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Ordinance: 19824

19824

 

METROPOLITAN KING COUNTY COUNCIL

NOTICE OF ADOPTION

Ordinance 19824

 

NOTICE IS HEREBY GIVEN that the Metropolitan King County Council (the Council) held a public hearing on Tuesday, September 24, 2024 beginning at 1:30 PM to consider adoption of Proposed Ordinance 2023-0263 (Ordinance 19824), an ordinance adopting regulations for battery energy storage systems. The Council adopted this Ordinance at the Tuesday, September 24, 2024 meeting.

 

SUMMARY:

The Ordinance adopts regulations for battery energy storage systems in unincorporated King County.

The Ordinance does the following:

Zoning Conditions

  • Allows BESS for residential, commercial/industrial, and resource accessory use, in all zones where those accessory uses are allowed. BESS over 2 MW do not qualify as accessory uses.
  • Allows accessory BESS to be used for load sharing and for electric vehicle charging in the right-of-way.

For non-accessory BESS:

  • A conditional use permit is required in the Residential (R) zones
  • A special use permit is required in Forest (F) zones
  • BESS are allowed in the Agricultural (A) zones
  • BESS are a permitted use in all other zones.

Public Liability

Applicants for construction of a BESS are required to demonstrate at permit application that they have at least $1 million of financial responsibility (insurance, bonds, etc.) that would cover damages from a thermal event, ONLY IF:

  • The BESS is over 2 MW; AND
  • The battery technology requires thermal runaway protections under state law; AND
  • Any individual room, cabinet, container, or other enclosure containing the system has an energy rating greater than two megawatt-hours, or any two enclosures are less than ten feet apart; AND
  • The system does not qualify as a "remote facility" under the International Fire Code – in other words, it is within one hundred feet of buildings, lot lines, public ways, stored combustible materials, hazardous materials, high-piled stock, or other exposure hazards.

Decommissioning

Applicants for construction of a BESS greater than 2 MW are required to demonstrate financial responsibility in an amount to carry out the decommissioning plan required under state law.

Periodic Confirmation

BESS operators are required to submit confirmation to the Permitting Division every five years that their financial responsibility is still in place.

Sharing of Emergency Plans

The applicant are required to share state-required emergency plans with the local fire district in both draft and final forms.

Report Requirement

The King County Executive is required to convene a workgroup and undertake a follow-up report within information on any BESS applications received/permits issued, research on advancement of battery technologies and associated international/state/local codes, and any recommendations for changes to King County's BESS regulations. The report is due one year after the first BESS in unincorporated King County is given final inspection approval, or three years after enactment of the ordinance, whichever comes first.

 

A copy of Ordinance 19824 will be mailed upon request to the Clerk of the Council, Room 1200, King County Courthouse, 516 Third Avenue, Seattle, WA  98104, telephone 206-477-1020. It is available on the Internet at https://www.kingcounty.gov/council/clerk/notice_adoption.aspx, and at https://mkcclegisearch.kingcounty.gov/LegislationDetail.aspx?ID=6294909&GUID=CA2000B8-B2F9-4F69-9055-0C2D381EAF9F&Options=Advanced&Search=&FullText=1

 

Dated at Seattle, Washington, this 7th day of October, 2024.

 

METROPOLITAN KING COUNTY COUNCIL

KING COUNTY, WASHINGTON

Melani Pedroza

Clerk of the Council

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