Energy storage systems.

Senator Laird’s measure weaves fire-safety oversight into the energy storage permitting framework, pairing pre-application fire-suppression consultation and post-installation inspections with the certification and approval process while broadening the scope of regulated projects. Coauthored by Assembly Members Davies and Petrie-Norris, the proposal ties certification under the state energy agency and local permitting to explicit fire-safety steps and signals a possible shift in siting toward building standards considerations.

Key mechanisms require ESS applicants to certify, at least 30 days before submitting an application, that they met and conferred with the local fire-suppression authority to discuss ESS design, mitigations for fire and life-safety concerns, and input on emergency action plans. Documentation of the consultation—including date, participants, topics, and how concerns were addressed—must accompany the application, and the fire-suppression authority has 30 days to respond with a meeting to occur within 60 days of the initial request. If the authority declines to meet or does not respond, the applicant may still proceed, but must document the interactions. After installation is completed, but before operation, the ESS must be inspected by the relevant fire-suppression authority, with the applicant bearing the inspection cost; the certification decision must note compliance with these requirements.

The bill expands the regulated universe by defining an energy storage system as a stationary system capable of storing 10 megawatt-hours or more and applying Chapter 10 to local approvals, thereby lowering the capacity threshold that triggers the new process. Local jurisdictions must require post-installation inspections as a condition of approval, again at the applicant’s expense, with the inspection referencing the initial fire official consultation documentation submitted under the new provisions. In parallel, the measure directs the Office of the State Fire Marshal to consider prohibiting indoor installations or restricting locations to dedicated-use noncombustible buildings or outdoor installations within the next Building Standards Code update after July 1, 2026; this consideration has a sunset of January 1, 2029 and is to be pursued in a manner that does not curtail the Public Utilities Commission’s general oversight.

The overall framework integrates the Energy Commission’s certification process, local permitting, and fire-safety authorities into a layered approval pathway for ESS projects, and it preserves local authority to adopt stricter rules consistent with the act. It also implies no state reimbursement for mandated local costs unless the state Mandates Commission later determines otherwise, with costs shifted to applicants and to local fire and permitting bodies. While OSFM’s forthcoming Building Standards Code review could influence siting, the provision remains temporary and contingent on future CBSC updates. The measure’s effective trigger is applications submitted after January 1, 2026, with broader implications for projects of 10 MWh or more and for local jurisdictions across California, including charter cities. A drafting inconsistency regarding repeal and replacement of a related Public Utilities Code section would merit close review to ensure alignment and enforceability.