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Orange County imposes 90‑day moratorium on large‑scale battery energy storage permitting
Summary
The Board of Supervisors approved an urgency ordinance to temporarily halt permitting of large‑scale battery energy storage systems in unincorporated Orange County while county staff and the Orange County Fire Authority draft regulations and siting standards.
The Orange County Board of Supervisors voted unanimously on Jan. 28 to enact a 90‑day urgency moratorium on permitting large‑scale battery energy storage systems (BESS) in unincorporated county territory, directing staff to work with the Orange County Fire Authority, utilities and industry to create safety, siting and zoning rules.
Vice Chair Katrina Foley introduced the supplemental ordinance, saying the county currently lacks zoning and safety regulations specific to large‑scale energy storage facilities and noting recent local fire activity and regional incidents that complicate emergency response. "Where do we place these facilities? Is it appropriate to put them next to severe fire hazard areas next to residential homes? I personally don’t think so," Foley said.
Public comment included a range of perspectives: community groups and residents urged a moratorium and cited health, water runoff and school‑proximity concerns; industry representatives and utilities (NG North America, OCPA, SDG&E) requested a measured approach, highlighted newer battery chemistries (lithium iron phosphate) and said they would collaborate on safety and siting. County counsel and staff clarified that the moratorium covers county‑permitted large systems not already subject to state CEC review and that the final ordinance will set clearer definitions (staff referenced the state’s 200‑megawatt threshold as a delineator in statute).
Planning staff said there are roughly 15 large‑scale BESS facilities in Orange County as of mid‑2024 and that earlier inquiries had been made to development services but no formal county applications had been filed for unincorporated parcels. The moratorium will allow staff time to draft an ordinance with technical distinctions between residential and large‑scale systems, clarify thresholds and propose safe zoning districts. The ordinance does not apply to projects wholly inside incorporated cities or to facilities regulated directly by the California Energy Commission.
The board approved the urgency ordinance and directed staff to return with draft regulations, public safety criteria and a siting plan within 90 days.
