California Battery Energy Storage Systems Legislation Update: Safety Requirements and AB 205 “Opt-In” Procedures Amended – The National Law Review

Report on California’s 2025 Regulatory Advancements for Battery Energy Storage Systems and Sustainable Development Goals

Introduction: Aligning Energy Infrastructure with Sustainable Development

The year 2025 marked a critical period for the regulation of Battery Energy Storage Systems (BESS) in California. Following a significant safety incident, the state enacted a series of legislative and administrative measures designed to balance rapid technological deployment with public safety and environmental protection. These developments are directly aligned with several United Nations Sustainable Development Goals (SDGs), primarily SDG 7 (Affordable and Clean Energy), SDG 9 (Industry, Innovation, and Infrastructure), SDG 11 (Sustainable Cities and Communities), and SDG 13 (Climate Action). This report outlines the key events, regulatory changes, and their implications for California’s sustainable energy future.

Incident and Initial Response

A catastrophic fire in January 2025 at a 300-megawatt (MW) BESS facility in Moss Landing, Monterey County, served as a catalyst for regulatory review. The immediate legislative reaction was Assembly Bill (AB) 303, which proposed a ban on utility-scale BESS near sensitive receptors. Although this bill did not pass, it initiated a statewide dialogue on ensuring the safety of energy infrastructure, a key component of building resilient communities as outlined in SDG 11.

State-Level Investigation and Policy Evolution

Subsequent investigations by the California Public Utilities Commission (CPUC) and other agencies found no significant long-term environmental impacts from the fire. In a move to bolster infrastructure resilience (SDG 9), the CPUC adopted modifications to its General Order (GO) 167 in March 2025, introducing new safety standards for BESS. Concurrently, state leadership, including Governor Newsom and Senator John Laird, publicly affirmed their support for energy storage as a vital tool for achieving clean energy goals (SDG 7). The Governor’s Office of Business and Economic Development (GO-Biz) launched initiatives, including a “Clean Energy Permitting Playbook,” to address local permitting challenges and accelerate the deployment of sustainable energy projects.

Legislative Framework for Safe and Sustainable BESS Deployment

Three key pieces of legislation were enacted to create a robust framework for BESS development, directly supporting California’s commitment to the SDGs.

SB 283: The Clean Energy Safety Act of 2025

This act strengthens local oversight and fire safety, ensuring that the development of clean energy infrastructure under SDG 7 and SDG 9 does not compromise community safety as per SDG 11. Key provisions include:

• Requiring project applicants to consult with local fire authorities on safety and emergency plans prior to application submission.
• Mandating that operations cannot begin until a post-construction inspection is completed by fire authorities.
• Directing the State Fire Marshal to propose building code amendments to enhance the safety of energy storage system locations.
• Making local project approvals contingent upon completed inspections and documented consultations.

SB 254: Expediting Clean Energy Projects

Effective immediately upon signing, this urgency bill introduces measures to streamline the approval process for clean energy projects, accelerating progress towards SDG 7 and SDG 13. Its contributions to BESS development include:

• Establishing a process for the California Energy Commission (CEC) to adopt a Program Environmental Impact Report (PEIR) to streamline environmental reviews for certain classes of projects.
• Amending the CEC’s “Opt-In” Certification Procedure to allow for more flexible environmental declarations and remove certain requirements for findings of public necessity.
• Requiring the CEC to establish clear application requirements and time targets to expedite permit processing.

AB 1285: Enhancing Emergency Response and Safety Protocols

This bill focuses on the health and safety of emergency personnel and the public, reinforcing the principles of SDG 11. It mandates:

• The State Fire Marshal, in collaboration with the Office of Emergency Services, to develop best practices for fire prevention and response at utility-scale lithium-ion BESS facilities.
• Facility owners and operators to establish systems for timely and accurate information sharing with local emergency and public safety agencies during incidents.

Progress Towards Global and State Climate Action Goals

In November 2025, Governor Newsom announced that California has achieved one-third of the energy storage capacity required to meet its 2045 clean energy targets. This milestone demonstrates significant progress in climate action (SDG 13). Furthermore, California became the first subnational government to join the Global Energy Storage and Grids Pledge, solidifying its leadership role in the global transition to sustainable energy.

