summary
Introduced
02/04/2026
02/04/2026
In Committee
02/06/2026
02/06/2026
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 concerning energy storage systems, which are facilities that can store and release energy, with a capacity greater than 500 kilowatts. Key changes include requiring facility owners to submit detailed farmland drainage plans that specifically outline how subsurface drainage affected by construction or deconstruction will be repaired according to an agricultural impact mitigation agreement, rather than a decommissioning plan. Counties will now be mandated, rather than permitted, to require facility owners to provide a decommissioning plan, which details how the facility will be removed and the land restored. Furthermore, counties will be required to obtain specific operational and safety reports from facility owners before commercial operation, including commissioning reports, hazard mitigation analyses, and emergency operations plans, all adhering to standards set by the National Fire Protection Association (NFPA). The bill also mandates that energy storage system owners enter into a single agricultural impact mitigation agreement for each system, which is a contract designed to minimize the impact of construction and deconstruction on agricultural land, and requires these agreements to be made available on-site during construction or deconstruction activities.
Sponsors (2)
Last Action
Added Co-Sponsor Rep. Steven Reick (on 02/20/2026)
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