The California Building Standards Law establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years. Existing law requires the State Fire Marshal, before the next triennial edition of the California Building Standards Code adopted after January 1, 2023, to research and develop, and authorizes the State Fire Marshal to propose to the commission, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as provided.

This bill would require the State Fire Marshal, before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the commission updates to the fire standards relating to requirements for lithium-based battery systems, as provided. The bill would require these updates to address the specific environments in which communications utilities are required to deploy the lithium-based battery systems in order to meet specified requirements relating to backup electricity for telecommunications infrastructure, as provided.

The California Building Standards Law establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years. Existing law requires the State Fire Marshal, before the next triennial edition of the California Building Standards Code adopted after January 1, 2023, to research and develop, and authorizes the State Fire Marshal to propose to the commission, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as provided.

This bill would require the State Fire Marshal, before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the commission updates to the fire standards relating to requirements for lithium-based battery systems, as provided. The bill would require these updates to address the specific environments in which communications utilities are required to deploy the lithium-based battery systems in order to meet specified requirements relating to backup electricity for telecommunications infrastructure, as provided.

The California Building Standards Law establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years. Existing law requires the State Fire Marshal to research and develop, and authorizes the State Fire Marshal to propose to the California Building Standards Commission, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as provided.

This bill would require the State Fire Marshal, before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the commission updates to the fire standards relating to requirements for lithium-based battery systems, as provided. The bill would require these updates to address the specific environments in which communications utilities are to deploy the lithium-based battery systems in order to meet specified requirements relating to backup electricity for telecommunications infrastructure, as provided.

The California Building Standards Law establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years. Existing law requires the State Fire Marshal to research and develop, and authorizes the State Fire Marshal to propose to the California Building Standards Commission, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as provided.

This bill would require the State Fire Marshal, before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the commission updates to the fire standards relating to requirements for lithium-based battery systems, as provided. The bill would require these requirements for lithium-based battery systems to be consistent with the requirements for lead-acid and nickel-cadmium batteries, as provided. updates to address the specific environments in which communications utilities are to deploy the lithium-based battery systems in order to meet specified requirements relating to backup electricity for telecommunications infrastructure, as provided.

The California Building Standards Law establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years. Existing law requires the State Fire Marshal to research and develop, and authorizes the State Fire Marshal to propose to the California Building Standards Commission, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as provided.

This bill would require the State Fire Marshal, before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the commission updates to the fire standards relating to requirements for lead-acid and nickel-cadmium battery systems to include identical requirements for lithium-based batteries, battery systems, as provided. The bill would require these requirements for lithium-based battery systems to be consistent with the requirements for lead-acid and nickel-cadmium batteries, as provided.

The California Building Standards Law establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years. Existing law requires the State Fire Marshal to research and develop, and authorizes the State Fire Marshal to propose to the California Building Standards Commission, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as provided.

This bill would require the State Fire Marshal, before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the commission updates to the fire standards relating to requirements for lead-acid and nickel-cadmium battery systems to include identical requirements for lithium-ion lithium-based batteries, as provided.

The California Building Standards Law establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years. Existing law requires the State Fire Marshal to research and develop, and authorizes the State Fire Marshal to propose to the California Building Standards Commission, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as provided.

This bill would require the State Fire Marshal, before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the commission updates to the fire standards relating to requirements for lead-acid and nickel-cadmium battery systems to include identical requirements for lithium-ion batteries, as provided.

 UNFINISHED BUSINESS  

Bill No: SB 1152

Author: Limón (D)

Amended: 8/19/24

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 16-0, 4/23/24

AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Smallwood-Cuevas

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

SENATE FLOOR: 37-0, 5/23/24

AYES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Allen, Archuleta, Newman

ASSEMBLY FLOOR: 77-0, 8/28/24 - See last page for vote

SUBJECT: State Fire Marshal: fire safety: regulations: lithium-based battery systems: telecommunications infrastructure

SOURCE: CalChamber

California Broadband & Video Association

California Manufacturers & Technology Association

DIGEST:

This bill requires the California State Fire Marshal (SFM), before the next triennial edition of the California Building Standards Code, to propose to the California Building Standards Commission (CBSC) updates to the fire standards relating to requirements for lithium-based battery systems, as specified.

Assembly Amendments

require updates to address environments in which communications utilities are to deploy the lithium-based battery systems in order to meet specified requirements relating to backup electricity for telecommunications infrastructure, as specified, and delete a reference to UL 9540A.

ANALYSIS:

This bill:

1. California Building Standards Law establishes the CBSC within the Department of General Services (DGS), as specified.
2. Requires the CBSC to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every three years, as specified.
3. Requires the SFM to research and develop, and authorizes the SFM to propose to the CBSC, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as specified.

This bill:

1. Requires the SFM , before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the CBSC updates to the fire standards, as specified, relating to the requirements for those lithium-based battery systems that are compliant with UL 9540 at facilities under the exclusive control of communications utilities in order to support compliance with regulations adopted by the California Public Utilities Commission (CPUC) relating to 72-hour backup power requirements, as specified.
2. Requires the updates proposed by the SFM pursuant to this bill to address the specific environments in which communications utilities shall deploy lithium-based battery systems in order to meet specified requirements.

Background

Author Statement. According to the author’s office, “the State requires all wireline service providers to have backup power for 72 hours to their facilities in Tier 2 and Tier 3 High-Fire Threat Districts in California. This backup power is essential during emergencies and power outages so that communications equipment remains active, for residents and emergency responders. Broadband providers have complied with these requirements by utilizing diesel generators. Lithium based batteries have become a large part of moving towards energy resiliency and away from fossil fuels. This bill requires Cal FIRE to update the fire code to allow lithium-based batteries to be an approved source for cleaner backup power, where it is appropriate.”

Rulemaking 18-03-011. In 2021, the California Public Utilities Commission (CPUC) adopted a decision requiring California wireline providers to develop comprehensive resiliency strategies to prepare for disasters and power outages (Rulemaking 18-03-011). As part of this decision, the CPUC required wireline and wireless service providers to provide backup power for 72 hours to their facilities in California’s Tier 2 and Tier 3 High-Fire Threat Districts.

The CPUC decision permits various methods of backup power, such as diesel and natural gas generators, and also directed wireline providers to explore ways to transition to renewable generation sources. Advancements in the battery industry have allowed for greater energy storage on a smaller physical footprint in the right of way. These batteries are a cleaner option of backup power for wireline providers, but existing fire code inhibits deployment due to clearance and setback requirements.

Current State Fire Code creates barriers to deploying lithium-based batteries for the 72-hour backup requirement. In order to utilize lithium-based batteries, each provider must receive a waiver from each local fire authority for each project. With the influx of broadband infrastructure projects on the horizon with the federal grant dollars, a statewide standard is needed.

Building Standards Code 2024 Triennial Code Adoption Cycle. The California Building Standards Code is the building code for California, and Title 24 of the California Code of Regulations. It is maintained by the CBSC, which is granted the authority to oversee processes related to the building standards codes by the California Building Standards Law. New editions of the California Building Standards Code are published every three years in a triennial cycle with supplemental information published during other years. Changes made to each edition are based on proposals made by state agencies. Proposals are presented to the CBSC and must provide thorough justification for proposed changes. Proposals go through multiple phases during the adoption.

The deadline for state agencies to submit International Association of Plumbing and Mechanical Officials, CalGreen and National Electrical Code changes to the CBSC was February 1, 2024. The International Code Council related code changes are due May 3, 2024. These code changes will result in the 2025 edition of the California Building Standards Code, Title 24 of the California Code of Regulations, effective January 1, 2026.

Chapter 12 (commencing with Section 1201.1) of Part 9 of Title 24 of the California Code of Regulations is the section of the California Fire Code related to energy systems. Chapter 12 was added to address standby and emergency power, portable generators, photovoltaic systems, fuel cell energy systems, and energy storage systems. With respect to requirements that specify that they apply to lead-acid and nickel-cadmium batteries, most of the provisions specify that they apply to lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that comply with NFPA 76, as specified. The fire code includes more stringent requirements for lithium-based chemistries (fire containment and suppression, explosion protection, etc.) because they present a higher fire risk than lead-acid and nickel-cadmium.

