Existing law authorizes the State Fire Marshal to make changes as may be necessary to standardize all existing fire protective equipment throughout the state.

This bill would require, until January 1, 2031, the State Fire Marshal, in consultation with the Division of Occupational Safety and Health, to develop a working group with specified membership to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires. The bill would require, at a minimum, the working group to review, and for the purpose of making the recommendations to consider, the latest personal protective equipment to limit exposure to lithium and other heavy metals, technology to clean personal protective equipment, whether different types of personal protective equipment should be used for different types of lithium-ion battery fires, and current decontamination practices at the fire scene, as specified. The bill would require the recommendations to be submitted to the Legislature on or before September 1, 2026.

Existing law authorizes the State Fire Marshal to make changes as may be necessary to standardize all existing fire protective equipment throughout the state.

This bill would require, until January 1, 2031, the State Fire Marshal, in consultation with the Division of Occupational Safety and Health, to develop a working group with specified membership to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires. The bill would require, at a minimum, the working group to review, and for the purpose of making the recommendations to consider, the latest personal protective equipment to limit exposure to lithium and other heavy metals, technology to clean personal protective equipment, whether different types of personal protective equipment should be used for different types of lithium-ion battery fires, and current decontamination practices at the fire scene, as specified. The bill would require the recommendations to be submitted to the Legislature on or before September 1, 2026.

Existing law authorizes the State Fire Marshal to make changes as may be necessary to standardize all existing fire protective equipment throughout the state.

This bill would require require, until January 1, 2031, the State Fire Marshal, in consultation with the Division of Occupational Safety and Health, to develop a working group with specified membership to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires. The bill would require, at a minimum, the working group to review, and for the purpose of making the recommendations to consider, the latest personal protective equipment to limit exposure to lithium and other heavy metals, technology to clean personal protective equipment, whether different types of personal protective equipment should be used for different types of lithium-ion battery fires, and current decontamination practices at the fire scene, as specified. The bill would require the recommendations to be submitted to the Legislature on or before September 1, 2026.

Existing law authorizes the State Fire Marshal to make changes as may be necessary to standardize all existing fire protective equipment throughout the state.

This bill would require the State Fire Marshal, in consultation with the Division of Occupational Safety and Health, to develop a working group with specified membership to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires. The bill would require, at a minimum, the working group to review, and for the purpose of making the recommendations to consider, the latest personal protective equipment to limit exposure to lithium and other heavy metals, technology to clean personal protective equipment, whether different types of personal protective equipment should be used for different types of lithium-ion battery fires, and current decontamination practices at the fire scene, as specified. The bill would require the recommendations to be submitted to the Legislature on or before September 1, 2026.

Existing law authorizes the State Fire Marshal to make changes as may be necessary to standardize all existing fire protective equipment throughout the state.

This bill would require the State Fire Marshal, in consultation with the Division of Occupational Safety and Health, to develop a working group with specified membership to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires. The bill would require, at a minimum, the working group to review, and for the purpose of making the recommendations to consider, the latest personal protective equipment to limit exposure to lithium and other heavy metals, technology to clean personal protective equipment, whether different types of personal protective equipment should be used for different types of lithium-ion battery fires, and current decontamination practices at the fire scene, as specified. The bill would require the recommendations to be submitted to the Legislature on or before September 1, 2026.

Existing law generally regulates the conduct of private businesses, including by providing for licensing by cities, counties, and the state, and by preserving and regulating competition.

This bill would declare the intent of the Legislature to enact legislation relating to battery storage requirements for private businesses.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 841

Author:(Patel)

As Amended Ver:August 29, 2025

Majority vote

SUMMARY

1) Requires the State Fire Marshal (SFM) to develop, in consultation with the Division of Occupational Safety and Health (Cal/OSHA), a working group to make recommendations regarding personal protective equipment used in responding to lithium-ion batteries.

2) Requires the working group to include members of the State Board of Fire Services (Board), academia, health and safety experts, a representative from Cal/OSHA, and a labor organization representing the utility workforce, as determined by the SFM.

3) Requires the working group to review and, for the purposes of making recommendations, to consider specified equipment, technology, and practices, as defined.

4) Requires the recommendations developed pursuant to this bill be delivered to the Legislature no later than September 1, 2026, as specified.

5) Includes a repeal date on the above reporting requirement of January 1, 2030, and includes a repeal date for this statute of January 1, 2031.

Senate Amendments

1. Adds a sunset date for this statute and associated reported requirement.
2. Adds a representative from Cal/OSHA to the working group.
3. Modifies legislative findings and declarations related to lithium-ion battery fires in Orange County in 2021 and Otay Mesa in 2024.

COMMENTS

Firefighting remains one of the Nation's most hazardous professions: According to the Administrator of the United States Fire Administration, "Fire is a public health and safety problem of great proportions, and firefighting remains one of the Nation's most hazardous professions. On average there are more than 1.2 million structure fires, nearly 3,000 deaths, thousands of injuries, and scores of individuals displaced annually from fires. Although disasters such as fires can affect everyone, fires can also exacerbate pre-existing challenges in underserved communities across the country. These impacts are further compounded by poor implementation and enforcement of national building codes and fire risks associated with technology that make fires more common, more intense, and more destructive. These challenges pose heightened risks to the public and to first responders who safeguard our communities, and the challenge continues to evolve. For example, emerging technologies like Lithium-ion (Li-ion) powered devices and harmful chemicals including polyfluoroalkyl substances (PFAS) introduce new and continued risks to our communities and firefighters."

Lithium-ion Batteries and Risk of 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. Lithium-ion battery fires and explosions are triggered by the thermal runaway reactions inside the cell and, when 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.

Lithium-ion batteries and PFAS: Lithium-ion batteries are used globally as a key component of clean and sustainable energy infrastructure, and emerging Lithium-ion battery technologies have incorporated a class of per- and polyfluoroalkyl substances (PFAS) known as bis-perfluoroalkyl sulfonimides (bis-FASIs). PFAS are recognized internationally as recalcitrant contaminants, a subset of which are known to be mobile and toxic, but little is known about environmental impacts of bis-FASIs released during Lithium-ion battery manufacture, use, and disposal.

Growth of Battery Storage in California and Projected Need: Over the past several years, the deployment of battery storage systems has grown significantly in California, growing from 500 megawatts (MW) in 2019 to over 13,300 MW statewide in 2024. According to the CPUC, "Battery storage systems are one of the key technologies California relies on to enhance reliability and reduce dependency on polluting fossil fuel plants. Battery storage systems soak up clean energy in the daytime when the sun is shining, store that electricity, and then export it to the grid in the evening hours when the sun is down. In 2024, California made historic progress in clean energy deployment. The state brought more than 7,000 MW online—the largest amount in a single year in California's history. This includes over 4,000 MW of new battery storage. California's current installed battery storage capacity is over 20% of California's peak demand. The state's projected need for battery storage capacity is estimated at 52,000 MW by 2045."

