AB 434 California Assembly · 2025-2026 Regular Session

Battery energy storage facilities.

Summary

Existing law authorize a person proposing an eligible facility, including an energy storage system that is capable of storing 200 megawatthours or more of energy, to file with the State Energy Resources Conservation and Development Commission an application for certification for the site and related facility, as provided. Existing law provides that the certification issued by the commission is in lieu of any permit, certificate, or similar document required by a state, local, or regional agency for the use of the site and related facility. This bill would exclude energy storage facilities that use batteries as a storage medium from the above-described provisions. This bill would prohibit, until January 1, 2028, a public agency from authorizing the construction of a battery energy storage facility, as defined. The bill would require the State Fire Marshal, on or before January 1, 2028, to adopt guidelines and minimum standards for the construction of a battery energy storage facility to prevent fires and protect nearby communities from any fire hazard posed by the facility. The bill would require a public agency, when authorizing the construction of a battery energy storage facility on or after January 1, 2028, to require the facility to meet the guidelines and minimum standards adopted by the State Fire Marshal or more stringent guidelines and minimum standards as determined appropriate by the public agency. Because the bill would impose additional duties on local agencies in authorizing the construction of a battery energy storage facility, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Issues: ✓ Energy ✓ Environment

Bill status failed 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 5, 2025 Last action Feb 2, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

04/02/25 - Amended Assembly → AB434 · 1 edit

MINOR

This diff reflects a change in document presentation format rather than substantive policy changes. The bill text moved from a traditional legislative print layout (with line numbers, page headers, and column formatting) to a web-based bill tracking system format (with navigation elements, search tools, and different typography). The actual policy content of AB 434 remains unchanged between the two versions.

TECHNICAL

Document formatting changed from a traditional legislative print layout with line numbers and page headers to a web-based bill tracking interface format. No substantive policy language was altered.

02/05/25 - Introduced → 03/25/25 - Amended Assembly · 7 edits · Mar 25, 2025

MODERATE

AB 434 was transformed from a one-line legislative intent statement into a substantive regulatory framework that imposes a construction moratorium on large battery energy storage facilities (200+ megawatthours) until January 1, 2028, requires the State Fire Marshal to adopt fire safety standards by that date, and removes battery storage from California's streamlined SB 35 permitting process. The amendment adds an entirely new part to the Health and Safety Code and amends the Public Resources Code.

Scope change

The bill's scope expanded dramatically from a non-binding statement of legislative intent to an enforceable regulatory framework with a construction ban, mandatory safety standards, and changes to the state's streamlined energy project permitting process. It now directly affects local agencies' permitting authority and the State Fire Marshal's rulemaking obligations.

REQUIREMENT

A public agency is prohibited from authorizing construction of a battery energy storage facility (200+ megawatthours using batteries) until January 1, 2028. After that date, facilities must meet State Fire Marshal guidelines or more stringent local standards.

The State Fire Marshal must adopt guidelines and minimum standards for construction of battery energy storage facilities by January 1, 2028, specifically to prevent fires and protect nearby communities from fire hazards.

SCOPE

Public Resources Code Section 25545 is amended to exclude energy storage systems that use batteries as a storage medium from the definition of an eligible facility under the SB 35 streamlined permitting process. Previously, any energy storage system capable of storing 200+ megawatthours qualified.

The fiscal note changes from 'Fiscal committee: no' to 'Fiscal committee: yes' and 'State-mandated local program: no' to 'State-mandated local program: yes,' reflecting that the bill now imposes actual duties on local agencies.

The definition of eligible facility in Section 25545 is expanded to include wind system manufacturing, solar photovoltaic energy system manufacturing, and hydrogen production facilities (non-fossil fuel) funded by specific state or federal programs, broadening the SB 35 streamlined permitting scope beyond just storage.

DEFINITION

New definitions added: 'battery energy storage facility' (commercially available technology, 200+ megawatthours, battery as storage medium, onsite or offsite) and 'public agency' (state agencies, counties, cities, regional agencies, public districts, redevelopment agencies, or other political subdivisions).

FISCAL

A reimbursement provision is added stating no state reimbursement is required because local agencies have authority to levy service charges, fees, or assessments sufficient to cover the mandated program costs.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Feb 2, 2026

Lower · Passed

From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

lower

Apr 3, 2025

Committee

Re-referred to Com. on U. & E.

lower

Apr 2, 2025

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & E. Read second time and amended.

lower

Mar 26, 2025

Committee

Re-referred to Com. on U. & E.

lower

Mar 25, 2025

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & E. Read second time and amended.

lower

Mar 24, 2025

Committee

Referred to Coms. on U. & E. and E.M.

lower

Feb 6, 2025

Lower · Passed

From printer. May be heard in committee March 8.

lower

1 primary · 0 co-sponsors