Lithium Based Batteries. Lithium-ion batteries are comprised of an anode, cathode, separator, electrolyte, and two current collectors (positive and negative). The anode and the cathode store the lithium. The electrolyte carries positively charged lithium ions from the anode to the cathode and vice versa through the separator. The movement of the lithium ions creates free electrons in the anode,which creates a charge at the positive current collector. The electrical current then flows from the current collector through a device being powered (cellphone, computer, etc.) to the negative current collector. The separator blocks the flow of electrons inside the battery.

Compared to other high-quality rechargeable battery technologies (nickel-cadmium, nickel-metal-hydride, or lead-acid), lithium batteries have a number of advantages. They have one of the highest energy densities of any commercial battery technology, approaching 300 watt-hours per kilogram (Wh/kg) compared to roughly 75 Wh/kg for alternative technologies. In addition, lithium-ion ells can deliver up to 3.6 volts, 1.5-3 times the voltage of alternatives, which makes them suitable for high-power applications like transportation. Lithium-ion batteries are comparatively low maintenance, and do not require scheduled cycling to maintain their battery life. High energy densities and long lifespans have made lithium-ion batteries the market leader in portable electronic devices and electrified transportation, including electric vehicles and jets.

Thermal Runaway. One of the primary risks related to lithium-ion batteries is thermal runaway. Thermal runaway is a phenomenon in which the lithium-ion cell enters an uncontrollable, self-heating state. Thermal runaway can result in extremely high temperatures, violent cell venting, smoke, and fire. Faults in a lithium-ion cell can result in a thermal runaway, and these faults can be caused by internal failure or external conditions.One example of such internal failure is an internal short circuit. In a lithium-ion cell, the cathode and anode electrodes are physically separated by a component called the separator. Defects in the cell that compromise the separator’s integrity can cause an internal short circuit condition that can result in thermal runaway. This is especially likely in cells of poor quality.

External, off-nominal conditions can also cause thermal runaway. Some examples of off-nominal conditions include:

1. Overcharge. Can be due to incompatibility between cell and charger, or poorly designed battery management system (BMS).
2. Multiple over-discharges followed by charge. Discharging the cell or battery below the cell manufacturer-recommended lower voltage threshold multiple times, then charging the cell.
3. External short circuit.
4. High- and low-temperature environments.

Batteries are manufactured with controls intended to protect against off-nominal conditions. However, these conditions can lead to thermal runaway if the proper controls are not incorporated. Lithium-ion battery fire and explosion are triggered by the thermal runaway reactions inside the cell. Further, lithium-ion batteries stored near or next to another battery or batteries can set off a chain reaction, making an already tough fire to fight even worse. When they reach thermal runaway, lithium-ion battery fires can burn for hours or even days.

One such example occurred in Rancho Cordova, in June of 2022, when a Tesla Model S, which had been badly damaged in a collision was sitting in a wrecking yard and suddenly erupted in flames. When firefighters arrived the car was engulfed, according to the Sacramento Metropolitan Fire District, “[e]very time the blaze was momentarily extinguished, the car’s battery compartment reignited.” Eventually, the firefighters used a tractor to create a pit in the dirt, were able to get the car inside, and then filled the hole with water. That allowed the firefighters to submerge the battery pack and ultimately extinguish the fire, which burned hotter than 3,000 degrees and took more than an hour and 4,500 gallons of water to extinguish.

Related/Prior Legislation

SB 1271 (Min, 2024) requires, beginning January 1, 2026, electric bicycle, powered mobility device, or storage battery manufacturers or distributors to test said devices by an accredited testing laboratory for compliance with safety standards. This bill requires by January 1, 2028, similar testing for those who rent these devices. This bill also requires labeling electric bicycles capable of operating in multiple modes with the classification number of the highest class of which it is capable of operating. (Pending on the Assembly Floor)

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee, costs of approximately less than $148,000 in the first year and $288,000 in each the second and third year to the SFM for two limited-term positions to develop the proposed updates (Building Standards Administration Special Revolving Fund). The SFM anticipates needing: (a) a research data specialist to perform research on battery-related regulatory efforts and provide related economic and fiscal analysis and (b) an office technician to oversee stakeholder communications, organize related meetings, and provide other support.

SUPPORT: (Verified 8/27/24)

CalChamber (Co-source)
California Broadband &Video Association (Co-source)
California Manufacturers & Technology Association (Co-source)
California Chapter National Emergency Number Association
California Environmental Voters
California Hispanic Chamber of Commerce
Chula Vista Chamber of Commerce
Clean Power Campaign
Coalition for Clean Air
Garden Grove Chamber of Commerce
Greater High Desert Chamber of Commerce
Greater Irvine Chamber of Commerce
Laguna Hills Chamber of Commerce
Laguna Niguel Chamber of Commerce
Long Beach Area Chamber of Commerce
Long Beach Chamber of Commerce
Mission Viejo Chamber of Commerce
National City Chamber of Commerce
Oceanside Chamber of Commerce
Redondo Beach Chamber of Commerce
San Diego Regional Chamber of Commerce
San Pedro Chamber of Commerce
Santa Barbara South Coast Chamber of Commerce
Silicon Valley Leadership Group
Simi Valley Chamber of Commerce
South Bay Association of Chambers of Commerce
South Orange County Economic Coalition
Southwest California Legislative Council
TechNet
The Greater Coachella Valley Chamber of Commerce
Torrance Chamber of Commerce
Tri County Chamber Alliance
West Ventura County Business Alliance

OPPOSITION: (Verified 8/27/24)

None received

ARGUMENTS IN SUPPORT: The sponsors of the bill write that the “[CPUC] adopted a decision requiring California wireline providers to develop comprehensive resiliency strategies to prepare for disasters and power outages (Rulemaking 18-03-011). As part of this decision, the PUC required wireline and wireless service providers to provide backup power for 72 hours to their facilities in California Tier 2 and Tier 3 High-Fire Threat Districts.”

Further, the “CPUC decision permits various methods of backup power, such as diesel and natural gas generators, and directed wireline providers to explore ways to transition to renewable generation sources. Advancements in the battery industry have allowed for greater energy storage on a smaller physical footprint in the right of way. These batteries are a cleaner source of backup power for wireline providers, but existing fire code inhibits deployment due to clearance and setback requirements.”

Finally, “[b]y directing the SFM to update the state fire code to allow for greater deployment of lithium based batteries in the right of way wireline providers will be able to utilize another source of energy for backup power, in addition to providing a cleaner alternative to diesel and natural gas. Local fire authorities have begun to issue exemptions to allow for lithium-based batteries to be deployed, but a uniform statewide standard must be adopted to create continuity not only for county regulations but also for the wireline providers looking to standardize equipment and processes across their California footprint.”

ASSEMBLY FLOOR: 77-0, 8/28/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Cervantes, Ortega

Prepared by: Brian Duke / G.O. / (916) 651-1530

8/28/24 22:39:41

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1152

Author:(Limón)

As Amended Ver:August 19, 2024

Majority vote

SUMMARY

This bill requires the State Fire Marshal (SFM) to propose code updates to the California Building Standards Commission (CBSC) regarding fire standards for lithium-based battery systems.

Major Provisions

1. Requires the SFM to propose updates to the fire standards for lithium-based battery systems that are compliant with UL 9540 at facilities that are exclusively controlled by communications utilities, and which are used for backup power by communications utilities. These updates must be proposed before the next triennial edition of the California Building Standards Code (Code) is adopted after January 1, 2025.
2. Requires the proposed updates to address the specific environments in which communications utilities shall deploy lithium-based battery systems to meet 72-hour backup power requirements pursuant to Public Utilities Commission (PUC) rules.

COMMENTS

Rulemaking 18-03-011: In 2021, the CPUC adopted a decision requiring California wireline providers to develop comprehensive resiliency strategies to prepare for disasters and power outages (Rulemaking 18-03-011). As part of this decision, the CPUC required wireline and wireless service providers to provide backup power for 72 hours to their facilities in California's Tier 2 and Tier 3 High-Fire Threat Districts.

The CPUC decision permits various methods of backup power, such as diesel and natural gas generators, and also directed wireline providers to explore ways to transition to renewable generation sources. Advancements in the battery industry have allowed for greater energy storage on a smaller physical footprint in "right of way" spaces like roadsides and medians. These batteries are a cleaner option of backup power for wireline providers, but existing fire code inhibits deployment due to clearance and setback requirements.