The Vistra Fire Incident at Moss Landing Power Plant: On January 16, 2025, a fire started at the Vistra Battery Energy Storage Facility and soon engulfed the Phase 1 battery energy storage building on the grounds of the Moss Landing Power Plant. The massive fire and thermal runaway event burned for days, destroyed tens of thousands of lithium-ion batteries, and resulted in shelter-in place and evacuation orders. Prior to the Vistra Fire, there had been three safety incidents at separately owned battery energy storage facilities located at the Moss Landing Power Plant, which occupies one of the largest battery energy storage systems.

According to the Author

Our state has made great strides toward utilizing electricity and batteries over fossil fuels. As such, lithium-ion battery storage systems have proliferated and California has the most amount of utility-scale battery storage facilities and electric cars, second only to China. While positive in many ways, this battery expansion has also come with unintended consequences, as the recent fire in Moss Landing—among others—demonstrated. Our firefighters are there to fight the fire to the best of their ability and keep our communities safe from further spread. But their current Personal Protective Equipment (PPE) and decontamination procedures have not been updated with this new form of fire that is becoming more common. As a result, they are exposed to toxic metals and semi-volatile organic compounds, exposing them to cancer and other serious health risks. To safeguard firefighters' health amid the rapid expansion of lithium-ion battery use, California urgently needs updated PPE and more effective decontamination procedures.

Arguments in Support

The California Professional Firefighters write, "There has been a recent spate of incidents involving lithium-ion batteries and energy storage systems (ESS). These incidents have been increasing in frequency and severity and have resulted in widespread community impacts, severe toxic exposures, and the injuries of our members as they respond to try and mitigate the damage. It is necessary to take a critical look at the standards surrounding firefighter health and safety issues when responding to these fires. The dangers of lithium-ion battery fires cannot be understated, both to the safety personnel responding to them as well as to the surrounding communities."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, "the Department of Industrial Relations, which houses OSHA, notes costs of approximately $169,000 in the first year and $157,000 ongoing to consult with the SFM and participate in the working group (Occupational Safety and Health Fund). The California Department of Forestry and Fire Protection, which houses the SFM, anticipates the fiscal impact to convene the working group to be absorbable."

VOTES:

ASM EMERGENCY MANAGEMENT: 7-0-0

YES: Ransom, Hadwick, Arambula, Bains, Bennett, Calderon, DeMaio

ASM LABOR AND EMPLOYMENT: 7-0-0

YES: Ortega, Flora, Chen, Elhawary, Kalra, Lee, Ward

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ABS, ABST OR NV: Sanchez

ASSEMBLY FLOOR: 79-0-0

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

UPDATED

VERSION: August 29, 2025

CONSULTANT: Mike Dayton / E.M. / (916) 319-3802 FN: 0001550

 THIRD READING  

Bill No: AB 841

Author: Patel (D), et al.

Amended: 8/29/25 in Senate

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 15-0, 7/8/25

AYES: Padilla, Valladares, Archuleta, Ashby, Blakespear, Cervantes, Dahle, Hurtado, Jones, Ochoa Bogh, Richardson, Rubio, Smallwood-Cuevas, Wahab, Weber Pierson

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25

AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab

ASSEMBLY FLOOR: 79-0, 6/2/25 - See last page for vote

SUBJECT: State Fire Marshal: personal protective equipment: battery fires

SOURCE: California Professional Firefighters

DIGEST:

This bill requires the State Fire Marshal (SFM), in consultation with the Division of Occupational Safety and Health (Cal/OSHA), to develop a working group to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires, as specified.

ANALYSIS:

Existing law:

1. Authorizes the SFM to make changes as may be necessary to standardize all existing fire protective equipment throughout the state.
2. Provides that any report required or requested by law be submitted by a state or local agency to a committee of the Legislature or the Members of either house of the Legislature generally, to instead be submitted as a printed copy to the Secretary of the Senate, as an electronic copy to the Chief Clerk of the Assembly, and as an electronic or printed copy to the Legislative Counsel, as specified.

This bill:

1. Requires the SFM to develop, in consultation with Cal/OSHA, a working group to make recommendations regarding personal protective equipment used in responding to lithium-ion batteries.
2. Requires the working group to include members of the State Board of Fire Services (Board), academia, health and safety experts, a representative from the Division of Occupational Safety and Health, and labor organization representing the utility workforce, as determined by the SFM.
3. Requires the working group to review, and for the purposes of making recommendations to consider specified equipment, technology, and practices, as defined.
4. Requires the recommendations developed pursuant to this bill be delivered to the Legislature no later than September 1, 2026, as specified.
5. Includes a repeal date on the above reporting requirement of January 1, 2030, and includes a repeal date for this statute of January 1, 2031.

Background

Author Statement. According to the author’s office, “our state has made great strides toward utilizing electricity and batteries over fossil fuels. As such, lithium-ion battery storage systems have proliferated and California has the most amount of utility-scale battery storage facilities and electric cars, second only to China. While positive in many ways, this battery expansion has also come with unintended consequences, as the recent fire in Moss Landing—among others—demonstrated. Our firefighters are there to fight the fire to the best of their ability and keep our communities safe from further spread. But their current Personal Protective Equipment (PPE) and decontamination procedures have not been updated with this new form of fire that is becoming more common. As a result, they are exposed to toxic metals and semi-volatile organic compounds, exposing them to cancer and other serious health risks. To safeguard firefighters’ health amid the rapid expansion of lithium-ion battery use, California urgently needs updated PPE and more effective decontamination procedures.”

Division of Occupational Safety and Health. Cal/OSHA protects and improves the health and safety of working men and women in California and the safety of passengers riding on elevators, amusement rides, and tramways – through the following activities: setting and enforcing standards; providing outreach, education, and assistance; issuing permits, licenses, certifications, registrations, and approvals. Cal/OSHA provides free safety and health assistance to employers, with the goal of preventing occupational injuries and illness.

Dangers of Firefighting. As noted in the Assembly Emergency Management Committee analysis of this bill, and according to the Administrator of the United States Fire Administration, “fire is a public health and safety problem of great proportions, and firefighting remains one of the Nation’s most hazardous professions. On average there are more than 1.2 million structure fires, nearly 3,000 deaths, thousands of injuries, and scores of individuals displaced annually from fires. Although disasters such as fires can affect everyone, fires can also exacerbate pre-existing challenges in underserved communities across the country.

These impacts are further compounded by poor implementation and enforcement of national building codes and fire risks associated with technology that make fires more common, more intense, and more destructive. These challenges pose heightened risks to the public and to first responders who safeguard our communities, and the challenge continues to evolve. For example, emerging technologies like Lithium-ion (Li-ion) powered devices and harmful chemicals including polyfluoroalkyl substances (PFAS) introduce new and continued risks to our communities and firefighters.”

Lithium-ion 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.

Risk of 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. Lithium-ion battery fires and explosions are triggered by the thermal runaway reactions inside the cell and, when 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.

Reports to the Legislature. State or local agencies required to file reports with the Legislature must submit a printed copy to the Secretary of the Senate, an electronic copy to the Chief Clerk of the Assembly, and an electronic or printed copy to the Office of Legislative Counsel. The Assembly and Senate each compile a list of reports received. The public may access and search agency reports by keywords, agency, authority type, recipient, or due date online at www.agencyreports.ca.gov.

