AES is proposing a massive Lithium-Ion Battery Energy Storage System (BESS) on Monterey Road, directly across from the Charter School of Morgan Hill (CSMH). This location is logistically and fundamentally unsafe for our 650 students as well as an environmental hazard to our town’s agricultural heritage.

AES has revealed the actual scope of what they are trying to build across from CSMH. We now know the following:

📍 Confirmation of Proposed Land: The land directly across the street from CSMH is currently protected green space/agricultural land. The landowners have already agreed to this project. 🚜

🏗️ Massive Scale: 

• The facility will cover 40 acres—roughly the size of 30 football fields.
• It will house 250 lithium-ion battery containers on-site, each 40 ft in length. 🔋🔋
• 7 ft High with a fence around it.

⏳ Duration: 25-year lease.

• This facility will be there for the entire childhood and young adulthood of every student currently at CSMH, and for the communities long foreseeable future.

📅 State Approval Timeline:

Permitting: 2026-2027
Construction: 2028–2029

⚠️ Planned Road Closure: AES confirmed that during the 2-year construction phase, they will likely need to shut down one road on the school’s side of Monterey.

Traffic Surge: An expected 112 construction workers daily will add heavy industrial traffic to our already strained commute. 🚧

🛡️ The Safety & Security Gap:

No 24/7 Monitoring: Despite 250 high-voltage containers, AES admitted there will be no personnel on-site after normal business hours. 🌑

Non-Answers on Evacuation:

• AES referenced their Long Beach facility (Alamitos Energy Center) as an example of one of their sites that also happens to be located directly across from an elementary school.
• When asked if that school shares our “One-Exit “Evacuation trap, AES answered: "Every site is different."
• When asked what AES’s safety plan would be they didn’t have an answer.

Safety Plan "Too Early": They offered zero solutions for how 650 children can safely evacuate a "Right-Turn Only" bottleneck during a fire or during construction, stating it was "too early in the process" to develop safety plans. 🚩

⚖️ Corporate Contradiction: AES’s website states their #1 value is "Safety First" and "Being a Good Neighbor." They also claim compliance with local practices and legal requirements.

However:

• This site does not align with those values. AES is using the "Opt-in" process to allow the California Energy Commission (CEC) to override local zoning and land-use restrictions.
• This protected green space would be legally off-limits to them otherwise. 🛑

🗳️ Our Asks to AES at the Meeting:

• If a fire happens and our schools only exit is blocked, how does this site align with 'Safety First' for our community?
• We asked them to do the right thing: withdraw this application and find a location that actually honors their companies values. 

If the Fire Department approves, the process moves to the State for final fast-tracking. 🚨 

AES confirmed that The SJ Fire Marshall is aware of the project and has the authority to approve or deny the permit.

AES's confirmed proposal leaves our school & community with the same concerns and unanswered questions:

⚠️ COMPREHENSIVE IMPACT ANALYSIS

1. The "Compound Risk": (Wildfire + Battery Event) As documented in the City’s 2025 Fire Hazard Severity Zone (FHSZ) Maps, our surrounding hillsides are designated as High and Very High Fire Hazard Severity Zones. A battery event during a high-wind wildfire scenario would result in a catastrophic "double-threat." Emergency responders would be forced to choose between hillside protection and the school's "Hot Zone," leaving 650 students in an untenable position.
2. Toxic Plume vs. Shelter-in-Place: BESS fires release Hydrogen Fluoride and other toxic gases. If traffic is gridlocked on Monterey Road, evacuation becomes a health hazard. Furthermore, CSMH’s HVAC systems are not equipped to filter chemical off-gassing for students forced to shelter in place. This is a critical risk for our students with respiratory conditions or ADA needs.
3. The "Critical Transit Corridor" Risk * Railroad & Electrification Hazard: The proposed site is located directly behind the Caltrain/Union Pacific corridor. Unlike the diesel trains of the past, these tracks now feature an Overhead Catenary System (OCS) carrying 25,000 volts of electricity.

• Conductive Soot & Electrical Arcing: Lithium-ion battery fires release a thick, black smoke filled with metallic particulate and conductive carbon soot. When this "metallic smoke" drifts into 25,000V power lines, it can cause electrical arcing (explosive short-circuiting). This could lead to downed high-voltage lines directly between the fire and our school.
• The "Emergency Barrier" & Power Delay: Fire crews must treat the 25,000V overhead lines as "live" until a Caltrain Power Director confirms they are grounded. This mandatory coordination takes time—objective "lost minutes" that we cannot afford when students are waiting to evacuate.

4. Destruction of the "Living Laboratory" & Educational Equity: Siting a high-hazard facility here threatens the permanent loss of our   instructional livestock and science curriculum due to chemical fallout and noise. 

