Tex. Utilities Code § 187.003 — TX Code / Code ut / Chapter 187 / Section 187.003
§ 187.003. FIRE SAFETY STANDARDS FOR BATTERY ENERGY STORAGE FACILITIES.
Status: in_force

(a) The commissioner by rule shall adopt fire safety standards and testing requirements for the design, installation, operation, and safety of battery energy storage facilities based solely on:

(1) nationally recognized standards for battery energy storage equipment or facilities established by UL Solutions, such as UL 9540A testing standards; and

(2) minimum standards related to stationary energy storage facilities established by the National Fire Protection Association, such as the 2023 edition of NFPA 855 or a later edition.

(b) The commissioner may periodically update the standards and requirements adopted under Subsection (a) as necessary to reflect changes in the nationally recognized standards and the National Fire Protection Association standards on which the commissioner's standards are based.

(c) Each battery operator or municipally owned utility that owns or operates a battery energy storage facility shall ensure that the facility meets the standards for design, installation, operation, and safety adopted by the commissioner under Subsection (a) in effect at the time the operator or utility first submits an application for a building permit or other similar authorization from the relevant political subdivision to install the facility.

(d) Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is inconsistent with the standards for design, installation, operation, and safety adopted by the commissioner under Subsection (a).

(e) Before the commercial operations date of a battery energy storage facility, on request by a municipality in which the facility is located, or a county in which the facility is located if the facility is in an unincorporated area, a battery operator that owns or operates the facility shall, at the battery operator's expense, select and contract with an independent, third-party engineer licensed in this state or other consultant with appropriate expertise to:

(1) evaluate the design, safety, and installation of the facility to ensure compliance with the requirements of this section;

(2) produce a written report that:

(A) includes the evaluation;

(B) identifies any noted deficiencies in compliance with the standards adopted under this section; and

(C) recommends appropriate actions to correct deficiencies; and

(3) provide the written report described by Subdivision (2) to the requesting municipality or county.

(f) The battery operator must make available to the engineer or consultant and the requesting municipality or county the following documents if held or created by the battery operator:

(1) at the time the operator first submits an application for a building permit or other similar authorization from the relevant political subdivision to install the battery energy storage facility:

(A) documents relating to the site layout;

(B) any manufacturer specifications for the facility;

(C) a UL 9540A report and any UL listings and associated documentation for the facility;

(D) National Fire Protection Association standards, including any associated documentation, for the facility;

(E) electrical drawings for the facility;

(F) monitoring procedures for the facility; and

(G) fire protection system documentation for the facility; and

(2) at the commencement of installation:

(A) the emergency operations plan described by Section 187.004; and

(B) a hazard mitigation analysis for the battery energy storage facility.

(g) At least once every five years, each battery operator shall select and contract with, at the battery operator's expense, an independent, third-party engineer licensed in this state or other consultant with appropriate expertise to produce a fire safety inspection report for the battery operator's battery energy storage facility and provide the report to the municipality in which the facility is located or to the county in which the facility is located if the facility is in an unincorporated area. The report must:

(1) include an evaluation of:

(A) the structural integrity and weatherproofing of any enclosure containing a battery energy storage resource at the site of the facility against design specifications;

(B) the maintenance schedule and any associated documentation for the facility;

(C) the emergency operations plan described by Section 187.004;

(D) any hazard mitigation analysis for the facility;

(E) any monitoring procedures and gas or fire safety alarm activation history for the facility;

(F) fire protection system inspection and testing records for the facility; and

(G) the ventilation equipment of the facility or other safety equipment with the same or a similar function; and

(2) identify any noted deficiencies and recommend appropriate actions to correct deficiencies.