Texas 2025 - 89th Regular

Texas House Bill HB5569 Compare Versions

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1	1		By: Troxclair H.B. No. 5569
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to fire safety standards and emergency operations plans
7	9		for the operation of battery energy storage.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subtitle B, Title 4, Utilities Code, is amended
10	12		by adding Chapter 187 to read as follows:
11	13		CHAPTER 187. BATTERY ENERGY STORAGE FIRE SAFETY
12	14		Sec. 187.001. DEFINITIONS. In this chapter:
13	15		(1) "Battery energy storage" means a battery energy
14	16		storage facility or battery energy storage equipment considered to
15	17		be a generation asset under Section 35.152(a) and operated inside
16	18		or outside the ERCOT power region.
17	19		(2) "Battery operator" means an electric cooperative,
18	20		an electric utility, or a power generation company that owns or
19	21		operates battery energy storage.
20	22		(3) "Electric cooperative" and "municipally owned
21	23		utility" have the meanings assigned by Section 11.003.
22	24		(4) "Electric utility" and "power generation company"
23	25		have the meanings assigned by Section 31.002.
24	26		Sec. 187.002. FIRE SAFETY STANDARDS FOR BATTERY ENERGY
25	27		STORAGE. (a) The state fire marshal shall adopt and periodically
26	28		update fire safety standards and testing requirements for battery
27	29		energy storage. The standards and requirements must be based on:
28	30		(1) model code requirements for battery energy storage
29	31		equipment or facilities; and
30	32		(2) minimum standards related to the design, safety,
31	33		and installation of stationary energy storage systems established
32	34		by the National Fire Protection Association, such as NFPA 855.
33	35		(b) Each battery operator or municipally owned utility that
34	36		owns or operates battery energy storage shall ensure that the
35	37		storage meets the fire safety standards and testing requirements
36	38		adopted by the state fire marshal under Subsection (a) at the time
37	39		of interconnection.
38	40		(c) Unless expressly authorized by another statute, a
39	41		municipality or county may not adopt, enforce, or maintain an
40	42		ordinance, order, or rule regulating conduct in a field of
41	43		regulation that is inconsistent with the fire safety standards and
42	44		testing requirements adopted by the state fire marshal. An
43	45		ordinance, order, or rule that violates this subsection is void and
44	46		unenforceable.
45	47		(d) On request by a municipality in which battery energy
46	48		storage is located, or a county in which battery energy storage is
47	49		located if the storage is in an unincorporated area, a battery
48	50		operator that owns or operates the battery energy storage shall, at
49	51		the battery operator's expense, contract with an independent,
50	52		third-party engineer licensed in this state or other consultant
51	53		with appropriate expertise to:
52	54		(1) evaluate the design, safety, and installation of
53	55		the battery energy storage before the start of commercial
54	56		operations to ensure compliance with the requirements of this
55	57		section;
56	58		(2) produce a written report that:
57	59		(A) includes the evaluation;
58	60		(B) identifies any noted deficiencies in
59	61		compliance with the standards adopted by the state fire marshal;
60	62		and
61	63		(C) recommends appropriate actions to correct
62	64		deficiencies; and
63	65		(3) provide the written report described by
64	66		Subdivision (2) to the requesting municipality or county.
65	67		(e) The battery operator must make available to the engineer
66	68		or consultant and the requesting municipality or county the
67	69		following documents if held or created by the battery operator:
68	70		(1) documents relating to the site layout;
69	71		(2) the emergency operations plan described by Section
70	72		187.003;
71	73		(3) a hazard mitigation analysis for the battery
72	74		energy storage;
73	75		(4) any manufacturer specifications for the battery
74	76		energy storage;
75	77		(5) a UL 9540A report and any UL listings and
76	78		associated documentation for the battery energy storage;
77	79		(6) National Fire Protection Association standards,
78	80		including any associated documentation, for the battery energy
79	81		storage;
80	82		(7) electrical drawings for the battery energy
81	83		storage;
82	84		(8) monitoring procedures for the battery energy
83	85		storage;
84	86		(9) alarm activation criteria for the battery energy
85	87		storage; and
86	88		(10) fire protection system documentation for the
87	89		battery energy storage.
