Amended IN Senate March 20, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 283Introduced by Senator LairdFebruary 05, 2025 An act to amend Section 761.3 of add Section 18944.22 to the Health and Safety Code, to add Sections 25545.15 and 25545.16 to the Public Resources Code, and to add Chapter 10 (commencing with Section 8500) to Division 4.1 of the Public Utilities Code, relating to energy. LEGISLATIVE COUNSEL'S DIGESTSB 283, as amended, Laird. Battery energy storage facilities: emergency response plans and emergency action plans. Energy storage systems.Existing law, the California Building Standards Law, establishes the California Building Standards Commission (commission) within the Department of General Services and sets forth its powers and duties, including approval and adoption of building standards and codification of those standards into the California Building Standards Code. Existing law requires 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.This bill would require the commission 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.Existing law authorizes a person proposing an eligible facility, including an energy storage system that is capable of storing 200 megawatthours or more of energy, to file with the State Energy Resources Conservation and Development Commission (Energy Commission) an application for certification for the site and related facility, as provided. Existing law provides that the certification issued by the Energy Commission is in lieu of any permit, certificate, or similar document required by a state, local, or regional agency for the use of the site and related facility.Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law requires the PUC to direct the states 3 largest electrical corporations to file applications for programs and investments to accelerate widespread deployment of distributed energy storage systems for specified purposes and authorizes the PUC to approve, or modify and approve, programs and investments of an electrical corporation in distributed energy storage systems with appropriate energy storage management systems, as defined.This bill would require 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 applicants certification that the facility has been designed in accordance with the NFPA 855, Standard for the Installation of Stationary Energy Storage Systems, and, at least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the facility or system is proposed, as provided. The bill would also prohibit the approval of those applications unless the local jurisdiction requires as a condition of approval that the system be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with NFPA 855, that after installation is complete, but before commencing operations, the system be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal, and that the applicant bear the cost of the inspection. By imposing additional duties on local officers, the bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission 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. Existing law requires each battery energy storage facility located in the state and subject to those standards to have an emergency response plan and an emergency action plan, as specified.This bill would make a nonsubstantive change to the requirement that those battery energy storage facilities have emergency response plans and emergency action plans.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 18944.22 is added to the Health and Safety Code, to read:18944.22. The commission and the Office of the State Fire Marshal shall 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 code adopted after July 1, 2026.SEC. 2. Section 25545.15 is added to the Public Resources Code, to read:25545.15. In an application for an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, submitted in accordance with this chapter, the applicant shall certify both of the following:(a) The facility has been designed in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the facility is proposed and discussed the facility design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.SEC. 3. Section 25545.16 is added to the Public Resources Code, to read:25545.16. The commission shall not certify an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, pursuant to this chapter, unless both of the following requirements are satisfied:(a) The facility shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.(b) After installation is complete, but before commencing operations, the facility shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.SEC. 4. Chapter 10 (commencing with Section 8500) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 10. Energy Storage Management Systems8500. For purposes of this chapter, both of the following definitions apply:(a) Energy storage management system has the same meaning as defined in Section 2838.2.(b) NFPA 855 means the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.8501. An application submitted to a local jurisdiction for an energy storage management system shall include the applicants certification of both of the following:(a) The energy storage management system has been designed in accordance with the NFPA 855.(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the energy storage management system is proposed and discussed the energy storage management system design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.8502. A local jurisdiction shall not approve an energy storage management system, unless the local jurisdiction requires both of the following as a condition of approval:(a) The energy storage management system shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the NFPA 855.(b) After installation is complete, but before commencing operations, the energy storage management system shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.SEC. 5. The Legislature finds and declares that Sections 1 to 4, inclusive, of this act adding Section 18944.22 to the Health and Safety Code, adding Sections 25545.15 and 25545.16 to the Public Resources Code, and adding Chapter 10 (commencing with Section 8500) to Division 4.1 of the Public Utilities Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 to 4, inclusive, of this act apply to all cities, including charter cities.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 761.3 of the Public Utilities Code is amended to read:761.3.(a)Notwithstanding subdivision (g) of Section 216 and subdivision (c) of Section 218.5, the commission shall 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. The commission shall enforce the protocols for the scheduling of powerplant outages of the Independent System Operator.