SB 3409

Amends the Counties Code. In provisions concerning energy storage systems, provides that the farmland drainage plan that a facility owner must file with a county shall include, among other things, plans to repair any subsurface drainage affected during construction or deconstruction using procedures outlined in the agricultural impact mitigation agreement (rather than outlined in the decommissioning plan) and procedures for the repair and restoration of surface drainage affected during construction or deconstruction. Provides that a county shall (rather than may) require a facility owner to provide a decommissioning plan to the county. Makes changes to the requirements of a decommissioning plan. Provides that a county shall (rather than may) require the facility owner to submit to the county (i) a commercial operation a commissioning report meeting specified requirements of specified publications of the National Fire Protection Association; (ii) a hazard mitigation analysis meeting specified requirements of specified publications of the National Fire Protection Association; (iii) an emergency operations plan meeting specified requirements of specified publications of the National Fire Protection Association; and (iv) a warning that complies with specified publications of the National Fire Protection Association. Provides that the energy storage system owner shall enter into one agricultural impact mitigation agreement for each energy storage system. Requires the agricultural impact mitigation agreement for an energy storage system to include specified plans. Requires a commercial renewable energy facility owner to make available a copy of the signed agricultural impact mitigation agreement at the site of the commercial renewable energy facility during any construction or deconstruction activities. Makes other changes.