SAN BENITO COUNTY
AGENDA ITEM
TRANSMITTAL FORM

PUBLIC HEARING

Note: The attached document, titled “Summary of Changes,” identifies the revisions made to the draft BESS Ordinance since its initial draft in June 2026 through the October 21, 2026, San Benito County Planning Commission meeting.

The Board of Supervisors adopted a moratorium on the processing of new and existing BESS applications on March 10, 2026, while the County evaluated appropriate land use, safety, environmental, and operational regulations for BESS facilities. The Board subsequently extended the moratorium for an additional 45 days on April 28, 2026, and further extended the moratorium on June 9, 2026, for an additional 10 months and 15 days, pursuant to applicable Government Code provisions.

Consistent with the Board of Supervisors’ direction, staff presented the draft BESS Ordinance at a public hearing before the Planning Commission on June 17, 2026. The staff report for that meeting provided an overview of the proposed ordinance, including land use and siting standards; battery chemistry and technology; safety standards and certifications; impact mitigation measures; monitoring requirements; and decommissioning requirements.

During its deliberations on June 17, 2026, the Planning Commission directed staff to further evaluate the potential inclusion of restrictions on specific battery chemistries and technologies, including the potential prohibition of Nickel Manganese Cobalt (NMC) batteries. The Commission also requested additional mapping exhibits to better illustrate the effects of the proposed BESS exclusion areas and other proposed sitting restrictions.

Specifically, the Planning Commission requested mapping depicting:

• Prime Farmland;
• Farmland of Statewide Importance;
• Farmland of Local Importance;
• Fire Hazard Severity Zones;
• The proposed one-half-mile setback from the City of Hollister;
• The proposed one-half-mile setback from the City of San Juan Bautista;
• Spheres of Influence (SOIs); and
• Census Designated Places (CDPs)

The Planning Commission further requested a composite map combining these restrictions to better illustrate the cumulative effect of the proposed BESS exclusion areas and provide a clearer understanding of the areas that would remain potentially eligible for BESS development under the proposed ordinance. The Planning Commission continued consideration of the ordinance to the August 19, 2026, Planning Commission meeting for further consideration and potential recommendation to the Board of Supervisors. Pending the Planning Commission's recommendation, the proposed ordinance would be scheduled for consideration by the Board of Supervisors at a future meeting.

San Benito County Planning Commission August 19, 2026:

In response to the Planning Commission's direction on June 17, 2026, staff made the following updates for consideration at the August 19, 2026, San Benito County Planning Commission Meeting:

1. Battery Chemistry – Nickel Manganese Cobalt Restriction

The draft BESS Ordinance has been revised to include a specific prohibition on Nickel Manganese Cobalt (NMC) battery chemistry.

The proposed prohibition is located in Section 25.08.032(E)(1) – Battery Chemistry Technology of the attached draft ordinance. Section E.1 provides that BESS facilities regulated under the ordinance shall not utilize NMC battery chemistry or battery technology utilizing Nickel Manganese Cobalt.

This provision was added in response to the Planning Commission's June 17, 2026 direction to evaluate restrictions on specific battery chemistries. The existing battery-technology provisions are intended to minimize the risk of thermal runaway and require documentation evaluating the proposed battery technology's risk of thermal runaway.

2. Updated BESS Exclusion Area Mapping

Staff has prepared additional mapping in response to the Planning Commission's direction. The mapping illustrates the geographic effect of the proposed BESS exclusion criteria, including:

• Prime Farmland;
• Farmland of Statewide Importance;
• Farmland of Local Importance;
• Fire Hazard Severity Zones;
• The proposed one-half-mile setback from the City of Hollister;
• The proposed one-half-mile setback from the City of San Juan Bautista;
• Spheres of Influence (SOIs); 
• Census Designated Places (CDPs); and
• Zoning.

A composite map has also been prepared to show the cumulative effect of these proposed restrictions and provide the Planning Commission with a clearer understanding of the areas that would remain potentially eligible for BESS development.

3. Ad hoc for Draft BESS Ordinance

At the regular meeting of the August 19, 2026, San Benito County Planning Commission, the planning commission created an Ad hoc to review the draft BESS ordinance. The BESS ordinance ad hoc committee consists of Planning Commissioners Vincent Ringheden and Robert Gibson; members of the public Laren Cyphers, Leslie Austin, and Ron Cheshire; and County staff from the Planning Department, Fire Department, and County Counsel’s Office.

