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Hold a noticed Public Hearing to consider amending interim Ordinance No. 2024-1852-U-E limiting new commercial battery energy storage systems within the unincorporated territory of the County of Solano (4/5 vote required); the proposed amendment 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. Consider amending interim Ordinance No. 2024-1852-U-E limiting new commercial battery energy storage systems within the unincorporated territory of the County of Solano; and
3. Adopt Ordinance No. 2024-1852-U-E Amendment No. 1 (Attachment A) (4/5 vote required).
SUMMARY/DISCUSSION:
In June 2023, the County received a use permit application for a proposed BESS facility on land with an Exclusive Agriculture (A-40) zoning designation that, if approved, would be one of the largest BESS projects in the State. The County’s current Zoning Regulations allow front-of-the-meter BESS in almost every zoning district as “Utility facilities or infrastructure, outside of right-of-way,” without any specific standards in place to address the complexities and significant safety risks associated with these facilities. The Board therefore found that an interim ordinance prohibiting new commercial BESS facilities in the entire unincorporated area of Solano County was necessary to address the imminent threat to public health, safety, and welfare posed by permitting these facilities without specific standards in place.
At its December 5, 2023 meeting, the Board directed staff to prepare an urgency ordinance to temporarily prohibit approval of new commercial (or “front-of-the-meter”) Battery Energy Storage Systems (BESS) in unincorporated Solano County while permanent regulations were developed. On January 23, 2024, the Board adopted Interim Ordinance No. 2024-1852-U for a 45-day period, later extended by Ordinance No. 2024-1852-U-E for 22 months and 15 days, to expire January 23, 2026. In the time since Ordinance No. 2024-1852-U was adopted, County staff have worked diligently to understand potential impacts and best practices associated with BESS facilities and is nearing completion of a BESS ordinance.
On August 12, 2025, staff presented the draft permanent BESS ordinance to the Board for discussion. At that meeting, the Board and members of the public provided detailed feedback on key provisions, including siting standards, agricultural land protections, setback requirements, and emergency response measures. Staff committed to incorporating this input into the final ordinance, which will be brought forward for adoption before the interim ordinance expires in January 2026.
At this time, staff recommends amending Ordinance No. 2024-1852-U-E to incorporate certain Board and public requested provisions now, lifting the moratorium on front-of-the-meter BESS projects in Manufacturing and Industrial zoning districts (M-L, M-G-½, M-G-3, I-WD, I-AS) where specific new safety, siting, and operational standards can be applied. The moratorium would remain in place for all other zoning districts, where the siting of BESS present more complex and imminent threats to human health, safety and welfare.
The proposed amended ordinance (Attachment A) reflects:
• Removal of the temporary prohibition on new front-of-the-meter BESS facilities in specified Manufacturing and Industrial zoning districts, with comprehensive technical, safety, and operational standards in place.
• Retention of the temporary prohibition on new front-of-the-meter BESS in all other zoning districts; and
• Maintenance of the current urgency ordinance expiration date of January 23, 2026.
The urgency ordinance, as amended, is intended to ensure that any new BESS facilities approved before adoption of the permanent ordinance comply with robust interim safety and siting requirements, reflecting Board and public input received to date. These amendments balance the County’s renewable energy and grid reliability goals with the immediate preservation of public health, safety, welfare, natural resources and agricultural lands.
Public Noticing
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).
FINANCIAL IMPACT:
The costs associated with preparing the agenda item are nominal and absorbed by the Department’s FY2025/26 Working Budget.
ALTERNATIVES:
1. The Board could choose not to approve the proposed amendment of Interim Ordinance No. 2024-1852-U-E. This is not recommended as the proposed amended urgency ordinance balances the County’s renewable energy and grid reliability goals, while preserving the temporary prohibition on BESS where necessary for the immediate preservation of public health, safety, and welfare, as staff completes a BESS ordinance prior to the expiration of the existing urgency ordinance (set to expire January 23, 2026); or
2. The Board could choose to consider further or different revisions to the amended interim ordinance and provide direction to staff, as necessary.
OTHER AGENCY INVOLVEMENT:
County Counsel assisted in development of the proposed amendment of Interim Ordinance No. 2024-1852-U-E limiting new commercial battery energy storage systems within the unincorporated areas of the County of Solano.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION