HomeMy WebLinkAboutOrdinance 26-002 Emergency Interim Ordinance Prohibiting Battery Energy Storage Systems BESSCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.26-002
AN EMERGENCY INTERIM ORDINANCE OF THE CITY OF SPOKANE VALLEY,
SPOKANE COUNTY, WASHINGTON, PROHIBITING BATTERY ENERGY STORAGE
SYSTEMS WITHIN THE CITY.
WHEREAS, the City of Spokane Valley ("City") is a noncharter code city established in
accordance with Title 35A, Title 11 of the Revised Code of Washington; and
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City
of Spokane Valley ("City") is authorized to "make and enforce within its limits all such local
police, sanitary and other regulations as are not in conflict with general laws," which includes the
adoption of regulations governing land uses within the city; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City Council to enact
an interim land use regulation prior to holding a public hearing, provided the City conducts a public
hearing on the interim regulation within 60 days of the date of adoption of the same; and
WHEREAS, pursuant to WAC 197-11-880, the adoption of this interim land use ordinance
is exempt from the requirements of a threshold determination under the State Environmental
Policy Act (SEPA) and future permanent zoning regulations will be reviewed in accordance with
SEPA Rules; and
WHEREAS, the development and use of Battery Energy Storage Systems ("BESS") is
increasing throughout the country; and
WHEREAS, BESS is an emerging type of energy storage technology that uses groups of
large, rechargeable batteries to store electrical energy for fixture use and typically consists of
batteries, power conversion systems, and control equipment; and
WHEREAS, BESS facilities were not anticipated when the City's zoning code was
adopted, and therefore BESS facilities are not addressed in the Spokane Valley Municipal Code
("SVMC"); and
WHEREAS, BESS facilities can have significant and serious risks, such as thermal
runaway situations, fires, explosions, and the release of toxic gases therefrom, which present a
danger to the public health, safety and welfare; and
WHEREAS, BESS facilities may be designed in a variety of ways depending on the
number of battery modules and the type of batteries used (e.g., lithium -ion, lead -acid, nickel -
cadmium, sodium -sulfur); and
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WHEREAS, time is needed for the City Council to study whether or not BESS facilities
are compatible within certain uses and zoning designations, either as permitted or conditionally
allowed uses, and if so, in which zone(s) and whether current zoning regulations in the City and/or
other official controls and development standards need to be updated to ensure such facilities can
be safely and appropriately sited within the City; and
WHEREAS, applying current zoning regulations to new technologies and business models
such as BESS facilities could result in BESS facilities being located in heavily populated and/or
travelled areas of the City without safeguards that are necessary to protect public health, safety,
and welfare from serious harm, particularly when current regulations have not been reviewed or
updated for best practices nor reconsidered in light of technological changes and effects that BESS
facilities have on surrounding areas and community resources; and
WHEREAS, in order to protect public safety, health and welfare, the City Council finds
that it is necessary to adopt an emergency interim ordinance prohibiting the development of BESS
facilities within the City until after City Council is able to study the issue and adopt regulations
necessary to protect public health, safety and welfare; and
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Preliminary Findings. The City Council hereby adopts the above recitals as
findings of fact in support of this Ordinance.
Section 2. Interim Amendment Adopted. The City Council hereby declares an
emergency and adopts SVMC 19.60.060, attached hereto as Exhibit A, on an interim basis for the
next 365 days unless earlier terminated by Council. This temporary interim ordinance is adopted
pursuant to RCW 35A.63.220 and RCW 36.70A.390.
Section 3. Public Hearing. Pursuant to RCW 35A.63.220, the City Council shall
conduct a public hearing on this interim ordinance on March 17, 2026, at 6:00 p.m., or as soon
thereafter as the matter may be heard, to hear and consider the comments and testimony of those
wishing to speak at such public hearing regarding the interim amendment set forth in this
Ordinance. The hearing will take place at the City of Spokane Valley City Hall in City Council
Chambers, 10210 East Sprague Avenue, Spokane Valley, 99206. Immediately after conducting
the public hearing, the City Council shall adopt findings of fact on the subject of this interim
amendment and either justify the continued adoption of the interim amendment, cancel the interim
amendment, or modify the interim amendment as determined necessary.
Section 4. Work Plan. A year is necessary for the City to accomplish the following
studies and investigative review to determine whether, and if so, under what conditions and
regulations BESS facilities can be sited within the City. During the moratorium period: (i) City
staff and the Planning Commission will study and evaluate the issues concerning the nature of
BESS, including the dangers and risks posed thereby, potential compatible and incompatible uses,
and the prevailing best practices of land use planning agencies to protect the public from the
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dangers posed by BESS facilities, (ii) City staff will develop a draft ordinance with recommended
land use regulations for BESS facilities, (iii) the draft ordinance will undergo SEPA review, (iv)
the Planning Commission will review the draft ordinance, hold a public hearing, and thereafter
recommend permanent regulations that address whether, where and under what regulations and
restrictions BESS facilities may be located within the City, and (v) City Council will thereafter
review and take action on the Planning Commission's recommendation.
Section 5. Duration. The interim regulations set forth in this Ordinance shall be in
effect as of the date of this Ordinance and shall continue in effect for a period of 365 days from
the date of this Ordinance, unless repealed, extended, or modified by the City Council after
subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW
35A.63.220.
Section 6. Ratification. Any act consistent with the authority set forth herein and prior
to the effective date of this Ordinance is hereby ratified and affirmed.
Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance
shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this Ordinance.
Section 8. Declaration of Emergency; Effective Date. For the reasons identified
above, the City Council hereby finds and declares (i) a public emergency exists threatening the
public health, safety, and welfare; and (ii) this interim ordinance must be imposed as an emergency
measure to protect the public health, safety, and welfare while the City considers permanent
regulations pertaining to BESS facilities. This Ordinance does not affect existing vested rights, nor
will it prohibit development within the City since all other allowable uses are not affected by this
interim amendment. Based on the reasons and declaration of emergency stated herein, this
Ordinance shall take effect immediately upon adoption by the City Council.
Passed by the City Council this 3rd day of February, 2026.
Laura Padden, Mayor
ATTEST:
City Cle k, Marci Patterson
Approv d as to rm:
Offic;�ZAe Ci Attorney
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EXHIBIT A
19:60.060 — Battery Energy Storage Systems Facilities Prohibited
A. "Battery Energy Storage Systems" or "BESS" means a system consisting of one or more
rechargeable batteries assembled together, capable of storing energy in order to supply
electrical energy at a future time. Such systems typically include battery chargers, controls,
power conditioning systems, and associated electrical equipment, and are typically used to
provide standby or emergency power, uninterruptable power supply, load shedding, load
sharing, smoothing and dispatching of intermittent renewable energy sources, or similar
capabilities. As used herein, BESS does not include energy storage systems that are unable
to store more than two (2) megawatts of electrical energy.
B. BESS are prohibited from locating or otherwise being developed within the City of Spokane
Valley, and the City is prohibited from accepting any application to develop BESS in the City.
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