EPA removes batteries from Moss Landing 300 as supervisors push for local BESS rules and a timeline

Federal cleanup and battery removal work at the Moss Landing 300 building is continuing, county staff reported Nov. 19, and the Board of Supervisors used the update to press a path toward local regulation of utility‑scale battery energy storage systems (BESS).

Emergency Management staff summarized the U.S. Environmental Protection Agency’s work at the site: crews have de‑energized and shipped 5,560 of roughly 35,772 Type‑1 and Type‑2 modules off site to processing facilities, and operations run 24 hours a day excluding Sundays when required. Structural stabilization and partial demolition are underway to safely access and remove remaining material. EPA is overseeing dust controls, air monitoring and has engaged the U.S. Coast Guard’s Pacific Strike Team for federal oversight of operations.

Environmental Health briefed the board on sampling and monitoring. Phase 1 community soil sampling covered 108 samples at 27 locations; eight results were above health‑based screening levels but were described as isolated and not widespread. Phase 2 water and sediment testing (including complicated dioxin/furan analysis) is complete and undergoing state review; Environmental Health expects to release those results in January 2026. A preliminary environmental assessment integrating all data (PEA) is planned for March 2026 after state review.

Air monitoring continues: continuous PM2.5 and hydrogen fluoride (HF) sensors remain deployed; no HF detections have occurred since January, staff said, and only six of approximately 16,000 QA‑checked samples have been at or above screening levels (not sustained). Staff emphasized that a value above a screening level is a signal for more evaluation rather than proof of health effect and that state experts (DTSC, CDPH, OEHHA, Regional Water Board) are reviewing the data.

Public comment was extensive and often emotional. Neighbors and advocacy groups pressed for more debris and on‑site interior testing, independent peer review of sampling (some asked for release of San Jose State data), and faster public interpretation. Several speakers said livestock and human ailments have worsened since the fire; others underscored first‑responder safety and the need to fund testing and remediation without passing costs to residents.

The public safety and policy debate expanded into local regulation of battery storage. Housing & Community Development staff presented options for an interim ordinance (a temporary local ban) versus a rapid ordinance drafting process. Staff noted an interim ordinance under Government Code would require a 4/5 vote, last for 45 days and may be extended up to two years, but cautioned that facilities above the AB 205 threshold could still obtain state certification from the California Energy Commission and bypass local permitting.

After discussion and public comment, supervisors directed the county administrative office and county counsel to identify funding and consultant resources, assemble existing model ordinances and state safety standards, and return in January with a realistic timeline for drafting a local ordinance and recommended next steps. The board did not adopt an immediate interim moratorium by 4/5 vote at this meeting.

What happens next: county staff will compile technical and legal resources, seek funding for consultant support (staff estimated up to $100,000 may be needed for technical/CEQA support depending on scope), and present a status update in January 2026 with a proposed timeline for ordinance drafting and public engagement.

Representative quotes: "Battery removal is expected to continue into 2026," Emergency Management said. "This contract is ensuring best management practices for controlling dust are in place and EPA is overseeing the work at the site." (Kelsey Scanlon, County Emergency Management)

"A result above a screening level does not indicate a health impact; it signals additional evaluation may be warranted," Environmental Health said of isolated soil and air detections. (Nikki Fowler, Environmental Health)

Board direction: CAO and county counsel to identify funding and consultant support and return in January with a timeline and options for a county ordinance on utility‑scale BESS.