(b)This section does not authorize the commission to establish rates for wholesale sales in interstate commerce from those facilities, or to approve the sale or transfer of control of facilities if an exempt wholesale generator, as defined in the federal Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)).(c)(1)(A)Except as otherwise provided in this subdivision, this section does not apply to nuclear powered generating facilities that are federally regulated and subject to standards developed by the Nuclear Regulatory Commission and that participate as members of the Institute of Nuclear Power Operations.(B)The owner or operator of a nuclear powered generating facility shall file with the commission an annual schedule of maintenance, including repairs and upgrades, updated quarterly, for each generating facility. The owner or operator of a nuclear powered generating facility shall make good faith efforts to conduct its maintenance in compliance with its filed plan and shall report to the Independent System Operator any significant variations from its filed plan.(C)The owner or operator of a nuclear powered generating facility shall report on a monthly basis to the commission all actual planned and unplanned outages of each facility during the preceding month. The owner or operator of a nuclear powered generating facility shall report on a daily basis to the Independent System Operator the daily operational status and availability of each facility.(2)(A)Except as otherwise provided in this subdivision, this section does not apply to a qualifying small power production facility or a qualifying cogeneration facility within the meaning of Sections 201 and 210 of Title 11 of the federal Public Utility Regulatory Policies Act of 1978 (16 U.S.C. Secs. 796(17), 796(18), and 824a-3), and the regulations adopted pursuant to those sections by the Federal Energy Regulatory Commission (18 C.F.R. Secs. 292.101 to 292.602, inclusive), nor does this section apply to other generation units installed, operated, and maintained at a customer site exclusively to serve that customers load.(B)An electrical corporation that has a contract with a qualifying small power production facility, or a qualifying cogeneration facility, with a name plate rating of 10 megawatts or greater, shall report to the commission maintenance schedules for each facility, including all actual planned and unplanned outages of the facility and the daily operational status and availability of the facility. Each facility with a name plate rating of 10 megawatts or greater shall be responsible for directly reporting to the Independent System Operator maintenance schedules for each facility, including all actual planned and unplanned outages of the facility and the daily operational status and availability of the facility, if that information is not provided to the electrical corporation pursuant to a contract.(d)This section shall not result in the modification, delay, or abrogation of any deadline, standard, rule, or regulation adopted by a federal, state, or local agency for the purposes of protecting public health or the environment, including, but not limited to, any requirements imposed by the State Air Resources Board or by an air pollution control district or an air quality management district pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code. The Independent System Operator shall consult with the State Air Resources Board and the appropriate local air pollution control districts and air quality management districts to coordinate scheduled outages to provide for compliance with those retrofits.(e)The Independent System Operator shall maintain records of generation and storage facility outages and shall provide those records to the commission on a daily basis. Each entity that owns or operates an electric generating unit in California with a rated maximum capacity of 10 megawatts or greater shall provide a monthly report to the Independent System Operator that identifies any periods during the preceding month when the unit was unavailable to produce electricity or was available only at reduced capacity. The report shall identify the reasons for any such unscheduled unavailability or reduced capacity. The Independent System Operator shall immediately transmit the information to the commission.(f)This section does not apply to any of the following:(1)A facility owned by a local publicly owned electric utility.(2)A public agency that may generate electricity incidental to the provision of water or wastewater treatment.(3)A facility owned by a city and county operating as a public utility, furnishing electric service as provided in Section 10001.(g)(1)In order to ensure the safety of employees, emergency responders, and surrounding communities, a battery energy storage facility located in the state and subject to subdivision (a) shall have an emergency response and emergency action plan that covers the premises of the battery energy storage facility, consistent with Sections 142.3 and 6401 of the Labor Code and any related regulations, including the regulatory requirements applicable to emergency action plans pursuant to Section 3220 of Title 8 of the California Code of Regulations.(2)The emergency response and emergency action plan shall do all of the following:(A)Establish response procedures for an equipment malfunction or failure.(B)Include procedures that provide for the safety of surrounding residents, neighboring properties, emergency responders, and the environment. These procedures shall be established in consultation with local emergency management agencies.(C)Establish notification and communication procedures between the battery energy storage facility and local emergency management agencies.(3)The emergency response and emergency action plan may do all of the following:(A)Consider responses to potential offsite impacts, including, but not limited to, poor air quality, threats to municipal water supplies, water runoff, and threats to natural waterways.(B)Include procedures for the local emergency response agency to establish shelter-in-place orders and road closure notifications when appropriate.(4)In developing the emergency response and emergency action plan, the owner or operator of the battery energy storage facility shall coordinate with local emergency management agencies, unified program agencies, and local first response agencies.(5)The owner or operator of each battery energy storage facility shall submit the emergency response and emergency action plan to the county and, if applicable, the city where the facility is located.
