Attachment B - BESS Draft Regulations and Comparison Handout
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BESS (Battery Energy Storage Systems) Regulations Comparison Regulatory Conditions Goodyear (Proposed) Buckeye Mesa Maricopa County Definition Assembled devices, energy storage distribution, associated equipment Utility-scale Principal use greater than 5,000kW; accessory use less than 5,000kW Utility-scale designed for energy market/grid services Where Allowed Special use in I-1/I-2; Residential applications exempt CUP in AG/R1-43; Permitted in I-1/I-2 Principal use in GI and HI w/ PAD overlay; accessory allowed in AG, Res, Com, MU Principal use w/ POD in IND-2 and IND-3 Separation 500’ from Res/Sensitive Uses; 150’ from Commercial & Industrial 150’ from Residential 1,000’ from Res/Sensitive Uses; 150’ from Commercial & Industrial 100’ feet from lot line Site & Bldg. Design Setbacks, screening, underground utilities, building mass/height limits Enforce UL 9540 and NFPA 855 Standards; screening; height exceptions for utilities; landscaping Setbacks, screening, underground utilities (if necessary), building mass/height limits Baseline standards subject to POD process Noise Hazard mitigation analysis (people/environment) Hazard mitigation analysis (people/environment) Baseline + post-construction + annual monitoring; mitigation Baseline standards subject to POD process Operation Plan Emergency response plan; decommissioning plan; Enforce UL 9540 and NFPA 855 Standards decommissioning plan; Enforce UL 9540 and NFPA 855 Standards Emergency response plan and decommissioning plan Baseline standards subject to POD process * Additional BESS Regulations Approved or Under development/public evaluation: Eloy (approved), Yavapai Co. (approved), Surprise (development/evaluation), 3.5.40. Battery Energy Storage System (BESS) Battery Energy Storage Facility regulations are intended to protect the health, welfare, safety, and quality of life for the public, to ensure compatible land uses in the areas affected by energy storage facilities, and to mitigate the impacts of these facilities on the environment. A. Applicability. The requirements of this Section shall apply to all utility-scale BESS facilities permitted, installed, or modified after the effective date, excluding general maintenance and repair. Utility-scale BESS facilities constructed or installed prior to the effective date are not required to meet the requirements of this Section. Modifications to, retrofits or replacements of an existing BESS that increases the total energy storage system designed discharge duration or power rating shall be subject to the requirements of this Section. The development standards contained within this Section and the development standards contained within this Ordinance, when applied to a BESS Facility, may not be modified. Behind the meter BESS systems are exempt from the requirements of this Section. B. Development Standards 1. Setbacks. a. All BESS modules and/or equipment will be separated from any existing or planned residential properties by a minimum 500 feet measured from the BESS facility to one of the following: i. The closest building setback line of any platted residential lot; or ii. The property line of any residentially zoned property which is not platted; or iii. Any church, park, school, or other sensitive use as determined by the Development Services Director. b. A minimum distance of 150 feet from any BESS module to the nearest property line of any property zoned for commercial or industrial. 2. The project must be planned and developed in a way that maximizes retention of native vegetation, topsoil, and landforms. Areas cleared during construction that are not needed for site operations must be revegetated. 3. A 30-foot-wide fire rated access road must encircle the entire module array inside a security perimeter fence. There must be a minimum of two entrances to the access road. 4. Screening. All BESS facilities, substations and related equipment, whether private or public, shall meet all of the following standards: a. BESS modules shall be fully screened to a minimum height of ten (10) feet and shall not be visible from any nonparticipating occupied structure or public right-of-way. b. Substations shall be fully screened to a height of at least one (1) foot above the tallest piece of groundmounted equipment excluding poles. c. If the required screen wall exceeds 10 feet in height, vertical articulation is permitted, provided that the tallest piece of groundmounted equipment is fully screened from public viewpoints at multiple angles. d. City Council may approve a plan to allow phased screening based on special or unique conditions of the use or site. 5. Utilities. a. The BESS Facility shall bear the full cost of undergrounding any adjacent or on-site electrical infrastructure that would otherwise be provided via overhead distribution and/or transmission as deemed necessary by the Development Services Department in its sole discretion and approved by the applicable utility provider. b. The BESS Facility may be subject to other requirements from the applicable utility provider. 6. Public Art. A minimum of one public art element such as a mural or sculpture shall be provided. C. Security & Monitoring BESS facilities shall comply with the following security and monitoring requirements: 1. The facility shall have a nonscalable and opaque perimeter fence of at least 10 feet in height. The perimeter fence shall have at minimum two entrance gates equipped with a rapid access system chosen in consultation the Goodyear Fire Department. 2. The facility shall be equipped with a security system to prevent break-ins including cameras. The BESS Facility must be monitored 24 hours a day, seven days a week, with any threats immediately reported to law enforcement. 3. The facility shall comply with NFPA 855 specifications related to barriers and buffering. 