Planning Commission advances battery storage draft: spacing, emergency-cost reimbursement and decommissioning rules recommended

The Charlotte County Planning Commission on April 17 continued work on a draft ordinance for battery energy storage systems (BESS), agreeing by consensus to several provisions intended to address fire safety, decommissioning accuracy and permit oversight.

Public-safety input shaped the discussion. Public Safety Director Chris Russell told the Commission that, based on industry reporting from the prior applicant, "fires at battery energy storage systems typically should be allowed to burn out on their own," noting that systems usually include monitoring and fire-suppression equipment but can produce smoke and require careful siting and response planning. Staff also shared technical spacing recommendations provided by Aaron Berryhill of the U.S. Department of Energy. Commissioners agreed to add equipment spacing requirements to the ordinance and asked staff to use Dominion Energy specifications Mr. Berryhill shared to draft regulatory language.

By consensus the Commission also agreed to two operator-responsibility provisions: (1) require the facility owner or operator to reimburse local fire, emergency medical services and law-enforcement agencies for expenses incurred responding to a BESS fire event and (2) require submission of material safety data sheets as part of site-plan review. Commissioners discussed evacuee reimbursement and the County Emergency Operations Plan but staff cautioned that some detailed emergency-response elements are beyond the scope of the zoning ordinance; staff will consult Appomattox and Mecklenburg for information on evacuation practices and report back in May.

On decommissioning, staff presented options and recommended steps to improve estimate accuracy. Commissioners accepted by consensus staff’s recommendations to require that decommissioning cost estimates be prepared by an independent third-party professional engineer with relevant BESS and industrial-site decommissioning expertise, and to require, as a permit condition if the ordinance is adopted, submission of any agreement between the applicant and the battery manufacturer or supplier prior to building-permit issuance.

Staff also introduced a proposed three-tier system for BESS classification — two on-site system categories for installations of 600 kWh or less and a utility-scale category for systems greater than 600 kWh — noting varying user needs and monitoring challenges. Commissioners deferred a final decision on tier definitions and instructed staff to continue research. Supervisor Hazel Bowman Smith (the Board’s non-voting representative) recommended a five-acre minimum lot size for utility-scale systems to ensure buffering; the Commission asked staff to research acreage requirements and return with recommendations.

The Commission did not take a final vote on the ordinance text; the items discussed were advanced by consensus and staff was directed to draft specific ordinance language and report back at the next meeting.