Amended IN Senate March 20, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 283Introduced by Senator LairdFebruary 05, 2025 An act to amend Section 761.3 of add Section 18944.22 to the Health and Safety Code, to add Sections 25545.15 and 25545.16 to the Public Resources Code, and to add Chapter 10 (commencing with Section 8500) to Division 4.1 of the Public Utilities Code, relating to energy. LEGISLATIVE COUNSEL'S DIGESTSB 283, as amended, Laird. Battery energy storage facilities: emergency response plans and emergency action plans. Energy storage systems.Existing law, the California Building Standards Law, establishes the California Building Standards Commission (commission) within the Department of General Services and sets forth its powers and duties, including approval and adoption of building standards and codification of those standards into the California Building Standards Code. Existing law requires 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.This bill would require the commission 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.Existing law authorizes a person proposing an eligible facility, including an energy storage system that is capable of storing 200 megawatthours or more of energy, to file with the State Energy Resources Conservation and Development Commission (Energy Commission) an application for certification for the site and related facility, as provided. Existing law provides that the certification issued by the Energy Commission is in lieu of any permit, certificate, or similar document required by a state, local, or regional agency for the use of the site and related facility.Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law requires the PUC to direct the states 3 largest electrical corporations to file applications for programs and investments to accelerate widespread deployment of distributed energy storage systems for specified purposes and authorizes the PUC to approve, or modify and approve, programs and investments of an electrical corporation in distributed energy storage systems with appropriate energy storage management systems, as defined.This bill would require 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 applicants certification that the facility has been designed in accordance with the NFPA 855, Standard for the Installation of Stationary Energy Storage Systems, and, at least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the facility or system is proposed, as provided. The bill would also prohibit the approval of those applications unless the local jurisdiction requires as a condition of approval that the system be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with NFPA 855, that after installation is complete, but before commencing operations, the system be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal, and that the applicant bear the cost of the inspection. By imposing additional duties on local officers, the bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission 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. Existing law requires each battery energy storage facility located in the state and subject to those standards to have an emergency response plan and an emergency action plan, as specified.This bill would make a nonsubstantive change to the requirement that those battery energy storage facilities have emergency response plans and emergency action plans.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 20, 2025
Amended IN Senate March 20, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 283
Introduced by Senator LairdFebruary 05, 2025
Introduced by Senator Laird
February 05, 2025
An act to amend Section 761.3 of add Section 18944.22 to the Health and Safety Code, to add Sections 25545.15 and 25545.16 to the Public Resources Code, and to add Chapter 10 (commencing with Section 8500) to Division 4.1 of the Public Utilities Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 283, as amended, Laird. Battery energy storage facilities: emergency response plans and emergency action plans. Energy storage systems.
Existing law, the California Building Standards Law, establishes the California Building Standards Commission (commission) within the Department of General Services and sets forth its powers and duties, including approval and adoption of building standards and codification of those standards into the California Building Standards Code. Existing law requires 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.This bill would require the commission 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.Existing law authorizes a person proposing an eligible facility, including an energy storage system that is capable of storing 200 megawatthours or more of energy, to file with the State Energy Resources Conservation and Development Commission (Energy Commission) an application for certification for the site and related facility, as provided. Existing law provides that the certification issued by the Energy Commission is in lieu of any permit, certificate, or similar document required by a state, local, or regional agency for the use of the site and related facility.Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law requires the PUC to direct the states 3 largest electrical corporations to file applications for programs and investments to accelerate widespread deployment of distributed energy storage systems for specified purposes and authorizes the PUC to approve, or modify and approve, programs and investments of an electrical corporation in distributed energy storage systems with appropriate energy storage management systems, as defined.This bill would require 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 applicants certification that the facility has been designed in accordance with the NFPA 855, Standard for the Installation of Stationary Energy Storage Systems, and, at least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the facility or system is proposed, as provided. The bill would also prohibit the approval of those applications unless the local jurisdiction requires as a condition of approval that the system be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with NFPA 855, that after installation is complete, but before commencing operations, the system be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal, and that the applicant bear the cost of the inspection. By imposing additional duties on local officers, the bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission 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. Existing law requires each battery energy storage facility located in the state and subject to those standards to have an emergency response plan and an emergency action plan, as specified.This bill would make a nonsubstantive change to the requirement that those battery energy storage facilities have emergency response plans and emergency action plans.