• The "Inverter Hum" & Sensory Accessibility: Siting a massive industrial BESS facility—which operates with constant cooling fans and high-frequency inverters—directly across from a school is a direct violation of educational equity.
• Sensory Overload & ADHD: For students with ADHD and Sensory Processing Disorders (SPD), low-frequency industrial noise isn't just "background sound." It acts as a constant "auditory hijacker" that prevents the brain from filtering information. Scientific studies show that chronic exposure to moderate industrial noise can lead to elevated stress hormones (cortisol) and impaired cognitive performance in neurodivergent populations.
• A Barrier to Learning (FAPE): Students who require a "quiet learning environment" as part of their IEP (Individualized Education Program) will be effectively denied their right to an education. A school located in a "constant hum" zone is an inaccessible school.
• The Inverter "Tone": Unlike wind or traffic, BESS inverters produce tonal noise (a single, persistent pitch). Tonal noise is psychologically more distressing than broad-spectrum noise and is often penalized in municipal noise ordinances because it is nearly impossible to "tune out."

5. Property Value & the "Industrial Stigma”: Effect A home is more than a residence; it is a family’s primary investment. Siting a high-hazard industrial BESS facility in an agricultural gateway creates a permanent "Stigma Effect."

• Market Depreciation: Data from the Lawrence Berkeley National Laboratory and MIT indicates that industrial energy projects can lead to property value declines. For homes within a "Hazard Zone" of toxic industrial plants, studies have documented housing value drops of up to 11%.
• Insurance Volatility: Adding a high-risk battery facility adjacent to a High Fire Hazard Severity Zone could lead to insurance non-renewals or skyrocketing premiums for neighboring homes.

6. Fiscal Risk to the District : The fear of a "Hot Zone" at the school gate is a threat to enrollment. A mass exodus of students would result in a multi-million dollar loss in ADA funding, destabilizing the entire Morgan Hill Unified School District budget.

7. Inadequate Community Engagement: To date, AES has explicitly declined to host a community town hall, stating they are "not prepared." Their choice to present only at a Board meeting—where Brown Act regulations prohibit interactive dialogue—suggests they are prioritizing project speed over public safety and transparency.

📢 To the Attention of: Santa Clara County Board of Supervisors, Fire Marshall Dobson & Fire Chief Sapien, San Jose City Council, Morgan Hill City Council & MHUSD: 

Why This Site Fails:

1. The "Single-Access" Safety Trap: CSMH is a single-access campus with only one way in and out through Monterey Rd. Federal Emergency Response guidelines (DOT #147) require a 330-foot isolation zone for lithium-ion battery fires.

• The Bottleneck: At this location, that 330-foot zone would completely block Monterey Road and the school's only exit.
• No Escape: 650 students, staff and livestock would be trapped unable to evacuate, while emergency responders are forced to close the only road to stage equipment.

2. Traffic Gridlock is Not a Safety Plan: Adding a high-hazard industrial facility to the most congested part of our town is a recipe for disaster.

• The Bottleneck Effect: Monterey Road is already at its breaking point. A fire at this facility would paralyze regional traffic for days and local emergency response is already strained by regional traffic; adding an industrial high-hazard site to this 'Gridlock Trap' creates a disaster scenario. If a fire requires shutting down Monterey Road, the 'seconds' that save lives in a school evacuation will be lost in the resulting chaos."

3. Toxic Fallout & Agricultural Contamination: Morgan Hill’s economy and heritage are built on its "Prime Farmland." This project threatens that legacy with permanent chemical damage:

• The Moss Landing Precedent: In January 2025, a similar BESS fire in Moss Landing released an estimated 55,000 pounds of heavy metals (Nickel, Cobalt, Manganese) as metallic ash.
• Agricultural Ruin: These metals do not wash away; they settle on soil and crops. Because of our geography, a toxic plume from Monterey Road would be pushed directly over the Southeast Quadrant (SEQ)—the heart of Morgan Hill's preserved farmland, making our local produce unsellable and poisoning our soil for a generation.
• Financial Loss: BESS fires produce "sticky" ash containing Lithium, Nickel, and Cobalt. Once these settle on our local crops, the financial loss to Morgan Hill agriculture could be irreversible.
• Livestock Risk: Large animals like horses and cattle are at extreme risk of permanent lung damage, respiratory failure and blindness from even low-level exposure to Hydrogen Fluoride gas released during "venting" events. Our ranches and livestock have no protection against this toxic plume.

🛑 OUR PRE-FILING DEMANDS (ACTION REQUIRED NOW):

Our Demands to the SJ Deputy Fire Chief/Fire Marshal:

• Withhold Safety Certification: Exercise your authority under SB 283 to withhold certification for any site that lacks a guaranteed, non-obstructed secondary evacuation route for the 650 students at CSMH.
• Mandatory Peak-Hour Simulation: Require an independent, state-funded simulation proving—with real-time traffic data—how 650 students, 60+ staff member and the school's livestock can safely evacuate while Monterey Road is obstructed by emergency staging.
• The Rail Coordination Delay: How many minutes are added to the 'First Water on Fire' metric when crews must wait for Caltrain/Union Pacific to ground the 25,000V lines?
  Evacuation Flow Modeling: How long does it take to clear the CSMH campus when Monterey Road is restricted by the required 330-foot BESS isolation zone?
  The 'Dual-Hazard' Scenario: A safety validation of how crews will manage a battery fire while simultaneously managing a school evacuation across a high-voltage rail corridor.
• Resource Conflict Analysis: In a 'Compound Risk' event—where a wildfire in a High Fire Hazard Severity Zone occurs simultaneously with a BESS incident—local emergency response will be divided. We want documented proof of how the Department will manage a hillside fire while simultaneously securing a 330-foot isolation zone that blocks our school’s only exit. If the Department cannot guarantee simultaneous protection, the site is a Life-Safety hazard. 
• We are calling for a Multi-Agency Tabletop Simulation: We want the SJ Fire to prove—on paper and with data—that they can fight a wildfire and a battery fire at the same time without trapping our children.

