Leases and Easements for Energy Storage Projects Excluded from Subdivision Map Act
Leases and Easements for Energy Storage Projects Excluded from Subdivision Map Act
On August 29, Governor Newsom signed AB 2625, which excludes from the Subdivision Map Act (“Map Act”) leases and easements for qualifying energy storage projects. The new law clarifies that leases and easements for the financing, erection, and sale of energy storage projects are, like leases and easements for qualifying wind and solar projects, not subject to the Map Act. The subdivision process increases development costs, takes time, may require a public hearing, and provides a potential litigation target for project opponents.
AB 2625’s express exclusion only applies to energy storage projects already subject to local agency discretionary action. However, most energy storage projects fall into that category and AB 2625 should therefore contribute to California’s efforts to speed up deployment of battery storage systems.* Leases and easements for solar, wind, and biogas projects have long been excluded from Map Act requirements, so AB 2625 also improves parity in local permitting requirements between various clean energy technologies.
Standalone energy storage projects not otherwise subject to local agency discretionary action may also qualify for a Map Act exclusion under Government Code section 66412.1’s exclusion for the financing or leasing of industrial buildings on a single parcel.
If you have questions about AB 2625 and its potential applicability to your project, please contact one of Cox Castle’s renewable energy attorneys.