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 |Add To My Favorites |Track Bill | Version: 01/23/25 - Introduced

 AB-303 Battery energy storage facilities.(2025-2026)

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 Date Published: 01/23/2025 09:00 PM

AB303:v99#DOCUMENTBill Start

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 303

Introduced by Assembly Member Addis

January 23, 2025

 An act to add Chapter 14 (commencing with Section 66350) to Division 1 of Title 7 of the Government Code, and to amend Section 25545 of the Public Resources Code, relating to energy, and declaring the urgency thereof, to take effect immediately. 

LEGISLATIVE COUNSEL'S DIGEST

AB 303, as introduced, Addis.
 Battery energy storage facilities.

Existing law, until June 30, 2029, authorizes a person proposing an eligible facility, including an energy storage system capable of storing 200 megawatthours or more of energy, to submit an application for certification with the State Energy Resources Conservation and Development Commission of the site and related facility. Existing law specifies that the issuance by the commission of the certificate is in lieu of any permit, certificate, or similar document required by any state, local, or regional agency, or federal agency to the extent permitted by federal law, except as provided. Existing law establishes the procedures by which the commission is to review the application.

This bill would specify that energy storage systems do not include battery energy storage systems for the above-described purposes. The bill would require the commission to
 deny applications for a battery energy storage system that are pending as of the effective date of the bill.

Existing law, the Planning and Zoning Law, sets forth various requirements relating to the review of development project permit applications and the issuance of development permits for specified classes of development projects. 

This bill would prohibit the authorization of a development project that includes a battery energy storage system capable of storing 200 megawatthours or more of energy if the development project is located within 3,200 feet of a sensitive receptor or is located on an environmentally sensitive site, as specified.

By modifying the duties of local agencies with regard to the approval of development projects that include a battery energy storage system, this bill would impose a state-mandated local program.

This
 bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would declare that it is to take effect immediately as an urgency statute.

Digest Key

 Vote:
 2/3 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 YES 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Chapter 14 (commencing with Section 66350) is added to Division 1 of Title 7 of the Government Code, to read:

 CHAPTER
 14. Energy Storage Systems

66350.

 For purposes of this chapter, the following definitions apply:

(a) “Battery energy storage system” means an energy storage system, as defined in Section 2835 of the Public Utilities Code, that is capable of storing 200 megawatthours or more of energy and uses battery technology to store the energy.

(b) “Environmentally sensitive site” means any of the following:

(1) (A) An area of the coastal zone subject to paragraph (1), (2), or (3) of subdivision (a) of Section 30603 of the Public Resources Code.

(B) An area of the
 coastal zone that is not subject to a certified local coastal program or a certified land use plan.

(C) An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment.

(D) A parcel within the coastal zone that is not zoned for multifamily housing.

(E) A parcel in the