Current State Fire Code creates barriers to deploying lithium-based batteries for the 72-hour backup requirement, due to the relative flammability of such batteries. In order to utilize lithium-based batteries, each provider must receive a waiver from each local fire authority for each project. With the influx of broadband infrastructure projects on the horizon supported by federal grant dollars, a statewide standard is needed. This bill directs the SFM to draft regulations regarding fire standards for lithium-based battery systems that address the specific environments in which such systems would be deployed to meet utilities' 72-hour backup power requirements.

CBSC Code Adoption Cycle. The Code is a compilation of three types of building standards from three different origins: (a) standards adopted by state agencies without change from building standards contained in national model codes, (b) standards adopted and adapted from national model codes to address changing conditions in California, and (c) standards authorized by the Legislature that constitute amendments not covered by national model codes, but created and adopted to address particular California concerns. This bill requires the SFM to propose code updates to the CSBC for consideration before the next triennial code edition to be adopted after January 1, 2025. The 2024 triennial code adoption cycle currently underway will result in the 2025 edition of the Code, effective January 1, 2026. Given the time it will take the SFM to produce the recommendations, the requirements set forth by this bill will likely be incorporated in the next cycle, which begins in 2027. The 2027 triennial code adoption cycle will result in the 2028 triennial edition of the Code, effective January 1, 2029.

Energy System Code: Title 24 of the California Code of Regulations is the section of the California Fire Code related to energy systems. Chapter 12 was added to address standby and emergency power, portable generators, photovoltaic systems, fuel cell energy systems, and energy storage systems. With respect to requirements that specify that they apply to lead-acid and nickel-cadmium batteries, most of the provisions specify that they apply to lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that comply with NFPA 76, as specified. The fire code includes more stringent requirements for lithium-based chemistries (fire containment and suppression, explosion protection, etc.) because, as a class, they present a higher fire risk than lead-acid and nickel-cadmium.

Lithium Batteries: Compared to other high-quality rechargeable battery technologies (nickel-cadmium, nickel-metal-hydride, or lead-acid), lithium batteries have a number of advantages that make them preferable for use as backup power by communications utilities. First, they have one of the highest energy densities of any commercial battery technology, approaching 300 watt-hours per kilogram (Wh/kg) compared to roughly 75 Wh/kg for alternative technologies. In addition, lithium-ion ells can deliver up to 3.6 volts, 1.5-3 times the voltage of alternatives, which makes them suitable for high-power applications. Lithium-ion batteries are comparatively low maintenance, and do not require scheduled cycling to maintain their battery life. High energy densities and long lifespans have made lithium-ion batteries the market leader in portable electronic devices and electrified transportation, including electric vehicles and jets.

Thermal Runaway: One of the primary risks related to lithium-ion batteries is thermal runaway. Thermal runaway is a phenomenon in which the lithium-ion cell enters an uncontrollable, self-heating state. Thermal runaway can result in extremely high temperatures, violent cell venting, smoke, and fire. Faults in a lithium-ion cell can result in a thermal runaway, and these faults can be caused by internal failure or external conditions.

Batteries are manufactured with controls intended to protect against off-nominal conditions. However, these conditions can lead to thermal runaway if the proper controls are not incorporated, or if off-nominal conditions are induced by major damage to the battery. In the case of communications back up power installations in right of ways, 'major damage' can be incurred by events such as being struck by a vehicle, exposed to wildfire, or crushed by falling trees, rocks, or other significant debris. Lithium-ion battery fires and explosions are triggered by the thermal runaway reactions inside the cell. Further, lithium-ion batteries stored near or next to another battery or batteries can set off a chain reaction, making an already tough fire to fight even worse. When they reach thermal runaway, lithium-ion battery fires can burn for hours or even days, until all the flammable chemicals in the battery have been consumed by the combustion reaction.

Because of these dangers, it is necessary to regulate lithium-based batteries separately from other, lower risk battery types. Lithium iron phosphate (LFP) batteries, which have a notably stable chemistry, might be the exception, and could potentially be regulated by the State Fire Marshal separately from the rest of the lithium batteries class. Thus far, all of the lithium battery systems installed by Cox Communications for backup power have used LFP batteries.

According to the Author

"This backup power is essential during emergencies and power outages so that communications equipment remains active, for residents and emergency responders. Broadband providers have complied with these requirements by utilizing diesel generators. Lithium-based batteries have become a large part of moving towards energy resiliency and away from fossil fuels. This bill requires [the SFM] to update the fire code to allow lithium-based batteries to be an approved source for cleaner backup power, where it is appropriate."

Arguments in Support

The California Broadband and Video Association, who sponsored this bill, writes in support: "Lithium-based batteries represent a significant advancement in backup power technology. They offer greater energy storage capacity and a smaller physical footprint, making them an ideal choice for deployment in constrained spaces within the right of way. Furthermore, these batteries provide a cleaner alternative to traditional diesel and natural gas generators, aligning with California's broader environmental goals. However, the current state fire code presents barriers that restrict the deployment of these innovative solutions. SB 1152 addresses this challenge by directing the State Fire Marshal to update fire code regulations, thereby facilitating broader use of lithium-based batteries. This legislative update is crucial for not only ensuring uniform safety standards but also for promoting consistency across county regulations and standardizing equipment and processes for wireline providers throughout the state. Local fire authorities have recognized the benefits of lithium-based batteries and have begun granting exemptions for their use. A statewide standard, as proposed in SB 1152, would eliminate the patchwork of local regulations, providing clarity and uniformity that will benefit providers and consumers alike."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations, "Costs of approximately less than $148,000 in the first year and $288,000 in each the second and third year to the SFM for two limited-term positions to develop the proposed updates (Building Standards Administration Special Revolving Fund). The SFM anticipates needing: (a) a research data specialist to perform research on battery-related regulatory efforts and provide related economic and fiscal analysis and (b) an office technician to oversee stakeholder communications, organize related meetings, and provide other support."

VOTES

SENATE FLOOR: 37-0-3

YES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Allen, Archuleta, Newman

ASM EMERGENCY MANAGEMENT: 8-0-0

YES: Rodriguez, Davies, Arambula, Bennett, Boerner, Calderon, Wendy Carrillo, Waldron

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: August 19, 2024

CONSULTANT: Sarina Patel / E.M. / (916) 319-3802 FN: 0004027

Date of Hearing: August 7, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 1152

Author:(Limón) – As Amended Ver:June 26, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the State Fire Marshal (SFM) to propose code updates to the California Building Standards Commission (CBSC) regarding fire standards for lithium-based battery systems.

Specifically, this bill:

1. Requires the SFM to propose updates to the fire standards for lithium-based battery systems at communications utilities before the next triennial edition of the California Building Standards Code (Code) is adopted after January 1, 2025.
2. Requires the proposed updates to address the specific environments in which communications utilities must deploy lithium-based battery systems to meet 72-hour backup power requirements pursuant to Public Utilities Commission (PUC) rules.

FISCAL EFFECT:

Costs of approximately $148,000 in the first year and $288,000 in each the second and third year to the SFM for two limited-term positions to develop the proposed updates (Building Standards Administration Special Revolving Fund). The SFM anticipates needing: (a) a research data specialist to perform research on battery-related regulatory efforts and provide related economic and fiscal analysis and (b) an office technician to oversee stakeholder communications, organize related meetings, and provide other support.

COMMENTS:

1. Purpose. According to the author:

This backup power is essential during emergencies and power outages so that communications equipment remains active, for residents and emergency responders. Broadband providers have complied with these requirements by utilizing diesel generators. Lithium-based batteries have become a large part of moving towards energy resiliency and away from fossil fuels. This bill requires [the SFM] to update the fire code to allow lithium-based batteries to be an approved source for cleaner backup power, where it is appropriate.

This bill is sponsored by the California Broadband and Video Association and supported by other business associations and environmental groups.

1. Background.

72-Hour Backup Power. In 2021, the PUC adopted a decision requiring California wireline providers to develop comprehensive resiliency strategies to prepare for disasters and power outages, including 72-hour backup power requirements for facilities in certain high-fire threat districts. The decision permits various methods of backup power, such as diesel and natural gas generators, but also directed providers to explore the transition to renewable generation sources. However, current fire standards generally prevent the deployment of lithium-based battery technology as a backup power source, as each provider must receive a waiver from each site’s local fire authority before proceeding with each project.

