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AB 434

Battery energy storage facilities.

2025-2026 Regular Session Introduced by Carl DeMaio

Imposes a 2028 moratorium on large battery storage approvals and requires the State Fire Marshal to set safety standards to prevent fires and protect communities.

Re-referred to Com. on U. & E.
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Bill Summary · AB 434

AB 434 — Safe and Secure Battery Storage Act (DeMaio) — Summary

Status: Re-referred to Committee on Utilities & Energy (U. & E.) — introduced Feb 5, 2025; most recent action Apr 3, 2025.

Purpose

AB 434 creates statewide minimum safety rules and a temporary pause on approvals for large battery energy storage projects to reduce fire risk and protect nearby communities. It also removes battery-based storage from certain existing state siting provisions that streamline approval of large energy facilities.

Key provisions

  • Names the measure the “Safe and Secure Battery Storage Act.”
  • Definitions:
    • “Battery energy storage facility” — commercial energy storage using batteries with capacity of 200 megawatt‑hours (MWh) or more (onsite or offsite use).
    • “Public agency” — state/local governments and political subdivisions.
  • Moratorium on authorizations:
    • Prohibits any public agency from authorizing construction of a battery energy storage facility until January 1, 2028.
  • State Fire Marshal (SFM) standards:
    • Requires the State Fire Marshal, on or before January 1, 2028, to adopt guidelines and minimum construction standards to prevent fires and protect communities from hazards posed by battery energy storage facilities.
  • Post‑moratorium approval conditions:
    • Beginning January 1, 2028, any public agency that authorizes construction of a battery energy storage facility must require the facility to comply with the SFM’s guidelines and minimum standards, or with more stringent standards set by the public agency.
  • Removes battery storage from certain streamlined state certification provisions:
    • Amends Public Resources Code definitions so that energy storage systems capable of storing 200 MWh or more that use batteries are excluded from a category of “eligible facilities” previously subject to the State Energy Resources Conservation and Development Commission (CEC) site certification process (i.e., the bill distinguishes between battery and non‑battery storage for streamlined siting).

Who is affected

  • Developers and owners of large battery storage projects (≥200 MWh)
  • Utilities and grid operators relying on battery storage resources
  • Local and regional permitting authorities and public agencies that authorize construction
  • State Fire Marshal (new rulemaking duty)
  • California Energy Commission (changes to scope of eligible facilities)

Timeline & legislative process

  • Introduced: Feb 5, 2025
  • Key deadline in bill: Jan 1, 2028 (moratorium end; SFM must adopt standards by this date)
  • Current status (Apr 3, 2025): Re‑referred to Committee on Utilities & Energy after amendments.

Fiscal and administrative notes

  • The bill would impose additional duties on local agencies (a state‑mandated local program). However, it declares no state reimbursement is required under the California Constitution because local agencies have authority to levy fees to cover mandated costs.

Potential impacts and considerations

  • Short‑term: delays or suspensions of planned large battery projects until SFM standards are adopted; uncertainty for developers and utilities.
  • Safety benefits: establishes statewide construction and fire‑prevention minimums to address documented fire and thermal‑runaway risks associated with large battery installations.
  • Planning/permit effects: shifts some siting/approval processes back to local/public agencies with mandatory safety standards rather than relying on the prior state certification pathway for eligible facilities that used to include large storage.
  • Costs: potential increased compliance costs for new projects to meet SFM or stricter local standards.

This summary highlights the bill’s substantive changes and likely effects; readers should consult the full bill text and legislative analyses for legal details and updates as the bill advances.

Compiled from official sources — confirm details with the bill’s official record.

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