An article in CalMatters from December of last year titled “most reports ordered by California’s Legislature this year are shown as missing,” noted that at the time, of the 867 reports due between January 1 and December 9 of 2024, “84% have not been filed to the Office of Legislative Counsel.” Further, of the “16% that were submitted – 138 reports – 68 were filed late. Another 344 reports are due by Dec. 31.” The article notes that the “data is in line with previous CalMatters reporting that found 70% of about 1,1000 reports due between February 2023 and February 2024 had not been filed to the Office of Legislative Counsel. About half of those that were filed were late.”

Working Group. This bill requires the SFM, in consultation with Cal/OSHA, to develop a working group to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires. This bill requires the working group to included members of the State Board of Fire Services, academia, health and safety experts, a representative from the Division of Occupational Safety and Health, and a labor organization representing the utility workforce, as determined by the SFM.

This bill requires the working group to review, and for the purposes of making recommendations to consider, at a minimum, all of the following:

• 1. The latest personal protective equipment to limit exposure to lithium and other heavy metals when responding to fires where lithium-ion batteries are present.
  2. Technology to clean personal protective equipment after response to a lithium-ion battery fire.
  3. Whether different types of personal protective equipment should be used for different types of lithium-ion battery fires, including large scale battery energy storage facilities, home-based battery energy storage facilities, and electric vehicles that have lithium-ion batteries.
  4. Current decontamination practices at the fire scene to reduce exposures and potential negative health consequences.

Related/Prior Legislation

SB 283 (Laird, 2025) establishes the Clean Energy Safety Act of 2025 by requiring energy storage systems authorized by the California Energy Commission or a local jurisdiction to comply with new fire safety standards and inspection requirements. (Pending on the Assembly Floor)

AB 696 (Ransom, 2025) requires the Director of the Office of Emergency Services (OES) to convene the Lithium-Ion Car Battery Advisory Group to review, and advise the Legislature on policies pertaining to the safety and management of lithium-ion vehicle batteries involved in an emergency situation, as specified. (Pending on the Senate Floor)

AB 1285 (Committee on Emergency Management, 2025) requires the SFM, in consultation with OES, to develop fire prevention, response, and recovery measures for utility grade lithium-ion battery storage facilities, as specified. (Pending on the Senate Floor)

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

According to the Senate Appropriations Committee, the Department of Industrial Relations, which houses OSHA, notes costs of approximately $169,000 in the first year and $157,000 ongoing to consult with the SFM and participate in the working group (Occupational Safety and Health Fund).

The California Department of Forestry and Fire Protection, which houses the SFM, anticipates the fiscal impact to convene the working group to be absorbable.

SUPPORT: (Verified 8/29/25)

California Professional Firefighters (Source)

City of Laguna Niguel

City of San Marcos

Orange County Fire Authority

OPPOSITION: (Verified 8/29/25)

None received

ARGUMENTS IN SUPPORT: In support of the bill, the California Professional Firefighters write that, “[t]he dangers of lithium-ion battery fires cannot be understated, both to the safety personnel responding to them as well as to the surrounding communities. In 2021, a firefighter sustained irreversible injuries while responding to a fire at a facility storing and refurbishing vehicle batteries in Orange County. Tragically, they were forced to initiate a disability retirement due to the extent of their injuries, underscoring the dangers these fires present to our members. On May 15, 2024, a fire at an ESS facility in Otay Mesa burned for 8 days, releasing lethal levels of hydrogen cyanide and prompting a ‘shelter-in-place’ order for nearby residents. On January 16, 2025, a fire at one of the world’s largest ESS facilities in Moss Landing triggered evacuations and forced the closure of Highway 1. And a mere 10 days later on January 26, 2025, Long Beach firefighters responded to a structure fire involving numerous lithium-ion battery packs for vehicles, exposing the responding firefighters to toxic gases that may have long-term effects on their health.”

Further, “AB 841 directs the Office of the State Fire Marshal, in consultation with Cal-OSHA, to establish a working group, to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires and strategies to mitigate post-fire health impacts on firefighters. The working group is required to review issues and make recommendations on appropriate personal protective equipment used in response to these fires, best practices for decontamination after a fire incident, and most appropriate tools for cleaning PPE after an incident.”

ASSEMBLY FLOOR: 79-0, 6/2/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

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

9/2/25 18:08:38

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

AB 841 (Patel) - State Fire Marshal: personal protective equipment: battery fires

Bill Summary:

AB 841 requires the State Fire Marshal (SFM), in consultation with the Division of Occupational Safety and Health (OSHA), to develop a working group to make recommendations regarding personal protective equipment (PPE) used in responding to lithium-ion battery fires, as specified.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 29, 2025

Fiscal Impact:

• The Department of Industrial Relations, which houses OSHA, notes costs of approximately $169,000 in the first year and $157,000 ongoing to consult with the SFM and participate in the working group (Occupational Safety and Health Fund).
• The California Department of Forestry and Fire Protection, which houses the SFM, anticipates the fiscal impact to convene the working group to be absorbable.

Author Amendments:

• Specify the working group include a representative from OSHA.
• Add a sunset date of January 1, 2031.
• Add Senator Rubio as a coauthor.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

AB 841 (Patel) - State Fire Marshal: personal protective equipment: battery fires

Bill Summary:

AB 841 requires the State Fire Marshal (SFM), in consultation with the Division of Occupational Safety and Health (OSHA), to develop a working group to make recommendations regarding personal protective equipment (PPE) used in responding to lithium-ion battery fires, as specified.

Fiscal Impact:

• The Department of Industrial Relations notes costs of approximately $169,000 in the first year and $157,000 ongoing to consult with the SFM and participate in the working group (Occupational Safety and Health Fund).
• The California Department of Forestry and Fire Protection anticipates the fiscal impact to convene the working group to be absorbable.

Background:

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. Lithium-ion battery fires and explosions are triggered by the thermal runaway reactions inside the cell and, when 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.

Proposed Law:

• Requires the SFM, in consultation with OSHA, to develop a working group to make recommendations regarding personal protective equipment (PPE) used in responding to lithium-ion battery fires.
  • Requires the working group to include members of the State Board of Fire Services, academia, health and safety experts, and a labor organization representing the utility workforce.
  • Requires the working group to review PPE to limit exposure to lithium and heavy metals when responding to fires when lithium-ion battery fires are present; technology to clean PPE after response to lithium-ion battery fires; whether different types of PPE should be used for different types of lithium-ion battery fires; and current decontamination practices.
• Requires the working group’s recommendations to be delivered to the Legislature by September 1, 2026.
• States legislative findings and declarations.
• Sunsets the working group’s reporting requirements on January 1, 2030.

