HB 1173

Bill Subjects

Abstract

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 existing 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 a new BESS, or an expansion of an existing BESS, must comply with the National Fire Protection Association's standard concerning stationary energy storage systems (NFPA 855). Provides that if a BESS 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 provide a copy of the operator's emergency response plan for the BESS to the fire department responsible for providing fire protection services in the area in which the BESS is located. Authorizes the fire prevention and building safety commission (commission) to adopt rules to specify standards for the installation and operation of a BESS. Provides that the commission's rules must be consistent with NFPA 855. Provides that the commission's rules must include standards for: (A) chemical spill prevention and control; and (B) appropriate setbacks from surface water resources; for the installation and expansion of a BESS. Requires the department to issue to the interim study committee on energy, utilities, and telecommunication, not later than July 31, 2023, a report regarding the progress of the commission in adopting rules addressing the installation and operation of a BESS.