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Bill

HB 3809

Relating to the removal of battery energy storage facilities.

89th Legislature (2025) Introduced by Daniel Alders and 15 co-sponsors

HB 3809 requires battery energy storage facilities in Texas to establish financial assurance and decommissioning plans ensuring proper site restoration and removal upon closure.

Effective on 9/1/25
#civilremedies&liabilities(i0065) #energy--fuelstorage(i0319) #environment--general(i0340) #environment--recycling(i0336) #utilities--electric(i0831) #utilities--general(i0830)
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Bill Summary · HB 3809

Legislative bill overview

HB 3809 establishes procedures and requirements for the removal and decommissioning of battery energy storage facilities (BESSs) in Texas. The bill sets standards for site restoration, financial assurance mechanisms, and regulatory oversight to ensure that energy storage installations can be safely and responsibly removed when they reach end-of-life or cease operations.

Why is this important

As Texas rapidly expands battery storage capacity to support renewable energy integration and grid reliability, establishing clear decommissioning rules protects communities from abandoned facilities and environmental contamination. The bill addresses a growing regulatory gap as storage technology deployment accelerates across the state, particularly in areas with significant solar and wind generation.

Potential points of contention

  • Financial burden on operators: Requiring advance financial assurances for removal may increase operational costs and potentially discourage storage facility development in less economically viable locations
  • Local control vs. state preemption: The bill's scope regarding local authority over facility removal decisions and community input into decommissioning plans remains a potential friction point
  • Environmental standards ambiguity: Questions may arise about whether removal standards adequately address battery recycling, hazardous materials handling, and soil remediation requirements

Compiled from official sources — confirm details with the bill’s official record.

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