Related Legislation:

AB 1285 (Committee on Emergency Management, 2025) requires the SFM to develop fire prevention, response, and recovery measures for utility grade lithium-ion battery storage facilities that include best practices for the health and safety of emergency services personnel and timely and accurate information sharing with local emergency managers and public safety agencies regarding incidents. AB 1285 is pending in this committee.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 841

Author:(Patel)

As Amended Ver:April 21, 2025

Majority vote

SUMMARY

Requires the State Fire Marshal, in consultation with the Division of Occupational Safety and Health (Cal/OSHA), to convene a working group to make recommendations regarding personal protective equipment (PPE) used in responding to lithium-ion battery fires, and provide a report with recommendations to the Legislature by September 1, 2026.

Major Provisions

1) Requires the State Fire Marshal to develop, in consultation with Cal/OSHA, a working group to make recommendations regarding PPE used in responding to lithium-ion battery fires.

2) Requires the working group to include members of the State Board of Fire Services, academia, health and safety experts, and a labor organization representing the utility workforce, as determined by the State Fire Marshal.

3) Requires the working group to review, and for the purpose of making recommendations to consider, at a minimum, all of the following:

(a) The latest PPE to limit exposure to lithium and other heavy metals when responding to fires where lithium-ion batteries are present.

(b) Technology to clean PPE after response to a lithium-ion battery fire.

(c) Whether different types of PPE should be used for different types of lithium-ion battery fires, including large scale battery energy storage facilities, home-based battery energy storage facilities, and electric vehicles that have lithium-ion batteries.

(d) Current decontamination practices at the fire scene to reduce exposures and potential negative health consequences.

4) Requires the recommendations developed by the working group to be delivered to the Legislature no later than September 1, 2026, and sunsets this reporting requirement on January 1, 2030, as specified.

COMMENTS

Firefighting remains one of the Nation’s most hazardous professions: According the Administrator of the United States Fire Administration, ‘Fire is a public health and safety problem of great proportions, and firefighting remains one of the Nation’s most hazardous professions. On average there are more than 1.2 million structure fires, nearly 3,000 deaths, thousands of injuries, and scores of individuals displaced annually from fires. Although disasters such as fires can affect everyone, fires can also exacerbate pre-existing challenges in underserved communities across the country. These impacts are further compounded by poor implementation and enforcement of national building codes and fire risks associated with technology that make fires more common, more intense, and more destructive. These challenges pose heightened risks to the public and to first responders who safeguard our communities, and the challenge continues to evolve. For example, emerging technologies like Lithium-ion (Li-ion) powered devices and harmful chemicals including polyfluoroalkyl substances (PFAS) introduce new and continued risks to our communities and firefighters."

Lithium-ion 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. 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.

Risk of 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. Lithium-ion battery fires and explosions are triggered by the thermal runaway reactions inside the cell and, when 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.

According to the Author

"Our state has made great strides toward utilizing electricity and batteries over fossil fuels. As such, lithium-ion battery storage systems have proliferated and California has the most amount of utility-scale battery storage facilities and electric cars, second only to China. While positive in many ways, this battery expansion has also come with unintended consequences, as the recent fire in Moss Landing—among others—demonstrated. Our firefighters are there to fight the fire to the best of their ability and keep our communities safe from further spread. But their current Personal Protective Equipment (PPE) and decontamination procedures have not been updated with this new form of fire that is becoming more common. As a result, they are exposed to toxic metals and semi-volatile organic compounds, exposing them to cancer and other serious health risks. To safeguard firefighters’ health amid the rapid expansion of lithium-ion battery use, California urgently needs updated PPE and more effective decontamination procedures."

Arguments in Support

The California Professional Firefighters write, "There has been a recent spate of incidents involving lithium-ion batteries and energy storage systems (ESS). These incidents have been increasing in frequency and severity and have resulted in widespread community impacts, severe toxic exposures, and the injuries of our members as they respond to try and mitigate the damage. It is necessary to take a critical look at the standards surrounding firefighter health and safety issues when responding to these fires. The dangers of lithium-ion battery fires cannot be understated, both to the safety personnel responding to them as well as to the surrounding communities."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations, "1) Costs of an unknown, but potentially significant amount, in excess of $150,000, to the SFM to establish the working group, coordinate meetings and discussion topics, and provide recommendations within nine months (General Fund). 2) Costs of an unknown, but potentially absorbable, amount to Cal/OSHA to consult with the SFM on working group development. Although costs for a state agency to consult with another agency are usually minor, existing law requires the Occupational Safety and Health Standards Board (OSHSB) to review, every five years, revisions to the National Fire Protection Association standards pertaining to PPE to determine whether the revisions provide a greater degree of protection than OSHSB’s safety orders regarding firefighter PPE. In light of this expertise, Cal/OSHA may have a greater role in the working group."

VOTES

ASM EMERGENCY MANAGEMENT: 7-0-0

YES: Ransom, Hadwick, Arambula, Bains, Bennett, Calderon, DeMaio

ASM LABOR AND EMPLOYMENT: 7-0-0

YES: Ortega, Flora, Chen, Elhawary, Kalra, Lee, Ward

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ABS, ABST OR NV: Sanchez

UPDATED

VERSION: April 21, 2025

CONSULTANT: Mike Dayton / E.M. / (916) 319-3802 FN: 0000628

Date of Hearing: May 7, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 841

Author:(Patel) – As Amended Ver:April 21, 2025

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

SUMMARY:

This bill requires the State Fire Marshal (SFM) to develop a working group to make recommendations regarding personal protective equipment (PPE) used when responding to a lithium-ion battery fire.

Specifically, this bill requires the SFM to consult with the Division of Occupational Safety and Health (Cal/OSHA) to develop a working group with specified membership, including members of the State Board of Fire Services, to make recommendations regarding PPE used when responding to a lithium-ion battery fire. The working group must review certain topics, such as technology to clean PPE and whether different types of PPE should be used to respond to different types of lithium-ion battery fires, and deliver recommendations to the Legislature by September 1, 2026.

FISCAL EFFECT:

1. Costs of an unknown, but potentially significant amount, in excess of $150,000, to the SFM to establish the working group, coordinate meetings and discussion topics, and provide recommendations within nine months (General Fund).
2. Costs of an unknown, but potentially absorbable, amount to Cal/OSHA to consult with the SFM on working group development. Although costs for a state agency to consult with another agency are usually minor, existing law requires the Occupational Safety and Health Standards Board (OSHSB) to review, every five years, revisions to the National Fire Protection Association standards pertaining to PPE to determine whether the revisions provide a greater degree of protection than OSHSB’s safety orders regarding firefighter PPE. In light of this expertise, Cal/OSHA may have a greater role in the working group.

COMMENTS:

1. Purpose. The author contends that “battery expansion has also come with unintended consequences, as the recent fire in Moss Landing – among others – demonstrated” and firefighters’ “current [PPE] and decontamination procedures have not been updated with this new form of fire that is becoming more common.” According to the author, these updates are urgently needed “[t]o safeguard firefighters’ health amid the rapid expansion of lithium-ion battery use.” This bill is sponsored by the California Professional Firefighters.
2. Lithium-ion Battery Fires. One of the primary risks related to lithium-ion batteries, which are increasingly common in portable electronic devices and electrified transportation, is thermal runaway. Thermal runaway is a phenomenon where the lithium-ion cell enters an uncontrollable, self-heating state, which can result in extremely high temperatures, violent cell venting, smoke, and fire. A lithium-ion battery fire can burn for hours, or even days, until all the flammable chemicals in the battery are consumed by the combustion reaction.

