SB 283: Energy storage systems.

Existing law authorizes a person proposing an eligible facility, including an energy storage system that is capable of storing 200 megawatthours or more of energy, to file with the State Energy Resources Conservation and Development Commission (Energy Commission) an application for certification for the site and related facility, as provided. Existing law provides that the certification issued by the Energy Commission is in lieu of any permit, certificate, or similar document required by a state, local, or regional agency for the use of the site and related facility.

Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law requires the PUC to direct the states 3 largest electrical corporations to file applications for programs and investments to accelerate widespread deployment of distributed energy storage systems for specified purposes and authorizes the PUC to approve, or modify and approve, programs and investments of an electrical corporation in distributed energy storage systems with appropriate energy storage management systems, as defined.

This bill would require that an application submitted to the Energy Commission after January 1, 2026, in accordance with the above-described provisions relating to certification of facilities by the Energy Commission, and an application submitted to a local jurisdiction, as defined, for an energy storage system, include the applicants certification that, at least 30 days before submitting the application, the applicant met and conferred with the authority that has jurisdiction over fire suppression in the area where the energy storage system is proposed, as provided. The bill would also prohibit the Energy Commission certification or local approval unless, after installation is complete, but before commencing operations or use of the batteries, the energy storage system is inspected by the authority that has jurisdiction over fire suppression. The bill would require that the applicant bear the cost of the inspection, as specified. The bill would require, as part of the next update to the California Building Standards Code considered after July 1, 2026, the Office of the State Fire Marshal to review and consider proposing provisions that restrict the location of energy storage systems to dedicated-use noncombustible buildings or outdoor installations, as provided. By imposing additional duties on local officers, the bill would impose a state-mandated local program.

The 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.