Model Ordinance: Utility-Scale Battery Energy Storage Systems

Guidance for governments developing rules related to utility-scale battery energy storage systems development.

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This document is intended to provide guidance to local governments considering developing an ordinance or rules related to the development of utility-scale battery energy storage systems.

The recommendations and considerations included in this framework draw from a variety of sources including: national fire safety standards, guidance established by national energy laboratories, and existing state laws and local regulations.

The American Clean Power Association supports the adoption of NFPA 855, the national fire protection safety standard for grid-connected energy storage. This safety standard, developed by firefighters, fire protection professionals, and safety experts, provides comprehensive requirements and guidance on the design, installation, and operation of energy storage facilities for all site and community contexts.

It may not be appropriate for this Model Ordinance to be adopted precisely as it is written. It is intended to be advisory, and users should not rely upon it as legal advice. Local government officials are urged to seek legal advice from their attorneys before enacting a battery energy storage system ordinance. Local governments must consider how the language in this Model Ordinance may or should be modified to suit local conditions, comprehensive plans, existing land use and zoning provisions.

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