summary
Introduced
01/29/2026
01/29/2026
In Committee
01/29/2026
01/29/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Counties Code. In provisions concerning energy storage systems, provides that the farmland drainage plan that a facility owner must file with a county shall include, among other things, plans to repair any subsurface drainage affected during construction or deconstruction using procedures outlined in the agricultural impact mitigation agreement (rather than outlined in the decommissioning plan) and procedures for the repair and restoration of surface drainage affected during construction or deconstruction. Provides that a county shall (rather than may) require a facility owner to provide a decommissioning plan to the county. Makes changes to the requirements of a decommissioning plan. Provides that a county shall (rather than may) require the facility owner to submit to the county (i) a commercial operation a commissioning report meeting specified requirements of specified publications of the National Fire Protection Association; (ii) a hazard mitigation analysis meeting specified requirements of specified publications of the National Fire Protection Association; (iii) an emergency operations plan meeting specified requirements of specified publications of the National Fire Protection Association; and (iv) a warning that complies with specified publications of the National Fire Protection Association. Provides that the energy storage system owner shall enter into one agricultural impact mitigation agreement for each energy storage system. Requires the agricultural impact mitigation agreement for an energy storage system to include specified plans. Requires a commercial renewable energy facility owner to make available a copy of the signed agricultural impact mitigation agreement at the site of the commercial renewable energy facility during any construction or deconstruction activities. Makes other changes.
AI Summary
This bill modifies regulations for energy storage systems, which are facilities that can store and release energy, by strengthening county oversight and requiring more detailed plans from facility owners. Key changes include mandating that farmland drainage plans address repairs to subsurface drainage using procedures from an agricultural impact mitigation agreement (an agreement between the facility owner and the Department of Agriculture outlining standards to protect farmland) and outlining procedures for surface drainage repair. Counties will now be required, rather than allowed, to demand a decommissioning plan (a plan for removing the facility at the end of its life) and specific operational reports, hazard analyses, emergency plans, and warning information that comply with National Fire Protection Association (NFPA) standards. The bill also clarifies that energy storage system owners must enter into one agricultural impact mitigation agreement per system and requires these agreements to include specific plans for land restoration and drainage. Furthermore, owners of commercial renewable energy facilities, including energy storage systems, must make their signed agricultural impact mitigation agreements available on-site during construction or deconstruction activities.
Sponsors (7)
Christopher Belt (D)*,
Li Arellano (R),
Terri Bryant (R),
Dale Fowler (R),
Dave Syverson (R),
Jil Tracy (R),
Doris Turner (D),
Last Action
Added as Co-Sponsor Sen. Li Arellano, Jr. (on 02/05/2026)
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