CBSC Code Adoption Cycle. The Code is a compilation of three types of building standards from three different origins: (a) standards adopted by state agencies without change from building standards contained in national model codes, (b) standards adopted and adapted from national model codes to address changing conditions in California, and (c) standards authorized by the Legislature that constitute amendments not covered by national model codes, but created and adopted to address particular California concerns. The 2024 triennial code adoption cycle currently underway will result in the 2025 edition of the Code, effective January 1, 2026. Thus, the 2027 triennial code adoption cycle will result in the 2028 triennial edition of the Code, effective January 1, 2029. This bill requires the SFM to propose code updates to the CSBC for consideration in the 2028 triennial edition of the Code regarding fire standards for lithium-based battery systems that address the specific environments in which such systems would be deployed to meet utilities’ 72-hour backup power requirements.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: June 24, 2024

ASSEMBLY COMMITTEE ON EMERGENCY MANAGEMENT

Freddie Rodriguez, Chair

SBPCA Bill Id:SB 1152

Author:(Limón) – As Amended Ver:April 24, 2024

SENATE VOTE: 37-0

SUBJECT: State Fire Marshal: fire safety: regulations: lithium-based battery systems

SUMMARY: This bill requires the State Fire Marshal (SFM) to propose to the California Building Standards Commission (CBSC) updates to the fire standards relating to lithium-based battery systems and requires those requirements to specifically address their use by communications utility providers to supply backup power during outages. Specifically, this bill:

1. Requires the SFM, before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose updates to the fire standards described in Chapter 12 of Part 9 of Title 24 of the California Code of Regulations relating to lithium-based battery systems.
2. Requires that these proposed regulations apply specifically to the lithium-based battery systems used by communication utilities to comply with Section 776.2 of the Public Utilities Code, which sets requirements for 72 hours of backup power to be available in the event of a power outage.
3. Requires the requirements for lithium-based battery systems to be consistent with the requirements for lead-acid and nickel-cadmium batteries as described in the existing regulations.

EXISTING LAW:

1. The California Building Standards Law establishes the CBSC, within the Department of General Services (DGS), and requires the CBSC to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published every three years, as specified. (California Code of Regulations, Title 24.)
2. Requires the SFM to research and develop, and authorizes the SFM to propose to the CBSC, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as specified. (Health and Safety Code 13108.5.1)

FISCAL EFFECT: According to the Senate Committee on Appropriations, “The California Department of Forestry and Fire Protection (Cal FIRE) reports costs of $148,000 in the first year and $288,000 in year two and year three of implementation for two limited-term staff (Building Standards Administration Special Revolving Fund). These staff constitute one full Research Data Specialist I and one full Office Technician.”

COMMENTS:

Author’s Statement: According to the author’s office, “the State requires all wireline service providers to have backup power for 72 hours to their facilities in Tier 2 and Tier 3 High-Fire Threat Districts in California. This backup power is essential during emergencies and power outages so that communications equipment remains active, for residents and emergency responders. Broadband providers have complied with these requirements by utilizing diesel generators. Lithium-based batteries have become a large part of moving towards energy resiliency and away from fossil fuels. This bill requires [California Department of Forestry and Fire Protection] Cal FIRE to update the fire code to allow lithium-based batteries to be an approved source for cleaner backup power, where it is appropriate.”

Equity Impact: According to the author, “Currently, backup power is predominantly provided through diesel generators and natural gas hook-ups. This bill can lead to more of the 72 backup power being provided by electricity, allowing for better air quality in neighborhoods.”

Rulemaking 18-03-011: In 2021, the CPUC adopted a decision requiring California wireline providers to develop comprehensive resiliency strategies to prepare for disasters and power outages (Rulemaking 18-03-011). As part of this decision, the CPUC required wireline and wireless service providers to provide backup power for 72 hours to their facilities in California’s Tier 2 and Tier 3 High-Fire Threat Districts.

The CPUC decision permits various methods of backup power, such as diesel and natural gas generators, and also directed wireline providers to explore ways to transition to renewable generation sources. Advancements in the battery industry have allowed for greater energy storage on a smaller physical footprint in “right of way” spaces like roadsides and medians. These batteries are a cleaner option of backup power for wireline providers, but existing fire code inhibits deployment due to clearance and setback requirements.

Current State Fire Code creates barriers to deploying lithium-based batteries for the 72-hour backup requirement. In order to utilize lithium-based batteries, each provider must receive a waiver from each local fire authority for each project. With the influx of broadband infrastructure projects on the horizon supported by federal grant dollars, a statewide standard is needed.

Building Standards Code 2024 Triennial Code Adoption Cycle: The California Building Standards Code is the building code for California, and Title 24 of the California Code of Regulations. It is maintained by the California Building Standards Commission (CBSC), which is granted the authority to oversee processes related to the building standards codes by the California Building Standards Law. New editions of the California Building Standards Code are published every three years in a triennial cycle with supplemental information published during other years. Changes made to each edition are based on proposals made by state agencies. Proposals are presented to the CBSC and must provide thorough justification for proposed changes. Proposals go through multiple phases during the adoption.

The deadline for state agencies to submit International Association of Plumbing and Mechanical Officials, CalGreen and National Electrical Code changes to the CBSC was February 1, 2024. The International Code Council related code changes were due May 3, 2024. These code changes will result in the 2025 edition of the California Building Standards Code, Title 24 of the California Code of Regulations, effective January 1, 2026.

Chapter 12 (commencing with Section 1201.1) of Part 9 of Title 24 of the California Code of Regulations is the section of the California Fire Code related to energy systems. Chapter 12 was added to address standby and emergency power, portable generators, photovoltaic systems, fuel cell energy systems, and energy storage systems. With respect to requirements that specify that they apply to lead-acid and nickel-cadmium batteries, most of the provisions specify that they apply to lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that comply with NFPA 76, as specified. The fire code includes more stringent requirements for lithium-based chemistries (fire containment and suppression, explosion protection, etc.) because, as a class, they present a higher fire risk than lead-acid and nickel-cadmium.

Lithium Based Batteries: Lithium-ion batteries are comprised of an anode, cathode, separator, electrolyte, and two current collectors (positive and negative). The anode and the cathode store the lithium. The electrolyte carries positively charged lithium ions from the anode to the cathode and vice versa through the separator. The movement of the lithium ions creates free electrons in the anode, which creates a charge at the positive current collector. The electrical current then flows from the current collector through a device being powered (cellphone, computer, etc.) to the negative current collector. The separator blocks the flow of electrons inside the battery.

Compared to other high-quality rechargeable battery technologies (nickel-cadmium, nickel-metal-hydride, or lead-acid), lithium batteries have a number of advantages. They have one of the highest energy densities of any commercial battery technology, approaching 300 watt-hours per kilogram (Wh/kg) compared to roughly 75 Wh/kg for alternative technologies. In addition, lithium-ion ells can deliver up to 3.6 volts, 1.5-3 times the voltage of alternatives, which makes them suitable for high-power applications like transportation. Lithium-ion batteries are comparatively low maintenance, and do not require scheduled cycling to maintain their battery life. High energy densities and long lifespans have made lithium-ion batteries the market leader in portable electronic devices and electrified transportation, including electric vehicles and jets.

Thermal Runaway: One of the primary risks related to lithium-ion batteries is thermal runaway. Thermal runaway is a phenomenon in which the lithium-ion cell enters an uncontrollable, self-heating state. Thermal runaway can result in extremely high temperatures, violent cell venting, smoke, and fire. Faults in a lithium-ion cell can result in a thermal runaway, and these faults can be caused by internal failure or external conditions.

One example of such internal failure is an internal short circuit. In a lithium-ion cell, the cathode and anode electrodes are physically separated by a component called the separator. Defects in the cell that compromise the separator’s integrity can cause an internal short circuit condition that can result in thermal runaway. This is especially likely in cells of poor quality.

External, off-nominal conditions can also cause thermal runaway. Some examples of off-nominal conditions include:

1. Overcharge: Can be due to incompatibility between cell and charger, or poorly designed battery management system (BMS).
2. Multiple over-discharges followed by charge: Discharging the cell or battery below the cell manufacturer-recommended lower voltage threshold multiple times, then charging the cell.
3. External short circuit.
4. High- and low-temperature environments.

