By Jondi Gumz
On Jan. 23, a week after the Vistra lithium battery storage plant fire in Moss Landing, Assemblymember Dawn Addis said she has introduced legislation to restore permitting for lithium battery storage to local communities.
“We believe deeply in the importance of the local community to have a voice in the process,” she said.
The bill, AB 303, would eliminate the state streamlining of lithium battery energy storage, systems (known as BESS) allowed by AB 205.
AB 205 was a budget trailer bill passed 64-13 by the Assembly in 2022 to speed up “clean energy projects” as state legislators pushed toward a goal set in 2018: Zero-carbon electricity by 2045.
The word “lithium” never appeared in AB 205.
Addis said AB 303 also would set limits on where lithium battery storage could be located, with a 3,200-foot setback from environmentally sensitive areas, in high-fire, high-flood zones, in the Monterey Bay National Marine Sanctuary, homes, schools and health care facilities.
“We have to protect this sensitive habitat, and our communities,” she said.
This is the fourth incident at the Moss Landing site and the third for Vistra’s facilities, she said.
Addis asked for an independent investigation into the cause of the fire by the California Public Utilities Commission, which she said has visited the fire site twice.
Addis asked the CPUC for “a fully transparent investigation into the root case, evaluate environmental and public health impacts and enact and enforce state safety standards for battery energy storage facilities.”
She also asked the CPUC to assess risks, provide actionable prevention recommendations and collaborate with the state Fire Marshal.
Addis said Assembly member Gail Pellerin, Sen. John Laird, and Gov. Gavin Newsom support an independent investigation as does Energy Commission Chairman David Hochschild, who visited the fire site twice.
Also visiting: Speaker Robert Rivas and the local Congressional delegation.
Responding to emergencies is much more expensive than prevention, Addis, said, noting $2.5 billion earmarked by the Legislature for the Los Angeles wildfires.
She said she’s received hundreds and hundreds of emails, calls and messages from concerned residents.
“Our true goal is to ensure safety for the community,” she said, not only in Moss Landing but in any other community where a battery energy storage system is planned.
“California must never have a disaster like this again,” she said.
Glenn Church: Other Batteries Safer
Monterey County Supervisor Glenn Church is leading an ad hoc committee to look at what else can be done to make sure an emergency such as this never happen again.
Monterey County Supervisor Glenn Church
“I absolutely support it,” said Church, referring to AB 303 and calling the current regulations on this relatively new industry “haphazard.”
He embraced the return to local control on permitting these energy plants and agreed an independent investigation is needed.
Church said the cleanup, after discussing it with North County Fire, will take weeks perhaps months.
“Safety is paramount concern,” he said, noting a possibility that moving debris, as lithium batteries are inherently unstable, could create smoke or flames. “That is the nature of this battery, and that is nature of why we are so concerned.”
He said monitoring equipment will be available, and may be for some time.
As for water and soil testing, that will be handled by Cal EPA, state Office Environment Hazard Assessment and the state Department of Toxic Substance Control.
“I think this is welcome news,” he said. “When we get results, we’ll reporting back.”
As for the technology, he said, “I understand this industry is essential for a sustainable future. We have to be able to stores batteries. We have to have protections.,, but we just can’t keep going ahead without the proper regulations…government regulations and control of this technology by industry is not up to where it should be.”
Church and Addis agree the Moss Landing plant should not restart until the cause of the fire is identified.
“This technology, it needs to be safe,” Church added. “These are not the only batteries. There are other batteries that can be used in situations like this. They may not be as effective but they’re a whole lot safer.”
TOP PHOTO: Assemblymember Dawn Addis, D- Morro Bay, speaking at a press conference on Jan. 23.