4. The BESS Facility shall provide a human machine interface (HMI) capable of viewing the live thermal imaging camera feeds and operating the thermal imaging camera software. D. Safety 1. The following must be included in a BESS application submittal: a. A preliminary emergency response plan that includes site access, equipment locations and potential hazards for responders in addition to any other requirements. This document can be edited, after entitlements are approved, with written approval from the City of Goodyear Fire Department. A final emergency response plan, with written approval from the Goodyear Fire Department, must be submitted prior to issuance of any building permits. b. A report documenting coordination to-date with emergency response organizations in developing the required emergency response plan. c. A hazard mitigation analysis if required by NFPA 855. d. Submitted plans and documents must be under the signature and seal of a licensed design professional. e. Final approvals of any BESS or safety-related equipment that has routine maintenance requirements according to the code or manufacturer’s instructions will not receive approval until a maintenance plan has been submitted to the Goodyear Fire Department. Maintenance must comply with NFPA 68, NFPA 69, and NFPA 72.F. f. Once an application is accepted for review, any updated submittals during the period of review, installation and final inspections must either be signed and sealed by the design professional of record, or a cover letter signed and sealed by the design professional of record shall accompany the submittal, attesting that the updated information conforms to the overall design and code requirements. g. Documentation of a dedicated fire water supply is required. This requirement can be waived if the Development Services Director or their designee, in conjunction with the Goodyear Fire Department, determine that a water supply is not required. The request to omit a water supply shall be in accordance with NFPA 855 and must be validated by the approved hazard mitigation analysis. Where municipal water supply is not available, and a water supply is determined necessary, the provided water supply quantity shall be determined by the hazard mitigation analysis. 2. Applicants must make a commitment in writing that the proposed BESS facility will comply with the latest published version of the NFPA 855, Standard for Installation of Stationary Energy Storage Systems, and UL 9540, Energy Storage System Requirements, at the date of the submission of the application in addition to any specific requirements set forth herein: a. Applicants must submit technical studies prepared by a third-party fire protection engineer detailing the proposed fire safety features of the design, operation, and use of the BESS Facility. Changes in installation configuration from the initial UL 9540A cell, module, and unit level test and the separate large scale fire testing, including internal architecture of modules and units will not be accepted unless it is demonstrated that the configuration provides equivalent results. Fire safety features must include mechanisms for maintaining the temperature and humidity ratings of the listing. b. For BESS Facilities within the territory in the vicinity of a public airport as defined in section 28- 8486 or within the territory in the vicinity of a military airport as defined in A.R.S. § 28-8461, technical studies prepared by third-party subject matter experts must include plume modeling and toxic gas dispersion analysis, specifically addressing impacts on missions and flight paths. Such modeling shall evaluate both ideal (baseline) meteorological conditions and extreme weather scenarios, including but not limited to high-wind events, atmospheric inversion, extreme temperatures, monsoon storm conditions, and other atypical atmospheric patterns that may alter plume height, drift direction, or dispersion levels. c. Technical studies prepared by third-party subject matter experts analyzing the chemical composition of BESS fire emissions and associated human, wildlife and environmental hazards, specifically at which distances emission impacts will be hazardous. d. Technical studies prepared must analyze runoff of water and fire suppression liquid associated impacts to groundwater, wildlife, waterways, and the environment. If determined to be required by the studies, the site plan shall include a geosynthetic-lined (geo-lined) retention basin designed to capture and contain any water or fire-suppressant liquid used by first responders during a thermal runaway incident, with the basin size established through the technical studies in consultation with the Goodyear Fire Department. Additionally, an impermeable geo-lined layer shall be installed beneath all BESS modules to direct runoff to the basin. The retention basin shall be emptied the same day if filled by rain or flood water to ensure full containment capacity. In the event of a thermal runaway incident, a third-party subject matter expert shall collect five representative samples of the water or fire-suppressant liquid for analysis and shall implement any necessary mitigation measures to reduce adverse impacts, with all associated costs paid by the site owner. e. BESS facilities must have active and passive fire and explosion detection systems in place, including gas detectors that meet UL 9540A, NFPA 72, and NFPA 69 standards. These systems must be able to detect explosive gases, trigger alarms, and initiate ventilation systems to mitigate risks from thermal runaway. f. Battery management system (BMS) must be approved and meet manufacturer’s specifications. The BMS must transmit signals to an approved location if hazardous conditions are detected and be monitored 24 hours a day, seven days a week. BMS documentation must identify security risks and potential threats, along with the mitigation measures implemented to reduce each identified risk. g. A combustible gas concentration reduction system compliant with NFPA 855, NFPA 69, UL 9540, and CFC that has undergone UL 9540A testing will have the ability to be automatically activated. 