Battery Energy Storage Systems (BESS) are arriving in Leon County. At least four facilities have been approved or proposed countywide, with at least two slated for ESD3. This page collects the key resources residents, first responders, and local officials need to understand the safety landscape — including what Texas law says about county oversight authority.

Texas Regulatory Resources

Texas Department of Insurance — State Fire Marshal’s Office BESS Safety FAQ — covers NFPA 855 requirements, thermal runaway, fire detection, suppression standards, and emergency planning obligations for facility operators in Texas.

Texas Local Government Code — Chapter 352 (County Fire Protection) The statutory authority under which a county commissioners court may establish the office of county fire marshal. Under this chapter, a county fire marshal is required to inspect facilities, enforce fire and explosion regulations, and coordinate with local fire departments — including ESDs.

Federal Resources

U.S. Environmental Protection Agency The EPA has developed comprehensive guidance on BESS installation safety, incident response planning, shelter-in-place considerations, and lessons learned from major fire events.

EPRI BESS Failure Incident Database The Electric Power Research Institute maintains a publicly accessible database of BESS failure incidents worldwide. An important reference for understanding real-world failure rates — and why the commonly cited industry figures may be understated.

NFPA 855 — Standard for the Installation of Stationary Energy Storage Systems The primary safety standard governing BESS installations in Texas and nationwide. Covers thermal runaway protection, fire detection and suppression, gas detection, explosion control, and emergency operations planning.

Moss Landing, California — January 2025

The Moss Landing fire is the most significant BESS incident in U.S. history and the largest lithium-ion battery cleanup ever overseen by the EPA. It offers a critical real-world case study for any community facing BESS development.

What happened: On January 16, 2025, the Vistra Energy BESS facility in Moss Landing, California caught fire. The facility contained approximately 100,000 lithium-ion battery modules. The fire burned for roughly three days, reignited in February, forced the evacuation of over 1,200 residents, and released a toxic plume of heavy metals — including nickel, manganese, and cobalt — across wetlands and surrounding communities within a 2-mile radius. More than a year later, cleanup is ongoing and long-term health and environmental impacts remain uncertain.

Other Notable BESS Fire Incidents

Gateway Energy Storage Facility — San Diego, California (May 2024) A fire at the Gateway facility involved approximately 15,000 nickel manganese cobalt lithium-ion batteries and experienced continued flare-ups for seven days. The EPA subsequently required extensive environmental monitoring and detailed reporting from the operator.

Church Street Battery Storage Facility — Warwick, New York (December 2025) A fire at a Convergent Energy & Power facility in Warwick, NY on December 19, 2025 prompted a multi-agency response and air quality monitoring. The village mayor’s office noted that hydrogen cyanide reached detectable levels near the facility during the event. Warwick has experienced multiple BESS incidents in recent years and the community has repeatedly raised concerns about operator responsiveness to safety requests.

Warwick, New York — Prior Incidents (2023) Multiple BESS incidents at Convergent-operated facilities in Warwick predate the December 2025 fire, including a fire traced to a manufacturing defect allowing moisture infiltration. The incidents contributed to increased regulatory scrutiny at the state level and remain relevant as a pattern of recurring risk at the same operator’s sites.

  • See links above.

Understanding the Risk — Analysis and Research

“The Hidden Risk Behind Growing Battery Storage Capacity” An independent analysis challenging the industry’s characterization of BESS fires as “extremely rare,” examining methodological flaws in the EPRI failure rate data and arguing that the actual risk to individual facilities is likely understated.

Science Feedback: Are Grid Battery Storage Systems Fire-Prone? A balanced review of the current state of BESS fire data, including why failure rates may be undercounted and what experts say about proximity to habitable areas.

U.S. Has Suffered Second-Highest Number of Major Storage Fires An analysis of the EPRI global incident database showing the United States ranks second worldwide in major BESS failure events, behind South Korea.

Know Leon County Resources

Stay informed on local developments related to BESS, data centers, and responsible growth in Leon County.

Page maintained by Michael Rice. Last updated March 2026. If you have additional resources to suggest, contact us through the Know Leon County website.