Proposed BESS Moratorium

Glenn Church
Nov 12, 2025
3 min read

Pictured above is the aftermath of the lithium-ion battery fire in January of 2025. Photo Credit: Carmel Pine Cone

Dear Friends & Neighbors,

Last month, I proposed a moratorium for Battery Energy Storage Systems (BESS) while the county develops a comprehensive ordinance for all future battery projects. The County of Monterey currently lacks ordinances suited for BESS facilities. Moratoriums are temporary suspensions to granting of permits. The maximum time for a moratorium is two years.

Both Solano and Orange Counties have enacted BESS moratoriums while developing ordinances. Solano lifted its moratorium in less than a year after adopting a BESS ordinance. Orange County has had a moratorium since January but is finalizing its ordinance now. I introduced the moratorium to the Board of Supervisors so that a BESS project could not be proposed anywhere in Monterey County prior to the county developing the appropriate ordinances.

My goal is to avoid what is happening in Santa Cruz County outside of Watsonville. At that location, New Leaf Energy is planning about 300 battery units and made the application in August 2024. Santa Cruz County, like the County of Monterey, does not have BESS ordinances in place. That has placed Santa Cruz County in the unenviable position of developing ordinances while considering a permit to New Leaf Energy.

I want to avoid a reactive situation where time constraints limit a thorough, reasoned approach to the development of safe regulations. Ordinances need to be considered with the entire county in mind and not be influenced by the needs of a particular project that is immediately facing an up or down vote. The development of these ordinances needs to be public with forums and input from all, including input from experts in this rapidly changing industry where technology and procedures applied just five years ago are considered obsolete.

Unfortunately, the County of Monterey and all its cities are limited in what they can regulate with this industry.

More than 100 years ago, California removed utilities from local control with creation of the California Public Utilities Commission (CPUC). In the decades since then, the state has strengthened its hold over utilities and prohibits cities and counties from control of utility operational standards, rates, boundaries, equipment regulation and other business practices.

With the passage of Assembly Bill 205 (AB 205) in 2022, any company can bypass local permitting and go straight to the California Energy Commission (CEC) for a permit. Once an application is submitted, the CEC will decide in 270 days. That is a decision that is most likely to be favorable for the applicant but not the local community. AB 205 requires only one local public hearing. Essentially, the decision for placing a BESS facility rests with bureaucrats in Sacramento. AB 205 effectively sidelines local requirements – even ministerial permits like grading aren’t required from the county. However, while Sacramento makes the ultimate decision in AB 205, the law does require that an approved project complies with local ordinances, laws, regulations and standards with one big caveat – those local laws can be overridden for several reasons, including being deemed essential for the state’s energy needs.

Despite the opportunity to bypass local laws, that those local laws must be taken into consideration is a compelling reason that we need to develop some thoughtful and comprehensive regulations. If we don’t have them, then the CEC has little to consider at the county level. Yet bypassing a community carries risks for a company too. It represents corporate arrogance and a lack of desire to cooperate with a community.

We must be aware that Moss Landing is going to remain a hub for BESS facilities. In the 1960’s and 1970’s, the Moss Landing power plant was the largest producer of electricity on the West Coast. The infrastructure for transmitting that electricity remains. That is why the Moss Landing site remains attractive to as a center for energy storage. It remains one of the largest battery facilities in the world.

There is nothing that we can do at the local level to require the removal of the existing batteries or even to prohibit more batteries from being installed unless the state regulators agree. That doesn’t mean we should give up and do nothing. On the contrary, we need to fight for every step to make our communities and environment as safe as possible, and hold the industry and state fully accountable for the decisions they make.

As always, don't hesitate to reach out to my office for assistance. You can reach us at 831-755-5022 or district2@countyofmonterey.gov.