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Council holds battery energy storage zoning bill after state‑preemption concerns
Summary
Bill 9‑26, which would add battery energy storage systems as a land‑use category, was held until April 6 after the supervising county attorney raised concerns that state law preempts local regulation of front‑of‑the‑meter projects.
The council opened a public hearing on Bill 9‑26 on March 19 to add zoning rules for battery energy storage systems as conditional uses. Sponsors described the bill as a measured way to introduce new land‑use language for battery systems and proposed an amendment to clarify that the bill targets "front‑of‑the‑meter" utility‑scale systems and to make those a special exception in certain residential districts.
Kelly Kenny, the supervising county attorney, said she reviewed state law and warned the council that the state provides for front‑of‑the‑meter storage with a significant degree of preemption: local jurisdictions may not prohibit construction or deny site plans that comply with the state statute. Kenny said the bill — or an amendment specifically referencing front‑of‑the‑meter projects — could therefore create legal exposure.
After discussion the sponsor withdrew the amendment and moved to hold the bill. The council voted unanimously to hold Bill 9‑26 until the April 6 meeting so staff can analyze state preemption issues and clarify which projects the county can lawfully regulate.
The county attorney and planning staff said the hold allows time to adjust language to avoid conflict with state law and to better define whether the county is addressing distribution‑side (front‑of‑the‑meter) facilities or smaller behind‑the‑meter installations.
No final policy changes were adopted at the March 19 session; the bill will return to the council for further consideration after legal review.