Existing law, the California Building Standards Law, establishes the California Building Standards Commission (commission) within the Department of General Services and sets forth its powers and duties, including approval and adoption of building standards and codification of those standards into the California Building Standards Code. Existing law requires 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.
This bill would require the commission 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.
Existing law authorizes a person proposing an eligible facility, including an energy storage system that is capable of storing 200 megawatthours or more of energy, to file with the State Energy Resources Conservation and Development Commission (Energy Commission) an application for certification for the site and related facility, as provided. Existing law provides that the certification issued by the Energy Commission is in lieu of any permit, certificate, or similar document required by a state, local, or regional agency for the use of the site and related facility.
Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law requires the PUC to direct the states 3 largest electrical corporations to file applications for programs and investments to accelerate widespread deployment of distributed energy storage systems for specified purposes and authorizes the PUC to approve, or modify and approve, programs and investments of an electrical corporation in distributed energy storage systems with appropriate energy storage management systems, as defined.
This bill would require 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 applicants certification that the facility has been designed in accordance with the NFPA 855, Standard for the Installation of Stationary Energy Storage Systems, and, at least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the facility or system is proposed, as provided. The bill would also prohibit the approval of those applications unless the local jurisdiction requires as a condition of approval that the system be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with NFPA 855, that after installation is complete, but before commencing operations, the system be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal, and that the applicant bear the cost of the inspection. By imposing additional duties on local officers, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission 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. Existing law requires each battery energy storage facility located in the state and subject to those standards to have an emergency response plan and an emergency action plan, as specified.
This bill would make a nonsubstantive change to the requirement that those battery energy storage facilities have emergency response plans and emergency action plans.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 18944.22 is added to the Health and Safety Code, to read:18944.22. The commission and the Office of the State Fire Marshal shall 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 code adopted after July 1, 2026.SEC. 2. Section 25545.15 is added to the Public Resources Code, to read:25545.15. In an application for an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, submitted in accordance with this chapter, the applicant shall certify both of the following:(a) The facility has been designed in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the facility is proposed and discussed the facility design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.SEC. 3. Section 25545.16 is added to the Public Resources Code, to read:25545.16. The commission shall not certify an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, pursuant to this chapter, unless both of the following requirements are satisfied:(a) The facility shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.(b) After installation is complete, but before commencing operations, the facility shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.SEC. 4. Chapter 10 (commencing with Section 8500) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 10. Energy Storage Management Systems8500. For purposes of this chapter, both of the following definitions apply:(a) Energy storage management system has the same meaning as defined in Section 2838.2.(b) NFPA 855 means the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.8501. An application submitted to a local jurisdiction for an energy storage management system shall include the applicants certification of both of the following:(a) The energy storage management system has been designed in accordance with the NFPA 855.(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the energy storage management system is proposed and discussed the energy storage management system design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.8502. A local jurisdiction shall not approve an energy storage management system, unless the local jurisdiction requires both of the following as a condition of approval:(a) The energy storage management system shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the NFPA 855.(b) After installation is complete, but before commencing operations, the energy storage management system shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.SEC. 5. The Legislature finds and declares that Sections 1 to 4, inclusive, of this act adding Section 18944.22 to the Health and Safety Code, adding Sections 25545.15 and 25545.16 to the Public Resources Code, and adding Chapter 10 (commencing with Section 8500) to Division 4.1 of the Public Utilities Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 to 4, inclusive, of this act apply to all cities, including charter cities.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 761.3 of the Public Utilities Code is amended to read:761.3.(a)Notwithstanding subdivision (g) of Section 216 and subdivision (c) of Section 218.5, the commission shall 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. The commission shall enforce the protocols for the scheduling of powerplant outages of the Independent System Operator.(b)This section does not authorize the commission to establish rates for wholesale sales in interstate commerce from those facilities, or to approve the sale or transfer of control of facilities if an exempt wholesale generator, as defined in the federal Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)).