On January 16, 2025, a fire started at the Vistra Battery Energy Storage Facility and engulfed the battery energy storage building at the Moss Landing Power Plant. The thermal runaway event and fire burned for days, destroying tens of thousands of lithium-ion batteries and resulting in shelter-in-place and evacuation orders for the neighboring community. This bill requires the SFM to develop a working group to make recommendations regarding PPE used by firefighters when responding to this new type of fire.

1. Related Legislation. AB 588 (Patel) requires the SFM to convene a lithium battery working group to identify safety issues associated with lithium batteries and related charging infrastructure. AB 588 is pending hearing by this committee.

AB 1181 (Haney) requires the OSHSB to modify OSHSB’s existing safety order regarding firefighter PPE to eliminate the use of perfluoroalkyl and polyfluoroalkyl substances. AB 1181 is pending hearing by this committee.

AB 1285 (Committee on Emergency Management) requires the SFM to consult with the Office of Emergency Services to develop fire prevention, response, and recovery measures for utility-grade lithium-ion battery storage facilities. AB 1285 is pending on this committee’s suspense file.

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

Date of Hearing: April 23, 2025

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Liz Ortega, Chair

ABPCA Bill Id:AB 841 (

Author:Patel) – As Amended Ver:April 21, 2025

SUBJECT: State Fire Marshal: personal protective equipment: battery fires

SUMMARY: Requires the State Fire Marshal, in consultation with the Division of Occupational Safety and Health (Cal/OSHA), to convene a working group to make recommendations regarding personal protective equipment (PPE) used in responding to lithium-ion battery fires, and provide a report with recommendations to the Legislature by September 1, 2026. Specifically, this bill:

1. Requires the State Fire Marshal to develop, in consultation with Cal/OSHA, a working group to make recommendations regarding PPE used in responding to lithium-ion battery fires.
2. Requires the working group to include members of the State Board of Fire Services, academia, health and safety experts, and a labor organization representing the utility workforce, as determined by the State Fire Marshal.
3. Requires the working group to review, and for the purpose of making recommendations to consider, at a minimum, all of the following:
   1. The latest PPE to limit exposure to lithium and other heavy metals when responding to fires where lithium-ion batteries are present.
   2. Technology to clean PPE after response to a lithium-ion battery fire.
   3. Whether different types of PPE should be used for different types of lithium-ion battery fires, including large scale battery energy storage facilities, home-based battery energy storage facilities, and electric vehicles that have lithium-ion batteries.
   4. Current decontamination practices at the fire scene to reduce exposures and potential negative health consequences.
4. Requires the recommendations developed by the working group to be delivered to the Legislature no later than September 1, 2026, and sunsets this reporting requirement on January 1, 2030, as specified.
5. Makes related findings and declarations.

EXISTING LAW:

1. Establishes the State Fire Marshal, within the Department of Forestry and Fire Protection (Cal FIRE), to foster, promote and develop ways and means of protecting life and property against fire and panic. Health and Safety Code § 13100-13100.1.
2. Establishes Cal/OSHA within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. Labor Code § 6300 et seq.
3. Establishes the Occupational Safety and Health Standards Board (standards board) within the DIR and grants the standards board exclusive authority to adopt occupational and health standards within the state. Labor Code § 140 et seq.
4. Requires the standards board, in consultation with the DIR, every five years, as specified, to review all revisions to National Fire Protection Association (NFPA) standards pertaining to PPE covered by specified safety orders. Labor Code § 147.4(c).
5. Requires that, if the review described in 4) above finds the revisions provide a greater degree of personal protection than the safety orders, standards board must consider modifying existing safety orders and render a decision regarding changing safety orders or other standards and regulations to maintain alignment of the safety orders with the NFPA standards no later than July 1 of the subsequent year. Labor Code § 147.4(c).

FISCAL EFFECT: Unknown

COMMENTS: According to the author, “Our state has made great strides toward utilizing electricity and batteries over fossil fuels. As such, lithium-ion battery storage systems have proliferated and California has the most amount of utility-scale battery storage facilities and electric cars, second only to China. While positive in many ways, this battery expansion has also come with unintended consequences, as the recent fire in Moss Landing—among others—demonstrated.

Our firefighters are there to fight the fire to the best of their ability and keep our communities safe from further spread. But their current Personal Protective Equipment (PPE) and decontamination procedures have not been updated with this new form of fire that is becoming more common. As a result, they are exposed to toxic metals and semi-volatile organic compounds, exposing them to cancer and other serious health risks.

To safeguard firefighters’ health amid the rapid expansion of lithium-ion battery use, California urgently needs updated PPE and more effective decontamination procedures.”

The author adds that “AB 841 promotes equity by protecting the health and safety of all firefighters—particularly those serving in under-resourced departments and frontline communities. Firefighters face escalating risks from toxic exposure during lithium-ion battery fires, yet current PPE and decontamination protocols fall short. This disproportionally affects departments with limited budgets that may not have access to advanced equipment or specialized training. By requiring a working group to develop statewide recommendations, AB 841 ensures that all fire agencies—regardless of size, location, or funding—benefit from updated safety standards. In line with the intent of HR 39 (Gipson, 2021), this bill advances environmental justice and workplace equity by prioritizing the health of first responders who serve on the frontlines of both public safety and climate-driven hazards.”

Proliferation of lithium-ion battery fires:

In 2024, the San Francisco Standard reviewed every fire that the San Francisco Fire Department responded to that was associated with a rechargeable battery and found that battery-involved fires in San Francisco have more than tripled in recent years.^[1]

Similarly, news reports state that, in 2023, San Diego Fire-Rescue logged 104 lithium-battery fires – nearly double the number from the previous year.^[2]

In 2023, lithium-ion batteries became the leading cause of fire deaths in New York City. They are also now a factor in half of the nation’s trash-truck load fires.^[3]

Examples of recent large-scale fires throughout the state and their varied causes underscores the need for this bill:

• On May 15, 2024, a fire started in an Otay Mesa battery energy storage facility and burned for 11 days, releasing lethal levels of hydrogen cyanide and prompting a shelter-in-place order for nearby residents.
• On January 16, 2025, a fire at one of the world’s largest energy storage facilities in Moss Landing burned for 11 days, forcing evacuations and the closure of Highway 1.
• In September 2024, the ports of Los Angeles and Long Beach were forced to shut container terminals due to a fire caused when a truck carrying lithium-ion batteries overturned. The blaze continued until the batteries burned out.

