The American Clean Power Association wants to ensure that energy storage technology systems are built and maintained safely and securely.

To this end, the Portland, Ore.-based industry association published a model ordinance framework providing comprehensive guidance for state and local governments on how to promulgate rules related to the development and operation of utility-scale battery energy storage systems.

The recommendations and considerations included in ACP’s model ordinance draw from a variety of sources, including national fire safety standards such as NFPA 855 and UL 9540, guidance established by national energy laboratories, and existing state laws and local regulations.

“The energy storage industry has consistently been on the forefront of promoting and demonstrating excellence in safety and reliability,” Frank Macchiarola, ACP’s chief policy officer, said in a June 27 press release. “These efforts build upon that work and represent the most expansive and meaningful efforts to date in promoting the adoption of the latest national safety standards, as well as the development of rigorous and reasonable rules for the development and operation of battery energy storage resources.”

“These resources ensure communities can responsibly facilitate the deployment of energy storage and benefit from the technology’s unique ability to boost grid reliability and lower energy costs,” Macchiarola said.

ACP’s model ordinance includes policy language for incorporation or adoption by state and local governments related to the issues of permitting procedures, siting standards, land-use and zoning, safety and equipment certifications, environmental compliance and decommissioning.

In the announcement, ACP members—more than 800 energy storage, wind, utility-scale solar, clean hydrogen and transmission companies—also reaffirmed the industry’s commitment to coordinate closely with fire officials throughout the development and lifetime operation of projects. This includes regular and transparent communication, training and site visits to foster partnerships that enhance coordination and maintain safety during the life of an energy storage facility.  

The association emphasized that it may not be appropriate for the model ordinance to be adopted precisely as it is written. Local governments must consider whether the language should be modified to suit local conditions, comprehensive plans, existing land use and zoning provisions.

The model ordinance is intended to be advisory, and users should not rely upon it as legal advice. Local government officials are urged to seek legal advice from their attorneys before enacting a battery energy storage system ordinance.