20250AB__043497AMD INTRODUCED 2025-02-05 AMENDED_ASSEMBLY 2025-03-25 AMENDED_ASSEMBLY 2025-04-02 2025 AB AMD Introduced by Assembly Member DeMaio LEAD_AUTHOR ASSEMBLY DeMaio

An act to add

Part 9 (commencing with

Section 14970) to Division of the Health and Safety Code, and to amend

Section of the Public Resources Code, relating to energy. energy Battery energy storage facilities. Existing law authorize a person proposing an eligible facility, including an energy storage system that is capable of storing megawatthours or more of energy, to file with the State Energy Resources Conservation and Development Commission an application for certification for the site and related facility, as provided.

Existing law provides that the certification issued by the commission is in lieu of any permit, certificate, or similar document required by a state, local, or regional agency for the use of the site and related facility. This bill would exclude energy storage facilities that use batteries as a storage medium from the above-described provisions. This bill would prohibit, until January 1, 2028, a public agency from authorizing the construction of a battery energy storage facility, as defined.

The bill would require the State Fire Marshal, on or before January 1, 2028, to adopt guidelines and minimum standards for the construction of a battery energy storage facility to prevent fires and protect nearby communities from any fire hazard posed by the facility. The bill would require a public agency, when authorizing the construction of a battery energy storage facility on or after January 1, 2028, to require the facility to meet the guidelines and minimum standards adopted by the State Fire Marshal or more stringent guidelines and minimum standards as determined appropriate by the public agency.

Because the bill would impose additional duties on local agencies in authorizing the construction of a battery energy storage facility, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1. This act shall be known, and may be cited, as the Safe and Secure Battery Storage Act. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'12.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'9.'%5D)" xlink:label="fractionType: LAW_SPREAD||commencingWith: 14570" xlink:type="locator">Part 9 (commencing with

Section 14570) is added to Division of the <caml:DocName>Health and Safety Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment/></caml:BillSection>"?>

SEC. 2.

Part 9 (commencing with

Section 14970) is added to Division of the Health and Safety Code , to read: 9. Battery Energy Storage Facilities 14970. For purpose of this part, the following

definitions apply: (a) “Battery energy storage facility” means a facility using commercially available energy storage technology capable of storing megawatthours or more of electricity that uses a battery as the storage medium to provide energy onsite or offsite. (b) “Public agency” includes a state agency, board, or commission, county, including a charter county, city and county, city, including, a charter city, regional agency, public district, redevelopment agency, or other political subdivision. 14971.

On or before January 1, 2028, the State Fire Marshal shall adopt guidelines and minimum standards for the construction of a battery energy storage facility to prevent fires and protect nearby communities from any fire hazard posed by the battery energy storage facility. 14972. (

a) On or before January 1, 2028, a public agency shall not authorize the construction of a battery energy storage facility. (

b) On and after January 1, 2028, when authorizing the construction of a battery energy storage facility, a public agency shall require that the construction of the battery energy storage facility meet the guidelines and minimum standards adopted pursuant to

Section or more stringent guidelines and standards as determined appropriate by the public agency.

SEC. 3.

Section of the Public Resources Code is amended to read: 25545. For purposes of this chapter, the following

definitions apply: (a) “California Native American tribe” has the same meaning as set forth in

Section 21073. (b) “Facility” means any of the following:

(1) A solar photovoltaic or terrestrial wind electrical generating powerplant with a generating capacity of megawatts or more and any facilities appurtenant thereto.

(2) An energy storage system as defined in

Section of the Public Utilities Code that is capable of storing megawatthours or more of energy and that does not use a battery as a storage medium.

(3) A stationary electrical generating powerplant using any source of thermal energy, with a generating capacity of megawatts or more, excluding any powerplant that burns, uses, or relies on fossil or nuclear fuels.

(4) A discretionary project as described in

Section for which the applicant has certified that a capital investment of at least two hundred fifty million dollars ($250,000,000) will be made over a period of five years and the discretionary project is for (

A) the manufacture, production, or assembly of an energy storage system or component manufacturing, wind system or component manufacturing, and solar photovoltaic energy system or component manufacturing, or (

B) the manufacture, production, or assembly of specialized products, components, or systems that are integral to renewable energy or energy storage technologies.

(5) An electrical transmission line carrying electricity from a facility described in paragraph (1), (2), or (3) that is located in the state to a point of junction with any interconnected electrical transmission system.

(6) A hydrogen production facility and associated onsite storage and processing facilities that do not derive hydrogen from a fossil fuel feedstock and that receive funding from any of the following: (

A) The Hydrogen Program established pursuant to

Section 25664.1. (

B) Section 91530. (

C) The Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) authorized by

Article 15 (commencing with

Section 12100.160) of

Chapter 1.6 of Part of Division of Title of the Government Code, as awarded by the United States Department of Energy Office of Clean Energy Demonstrations. (c) “Site” means a location on which an eligible facility is constructed or is proposed to be constructed.

SEC. 4. No reimbursement is required by this act pursuant to

Section of

Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of

Section of the Government Code.