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ARTICLE · 08 DECEMBER 2023

Making Battery Storage Systems Safer, With Mandatory Emergency Response And Safety Plans

Cox, Castle & Nicholson
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In October, Governor Newsom signed Senate Bill 38 ("SB 38"), which amends Section 761.3 of the California Public Utilities Code to add safety requirements...

United StatesEnergy and Natural Resources
Linda C. Klein
Linda C. Klein
Anne E. Mudge
Anne E. Mudge
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In October, Governor Newsom signed Senate Bill 38 ("SB 38"), which amends Section 761.3 of the California Public Utilities Code to add safety requirements for battery energy storage projects. The bill is a response to safety concerns about such projects, and in particular, a fire that broke out in September 2022 at the Elkhorn Battery Storage Facility.1 SB 38 aims to balance the need for battery energy storage—a vital component to the reliability of the electric system and the ability to integrate renewable energy into the grid—and the desire to make battery storage even safer for workers, first responders, and community members.

Battery energy storage systems are already highly regulated under Chapter 12 of the California Fire Code. These regulations set strict standards for installation and operation of such systems, including internal fire detection and suppression systems and require hazard assessments prior to commercial operation. SB 38 goes further and

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