89R13791 SCR-F
By: King H.B. No. 3824
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 established by UL Solutions, such as UL
9540A performance criteria; 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.