Forward Outlook

Ongoing efforts, including the EPA-led cleanup at Moss Landing and forthcoming updates to the NFPA 855 standard and the California Fire Code in 2026, indicate a commitment to continuous improvement. The legislative and regulatory actions of 2025 have established a comprehensive framework that supports the rapid expansion of BESS technology while prioritizing safety, community well-being, and environmental stewardship, thereby advancing California’s progress on multiple Sustainable Development Goals.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

1. SDG 7: Affordable and Clean Energy
   • The entire article revolves around Battery Energy Storage Systems (BESS), which are critical infrastructure for enabling a reliable supply of clean energy from renewable sources like solar and wind. The text explicitly mentions California’s efforts to meet its “clean energy goals” and the state’s “record growth in battery storage.”
2. SDG 9: Industry, Innovation and Infrastructure
   • The article discusses the development, regulation, and safety of large-scale energy infrastructure (BESS facilities). It details new legislation (SB 283, SB 254) aimed at creating resilient and sustainable infrastructure by establishing safety standards, streamlining permitting, and ensuring proper oversight.
3. SDG 11: Sustainable Cities and Communities
   • The catalyst for the regulatory changes was a “catastrophic battery storage facility fire” in Moss Landing. The article highlights community safety concerns, such as the proposed ban on BESS near “sensitive receptors” and investigations into “water and soil contamination.” The new laws focus on fire safety, emergency response, and mitigating the environmental and health impacts on local communities.
4. SDG 13: Climate Action
   • The development of energy storage is a direct climate action strategy. The article states that the energy storage capacity is needed “to meet California’s clean energy goals,” which are designed to combat climate change by transitioning away from fossil fuels.
5. SDG 17: Partnerships for the Goals
   • The article mentions that California is the “first subnational to join the Global Energy Storage and Grids Pledge.” This demonstrates a partnership and commitment at a global level to achieve shared energy and climate goals.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Under SDG 7 (Affordable and Clean Energy):
   • Target 7.2: By 2030, increase substantially the share of renewable energy in the global energy mix. The article supports this target by discussing the expansion of BESS, which is essential for integrating intermittent renewable energy sources into the grid and achieving California’s clean energy goals.
   • Target 7.a: By 2030, enhance international cooperation to facilitate access to clean energy research and technology… and promote investment in energy infrastructure and clean energy technology. California joining the “Global Energy Storage and Grids Pledge” is a direct example of cooperation to advance clean energy infrastructure.
2. Under SDG 9 (Industry, Innovation and Infrastructure):
   • Target 9.1: Develop quality, reliable, sustainable and resilient infrastructure. The legislative efforts described, such as SB 283 (Clean Energy Safety Act) and updates to the California Fire Code, are focused on making BESS infrastructure safer and more resilient against failures like the Moss Landing fire.
3. Under SDG 11 (Sustainable Cities and Communities):
   • Target 11.6: By 2030, reduce the adverse per capita environmental impact of cities. The investigations into “water and soil contamination” and the EPA’s cleanup of the Moss Landing site are actions aimed at managing and reducing the negative environmental impacts of energy infrastructure on communities.
   • Target 11.b: By 2020, substantially increase the number of cities and human settlements adopting and implementing integrated policies and plans towards… resilience and disaster risk reduction. The new state laws (SB 283, AB 1285) mandate fire safety consultations, inspections, and the development of best practices for emergency response, which are forms of disaster risk reduction and resilience planning.
4. Under SDG 13 (Climate Action):
   • Target 13.2: Integrate climate change measures into national policies, strategies and planning. The article showcases how California is integrating climate measures into its state-level policies through legislation that supports the safe and rapid deployment of BESS to meet its clean energy targets.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. Energy Storage Capacity:
   • The article provides a direct quantitative indicator by stating California has “built one-third of the energy storage capacity estimated to be needed by 2045.” This measures progress towards Target 7.2. It also mentions the global target of deploying “1,500 gigawatts of energy storage.”
2. Implementation of Safety Regulations:
   • The passage and effective dates of SB 283, SB 254, and AB 1285 serve as indicators of progress in developing resilient infrastructure (Target 9.1) and implementing disaster risk reduction plans (Target 11.b). The mandate for fire authority inspections before operation is a specific, measurable action.
3. Permitting Efficiency:
   • SB 254 adds “specific time targets for the CEC to process applications to meet the existing target to complete environmental review within 270 days.” This provides a clear metric for measuring the efficiency of infrastructure development processes.
4. Environmental Remediation:
   • The mention of the “EPA is proceeding with cleanup of the Moss Landing site” implies an indicator for progress on Target 11.6. The completion of this cleanup can be tracked to measure the mitigation of adverse environmental impacts.
5. Global Partnership Participation:
   • The fact that California “is now the first subnational to join the Global Energy Storage and Grids Pledge” is a clear indicator of participation in global partnerships (SDG 17).

Summary of SDGs, Targets, and Indicators

Source: natlawreview.com