(c)(1)(A)Except as otherwise provided in this subdivision, this section does not apply to nuclear powered generating facilities that are federally regulated and subject to standards developed by the Nuclear Regulatory Commission and that participate as members of the Institute of Nuclear Power Operations.(B)The owner or operator of a nuclear powered generating facility shall file with the commission an annual schedule of maintenance, including repairs and upgrades, updated quarterly, for each generating facility. The owner or operator of a nuclear powered generating facility shall make good faith efforts to conduct its maintenance in compliance with its filed plan and shall report to the Independent System Operator any significant variations from its filed plan.(C)The owner or operator of a nuclear powered generating facility shall report on a monthly basis to the commission all actual planned and unplanned outages of each facility during the preceding month. The owner or operator of a nuclear powered generating facility shall report on a daily basis to the Independent System Operator the daily operational status and availability of each facility.(2)(A)Except as otherwise provided in this subdivision, this section does not apply to a qualifying small power production facility or a qualifying cogeneration facility within the meaning of Sections 201 and 210 of Title 11 of the federal Public Utility Regulatory Policies Act of 1978 (16 U.S.C. Secs. 796(17), 796(18), and 824a-3), and the regulations adopted pursuant to those sections by the Federal Energy Regulatory Commission (18 C.F.R. Secs. 292.101 to 292.602, inclusive), nor does this section apply to other generation units installed, operated, and maintained at a customer site exclusively to serve that customers load.(B)An electrical corporation that has a contract with a qualifying small power production facility, or a qualifying cogeneration facility, with a name plate rating of 10 megawatts or greater, shall report to the commission maintenance schedules for each facility, including all actual planned and unplanned outages of the facility and the daily operational status and availability of the facility. Each facility with a name plate rating of 10 megawatts or greater shall be responsible for directly reporting to the Independent System Operator maintenance schedules for each facility, including all actual planned and unplanned outages of the facility and the daily operational status and availability of the facility, if that information is not provided to the electrical corporation pursuant to a contract.(d)This section shall not result in the modification, delay, or abrogation of any deadline, standard, rule, or regulation adopted by a federal, state, or local agency for the purposes of protecting public health or the environment, including, but not limited to, any requirements imposed by the State Air Resources Board or by an air pollution control district or an air quality management district pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code. The Independent System Operator shall consult with the State Air Resources Board and the appropriate local air pollution control districts and air quality management districts to coordinate scheduled outages to provide for compliance with those retrofits.(e)The Independent System Operator shall maintain records of generation and storage facility outages and shall provide those records to the commission on a daily basis. Each entity that owns or operates an electric generating unit in California with a rated maximum capacity of 10 megawatts or greater shall provide a monthly report to the Independent System Operator that identifies any periods during the preceding month when the unit was unavailable to produce electricity or was available only at reduced capacity. The report shall identify the reasons for any such unscheduled unavailability or reduced capacity. The Independent System Operator shall immediately transmit the information to the commission.(f)This section does not apply to any of the following:(1)A facility owned by a local publicly owned electric utility.(2)A public agency that may generate electricity incidental to the provision of water or wastewater treatment.(3)A facility owned by a city and county operating as a public utility, furnishing electric service as provided in Section 10001.(g)(1)In order to ensure the safety of employees, emergency responders, and surrounding communities, a battery energy storage facility located in the state and subject to subdivision (a) shall have an emergency response and emergency action plan that covers the premises of the battery energy storage facility, consistent with Sections 142.3 and 6401 of the Labor Code and any related regulations, including the regulatory requirements applicable to emergency action plans pursuant to Section 3220 of Title 8 of the California Code of Regulations.(2)The emergency response and emergency action plan shall do all of the following:(A)Establish response procedures for an equipment malfunction or failure.(B)Include procedures that provide for the safety of surrounding residents, neighboring properties, emergency responders, and the environment. These procedures shall be established in consultation with local emergency management agencies.(C)Establish notification and communication procedures between the battery energy storage facility and local emergency management agencies.(3)The emergency response and emergency action plan may do all of the following:(A)Consider responses to potential offsite impacts, including, but not limited to, poor air quality, threats to municipal water supplies, water runoff, and threats to natural waterways.(B)Include procedures for the local emergency response agency to establish shelter-in-place orders and road closure notifications when appropriate.(4)In developing the emergency response and emergency action plan, the owner or operator of the battery energy storage facility shall coordinate with local emergency management agencies, unified program agencies, and local first response agencies.(5)The owner or operator of each battery energy storage facility shall submit the emergency response and emergency action plan to the county and, if applicable, the city where the facility is located.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 18944.22 is added to the Health and Safety Code, to read:18944.22. The commission and the Office of the State Fire Marshal shall 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 code adopted after July 1, 2026.
