CALL TO ACTION!!!!
 
PLEASE EMAIL rproebsting@kingcounty.gov before OCT 18th at 4pm to let Robin know that due to the high chance evacuations and shelter-in-place orders from frequent fires and explosions from BESS, all BESS need to have minim setbacks from schools and hospitals as the proposal does not address these. We want them to include a condition for a minimum distance of 1/2 a mile from schools and hospitals for BESS larger 2 mW in all "R" zones (R-1 through R-48) and all "RA" zones (RA-2.5 through RA-10).
 
FYI- most BESS incident evacuation requirements are for everyone within a 1/4 mile or 1/2 mile of the BESS location and shelter-in-place orders are given for everyone within 1/2 mile to 4 miles of the burning BESS. Schools, hospitals, elderly care facilities, day care facilities and other hard to evacuate locations should not be within atleast 1/2 a mile of any BESS facility.
 
King County Council going back on their word in the proposed Ordinance on SEPA review section which stated: "SEPA. The proposed ordinance would not affect the state requirements for SEPA review of BESS or Consumer-scale BESS. All projects would be subject to SEPA review unless found to be exempt under state law or K.C.C. Title 20."
 
For some unknown reason, King County Council and King County Permitting are trying to say BESS's environmental impacts are "NON-SIGNIFICANT" and all BESS should not require State Environmental Policy Act (SEPA) Environmental impact reviews for permitting!?!?!?
 
Comments must be received no later than 4:00 pm on October 18, 2023. The King County Council will not act until after the comment period.
-----
NOTICE OF: STATE ENVIRONMENTAL POLICY ACT (SEPA) "DETERMINATION OF NON SIGNIFICANCE (DNS) - Non-Project Action "
 
Please take the time to read and comment no later than 4:00 pm on October 18, 2023.
KING COUNTY DEPARTMENT OF
LOCAL SERVICES,
PERMITTING DIVISION
919 SW Grady Way, Suite 300,
Renton, WA 98057
----------
NOTICE OF: STATE ENVIRONMENTAL POLICY ACT (SEPA) DETERMINATION OF NON SIGNIFICANCE (DNS) - Non-Project Action
Proponent: King County
Proposal: Proposed Ordinance 2023-0263 - Battery Energy Storage System (BESS) Regulations
Presently, Battery Energy Storage Systems (BESS) are not specifically named as a use in King County Code (K.C.C) Title 21A.
These systems are understood to fall under the definition of "utility facility," as they meet the definition for utility facility as a facility for the distribution or transmission of electric services. Under the current code, utility facilities such as BESS are a permitted use, without any additional zoning conditions or land use permits required.
- Define "BESS" and "Consumer-scale BESS" as distinct uses in K.C.C. Title 21A, with consumer-scale BESS being used only for storage of energy to be used on-site.
- Allow Consumer-scale BESS as an accessory use to a residential, commercial/industrial, or resource use.
- Make BESS a permitted use in all zones except R zones, where they would be a conditional use.
- Limit the size of BESS in A and F zones to 2 acres or 2.5% of the site, whichever is less.
- Subject BESS to the requirements for nonresidential land uses in the RA, UR, or R zones.
- Require all BESS, as well as Consumer-scale BESS over 1 megawatt (MW), to maintain a buffer from vegetation and be separated from vehicle-accessible areas by barriers.
- Require privately owned BESS over 1 MW and privately owned Consumer-scale BESS over 1 MW to demonstrate financial responsibility for explosion and decommissioning, to be verified every five years.
- Specify that BESS and consumer-scale BESS cannot project into setbacks, something that is allowed for other electrical equipment.
- Specify that BESS constitute utility development the purposes of landscaping requirements.
Additional information may be found here: https://kingcounty.gov/.../permits/public-notices.aspx
COMMENT PROCEDURES: This Determination of Non-significance (DNS) is issued under Washington Administrative Code (WAC) 197-11-340. The Permitting Division has determined after review of the proposed legislation, an environmental checklist and associated documents, that existing State of Washington and King County regulations and codes are sufficient to address potential impacts associated with the proposed legislation. Therefore, An Environmental Impact Statement (EIS) is not required. The issuance of this DNS does NOT constitute approval or adoption of the subject legislation.
You may comment on this DNS by submitting comments to the address or email below. Comments must be received no later than 4:00 pm on October 18, 2023. The King County Council will not act until after the comment period.
Please send a message expressing your concerns about BESS having no setbacks for schools and hospitals.
King County Department of
Local Services – Permitting Division
919 SW Grady Way, Suite 300
Renton, WA 98057
ATTN: Robin Proebsting
E-mail: rproebsting@kingcounty.gov
PUBLIC HEARING: A public hearing on a proposed ordinance is not yet scheduled but anticipated in the future before the Metropolitan King County Council. Information on the public hearing and how to submit public comment can be found at this website: https://www.kingcounty.gov/.../committees/full_council.aspx
**This document is located under our resources**