The recent fire at the Moss Landing battery storage facility is deeply troubling, and the community continues to seek answers nearly a week later. The day after the fire began, I joined California Energy Commission Chair David Hochschild and other elected leaders at the incident command center in Moss Landing to receive an initial briefing on the fire’s timeline, air quality & environmental concerns, and potential impacts on local residents.
In 2023, I authored Senate Bill 38 to require battery storage facilities to develop and submit an emergency safety plan, recognizing the growing prevalence of these systems to meet our state’s clean energy goals. Among the requirements of this bill was that each battery storage facility located in California have an emergency response and emergency action plan. SB 38 further required that in developing the plan, there be coordination with local emergency management agencies, unified program agencies, and local first response agencies. Such a plan was required to be filed with the city or county in which the facility is located.
In this case, a plan was completed by Vistra in September 2023 – four months before the law formally went into effect. While the plan was extensive, it was not filed after the bill became law. There are questions as to whether the report covered plans for an incident of this magnitude. Furthermore, it appears that PG&E has not filed an emergency safety plan for their adjacent battery storage facility in compliance with the law.
It is imperative to determine whether the specific plan that was submitted by Vistra to local authorities was implemented effectively during this incident, and since it was filed prior to the law going into effect—if the report was consistent with the new law. In reviewing the effectiveness of this law, we could consider setting deadlines for submitting these reports and requiring periodic updates to encourage ongoing coordination between cities, counties, and facilities.
To help rebuild community trust that the facility can operate safely, significant changes are necessary. While the system currently remains offline, Vistra must take immediate steps to address these issues, including:
- Providing the Monterey Bay Air Resources District with sufficient SPM Flex gas detectors to effectively track hydrogen fluoride (HF) levels.
- Collaborating with the North County Fire Protection District to expand their capacity and readiness to respond to incidents of this scale.
- Initiating additional environmental monitoring and testing such as air, soil, water, and particulate matter assessments.
- Presenting emergency safety plans required under SB 38 at a public forum to increase transparency and accountability.
I extend my deepest gratitude to the first responders who have worked tirelessly to protect and inform our community during this challenging time. The impacts of this fire have been profound—from the financial hardships faced by small businesses affected by the highway closure to the stress and disruption caused from the evacuation. These challenges underscore the importance of not only addressing the immediate aftermath but also implementing long-term solutions to prevent similar incidents in the future. My office is fully committed to finding answers, advocating for necessary reforms, and ensuring the health, safety, and well-being of our Central Coast communities.
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