88	90		(f) At least once every three years, each battery operator
89	91		shall contract, at the battery operator's expense, with an
90	92		independent, third-party engineer licensed in this state or other
91	93		consultant with appropriate expertise to produce a fire safety
92	94		inspection report for the battery operator's battery energy storage
93	95		and provide the report to the municipality in which the storage is
94	96		located or to the county in which the storage is located if the
95	97		facility or equipment is in an unincorporated area. The report
96	98		must:
97	99		(1) include an evaluation of:
98	100		(A) the structural integrity and weatherproofing
99	101		of any enclosure at the site of the storage;
100	102		(B) the maintenance schedule and any associated
101	103		documentation for the storage;
102	104		(C) the emergency operations plan described by
103	105		Section 187.003;
104	106		(D) any hazard mitigation analysis for the
105	107		storage;
106	108		(E) any monitoring procedures and monitoring
107	109		history for the storage;
108	110		(F) fire protection system inspection and
109	111		testing records for the storage; and
110	112		(G) the ventilation systems of the storage; and
111	113		(2) identify any noted deficiencies and recommend
112	114		appropriate actions to correct deficiencies.
113	115		Sec. 187.003. EMERGENCY OPERATIONS PLANS FOR BATTERY ENERGY
114	116		STORAGE. (a) In this section, "first responder" has the meaning
115	117		assigned by Section 78B.001, Civil Practice and Remedies Code.
116	118		(b) This section applies only to a battery operator or a
117	119		municipally owned utility that owns or operates battery energy
118	120		storage, whether standalone or colocated with another generation
119	121		asset.
120	122		(c) A battery operator or a municipally owned utility to
121	123		which this section applies shall produce a site-specific emergency
122	124		operations plan for each battery energy storage site owned or
123	125		operated by the battery operator or utility. The site-specific
124	126		emergency operations plan must include:
125	127		(1) an identification of potential risks and hazards
126	128		specific to the site;
127	129		(2) a hazard mitigation analysis;
128	130		(3) procedures for the safe shutdown, de-energizing,
129	131		or isolation of equipment and systems under emergency conditions,
130	132		including emergency procedures to be followed in case of fire;
131	133		(4) procedures for handling equipment damaged in a
132	134		fire or other emergency event;
133	135		(5) procedures and schedules for conducting drills
134	136		using the procedures listed under this subsection and documentation
135	137		related to the performance of the drills;
136	138		(6) procedures for communication between the operator
137	139		of the storage and first responders, including procedures that
138	140		facilitate communication between first responders and emergency
139	141		contacts designated by the operator of the storage; and
140	142		(7) emergency operations protocols to ensure safety
141	143		during critical events, including protocols that provide for the
142	144		safety of:
143	145		(A) nearby residents;
144	146		(B) neighboring properties;
145	147		(C) first responders; and
146	148		(D) the environment, including measures to
147	149		mitigate or prevent pollution of air, soil, groundwater, or surface
148	150		water.
149	151		(d) The battery operator or municipally owned utility
150	152		shall:
151	153		(1) before starting commercial operations, provide
152	154		the site-specific emergency operations plan developed under
153	155		Subsection (c) to the local first responder that is responsible for
154	156		providing fire protection services in the area in which the battery
155	157		energy storage is located; and
156	158		(2) maintain materials safety data sheets or
157	159		comparable documents and the site-specific emergency operations
158	160		plan developed under Subsection (c) at an on-site location
159	161		accessible to personnel responsible for the operations and
160	162		maintenance of the battery energy storage and first responders.
161	163		(e) The battery operator or municipally owned utility shall
162	164		offer to local first responders, at no cost to the responders,
163	165		education and annual training regarding responding to an equipment
164	166		failure incident at the battery energy storage site, including:
165	167		(1) training on specific characteristics of battery
166	168		energy storage technology;
167	169		(2) training on protecting first responders during
168	170		incident response;
169	171		(3) training on hazards commonly associated with
170	172		incident response;
171	173		(4) training on incident response protocols,
172	174		including an overview of the site-specific emergency operations
173	175		plan developed under Subsection (c); and
174	176		(5) an on-site review of the perimeter, major
175	177		equipment, and ingress and egress to the battery energy storage
176	178		site.
177	179		SECTION 2. Sections 187.002 and 187.003, Utilities Code, as
178	180		added by this Act, apply only to battery energy storage facilities
179	181		or equipment for which interconnection is approved by the
180	182		independent system operator of jurisdiction on or after January 1,
181	183		2027.
182	184		SECTION 3. This Act takes effect September 1, 2025.