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Council adopts interim moratorium on battery energy storage projects to study siting and code changes
Summary
Council passed emergency Ordinance 3913 placing a temporary moratorium on applications for large battery energy storage systems (BESS) intended to supply the electrical grid, directing a public hearing within 60 days and giving staff time to study siting, safety, and code updates; one council member opposed the moratorium.
Mount Vernon City Council on May 28 enacted Ordinance 3913, an emergency interim ordinance that pauses acceptance of permit applications for battery energy storage systems (BESS) intended primarily to store and supply power to the electrical grid while the city studies siting criteria, safety, and potential municipal code amendments.
City attorney Kevin Rogers explained the ordinance is permitted under the city’s code‑city authority and the Growth Management Act and is intended to “preserve the status quo while you consider plans to deal with issues” related to large BESS projects. Rogers summarized the city’s stated concerns in the recitals: the systems commonly use lithium‑ion technology, are often large in scale, can present risks such as fire hazards and thermal runaway, and are not specifically identified in the city’s zoning code. The moratorium, Rogers said, prevents automatic vesting of applications under current code so the city can adopt contemplated regulations through a public process.
Rogers told the council the ordinance requires a hearing within 60 days to consider renewing, repealing, or amending the moratorium and that, by statute, the moratorium could remain for up to six months (and up to a year if the council adopts a work plan). “What this does is it’s not saying we're not interested. It’s time out,” Rogers said.
Councilmember Bandershu said he would not support the ordinance and offered subject‑matter assistance, saying fire risk fears are largely unfounded where systems are sited next to substations and that property‑tax impacts warrant discussion with the county assessor. Supporters of the moratorium, including Councilmember Marion, said they wanted time to hear from experts, the public and county and fire officials before adopting permanent siting and safety rules. Councilmember Marion moved to adopt Ordinance 3913; the motion was seconded and passed by council voice vote, with some members indicating opposition.
The ordinance takes immediate effect as an emergency measure; staff will schedule the hearing, notify the public, and gather expert input on safety, property‑tax and siting implications before returning to the council with recommendations.