SECTION 1. Section 18944.22 is added to the Health and Safety Code, to read:
### SECTION 1.
18944.22. The commission and the Office of the State Fire Marshal shall 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 code adopted after July 1, 2026.
18944.22. The commission and the Office of the State Fire Marshal shall 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 code adopted after July 1, 2026.
18944.22. The commission and the Office of the State Fire Marshal shall 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 code adopted after July 1, 2026.
18944.22. The commission and the Office of the State Fire Marshal shall 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 code adopted after July 1, 2026.
SEC. 2. Section 25545.15 is added to the Public Resources Code, to read:25545.15. In an application for an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, submitted in accordance with this chapter, the applicant shall certify both of the following:(a) The facility has been designed in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the facility is proposed and discussed the facility design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.
SEC. 2. Section 25545.15 is added to the Public Resources Code, to read:
### SEC. 2.
25545.15. In an application for an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, submitted in accordance with this chapter, the applicant shall certify both of the following:(a) The facility has been designed in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the facility is proposed and discussed the facility design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.
25545.15. In an application for an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, submitted in accordance with this chapter, the applicant shall certify both of the following:(a) The facility has been designed in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the facility is proposed and discussed the facility design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.
25545.15. In an application for an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, submitted in accordance with this chapter, the applicant shall certify both of the following:(a) The facility has been designed in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the facility is proposed and discussed the facility design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.
25545.15. In an application for an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, submitted in accordance with this chapter, the applicant shall certify both of the following:
(a) The facility has been designed in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.
(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the facility is proposed and discussed the facility design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.
SEC. 3. Section 25545.16 is added to the Public Resources Code, to read:25545.16. The commission shall not certify an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, pursuant to this chapter, unless both of the following requirements are satisfied:(a) The facility shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.(b) After installation is complete, but before commencing operations, the facility shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.
SEC. 3. Section 25545.16 is added to the Public Resources Code, to read:
### SEC. 3.
25545.16. The commission shall not certify an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, pursuant to this chapter, unless both of the following requirements are satisfied:(a) The facility shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.(b) After installation is complete, but before commencing operations, the facility shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.
25545.16. The commission shall not certify an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, pursuant to this chapter, unless both of the following requirements are satisfied:(a) The facility shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.(b) After installation is complete, but before commencing operations, the facility shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.
25545.16. The commission shall not certify an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, pursuant to this chapter, unless both of the following requirements are satisfied:(a) The facility shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.(b) After installation is complete, but before commencing operations, the facility shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.
25545.16. The commission shall not certify an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, pursuant to this chapter, unless both of the following requirements are satisfied:
(a) The facility shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.
(b) After installation is complete, but before commencing operations, the facility shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.
SEC. 4. Chapter 10 (commencing with Section 8500) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 10. Energy Storage Management Systems8500. For purposes of this chapter, both of the following definitions apply:(a) Energy storage management system has the same meaning as defined in Section 2838.2.(b) NFPA 855 means the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.8501. An application submitted to a local jurisdiction for an energy storage management system shall include the applicants certification of both of the following:(a) The energy storage management system has been designed in accordance with the NFPA 855.(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the energy storage management system is proposed and discussed the energy storage management system design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.8502. A local jurisdiction shall not approve an energy storage management system, unless the local jurisdiction requires both of the following as a condition of approval:(a) The energy storage management system shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the NFPA 855.(b) After installation is complete, but before commencing operations, the energy storage management system shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.
SEC. 4. Chapter 10 (commencing with Section 8500) is added to Division 4.1 of the Public Utilities Code, to read:
### SEC. 4.
CHAPTER 10. Energy Storage Management Systems8500. For purposes of this chapter, both of the following definitions apply:(a) Energy storage management system has the same meaning as defined in Section 2838.2.(b) NFPA 855 means the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.8501. An application submitted to a local jurisdiction for an energy storage management system shall include the applicants certification of both of the following:(a) The energy storage management system has been designed in accordance with the NFPA 855.(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the energy storage management system is proposed and discussed the energy storage management system design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.8502. A local jurisdiction shall not approve an energy storage management system, unless the local jurisdiction requires both of the following as a condition of approval:(a) The energy storage management system shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the NFPA 855.(b) After installation is complete, but before commencing operations, the energy storage management system shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.
