The bill introduces Chapter 303 to the Utilities Code, establishing regulations for battery energy storage facility agreements in Texas. It defines key terms such as "battery energy storage facility," "battery energy storage facility agreement," and "grantee." The chapter mandates that agreements must include provisions for the removal of battery energy storage facilities, ensuring that grantees are responsible for safely clearing and restoring the land to its original condition after decommissioning. Additionally, it stipulates that any waiver of rights or liabilities in these agreements is void, and individuals harmed by violations are entitled to seek injunctive relief.

Furthermore, the bill requires that battery energy storage facility agreements include financial assurance provisions to secure the grantee's obligations for facility removal. This includes obtaining evidence of financial assurance, such as bonds or letters of credit, to cover the estimated costs of removal and restoration. The grantee must also provide updated estimates of these costs every five years. The provisions of this chapter will apply only to agreements entered into after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: ()