DATE:
February 25, 2025
11
TO:
Board of Supervisors
SUBJECTTitle
SUPPORTING SAFER PRACTICES WHEN SITING BATTERY ENERGY STORAGE SYSTEM PROJECTS (DISTRICTS: ALL)
Body
OVERVIEW
Under current state law, eligible privately initiated battery energy storage system (BESS) projects may be approved through the California Energy Commission's "opt-in" certification program. Going through this state process is in lieu of obtaining any local permits that may be required. Although not commonly used, it may become more lucrative as local jurisdictions begin implementing stricter rules for BESS projects. If a project were to utilize this program for a project located within the County of San Diego (County), it would unfortunately be exempted from our zoning and other regulations. As a result, we would lose control over decisions regarding how BESS projects are designed and located, and the opportunity for meaningful community input would be significantly reduced or eliminated.
On July 17, 2024 (8), the Board of Supervisors (Board) directed County staff to develop specific land use classifications and development standards for new BESS projects in the unincorporated areas. That effort is presently underway, and staff anticipates returning to the Board in mid to late 2026 with an ordinance for Board consideration and adoption.
Since the July 2024 Board direction, legislation was introduced at the state level that would mandate certain development standards for new BESS projects. Assembly Bill 303 (AB 303) was introduced on January 23, 2025, and, if approved - as introduced - would result in the following:
1. Remove eligibility from privately initiated BESS projects for approval through the California Energy Commission opt-in certification program.
2. Direct the California Energy Commission to deny all pending applications for new BESS projects under the opt-it certification program.
3. Prohibit local jurisdictions from approving new BESS projects capable of st...
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