Batteries are manufactured with controls intended to protect against off-nominal conditions. However, these conditions can lead to thermal runaway if the proper controls are not incorporated, or if off-nominal conditions are induced by major damage to the battery. In the case of communications back up power installations in right of ways, ‘major damage’ can be incurred by events such as being struck by a vehicle, exposed to wildfire, or crushed by falling trees, rocks, or other significant debris. Lithium-ion battery fires and explosions are triggered by the thermal runaway reactions inside the cell. Further, lithium-ion batteries stored near or next to another battery or batteries can set off a chain reaction, making an already tough fire to fight even worse. When they reach thermal runaway, lithium-ion battery fires can burn for hours or even days, until all the flammable chemicals in the battery have been consumed by the combustion reaction.

One such example occurred in Rancho Cordova in June of 2022, when a Tesla Model S, which had been badly damaged in a collision was sitting in a wrecking yard and suddenly erupted in flames. When firefighters arrived the car was engulfed, according to the Sacramento Metropolitan Fire District, “[e]very time the blaze was momentarily extinguished, the car’s battery compartment reignited.” Eventually, the firefighters used a tractor to create a pit in the dirt, were able to get the car inside, and then filled the hole with water. That allowed the firefighters to suffocate the battery pack and ultimately extinguish the fire, which burned hotter than 3,000 degrees and took more than an hour and 4,500 gallons of water to extinguish.

As noted above, this bill requires the State Fire Marshal (SFM), before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the California Building Standards Commission (CBSC) updates to the fire standards relating to battery systems and requires those requirements for lithium-based battery systems to be consistent with the requirements for lead-acid and nickel-cadmium batteries, as specified.

Lithium Iron Phosphate batteries are notably less flammable: Thus far, all of the lithium battery systems installed by Cox Communications for backup power have used lithium iron phosphate (LFP) batteries. LFPs are broadly heralded as the least flammable of the lithium-based battery category because their chemistry is relatively stable at high temperatures (much like lead-acid and nickel cadmium ones) and is therefore more resistant to thermal runaway. This is particularly true when the batteries are at full charge, as charging moves lithium ions away from the electrolytes in the battery, and combustion can only occur when the two are co-located. LFP batteries are also considered more environmentally friendly because 1) both iron and phosphate are abundant in nature and 2) LFP batteries also have long lifespans and are considered easier to recycle when they finally die.

LFPs are not perfect; a recent academic study out of the UK by Bugryniec et al., found that in the event of a catastrophic failure, LFP batteries (particularly ones at sub-full charge) can degrade and produce a toxic gas. However, the fire safety of LFP batteries are still significantly different enough from other types of lithium-based batteries that there could be justification to regulate them differently, or else restrict communications companies to using them for emergency power installations in the right of way, in exchange for less rigorous installation requirements.

Suggested Amendments: The author may wish to amend this bill to task the State Fire Marshal with regulating the specific use-case of lithium-based batteries supplying back up power for communications equipment, which consists of conditions not typical to other regulated electricity storage systems. For example, existing codes encompass situations where batteries are installed in occupiable spaces. Communications backup power tends to be installed in boxes mounted to concrete pads in public right of way spaces, such as in medians or alongside the road. Many of these spaces are constrained, making safety measures like set-back distances difficult to achieve. On the other hand, the use of lithium-based batteries in wildfire zones should include safety measures like a minimum cleared distance of vegetation and the use of fire retardant, and battery installations near roads should be protected from vehicular accidents using defense structures like bollards. The author may also wish to identify existing energy storage system standards which the State Fire Marshal can apply to this circumstance. The suggested language is as follows:

SECTION 1. Section 13110.3 is added to the Health and Safety Code, to read:

13110.3. The State Fire Marshal shall, before the next triennial edition of the California Building Standards Codes (Title 24 of the California Code of Regulations) adopted after January 1, 2025, propose to the California Building Standards Commission updates to the fire standards described in Chapter 12 (commencing with Section 1201.1) of Part 9 of Title 24 of the California Code of Regulations relating to requirements for those lithium-based battery systems that are compliant with UL 9540 and UL 9540A at facilities under the exclusive control of communications utilities in order to support compliance with regulations adopted by the Public Utilities Commission relating to 72-hour backup power requirements. These requirements for lithium-based battery systems shall be consistent with the requirements for lead-acid and nickel-cadmium batteries as described in the existing regulations. requirements pursuant to Section 776.2 of the Public Utilities Code. The updates proposed by the State Fire Marshal pursuant to this section shall address the specific environments in which communications utilities shall deploy lithium-based battery systems in order to meet the requirements implemented pursuant to Section 776.2 of the Public Utilities Code.

Arguments in Support: The California Broadband and Video Association, who sponsored this bill, writes in support: “Lithium-based batteries represent a significant advancement in backup power technology. They offer greater energy storage capacity and a smaller physical footprint, making them an ideal choice for deployment in constrained spaces within the right of way. Furthermore, these batteries provide a cleaner alternative to traditional diesel and natural gas generators, aligning with California’s broader environmental goals. However, the current state fire code presents barriers that restrict the deployment of these innovative solutions. SB 1152 addresses this challenge by directing the State Fire Marshal to update fire code regulations, thereby facilitating broader use of lithium-based batteries. This legislative update is crucial for not only ensuring uniform safety standards but also for promoting consistency across county regulations and standardizing equipment and processes for wireline providers throughout the state. Local fire authorities have recognized the benefits of lithium-based batteries and have begun granting exemptions for their use. A statewide standard, as proposed in SB 1152, would eliminate the patchwork of local regulations, providing clarity and uniformity that will benefit providers and consumers alike.”

Arguments in Opposition: None on file.

Related/ Prior Legislation: SB 1271 (Min, 2024) would require, beginning January 1, 2026, electric bicycle, powered mobility device, or storage battery manufacturers or distributors to test said devices by an accredited testing laboratory for compliance with safety standards. This bill requires by January 1, 2028, similar testing for those who rent these devices. (Pending in the Assembly Emergency Management Committee)

AB 835 (Lee, Chapter 345, Statutes of 2023) required the SFM to research standards for single-exit, single stairway apartment houses, with more than two dwelling units, in buildings above three stories.

AB 2322 (Wood, Chapter 284, Statutes of 2022) required the SFM to research and develop, and to propose to the CBSC, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as specified.

REGISTERED SUPPORT / OPPOSITION:

Support

California Broadband and Video Association (Calbroadband; Sponsor)
Calchamber
California Hispanic Chamber of Commerce
California Manufacturers & Technology Association
Garden Grove Chamber of Commerce
Greater High Desert Chamber of Commerce
Long Beach Chamber of Commerce
Oceanside Chamber of Commerce
Redondo Beach Chamber of Commerce
San Pedro Chamber of Commerce
Silicon Valley Leadership Group
Simi Valley Chamber of Commerce
South Bay Association of Chambers of Commerce
Southwest California Legislative Council
Technet
The Greater Coachella Valley Chamber of Commerce
Tri County Chamber Alliance
West Ventura County Business Alliance

Opposition

None on file.

Analysis Prepared by: Sarina Patel / E.M. / (916) 319-3802

 THIRD READING  

Bill No: SB 1152

Author: Limón (D)

Amended: 4/24/24

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 16-0, 4/23/24

AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Smallwood-Cuevas

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

SUBJECT: State Fire Marshal: fire safety: regulations: lithium-based battery systems

SOURCE: California Broadband & Video Association

California Chamber of Commerce

California Manufacturers & Technology Association

DIGEST:

This bill requires the State Fire Marshal (SFM), before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the California Building Standards Commission (CBSC) updates to the fire standards relating to battery systems and requires those requirements for lithium-based battery systems to be consistent with the requirements for lead-acid and nickel-cadmium batteries, as specified.

ANALYSIS:

Existing law:

1. The California Building Standards Law establishes the CBSC, within the Department of General Services (DGS), and requires the CBSC to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published every three years, as specified.
2. Requires the SFM to research and develop, and authorizes the SFM to propose to the CBSC, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as specified.

This bill:

1. Requires the SFM, before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the CBSC updates to the fire standards relating to requirements for lithium-based battery systems to support compliance with regulations adopted by the California Public Utilities Commission (CPUC) relating to 72-hour backup power requirements.
2. Specifies that the above described requirements for lithium-based battery systems shall be consistent with the requirements for lead-acid and nickel-cadmium batteries as described in existing regulations.

