In this chapter:

1. (1) "Battery energy storage facility" includes:

   1. (A) a battery energy storage resource; and
   2. (B) any facility or equipment necessary to support the operation of a battery energy storage resource, other than a facility or equipment owned by an electric utility, as defined by Section 31.002.
2. (2) "Battery energy storage facility agreement" means a lease agreement between a grantee and a landowner that authorizes the grantee to operate a battery energy storage facility on the leased property.
3. (3) "Battery energy storage resource" means an electrochemical device, whether connected at the transmission or distribution level, with a capacity of one megawatt hour or greater that charges from the grid or a colocated generation resource and discharges that energy at a later time.
4. (4) "Battery operation date" means the date on which a battery energy storage resource is first used for its intended purpose.

5. (5) "Grantee" means a person, other than an electric utility as defined by Section 31.002, who:

   1. (A) leases property from a landowner; and
   2. (B) operates a battery energy storage facility on the property.
6. (6) "Recycle" means the processing, including disassembling, dismantling, and shredding of battery energy storage cells, modules or other equipment, or their components, to recover a usable product.

Added by Acts 2025, 89th Leg., R.S., Ch. 281 (H.B. 3809), Sec. 1, eff. September 1, 2025.