Troxclair bill would prevent BESS permits along ‘lone access’ roads

AUSTIN — State Rep. Ellen Troxclair (R-Lakeway) has filed a bill to dramatically enhance accountability for companies seeking to install battery energy storage systems (BESS) in rural areas across Texas. 

Under Troxclair’s Bill 1343, the Public Utilities Commission of Texas would grant a BESS permit “only in a location that, in the event of a fire at the site ... (it) is reasonably unlikely to block the only access point to a residential area.” 

A big bone of contention with many residents who live on Flat Rock Creek in Comfort — where at least two foreign firms intend to build BESS facilities — is that their homes are past the planned BESS spots on Flat Rock Creek, with no secondary access or escape route available to them should the road be blocked because of a BESS emergency. 

“When companies seek to locate a lithium-ion BESS close to a home, a school or a watershed, as they have in the Hill Country, we must prioritize the safety and well-being of our communities, our water supply and the surrounding environment,” Troxclair said in introducing the bill ahead of the state Legislature's session start in January. 

The bill would require each permitted storage facility to be installed a safe distance from other BESS facilities “to reasonably mitigate the risk of a fire at the permitted electric energy storage equipment or facility spreading to (another similar) facility.” 

“This bill will do just that by implementing a new permitting process for BESS facilities,” Troxclair said. 

“It should be the responsibility of the BESS operator, not the local residents, to ensure that the health and safety of the nearby community is prioritized and protected,” she said. 

Unincorporated towns such as Comfort and Harper have been barraged by the sudden arrival of companies deep in the planning stage for their battery storage facilities. 

But area residents aren’t taking the BESS plans lightly. At a Jan. 29, 2024 meeting in Comfort, more than 275 people crowded into and around the Comfort Middle School multi-purpose room to hear from representative of Key Capture Energy, which plans to build a BESS on acreage leased along Flat Rock Creek. 

Dozens of people who live along Flat Rock Creek cited the lack of a secondary or escape route should the proposed BESS facility experience a fire or similar disaster. 

House Bill 1343 includes: new requirements for public notices and meetings; sound data from the applicant on local first responder capabilities; new fees to cover local costs; strong oversight of utilities; and ensures compliance with local and state laws and safety measures.  

“Our state’s growth requires a strong and resilient energy grid, and that goal must be achieved without impeding property rights, water quality or basic health and safety protections,” she said. 

“Texans deserve a clear and deliberative process for these questionably-sited proposals, and I will do everything possible this legislative session to see that the State delivers,” she added.