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Commission begins review of battery storage zoning and safety rules after developer inquiry

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Summary

Planning staff recommended beginning work on new zoning and performance standards for battery energy storage systems after a Port Authority inquiry; commissioners asked staff to draft an ordinance that includes siting, safety, first-responder, and decommissioning standards.

The Planning Commission reviewed preliminary work on zoning and performance standards for battery energy storage systems after the Port Authority reported a Texas company expressed interest in leasing or buying port land for a storage project.

City planner Clara Beck framed the discussion as proactive zoning work: "Battery storage is not something that I'm super familiar with, but people who maybe work for energy companies could be. It is a technology that I think we will be seeing a lot more of in the future," Beck said, asking whether the commission preferred staff to present a drafted ordinance or form a subcommittee. She said Otter Tail Power includes battery storage in its five-year plan and that early regulation would give the city a predictable process for future proposals.

Why it matters: commissioners and staff noted battery storage projects raise technical regulatory issues distinct from solar or wind, including definitions, siting near substations, dimensional and performance standards, first-responder/safety planning, and decommissioning and financial assurance for end-of-life removal. Beck provided model language used in other jurisdictions (a New York State model ordinance and sample Colorado county language) as starting points.

Discussion: commissioners suggested staff prepare a draft ordinance with definitions, dimensional and design standards, safety and first-responder requirements, and decommissioning plans and financial assurance. One commissioner with industry experience said his firm handles battery storage development and operation and flagged the development-versus-operation distinction. Fire department and first-responder standards were discussed as essential because of potential firefighting complexities at battery facilities.

Action taken: commissioners directed staff to prepare a draft ordinance and recommended staff consult the fire department and regional utilities; no formal motion to create new zoning language was recorded. Beck said the Port Authority had entered a letter of intent on a site but that many hurdles remain before a project could proceed.

Ending: Staff will draft proposed ordinance language using model code references and coordinate with fire/emergency services and utilities prior to presenting a marked-up draft to the commission.