CHAPTER 10. Energy Storage Management Systems8500. For purposes of this chapter, both of the following definitions apply:(a) Energy storage management system has the same meaning as defined in Section 2838.2.(b) NFPA 855 means the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.8501. An application submitted to a local jurisdiction for an energy storage management system shall include the applicants certification of both of the following:(a) The energy storage management system has been designed in accordance with the NFPA 855.(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the energy storage management system is proposed and discussed the energy storage management system design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.8502. A local jurisdiction shall not approve an energy storage management system, unless the local jurisdiction requires both of the following as a condition of approval:(a) The energy storage management system shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the NFPA 855.(b) After installation is complete, but before commencing operations, the energy storage management system shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.
CHAPTER 10. Energy Storage Management Systems
CHAPTER 10. Energy Storage Management Systems
8500. For purposes of this chapter, both of the following definitions apply:(a) Energy storage management system has the same meaning as defined in Section 2838.2.(b) NFPA 855 means the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.
8500. For purposes of this chapter, both of the following definitions apply:
(a) Energy storage management system has the same meaning as defined in Section 2838.2.
(b) NFPA 855 means the National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems. The applicable edition of NFPA 855 shall be the 2023 edition, unless a later edition is incorporated into the California Building Standards Code pursuant to Section 18944.22 of the Health and Safety Code or designated by the commission as applicable to this chapter. If there is a conflict between a provision of NFPA 855 and a provision of the California Building Standards Code (Title 24 of the California Code of Regulations) or any other regulation adopted by a state agency, the more protective provision shall apply.
8501. An application submitted to a local jurisdiction for an energy storage management system shall include the applicants certification of both of the following:(a) The energy storage management system has been designed in accordance with the NFPA 855.(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the energy storage management system is proposed and discussed the energy storage management system design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.
8501. An application submitted to a local jurisdiction for an energy storage management system shall include the applicants certification of both of the following:
(a) The energy storage management system has been designed in accordance with the NFPA 855.
(b) At least 30 days before submitting an application, the applicant met and conferred with the local fire department responsible for fire suppression in the area where the energy storage management system is proposed and discussed the energy storage management system design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency response plans.
8502. A local jurisdiction shall not approve an energy storage management system, unless the local jurisdiction requires both of the following as a condition of approval:(a) The energy storage management system shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the NFPA 855.(b) After installation is complete, but before commencing operations, the energy storage management system shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.
8502. A local jurisdiction shall not approve an energy storage management system, unless the local jurisdiction requires both of the following as a condition of approval:
(a) The energy storage management system shall be constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the NFPA 855.
(b) After installation is complete, but before commencing operations, the energy storage management system shall be inspected by the local fire department responsible for fire suppression or by a representative or designee of the State Fire Marshal. The applicant shall bear the cost of the inspection.
SEC. 5. The Legislature finds and declares that Sections 1 to 4, inclusive, of this act adding Section 18944.22 to the Health and Safety Code, adding Sections 25545.15 and 25545.16 to the Public Resources Code, and adding Chapter 10 (commencing with Section 8500) to Division 4.1 of the Public Utilities Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 to 4, inclusive, of this act apply to all cities, including charter cities.
SEC. 5. The Legislature finds and declares that Sections 1 to 4, inclusive, of this act adding Section 18944.22 to the Health and Safety Code, adding Sections 25545.15 and 25545.16 to the Public Resources Code, and adding Chapter 10 (commencing with Section 8500) to Division 4.1 of the Public Utilities Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 to 4, inclusive, of this act apply to all cities, including charter cities.
SEC. 5. The Legislature finds and declares that Sections 1 to 4, inclusive, of this act adding Section 18944.22 to the Health and Safety Code, adding Sections 25545.15 and 25545.16 to the Public Resources Code, and adding Chapter 10 (commencing with Section 8500) to Division 4.1 of the Public Utilities Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 to 4, inclusive, of this act apply to all cities, including charter cities.
### SEC. 5.
SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
### SEC. 6.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Notwithstanding subdivision (g) of Section 216 and subdivision (c) of Section 218.5, the commission shall 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. The commission shall enforce the protocols for the scheduling of powerplant outages of the Independent System Operator.
(b)This section does not authorize the commission to establish rates for wholesale sales in interstate commerce from those facilities, or to approve the sale or transfer of control of facilities if an exempt wholesale generator, as defined in the federal Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)).
(c)(1)(A)Except as otherwise provided in this subdivision, this section does not apply to nuclear powered generating facilities that are federally regulated and subject to standards developed by the Nuclear Regulatory Commission and that participate as members of the Institute of Nuclear Power Operations.
