By Paige Wright
We are back with additional cited and verified responses to all things Battery Energy Storage System (BESS), as submitted as TMN reader inquiries.
There was a great response to last week’s simple format of stating a claim, followed by the facts and including the verified source of the information provided regarding the proposed BESS project being considered in Menard County, so we will stick with that manner of presentation.
If you are unaware of my involvement in the proposed project, please consult the additional information at bottom of this page. Along with being the author of this article and Publisher of The Menard News, my husband and I are the owners of the property being considered for the project.
If you have your own question or concern, please send it to us at paige@menardnews. com and we will find the appropriate professional, expert, local, state or federal agency that can provide an accurate and informative response.
We will start with an item from last week that has developed a positive update:
CLAIM: Because Menard ISD is designated a Chapter 42 school district, the district will not receive any added tax revenue generated by the proposed facility.
ACTUAL: MISD is in fact designated as Chapter 42 district by the TEA, so there is a chance that MISD will not be able keep increased tax revenue, that is not the specific and sole outcome of operating as a Chapter 42 district. TEA calls the complicated process “recapture,” as in the state recapturing extra funding.
Late last week we heard back from the assorted admins and agencies we had consulted in this manner. Amy Bannowsky, MISD Superintendent of Schools, notified the News that after much consulting with TEA and the State Comptroller, current factors and trends show that MISD stands to avoid recapture, and any potential revenue would stay local. Bannowsky emphasized this is a “today picture from today’s district information.” There are many factors TEA and the Comptroller use to designate, so the actual outcome will depend upon the variables when the time comes; however, the outlook from school administration is optimistic.
The News also received a response from Kimble County on the matter. Although their BESS facilities are smaller than the one proposed in Menard County, Junction ISD (also a Chapter 42 district) has avoided recapture and has retained all related tax revenue as well, which is a positive indicator.
SOURCE: Texas Education Agency, Texas State Comptroller, Menard ISD, Junction ISD.
CLAIM: The sellers of the proposed BESS site deviously sold 20 acres and/or came to an agreement to sell 20 acres to project developer, RES, almost 3 years ago. This contrasts with the 10ac. site RES has presented currently. What else are they lying about and misleading people with?
ACTUAL: This claim comes with a copy of a Memorandum of Option Agreement which was publicly filed at the Menard County Courthouse in June of 2022, signed by both property owners, Tyler and (Holly) Paige Wright.
The document in question is a standard, publicly filed option agreement in which there are likely hundreds to thousands more on file from across the county. An option like this, in Texas, is a legal document outlining the terms under which one party has the right to purchase property (RES) from another party (landowners). Options agreements serve as constructive notice of a purchase option “reserving” real property and ensure all parties are aware of the agreement.
These agreements are vital to the energy (and many others) sector, as they allow the proposed property to basically be put on hold by the landowners— they agree to not sell to anyone else— while the developer has access to complete necessary studies. When the option period expires, they can, and are often, extended as needed and agreed upon, allowing sufficient time to study the feasibility of a site. Sometimes options do not lead to real property sales; sometimes they do.
Since the 2022 option in question, the current proposed project has evolved quickly with the safety and efficiency of BESS technology. The potential total acreage now sought by RES is approximately 10 acres, as has been presented to the County Commissioners.
If the most current option calls for 20 acres the landowners would be expected to sell that number to RES, if requested by the agreement. So far there has been no discussion of the desire to purchase the full 20 acres, but no final negotiations or paperwork have been completed so that is subject to change as seen fir between the landowner and the potential developer.
SOURCE: Menard County Public Records, TREC contract, landowners.
There seems to never be enough time or space each week to get to every topic. Which means next week will feature a Part 5.
> The property owners of the proposed BESS facility are Menard News publishers Tyler and Paige Wright. Tyler is also a county commissioner who, if the Court is ever faced with a decision on this matter, will not participate, as per normal protocol. Contributing writer and Editor of The News is Collyn Wright, who is of no familial relation to Tyler & Paige but is an employee.
> There is no required vote from any entity to approve or deny the sale of private property or construction of a BESS facility.
> If the project developer determines they will request a tax abatement at the appropriate time, the county commissioners are who makes that decision... without Tyler.
> This is a lot of info and we have so much more. Everything contained on these pages is fact and has come from verifiable, legitimate sources such as published EPA studies or established data reports.
>This information has been compiled over a few months as we have dived deep into the as property owners and much of it recently as community concerns are voiced.
> Everything on these pages is presented in good faith as a basic learning resource.
TMN is not responsible for reader miscommunication/ misunderstanding or typographical errors and is not meant to be considered the policy of any entity involved.