A new Assembly Bill aims to restore local oversight for battery energy storage system (BESS) projects in California.
“It returns local control to the local permitting process, whether it be an accounting facility or city facility," said Norm Williams, a Morro Bay resident. "They are the ones that will be making those decisions."
Assembly Bill 303 comes amid growing concerns following the recent fire at the battery energy storage system facility in Moss Landing last week.
“I just feel bad that it happened," said Williams. "That’s what it took for politicians to take a closer look at battery energy storage systems."
The current law allows energy storage companies to get approval at the state level, bypassing local jurisdiction, as Vistra is actively working to do with their BESS proposal at the old Morro Bay power plant.
“I don’t think a big operation like that should be in a town like this,” said Jenifer Rescola, a San Luis Obispo resident.
Assemblymember Dawn Addis is hoping to change the current law and stated, “AB 303 is a proactive measure that will ensure companies like Vistra go through the normal, local, regulatory process. It is designed to build trust, increase safety, and give communities a choice, by restoring local community processes for permitting these projects.”
“Everybody, every politician in California is on notice that their citizens are very concerned about this new evolving technology,” Williams said.
If passed, the bill would require local engagement in the permitting process for BESS facilities.
“People care about their communities,” said Rescola.
The bill would also require an environmental setback requirement of 3,200 feet for sensitive areas including schools, hospitals, and natural habitats.
“The Moss Landing facility was the world’s largest, and it was a 300MW BESS facility," said Williams. "The one they are proposing in Morro Bay is two times the size of that. It would be right next to the estuary, high school, bay, mammals, and natural habitat. Everything AB 303 says you cannot do."
KSBY reached out to Vistra for comment but has not heard back at this time as it is a Saturday.
On Thursday, Vistra said on their response page that they are having an assistance program for those affected by the Moss Landing fire.
A two-thirds vote would be required for Assembly Bill 303 to pass.
