Kendall County commissioners voted to meet with their counterparts from Kerr County regarding formation of a commission to address the upcoming battery energy storage system (BESS) encroachment into the area.
The formation of a regional planning commission is not about stopping BESS, Precinct 2 Commissioner Andra Wisian said, “but rather providing the two commissioners’ courts, Kendall and Kerr, with an effective way to better address the citizen’s safety concerns with BESS.”
The commission will contact members of the Kerr County Commissioners Court to arrange a meeting to discuss whether formulation of a 391 Sub-Regional Planning Commission is viable.
At its Nov. 12 meeting, the commissioners passed a resolution to formally request any governmental or quasi-governmental agency — including the Texas Commission on Environmental Quality, the Electric Reliability Council of Texas (ERCOT), and the Public Utilites Commission of Texas — “to contact the commissioners court for input on all safety and siting requirements for battery energy storage system facilities proposed in Kendall County.”
A “391” as defined in the Local Government Code, is designed “to improve the health, safety, and general welfare of their residents” and “plan for the future development of communities, areas, and regions,” and includes language pertaining to “healthful surroundings for family life in residential areas.”
The general purpose of a 391 commission, it states, “is to make studies and plans to guide the unified, far-reaching development of a region, eliminate duplication and promote economy and efficiency in the coordinated development of a region.”
A series of foreign investors have approached the Kendall County Commission about plans to buy or lease acreage near Comfort in order to construct energy storage facilities.
A BESS is a series of large, self-contained battery units that allow mass energy storage. Its batteries receive electricity from the power grid or a renewable energy source and subsequently store it as current to then release it when it is needed.
But fire hazards and safety issues have arisen at several facilities across the nation and world, including a fire at a large BESS facility in Arizona that burned for 13 days — during which area residents remained evacuated from the homes and properties.
The 391 commission that Kendall County is studying “would compel any state governmental agency ... involved in the permitting and regulation of BESS to coordinate with the commission,” Wisian said.
“This would give Kendall and Kerr counties a seat at the table,” she said, “allowing better access to information about the potential sites, plans, timelines, safety processes, all of that information about BESS coming to the region.”
Wisian and Precinct 4 Commissioner Chad Carpenter are leading the commission’s involvement in the BESS issue, as only two of the four commissioners are allowed to work closely on any one topic without violating state law.
“This will allow each county to develop and implement safety measures to mitigate potential hazards accordingly,” Wisian added.
Precinct 1 Commissioner Christina Bergmann said both county courts have been studying the formation of this commission.
“I agree with the other commissioners, on getting everyone in the same room to discuss this,” Bergmann said.
“I don’t know what Kerr County is thinking, or what Kerr County commissioner or the judge have questions on. But if we all get in the same room ... I think it could be very helpful on moving forward,” Bergmann added. County Judge Shane Stolarczyk asked that cities in the region be invited to send representatives to be a part of any meeting that results from consulting with Kerr officials.
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