-Areas to address-

THIS IS NOT LEGAL OR PLANNING ADVICE OR AN ALL INCLUSIVE LIST; it is merely a list of areas you might want to address, further investigate, and alter or include in your regulations.

-Potential Tier Definitions-

Tier 1 -NOT Regulated by City/County
Comply with NFPA 855 -2026, electrical code where applicable:

• • Residential/Business BESS:
    Up to 80 kWh -Behind the meter, used for: Power backup, energy arbitrage, renewables storage
    NOTE: NFPA 855 -2026 now specify HMA and ERP for all installations

  • Mobile Small BESS:
    Search "Portable Power Station" on Amazon, with hundreds to choose from!

  • Mobile Large BESS:
    Up to 80 kWh -Used for: Backup power, events, temporary grid stabilization

Tier 2 -Regulated by City/County
Comply with NFPA 855 -2026, no CUP required, electrical code where applicable, mixed commercial zoning:

• • CCI (Community, Commercial, Industrial):
    80 kWh to 2 MWh -Used for: Business power backup, energy arbitrage, renewables storage, grid stabilization, peak demand shaving, deferral of electrical infrastructure upgrades

  • Small Sub-Station Grid Utility Level:
    80 kWh to 2 MWh -Used for: Demand response, voltage support, backup power, deferral of electrical infrastructure upgrades

Tier 3F -Regulated by City/County
Comply with NFPA 855 -2026, CUP required, electrical code where applicable, commercial/industrial zoning, FLAMMABLE chemistry:

• • Large Utility Grid Level:
    Over 2 MWh -Used for: Peak shaving, bulk energy storage, wholesale energy arbitrage, reduce grid congestion, replace peaker power plants

Tier 3N -Regulated by City/County
Comply with NFPA 855 -2026, CUP required, electrical code where applicable, commercial/industrial zoning, NON-FLAMMABLE chemistry:

• • Large Utility Grid Level:
    Over 2 MWh -Used for: Peak shaving, bulk energy storage, wholesale energy arbitrage, reduce grid congestion, replace peaker power plants

-Potential regulations to consider-

• Tier 3F: Limit manufacturers, or battery chemistry

  • Example: For tier 2, 3F, limit battery chemistry to Lithium Iron Phosphate, or non-flammable options, only (highly recommended)

  • Example: Allow tier 3F in Lithium Iron Phosphate only, but specify manufacturer/model of BESS. Consider requiring just two market leading BESS manufacturers; Tesla Megapack or SunGrow PowerTitan 2.0 (or 3.0). Both of these manufacturers feature Let-It-Burn (LIB) technology which makes fire fighting efforts much less complicated, greatly reduces firefighting water consumption, and nearly eliminates the possibility of contaminated water from firefighting efforts. LIB spacing also ensures that should a module block ignite, it won't ignite other units or spread the fire to other structures. They also feature no-walk-in design, to protect emergency responders.

  • Example: Eliminate tier 3F all together, forcing developers to utilize tier 3N. This is DRASTIC, and eliminates a vast majority of the larger projects as the non-flammable technologies are uncommon and expensive. But, it is an option you might want to consider. You may not want to implement this in regulations, but consider it as a requirement for certain projects in sensitive areas, such as dense urban cores, in the CUP process.

• Tier 3F, increase spacing between modules from NFPA 855 -2026 guidelines. Greater spacing will require a bigger project footprint, but will help in any firefighting efforts and reduce potential ignition of neighboring modules.

• Tier 2, 3F, 3N: 60 db noise limit at property boundary. A sound study would be required before construction, and a follow-up independent testing within 60 days of operations to confirm the facility meets the standard.

• Tier 2, 3F, 3N: Lighting -specify adequate lighting that isn't wasted in illuminating the sky and doesn't bother neighbors.

• Tier 3F: BESS shall maintain a minimum 500-foot setback from dwellings, mobile homes, and cabins and comply with NFPA 855 requirements related to setbacks and buffers, whichever is greater.

• Tier 3N: BESS shall maintain a minimum 100-foot setback from dwellings, mobile homes, and cabins and comply with NFPA 855 requirements related to setbacks and buffers, whichever is greater.

• Tier 3F: Onsite water -Adequate water supply for firefighting operations. In Reno County this would most likely consist of a well and large storage tank in rural areas. Involve appropriate fire agencies to determine actual need when writing regulations.

• Tier 3F, 3N: Limit construction activity to 6 a.m. to 7 p.m., Monday through Friday. Provide a limited ability to work on certain Saturdays, if the project schedule is impacted by ongoing weather delays, subject to approval. Perhaps include an exception that permits construction activity to occur during the daylight hours of Saturday and Sunday, if the sound generated is below 70 decibels measured at the property line or 500 feet from any residence.

• Tier 3F, 3N: PILOT (Payment In Lieu Of Taxes) payment amount specified at CUP application.

• Tier 3F, 3N: Fence/Screening: An 8' tall chainlink fence with barbed wire at the top seems to be the standard. You can also specify plants, berms, etc. to reduce visual impact. Be careful with your requirements. The BESS should harmonize with the community, but balancing aesthetic considerations with operational needs of the facility is key.

• Tier 3F, 3N: Expansion, or an increase in capacity, beyond original design requires new CUP application.

• Tier 3F: Require Flir Thermal Monitoring for BESS, and ask for implementation plan

• Tier 3F, 3N: Decommissioning Bond/Fund required

-Tier 3F and 3N, potential required documents to include with CUP application-

* (Include with permit application for Tier 2)

3D Project Visualization

Example

Basic Anticipated Construction Schedule

Decommissioning Plan

Example

*Emergency Response Plan

Example    Example

EMF & EMI Report

Example

Environmental assessment

Example

*Equipment Schedule/Data Sheets

Fence/screening Plan

UK Example Options

Fire Hazard and Risk Assessment

Example

*Hazard Mitigation Analysis

Example

*Lighting Plan

Example

Onsite water supply Plan (Tier 3F Only)

Operations and Maintenance Plan

Permanent Stormwater Plan

Example

Preliminary Stormwater Pollution Prevention Plan

Example

*Signage Plan

*Site and Equipment Layout Plan (Existing Conditions, Demolition, Zoning Compliance, Grading Plan, Erosion and Sediment Control, Planting Schedule, etc.)

Example

Sound Study

Example    Example

Topographic Survey

Example

Wetlands Delineation & Determination

Example