Moss Landing fire leads to emergency regulations

Less than a month after a BESS fire at the Moss Landing Energy Storage Facility in Monterey County, California, the Orange County Board of Supervisors enacted an ‘urgency ordinance’ to place a temporary moratorium permitting BESS facilities.

The fire at the Moss Landing Phase 1 project erupted at the 300 MW Phase I energy storage indoor facility on January 16 around 3 pm, causing evacuations of as many as 1,200 residents due to concerns over hazardous materials and potential chemical releases.

Few confirmed details about the fire have emerged since, but an update on February 5 from Monterey County, North County Fire Protection District, said the situation was stable. A spokesperson with the Monterey County Sheriff’s Office told local reporters that 40% of the battery storage system had burned at the time, with later reports indicating nearly all of the 300 MW Phase 1 had burned.

Politicians, including California Governor Gavin Newsom, supported calls for an independent investigation into the fire at the Vistra Energy-owned facility. At the same time, the California Public Utilities Commission (CPUC) has proposed to ‘enhance the safety of battery energy storage facilities’.

Adding to the events is environmental activist Erin Brockovich, who filed a lawsuit along with residents of Monterey County against Texas-based Vistra Energy and the utility Pacific Gas & Electric over the fire.

‘Urgency ordinance‘

In nearby Orange County, the local Board of Supervisors approved Vice Chair Katrina Foley’s Urgency Ordinance Moratorium on Permitting of Large-Scale Battery Energy Storage System (BESS) facilities in unincorporated Orange County.

This temporarily halts permits for large-scale BESS facilities in unincorporated areas. Vice Chair Katrina Foley introduced the moratorium, citing concerns about lithium-ion battery fires and their unique challenges for firefighters.

The ordinance requires the Orange County Public Works Department to collaborate with the Orange County Fire Authority (OCFA) to produce a comprehensive report. This report, due ten days before the moratorium’s expiration, must recommend measures to address hazardous conditions associated with BESS facilities.

Also making decisions was the city council of Morro Bay, located about 2 hours south of Moss Landing. According to The Tribune of San Luis Obispo, the Morro Bay council voted on Tuesday to impose a 45-day moratorium on either current projects or any new ones going ahead.

Along with local actions, state-level legislative responses are emerging. On January 23, 2025, State Assemblymember Dawn Addis, representing the Moss Landing district, introduced Assembly Bill 303 (Battery Energy Safety & Accountability Act). The bill proposes significant restrictions on BESS developments, including:

• Prohibiting BESS facilities of 200MWh or greater within 3,200 feet of sensitive receptors
• Restricting development on environmentally sensitive sites
• Repealing 2022 permitting reforms that had expedited state approvals for these facilities under California’s climate change initiatives

The American Clean Power Association has expressed concerns about the bill’s broad scope.

In addition, the California Public Utilities Commission (CPUC) has proposed further regulations for a March 13 voting meeting, which would, among other things: 1) implement Senate Bill (SB) 1383 to establish new standards for the maintenance and operation of battery energy storage facilities, and 2) increase oversight over emergency response action plans for battery energy storage facilities.

“If approved, the proposal will enhance the safety of battery energy storage facilities, which play a crucial role in California’s transition away from fossil fuels,” said the CPUC.

Recent fires in nearby San Diego also saw action taken by the local County, which opted for new BESS standards in the wake of a first 17-day fire but later refused a call to ban battery storage projects, while requiring all battery storage site applications to include details of fire safety properties related to project design, operation, and use, drawn up by a fire protection engineer, among other measures.

Safety, unusual circumstances

As covered on ESS News, the Moss Landing facility is unusual for its indoor enclosure, with BESS projects rarely housed in an enclosed facility today.

Data suggests 2024 has seen a continuing fall in the rate of BESS safety incidents over the years. Just five significant events occurred in 2024, with three in the US, one in Japan, and one in Singapore. Compared to the exponential growth in large-scale batteries installed around the globe, rates of incident have fallen to their lowest point in nearly a decade.