HB 3809 seeks to regulate the decommissioning and removal of battery energy storage facilities in Texas. The bill adds Chapter 303 to the Texas Utilities Code, creating a legal framework to ensure that private land leased for battery storage purposes is properly restored once the facility ceases operations. Under the bill, a "battery energy storage facility agreement" must explicitly require the operator (the "grantee") to remove all facility components—including batteries, transformers, substations, buried cables, and overhead lines—from the property. Foundations and buried materials must be cleared to at least three feet below the surface, and any resulting cavities must be backfilled with soil similar to the native land.
HB 3809 also requires that recyclable materials from decommissioned facilities must be reused or properly recycled where feasible, while non-recyclable hazardous materials must be disposed of according to federal and state laws. Landowners are given the right to request financial assurance, such as a bond or insurance, to ensure that operators will fulfill these obligations at the end of the facility’s operational life. Moreover, the bill invalidates any contract provision that seeks to waive or limit the operator’s removal responsibilities under this law, and it gives harmed landowners the right to seek injunctive relief to enforce the removal requirements.
Importantly, HB 3809 harmonizes with existing laws governing the decommissioning of wind and solar facilities by applying similar cleanup and recycling standards to battery storage projects, especially where they are co-located with renewable generation facilities. The bill emphasizes contract enforcement rather than government regulation, respecting private agreements while protecting landowners from being burdened with cleanup costs. In doing so, HB 3809 promotes responsible energy development and preservation of Texas’s private lands.
Contact the Author
Rep. Drew Darby
