At the May 12 meeting of the City of Katy’s city council, councilmembers took a deeper look at proposed regulations for proposed battery energy storage system (BESS) facilities which could potentially be located in the city.

Ochoa Energy Storage, a project of Vesper Energy, is a proposed Battery Energy Storage System (BESS) project that aims to bring sustainable, reliable energy to support the Texas grid. The company sought approval from the city last fall to build a facility near Katy High School and Katy ISD’s Outdoor Learning Center.

City of Katy City Planner Rachel Lazo outlined the background of the project which was first proposed in September-October 2024, but which was then denied by council following public outcry over potential safety concerns. At that time, Lazo said, city staff began researching ways to implement regulations and to ensure that the public’s questions were answered. In January 2025, council directed staff to research best practices and standards regarding BESS facilities.

City staff researched 14 comparable cities in Texas, Lazo said, where most of the BESS developments are in the cities’ extra-territorial jurisdiction (ETJ) and found that League City – which has approved three facilities within its city limits -- has the most robust ordinance, which City of Katy staff used for guidance.

Lazo summarized the proposed regulations:

· Heightened application fee due to increased staff time in application review

· Application requirements to include a detailed site plan, landscape plan requiring screening, elevation/renderings, hazard mitigation analysis, plume study and fire management plan

· Review by third-party expert prior to submittal

· Fire and safety plan

· Location restrictions to include a one-mile distance from another BESS facility, 750+feet from a single-family dwelling and a noise study if within 1,000 feet of a single-family residence

· 24/7 monitoring

· Detailed decommissioning plan

· Payment in lieu of taxes

Mayor Pro Tem Chris Harris questioned the 750-foot distance from homes, saying it was not enough and that a greater distance might effectively “zone out” any proposed facility. Lazo replied that BESS facilities require proximity to an electrical transmission line and that there was only one such site in the city, which was near the site previously proposed in 2024. Councilmember Dan Smith also questioned the 750-foot distance, and Lazo replied that the requirement was double the distance required in League

City but that it could be extended. Lazo said that the city has not yet reached out to any of the three Katy-area counties regarding regulations.

Smith also recommended that companies be required to post a performance bond to cover possible decommissioning of the facility. Smith also asked if it were possible to ensure that the third-party expert be hired by the city rather than the company, so that the city’s interests would be protected. He also asked for the creation of an advisory group composed of local citizens and Councilmember Gina Hicks concurred. Councilmember Janet Corte asked that protection for waterways be included and called the proposed regulations “a good start.”

Harris asked if a moratorium could be imposed and the city attorney said that it was not, due to pre-emption issues and pending legislation at the state level.

Ochoa Energy is maintaining its interest in the Katy area, releasing a press release on April 30 about its Community Giving Program. Ochoa Energy Storage awarded Q1 grants to two local organizations—Houston’s Stay Tuned for Vets and the Rotary Club of Katy’s Wild West Brewfest.

“We are committed to investing in the communities we serve, and our Community Giving Program allows us to support organizations that make a tangible difference,” said Lander Karath, Director of Community Affairs at Ochoa Energy Storage in that release. “Whether it’s empowering veterans through creative healing programs or helping local nonprofits give back, we’re proud to contribute to initiatives that strengthen and uplift the Katy community.”

But the company has not yet provided additional information. “We don’t have an update on the Ochoa project at this time, but we expect to have news in the coming weeks,” said Karath in a separate email to the Katy Times.

In other action, council unanimously approved Katy Animal Control’s adoption program and contract, which would allow animals to be adopted directly from the shelter, and to move animals out of the shelter more quickly, while relieving some of the burden on local animal rescue groups. The new program will also allow the city to qualify for a number of grants which the city is not currently eligible for, which will allow the city to offer additional programs and resources. The maximum annual fiscal impact of the program would be less than $35,000.00, Animal Control Supervisor Katie Loewen said. Katy Police Chief Bryon Woytek said that the department could start with a target number of dogs to be adopted each month and then increase the budget as needed, depending on the popularity of the program. There will be a fee for adoptions, he said. Adoptions could begin immediately, Loewen said.

Proclamations were issued as follows:

· Designating May 2025 as Older Americans Month, read by Councilmember Smith

· Designating May 11-17, 2025, as National Police Week, read by Mayor Dusty Thiele

· Designating May 18-24, 2025, as National EMS Week, read by Councilmember Hicks

The next meeting of city council will be on June 9 at 6:30 p.m. at City Hall, 901 Avenue C in Katy.