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Duval enforces 12‑month moratorium on large battery storage while staff studies safety, siting and code changes

Duval City Council · July 8, 2026
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Summary

Council held a public hearing on a 12‑month moratorium (effective 06/02/2026) on large battery energy storage systems. Staff outlined hazards, outreach plans to tribes, fire and state agencies, and said recommendations on zones and conditions will follow; PSE and a developer urged tailored rules.

The Duval City Council on July 7 held a required public hearing on a 12‑month moratorium the city placed on battery energy storage systems (BESS) and heard testimony from industry and utility representatives as staff described a months‑long study of safety, environmental and land‑use impacts.

City Administrator Cynthia McNabb summarized the moratorium (effective June 2, 2026), saying it pauses acceptance and processing of land‑use and building permits for distribution‑scale battery projects so staff can study fire‑response implications, potential hazardous‑material and groundwater risks, air‑quality impacts during a fire, visual and noise effects, wildlife impacts, and the city's fiscal or economic exposure. McNabb said the city will consult local first responders, the Department of Ecology, state siting councils and affected tribes and utilities before proposing any code changes.

Sam Maslin, CEO of Eddy Energy, described smaller, distribution‑scale projects (typically 10 megawatts and under) suited to industrial or previously disturbed sites and said such projects can support local grid reliability if codes recognize distinctions between distribution‑scale and large transmission‑scale facilities. "Not all battery energy storage systems are the same," Maslin told council, urging that any ordinance differentiate by scale and grid role.

Matt Larson of Puget Sound Energy told the council BESS are a key part of the utility's plans to meet growing load from electrification and EV adoption, saying the company plans major deployments of storage and that industry safety standards and lessons learned have cut facility failure rates substantially in recent years. PSE advocated for a "permanent pathway" to allow residential, commercial and appropriate utility‑scale storage under clear, modern standards.

McNabb said staff will study the identified issues during the moratorium and develop recommendations — policy options, conditional‑use frameworks and code amendments — that would be subject to public processes (including SEPA where required). The moratorium is set to expire June 2, 2027, unless council directs a shorter period; staff said council could reduce the duration but that work with tribes and agencies will continue while the moratorium remains in effect.

The public hearing record closed with no additional speakers; no final code change or vote on the moratorium was taken at the July 7 meeting.