Battery operators and municipally owned utilities must prepare and share site-specific emergency operations plans for battery energy storage facilities, keep related safety documents on site, and offer free annual responder training.
Sec. 187.004. EMERGENCY OPERATIONS PLANS FOR BATTERY ENERGY STORAGE FACILITIES. (a) In this section, "first responder" has the meaning assigned by Section 78B.001, Civil Practice and Remedies Code. (b) The commissioner by rule may prescribe procedures or requirements as necessary for the purposes of this section. (c) A battery operator or a municipally owned utility shall produce a site-specific emergency operations plan for each battery energy storage facility site owned or operated by the battery operator or utility. The site-specific emergency operations plan must include: (1) an identification of potential risks and hazards specific to the site, including an assessment of any potential environmental effects resulting from an equipment failure; (2) a hazard mitigation analysis; (3) procedures for the safe shutdown, de-energizing, or isolation of equipment and facilities under emergency conditions, including emergency procedures to be followed in case of fire; (4) procedures for handling equipment damaged in a fire or other emergency event; (5) procedures and schedules for conducting drills using the procedures listed under this subsection and documentation related to the performance of the drills; (6) procedures for communication between the operator or utility and first responders, including procedures that facilitate communication between first responders and emergency contacts designated by the operator or utility; and (7) emergency operations protocols to ensure safety during critical events, including protocols that provide for the safety of: (A) nearby residents; (B) neighboring properties; and (C) first responders. (d) The battery operator or municipally owned utility shall: (1) before the commercial operations date of the battery energy storage facility, provide the site-specific emergency operations plan developed under Subsection (c) to the local first responder that is responsible for providing fire protection services in the area in which the facility is located; and (2) maintain safety data sheets or comparable documents and the site-specific emergency operations plan developed under Subsection (c) at an on-site location accessible to personnel responsible for the operations and maintenance of the battery energy storage facility and first responders. (e) The battery operator or municipally owned utility shall offer to local first responders, at no cost to the responders, education and annual training regarding responding to an equipment failure incident at the battery energy storage facility site, including: (1) training on specific characteristics of battery energy storage technology; (2) training on protecting first responders during incident response; (3) training on hazards commonly associated with incident response; (4) training on incident response protocols, including an overview of the site-specific emergency operations plan developed under Subsection (c); and (5) an on-site review of the perimeter, major equipment, and ingress and egress to the site. Added by Acts 2025, 89th Leg., R.S., Ch. 641 (H.B. 3824), Sec. 1, eff. September 1, 2025.