HB 1173 IN

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Became Law

Provides that a person may not: (1) construct a new utility scale battery energy storage system (BESS); or (2) expand the capacity of an existing BESS by more than 10% of the system's original capacity; without the prior approval of the department of homeland security (department). Sets forth information that must be included in an application to the department for approval of the construction or expansion of a BESS. Provides that: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; must comply with the National Fire Protection Association's standard concerning stationary energy storage systems (NFPA 855). Provides that the total capacity of the batteries contained within a single enclosure in: (1) a BESS for which installation is subject to department approval; and (2) an installation added to an existing BESS in an expansion for which department approval is required; may not exceed 10 megawatt hours unless authorized under rules adopted by the fire prevention and building safety commission (commission). Provides that if a BESS installed after June 30, 2023, is located less than 1/2 mile from the nearest 100 year flood plain, all of the system's equipment must be located at least two feet above the 100 year frequency flood elevation. Requires the operator of a BESS to: (1) provide a copy of the operator's emergency response plan for the BESS; and (2) offer training to enable effective response to a fire or contaminant discharge at the BESS; to the fire department responsible for providing fire protection services in the area in which the BESS is located. Authorizes the commission to adopt rules to specify standards for the installation and operation of a BESS. Provides that the commission's rules: (1) must be consistent with NFPA 855; and (2) must include standards for: (A) chemical spill prevention and control; and (B) appropriate setbacks from surface water resources. Requires the department to issue to the interim study committee on energy, utilities, and telecommunication, not later than November 1, 2023, a report regarding the progress of the commission in adopting rules addressing the installation and operation of a BESS.

• Jim Pressel Republican · author
• Eric Koch Republican · sponsor
• Chris Garten Republican · sponsor

1. Jan 10, 2023 Coauthored by Representatives Soliday and Morris · lower
2. Jan 10, 2023 Authored by Representative Pressel · lower
3. Jan 10, 2023 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower
4. Feb 9, 2023 Committee report: amend do pass, adopted · lower
5. Feb 13, 2023 Second reading: ordered engrossed · lower
6. Feb 14, 2023 Senate sponsors: Senators Koch and Garten · lower
7. Feb 14, 2023 Third reading: passed; Roll Call 122: yeas 95, nays 0 · lower
8. Feb 15, 2023 Referred to the Senate · lower
9. Feb 27, 2023 First reading: referred to Committee on Homeland Security and Transportation · upper
10. Mar 13, 2023 Senator Bohacek added as cosponsor · upper
11. Mar 23, 2023 Committee report: amend do pass, adopted · upper
12. Mar 27, 2023 Second reading: ordered engrossed · upper
13. Mar 28, 2023 Third reading: passed; Roll Call 268: yeas 49, nays 0 · upper
14. Mar 28, 2023 Senator Leising added as cosponsor · upper
15. Mar 29, 2023 Returned to the House with amendments · upper
16. Apr 6, 2023 Motion to dissent filed · lower
17. Apr 6, 2023 House dissented from Senate amendments · lower
18. Apr 6, 2023 House conferees appointed: Pressel and Pierce M · lower
19. Apr 6, 2023 House advisors appointed: Soliday, Morris, Hall and Hamilton · lower
20. Apr 13, 2023 Senate conferees appointed: Koch and Ford J.D. · upper
21. Apr 13, 2023 Senate advisors appointed: Hunley, Garten and Bohacek · upper
22. Apr 20, 2023 CCR # 1 filed in the House · lower
23. Apr 20, 2023 CCR # 1 filed in the Senate · upper
24. Apr 24, 2023 Conference Committee Report 1: adopted by the Senate; Roll Call 471: yeas 46, nays 0 · upper
25. Apr 24, 2023 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 484: yeas 94, nays 0 · lower
26. Apr 28, 2023 Signed by the President Pro Tempore · upper
27. Apr 28, 2023 Signed by the President of the Senate · upper
28. May 1, 2023 Signed by the Speaker · lower
29. May 4, 2023 Signed by the Governor · executive
30. May 4, 2023 Public Law 217 · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled House Bill (H) · Apr 25, 2023 · PDF
• Introduced House Bill (H) · Jan 10, 2023 · PDF
• House Bill (H) · Feb 9, 2023 · PDF
• House Bill (S) · Mar 23, 2023 · PDF