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Battery Energy Storage System Facilities Ordinance

The County of Orange is the process of developing an ordinance setting forth development guidelines and standards for Battery Energy Storage Systems (BESS) facilities located within unincorporated areas of the County.

UPCOMING

Planning Commission Meeting – March 26, 2025

PREVIOUS ACTIONS

Board of Supervisors Meeting – March 11, 2025

  • The Board approved Supplemental Item #S33E (inclusive of the report required by the approval of Supplemental Item #S32A), which extended the interim Urgency Ordinance and moratorium by 10 months and 15 days to allow additional time for staff to consider, study, and assess the various approaches to the regulation of BESS facilities and ways to address risks associated with such facilities. The extension of the interim Urgency Ordinance prevents the issuance of any permits, except those specifically exempted including residential and other smaller BESS, for BESS facilities in the unincorporated areas of the County of Orange.

    The interim Urgency Ordinance, which expires on January 26, 2026, does not apply to the residential and non-residential energy storage requirements specified by the California Code of Regulations, Title 24, Part 6, and nothing in the interim Urgency Ordinance conflicts with the Opt-In Certification Process for BESS facilities established by and under the authority of the California Energy Commission.

Board of Supervisors Meeting – January 28, 2025

  • The Board approved Supplemental Item #S32A, which adopted an interim Urgency Ordinance placing a 45-day moratorium on establishment of large-scale BESS facilities in all unincorporated areas of the County of Orange. The interim Urgency Ordinance included direction to OC Public Works staff to coordinate with the Orange County Fire Authority (OCFA) to provide a report (describing or recommending measures to alleviate the conditions which led to the adoption of the urgency ordinance) back to the Board of Supervisors 10 days prior to the expiration of the interim Urgency Ordinance.

Planning Commission Meeting – December 11, 2024

Board of Supervisors Meeting – October 8, 2024

  • The Board of Supervisors (Board) approved Supplemental Item #S14D, which directed OC Public Works/Planning staff (staff) to research and draft an ordinance setting forth development guidelines and standards for Battery Energy Storage Systems (BESS), also known as Lithium-ion Battery Storage projects.

 

CONTACT INFORMATION

For more information, please contact:

Scarlet Duggan, Land Use Manager

OC Development Services/Planning

601 N. Ross Street, Santa Ana, CA 92701

scarlet.duggan@ocpw.ocgov.com