A Simplified Break Down of California’s Battery Safety Chain Legislation

A Simplified Break Down of California's Battery Safety Chain Legislation

California has built one of the most thorough battery energy storage system (BESS) safety frameworks in the country. It ties projects early planning stages to energization by connecting requirements across emergency planning, operations and maintenance (O&M) and fire inspection.

The framework grew out of experience. Incidents at Moss Landing and fires at Otay Mesa and Escondido made it clear that operations and emergency coordination needed to improve, and California responded with stronger, clearer safety rules for energy storage.

For fire prevention officers (FPOs), developers, utilities and other stakeholders, these changes affect timelines, documentation and how teams work together. But they also open the door for more collaboration during plan reviews, consultations and inspections.

Here's what's new in California's battery energy storage legislation and what it means for the people involved.

Laws Defining California's BESS Safety Chain

These laws collectively create a linked safety chain across planning, operations and energization, depending on project jurisdiction and size:

• CA SB 38: Requires covered BESS facilities under Public Utilities Code §761.3 to include a site-specific emergency response plan (ERP) and emergency action plan (EAP) creating in coordination with local emergency management, California's Unified Program and first responders. Both plans must be submitted to the county, and if applicable, the city.

• CA SB 1383: Directs the California Public Utilities Commission (CPUC) to establish enforceable O&M standards for energy storage facilities. The CPUC's 2025 Safety and Enforcement Division BESS Facility Survey is a separate effort that helps characterize the operating fleet and informs risk-based audits and oversight

• CPUC Resolution ESRB-13: Updates General Order 167 (GO 167-C) to cover BESS, requiring auditable O&M programs and logbooks, training and incident reporting and stronger oversight of ERP and EAP quality and coordination.

• CA SB 283: Clean Energy Safety Act: Requires documented pre-application consultation with the fire authority and a pre-operation fire inspection before energization. Also directs Office of the State Fire Marshal (OSFM) to review and consider proposing siting provisions in the next Title 24 cycle considered after July 1, 2026, such as limiting indoor ESS to dedicated-use noncombustible buildings or encouraging outdoor installations. For locally permitted projects, SB 283 applies to ESS 10 MWh or larger. For very large projects using the CEC Opt-In pathway under AB 205 (generally 200 MWh or larger), the same consultation and inspection concepts apply on the CEC track.

Running in parallel, AB 205enables the Energy Commission (CEC) to permit very large storage systems (≥ 200 MWh). Even under that opt-in pathway, CA SB 283's consultation and inspection requirements still apply.

CA SB 283 BESS Project Timeline Implications

• AHJs & Fire Officials: Gain early and clear authority in the development process. Use pre-application consultations to shape submittals, testing and site conditions, and treat the pre-operation inspection as a formal energization checkpoint based on local and state fire codes.

• Developers & Owners: Build a continuous compliance thread from design through operation. Coordinate interconnection and startup with the pre-operation inspection and maintain O&M and training programs that satisfy ESRB-13 since CPUC audits can overlap with local review.

• Utilities: Align outage planning, curtailment, telemetry and emergency communications with ESRB-13 and local fire code conditions so their operational protocols mirror approved ERP and EAP procedures.

• Engineers & Fire Protection Professionals: Translate UL 9540A test data into enforceable design limits, align control logic with tactical operations and ensure documentation and testing packages support first-pass inspection success.

• Manufacturers & Integrators: Provide clear maintenance intervals, safety system data and training materials mapped to GO 167 and be transparent about system limitations and off-normal responses.

• EPC & O&M Providers: Build acceptance test plans around AHJ expectations, maintain auditable records and train staff to demonstrate operational readiness during the pre-operation inspection.

• Financiers & Insurers: Expect SB 283 compliance documentation, and where applicable, SB 38 and ESRB-13 documentation, as part of due diligence or closing conditions to mitigate schedule and casualty risk.

How Bowman Can Support

Bowman works across the full lifecycle of BESS fire safety and permitting. Our goal is to help FPOs, developers and utilities move from compliance uncertainty to operational confidence.

We do this through:

Staying ahead of California's evolving BESS requirements takes a partner who understands both the intent and the details of the law. Bowman's Fire & Life Safety team helps agencies and developers maintain compliance, from plan review and inspection readiness to code transition and ongoing O&M assurance.

Connect with our fire and life safety specialists through our fire protection page to learn how Bowman can help your organization navigate California's new BESS framework.