Difficulty of containment:

The length of these fires highlights the difficulty of containment. According to the NFPA, there are three main hazards from lithium-ion fires that make them so hard to control:

• “Thermal runaway is the uncontrollable self-heating of a battery cell. It begins when the heat generated within a battery exceeds the amount of heat that can be dissipated to its surroundings.”
• “The gasses that are released from battery energy storage systems are highly flammable and toxic. The type of gas released depends on the battery chemistry involved but typically includes gases such as: carbon monoxide, carbon dioxide, hydrogen, methane, ethane, and other hydrocarbons. If the gas is able to reach its lower explosive limit before finding an ignition source then there is the potential for an explosion.”
• “Stranded energy is the term used for when a battery has no safe way of discharging its stored energy. This commonly occurs after an [Energy Storage System] fire has been extinguished and the battery terminals have been damaged.”^[4]

Health and environmental risks:

In addition, these fires pose health and environmental dangers. Nearby residents and firefighters responding to these blazes are exposed to toxic gases that could have long-term effects on their health.

Lithium-ion battery fires release a numerous toxic gases, including hydrogen fluoride, which can cause severe lung injuries and respiratory distress, skin burns and eye irritation. In addition, hydrogen fluoride, among other gases, can lead to systemic poisoning, affecting multiple organs. Other metals and chemicals released, such as cobalt and lithium, can potentially lead to neurological disorders if exposure is significant.^[5]

According to the author and sponsor, “In 2021, a firefighter sustained irreversible injuries while responding to a fire at a battery storage facility in Orange County. Tragically, they were forced to retire due to the extent of their injuries, underscoring the dangers these fires present to our members.”

Inadequacy of current firefighter PPE:

The Texas A&M Engineering Extension Service recently conducted a series of tests to determine how current firefighter PPE holds up against the contaminants produced by lithium-ion battery fires. The tests concluded that the highly toxic gases and particles released by these fires exceed the Occupational Safety and Health Administration-permissible exposure limits. The tests also found that the current NFPA standard for water-based PPE cleaning removed nearly all of the metallic particles in the gear, and the liquid CO2 cleaning method removed almost all of the metallic particles. However, some semi-volatile organic compounds remained in the gear after water-based cleaning, and several metals remained in the gear regardless of the cleaning method that was used.^[6]

Committee Comments:

The standards board within the DIR has the exclusive authority to adopt occupational and health standards within the state. Furthermore, enforcement of firefighter PPE standards is handled by Cal/OSHA. Therefore, Committee staff recommends that the author consider granting a bigger role to Cal/OSHA in convening and deciding membership of the working group.

Arguments in Support

The California Professional Firefighters, sponsor of this measure, state that “Firefighting is already one of the most dangerous and demanding jobs imaginable. Those who answer the call to serve their communities put their mental and physical health on the line every time they respond to an incident, risking a known range of injuries and illnesses to serve the public. Firefighters carry a 14% higher risk of dying of cancer than the general population. This risk is so great that the International Agency for Research on Cancer (IARC) has classified occupational exposure as a firefighter as a Group 1 known human carcinogen.

These cancer risks come from innumerable sources, including circadian rhythm disruption, smoke inhalation, exposure to toxic chemicals and substances, and many more. Every day on the job represents a new set of exposures to these known risks.

While firefighters stand ready to respond to and at-tempt to contain fires involving lithium-ion batteries, more can be done to ensure that we are collectively working to mitigate risks to firefighter health and safety. Recent incidents have shown that health impacts can be catastrophic for firefighters exposed on these fires. While that direct challenge is in front of us, it is also highly likely that long term health complications can come from repeated exposure to these incidents.”

Arguments in Opposition

None on file.

Prior and Related Legislation

AB 303 (Addis) of 2025 would, among other things, prohibit the authorization of a development project that includes a battery energy storage system capable of storing 200 megawatthours or more of energy if the development project is located within 3,200 feet of a sensitive receptor or is located on an environmentally sensitive site, as specified. Pending before the Assembly Utilities and Energy Committee.

AB 434 (DeMaio) of 2025 would prohibit, until January 1, 2028, a public agency from authorizing the construction of a battery energy storage facility, as defined; would require the State Fire Marshal, on or before January 1, 2028, to adopt guidelines and minimum standards for the construction of a battery energy storage facility to prevent fires and protect nearby communities from any fire hazard posed by the facility; and would require a public agency, when authorizing the construction of a battery energy storage facility on or after January 1, 2028, to require the facility to meet the guidelines and minimum standards adopted by the State Fire Marshal or more stringent guidelines and minimum standards as determined appropriate by the public agency. Pending before the Assembly Utilities and Energy Committee.

AB 588 (Patel) of 2025 would require the State Fire Marshal to convene a lithium battery working group, composed of specified members selected by the State Fire Marshal, to identify those safety issues associated with lithium batteries and associated charging infrastructure installed or used near or within residential or commercial occupancies, as specified, and to recommend potential solutions that will enhance building safety for the State Fire Marshal and other impacted agencies to consider, as provided. Pending before the Assembly Emergency Management Committee.

AB 589 (Gallagher) of 2025 would prohibit the Occupational Safety and Health Standards Board (standards board) from adopting a safety order or regulation that requires firefighter PPE used exclusively by certain fire districts to be replaced more frequently than once every 15 years unless the board finds the PPE is unsafe due to wear and tear, poses an immediate safety hazard, or contains perfluoroalkyl and polyfluoroalkyl (PFAS) substances or any other currently known hazardous material. Pending before this Committee.

AB 696 (Ransom) of 2025 would establish the Lithium-Ion Car Battery Advisory Group within the California Environmental Protection Agency. Pending before the Assembly Appropriations Committee.

AB 1181 (Haney) of 2025 would require the standards board within the DIR to modify its existing safety order regarding firefighter PPE by January 1, 2027, to eliminate the use of PFAS and other regrettable substitutes, as provided. Pending before the Assembly Appropriations Committee.

AB 1285 (Committee on Emergency Management) of 2025 would require the State Fire Marshal, in consultation with the Office of Emergency Services, to develop fire prevention, response, and recovery measures for utility grade lithium-ion battery storage facilities, as specified. Pending before the Assembly Appropriations Committee.

SB 234 (Niello) of 2025 would direct Cal FIRE, the Governor’s Office of Emergency Services, and the Department of Toxic Substances Control to form a workgroup to establish best practices and recommendations, and study and consider ways to prevent, avoid, and mitigate exposure to heavy metals after a wildfire, as provided. Pending before the Senate Environmental Quality Committee.

SB 283 (Laird) of 2025 would, among other things, require the California Building Standards Commission and the State Fire Marshal to review and consider the most recently published edition of the NFPA 855, Standard for the Installation of Stationary Energy Storage Systems, for incorporation into the next update of the California Building Standards Code adopted after July 1, 2026; also would require an application submitted to the Energy Commission in accordance with the above-described provisions relating to certification of facilities by the Energy Commission, and an application submitted to a local jurisdiction for an energy storage management system, to include the applicant’s certification that the facility has been designed in accordance with the most recently published edition of the NFPA 855, Standard for the Installation of Stationary Energy Storage Systems. Pending before the Senate Energy, Utilities and Communications Committee.

AB 2408 (Haney) of 2024 would have prohibited the manufacture, sale, distribution, or purchase of any firefighter PPE containing intentionally added PFAS chemicals, as provided, and would have required that the standards board update its firefighter PPE standards to include PFAS-free turnout gear. Died in the Senate Appropriations Committee.

