On May 29, 2025, House Bill No. 3809 was signed into law by Texas Governor Greg Abbott. Born out of a crop of bills regulating renewable energy, including S.B. 388, S.B. 715, and S.B. 819, H.B. 3809 is the only one to be signed into law this session. It takes effect September 1, 2025 and places additional requirements on certain battery energy storage operators entering into a lease on or after that date. [H.B. 3809, Sections 2 and 3]. Specifically, the bill mandates decommissioning requirements in battery energy storage (BESS) facilities, other than those owned by an electric utility [New Sections 303.001(1)(B) and (5) of the Texas Utilities Code], requires financial assurance to comply with these decommissioning obligations, and sets forth non-waivable provisions in facility leases conta

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