Jim Pressel
- Republican
- Representative
- District 20
Author
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.
Signed by the Governor
Public Law 217
Signed by the Speaker
Signed by the President of the Senate
Signed by the President Pro Tempore
Conference Committee Report 1: adopted by the Senate; Roll Call 471: yeas 46, nays 0
Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 484: yeas 94, nays 0
CCR # 1 filed in the Senate
CCR # 1 filed in the House
Senate advisors appointed: Hunley, Garten and Bohacek
Senate conferees appointed: Koch and Ford J.D.
Motion to dissent filed
House dissented from Senate amendments
House conferees appointed: Pressel and Pierce M
House advisors appointed: Soliday, Morris, Hall and Hamilton
Returned to the House with amendments
Senator Leising added as cosponsor
Third reading: passed; Roll Call 268: yeas 49, nays 0
Second reading: ordered engrossed
Committee report: amend do pass, adopted
Senator Bohacek added as cosponsor
First reading: referred to Committee on Homeland Security and Transportation
Referred to the Senate
Third reading: passed; Roll Call 122: yeas 95, nays 0
Senate sponsors: Senators Koch and Garten
Second reading: ordered engrossed
Committee report: amend do pass, adopted
Authored by Representative Pressel
First reading: referred to Committee on Utilities, Energy and Telecommunications
Coauthored by Representatives Soliday and Morris
| Bill Text Versions | Format |
|---|---|
| Introduced House Bill (H) | |
| House Bill (H) | |
| House Bill (S) | |
| Enrolled House Bill (H) |
| Document | Format |
|---|---|
| Fiscal Note: HB1173.04.ENRS.FN001 |
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