Relating to the removal of battery energy storage facilities.

Contracts

• Lease Templates: Standard lease agreements must be redrafted immediately to include Chapter 303 requirements. Provisions attempting to waive removal duties are void.
• Scope of Restoration: Contracts must explicitly cite the removal of foundations, pads, and underground cables to a depth of at least three feet.
• Hybrid Projects: Existing templates for Wind (Chapter 301) or Solar (Chapter 302) must be amended to include Chapter 303 terms if a battery component is added.

Hiring/Training

• Engineering Validation: You must engage an independent, third-party Professional Engineer (PE) licensed in Texas to certify decommissioning cost estimates.
• Operations Tracking: Asset managers must formally log the "Battery Operation Date" for every facility, as this date triggers the statutory 10-year estimate and 15-year bonding deadlines.

Reporting & Record-Keeping

• Cost Estimates: A PE-certified estimate of removal costs and salvage value must be delivered to the landowner on or before the 10th anniversary of operations, and updated every five years thereafter.
• Decommissioning Notice: You must provide written notice of intent to decommission to the landowner, triggering a 180-day window for them to request specific surface restoration (e.g., leaving roads or rocks).
• Proof of Assurance: Evidence of the bond or guaranty must be delivered to the landowner by Year 15.

Fees & Costs

• Financial Assurance: You must carry the cost of a Parent Company Guaranty, Letter of Credit, or Bond starting no later than Year 15. The amount is (Removal Costs + Remediation Costs) - (Salvage Value).
• Restoration Premiums: Budget for potentially higher restoration costs due to the requirement to fill excavations with "soil of the same or similar type" rather than generic fill.