HB 5572

relating to energy storage facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 35, Utilities Code, is amended by adding
subchapter F to read as follows:
SUBCHAPTER F. ENERGY STORAGE FACILITY APPROVAL
Sec. 35.201.  DEFINITIONS.  In this subchapter:
(1)  "Energy storage facility" means a battery energy
Sec. 35.202.  APPLICATION.  (a)  On or before September 1,
2026, the commission shall establish a rule to create a process for
energy storage facility applications and for the provision of
public notice of the application to state agencies, local
landowners, and county and municipal officials.
(b)  An energy storage facility may not interconnect to the
ERCOT electric grid without one of the following:
(1)  the energy storage facility obtains approval by
the commission under this subchapter; or
(2)  the commission by order approves the
interconnection of the energy storage facility.
(c)  The commission shall approve, deny, or approve with
conditions each application for interconnection of an energy
storage facility through a contested case proceeding on a
nondiscriminatory basis after considering:
(1)  existing renewable energy generation facilities
(2)  existing agricultural and recreational land uses;
(3)  environmental and species impact;
(4)  historical and aesthetic values;
(5)  appropriate setbacks from existing development;
(6)  any other factor the commission deems appropriate.
(d)  An application submitted under this section must
(1)  any recommendations provided by the Texas
Commission on Environmental Quality and the Texas Parks and
(2)  a plan of action for responding to state agency
recommendations prior to and during construction; and
(3)  a fire mitigation plan that provides for:
(B)  fire mitigation procedures; and
(C)  ingress and egress plans during a fire event.
Sec. 35.203.  DEADLINE FOR DECISION.  The commission must
approve, deny, or approve with conditions an application not later
than the 180th day after the date the application is filed or it is
SECTION 2.  This Act takes effect September 1, 2025.