San Marcos adopts interim energy-storage safety guidelines; fire officials to update regularly

The San Marcos City Council on March 11 unanimously adopted Resolution 2025‑9415, a set of guidelines for energy storage systems intended to guide developers and first responders on safety and plan submissions.

The guidelines, presented by Fire Marshal Jason Nelon and Fire Chief Dan Baron, were described as a best‑practices document rather than an ordinance or local law. Nelon told the council the guide is “a best practices guide outlining developer guidelines and plan submission requirements” and said the city will update the document as technologies and industry standards change.

City officials and speakers emphasized safety for residents and firefighters. Deputy Mayor Sunella and Council Member Musgrove each praised the work of the fire department, with Musgrove saying earlier that the guidelines resulted from a deeper review after safety concerns were first raised last September. The council heard more than a dozen public comments, most urging strict setbacks, plume modeling, and placement rules for battery storage facilities sited near homes, schools or evacuation routes.

Fire Marshal Nelon said the document is intended to be a living document and that his office is already preparing a version 2. He told the council staff will review and update the guidelines frequently — “probably every 60 days” — to reflect changes in equipment, suppression approaches and state rules. Nelon also said the guide is not an ordinance and “it’s not law.” The council directed staff to publish the document on the city website and issue press notices when updates are posted; Nelon said the city can add a signed‑up notifications option so residents who want alerts will receive them.

Residents who spoke during the public comment period detailed health, environmental and evacuation concerns after recent battery‑storage fires elsewhere in California. Lindsay Smith cited the Moss Landing fire and said soil testing found unsafe metal concentrations far from that site; she thanked the council for moving “to the forefront of ensuring that this city has comprehensive protection guidelines for BESS facilities.” Kendra Correa described a hypothetical household evacuation scenario and said “100‑foot setback is just not enough.” Other commenters, including Phyllis Laderman, Janine Huston, Andrew McSparrow, Joe Rowley, JP Thaparish and Jared Pache, asked the council to require plume modeling assumptions that a full container can be consumed in a thermal runaway event and to set setbacks measured to property lines and sensitive receptors.

Council discussion emphasized that the guidelines are intended to provide consistent review criteria without locking the city into a regulatory text that could be obsolete quickly. Council Member Nunez asked how the city would coordinate education and outreach; Mayor Rebecca Jones said staff will pursue an informational workshop with the Clean Energy Alliance and other stakeholders so residents can ask technical questions of experts. Chief Baron and Marshal Nelon will remain the points of contact for technical changes.

Action: The council adopted Resolution 2025‑9415, “Guidelines for Energy Storage Systems Policy and Procedures,” by unanimous vote. The motion to adopt was made by Mayor Rebecca Jones and seconded; the council recorded all votes in the affirmative with no noes or abstentions. The fire marshal’s office will maintain and revise the guide, issue website notices on updates, and coordinate outreach with regional partners.

Why it matters: The policy sets a local baseline for plan review and fire response that the city can change as the technology, state rules, and industry practices evolve. It does not preempt state authority where state approval applies and does not itself carry the force of law or code until or unless adopted as an ordinance or incorporated into building/fire codes.

Next steps: Fire staff will continue to refine the document, publish updates to the city website, and the council directed staff to arrange community education sessions involving the Clean Energy Alliance and other regional experts.