Background

Author’s Statement. According to the author’s office, “the State requires all wireline service providers to have backup power for 72 hours to their facilities in Tier 2 and Tier 3 High-Fire Threat Districts in California. This backup power is essential during emergencies and power outages so that communications equipment remains active, for residents and emergency responders. Broadband providers have complied with these requirements by utilizing diesel generators. Lithium based batteries have become a large part of moving towards energy resiliency and away from fossil fuels. This bill requires [California Department of Forestry and Fire Protection] Cal FIRE to update the fire code to allow lithium-based batteries to be an approved source for cleaner backup power, where it is appropriate.”

Rulemaking 18-03-011. In 2021, the CPUC adopted a decision requiring California wireline providers to develop comprehensive resiliency strategies to prepare for disasters and power outages (Rulemaking 18-03-011). As part of this decision, the CPUC required wireline and wireless service providers to provide backup power for 72 hours to their facilities in California’s Tier 2 and Tier 3 High-Fire Threat Districts.

The CPUC decision permits various methods of backup power, such as diesel and natural gas generators, and also directed wireline providers to explore ways to transition to renewable generation sources. Advancements in the battery industry have allowed for greater energy storage on a smaller physical footprint in the right of way. These batteries are a cleaner option of backup power for wireline providers, but existing fire code inhibits deployment due to clearance and setback requirements.

Current State Fire Code creates barriers to deploying lithium-based batteries for the 72-hour backup requirement. In order to utilize lithium-based batteries, each provider must receive a waiver from each local fire authority for each project. With the influx of broadband infrastructure projects on the horizon with the federal grant dollars, a statewide standard is needed.

Building Standards Code 2024 Triennial Code Adoption Cycle. The California Building Standards Code is the building code for California, and Title 24 of the California Code of Regulations. It is maintained by the CBSC, which is granted the authority to oversee processes related to the building standards codes by the California Building Standards Law. New editions of the California Building Standards Code are published every three years in a triennial cycle with supplemental information published during other years. Changes made to each edition are based on proposals made by state agencies. Proposals are presented to the CBSC and must provide thorough justification for proposed changes. Proposals go through multiple phases during the adoption.

The deadline for state agencies to submit International Association of Plumbing and Mechanical Officials, CalGreen and National Electrical Code changes to the CBSC was February 1, 2024. The International Code Council related code changes are due May 3, 2024. These code changes will result in the 2025 edition of the California Building Standards Code, Title 24 of the California Code of Regulations, effective January 1, 2026.

Chapter 12 (commencing with Section 1201.1) of Part 9 of Title 24 of the California Code of Regulations is the section of the California Fire Code related to energy systems. Chapter 12 was added to address standby and emergency power, portable generators, photovoltaic systems, fuel cell energy systems, and energy storage systems. With respect to requirements that specify that they apply to lead-acid and nickel-cadmium batteries, most of the provisions specify that they apply to lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that comply with NFPA 76, as specified. The fire code includes more stringent requirements for lithium-based chemistries (fire containment and suppression, explosion protection, etc.) because they present a higher fire risk than lead-acid and nickel-cadmium.

Lithium Based Batteries. Lithium-ion batteries are comprised of an anode, cathode, separator, electrolyte, and two current collectors (positive and negative). The anode and the cathode store the lithium. The electrolyte carries positively charged lithium ions from the anode to the cathode and vice versa through the separator. The movement of the lithium ions creates free electrons in the anode, which creates a charge at the positive current collector. The electrical current then flows from the current collector through a device being powered (cellphone, computer, etc.) to the negative current collector. The separator blocks the flow of electrons inside the battery.

Compared to other high-quality rechargeable battery technologies (nickel-cadmium, nickel-metal-hydride, or lead-acid), lithium batteries have a number of advantages. They have one of the highest energy densities of any commercial battery technology, approaching 300 watt-hours per kilogram (Wh/kg) compared to roughly 75 Wh/kg for alternative technologies. In addition, lithium-ion ells can deliver up to 3.6 volts, 1.5-3 times the voltage of alternatives, which makes them suitable for high-power applications like transportation. Lithium-ion batteries are comparatively low maintenance, and do not require scheduled cycling to maintain their battery life. High energy densities and long lifespans have made lithium-ion batteries the market leader in portable electronic devices and electrified transportation, including electric vehicles and jets.

Thermal Runaway. One of the primary risks related to lithium-ion batteries is thermal runaway. Thermal runaway is a phenomenon in which the lithium-ion cell enters an uncontrollable, self-heating state. Thermal runaway can result in extremely high temperatures, violent cell venting, smoke, and fire. Faults in a lithium-ion cell can result in a thermal runaway, and these faults can be caused by internal failure or external conditions.

One example of such internal failure is an internal short circuit. In a lithium-ion cell, the cathode and anode electrodes are physically separated by a component called the separator. Defects in the cell that compromise the separator’s integrity can cause an internal short circuit condition that can result in thermal runaway. This is especially likely in cells of poor quality.

External, off-nominal conditions can also cause thermal runaway. Some examples of off-nominal conditions include:

1. Overcharge: Can be due to incompatibility between cell and charger, or poorly designed battery management system (BMS).
2. Multiple over-discharges followed by charge: Discharging the cell or battery below the cell manufacturer-recommended lower voltage threshold multiple times, then charging the cell.
3. External short circuit.
4. High- and low-temperature environments.

Batteries are manufactured with controls intended to protect against off-nominal conditions. However, these conditions can lead to thermal runaway if the proper controls are not incorporated. Lithium-ion battery fire and explosion are triggered by the thermal runaway reactions inside the cell. Further, lithium-ion batteries stored near or next to another battery or batteries can set off a chain reaction, making an already tough fire to fight even worse. When they reach thermal runaway, lithium-ion battery fires can burn for hours or even days.

One such example occurred in Rancho Cordova, in June of 2022, when a Tesla Model S, which had been badly damaged in a collision was sitting in a wrecking yard and suddenly erupted in flames. When firefighters arrived the car was engulfed, according to the Sacramento Metropolitan Fire District, “[e]very time the blaze was momentarily extinguished, the car’s battery compartment reignited.” Eventually, the firefighters used a tractor to create a pit in the dirt, were able to get the car inside, and then filled the hole with water. That allowed the firefighters to submerge the battery pack and ultimately extinguish the fire, which burned hotter than 3,000 degrees and took more than an hour and 4,500 gallons of water to extinguish.

This bill requires the State Fire Marshal (SFM), before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the California Building Standards Commission (CBSC) updates to the fire standards relating to battery systems and requires those requirements for lithium-based battery systems to be consistent with the requirements for lead-acid and nickel-cadmium batteries, as specified.

Related/ Prior Legislation

SB 1271 (Min, 2024) would require, beginning January 1, 2026, electric bicycle, powered mobility device, or storage battery manufacturers or distributors to test said devices by an accredited testing laboratory for compliance with safety standards. This bill requires by January 1, 2028, similar testing for those who rent these devices. This bill also requires labeling electric bicycles capable of operating in multiple modes with the classification number of the highest class of which it is capable of operating. (Pending in the Senate Appropriations Committee)

SB 1431 (Cortese, 2024) would prohibit the SFM from having authority over the development of a project known as Spartan Village on the Paseo for use by San Jose State University for the purposes of fire or life safety activities if the owner of the building enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, as specified. (Never heard in the Senate Governmental Organization Committee)

AB 267 (Bauer-Kahan, Chapter 798, Statutes of 2023) revised flame retardant standards for fabric enclosures, such as tents to now: establish flame retardant regulations, as specified, must apply to a fabric enclosure, such as a tent, designed for 15 or more persons; provide exemptions for tents designed for children's play, camping, backpacking, or mountaineering; establish any tent for sale and designed for less than 15 persons must be made from flame retardant fabrics, as specified; and establish tents constructed with fabric entirely from synthetic fibers, be classified as being made from flame retardant fabrics or materials.

AB 835 (Lee, Chapter 345, Statutes of 2023) required the SFM to research standards for single-exit, single stairway apartment houses, with more than two dwelling units, in buildings above three stories.

AB 2322 (Wood, Chapter 284, Statutes of 2022) required the SFM to research and develop, and to propose to the CBSC, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as specified.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, Cal FIRE reports costs of $148,000 in the first year and $288,000 in year two and year three of implementation for two limited-term staff (Building Standards Administration Special Revolving Fund).

