Recent
thermal runaway incidents involving battery storage have sparked a swift response in California from both state and local legislators. Thermal runaway is a situation in which a lithium-ion cell enters an uncontrollable self-heating state. This immediate reaction from legislators is creating significant challenges for pending and upcoming Battery Energy Storage Systems (BESS) projects across the region. Jurisdictions like San Diego had considered passing a moratorium of BESS projects within their boundaries, which would severely impact the innovation and energy transition efforts in the area. Most recently in southern California, the Oxnard City Council voted to contest a recently approved nearby BESS project in Ventura County.
Other jurisdictions throughout California are also looking to “pre-determine” suitable sites for BESS and renewable energy projects, regardless of whether the development is feasible in that location. These pre-determined areas would be subject to development standards that may limit facility expansion such as imposing overly cumbersome project mitigation measures, restrictions of accessory infrastructure, requiring that the facility carry additional insurance, or requiring indemnification of neighboring agricultural or commercial facilities. A number of these requirements are under consideration due to a misunderstanding of how these facilities work and fear of thermal runaway events. Although the thermal runaway events are becoming less common, they still cause a significant impact to public perceptions of BESS safety. Ultimately, jurisdictions that enforce these new reactionary regulations may unintentionally restrict the placement of BESS projects to designated renewable energy “zones,” potentially overlooking more suitable locations or cause projects to become financially infeasible. Additionally, some jurisdictions are even beginning to regulate the storage of “unplugged” BESS (staged equipment) in industrial areas, necessitating either a discretionary permit or evaluation by building or fire departments.
California State Assembly member Dawn Addis has recently introduced a highly controversial piece of legislation known as
Assembly Bill (“AB”) 303. This bill aims to “restore” local oversight over BESS projects, a move that has raised significant concerns within the energy sector. AB 303 would impose barriers that have historically been utilized to slow down or thwart conventional energy projects, such as those related to oil and gas extraction.
AB 303 also introduces several key provisions that could have far-reaching implications for California’s energy landscape. Among its most contentious elements is the increased authority granted to local jurisdictions, allowing them to impose stringent regulations on BESS projects that could stifle innovation and development. Proponents of the bill argue that local oversight is essential for ensuring community safety and environmental protection, while opponents contend that it undermines the state’s commitment to transitioning toward renewable energy sources.
As the debate around AB 303 continues to unfold, the bill raises critical questions and concerns about the balance between local control and the need for a streamlined regulatory process that supports the growth of renewable energy infrastructure. Trinity Consultants, along with energy advocates and industry stakeholders, are closely monitoring these developments, recognizing that if this legislation passes it could significantly reshape California’s energy future. A summary of AB 303’s key provisions is included below for reference.
- Local Approval Authority: Shifting the approval process from state to local governmental agencies and excluding BESS developers from entering into the California Energy Commission (CEC) Opt-In Certification Program (AB 205).
- Buffer Zones: Establishing mandatory buffer zones of 3,200 feet between BESS projects and sensitive receptors, including schools, hospitals, and residential areas.
- Environmental Restrictions: Prohibiting BESS development in environmentally sensitive areas, including coastal zones, prime farmland or farmland of statewide importance, wetlands, very high fire hazard zones, and habitats for sensitive or other special status/protected species, etc.
Science Communication & Talking Points for BESS
BESS projects are typically considered discretionary land uses in jurisdictions Trinity has worked in, requiring environmental analysis and public hearings where elected officials can either ultimately approve or deny the project outright. The regulatory landscape plays a pivotal role in determining the success or failure of a BESS project. It is imperative to communicate clear, precise, and comprehensive information to effectively combat the rampant misinformation campaigns employed by opponents of BESS throughout the West. By doing so, stakeholders can foster a more informed dialogue, dispel misconceptions, and ultimately help push forward these essential energy initiatives.
7 Key Points of BESS developers can utilize when addressing public concerns:
- Trinity has already seen a shift to newer technology which no longer utilizes a building-based design and nickel-manganese-cobalt chemistry that can contribute to gas buildup, and ultimately, a thermal runaway situation.
- BESS technologies now oftentimes use safer lithium-iron phosphate and even outdoor installations to prevent gas buildup if the battery cell overheats.
- National Fire Protection Association (NFPA) 855, Underwriters Laboratories (UL) 9540A, and other codes/standards like the International Fire Codes regulate BESS technologies with intensive testing of the batteries.
- In Trinity’s experience, existing best management practices and mitigation measures can be effectively applied to BESS facilities that do not require “reinventing the wheel”. As technology continues to evolve, BESS projects are currently subject to extensive regulations concerning fire risk, hazardous materials, construction/installation, visual screening, etc.
- BESS projects are crucial for addressing climate action and supporting other renewable initiatives, such as solar or wind. By limiting the installation of a BESS, we undermine our efforts to develop additional energy resources and manage them sustainably.
- According to our findings, BESS project proponents typically utilize BESS technologies that inherently include multiple design redundancies and remote monitoring to minimize the risk of runaway thermal events. This includes a battery management system that can detect issues occurring at the battery cell level and external site monitoring for early detection of fire.
- In Trinity’s experience, BESS facilities have fewer truck trips when compared to other industrial projects, particularly if they are remotely monitored.
