Last January, a fire ignited in a California battery energy storage system (BESS), the world’s largest, spewing black billowing clouds of toxic chemicals and, when extinguishment was hampered, forced the evacuation of 1,200 residents.
The spewed toxins were inhaled by local people and leached into surrounding soils at dangerously high levels. The self-combusted fire has resulted in a class-action lawsuit.
More than 20 instances of fires caused by BESS have occurred across the nation since 2019. Few fire departments are equipped to fight these fires. Few counties have necessary safety measures for BESS.
In La Plata County at least two major BESS and numerous smaller BESS are contemplated. LPEA has received a grant to build a 5 to 20 megawatt BESS at the Shenandoah substation. Residents around the Tri-State substation on County Road 136 have received offers from various energy companies to lease 35 acres to locate innumerable Zircon-sized containers for battery storage. Also, Primergy is still contemplating a 155 megawatt industrial-scale BESS near Hesperus.
No county regulations exist to ensure these structures are constructed with state-of-the-art technologies and will be safe for county residents.
Responding to residents’ requests, the Board of County Commissioners in June imposed a moratorium on siting and construction permits for BESS. County staff has been charged with drafting a BESS code (see https://tinyurl.com/yc3rrc93) the county could adopt to protect county residents. The staff members have been meeting with stakeholders. Draft regulations are expected to be ready for review in October. Comments from residents regarding the draft can be filed with the county at https://tinyurl.com/4efth45p, by email at planning@lpcgov.org or calling 382-6263.
While developers are fast to say they care and will construct safe BESS, the county must ensure that the best precautions are required and maintained. Critical to any regulatory scheme is where the BESS are allowed to locate. With frequent high winds in La Plata County, it is reasonable that regulations prohibit BESS to be located in lands designated by the Colorado State Forest Service as moderate to high fire danger, see tinyurl.com/mspbpbea. For example, a fire at the proposed Hesperus Solar BESS is less than 10 crow-fly miles from Durango with Rafter J, Shenandoah and Trapper’s Crossing subdivisions in between.
In addition to moderate and high wildfire danger areas, BESS also should be prohibited in High Priority Habitat areas as designated by Colorado Parks and Wildlife. A wildfire caused by combustible BESS lithium-ion batteries could burn through these areas destroying habitat and critical animal populations. “Wildlife is essential to Colorado's outdoor recreation economy and landscape heritage,” said Gov. Jared Polis in a 2019 executive order.
Critical too is holding the developer responsible for injuries to the county or its residents with sufficient bonds and insurance. All developers in the ownership line, from the first through the last, should be held liable for damages caused by injuries beyond the limits of the insurance and bonds.
Many technical standards should be met in the construction and maintenance of BESS. Proper decommissioning of BESS with removal of toxic equipment is critical when their life span has expired.
The county should be applauded for taking the initiative for developing permitting regulations that ensure the health, safety and welfare of its residents. Important now is to follow through and ensure that the regulations adopted have sufficient safeguards to minimize risk of deadly wildfire and the release of toxic chemicals into our air to avoid long-term catastrophic injuries.
Barry Spear is a retired lawyer. He has lived in La Plata County more than 45 years. He participates in the ad hoc group Stop Hesperus Solar.
