another statute, a |
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municipality or county may not adopt, enforce, or maintain an |
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ordinance, order, or rule regulating conduct in a field of |
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regulation that is inconsistent with the fire safety standards and |
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testing requirements adopted by the state fire marshal. An |
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ordinance, order, or rule that violates this subsection is void and |
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unenforceable. |
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(d) On request by a municipality in which battery energy |
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storage is located, or a county in which battery energy storage is |
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located if the storage is in an unincorporated area, a battery |
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operator that owns or operates the battery energy storage shall, at |
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the battery operator's expense, contract with an independent, |
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third-party engineer licensed in this state or other consultant |
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with appropriate expertise to: |
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(1) evaluate the design, safety, and installation of |
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the battery energy storage before the start of commercial |
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operations to ensure compliance with the requirements of this |
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section; |
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(2) produce a written report that: |
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(A) includes the evaluation; |
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(B) identifies any noted deficiencies in |
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compliance with the standards adopted by the state fire marshal; |
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and |
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(C) recommends appropriate actions to correct |
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deficiencies; and |
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(3) provide the written report described by |
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Subdivision (2) to the requesting municipality or county. |
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(e) The battery operator must make available to the engineer |
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or consultant and the requesting municipality or county the |
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following documents if held or created by the battery operator: |
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(1) documents relating to the site layout; |
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(2) the emergency operations plan described by Section |
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187.003; |
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(3) a hazard mitigation analysis for the battery |
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energy storage; |
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(4) any manufacturer specifications for the battery |
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energy storage; |
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(5) a UL 9540A report and any UL listings and |
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associated documentation for the battery energy storage; |
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(6) National Fire Protection Association standards, |
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including any associated documentation, for the battery energy |
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storage; |
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(7) electrical drawings for the battery energy |
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storage; |
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(8) monitoring procedures for the battery energy |
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storage; |
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(9) alarm activation criteria for the battery energy |
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storage; and |
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(10) fire protection system documentation for the |
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battery energy storage. |
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(f) At least once every three years, each battery operator |
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shall contract, at the battery operator's expense, with an |
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independent, third-party engineer licensed in this state or other |
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consultant with appropriate expertise to produce a fire safety |
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inspection report for the battery operator's battery energy storage |
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and provide the report to the municipality in which the storage is |
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located or to the county in which the storage is located if the |
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facility or equipment is in an unincorporated area. The report |
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must: |
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(1) include an evaluation of: |
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(A) the structural integrity and weatherproofing |
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of any enclosure at the site of the storage; |
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(B) the maintenance schedule and any associated |
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documentation for the storage; |
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(C) the emergency operations plan described by |
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Section 187.003; |
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(D) any hazard mitigation analysis for the |
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storage; |
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(E) any monitoring procedures and monitoring |
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history for the storage; |
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(F) fire protection system inspection and |
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testing records for the storage; and |
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(G) the ventilation systems of the storage; and |
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(2) identify any noted deficiencies and recommend |
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appropriate actions to correct deficiencies. |
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Sec. 187.003. EMERGENCY OPERATIONS PLANS FOR BATTERY ENERGY |
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STORAGE. (a) In this section, "first responder" has the meaning |
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assigned by Section 78B.001, Civil Practice and Remedies Code. |
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(b) This section applies only to a battery operator or a |
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municipally owned utility that owns or operates battery energy |
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storage, whether standalone or colocated with another generation |
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asset. |
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(c) A battery operator or a municipally owned utility to |
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which this section applies shall produce a site-specific emergency |
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operations plan for each battery energy storage site owned or |
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operated by the battery operator or utility. The site-specific |
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emergency operations plan must include: |
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(1) an identification of potential risks and hazards |
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specific to the site; |
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(2) a hazard mitigation analysis; |
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(3) procedures for the safe shutdown, de-energizing, |
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or isolation of equipment and systems under emergency conditions, |
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including emergency procedures to be followed in case of fire; |
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(4) procedures for handling equipment damaged in a |
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fire or other emergency event; |
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(5) procedures and schedules for conducting drills |
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using the procedures listed under this subsection and documentation |
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related to the performance of the drills; |
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(6) procedures for communication between the operator |
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of the storage and first responders, including procedures that |
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facilitate communication between first responders and emergency |
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contacts designated by the operator of the storage; and |
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(7) emergency operations protocols to ensure safety |
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during critical events, including protocols that provide for the |
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safety of: |
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(A) nearby residents; |
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(B) neighboring properties; |
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(C) first responders; and |
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(D) the environment, including measures to |
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mitigate or prevent pollution of air, soil, groundwater, or surface |
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water. |
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(d) The battery operator or municipally owned utility |
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shall: |
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(1) before starting commercial operations, provide |
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the site-specific emergency operations plan developed under |
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Subsection (c) to the local first responder that is responsible for |
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providing fire protection services in the area in which the battery |
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energy storage is located; and |
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(2) maintain materials safety data sheets or |
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comparable documents and the site-specific emergency operations |
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plan developed under Subsection (c) at an on-site location |
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accessible to personnel responsible for the operations and |
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maintenance of the battery energy storage and first responders. |
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(e) The battery operator or municipally owned utility shall |
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offer to local first responders, at no cost to the responders, |
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education and annual training regarding responding to an equipment |
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failure incident at the battery energy storage site, including: |
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(1) training on specific characteristics of battery |
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energy storage technology; |
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(2) training on protecting first responders during |
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incident response; |
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(3) training on hazards commonly associated with |
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incident response; |
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(4) training on incident response protocols, |
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including an overview of the site-specific emergency operations |
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plan developed under Subsection (c); and |
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(5) an on-site review of the perimeter, major |
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equipment, and ingress and egress to the battery energy storage |
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site. |
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SECTION 2. Sections 187.002 and 187.003, Utilities Code, as |
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added by this Act, apply only to battery energy storage facilities |
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or equipment for which interconnection is approved by the |
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independent system operator of jurisdiction on or after January 1, |
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2027. |
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SECTION 3. This Act takes effect September 1, 2025. |