BESS stands for Battery Energy Storage System. It’s a facility that stores electricity, usually from renewable sources like solar or wind, in large industrial-scale batteries. The stored energy can later be released back into the electrical grid when demand is high or when renewable generation is low (for example, at night or during cloudy weather).

Santa Cruz County is considering a Battery Energy Storage System (BESS) ordinance to establish clear local rules that ensure these facilities are developed safely and responsibly. By doing so, the County aims to support clean energy goals, improve grid reliability, and protect public safety and neighborhood quality.

The proposed ordinance would create a new Energy Storage (“ES”) Combining District in the County Code to regulate utility-scale BESS (battery energy storage system) facilities (typically 200 MWh or more) near transmission substations in the unincorporated county. It does not apply to typical residential or small commercial batteries.

No. The County’s role is to adopt land-use and safety standards, review applications, and enforce compliance; it does not act as developer or operator.

It must be on a parcel that is at least 10 acres in size, outside the Coastal Zone, and adjacent to an existing electrical substation (sharing a boundary, across an accessway or street, or adjoining parcels under same ownership).

• Minimum 100 feet from roads and property lines.
• Minimum 1,000 feet from parcels with an existing hospital, school, daycare, or elder-care facility.
• Minimum 100 feet from agricultural-resource soils, unless reduced by the Agricultural Policy Advisory Commission

The maximum total development area is 20 acres, and structures up to 25 feet in height (excluding poles or wires).

If a site is proposed on mapped agricultural-resource soils, an agricultural-viability study is required. If agricultural resources are impacted, the developer must offset the impact acreage via a permanent agricultural-conservation easement.

Facilities must comply with applicable state and national codes such as the California Building & Fire Codes, NFPA 1/68/69/72/800/855, UL 9540/9540A, and any applicable state Fire Marshal or Public Utilities Code rules. The proposed ordinance also aligns with Senate Bill 283, which requires conformance with NFPA 855 and directed the State Fire Marshal to develop and update statewide safety standards for large-scale energy storage systems.

The proposed ordinance prohibits nickel-manganese-cobalt (NMC) chemistry. Other chemistries (such as lithium-iron-phosphate [LFP] or approved non-lithium alternatives) could be permitted if they meet all required testing and safety standards.

Each facility will need:

• Non-combustible enclosures or containers.
• Continuous monitoring and alarms (smoke, heat, hydrogen).
• Large-scale fire-testing, UL/NFPA certification, annual training of fire/emergency agencies.
• County fire district inspections pre-operation and recurring oversight, along with 24/7 site monitoring.

Title 16 of the Santa Cruz County Code, “Environmental and Resource Protection,” contains local regulations for preserving the environment (e.g., grading, erosion control, wetlands, sensitive habitat, agricultural land preservation). It guides the review of resource impacts and required mitigation for projects. Project must comply with Title 16 and the California Environmental Quality Act (CEQA).

Projects must follow Title 16 and submit baseline reports on air quality, surface and groundwater, soils, within the greater of 1 mile or within the modeled plume distance. They must employ containment, storm-water controls, buffers/setbacks from sensitive habitats, and may be subject to compensatory mitigation if impacts cannot be avoided. Additional environmental protection may also be required as a result of compliance with the California Environmental Quality Act (CEQA).

A 20-foot landscape buffer is required at the perimeter of the site, with at least 50 percent native or drought-tolerant plants. Shade trees must cover 20 percent of the landscaped area within 15 years. Planting must be at least 30 feet from battery structures and 10 feet from roadways.

A Conditional Use Permit and a Conditional Site Development Permit are required. The Planning Commission reviews the project and recommends an action; the Board of Supervisors makes the final decision. If a facility is proposed on Commercial Agricultural land, the Agricultural Policy Advisory Commission also provides input.

Applicants must submit: detailed site/landscape plans, visual simulations, geotechnical study, noise/EMF assessment, smoke-plume and community risk analysis, hazardous-materials plan, fire-risk/failure-modes study, Emergency Response & Action Plan (per PUC §761.3), inspection/monitoring plan, decommissioning plan, and financial assurance (insurance, bonds, indemnification).

Yes. The County may retain third-party experts (at the applicant’s cost) to review certain technical reports.

The Board must find that:

• The project offers a community benefit (e.g., resiliency/climate)
• Any farmland conversion is offset and benefits the community
• Public safety and environmental protection comply with law
• General Plan Policy PPF-4.6.5 siting criteria are satisfied
• The project will reimburse emergency response costs for any thermal-runaway incident.

Additional findings include:

1. General Findings
   1. Health and Safety. The proposed location of the project and the conditions under which it would be developed, operated, or maintained will not be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood or the general public and will not be materially injurious to properties or improvements in the vicinity.
   2. Zoning Conformance. The proposed location of the project and the conditions under which it would be developed, operated, or maintained will be in substantial conformance with the intent and requirements of all pertinent County ordinances and the purpose of the zone district in which the site is located.
   3. General Plan Conformance. The proposed project is in substantial conformance with the intent, goals, objectives, and policies of all elements of the County General Plan and any specific plan which has been adopted for the area.
   4. CEQA Conformance. The proposed project complies with the requirements of the California Environmental Quality Act (CEQA) and any significant adverse impacts on the natural environment will be mitigated pursuant to CEQA.
   5. Utilities and Traffic Impacts. The proposed use will not overload utilities, result in inefficient or wasteful use of energy, or generate more than the acceptable level of traffic on the streets in the vicinity.
   6. Neighborhood Compatibility. The proposed use will be compatible with the existing and proposed land uses, land use intensities, and dwelling unit densities of the neighborhood, as designated by the General Plan and Local Coastal Program and implementing ordinances.
   7. Local Coastal Program Consistency. For proposed projects located within the Coastal Zone, the proposed project is consistent with the provisions of the certified Local Coastal Program.
2. Additional Site Development Permit Findings.
   1. Siting and Neighborhood Context. The proposed development is designed and located on the site so that it will complement and harmonize with the physical design aspects of existing and proposed development in the neighborhood, as designated by the General Plan and Local Coastal Program and implementing ordinances.
   2. Design. The proposed development is in substantial conformance with applicable principles in the adopted Countywide Design Guidelines, except as prohibited by site constraints, and any other applicable requirements of Chapter 13.11 SCCC (Site Development and Design Review). If located in the Coastal Zone, the site plan and building design are also in substantial conformance with the policies of the Local Coastal Program and coastal regulations of Chapter 13.20 SCCC.

While ownership/operation varies, the permit holder and operator are responsible for security, ongoing maintenance, monitoring, compliance, and cooperation with emergency services for the life of the project.

Applications for BESS facilities are required to include a decommissioning plan. The plan must detail the planned operational lifetime of the project and must include financial assurance to ensure decommissioning is successfully completed. Generally, batteries at end of life would be removed for safe transport and recycling at designated facilities, but the site could be reviewed to accommodate future or alternative technologies or restored to pre-project conditions.

Yes. The proposed ordinance requires the operator to carry liability and pollution insurance, maintain financial assurance (e.g., bonds), indemnify the County and fire districts, and commit to decommissioning obligations.

Each project must include an Emergency Response & Action Plan, coordinated with the County’s Office of Response, Recovery & Resilience (OR3) and local fire districts. The plan must cover construction and operations phases, communications and evacuation procedures, be updated annually, and incorporate site-specific conditions.