SB 38 (Laird), Chapter 377, Statutes of 2023 requires each battery energy storage facility located in the state, and subject to specified safety requirements, to have an emergency response plan and emergency action plan that covers the premises of the battery energy storage facility.

REGISTERED SUPPORT / OPPOSITION:

Support

California Professional Firefighters (Sponsor)

Opposition

None on file.

Analysis Prepared by: Erin Hickey / L. & E. /

1. Koehn, Josh and Noah Baustin. (2024) “San Francisco e-scooters are bursting into flames. Lawmakers want action.” The San Francisco Standard. https://sfstandard.com/2024/01/09/san-francisco-e-scooter-bike-battery-fires-legislation/ ↑

2. Kucher, Karen. (2024) “Meet San Diego's lithium-ion battery fire expert.” San Diego Union-Tribune. https://www.sandiegouniontribune.com/2024/09/22/with-more-lithium-ion-batteries-comes-more-fire-risk-san-diego-now-has-an-expert-for-that/ ↑

3. Nelson, Laura. (2025). “How L.A. removed 1 million pounds of flammable lithium-ion batteries from its burn zones.” Los Angeles Times. https://www.latimes.com/california/story/2025-04-09/l-a-fire-cleanup-what-to-do-with-1-million-pounds-of-highly-flammable-lithium-ion-batteries ↑

4. Maize, Kennedy. (2024) “Big Calif. battery storage facility fire burns for 11 days.” Energy Central. https://energycentral.com/c/um/big-calif-battery-storage-facility-fire-burns-11-days ↑

5. Narine, Randy. (2024) “A growing safety concern: Health hazards of lithium-ion battery fires.” Canadian Firefighter Magazine. https://www.cdnfirefighter.com/a-growing-safety-concern-health-hazards-of-lithium-ion-battery-fires/ ↑

6. Texas A&M Engineering Extension Service. (2024) “TEEX Initiates Tests on First Responder PPE Exposed to Lithium-Ion Battery Fires.” https://teex.org/news/teex-initiates-tests-on-first-responder-ppe-exposed-to-lithium-ion-battery-fires/ ↑

Date of Hearing: April 7, 2025

ASSEMBLY COMMITTEE ON EMERGENCY MANAGEMENT

Rhodesia Ransom, Chair

ABPCA Bill Id:AB 841 (

Author:Patel) – As Amended Ver:March 24, 2025

SUBJECT: State Fire Marshal: personal protective equipment: battery fires

SUMMARY: Requires the State Fire Marshal to develop, in consultation with the Division of Occupational Safety and Health, a working group to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires, as specified. Specifically, this bill:

1. Requires the State Fire Marshal to develop, in consultation with the Division of Occupational Safety and Health, a working group to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires.
2. Requires the working group to include members of the State Board of Fire Services, academia, and health and safety experts, as determined by the State Fire Marshal.
3. Requires the working group to review, and for the purpose of making recommendations shall consider, at a minimum, all of the following:
4. The latest personal protective equipment to limit exposure to lithium and other heavy metals when responding to fires where lithium-ion batteries are present;
5. Technology to clean personal protective equipment after responding to a lithium-ion battery fire;
6. Whether different types of personal protective equipment should be used for different types of lithium-ion battery fires, including large scale battery energy storage facilities, home-based battery energy storage facilities, and electric vehicles that have lithium-ion batteries; and
7. Current decontamination practices at the fire scene to reduce exposures and potential negative health consequences.
8. Requires the working group recommendations be delivered to the Legislature no later than September 1, 2026.
9. Sunsets the requirement for submitting a report to the Legislature on January 1, 2030.
10. Makes legislative findings and declarations related to the prevalence of cancer among firefighters, fires involving lithium-ion batteries in California, and the complexity and intensity of lithium-ion battery fires.

EXISTING LAW:

1. Establishes the State Fire Marshal (SFM), within the Department of Forestry and Fire Protection (Cal FIRE), to foster, promote and develop ways and means of protecting life and property against fire and panic. (Health and Safety Code Sections 13100-13100.1)
2. Grants the CPUC with regulatory authority over public utilities, including electrical corporations. (Public Utilities Code Section 701)
3. Authorizes the CPUC, after a hearing, to require every public utility to construct, maintain, and operate its line, plant, system, equipment, apparatus, tracks, and premises in a manner so as to promote and safeguard the health and safety of its employees, passengers, customers, and the public. (Public Utilities Code Section 768)
4. Requires the CPUC, as part of the Public Utilities Act, to implement and enforce standards for the maintenance and operation of facilities for the generation and storage of electricity owned by an electrical corporation or located in the state to ensure their reliable operation. (Public Utilities Code Section 761.3)
5. Requires an application to the California Energy Commission for the operation of an energy facility to include, amongst other things, safety & reliability information about the facility for emergency operations. (Public Resources Code 25520)
6. Requires the California Energy Commission (CEC) to undertake various actions to support the state’s clean energy and pollution reduction goals, including implementing the Long-Duration Energy Storage Program by providing financial incentives for projects to deploy innovative energy storage systems to the electrical grid for purposes of providing critical capacity and grid services. (Public Resources Code Section 25640)
7. Authorizes the California Occupational Safety and Health Standards (Cal/OSHA) Board within the Department of Industrial Relations (DIR) to establish by an affirmative vote of at least four members (from a total of seven), to adopt, amend or repeal occupational safety and health standards and orders. Requires Cal/OSHA to adopt standards that are as effective as the federal standards, as specified. Also establishes that Cal/OSHA is the only agency in the state authorized to adopt occupational safety and health standards. (Labor Code Section 142.3)
8. Requires every employer to furnish employment and a place of employment that is safe and healthful for the employees, including requiring an injury prevention plan. (Labor Code Section 6401)

FISCAL EFFECT: Unknown. This bill has not been analyzed by a fiscal committee.

COMMENTS:

Purpose of the bill: According the author, “Our state has made great strides toward utilizing electricity and batteries over fossil fuels. As such, lithium-ion battery storage systems have proliferated and California has the most amount of utility-scale battery storage facilities and electric cars, second only to China. While positive in many ways, this battery expansion has also come with unintended consequences, as the recent fire in Moss Landing—among others—demonstrated. Our firefighters are there to fight the fire to the best of their ability and keep our communities safe from further spread. But their current Personal Protective Equipment (PPE) and decontamination procedures have not been updated with this new form of fire that is becoming more common. As a result, they are exposed to toxic metals and semi-volatile organic compounds, exposing them to cancer and other serious health risks. To safeguard firefighters’ health amid the rapid expansion of lithium-ion battery use, California urgently needs updated PPE and more effective decontamination procedures.”

Equity Impact: According to the author’s staff, “Firefighters face many threats of danger while protecting property and lives. It is the state’s duty to mitigate the harms they face, where feasible, and the expansion of dangers present in lithium-ion battery fires that PPEs either cannot sufficiently protect against or have cleaned off is a danger that firefighters should not have to grapple with.”

