Mills County commission recommends adding rules for commercial battery storage, cites NFPA 855 and emergency planning

The Mills County Planning Commission voted to recommend that the Board of Supervisors consider adding a new section to Chapter 27 to regulate commercial battery energy storage systems, including requirements for emergency plans, firefighter training and decommissioning assurances.

The recommendation, filed as Case 2025‑O2, follows a presentation of a draft ordinance by county planning staff who said they removed boilerplate nuclear provisions and focused the text on battery energy storage systems tied to commercial‑scale solar projects. The draft classifies such systems as conditional uses in agricultural (AG), agricultural‑residential (AR) and industrial zoning districts and mirrors processes already used for utility‑scale solar.

Presenter (Speaker 3) told commissioners the draft will require applicants to supply an emergency operations plan to local fire departments, the Mills County Sheriff’s Office and the Mills County Emergency Management Office, and to host at least one meeting per year "or as needed" with those responders. "At a minimum, the plan shall comply with NFPA 855 standards for installation of stationary energy storage systems," the presenter said, proposing language intended to trigger technical checks for thermal‑runaway monitoring and fire suppression across the whole project rather than only for setback calculations.

The ordinance also addresses decommissioning and financial assurance. The draft calls for an independent cost estimate every five years, adjustments to financial surety based on those estimates and a requirement that operators begin site reclamation within 90 days of ceasing operations except in catastrophic circumstances.

Commissioners discussed road‑use and repair obligations during construction. Planning staff said applicants must identify affected roads in coordination with the county engineer, perform pre‑ and post‑construction surveys and either repair roads or ensure they are returned to their prior condition. The presenter noted precedent in which developers have paid counties to complete repairs, but said the specifics will be negotiated in a road‑use and maintenance agreement between the applicant and the county engineer.

Members of the public and several commissioners raised concerns about firefighting capacity and water availability in rural areas. A public commenter asked whether rural fire departments will have sufficient trained personnel and water to fight BESS fires and whether sites could provide dedicated water for suppression. Speaker 6 said research shows lithium battery fires can re‑ignite for days: "They had re ignition up to 7 days later ... you can't put them out almost," the speaker said, urging strict safety measures and automated monitoring to prevent incidents.

Commissioners asked who enforces annual meeting requirements. Planning staff said Emergency Management would maintain records, and failure to hold required meetings would be a county infraction under the draft ordinance; the presenter cited a starting penalty of $750 for the first day and $1,000 for each subsequent day.

After discussion, the commission voted to recommend the draft ordinance to the Board of Supervisors. The motion was made, seconded and carried by voice vote; the transcript records the motion as "carried" but does not include a recorded roll‑call tally.

The commission noted the draft will next be considered by the Board of Supervisors, with meeting scheduling and effective dates to be determined by that body. The Planning Commission listed the ordinance as new business for the board referral and set upcoming commission meeting dates for follow‑up.