Texas 2025 - 89th Regular

Texas House Bill HB1343 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2108 JXC-F
2	2	By: Troxclair H.B. No. 1343
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the issuance by the Public Utility Commission of Texas
10	10	of a permit for the installation of certain electric energy storage
11	11	equipment or facilities; authorizing a fee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter E, Chapter 35, Utilities Code, is
14	14	amended by adding Section 35.154 to read as follows:
15	15	Sec. 35.154. LOCATION PERMIT. (a) In this section,
16	16	"person" includes an electric cooperative and a municipally owned
17	17	utility.
18	18	(b) A person may not install electric energy storage
19	19	equipment or facilities intended for use in selling energy or
20	20	ancillary services at wholesale in the ERCOT power region unless
21	21	the person holds a permit issued under this section.
22	22	(c) The commission by rule shall require each permitted
23	23	electric energy storage equipment or facility to be installed only
24	24	in a location that:
25	25	(1) is a sufficient distance from any other electric
26	26	energy storage equipment or facility to reasonably mitigate the
27	27	risk of a fire at the permitted electric energy storage equipment or
28	28	facility spreading to other electric energy storage equipment or
29	29	facilities; and
30	30	(2) in the event of a fire at the site of the permitted
31	31	electric energy storage equipment or facility, is reasonably
32	32	unlikely to block the only access point to a residential area.
33	33	(d) A person may apply for a permit under this section by
34	34	filing with the commission:
35	35	(1) a description of the proposed location of the
36	36	electric energy storage equipment or facilities;
37	37	(2) a description of the type of electric energy
38	38	storage equipment or facilities;
39	39	(3) a statement identifying the fire department, as
40	40	defined by Section 419.021, Government Code, volunteer fire
41	41	department, fire marshal, or other first responder entity that may
42	42	reasonably be expected to be the primary first responder to a fire
43	43	at the location of the electric energy storage equipment or
44	44	facilities;
45	45	(4) a statement that the person has provided written
46	46	notice to the entity identified in Subdivision (3) of the
47	47	applicant's intent to install electric energy storage equipment or
48	48	facilities; and
49	49	(5) any other information required by commission rule.
50	50	(e) When an application for a permit, or an amendment to a
51	51	permit issued under this section, is filed, the commission shall
52	52	give notice of the application to the county judge of the county in
53	53	which all or a majority of the electric energy storage equipment or
54	54	facilities are proposed to be located.
55	55	(f) The commission may hold one or more public meetings on a
56	56	permit application in the county in which the electric energy
57	57	storage equipment or facilities are proposed to be located. The
58	58	commission shall hold a public meeting:
59	59	(1) on the request of a member of the legislature who
60	60	represents the area in which the electric energy storage equipment
61	61	or facilities are proposed to be located; or
62	62	(2) if the commission determines there is substantial
63	63	public interest in the proposed permit.
64	64	(g) The commission by order or rule may delegate to the
65	65	executive director or another commission employee the authority to
66	66	hold a public meeting under this section.
67	67	(h) The commission may approve an application for a permit
68	68	only if the commission finds that:
69	69	(1) issuance of the permit would not violate state or
70	70	federal law; and
71	71	(2) the location of the proposed electric energy
72	72	storage equipment or facilities complies with rules adopted under
73	73	Subsection (c).
74	74	(i) The commission by rule shall adopt a fee to be imposed on
75	75	each permit applicant to cover costs associated with implementing
76	76	this section.
77	77	(j) For purposes of this section:
78	78	(1) a provision of Subchapter B or E, Chapter 14, that
79	79	authorizes the commission to regulate a public utility also applies
80	80	to a person required to obtain a permit under this section,
81	81	including an electric cooperative or a municipally owned utility;
82	82	and
83	83	(2) a reference in Chapter 15 to a person includes a
84	84	person required to obtain a permit under this section, including an
85	85	electric cooperative or a municipally owned utility.
86	86	SECTION 2. Section 35.154, Utilities Code, as added by this
87	87	Act, applies only to electric energy storage equipment or
88	88	facilities interconnected to a transmission facility on or after
89	89	the effective date of this Act.
90	90	SECTION 3. This Act takes effect September 1, 2025.