Background

Firefighting remains one of the Nation’s most hazardous professions: According the Administrator of the United States Fire Administration, ‘Fire is a public health and safety problem of great proportions, and firefighting remains one of the Nation’s most hazardous professions. On average there are more than 1.2 million structure fires, nearly 3,000 deaths, thousands of injuries, and scores of individuals displaced annually from fires. Although disasters such as fires can affect everyone, fires can also exacerbate pre-existing challenges in underserved communities across the country. These impacts are further compounded by poor implementation and enforcement of national building codes and fire risks associated with technology that make fires more common, more intense, and more destructive. These challenges pose heightened risks to the public and to first responders who safeguard our communities, and the challenge continues to evolve. For example, emerging technologies like Lithium-ion (Li-ion) powered devices and harmful chemicals including polyfluoroalkyl substances (PFAS) introduce new and continued risks to our communities and firefighters.”

Lithium-ion 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. 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.

Risk of 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. Lithium-ion battery fires and explosions are triggered by the thermal runaway reactions inside the cell and, when 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.

Lithium-ion batteries and PFAS: Lithium-ion batteries are used globally as a key component of clean and sustainable energy infrastructure, and emerging Lithoum-ion battery technologies have incorporated a class of per- and polyfluoroalkyl substances (PFAS) known as bis-perfluoroalkyl sulfonimides (bis-FASIs). PFAS are recognized internationally as recalcitrant contaminants, a subset of which are known to be mobile and toxic, but little is known about environmental impacts of bis-FASIs released during Lithium-ion battery manufacture, use, and disposal.

Growth of Battery Storage in California and Projected Need: Over the past several years, the deployment of battery storage systems has grown significantly in California, growing from 500 megawatts (MW) in 2019 to over 13,300 MW statewide in 2024. According to the CPUC, “Battery storage systems are one of the key technologies California relies on to enhance reliability and reduce dependency on polluting fossil fuel plants. Battery storage systems soak up clean energy in the daytime when the sun is shining, store that electricity, and then export it to the grid in the evening hours when the sun is down. In 2024, California made historic progress in clean energy deployment. The state brought more than 7,000 MW online—the largest amount in a single year in California’s history. This includes over 4,000 MW of new battery storage. California’s current installed battery storage capacity is over 20 percent of California’s peak demand. The state’s projected need for battery storage capacity is estimated at 52,000 MW by 2045.”

The Vistra Fire Incident at Moss Landing Power Plant: On January 16, 2025, a fire started at the Vistra Battery Energy Storage Facility and soon engulfed the Phase 1 battery energy storage building on the grounds of the Moss Landing Power Plant. The massive fire and thermal runaway event burned for days, destroyed tens of thousands of lithium-ion batteries, and resulted in shelter-in place and evacuation orders. Prior to the Vistra Fire, there had been three safety incidents at separately owned battery energy storage facilities located at the Moss Landing Power Plant, which occupies one of the largest battery energy storage systems.

SB 1383 (Huseo) and CPUC’s General Order 167: Given California’s growing reliance on lithium-ion battery storage systems and recent safety issues at one of the state’s largest lithium-ion battery storage facilities, SB 1383 (Hueso, Chapter 725, Statutes of 2022) expanded the CPUC Generating Asset Owner (GAO) operation and maintenance standards, contained in General Order (GO) 167-B to oversight of energy storage systems, not just electric generation facilities, including systems owned by third-parties.

On March 15, 2025, the California Public Utilities Commission modified General Order 167, which provides a method to implement and enforce maintenance and operation standards for electric generating facilities, in order to add new safety standards for the maintenance and operation of battery energy storage systems, as required by SB 1383. The CPUC also made explicit that battery storage facility owners must develop emergency response and emergency action plans, as required by SB 38. In addition, the CPUC made other technical updates to the standards to improve safety, reliability, and effectiveness of operation and maintenance activities, such as establishing technical logbook standards for battery storage systems, and expanding requirements for emergency plans that relate to all electric generating facilities.

Arguments in support: The California Professional Firefighters write, “There has been a recent spate of incidents involving lithium-ion batteries and energy storage systems (ESS). These incidents have been increasing in frequency and severity and have resulted in widespread community impacts, severe toxic exposures, and the injuries of our members as they respond to try and mitigate the damage. It is necessary to take a critical look at the standards surrounding firefighter health and safety issues when responding to these fires. The dangers of lithium-ion battery fires cannot be understated, both to the safety personnel responding to them as well as to the surrounding communities.”

Related legislation: AB 303 (Addis) Prohibit the authorization of a development project that includes a battery energy storage system capable of storing 200 megawatthours or more of energy if the development project is located within 3,200 feet of a sensitive receptor or is located on an environmentally sensitive site, as specified. (Pending in the Assembly Committee on Utilities and Energy)

AB 434 (DeMaio) Prohibits, until January 1, 2028, a public agency from authorizing the construction of a battery energy storage facility, as defined and requires the State Fire Marshal to adopt guidelines and minimum standards for the construction of a battery energy storage facility to prevent fires and protect nearby communities from any fire hazard posed by the facility, as specified. (Pending in the Assembly Committee on Utilities and Energy)

AB 588 (Patel) Requires the State Fire Marshal to convene a lithium battery working group to identify those safety issues associated with lithium batteries and associated charging infrastructure, as specified. (Pending in the Assembly Committee on Emergency Management)

AB 615 (Davies) Requires applications filed with the State Energy Resources Conservation and Development Commission for certification of a site and related facility which includes an electric transmission line or thermal power plant, or both, to contain an emergency response and action plan that incorporates impacts to the surrounding areas, as specified. (Set to be heard in the Assembly Committee on Emergency Management on April 7, 2025)

AB 696 (Ransom) of this Session. Requires the California Environmental Protection Agency to convene a Lithium-Ion Car battery Advisory Group to review and advice the Legislature on policies on handling and disposing of lithium-ion vehicle batteries. (Pending in the Assembly Committee on Appropriations)

AB 1285 (Committee on Emergency Management) Requires the State Fire Marshal, in consultation with the Office of Emergency Services, to develop fire prevention, response, and recovery measures for utility grade lithium-ion battery storage facilities, as specified. (Set to be heard in the Assembly Committee on Emergency Management on April 7, 2025)

SB 283 (Laird) Require the CPUC and the Office of the State Fire Marshal to review and consider the most recently published edition of the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems, for incorporation into the next update of the California Building Standards Code adopted after July 1, 2026. (Pending in Senate Energy, Utilities and Communications Committee)

Prior legislation: SB 38 (Laird, Chapter 377, Statutes of 2023) required each battery energy storage facility in the state and subject to regulation by the California Public Utilities Commission to have an emergency response and emergency action plan that covers the premise of the battery energy storage facility.

SB 1383 (Hueso, Chapter 725, Statutes of 2022) expanded the CPUC’s safety oversight of electric generating facilities to encompass energy storage facilities.

AB 2514 (Skinner, Chapter 469, Statutes of 2010) required the CPUC to determine appropriate targets for load serving entities to procure energy storage systems.

REGISTERED SUPPORT / OPPOSITION:

Support

California Professional Firefighters

Opposition

None on file.

Analysis Prepared by: Mike Dayton / E.M. / (916) 319-3802