Friday, August 28, 2026 First BESS Ad hoc Meeting:

The first ad hoc meeting for the BESS Ordinance was held on Friday, August 28, 2026, less than 10 days after it was formed.  The following discussion and actions were taken at this meeting:

1. Section 25.08.032(B) Definitions. The ad hoc discussed adding the definition of “Battery” and indicated that other jurisdictions including Orange County have a good definition for Battery. The definition for battery was added to the draft ordinance.
2. Section 25.08.032(B) Definitions. Behind the Metter (BTM) Battery Energy Storage System.  The ad hoc discussed that certain BTM uses may exceed 80 kilowatt-hours (kwh). Therefore, it was discussed that where a BTM BESS has a capacity exceeding 80 kwh, all electrical work associated with the installation shall be performed by a contractor properly licensed under the applicable California contractor licensing requirements, including a C-10 Electrical Contractor, as required by law. This language was included in the BTM BESS definition in Section 25.08.032(B).  Section 25.08.032(C) “Applicability” also includes this requirement as indicated in number 6 below.

3. Section 25.08.032(B) Definitions. The ad hoc discussed adding the definition of “cell” and indicated that other jurisdictions including Orange County have a good definition for cell. The definition for cell was added to the draft ordinance.
4. Section 25.08.032(B) Definitions. Decommissioning.  The ad hoc discussed deleting the draft definition for “decommissioning” and replace it with a definition of decommissioning as defined in both Vacaville and Orange County. The definition has been replaced.
5. Section 25.08.032(B) Definitions. Sensitive Receptor.  The ad hoc discussed deleting the word “residences” from the sensitive receptor draft definition. The word "residences" has been deleted.
6. Section 25.08.032(C)(2). The ad hoc discussed that certain BTM uses may exceed 80 kilowatt-hours (kwh). Under the “Applicability” section of the draft ordinance, where it indicates that the requirements of Section 25.08.032 shall not apply to behind the meter BESS, language was added to indicate “unless the BTM BESS system has a capacity exceeding 80 kwh.”
7. Section 25.08.032(C)(3). The ad hoc discussed adding language requiring work by a contractor with a C-10 license.  Under the “Applicability” section of the draft BESS ordinance, language was added to include that “all electrical work involving the installation, assembly, testing, commissioning, maintenance, repair, retrofitting, and decommissioning on BESS systems of 80kwh capacity or larger is to be done under a contractor with a C-10 license.”
8. Section 25.08.032(C)(4). The ad hoc discussed adding language requiring a minimum percentage of workers to have Energy Storage and Microgrid Training and Certification (ESAMTAC) certification. Under the “Applicability” section of the draft BESS ordinance, language was added to include that “A minimum of twenty (20) percent of the onsite workers performing electrical work involving the installation, assembly, testing, commissioning, maintenance, repair, retrofitting, and decommissioning on a BESS system shall hold an Energy Storage and Microgrid Training and Certification (ESAMTAC) certification.”
9. Section 25.08.032(D)(1)(a) Agricultural District Exception.  It was discussed at the ad hoc that the draft language in the agricultural district exception where BESS would not be allowed should apply to the BESS facility itself, rather than to all areas disturbed by construction or related improvements as indicated in the draft BESS ordinance. Applying the standard to roads, staging areas, interconnection facilities, and other disturbed areas could effectively function as a de facto prohibition rather than a reasonable standard. Therefore, the phrase “including all areas disturbed by construction, access roads, interconnection facilities, staging areas, and related improvements” was removed from this section.
10. Section 25.08.032(D)(3) Setbacks. This section requires that BESS facilities shall comply with all current state and National Fire Protection Association (NFPA) 855 requirements related to setbacks and buffers for BESS and shall also meet County requirements. Where NFPA 855, state, and County standards differ, the more stringent standard shall apply. The phrase “These setback requirements can be increased at the discretion of the Board of Supervisors based on technical studies required as part of the application” was recommended to be deleted by the ad hoc.  It was discussed that this provision is not practical at the Conditional Use Permit (CUP) stage because the BESS layout, environmental review, and EIR process would have already been completed based on established setback standards. Allowing the Board to subsequently increase setbacks could require the project to be redesigned and potentially undo substantial work already completed to reach entitlement consideration.
11. Section 25.08.032(D)(3)(f). The ad hoc discussed changing a minimum setback of a half (1/2) mile or 2,640 feet to one thousand (1,000) feet from the boundary of any incorporated city, adopted Sphere of Influence of any incorporated City, or Census Designated Place (CDP). The change has been implemented.
12. Section 25.08.032(E)(3) Owner Responsibility for Thermal Runaway. It was discussed at the ad hoc that in the unfortunate case of a thermal runaway or other hazardous incident, BESS facility owners prepare a post-incident environmental sampling plan, which may cover soil, surface water, and ambient air impacts, for approval by the County and implementation by the owner using an independent third-party consultant. BESS facility owners shall reimburse San Benito County and any of its departments for all documented costs associated with the County's review of the environmental investigations, remediation plans, and reports that might be required by this section. The information in this section has been provided.
13. Section 25.08.032(G)(1)(a). The ad hoc agreed to move the requirement of certain plans, reports, and analyses required under this section from the Conditional Use Permit (CUP) entitlement stage to the period prior to issuance of a building permit. At the CUP application stage, the battery technology, specific equipment locations, and vendor may not yet be known. Requiring this information prior to building permit issuance allows the County to receive the same information when it is accurate and project-specific, while maintaining an approach consistent with other counties.
14. Section 25.08.032(G)(1)(a)(i). Same as number 13 above, the preliminary emergency response plan that includes site access, equipment locations and potential hazards for responders will be required at the building permit stage and not at the CUP entitlement stage.
15. Section 25.08.032(G)(1)(a)(vi). It was discussed at the ad hoc committee meeting to strike the following provision: “A financial assurance plan, including a battery cell manufacturer responsibility agreement and liability insurance policy for thermal runaway events and other hazardous incidents.” It was discussed that a battery cell manufacturer is unlikely to enter into a novel responsibility agreement of this nature, and the County does not have the ability to compel a manufacturer to do so. Additionally, Section E.3 of the Financial Assurance Plan already establishes the owner’s responsibility for costs associated with thermal runaway. Therefore, retaining both provisions is unnecessary and duplicative. The language has been stricken from the draft ordinance.
16. Section 25.08.032(G)(1)(b)(i - vi). It was discussed at the ad hoc committee meeting that the technical studies required per this section would be prepared by the applicant and submitted to the County and the County shall retain a qualified independent peer reviewer to review the technical studies, with the costs of the peer review paid by the BESS facility owner or applicant. The language has been implemented.
17. Section 25.08.032(H) Decommissioning. It was discussed at the ad hoc committee meeting that the decommissioning section of the draft BESS ordinance be replaced by using examples in jurisdictions including language in the decommissioning ordinance of the City of Vacaville and Orange County. The decommissioning section has been replaced.

