Texas 2025 - 89th Regular

Texas House Bill HB3824 Compare Versions

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

Old	New	Differences
1	1	89R13791 SCR-F
2	2	By: King H.B. No. 3824
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to fire safety standards and emergency operations plans
10	10	for the operation of battery energy storage.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 4, Utilities Code, is amended
13	13	by adding Chapter 187 to read as follows:
14	14	CHAPTER 187. BATTERY ENERGY STORAGE FIRE SAFETY
15	15	Sec. 187.001. DEFINITIONS. In this chapter:
16	16	(1) "Battery energy storage" means a battery energy
17	17	storage facility or battery energy storage equipment considered to
18	18	be a generation asset under Section 35.152(a) and operated inside
19	19	or outside the ERCOT power region.
20	20	(2) "Battery operator" means an electric cooperative,
21	21	an electric utility, or a power generation company that owns or
22	22	operates battery energy storage.
23	23	(3) "Electric cooperative" and "municipally owned
24	24	utility" have the meanings assigned by Section 11.003.
25	25	(4) "Electric utility" and "power generation company"
26	26	have the meanings assigned by Section 31.002.
27	27	Sec. 187.002. FIRE SAFETY STANDARDS FOR BATTERY ENERGY
28	28	STORAGE. (a) The state fire marshal shall adopt and periodically
29	29	update fire safety standards and testing requirements for battery
30	30	energy storage. The standards and requirements must be based on:
31	31	(1) model code requirements for battery energy storage
32	32	equipment or facilities established by UL Solutions, such as UL
33	33	9540A performance criteria; and
34	34	(2) minimum standards related to the design, safety,
35	35	and installation of stationary energy storage systems established
36	36	by the National Fire Protection Association, such as NFPA 855.
37	37	(b) Each battery operator or municipally owned utility that
38	38	owns or operates battery energy storage shall ensure that the
39	39	storage meets the fire safety standards and testing requirements
40	40	adopted by the state fire marshal under Subsection (a) at the time
41	41	of interconnection.
42	42	(c) Unless expressly authorized by another statute, a
43	43	municipality or county may not adopt, enforce, or maintain an
44	44	ordinance, order, or rule regulating conduct in a field of
45	45	regulation that is inconsistent with the fire safety standards and
46	46	testing requirements adopted by the state fire marshal. An
47	47	ordinance, order, or rule that violates this subsection is void and
48	48	unenforceable.
49	49	(d) On request by a municipality in which battery energy
50	50	storage is located, or a county in which battery energy storage is
51	51	located if the storage is in an unincorporated area, a battery
52	52	operator that owns or operates the battery energy storage shall, at
53	53	the battery operator's expense, contract with an independent,
54	54	third-party engineer licensed in this state or other consultant
55	55	with appropriate expertise to:
56	56	(1) evaluate the design, safety, and installation of
57	57	the battery energy storage before the start of commercial
58	58	operations to ensure compliance with the requirements of this
59	59	section;
60	60	(2) produce a written report that:
61	61	(A) includes the evaluation;
62	62	(B) identifies any noted deficiencies in
63	63	compliance with the standards adopted by the state fire marshal;
64	64	and
65	65	(C) recommends appropriate actions to correct
66	66	deficiencies; and
67	67	(3) provide the written report described by
68	68	Subdivision (2) to the requesting municipality or county.
69	69	(e) The battery operator must make available to the engineer
70	70	or consultant and the requesting municipality or county the
71	71	following documents if held or created by the battery operator:
72	72	(1) documents relating to the site layout;
73	73	(2) the emergency operations plan described by Section
74	74	187.003;
75	75	(3) a hazard mitigation analysis for the battery
76	76	energy storage;
77	77	(4) any manufacturer specifications for the battery
78	78	energy storage;
79	79	(5) a UL 9540A report and any UL listings and
80	80	associated documentation for the battery energy storage;
81	81	(6) National Fire Protection Association standards,
82	82	including any associated documentation, for the battery energy
83	83	storage;
84	84	(7) electrical drawings for the battery energy
85	85	storage;
86	86	(8) monitoring procedures for the battery energy
87	87	storage;
88	88	(9) alarm activation criteria for the battery energy
89	89	storage; and
90	90	(10) fire protection system documentation for the
91	91	battery energy storage.
92	92	(f) At least once every three years, each battery operator
93	93	shall contract, at the battery operator's expense, with an
94	94	independent, third-party engineer licensed in this state or other
95	95	consultant with appropriate expertise to produce a fire safety
