A. An energy storage resource shall comply with the following minimum safety codes and standards for energy storage resource equipment or facilities:
- 1. The International Fire Code (IFC), as adopted and amended by the Oklahoma Uniform Building Code Commission, in effect at the time a construction permit is applied for; and
2. Criteria described in the National Fire Protection Association (NFPA) 855 2026 Standard for the Installation of Stationary Energy Storage Systems.
Where a conflict exists between the requirements of the IFC, as adopted and amended by the Oklahoma Uniform Building Code Commission, and the NFPA 855 2026 edition, the provisions of the NFPA 855 2026 edition shall take precedence. For an energy storage resource with a nameplate capacity equal to or less than one (1) megawatt, only the provisions of this subsection shall apply.
B. Before a construction permit is issued for an energy storage resource, the entity responsible for fire inspection and primary emergency response may require the resource owner to pay for an independent, third-party engineer licensed in this state or other consultant with appropriate expertise, to provide a written report to the entity responsible for fire inspection and primary emergency response and the resource owner determining:
- 1. Whether the energy storage resource, as proposed, complies with subsection A of this section; and
- 2. To the extent the energy storage resource does not comply with subsection A of this section, any appropriate actions to cure such noncompliance in accordance with the NFPA 855 2026 edition.
- C. Any resource owner that receives a lawful request pursuant to subsection B of this section shall cooperate with the request. Such cooperation shall include providing the engineer or consultant with all necessary documents relating to the energy storage resource's site layout, emergency operations plan, hazard mitigation analysis, manufacturer specifications, product listings, including, but not limited to, UL 9540 and UL 9540A reports, compliance with the NFPA 855 2026 edition and other applicable referenced standards, electrical drawings, monitoring procedures, and fire protection system, as applicable to the proposed energy storage resource. If the engineer or consultant identifies appropriate actions to cure noncompliance under paragraph 2 of subsection B of this section, the resource owner shall implement said appropriate actions before commencement of operations.
D. Energy storage resources, other than energy storage systems installed in one- and two-family dwellings as defined in the NFPA 855 2026 edition, in this state shall have and maintain, at an on-site location accessible to local first responders, a site-specific emergency operations plan. In accordance with the NFPA 855 2026 edition, the site-specific emergency operations plan shall identify:
- 1. Potential risks and hazards specific to the site;
- 2. Hazard mitigation measures;
- 3. Procedures for the safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions, including emergency procedures to be followed in case of fire;
- 4. Procedures for handling equipment damaged in a fire or other emergency event;
- 5. Procedures and schedules for conducting drills using the procedures listed under this subsection and documentation related to the performance of the drills;
- 6. Procedures for communication between the operator of the energy storage resource and first responders, including procedures that facilitate communication between first responders and emergency contacts for the resource operator; and
- 7. Emergency operations protocols to ensure safety during critical events, including protocols that provide for the safety of nearby residents, neighboring properties, and first responders.
- E. Before commencement of operations, the resource owner shall provide the site-specific emergency operations plan to the entity responsible for fire inspection and primary emergency response.
F. Energy storage resource owners in this state shall offer to local first responders, at no cost to the responders, education and training regarding responding to an equipment failure incident at the energy storage resource site. The training shall include:
- 1. Training on specific characteristics of the energy storage resource technology;
- 2. Training on protecting first responders during incident response;
- 3. Training on hazards commonly associated with incident response;
- 4. Training on incident response protocols, including an overview of the site-specific emergency operations plan developed under subsection D of this section; and
- 5. An on-site review of the perimeter, major equipment, and ingress and egress to the energy storage resource site.
- G. Unless expressly authorized by law, political subdivisions in this state shall not adopt, enforce, or maintain any rules, regulations, codes, or standards that uniquely apply to energy storage resources other than those set forth in the Oklahoma Energy Storage Resource Safety Act.
Laws 2026, HB 3464, c. 155, § 4, emerg. eff. July 1, 2026.