Our Demands to the Santa Clara County Board of Supervisors, San Jose City Council & Morgan Hill City Council:

1. Immediate Zoning Protection: Adopt a "School Safety Buffer" Ordinance prohibiting BESS facilities within 3,200 feet of schools (per AB 303 standards).
2. SB 283 Early Intervention: Direct the San Jose Fire Chief to use the mandatory Pre-Filing Consultation to issue a formal "Safety Incompatibility" notice to AES before they can submit their CEC application.
3. CEC Readiness: Jointly pre-authorize the filing of formal "Petitions to Intervene" so that your legal teams are ready to fight the second a docket is opened.

Our Demands to MHUSD & CSMH Board:

1. Legal Intervenor Status: Formally apply to the CEC as a "Party of Interest" to ensure our students' safety is not traded for "developer payouts."
2. Scientific Oversight: Commission an Instructional Impact Study and a 3-mile "Contamination Cone" model to protect our instructional livestock and agricultural heritage from heavy metal fallout.
3. Indemnity Bond: Require AES to post a multi-million dollar Instructional Indemnity Bond to cover the replacement and care of our "Living Laboratory" assets in the event of a toxic release.

Until such an ordinance is in place, we demand: 

1. Mandatory Peak-Hour Hazard Mitigation Analysis (HMA):  A state-funded independent simulation that accounts for real-world traffic conditions. This study must prove—with empirical data—how over 650 students, 60+ staff members and livestock can safely evacuate a 330-foot 'Hot Zone' during peak gridlock hours (7:30 AM–9:00 AM) when the primary access road is obstructed by emergency response protocols." to Prove how 650 students can exit a 100-meter "Hot Zone" when the only road is gridlocked or closed. independent simulation that accounts for real-world traffic conditions. This study must prove—with empirical data—how 650 students, staff and instructional livestock, can safely evacuate during peak gridlock hours when the primary access road is obstructed by emergency response protocols
2. Agricultural & Instructional Animal Impact Study: We demand a comprehensive 3-mile 'Contamination Cone' model to determine how toxic plumes (specifically Hydrogen Fluoride and heavy metal particulate) will impact South County’s soil, air, and water. This study must include a specific health-risk assessment for the Charter School of Morgan Hill’s 'Living Laboratory' Instructional Livestock. It must provide clear protocols for the biological testing and long-term monitoring of these educational animals to ensure that the students’ hands-on science curriculum and the food safety of the school’s agricultural projects are not compromised by industrial fallout."
3. Comprehensive Decontamination & Instructional Indemnity Bond: We demand that AES post a multi-million dollar performance bond to guarantee the total remediation of local farms and school grounds. This bond must explicitly include Indemnity for Instructional Assets, covering the full replacement cost, veterinary care, and genetic testing of the Charter School of Morgan Hill’s 'Living Laboratory' livestock. In the event of a chemical release or metallic fallout, this bond must provide immediate funds for: 

• Veterinary Triage: Immediate medical intervention for animal respiratory distress or ocular burns.
• Bioaccumulation Testing: Independent blood and tissue analysis to determine if instructional animals are safe for student contact.
• Curriculum Replacement: Compensation for the loss of state-sanctioned agricultural science projects if animals must be culled or relocated due to soil or air toxicity.

*Signing is free! If asked to 'chip in,' you can simply click 'Skip'—those funds go to Change.org and NOT to our cause.

Documented AES Battery Fire Incidents-

✅ Chandler, Arizona (April 2022): A fire at the AES Dorman battery storage facility began on April 18, 2022, and smoldered for nearly two weeks. Hazardous gases, including hydrogen sulfide, were detected, prompting a 48-hour evacuation order for nearby businesses. Firefighters maintained a defensive posture, using a robot for interior ventilation and monitoring to avoid entering the building.
✅ Surprise, Arizona (April 2019): This incident at the McMicken facility (built by AES, now part of Fluence) resulted in a massive deflagration (explosion) that seriously injured four firefighters. The explosion occurred when firefighters opened a door after roughly three hours of thermal runaway, allowing oxygen to mix with accumulated explosive gases.
✅ Escondido, California (September 2024): A fire occurred on September 5, 2024, at an SDG&E substation in a unit provided by AES. This prompted immediate evacuations of over 500 businesses, a shelter in place order for residential areas & 3 school closures. The blaze lasted 13 hours. The incident, has since sparked broader debates over the safety of similar energy projects in San Diego County.