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Escondido extends moratorium on utility-scale battery storage for up to 12 months, allows one California Energy Commission project
Summary
The City Council voted 4-1 to extend an urgency moratorium on new commercial battery energy storage systems (BESS) for up to 12 months while staff coordinates code updates, and approved an exception for a project submitted to the California Energy Commission before the ordinance's effective date.
The Escondido City Council voted 4-1 on Oct. 21 to extend an urgency moratorium on permitting commercial, utility-scale battery energy storage systems (BESS) for up to 12 months, and to add an exception for any BESS project submitted to the California Energy Commission (CEC) before the ordinance's effective date.
Chris McKinney, deputy city manager, briefed the council on the background: the council previously adopted a 2024 resolution and two urgency ordinances restricting BESS development in the city, and the most recent urgency ordinance is due to expire Oct. 5, 2025. McKinney told the council the maximum extension available under state law is 12 months and that a four-fifths supermajority is required for an urgency extension.
McKinney said city staff plan to incorporate San Diego County's draft BESS guidance into a City Code update to Chapter 11 (fire prevention and protection) and tentatively expected to return to council with that ordinance by Dec. 3. He also said staff will return with options on minimum workforce safety standards early next year.
During public comment, Sean Boyer of Noble River Power described a submitted project at the existing enterprise peaking plant (the "Enterprise BESS") that has been paused while the CEC and local code updates proceed. "We can comply with [the recommended safety standards], and want to comply with," Boyer said, but the moratorium has paused parts of the Energy Commission process.
Mayor White moved to extend the urgency ordinance for up to 12 months and to add a sentence exempting BESS projects submitted for CEC review on or before the effective date of the ordinance; the motion passed 4-1. Councilmember Christian Garcia cast the lone dissent.
Council discussion focused on balancing local safety and environmental concerns, coordination with San Diego County planning and the Air Pollution Control District, and the lack of existing workforce-safety standards to use as models. Several members urged staff to return quickly with the Chapter 11 fire-code update and with recommended workforce standards.
Action: Motion to extend the urgency ordinance up to 12 months and add an exception for CEC-submitted projects passed 4-1.
