County updates planners on proposed BESS ordinance
San Diego County's Department of Development Services presented a proposed ordinance to regulate Battery Energy Storage Systems (BESS) in unincorporated areas. The new rules aim to limit BESS facility locations, require stricter permitting, and ensure decommissioning funds, partly in response to public concerns linking them to data centers. The Board of Supervisors is expected to vote on the ordinance by mid-to-late 2027.
San Diego County's Department of Development Services, led by Chen Levy, presented a proposed ordinance to regulate Battery Energy Storage Systems (BESS) to planners on Monday night. The initiative follows instructions from the Board of Supervisors in July 2024 to develop BESS regulations, prompted by public perception that views such facilities similarly to data centers, particularly after two fires at the Terra-Gen facility in Valley Center.
The proposed ordinance aims to restrict BESS facility placement, moving away from the current system that allows them almost anywhere. It outlines a tiered system (Tier 1-3) based on storage capacity and acreage, each requiring specific site plans or use permits. The regulations would discourage BESS in residential areas while allowing them in commercial and agricultural zones, and include minimum 100-foot setbacks and development standards for appearance. Additionally, developers would be required to put money into escrow for future decommissioning and cleanup. The ordinance will primarily apply to the county's unincorporated areas, as most cities have their own standards.
The public comment period for the ordinance will continue through December, with a final draft expected for release at that time. Levy indicated that the Board of Supervisors will likely vote on the ordinance by the middle or end of 2027. Once adopted, BESS facilities would navigate a double permitting process involving both fire and zoning agencies.