On February 29, 2024, Executive Director Michael Sanderson testified before the House Economic Matters Committee in support of HB 1367- Public Utilities – Certificates of Public Convenience and Necessity – Energy Storage Devices with amendments. This bill requires energy storage devices above 1MW to receive approval from the Public Service Commission before beginning construction.
As drafted, HB 1367 requires batteries of 1MW or greater to receive a Certificate of Public Convenience and Necessity, a state-level certification of importance to the overall energy grid. Currently that process insufficiently considers health and safety requirements, like adequate fire suppression systems and neighborhood safety.
While counties understand the goal to advance battery storage to promote a modern energy infrastructure, MACo requests that language be added clearly preserving state and local authority related to fire suppression standards, siting within proximity of residential areas, and other aesthetic and safety requirements. HB 1367 places its current authority into an area of law where local input is very limited, as pre-empted by the State’s full occupation of the law.
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