(B)The owner or operator of a nuclear powered generating facility shall file with the commission an annual schedule of maintenance, including repairs and upgrades, updated quarterly, for each generating facility. The owner or operator of a nuclear powered generating facility shall make good faith efforts to conduct its maintenance in compliance with its filed plan and shall report to the Independent System Operator any significant variations from its filed plan.
(C)The owner or operator of a nuclear powered generating facility shall report on a monthly basis to the commission all actual planned and unplanned outages of each facility during the preceding month. The owner or operator of a nuclear powered generating facility shall report on a daily basis to the Independent System Operator the daily operational status and availability of each facility.
(2)(A)Except as otherwise provided in this subdivision, this section does not apply to a qualifying small power production facility or a qualifying cogeneration facility within the meaning of Sections 201 and 210 of Title 11 of the federal Public Utility Regulatory Policies Act of 1978 (16 U.S.C. Secs. 796(17), 796(18), and 824a-3), and the regulations adopted pursuant to those sections by the Federal Energy Regulatory Commission (18 C.F.R. Secs. 292.101 to 292.602, inclusive), nor does this section apply to other generation units installed, operated, and maintained at a customer site exclusively to serve that customers load.
(B)An electrical corporation that has a contract with a qualifying small power production facility, or a qualifying cogeneration facility, with a name plate rating of 10 megawatts or greater, shall report to the commission maintenance schedules for each facility, including all actual planned and unplanned outages of the facility and the daily operational status and availability of the facility. Each facility with a name plate rating of 10 megawatts or greater shall be responsible for directly reporting to the Independent System Operator maintenance schedules for each facility, including all actual planned and unplanned outages of the facility and the daily operational status and availability of the facility, if that information is not provided to the electrical corporation pursuant to a contract.
(d)This section shall not result in the modification, delay, or abrogation of any deadline, standard, rule, or regulation adopted by a federal, state, or local agency for the purposes of protecting public health or the environment, including, but not limited to, any requirements imposed by the State Air Resources Board or by an air pollution control district or an air quality management district pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code. The Independent System Operator shall consult with the State Air Resources Board and the appropriate local air pollution control districts and air quality management districts to coordinate scheduled outages to provide for compliance with those retrofits.
(e)The Independent System Operator shall maintain records of generation and storage facility outages and shall provide those records to the commission on a daily basis. Each entity that owns or operates an electric generating unit in California with a rated maximum capacity of 10 megawatts or greater shall provide a monthly report to the Independent System Operator that identifies any periods during the preceding month when the unit was unavailable to produce electricity or was available only at reduced capacity. The report shall identify the reasons for any such unscheduled unavailability or reduced capacity. The Independent System Operator shall immediately transmit the information to the commission.
(f)This section does not apply to any of the following:
(1)A facility owned by a local publicly owned electric utility.
(2)A public agency that may generate electricity incidental to the provision of water or wastewater treatment.
(3)A facility owned by a city and county operating as a public utility, furnishing electric service as provided in Section 10001.
(g)(1)In order to ensure the safety of employees, emergency responders, and surrounding communities, a battery energy storage facility located in the state and subject to subdivision (a) shall have an emergency response and emergency action plan that covers the premises of the battery energy storage facility, consistent with Sections 142.3 and 6401 of the Labor Code and any related regulations, including the regulatory requirements applicable to emergency action plans pursuant to Section 3220 of Title 8 of the California Code of Regulations.
(2)The emergency response and emergency action plan shall do all of the following:
(A)Establish response procedures for an equipment malfunction or failure.
(B)Include procedures that provide for the safety of surrounding residents, neighboring properties, emergency responders, and the environment. These procedures shall be established in consultation with local emergency management agencies.
(C)Establish notification and communication procedures between the battery energy storage facility and local emergency management agencies.
(3)The emergency response and emergency action plan may do all of the following:
(A)Consider responses to potential offsite impacts, including, but not limited to, poor air quality, threats to municipal water supplies, water runoff, and threats to natural waterways.
(B)Include procedures for the local emergency response agency to establish shelter-in-place orders and road closure notifications when appropriate.
(4)In developing the emergency response and emergency action plan, the owner or operator of the battery energy storage facility shall coordinate with local emergency management agencies, unified program agencies, and local first response agencies.
(5)The owner or operator of each battery energy storage facility shall submit the emergency response and emergency action plan to the county and, if applicable, the city where the facility is located.