Friday, September 11, 2026, Second BESS Ad hoc Meeting

The second Ad Hoc Committee meeting for the BESS Ordinance was held on Friday, September 11, 2026. During this meeting, the proposed revisions and topics discussed at August 28, 2026, Ad Hoc Committee meeting, which had since been incorporated into the draft ordinance, were reviewed. The following discussions and actions took place during the September 11, 2026, meeting:

1. Section 25.08.032(J) Development Agreement and Community Benefit Agreement.

The BESS ad hoc committee discussed incorporating language into the draft ordinance requiring that the construction and operation of a Battery Energy Storage System (BESS) facility provide an overall net positive economic benefit to San Benito County. This language was initially included in Section 25.08.032(H), “Mitigation Measures.” During a subsequent BESS Ad Hoc Committee meeting held on September 16, 2026, the Committee discussed relocating this provision to Section 25.08.032, “Permitting,” as subsection (J), under the heading “Development Agreement and Community Benefit Agreement.” This subsection would require BESS projects of consequential scale to enter into a development agreement that provides enforceable community benefits to San Benito County. Potential economic benefits may include, but are not limited to, employment growth; infrastructure and environmental improvements; assistance to public safety agencies and departments; property tax and sales and use tax revenues; and contributions to County initiatives or projects that benefit the community.

2. Section 25.08.032 (I) Permitting. Community Meeting Requirements.

The BESS ad hoc committee discussed incorporating community meeting requirements into the ordinance. Prior to a formal project submittal, the applicant is responsible for arranging the community meeting venue and presenting the project to the community.  Meetings shall occur at a publicly accessible venue within the County of San Benito, preferably at the project site or within a one-mile radius of the site. The language was added to the draft BESS Ordinance in Section 25.08.032(I)(2).

