Three Months Since the Moss Landing Battery Fire

Photo Credit: Carmel Pine Cone

Dear Friends & Neighbors,

It has been over three months since the Vistra fire at the Battery Energy Storage System (BESS) in Moss Landing. The cause remains unknown. After Assemblymember Dawn Addis and I called for an independent investigation, Governor Gavin Newsom ordered that the California Public Utilities Commission investigate the cause. The CPUC has yet to release any findings. Vistra is conducting its own investigation as well. When the cause will be identified has no timeline.

The cleanup is also proceeding slowly. While the Monterey County Health Department Environmental Health Bureau has been engaged since the fire, the United States Environmental Protection Agency holds the ultimate authority. Vistra’s cleanup is under the EPA’s oversight.

Initially, it appeared Vistra would seek demolition and cleanup permits through the County of Monterey, the local permitting process would have enabled the County to monitor and guide key aspects of the cleanup, including demolition plans and the routing of hazardous waste materials.

Recently, the EPA stated that it intends to use its powers under a federal statute called the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for the cleanup. This reduces The County of Monterey's involvement dramatically. Although CERCLA allows the use of Superfund dollars in the cleanup, the EPA is not expected to declare Moss Landing a Superfund site. This is largely because the site is expected to have all hazardous materials from the fire eventually removed. Sites are generally designated as a Superfund when hazardous materials remain permanently.

The Moss Landing fire is the largest and most significant battery facility fire ever recorded globally. Without a template, every agency involved is forced to create its own playbook as we progress forward. This applies to the federal, state and local levels. It has been an imperfect process. Some have referred to the communities around the fire as “guinea pigs” or “test subjects.” While I bristle at those references, I understand why it resonates—because we are, in real-time, setting a precedent for future responses.

The fire has resulted in a few bills being introduced to the state legislature. Two of the most prominent are AB 303, introduced by Addis, which will return some local control for new battery facilities and SB 283, introduced by Senator John Laird, which sets higher safety standards for BESS projects. Both are at the early stages of legislative review. Both are needed as we move forward with renewable energy in the state and nation.

The full impact of this fire on regulations, energy, safety, environment and health will take many months or longer to understand. As information becomes available, I encourage everyone to visit the County of Monterey's website on the Moss Landing Fire. Click here to visit the website. The Board of Supervisors holds monthly updates and will do so until the cleanup is completed. My office continues to respond to individual concerns and address issues at our regular town halls. Please do not hesitate to reach out. We will try to address questions the best we can.

There are no easy answers to this disaster. As we continue this difficult path, our shared resilience, informed action, and community spirit will help define a safer future—for the County of Monterey and for communities around the world learning from our experience. When we finally emerge from this, I am determined to have the County of Monterey, and its people more prepared and aware than they were before the January 16 fire.

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.

Sincerely,

Glenn Church

District 2 Supervisor

P.S. PG&E has informed the County of Monterey that it intends to return its Moss Landing Battery Energy Storage System (BESS) to service on June 1. Click here to read my statement.