Battery storage rules: California

Last checked against primary sources: October 23, 2026

California sits on the federal floor and adds to it: the California Fire Code (CFC) plus CPUC safety orders, with a dual permitting track (local default OR the CEC AB 205 Opt-In that can supersede local rules). GO-Biz publishes a model ordinance and permitting playbook. No statewide pause is in effect: AB 434 (2025), which proposed one, did not pass.

No statewide moratorium: check your county and city

No statewide moratorium. AB 434 (2025), which would have barred approval of battery storage facilities until January 1, 2028, did not pass. Counties and cities set their own siting rules, so the county or city is where to check. AB 434 (2025–26) bill history, California Legislature

Fire and building codes in force

2025 California Fire Code (CFC), Title 24 Part 9, effective Jan 1 2026; adopts NFPA 855 (2023)
OSFM triennial code cycle; 180-day local-adoption window
CPUC GO 167-C (Res. ESRB-13, Mar 13 2025)

How a project is permitted

Dual track: (1) local Lead Permitting Agency (LPA) by default — 550+ agencies, 58 counties — or (2) the CEC AB 205 Opt-In, a state certificate issued in lieu of local permits that supersedes local setbacks and ordinances (>50 MW / ≥200 MWh).

Setbacks and spacing

CFC §1207.8.3: 10 ft outdoor separation (lot lines / buildings / combustibles), reducible to 3 ft with a 1-hr fire barrier, noncombustible walls, or a UL 9540A-passing enclosure. Fire / building code CFC §1207.8.3
GO-Biz model ordinance guide offers three setback options: (1) the local fire code minimum (10 ft under the CFC); (2) a setback set by fire-apparatus access road needs, where a 30 ft road is commonly cited; (3) more than 50 ft. The guide notes a scientific basis for more than 50 ft across all sites has not been established, and that non-flammable technologies follow local fire code setbacks. Fire / building code GO-Biz BESS Model Ordinance and Guide, Setbacks section (Oct 22 2025 version)

Legislation

SB 38 (Laird, 2023) (enacted): Statewide emergency-response / evacuation plan mandate filed with local fire agencies (PUC §761.3). SB 38 (Ch.377/2023)
SB 1383 → CPUC GO 167-C (enacted): Extends GO 167 maintenance/operations standards to all CA BESS; adds Maintenance Plans + 24-hr incident reporting (adopted Mar 13 2025). SB 1383 (Ch.725/2022) / CPUC GO 167-C
AB 205 (2022) — CEC Opt-In (enacted): Creates the CEC Opt-In Certification Program; PRC §25545.1 certificate issued in lieu of and supersedes any state/local/regional rule (>50 MW / ≥200 MWh). AB 205 (2022) / PRC §25545.1
SB 283 (Laird) — Clean Energy Safety Act (enacted): Signed Oct 6 2025 (Ch. 407, Stats. 2025), operative Jan 1 2026. Applicants meet and confer with the fire authority at least 30 days before applying (CEC path: PRC §25545.19; local path, projects of 10 MWh or more: PUC §8501). For applications after Jan 1 2026, the fire authority inspects after installation and before operation, at the applicant's cost. On the CEC path the inspection is due within 90 days of the applicant's notice of completion, and the Commission may certify or approve operation if it has not occurred by then (PRC §25545.16); on the local path, approval is conditioned on the inspection with no 90-day clock stated (PUC §8502). The State Fire Marshal is directed to consider restricting siting to dedicated-use noncombustible buildings or outdoor installations in the next code update after July 1 2026 (PUC §8503). The NFPA 855 mandate was dropped after OSFM independently adopted NFPA 855-based standards, effective Jan 1 2026. SB 283 (Ch. 407, Stats. 2025): PRC §§25545.16 and 25545.19; PUC §§8500–8504
AB 303 (Addis) — setbacks / opt-in removal (failed): Would have required 3,200 ft setbacks from sensitive receptors and removed BESS from the CEC opt-in. It was never heard in committee and died Jan 31 2026. AB 303 (2025–26) — died per Art. IV §10(c)
SB 254 (2025) (enacted): Urgency statute (signed Sep 19 2025): streamlines the CEC AB 205 opt-in certification (possible MND instead of EIR, processing deadlines). SB 254 (2025)
AB 1285 (2025) (enacted): Signed Oct 11 2025, effective Jan 1 2026: OSFM best practices for lithium-ion BESS; owners must establish incident-information-sharing with local emergency managers. AB 1285 (2025)
AB 434 (DeMaio, 2025) (failed): Would have barred approval of battery storage facilities until Jan 1 2028 and removed batteries from the CEC opt-in. It died Jan 31 2026 under Art. IV, Sec. 10(c). AB 434 (2025–26) bill history, California Legislature

Places within

Monterey County, CA — Moratorium not adopted; county ordinance in development
San Diego County, CA — no moratorium; County Fire requires 100 ft from homes
Los Angeles County, CA
Santa Cruz County, CA — draft rules would prohibit NMC chemistry (not adopted)
Orange County, CA — no battery storage in Very High Fire Hazard zones, and 100 ft from homes
Rancho Cucamonga, CA — 1,000 ft setback from residential lot lines

Sources

SB 283 (Ch. 407, Stats. 2025) — chaptered text California Legislature
CPUC 2025 BESS Facility Survey (chemistry mix + indoor/outdoor, ≥50 MW fleet) CPUC Safety & Enforcement Division
CPUC General Order 167-C (BESS maintenance + 24-hr incident reporting) CPUC
California Fire Code 2022 — Chapter 12 Energy Systems (previous edition) ICC Digital Codes
CA OSFM — Battery Energy Storage Systems (code development) CAL FIRE OSFM
CEC Opt-In Certification Program (AB 205) California Energy Commission

Check a specific system

For a proposal or a system you're evaluating, answer a few questions in BESScheck: you get the rules that apply here, a checklist of what to ask, and the sources behind each line.