3. Section 25.08.032(B) Definitions. Tier 1, Tier 2, and Tier 3.

The BESS Ad Hoc Committee discussed establishing a tiered permitting structure for BESS facilities based on their aggregate nameplate energy storage capacity, as follows:

Tier 1 – Small-Scale BESS: A BESS facility with an aggregate nameplate energy storage capacity greater than 80 kilowatt-hours (kWh) but less than 1,000 kWh. Tier 1 BESS facilities would be subject to an Administrative Use Permit.

Tier 2 – Mid-Scale BESS: A BESS facility with an aggregate nameplate energy storage capacity of 1,000 kWh (1 megawatt-hour [MWh]) or greater but less than [100 MWh / __ MWh]. Tier 2 BESS facilities would be subject to a Conditional Use Permit.

Tier 3 – Large-Scale BESS: A BESS facility with an aggregate nameplate energy storage capacity of [100 MWh / __ MWh] or greater. In addition to all requirements applicable to Tier 2 BESS facilities, Tier 3 BESS facilities would be subject to a Development Agreement pursuant to Section 25.08.032(J).

BESS facilities with an aggregate nameplate energy storage capacity of 80 kWh or less that qualify for the exemption under Section 25.08.032(C)(2) would not be classified under the tiered permitting structure but would remain subject to all applicable building, fire, electrical, and safety codes.

Wednesday, September 16, 2026, Third BESS Ad hoc Meeting

The third Ad Hoc Committee meeting for the BESS Ordinance was held on Wednesday, September 16, 2026. This meeting was scheduled to include only County staff and the Planning Commissioners appointed to the Ad Hoc Committee. During the meeting, the proposed revisions and topics discussed on September 11, 2026, ad hoc Committee meeting were further reviewed and discussed. The Committee also requested that the draft BESS Ordinance be provided to Energy Storage Specialist and Fire Consultant Mike Nicholas, a retired Captain/Assistant Fire Marshal, for his review and input. Mr. Nicholas graciously reviewed the draft ordinance and provided comments. As of the date of this summary, the Ad Hoc Committee has not yet had an opportunity to review or discuss Mr. Nicholas’ comments.

Summary:

The development of the County's draft BESS regulatory framework has progressed through the following general schedule:

• March 10, 2026: The Board of Supervisors adopted a moratorium on the processing of new BESS applications while the County evaluated appropriate regulations for BESS facilities.
• April 28, 2026: The Board of Supervisors extended the BESS moratorium for an additional 45 days.
• June 9, 2026: The Board of Supervisors further extended the BESS moratorium for an additional 10 months and 15 days pursuant to applicable Government Code provisions.
• June 17, 2026: The Planning Commission held a public hearing on the draft BESS Ordinance. The Commission provided direction regarding additional battery chemistry restrictions, including consideration of prohibiting NMC battery technology, and requested additional mapping and a composite map showing the cumulative effect of the proposed BESS exclusion areas.
• August 19, 2026: The Planning Commission considered the updated draft ordinance, including the proposed NMC battery chemistry prohibition and updated BESS exclusion area mapping, and continued consideration of the ordinance to the October 21, 2026, Planning Commission meeting for further consideration and potential recommendation to the Board of Supervisors and created an Ad hoc to review the draft BESS ordinance.
• August 28, 2026: The first ad hoc meeting for the draft BESS ordinance was held on Friday, August 28, 2026, less than 10 days after the ad hoc committee was formed. 
• September 11, 2026: The second ad hoc meeting for the draft BESS ordinance was held on Friday, September 11, 2026.
• September 16, 2026: The third ad hoc meeting for the BESS ordinance was held on Wednesday, September 16, 2026.
• October 21, 2026: The Planning Commission is scheduled to consider the draft BESS Ordinance at its regular meeting on October 21, 2026. At its August 19, 2026, regular meeting, the Planning Commission continued consideration of the draft ordinance to October 21, 2026, as a date certain, and established an Ad Hoc Committee to further review and discuss the proposed ordinance.

1. Staff recommends that the Planning Commission of the County of San Benito approve the attached resolution hereby recommending that the Board of Supervisors adopt the attached proposed ordinance amending San Benito County Code Title 25 (Zoning) including Chapters 25.03 (Zoning Map and Zoning Districts) and 25.08 (Standards for Specific Uses) adding section 25.08.032 (Battery Energy Storage Systems), as identified in Attachment A of this resolution; and 

2. Direct Staff to present the second reading of the ordinance and drafted amendments to the Board of Supervisors.