SUPPORT: (Verified 5/16/24)

California Broadband & Video Association (co-source)
California Chamber of Commerce (co-source)
California Manufacturers & Technology Association (co-source)
California Chapter National Emergency Number Association
California Environmental Voters
California Hispanic Chamber of Commerce
Chula Vista Chamber of Commerce
Clean Power Campaign
Coalition for Clean Air
Garden Grove Chamber of Commerce
Greater High Desert Chamber of Commerce
Greater Irvine Chamber of Commerce
Laguna Hills Chamber of Commerce
Laguna Niguel Chamber of Commerce
Long Beach Area Chamber of Commerce
Mission Viejo Chamber of Commerce
National City Chamber of Commerce
Oceanside Chamber of Commerce
Redondo Beach Chamber of Commerce
San Diego Regional Chamber of Commerce
San Pedro Chamber of Commerce
Santa Barbara South Coast Chamber of Commerce
Silicon Valley Leadership Group
Simi Valley Chamber of Commerce
South Bay Association of Chambers of Commerce
South Orange County Economic Coalition
Southwest California Legislative Council
TechNet
The Greater Coachella Valley Chamber of Commerce
Torrance Chamber of Commerce
Tri County Chamber Alliance
West Ventura County Business Alliance

OPPOSITION: (Verified 5/16/24)

None received

ARGUMENTS IN SUPPORT: In support of the bill, the sponsors jointly write that “[b]y directing the State Fire Marshal to update the state fire code to allow for greater deployment of lithium based batteries in the right of way wireline providers will be able to utilize another source of energy for backup power, in addition to providing a cleaner alternative to diesel and natural gas. Local fire authorities have begun to issue exemptions to allow for lithium-based batteries to be deployed, but a uniform statewide standard must be adopted to create continuity not only for county regulations but also for the wireline providers looking to standardize equipment and processes across their California footprint.”

Prepared by: Brian Duke / G.O. / (916) 651-1530

5/17/24 18:49:00

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 1152 (Limón) - State Fire Marshal: fire safety: regulations: lithium-based battery systems

Bill Summary:

SB 1152 requires the Office of the State Fire Marshal (OSFM) to propose to the California Building Standards Commission, updates to the fire standards for lithium-based battery systems, as specified.

Fiscal Impact:

• The California Department of Forestry and Fire Protection (CAL FIRE) reports costs of $148,000 in the first year and $288,000 in year two and year three of implementation for two limited-term staff (Building Standards Administration Special Revolving Fund).

Background:

The OSFM’s Fire and Life Safety Division is the main entity within CAL FIRE for the application of laws and regulations related to fire prevention, life safety, fire protection systems, and building construction and protection. This is achieved through code compliance inspections and plan review of State-owned and State-occupied buildings and institutions, as well as other types of occupancies under the jurisdiction of the OSFM. There is a direct relationship with the California Fire Service through their requests for assistance, training, and code interpretation as well as partnering in the code development process and the resolution to code related issues within the various jurisdictions.

The OSFM’s Code Development and Analysis Division reviews all of California's regulations relating to fire and life safety for relevancy, necessity, conflict, duplication, or overlap. This division also prepares the OSFM’s fire and life safety regulations and building standards for review and adoption by the California Building Standards Commission.

Proposed Law:

• Before the next triennial edition of the California Building Standards Codes adopted after January 1, 2025, requires the SFM to propose to the California Building Standards Commission updates to the fire standards related to requirements for lithium-based battery systems to support compliance with regulations adopted by the Public Utilities Commission relating to 72-hour backup power requirements.
  • Specifies requirements for lithium-based battery systems to be consistent with the requirements for lead-acid and nickel-cadmium batteries.

Staff Comments:

CAL FIRE’s anticipated personnel needs are broken down as follows:

• 1.0 Research Data Specialist I – to perform research for battery-related regulatory packages and complete Economic and Fiscal Impact Statements as required by OSFM code packages. CAL FIRE notes that due to the complex analytic work required to support regulatory updates, specialized staff is required.
• 1.0 Office Technician – to oversee and manage communications between stakeholders, organize and assist hearing and workgroup meetings, and provide other administrative support.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2023 - 2024 Regular

Bill No: 1152 Hearing Date: 4/23/2024

SUBJECT: State Fire Marshal: fire safety: regulations: lithium-based batteries

DIGEST: This bill requires the State Fire Marshal (SFM), before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the California Building Standards Commission (CBSC) updates extending the existing requirements for lead-acid and nickel-cadmium battery systems to include lithium-based batteries, as specified.

ANALYSIS:

Existing law:

1. The California Building Standards Law establishes the CBSC, within the Department of General Services (DGS), and requires the CBSC to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published every three years, as specified.
2. Requires the SFM to research and develop, and authorizes the SFM to propose to the CBSC, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as specified.

This bill:

1. Requires the SFM, before the next triennial edition of the California Building Standards Code adopted after January 1, 2025, to propose to the CBSC updates to the fire standards relating to requirements for lead-acid and nickel-cadmium batteries to include requirements for lithium-based batteries, as specified.
2. Specifies that the requirements for lithium-based batteries shall be identical to the requirements for lead-acid and nickel-cadmium batteries as described in existing regulations.
3. States the intent of the Legislature that the SFM, when complying with this bill, include no additional requirements, other than the ones described in the bill, in the updated battery requirement regulations.

Background

Author Statement. According to the author’s office, “the State requires all wireline service providers to have backup power for 72 hours to their facilities in Tier 2 and Tier 3 High-Fire Threat Districts in California. This backup power is essential during emergencies and power outages so that communications equipment remains active, for residents and emergency responders. Broadband providers have complied with these requirements by utilizing diesel generators. Lithium based batteries have become a large part of moving towards energy resiliency and away from fossil fuels. This bill requires Cal FIRE to update the fire code to allow lithium-based batteries to be an approved source for cleaner backup power, where it is appropriate.”

Rulemaking 18-03-011. In 2021, the California Public Utilities Commission (CPUC) adopted a decision requiring California wireline providers to develop comprehensive resiliency strategies to prepare for disasters and power outages (Rulemaking 18-03-011). As part of this decision, the CPUC required wireline and wireless service providers to provide backup power for 72 hours to their facilities in California’s Tier 2 and Tier 3 High-Fire Threat Districts.

The CPUC decision permits various methods of backup power, such as diesel and natural gas generators, and also directed wireline providers to explore ways to transition to renewable generation sources. Advancements in the battery industry have allowed for greater energy storage on a smaller physical footprint in the right of way. These batteries are a cleaner option of backup power for wireline providers, but existing fire code inhibits deployment due to clearance and setback requirements.

Current State Fire Code creates barriers to deploying lithium-based batteries for the 72-hour backup requirement. In order to utilize lithium-based batteries, each provider must receive a waiver from each local fire authority for each project. With the influx of broadband infrastructure projects on the horizon with the federal grant dollars, a statewide standard is needed.

Building Standards Code 2024 Triennial Code Adoption Cycle. The California Building Standards Code is the building code for California, and Title 24 of the California Code of Regulations. It is maintained by the CBSC, which is granted the authority to oversee processes related to the building standards codes by the California Building Standards Law. New editions of the California Building Standards Code are published every three years in a triennial cycle with supplemental information published during other years. Changes made to each edition are based on proposals made by state agencies. Proposals are presented to the CBSC and must provide thorough justification for proposed changes. Proposals go through multiple phases during the adoption.

The deadline for state agencies to submit International Association of Plumbing and Mechanical Officials, CalGreen and National Electrical Code changes to the CBSC was February 1, 2024. The International Code Council related code changes are due May 3, 2024. These code changes will result in the 2025 edition of the California Building Standards Code, Title 24 of the California Code of Regulations, effective January 1, 2026.

Chapter 12 (commencing with Section 1201.1) of Part 9 of Title 24 of the California Code of Regulations is the section of the California Fire Code related to energy systems. Chapter 12 was added to address standby and emergency power, portable generators, photovoltaic systems, fuel cell energy systems, and energy storage systems. With respect to requirements that specify that they apply to lead-acid and nickel-cadmium batteries, most of the provisions specify that they apply to lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that comply with NFPA 76, as specified. The fire code includes more stringent requirements for lithium-based chemistries (fire containment and suppression, explosion protection, etc.) because they present a higher fire risk than lead-acid and nickel-cadmium.

Lithium Based Batteries. Lithium-ion batteries are comprised of an anode, cathode, separator, electrolyte, and two current collectors (positive and negative). The anode and the cathode store the lithium. The electrolyte carries positively charged lithium ions from the anode to the cathode and vice versa through the separator. The movement of the lithium ions creates free electrons in the anode,which creates a charge at the positive current collector. The electrical current then flows from the current collector through a device being powered (cellphone, computer, etc.) to the negative current collector. The separator blocks the flow of electrons inside the battery.

