Mayor Christopher Johnson presents an ordinance that regulates the implementation of battery storage systems in town.
Photo credit: Agawam Media
AGAWAM — Whether residents like it or not, battery energy storage systems are coming to a community near you, and unless local regulations are put in place, developers can usually put the battery banks wherever they want.
To combat this “wild, wild west” mentality and prevent developers from circumventing local government, the Agawam City Council unanimously passed the first reading of an ordinance that allows the town to regulate these storage systems.
According to Mayor Christopher Johnson, these facilities, also known as BESS systems, are part of the “energy sustainability universe” and enjoy the same status as solar arrays do at the state level.
The systems basically store electricity: they charge their batteries when power is cheap on the grid and release their energy when power is needed on the grid.
While more prevalent than ever, there are safety and environmental concerns that accompany the BESS systems, which is why Agawam wants to make sure they have strict regulations for developers to follow.
To combat apprehension, the mayor’s proposed ordinance says these systems must meet the “maximum amount of protections,” including the National Fire Protection Association standard and UL underwriter’s laboratory requirements.
“The way I look at it is I would much rather be in a situation where we have reasonable regulations or reasonable zoning ordinance that governs them,” Johnson said. “I would encourage that if [BESS systems] were to come to Agawam … that they go through the local process.”
In the eyes of Johnson and city councilors, this ordinance would be an important hurdle for the town to wield, especially after concerns were raised about fires that occurred at battery energy storage systems in other states.
During the public speaking portion of the council meeting on April 7, Westfield City Councilor Dan Allie said that four out of the eight battery storage facilities in New York caught fire in 2023 alone, and the world’s largest battery storage plant in northern California smoldered earlier this year.
Allie said the northern California fire burned for five days and released toxic fumes.
Local legislators in both states filed motions to mandate local engagement and create buffer zones between the sites and the communities, according to the Westfield councilor.
Here in Western Massachusetts, Allie said a Delaware-based limited liability company called Jupiter Power filed with the Massachusetts Department of Utilities in 2024 for an exemption from local ordinances to build a battery energy storage system with 219 units along Southampton Road in Westfield.
He said that the proposal proceeded with relatively little notice given to the public or elected officials, and when developers eventually went in front of the public during a DPU hearing in December, they deferred to a 5,000-page application instead of answering questions.
Noting environmental concerns, Allie said the Westfield City Council submitted a resolution in December opposing the buildout of a BESS facility.
“If a fire occurred in one of the 219 lithium battery storage units … It would pose significant environmental, public health and safety impacts to the surrounding communities,” Allie said.
Because battery storage systems enjoy protected status under Massachusetts General Law, the proposed ordinance in Agawam would be an integral buffer for the town when developers come looking to build one of these systems.
City Councilor Dino Mercadante said the ordinance may actually make it more difficult for companies to come in and build these facilities due to the proposed ordinance’s strict measures.
“This may actually act as dissuading a company from coming here if we have residents that are concerned about health issues, fire issues and so on and so forth,” Mercadante said. “An ordinance on the book could actually work in favor of the people that disagree with having a battery storage unit in their community.”
Thousands of battery storage systems operate quietly and safely in small communities across the country, according to Agawam Fire Chief Alan Sirois, including a couple in Agawam. He and Johnson noted that there is one large facility attached to Tuckahoe Turf Farm and one small one going through the town’s Planning Board now.
There are also a few smaller boxes sprawled throughout Feeding Hills, according to Sirois.
One common concern that comes with these battery storage facilities is when they do catch fire, there is no extinguishment tactic that can be used to put it out other than letting them burn. Sirois said the lithium-ion batteries will create their own oxygen and burn until it is consumed.
Despite this concern, Sirois said the systems being talked about here are “vastly different” from the one in California that caught on fire.
He noted that the Agawam Fire Department already has a lot of experience dealing with battery fires and would do its best to contain an incident involving a battery storage system if something bad were to happen.
For Sirois and the Fire Department, Johnson’s proposed regulations would add a significant layer of governance for the town.
The ordinance not only requires proof of liability insurance, but also a submittal of fire test data, evaluation information, fire safety compliance plans and maintenance manuals for a facility.
It also forces owners of larger BESS systems to provide a bond to the town that would cover the cost of decommissioning the facility if the owner were to walk away, according to Johnson.
“This ordinance does not propose the immediate installation of [battery storage] systems in the city of Agawam,” Sirois said. “It simply gives us a governance tool to ensure that when [battery storage systems] are installed, we have the best possible administrative governance tool to ensure that they are installed and maintained to the highest standard from cradle to grave.”
Councilors voted 11-0 in favor of the ordinance’s first reading.
City Councilor Robert Rossi said he has no issue with the ordinance or with how the Fire Department handles battery incidents, but he criticized the state and federal government for thinking that something like a battery storage system would solve the country’s energy crisis.
“Currently, we are about 30 years behind on our energy needs in this country, and our government has failed to respond to that need,” Rossi said. “These BESS systems are not a magic bullet … It’s not going to solve the issues of energy crisis that we have in this country. But I guess it’s here. We have to deal with it.”
The council will vote on the second reading of the ordinance at a future meeting.
