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Board approves 90‑day moratorium on large‑scale battery energy storage development in unincorporated county
Summary
The board adopted an urgency ordinance placing a temporary 90‑day moratorium on permitting large‑scale battery energy storage systems in unincorporated Orange County while staff and OCFA draft siting and safety regulations; the vote was unanimous.
The Orange County Board of Supervisors on Jan. 28 adopted an urgency ordinance placing a temporary 90‑day moratorium on permitting new large‑scale battery energy storage systems (BESS) in unincorporated county territory to allow county staff and the Orange County Fire Authority (OCFA) to study safety, zoning and siting rules.
Vice Chair Katrina Foley introduced the supplemental item, citing recent local fire activity, the complexity of extinguishing thermal‑runaway fires at battery storage facilities and the absence of county‑specific siting and safety regulations. Supporters of the moratorium emphasized that the county does not yet have a regulatory framework for such facilities and that a short pause will allow collaboration with OCFA and utility providers on safety standards and appropriate locations.
Speakers were split. Local residents and advocacy groups urged a prohibition or strict controls after referencing high‑profile battery incidents elsewhere and expressing concerns about toxic releases, water runoff and proximity to schools and homes. Utility representatives and project proponents, including the Orange County Power Authority and a developer representative for a proposed San Juan Capistrano facility, urged careful, evidence‑based regulation and cautioned against a blanket ban; they described newer battery chemistries (for example, lithium iron phosphate) with improved safety profiles and noted industry and state rulemaking activity.
County counsel and planning staff said no formal BESS applications were currently pending in unincorporated areas, though developers had made inquiries. The ordinance is written to be temporary and to avoid preempting state processes: it pauses permitting while staff and OCFA draft county rules and identify appropriate siting and technical standards.
The board voted unanimously to adopt the urgency ordinance. The motion directs OC Public Works and OCFA to prepare regulations and return to the board with a draft report no later than 10 days before the moratorium’s expiration.
Ending: The board asked staff to consult utilities, OCFA and industry experts while drafting draft regulations and emphasized public‑safety considerations in siting decisions.