96	96	inspection report for the battery operator's battery energy storage
97	97	and provide the report to the municipality in which the storage is
98	98	located or to the county in which the storage is located if the
99	99	facility or equipment is in an unincorporated area. The report
100	100	must:
101	101	(1) include an evaluation of:
102	102	(A) the structural integrity and weatherproofing
103	103	of any enclosure at the site of the storage;
104	104	(B) the maintenance schedule and any associated
105	105	documentation for the storage;
106	106	(C) the emergency operations plan described by
107	107	Section 187.003;
108	108	(D) any hazard mitigation analysis for the
109	109	storage;
110	110	(E) any monitoring procedures and monitoring
111	111	history for the storage;
112	112	(F) fire protection system inspection and
113	113	testing records for the storage; and
114	114	(G) the ventilation systems of the storage; and
115	115	(2) identify any noted deficiencies and recommend
116	116	appropriate actions to correct deficiencies.
117	117	Sec. 187.003. EMERGENCY OPERATIONS PLANS FOR BATTERY ENERGY
118	118	STORAGE. (a) In this section, "first responder" has the meaning
119	119	assigned by Section 78B.001, Civil Practice and Remedies Code.
120	120	(b) This section applies only to a battery operator or a
121	121	municipally owned utility that owns or operates battery energy
122	122	storage, whether standalone or colocated with another generation
123	123	asset.
124	124	(c) A battery operator or a municipally owned utility to
125	125	which this section applies shall produce a site-specific emergency
126	126	operations plan for each battery energy storage site owned or
127	127	operated by the battery operator or utility. The site-specific
128	128	emergency operations plan must include:
129	129	(1) an identification of potential risks and hazards
130	130	specific to the site;
131	131	(2) a hazard mitigation analysis;
132	132	(3) procedures for the safe shutdown, de-energizing,
133	133	or isolation of equipment and systems under emergency conditions,
134	134	including emergency procedures to be followed in case of fire;
135	135	(4) procedures for handling equipment damaged in a
136	136	fire or other emergency event;
137	137	(5) procedures and schedules for conducting drills
138	138	using the procedures listed under this subsection and documentation
139	139	related to the performance of the drills;
140	140	(6) procedures for communication between the operator
141	141	of the storage and first responders, including procedures that
142	142	facilitate communication between first responders and emergency
143	143	contacts designated by the operator of the storage; and
144	144	(7) emergency operations protocols to ensure safety
145	145	during critical events, including protocols that provide for the
146	146	safety of:
147	147	(A) nearby residents;
148	148	(B) neighboring properties;
149	149	(C) first responders; and
150	150	(D) the environment, including measures to
151	151	mitigate or prevent pollution of air, soil, groundwater, or surface
152	152	water.
153	153	(d) The battery operator or municipally owned utility
154	154	shall:
155	155	(1) before starting commercial operations, provide
156	156	the site-specific emergency operations plan developed under
157	157	Subsection (c) to the local first responder that is responsible for
158	158	providing fire protection services in the area in which the battery
159	159	energy storage is located; and
160	160	(2) maintain materials safety data sheets or
161	161	comparable documents and the site-specific emergency operations
162	162	plan developed under Subsection (c) at an on-site location
163	163	accessible to personnel responsible for the operations and
164	164	maintenance of the battery energy storage and first responders.
165	165	(e) The battery operator or municipally owned utility shall
166	166	offer to local first responders, at no cost to the responders,
167	167	education and annual training regarding responding to an equipment
168	168	failure incident at the battery energy storage site, including:
169	169	(1) training on specific characteristics of battery
170	170	energy storage technology;
171	171	(2) training on protecting first responders during
172	172	incident response;
173	173	(3) training on hazards commonly associated with
174	174	incident response;
175	175	(4) training on incident response protocols,
176	176	including an overview of the site-specific emergency operations
177	177	plan developed under Subsection (c); and
178	178	(5) an on-site review of the perimeter, major
179	179	equipment, and ingress and egress to the battery energy storage
180	180	site.
181	181	SECTION 2. Sections 187.002 and 187.003, Utilities Code, as
182	182	added by this Act, apply only to battery energy storage facilities
183	183	or equipment for which interconnection is approved by the
184	184	independent system operator of jurisdiction on or after January 1,
185	185	2027.
186	186	SECTION 3. This Act takes effect September 1, 2025.