North Carolina SB 728: Funding Assistance for Small-Scale Landlords.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 728

Short Title: Utility-Scale Battery Storage Rqmts. (Public)
Sponsors: Senator Jarvis (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S728-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE A PERMIT FOR UTILITY-SCALE BATTERY ENERGY STORAGE 2
SYSTEMS, AND TO REQUIRE SUCH SYSTEMS TO RESPONSIBLY 3
DECOMMISSION UPON CESSATION OF ACTIVITIES, MAINTAIN FINANCIAL 4
RESPONSIBILITY FOR THAT PURPOSE, AND TO FILE EMERGENCY RESPONSE 5
AND DECOMMISSIONING PLANS WITH THE DEPARTMENT OF 6
ENVIRONMENTAL QUALITY. 7
The General Assembly of North Carolina enacts: 8
SECTION 1. Part 2J of Article 9 of Chapter 130A reads as rewritten: 9
"Part 2J. Management of Solar Clean Energy Equipment. 10
"Subpart 1. Solar Energy Equipment. 11
"§ 130A-309.240. Decommissioning and restoration requirements for utility-scale solar 12
projects; recycling of project components required; financial assurance 13
requirements. 14
... 15
"§ 130A-309.243. Enforcement and appeals. 16
.... " 17
SECTION 2. Part 2J of Article 9 of Chapter 130A of the General Statutes is amended 18
by adding a new Subpart: 19
"Subpart 2. Utility-Scale Battery Energy Storage. 20
"§ 130A-309.250 Permitting, emergency response planning, decommissioning and 21
restoration, and financial assurance requirements for utility-scale battery 22
energy storage systems. 23
(a) Definitions. – For purposes of this Part, the following definitions apply: 24
(1) Energy storage. – Any technology that is capable of absorbing electricity, 25
storing the electricity for a period of time, and redelivering the electricity. 26
(2) Battery energy storage system. – Electrochemical devices that charge, or 27
collect, energy from the grid or a generation facility, store that energy, and 28
then discharge that energy at a later time to provide electricity or other grid 29
services. 30
(3) Utility-scale battery energy storage system. – Battery energy storage systems 31
with a rated nameplate capacity of equal to or greater than 1,000 kilowatts (1 32
megawatt). 33
(b) Permit Required. – No person may install or operate utility-scale battery energy 34
storage system in the State without first having obtained a permit from the Department of 35
Environmental Quality pursuant to this section. The Department shall hold at least one public 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 728-First Edition
meeting on a permit application in the county in which the battery energy storage system is 1
proposed to be located. In order to obtain a permit pursuant to this section, the owner of a 2
proposed system shall submit all of the following to the Commission: 3
(1) A description of the location of the proposed system. 4
(2) A description of the type of battery energy storage equipment to be used at the 5
proposed system. 6
(3) A statement identifying the fire department and law enforcement entities that 7
may reasonably be expected to be the primary first responders to a fire at the 8
location of the battery energy storage system. 9
(4) An Emergency Response Plan as required by subsection (c) of this section. 10
(5) A Decommissioning Plan as required by subsection (d) of this section. 11
(6) Documentation of financial assurance as required by subsection (e) of this 12
section. 13
(c) Emergency Response Plan. – The owner of a utility-scale battery energy storage 14
system located in the State shall develop and maintain an emergency response and evacuation 15
plan that covers the premises of the system, which shall be submitted to the Department of 16
Environmental Quality. In developing the plan, the owner of a battery energy storage system 17
shall coordinate with local emergency management officials. The emergency response and 18
evacuation plan shall do all of the following: 19
(1) Establish response procedures for an equipment malfunction or failure. 20
(2) Include procedures that provide for the safety of surrounding residents, 21
neighboring properties, emergency responders, and the environment. 22
(3) Establish notification, communication, and coordination procedures between 23
the battery energy storage system and local emergency management officials. 24
(4) Consider actions to be taken to address potential offsite impacts, including 25
poor air quality, and threats to municipal water supplies and surface and 26
groundwater sources. 27
(5) Include procedures for establishing shelter-in-place orders and road closure 28
notifications when appropriate. 29
(d) Decommissioning Requirement, Plan, and Financial Assurance. – 30
(1) The owner of a utility-scale battery energy storage system shall be responsible 31
for proper decommissioning of the system upon cessation of operations and 32
restoration of the property in compliance with subdivision (3) of this 33
subsection, including all costs associated therewith, no later than one year 34
following cessation of operations. The owner shall notify