Texas Utilities Code

§ 303.0004 — REQUIRED AGREEMENT PROVISIONS ON FACILITY REMOVAL

UT § 303.0004Title 6. PRIVATE POWER AGREEMENTS · Ch. 303. BATTERY ENERGY STORAGE FACILITY AGREEMENTS

Statute text

(a)A battery energy storage facility agreement must provide that the grantee is responsible for removing the battery energy storage facility from the landowner's property and that the grantee shall, in accordance with any other applicable laws or regulations, safely:

(1)clear, clean, and remove from the property each battery energy storage resource, transformer, and substation installed and owned by the grantee;

(2)for each foundation installed in the ground for a battery energy storage resource, transformer, or substation installed and owned by the grantee:

(A)clear, clean, and remove the foundation from the ground to a depth of at least three feet below the surface grade of the land in which the foundation is installed; and

(B)ensure that each hole or cavity created in the ground by the removal is filled with soil of the same type or a similar type as the predominant soil found on the property;

(3)for each buried cable, including power, fiber-optic, and communications cables, installed and owned by the grantee:

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Legislative history

Added by Acts 2025, 89th Leg., R.S., Ch. 281 (H.B. 3809), Sec. 1, eff. September 1, 2025.