Before it goes into effect, it will require a second vote, which is slated to come at City Council’s next meeting.
What happened
On June 26, League City City Council voted unanimously on first reading to approve an ordinance to regulate BESSs that would be built in the city.
Community Impact previously reported the ordinance lists out some requirements tied to safety, aesthetics, decommissioning and location, according to city documents. Some of the key requirements include:
- Sites being at least 200 feet away from an area zoned residential, which could increase based on results of plume, or fire safety, studies
- In lieu of taxes, applicants being required to enter into a payment agreement with the city to compensate for lost tax revenue attributed to depreciation
- Receiving a special-use permit to build-out, which gives the city the ability to approve and reject each individual application
- Aesthetic requirements, such as perimeter walls and landscaping
- A plume study to see how much space might be needed for each applicant
- Noise studies in certain circumstances
- Decommissioning requirements, such as bonds and returning land back to its predevelopment state
- Insurance
- Having a response plan and meeting certain monitoring practices
Community Impact previously reported there are three BESS facilities being considered in League City. Two have gone through some level of city meetings, while the third has not yet appeared on any agendas.
A BESS is a series of batteries traditionally built near substations that stores energy and transfers it back to the grid when there is higher demand, according to city documents.
Those opposed
League City residents Tyler Fox and Laura Teatsworth said the 200-foot distance requirement was smaller than the distance requirements enforced in other cities near BESS facilities and asked city officials to require companies to build outside a distance that is determined safe by studies required by the builders prior to approval.
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City Council opted to include this change in the ordinance.
What they’re saying
“Safe is not a binary thing,” council member Chad Tressler said. “Things are not safe or unsafe; they fall somewhere on a scale from totally safe to totally unsafe. ... We’re not going to say this is totally safe. Nothing you do is totally safe. ... You got in a car and came to this meeting. There’s an amount of risk you take on a daily basis.”
Tressler added that he supported the city making it possible to build BESS facilities in League City because revenue generated would decrease the tax burden on homeowners, and he felt over-regulating could push companies to challenge the legality of the city’s regulations with the state Legislature.
“If we take a stance that’s a hard no on these, we run the risk of taking this out of our hands and putting it into the hands of the Legislature [which could say], ‘You can’t do that anymore,’” Tressler said.
Looking ahead
City Council will hold its final vote on the ordinance at its July 9 meeting. If approved, it will go into effect, according to city officials.
“I’m inspired and encouraged by the level of citizen engagement in this entire process. ... We’ve made a lot of steps in the right direction,” council member Courtney Chadwell said. “The intent behind this ordinance was to try to find a middle ground.”
