Commercial and utility energy storage systems in Texas
Which codes apply? In Texas, commercial and utility energy storage systems fall under the 2026 NEC, NFPA 1 in place of the IFC, the 2012 IBC (local option), and the 2020 NFPA 855.
Codes that reach commercial and utility energy storage systems
The edition Texas enforces for each code that governs the product, and the part of the code that does.
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NECNational Electrical CodeThe Texas NEC record2026 NECVerified
in force since Sep 1, 2026
Where it reaches the product. Article 706, with 705 for the interconnection.
2026 National Electrical Code (Texas state electrical code) · 16 Tex. Admin. Code §73.100; Tex. Occ. Code §1305.101(a)(2)
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IFCInternational Fire CodeThe Texas IFC recordAnother model codeVerified
Where it reaches the product. Chapter 12, section 1207, and the operational permit.
State Fire Marshal standards: NFPA 1-2021 Fire Code and NFPA 101-2021 Life Safety Code · Tex. Gov’t Code §417.008(e) and §417.0081; 28 TAC §34.303; Tex. Local Gov’t Code §§233.061-.062; Tex. Health & Safety Code §775.036(b)
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IBCInternational Building CodeThe Texas IBC record2012 IBCVerified
in force since Jan 1, 2022 · Local adoption
Where it reaches the product. Occupancy, construction type, and separation for the building that holds the system.
International Building Code, as it existed on May 1, 2012 (municipal commercial building code) · Tex. Local Gov’t Code §214.216
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NFPA 855NFPA 855, Standard for the Installation of Stationary Energy Storage SystemsThe Texas NFPA 855 record2020 NFPA 855Verified
in force since Sep 1, 2023 · Adopted directly
Where it reaches the product. The whole standard: siting, size and separation, fire control, explosion control, and commissioning.
State Fire Marshal's Office position on battery energy storage systems under its adopted NFPA 1-2021 fire code · Tex. Gov't Code 417.008(e), 417.0081; TDI battery energy storage systems page
Texas laws that name commercial and utility energy storage systems
On the site: 28 laws, rules, orders, and bills, newest first.
| Law or rule | Kind | Stage | Date | What it does |
|---|---|---|---|---|
| 30 TAC ch. 328 | Rule | PartialIn force | Oct 1, 2026 | Requires recycling facilities handling wind, solar, and utility-scale battery components to file annual inventories and engineer cost estimates by Jan 15. They must hold financial assurance equal to 100 percent of the estimate, with the state as beneficiary; penalties are capped at $500 a day. Source (opens in a new tab) |
| 16 TAC 73.100 | Code amendment | PartialIn force | Sep 1, 2026 | Requires electrical work to follow the 2026 National Electrical Code from Sep 1, 2026, with a limited exception for ground-fault protection on certain outdoor outlets. Source (opens in a new tab) |
| 16 TAC 25.513 | Rule | PartialIn force | May 22, 2026 | Funds grants or loans for islanding backup power packages at critical facilities that pair gas or propane generation with solar panels and batteries. Source (opens in a new tab) |
| TDI informal working draft | Rule | VerifiedPending | Apr 10, 2026 | Informal working draft rules would move State Fire Marshal codes to the 2024 editions of NFPA 1 and NFPA 101. They would also carry out the 2025 battery facility law. Source (opens in a new tab) |
| TCEQ universal waste guidance | Agency guidance | PartialIn force | Nov 7, 2025 | Explains that businesses may manage waste batteries as universal waste. Source (opens in a new tab) |
| HB 3228 | Bill | PartialIn force | Sep 1, 2025 | Requires leases for solar power facilities, which the law defines to include battery storage, to provide for reuse or recycling and financial assurance. Source (opens in a new tab) |
| HB 3229 | Bill | PartialIn force | Sep 1, 2025 | Requires recycling facilities that accept wind, solar, and battery storage components to file annual inventories, recycling timelines, and engineer cost estimates with the state. Source (opens in a new tab) |
| HB 3809 | Bill | PartialIn force | Sep 1, 2025 | Requires landowner leases for battery storage facilities of 1 MWh or more to make the operator remove equipment and restore land. Source (opens in a new tab) |
| HB 3824 | Bill | PartialIn force | Sep 1, 2025 | Requires battery energy storage facilities of 1 MWh or more that begin operating on or after Jan 1, 2027, to meet state fire safety standards. Source (opens in a new tab) |
| SB 2368 | Bill | PartialIn force | Sep 1, 2025 | Requires ERCOT market participants to attest compliance with the foreign-adversary access law and report critical grid equipment purchases from covered companies. Source (opens in a new tab) |
