This bill would require that an application submitted to the Energy Commission after January 1, 2026, in accordance with the above-described provisions relating to certification of facilities by the Energy Commission, and an application submitted to a local jurisdiction, as defined, for an energy storage system, include the applicant’s certification that the energy storage system is designed in accordance with the most recently published edition of the NFPA 855 Standard, except as specified, and, at least 30 days before submitting the application, that the applicant met and conferred with the local fire department responsible for fire suppression in the area where the energy storage system is proposed, as provided. The bill would also prohibit the approval of those applications unless the local jurisdiction requires as a condition of approval that the energy storage system is constructed, installed, commissioned, operated, maintained, and decommissioned in accordance with the NFPA 855 Standard, that after installation is complete, but before commencing operations, the energy storage system is inspected by the local fire department responsible for fire suppression where the system is located or by a representative or designee of the State Fire Marshal, and that the applicant bear the cost of the inspection. The bill would authorize a state or local entity to approve the construction of an energy storage system only if it is located in a dedicated-use noncombustible building or it is an outdoor installation. By imposing additional duties on local officers, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.