County staff brief committee on changes to battery storage rules, fees and setbacks

Staff informed the committee that Amendment 4 to Senate Bill 25 has passed both legislative chambers and, if signed by the governor, would require counties to adopt conforming regulations within 120 days. The staff summary said the amendment would cap local permitting fees for battery energy storage systems (the meeting referenced a cap of $5,000 per megawatt and contrasted that with higher fees in other counties) and would establish a 150-foot distance from structures as the setback standard mentioned in the discussion.

Committee members expressed concern about the setback distance as described in the staff summary, saying a 150-foot setback from a structure could be “too close” in some cases. Staff also noted that even where county setbacks exist, under the proposed state rule the 150-foot measurement would control and counties would lose discretion to impose a farther setback in some circumstances.

Why it matters: the change would shift permitting and siting authority for battery energy storage systems and limit local fee revenue for permitting; staff said the county currently charges $7,500 per megawatt and that the state cap would lower that to the level described in the meeting if enacted.