3. Preliminary Decommissioning Plan. A preliminary decommissioning plan describing the anticipated life of the BESS Facility, the steps required for the complete physical removal of BESS components, and the method for removal and disposal of all solid and hazardous waste shall be provided at the time of application. A final decommissioning plan shall be submitted to the City for review and approval 60 days prior to commencing decommissioning activities or within 90 days after the facility permanently ceases operation or no longer produces energy E. Community Liaison. All BESS facilities shall provide contact information for the designated Community Liaison to the City and shall prominently post the same information at every vehicular and pedestrian entrance to the facility. The information shall include a telephone number monitored 24 hours per day and instructions for reporting emergencies or safety concerns. All posted signage shall be weather‑resistant, clearly visible from the point of access, and maintained in good condition. Any change in the Community Liaison’s contact information shall be provided to the City and updated on all required signage within five (5) business days of the change. F. Sound Levels 1. Initial Sound Study. An initial sound study performed by a third-party acoustical engineer, which documents each of the following: a. The baseline sound levels on the project site. b. The baseline sound levels measured at the property line of the nearest residential zoning district, residential use, church, park, school, or other sensitive uses as determined by the Development Services Director. c. If access to the property line of the nearest residential zoning district, residential use, church, park, school, or other sensitive use cannot be obtained from the property owner, the Development Services Director may allow the use of sound modeling to estimate the noise levels. 2. Ongoing Sound Studies. a. Sound Study at Certificate of Occupancy or Certificate of Completion Stage. i. Within 30 days of the issuance of a certificate of occupancy or certificate of completion, whichever occurs first, the operator shall conduct a sound study performed by a third-party acoustical engineer. ii. The study shall document noise levels emanating from the BESS Facility, during peak routine operation measured at the property line of the nearest residential zoning district, residential use, church, park, school, or other sensitive use as determined by the Development Services Director. iii. If access to the property line of the nearest residential zoning district, residential use, church, park, school, or other sensitive use cannot be obtained from the property owner, the Development Services Director may allow the use of sound modeling to estimate the noise levels. iv. If the noise levels exceed the baseline sound levels identified in the initial sound study, a mitigation plan shall be submitted with the sound study outlining the measures that will be taken to reduce the noise levels to the levels documented in the initial sound study. v. All mitigation measures identified in the sound study shall be implemented, and proof provided to the City, within 60 days of submitting the sound study. b. Annual Sound Study Required. i. The operator shall perform an annual sound study during peak routine operation for five (5) years after completion of the Sound Study at Certificate of Occupancy or Certificate of Completion Stage as identified in (a) above. ii. The study shall document noise levels emanating from the BESS Facility as measured at the property line of the nearest residential zoning district, residential use, church, park, school, or other sensitive use as determined by the Development Services Director. iii. If access to the property line of the nearest residential zoning district, residential use, church, park, school, or other sensitive use cannot be obtained from the property owner, the Development Services Director may allow the use of sound modeling to estimate the noise levels. iv. The operator shall complete the sound study within 30 days of the anniversary of the date on which the certificate of occupancy or certificate of completion was issued by the City and maintain a copy of the study onsite. v. If the noise levels exceed the baseline sound levels identified in the initial sound study, a mitigation plan shall be submitted with to the City outlining the measures that will be taken to reduce the noise levels to the levels documented in the initial sound study. vi. All mitigation measures identified shall be implemented, and proof provided to the City, within 60 days of completing the sound study. G. Application Requirements 1. Project Narrative. In addition to the application requirements A project narrative that includes all of the following: a. A description of how the BESS Facility is consistent with the General Plan and any other applicable City plan or policies, and is compatible with surrounding land uses and the community. b. Nameplate capacity. c. All proposed phasing or augmentation plans. d. A preliminary decommissioning plan as outlined in Section 3.5.40(D)(3) above. e. Compliance Statement. A compliance statement that evidences compliance with all applicable zoning, building, and fire safety regulations, and federal, state, and local environmental laws. H. Operational Requirements. 1. Augmentation. All long-term augmentation needs shall be accounted for in the original approval through an approved site plan, and phasing plan. a. Permitted Augmentation. Augmentation of a BESS or BESS Facility is permitted and does not require a modification to original entitlements if it complies with the approved site plan and phasing plan. b. Approval Required. i. Augmentation that requires modification to the approved site plan or phasing plan shall follow the procedures in XXX.XX of this Ordinance; except ii. Augmentations that increase the nameplate capacity of the BESS or BESS Facility shall require City Council approval. 2. Ownership or Operator Changes. a. If the owner or operator of a BESS Facility changes or the owner of the property changes, the new owner or operator of the BESS Facility or property shall notify the Development Services Department within 30 days of the change. a. Project approvals will remain in effect; however, the successor owner or operator assumes all obligations of the project, site plan approval, and permitting approvals, and all required documentation shall be updated with the new owner or operator information.