TX HB3809

Requires battery energy storage facility lease agreements to mandate that operators remove all equipment (batteries, transformers, substations, buried cables, overhead lines) and foundations to at least 3 feet below ground level when operations cease, filling excavated areas with matching soil types

Operators must collect and recycle or properly dispose of all facility components, with hazardous materials going to authorized hazardous waste facilities and non-hazardous materials to appropriate municipal landfills

Landowners may request additional restoration including road removal, removal of rocks over 12 inches in diameter, and returning land to tillable condition with native grass reseeding within 180 days of receiving decommissioning notice

Operators must provide financial assurance (parent company guaranty, letter of credit, bond, or similar) by the 15th anniversary of operation or agreement termination, covering estimated removal costs minus salvage value, with cost estimates by a licensed Texas engineer updated every 5 years starting at year 10

Applies only to agreements entered into on or after September 1, 2025; existing agreements remain governed by prior law