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AB-434 • 2026

Battery energy storage facilities.

Battery energy storage facilities.

Education Energy
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
DeMaio
Last action
2026-02-02
Official status
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide information on the consequences for non-compliance or costs associated with implementing the guidelines.

Battery Energy Storage Facilities

AB-434 prohibits public agencies from allowing the construction of battery energy storage facilities until January 1, 2028 and requires safety guidelines for these facilities to be established by that date.

What This Bill Does

  • Prohibits public agencies from authorizing the construction of battery energy storage facilities until January 1, 2028.
  • Requires the State Fire Marshal to establish guidelines and minimum standards for constructing battery energy storage facilities by January 1, 2028.

Who It Names or Affects

  • Public agencies that authorize the construction of battery energy storage facilities
  • Companies and individuals planning to construct such facilities

Terms To Know

Battery Energy Storage Facility
A facility using batteries to store large amounts of electricity for later use.
State Fire Marshal
The official responsible for fire safety regulations in California.

Limits and Unknowns

  • Does not specify the consequences if a battery energy storage facility does not comply with the guidelines after January 1, 2028.
  • Does not detail the costs associated with implementing these new safety standards.

Bill History

  1. 2026-02-02 California Legislative Information

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

  2. 2026-01-31 California Legislative Information

    Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. 2025-04-03 California Legislative Information

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

  4. 2025-04-02 California Legislative Information

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

  5. 2025-03-26 California Legislative Information

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

  6. 2025-03-25 California Legislative Information

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

  7. 2025-03-24 California Legislative Information

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

  8. 2025-02-06 California Legislative Information

    From printer. May be heard in committee March 8.

  9. 2025-02-05 California Legislative Information

    Read first time. To print.

Official Summary Text

AB 434, as amended, DeMaio.
Battery energy storage facilities.
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.

Current Bill Text

Read the full stored bill text 
Download Bill PDF