Compared to other high-quality rechargeable battery technologies (nickel-cadmium, nickel-metal-hydride, or lead-acid), lithium batteries have a number of advantages. They have one of the highest energy densities of any commercial battery technology, approaching 300 watt-hours per kilogram (Wh/kg) compared to roughly 75 Wh/kg for alternative technologies. In addition, lithium-ion ells can deliver up to 3.6 volts, 1.5-3 times the voltage of alternatives, which makes them suitable for high-power applications like transportation. Lithium-ion batteries are comparatively low maintenance, and do not require scheduled cycling to maintain their battery life. High energy densities and long lifespans have made lithium-ion batteries the market leader in portable electronic devices and electrified transportation, including electric vehicles and jets.

Thermal Runaway. One of the primary risks related to lithium-ion batteries is thermal runaway. Thermal runaway is a phenomenon in which the lithium-ion cell enters an uncontrollable, self-heating state. Thermal runaway can result in extremely high temperatures, violent cell venting, smoke, and fire. Faults in a lithium-ion cell can result in a thermal runaway, and these faults can be caused by internal failure or external conditions.

One example of such internal failure is an internal short circuit. In a lithium-ion cell, the cathode and anode electrodes are physically separated by a component called the separator. Defects in the cell that compromise the separator’s integrity can cause an internal short circuit condition that can result in thermal runaway. This is especially likely in cells of poor quality.

External, off-nominal conditions can also cause thermal runaway. Some examples of off-nominal conditions include:

1. Overcharge. Can be due to incompatibility between cell and charger, or poorly designed battery management system (BMS).
2. Multiple over-discharges followed by charge. Discharging the cell or battery below the cell manufacturer-recommended lower voltage threshold multiple times, then charging the cell.
3. External short circuit.
4. High- and low-temperature environments.

Batteries are manufactured with controls intended to protect against off-nominal conditions. However, these conditions can lead to thermal runaway if the proper controls are not incorporated. Lithium-ion battery fire and explosion are triggered by the thermal runaway reactions inside the cell. Further, lithium-ion batteries stored near or next to another battery or batteries can set off a chain reaction, making an already tough fire to fight even worse. When they reach thermal runaway, lithium-ion battery fires can burn for hours or even days.

One such example occurred in Rancho Cordova, in June of 2022, when a Tesla Model S, which had been badly damaged in a collision was sitting in a wrecking yard and suddenly erupted in flames. When firefighters arrived the car was engulfed, according to the Sacramento Metropolitan Fire District, “[e]very time the blaze was momentarily extinguished, the car’s battery compartment reignited.” Eventually, the firefighters used a tractor to create a pit in the dirt, were able to get the car inside, and then filled the hole with water. That allowed the firefighters to submerge the battery pack and ultimately extinguish the fire, which burned hotter than 3,000 degrees and took more than an hour and 4,500 gallons of water to extinguish.

Suggested Amendment. As currently drafted, this bill requires the SFM to propose updates to the CBSC that include requirements for lithium-based batteries that are identical to the existing requirements for lead-acid and nickel-cadmium batteries. Further, this bill states the intent of the Legislature that the SFM, when complying with this bill, include no additional requirements, other than the ones described in this bill, in the updated battery requirement regulations. Further, as drafted this bill applies to lithium-based batteries throughout the state, not just to those batteries utilized to comply with the CPUC 72-hour backup requirement.

As discussed above, lithium batteries can present unique challenges to first responders and firefighters when thermal runaway occurs. As such, the committee may wish to amend the bill to narrow the applicability to the specific 72-hour battery backup use cases and to grant the SFM flexibility in making proposed updates to the Building Standards Code by requiring the standards be consistent with the existing requirements for lead-acid and nickel-cadmium batteries and remove the prohibition on the bill preventing the SFM from including any additional requirements on lithium-based systems.

13110.3. The State Fire Marshal shall, before the next triennial edition of the California Building Standards Codes (Title 24 of the California Code of Regulations) adopted after January 1, 2025, propose to the California Building Standards Commission updates to the fire standards described in Chapter 12 (commencing with Section 1201.1) of Part 9 of Title 24 of the California Code of Regulations relating to requirements for lead-acid and nickel-cadmium batteries to include requirements for lithium-ion lithium-based battery systems to support compliance with the PUC 72- hour backup power requirements. These requirements for lithium-ion lithium-based battery systems shall be consistent with the requirements for lead-acid and nickel-cadmium batteries as described in the existing regulations. It is the intent of the Legislature that the State Fire Marshal, when complying with this section, include no additional requirements, other than the ones described in this section, in the updated battery requirement regulations.

Prior/Related Legislation

SB 1271 (Min, 2024) requires, beginning January 1, 2026, electric bicycle, powered mobility device, or storage battery manufacturers or distributors to test said devices by an accredited testing laboratory for compliance with safety standards. This bill requires by January 1, 2028, similar testing for those who rent these devices. This bill also requires labeling electric bicycles capable of operating in multiple modes with the classification number of the highest class of which it is capable of operating. (Pending in the Senate Governmental Organization Committee)

SB 1431 (Cortese, 2024) prohibits the SFM from having authority over the development of a project known as Spartan Village on the Paseo for use by San Jose State University for the purposes of fire or life safety activities if the owner of the building enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, as specified. (Pending in the Senate Governmental Organization Committee)

AB 267 (Bauer-Kahan, Chapter 798, Statutes of 2023) revised flame retardant standards for fabric enclosures, such as tents to now: establish flame retardant regulations, as specified, must apply to a fabric enclosure, such as a tent, designed for 15 or more persons; provide exemptions for tents designed for children's play, camping, backpacking, or mountaineering; establish any tent for sale and designed for less than 15 persons must be made from flame retardant fabrics, as specified; and establish tents constructed with fabric entirely from synthetic fibers, be classified as being made from flame retardant fabrics or materials.

AB 835 (Lee, Chapter 345, Statutes of 2023) requires the SFM to research standards for single-exit, single stairway apartment houses, with more than two dwelling units, in buildings above three stories.

AB 2322 (Wood, Chapter 284, Statutes of 2022) requires the SFM to research and develop, and to propose to the CBSC, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones, as specified.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

CalChamber (Co-source)

California Broadband & Video Association (Co-source)

California Manufacturers & Technology Association (Co-source)

California Chapter National Emergency Number Association

California Environmental Voters

California Hispanic Chamber of Commerce

Chula Vista Chamber of Commerce

Clean Power Campaign

Coalition for Clean Air

Garden Grove Chamber of Commerce

Greater High Desert Chamber of Commerce

Laguna Hills Chamber of Commerce

Laguna Niguel Chamber of Commerce

Mission Viejo Chamber of Commerce

Oceanside Chamber of Commerce

Redondo Beach Chamber of Commerce

San Diego Regional Chamber of Commerce

San Pedro Chamber of Commerce

Santa Barbara South Coast Chamber of Commerce

Simi Valley Chamber of Commerce

South Bay Association of Chamber of Commerce

Torrance Chamber of Commerce

West Ventura County Business Alliance

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: The sponsors of the bill write that the “[CPUC} adopted a decision requiring California wireline providers to develop comprehensive resiliency strategies to prepare for disasters and power outages (Rulemaking 18-03-011). As part of this decision, the PUC required wireline and wireless service providers to provide backup power for 72 hours to their facilities in California Tier 2 and Tier 3 High-Fire Threat Districts.”

Further, the “CPUC decision permits various methods of backup power, such as diesel and natural gas generators, and directed wireline providers to explore ways to transition to renewable generation sources. Advancements in the battery industry have allowed for greater energy storage on a smaller physical footprint in the right of way. These batteries are a cleaner source of backup power for wireline providers, but existing fire code inhibits deployment due to clearance and setback requirements.”

Finally, “[b]y directing the SFM to update the state fire code to allow for greater deployment of lithium based batteries in the right of way wireline providers will be able to utilize another source of energy for backup power, in addition to providing a cleaner alternative to diesel and natural gas. Local fire authorities have begun to issue exemptions to allow for lithium-based batteries to be deployed, but a uniform statewide standard must be adopted to create continuity not only for county regulations but also for the wireline providers looking to standardize equipment and processes across their California footprint.”