We need more than 50 people to write in to rproebsting@kingcounty.gov and say/ask for the following:
1. Request a Public hearing be held in Covington for Battery Energy Storage Systems' (BESS) Determination of Non-significance (DNS) by King County Permitting.
2. Ask for an extension for the public comment period on the Determination of Non-significance (DNS) by King County Permitting on all Battery Energy Storage Systems (BESS) beyond the current deadline of 4pm on October 18th.
3. The Determination of Non-significance (DNS) should be withdrawn due to the severe impact BESS have on the environment through the extreme risks of fires/explosions and the accompanying release of deadly/toxic gases, chemicals, smoke, contaminants, and contaminated run-off from defensive water spray requiring shutting down roads for the evacuations for everyone nearby (within a minimum of 1/2 a mile) and shelter-in-place orders for people within several miles of the multi-day burning lithium BESS fire and the required Hazardous waste cleanup; and, the Determination of Non-Significance (DNS) should be replaced by a Determination of Signficance (DS)
Please post here or send me a private message once you've sent the three requests listed above to rproebsting@kingcounty.gov before OCT 18th at 4pm. We need to hold them accountable, and by knowing how many emails were sent, we can audit/ensure they are following the public hearing request law.
And, if you don't mind sharing the email you sent to help others put together their email, many people would appreciate ideas on what to write.
And, please CC:
zzcncmembers@kingcounty.gov
kcexec@kingcounty.gov
citycouncil@covingtonwa.gov
Chris.Stearns@leg.wa.gov
claudia.kauffman@leg.wa.gov
Debra.Entenman@leg.wa.gov
efsec@efsec.wa.gov
kentboard@kent.k12.wa.us
laura.watson@ecy.wa.gov
governor.JayInslee@gov.wa.gov
Tracy.Cui@kingcounty.gov
zvierlingcoulter@kingcounty.gov
Ty.Peterson@kingcounty.gov
cellenberger@kingcounty.gov
mrowe@kingcounty.gov
Jim.Chan@kingcounty.gov
dperwebinquiries@kingcounty.gov
hearingexaminer@kingcounty.gov
-----------------------------------------------
Here's the original request:
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 lithium BESS, all BESS need to have minimum setbacks from schools and hospitals as the current proposed Ordinance 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 than 2mW in all "R" zones (R-1 through R-48) and all "RA" zones (RA-2.5 through RA-10). And, include a request for the withdrawal of the "Determination of Non-Significance" (DNS) and an issuance of a Determination of Significance (DS) and the launching of a full Environmental Impact Statement for all BESS. The call for a withdrawal should reference the potential for significant adverse impacts to the environment as the need to a DS.
PLEASE also ask for an extension of the public comment period and a public hearing in Covington. Under state law, if 50 or more people ask for a public hearing the lead agency is required to hold one.
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**