| PUCT Project No. 54233 | Rule | PartialPending | May 14, 2025 | Proposes, as a staff discussion draft, new statewide interconnection rules for distributed energy resources, split at 250 kW, with updated inverter ride-through and certification standards. Source (opens in a new tab) |
| TDI Battery Energy Storage Systems FAQ | Agency guidance | PartialIn force | Feb 14, 2025 | Explains that battery systems above the NFPA 855 thresholds must meet the 2020 edition of NFPA 855 where the State Fire Marshal has jurisdiction. Source (opens in a new tab) |
| ERCOT Nodal Operating Guide Revision Request 245 | Tariff | PartialIn force | Oct 1, 2024 | Requires inverter-based resources and certain wind resources in ERCOT to meet voltage and frequency ride-through requirements consistent with or exceeding IEEE 2800-2022. Source (opens in a new tab) |
| 28 TAC 34.303 and related | Rule | PartialIn force | Sep 1, 2023 | Requires State Fire Marshal inspections to apply the 2021 editions of NFPA 1 (Fire Code) and NFPA 101 (Life Safety Code). Source (opens in a new tab) |
| Tex. Bus. & Com. Code ch. 117 | Statute | PartialIn force | Jun 18, 2021 | Prohibits agreements giving companies tied to China, Iran, North Korea, Russia, or designated countries access to or control of critical infrastructure, including electric grids. Source (opens in a new tab) |
| Tex. Occ. Code ch. 1305 | Statute | PartialIn force | Sep 1, 2017 | Requires a state license for electrical work and requires the state to adopt each new edition of the National Electrical Code as its electrical code. Source (opens in a new tab) |
| HB 1343 | Bill | PartialDid not pass | – | Proposes requiring a utility commission permit before installing wholesale battery storage in the ERCOT region, with fire-spread spacing and residential access siting rules. Source (opens in a new tab) |
| HB 1378 | Bill | PartialDid not pass | – | Proposes requiring cities and counties to bar wholesale battery storage within 500 yards of others' property unless each affected owner consents in writing. Source (opens in a new tab) |
| HB 3422 | Bill | PartialDid not pass | – | Proposes requiring landowner leases for battery storage generation assets to make operators remove equipment and restore land, with financial assurance by the 10th year. Source (opens in a new tab) |
| HB 4363 | Bill | PartialDid not pass | – | Proposes requiring a utility commission permit to connect wholesale battery storage to transmission, with state fire marshal standards on spacing, barriers, shutdown, and suppression. Source (opens in a new tab) |
| HB 5482 | Bill | PartialDid not pass | – | Proposes requiring utility commission approval before wind, solar, or battery storage facilities connect to the ERCOT grid, with fire mitigation plans for batteries. Source (opens in a new tab) |
| HB 5569 | Bill | PartialDid not pass | – | Proposes state fire marshal fire safety standards, based on NFPA 855, for grid battery storage approved for interconnection from Jan 1, 2027. Operators would need site emergency plans, free responder training, and fire inspections every three years; conflicting local rules would be void. Source (opens in a new tab) |
| HB 5572 | Bill | PartialDid not pass | – | Proposes requiring utility commission approval, after a contested case, before a battery storage facility connects to the ERCOT grid, including a fire mitigation plan. Source (opens in a new tab) |
| SB 1478 | Bill | PartialDid not pass | – | Proposes moving wind lease rules into a new chapter covering wholesale storage, solar, wind, and other renewables, requiring removal and land restoration terms. Source (opens in a new tab) |
| SB 1519 | Bill | PartialDid not pass | – | Proposes requiring a utility commission permit before installing wholesale battery storage in the ERCOT region, with fire-spread spacing and residential access siting rules. Source (opens in a new tab) |
| SB 1824 | Bill | PartialDid not pass | – | Proposes requiring landowner leases for wholesale battery storage colocated with wind or solar to make operators remove equipment, recycle where practicable, and restore land. Source (opens in a new tab) |
| SB 1825 | Bill | PartialDid not pass | – | Proposes state fire marshal fire safety standards, based on NFPA 855 and UL 9540A, for grid battery storage approved for interconnection from Jan 1, 2027. Operators would need site emergency plans, free responder training, and fire inspections every three years; conflicting local rules would be void. Source (opens in a new tab) |
| SB 2659 | Bill | PartialDid not pass | – | Proposes requiring recycling facilities that accept wind, solar, and battery storage components to file annual inventories, timelines, and engineer cost estimates with the state. Source (opens in a new tab) |
Every Texas law on commercial and utility energy storage systems, with filters
For information only. Your local building or fire official decides which code applies. We check state records often but can miss a recent change, so confirm with your official before you design, permit, or install. Terms of use