HB 1173 Utility scale battery energy storage systems

About HB-1173

Utility scale battery energy storage systems. Provides that a person may not:

• (1) construct a new utility scale battery energy storage system (BESS); or
• (2) expand the capacity of an existing BESS by more than 10% of the system's original capacity; without the prior approval of the department of homeland security (department)

Sets forth information that must be included in an application to the department for approval of the construction or expansion of a BESS. Provides that:

• (1) a BESS for which installation is subject to department approval; and
• (2) an installation added to an existing BESS in an expansion for which department approval is required; must comply with the National Fire Protection Association's standard concerning stationary energy storage systems (NFPA 855)

Provides that the total capacity of the batteries contained within a single enclosure in:

• (1) a BESS for which installation is subject to department approval; and
• (2) an installation added to an existing BESS in an expansion for which department approval is required; may not exceed 10 megawatt hours unless authorized under rules adopted by the fire prevention and building safety commission (commission)

Provides that if a BESS installed after June 30, 2023, is located less than 1/2 mile from the nearest 100 year flood plain, all of the system's equipment must be located at least two feet above the 100 year frequency flood elevation. Requires the operator of a BESS to:

• (1) provide a copy of the operator's emergency response plan for the BESS; and
• (2) offer training to enable effective response to a fire or contaminant discharge at the BESS; to the fire department responsible for providing fire protection services in the area in which the BESS is located

Authorizes the commission to adopt rules to specify standards for the installation and operation of a BESS. Provides that the commission's rules:

• (1) must be consistent with NFPA 855; and
• (2) must include standards for: (A) chemical spill prevention and control; and (B) appropriate setbacks from surface water resources

Requires the department to issue to the interim study committee on energy, utilities, and telecommunication, not later than November 1, 2023, a report regarding the progress of the commission in adopting rules addressing the installation and operation of a BESS.