H.B. No. 3809 introduces a new chapter, Chapter 303, to the Utilities Code, which establishes regulations for battery energy storage facility agreements in Texas. The bill defines key terms such as "battery energy storage facility," "grantee," and "recycle," and outlines the responsibilities of grantees regarding the removal and disposal of battery energy storage facilities. Specifically, it mandates that grantees must safely remove all components of the facility, including batteries, transformers, and cables, and restore the land to its original condition. Additionally, the bill requires that agreements include provisions for financial assurance to cover the costs associated with these obligations.

The legislation also stipulates that any waiver of rights or liabilities established by this chapter is void, ensuring that individuals harmed by violations can seek injunctive relief. Furthermore, it mandates that grantees must provide evidence of financial assurance to secure their obligations, with specific requirements for estimating removal and recycling costs. The changes in law will apply only to agreements entered into after the effective date of the act, which is set for September 1, 2025.

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