Battery storage rules: Monterey County, CA
Two battery fires at neighboring sites in the county (an outdoor site in 2022, a legacy indoor plant in January 2025) are learning cases for the whole state. After the 2025 fire the Board proclaimed a local emergency. On Nov 18 2025 it received a report on an urgency moratorium without adopting one, and directed staff to fund a consultant to draft a county BESS ordinance, which is still in development.
Moratorium not adopted; county ordinance in development
On November 18, 2025 the Board received a report on an urgency moratorium on new battery storage and did not adopt one. It directed staff to look for funding for a consultant to draft a county ordinance. The county held a community meeting on March 18, 2026; in April 2026 its ordinance page listed community outreach and a draft under development, with no hearing dates. Ask the county for the current schedule. Monterey County Board of Supervisors, November 18, 2025, item PAR 25-018 (action record); County of Monterey, Battery Energy Storage Systems Ordinance page
Fire and building codes in force
- California state floor (CFC; SB 283 fire-authority consultation from Jan 1 2026)
- No county BESS-specific standards yet — a county ordinance is in development
- 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
No BESS-specific zoning yet: a project needs a discretionary Use Permit (inland, Title 21) or Coastal Development Permit (coastal zone, Title 20) plus CEQA review; in the coastal zone the Coastal Commission and Local Coastal Program also apply. The CEC AB 205 opt-in (≥200 MWh) remains available as the state bypass, and SB 254 (2025) streamlined it. Under SB 283, the county must condition approval on a fire inspection after installation and before operation, at the applicant's cost (PUC §8502).
Sources
- US EPA — Moss Landing Vistra battery fire response (cleanup timeline) US EPA
- Monterey County — Battery Energy Storage Systems Ordinance (in development) County of Monterey HCD
- SJSU Moss Landing Marine Labs — heavy-metal fallout study (peer-reviewed) San José State University
- ESRG — Elkhorn (PG&E Megapack) Fire Report PG&E / ESRG
- Tesla — First responder information (vehicles and energy products) Tesla first-responder resources
- Canary Media — Tesla grid battery fire shows young industry's failures and successes (Sept 28 2022) Canary Media (Julian Spector)
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.