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Conduct a noticed Public Hearing to consider extending interim Ordinance No. 2024-1852-U, adopted as an urgency measure on January 23, 2024, prohibiting new commercial battery energy storage systems within the unincorporated territory of the County of Solano, for an additional 22 months and 15 days (4/5 vote required); the proposed extension is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2), and is exempt under sections 15061(b)(3), 15307, and 15308 of the CEQA Guidelines
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Published Notice Required? Yes _ X__ No ____
Public Hearing Required? Yes _ X__ No ____
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors:
1. Read the proposed ordinance by title only and waive further reading by majority vote;
2. Conduct a noticed public hearing to consider a proposed 22 month and 15-day extension of an interim ordinance prohibiting new commercial battery energy storage systems within the unincorporated territory of the County of Solano, adopted as an urgency measure (4/5 vote required); and
3. Adopt Ordinance No. 2024-1852-U-E (Attachment A) to approve a 22 month and 15-day extension of Interim Ordinance 2024-1852-U (4/5 vote required).
SUMMARY:
At the December 5, 2023 Solano County Board of Supervisors meeting, issues related to commercial Battery Energy Storage Systems (BESS) were raised by the public and Board members, resulting in staff receiving general direction to return to the Board with a proposed urgency ordinance placing a temporary moratorium on the approval of such facilities in unincorporated Solano County. Staff returned as directed on January 23, 2024, and following a public hearing, the Board enacted Ordinance No. 2024-1852-U prohibiting new commercial battery energy storage systems within the unincorporated areas of the County of Solano for 45 days (through March 8, 2024) (Attachment C). At the meeting, staff received direction from the Board to study best management practices for this new, emerging BESS industry, consult with industry experts, and identify potential locations where these facilities, with thorough conditions of approval, may be permitted.
An extension to the urgency ordinance is necessary to complete the evaluation requested by the Board. In the time since Ordinance No. 2024-1852-U was adopted, County staff has further examined and identified the characteristics of BESS facilities that present an imminent risk to public health, safety, and welfare as those “front-of-the-meter” BESS facilities. The proposed extension ordinance (proposed Ordinance No. 2024-1852-U-E) contains the same provisions as the original urgency ordinance, clarifying that “front-of-the-meter” BESS facilities are those intended to be covered by the moratorium, with the added extension text pursuant to California Government Code section 65858, resulting in a total of two years that the urgency ordinance would be in effect if the extension is approved.
FINANCIAL IMPACT:
The costs associated with preparing the agenda item are nominal and absorbed by the Department’s FY2024/25 Working Budget.
DISCUSSION:
The proposed Ordinance No. 2024-1852-U-E is needed to address concerns for the immediate preservation of public health, safety, and welfare of the residents in Solano County. As adopted, Ordinance No. 2024-1852-U took effect immediately after the January 23, 2024 hearing and will remain in effect for 45 days (through March 8, 2024) pursuant to Government Code section 65858.
During the 45-day period, staff has evaluated options for a permanent ordinance that would revise the County’s Zoning Regulations to address concerns relative to commercial BESS projects. Consistent with Government Code section 65858(d), staff have included a written progress report describing the measures being taken to address conditions that led to the moratorium (Attachment B). As demonstrated in the report, while staff is making progress it will not be possible for staff to adopt a permanent ordinance prior to the expiration of the initial 45-day period. Staff is therefore requesting a one-time urgency ordinance extension beyond the initial 45-day period, for a period of 22 months and 15 days in accordance with the provisions set forth in Government Code section 65858. This extension will provide up to a two-year time frame for staff to evaluate policies and implementation measures required to reduce community impacts resulting from new commercial BESS facilities.
A variety of concerns related to commercial BESS projects were received ahead of and during the January 23rd Board of Supervisor’s meeting. Concerns ranged from safety risk to residents and first responders due to possible fire, possible thermal runaway, siting criteria (project proximity to existing residences), and permanent displacement of primary agricultural lands. Although the staff recommendation was to adopt an urgency ordinance that excluded only existing entitlements, the Board was presented with an alternative to grandfather any current BESS project applications in progress at the time the urgency ordinance was enacted. The Board chose not to do so and placed a pause on all pending and future applications.
The Board gave staff general direction to engage with industry experts, identify appropriate site locations (including considerations for prime farmland, connection to the grid, proximity to residences, hospitals, schools, etc.), analyze considerations in developing the SB 38 “emergency response and emergency action plan,” and research facility decommissioning procedures, among other things. Consistent with this direction, and with the additional time provided by the proposed 22-month 15-day extension, staff intends to engage in the following activities to create a new ordinance for future BESS projects:
• Analyze SB 38 to understand what will be required to develop an effective emergency response and emergency action plan for BESS facilities;
• Analyze other State laws impacting future County standards and policies, including the California Fire Code;
• Utilizing County geographical information system (GIS) to evaluate electrical substation locations, their surrounding land uses, and verify potential radii around each for potential BESS locations;
• Attend training programs on best practices related to BESS facilities;
• Collaborate with other jurisdictions, agencies and industry specialists to share knowledge and develop “best practice” standards that will inform development of permanent land use development policies and standards; and
• Develop public information materials that seek stakeholder input on BESS health and safety topics.
Input from the Land Use and Transportation Committee (LUTC) and the public (residents and operators) will also be sought. After incorporating relevant feedback, staff will bring a proposed ordinance to the Planning Commission for consideration and then the Board for further consideration and potential approval.
PUBLIC HEARING NOTICE:
In accordance with State Law, notice of a public hearing was published in local newspapers at least 10 days before the scheduled hearing (Attachment D).
ALTERNATIVES:
1. The Board could choose not to approve the proposed extension of Interim Ordinance No. 2024-1852-U. This is not recommended as the proposed extension ordinance is needed to address concerns for the immediate preservation of public health, safety, and welfare of the residents in Solano County by allowing staff the time to address the Board’s direction related to an updated BESS ordinance prior to the expiration of the existing urgency ordinance (set to expire March 8, 2024); or
2. The Board could choose to consider further or different revisions to the proposed interim ordinance and provide direction to staff, as necessary.
OTHER AGENCY INVOLVEMENT:
County Counsel assisted in development of the proposed extension of Interim Ordinance No. 2024-1852-U, prohibiting new commercial battery energy storage systems within the unincorporated territory of the County of Solano.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION