Update: Battery Energy Storage Systems (BESS) Ordinance

Glenn Church
Mar 30
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,

There are still many unanswered questions about last year’s Moss Landing Battery Fire. Among them are the long-term health impacts on nearby residents and the potential effects on the Elkhorn Slough and surrounding environment. Because of the unique nature of this fire, we may never know every answer. What we do learn will take time, so every opportunity to shed light on the impact this disaster had on our communities is important.

At the March 17 meeting of the Monterey County Board of Supervisors, a two-hour update on the Moss Landing battery fire will be presented by the California Department of Toxic Substances Control. This presentation will give the public an opportunity to hear directly about the current status of the cleanup effort.

I also expect that EMBER, a group of Moss Landing scientists, and Never Again Moss Landing, the community organization that emerged following the disaster, will be present and may provide additional information or comments. This item is scheduled for the afternoon session of the Board meeting.

The following evening, March 18 at 5:30 PM, an informational meeting will be held at the Prunedale Grange where county officials will present the broad framework for a draft of the new Battery Energy Storage System (BESS) ordinance that the county has been researching since last summer. Please see the flyer above for more information.

Last fall, I felt progress on this ordinance was moving too slowly and brought the issue before the Board of Supervisors to establish a clear timeline. The Board agreed that the county should adopt a BESS ordinance within one year.

I have advocated that while gathering and compiling technical information is necessary, the development of this ordinance must proceed openly and with as much public participation as possible. Too often, county ordinances are drafted primarily by staff with direction from the Board of Supervisors or limited stakeholder input. Given the enormous significance of this fire — the largest industrial accident in Monterey County’s history — the process must be as transparent and open as possible within the one-year timeline.

Why establish a one-year timeline?

Because I do not want Monterey County to end up in the situation that Santa Cruz County currently faces. A battery facility has been proposed outside Watsonville, yet the county has not adopted a comprehensive BESS ordinance. Ideally, these ordinances should be developed for the entire county before specific projects are proposed. When an ordinance is developed in response to a single project, it often becomes tailored around that project rather than reflecting broader community standards.

While Vistra and PG&E have both submitted plans to expand their Moss Landing facilities, neither company is currently pursuing active approvals. This gives Monterey County valuable time to properly develop a countywide ordinance that is not influenced by a specific project proposal.

However, it is also important to recognize that large Battery Energy Storage System projects have the option to bypass local jurisdictions. Under AB 205, passed by the California Legislature in 2022, companies can seek approval directly from the state, which must render a decision within 270 days, effectively bypassing local permitting processes. This is the risk Santa Cruz County also faces if its permitting process continues to stall and a project applicant grows impatient.

I remain firmly committed to ensuring that as much decision-making authority as possible remains at the local level, where residents and communities have a direct voice in shaping decisions that affect their lives.

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,