Other References

Zoning By-law Amendment Proposal Summary

Applicant: City-initiated File Number: D01-01-24-0011/D02-02-24-0012

Comments due date: October 30, 2024

File Lead: Melissa Jort-Conway

Ward: City-wide

Site Location

City-wide

Applicant’s Proposal

A battery energy storage system (BESS) is an emerging technology using batteries and associated equipment to store excess energy from the electrical grid, which can then discharge energy in periods of high demand. BESS facilities can be used to provide backup power to individual sites or transmission scale projects built to support the provincial grid. The battery storage units associated with a BESS facility are subject to Planning Act requirements.

Only the transmission components of a BESS facility (i.e. transformer stations, transmission lines) may be subject to the Class Environmental Assessment for Minor Transmission Facilities under the Environmental Assessment Act which exempts them from the Planning Act. All parts of a BESS facility that are associated with an undertaking or Part II.3 project under the Environmental Assessment Act that are carried out by either Hydro One Inc. or Ontario Power Generation Inc. are exempt from Planning Act requirements. Official Plan and Zoning By-law provisions are therefore needed in anticipation of new BESS facilities being proposed in Ottawa. On May 9, 2024, the Independent Electricity Systems Operator executed contracts with ten (10) proposed transmission scale BESS projects in the province, two (2) of which are to be located in Ottawa Rural Wards 5 and 21. Both BESS facilities are required to comply with all provincial and municipal regulations and associated approvals and permit processes, before development can begin.

On December 6, 2023, City Council directed staff to include BESS facilities as a land use in the development review and approvals processes, including recommendations for managing the province’s Municipal Support Resolution (MSR) process.

On October 20, 2024, the Provincial Planning Statement, 2024 will come into effect. Policy 3.8 states that “planning authorities should provide opportunities for the development of energy supply including energy storage systems”. Energy storage systems are defined as: “a system or facility that captures energy produced at one time for use at a later time to reduce imbalances between energy demand and energy production, including for example, flywheels, pumped hydro storage, hydrogen storage, fuels storage, compressed air storage, and battery storage”.

A proposed Official Plan and Zoning By-law Amendment has therefore been initiated to provide land use policy direction for BESS facilities, as well as set out the review requirements which are to apply for any such uses to be permitted on any specific site.

Proposal Details

Proposed Official Plan Amendment Summary

The proposed Official Plan Amendment would add a new section to Chapter 4 (City-Wide Policies) to provide land use policy direction specific to the siting of BESS facilities, including:

• Permit BESS as a principal use in the Rural Countryside and Natural Environment Area designations, outside of Villages and the Natural Heritage Features Overlay, to be conditional upon the approval of a Zoning By-law Amendment application and a Municipal Support Resolution from City Council, and based on review of the following; That the maximum separation distance outlined in Hydro One’s Fire Protection Risk and Response Assessment Standard be applied to residential use buildings, day care, place of worship, school, library, community centre, community health and resource centre, open space, park or institutional use, or otherwise informed by results of the following:

▪ Noise Control Study;

▪ Compliance with all applicable third-party standards to ensure the safe operation and prevent damage to the BESS and land. At a minimum, UL 9540A test results shall be provided, and the BESS shall be compliant with UL 9540, UL 1973, and NFPA 855;

▪ Environmental Impact Study, where applicable;

▪ Provision of an Emergency Response Plan to the satisfaction of Ottawa Fire Services;

▪ Provision of a Commissioning and Decommissioning Plan.

• Permit BESS only as an On Farm Diversified Use within the Agricultural Resource Area designation; and

• Permit BESS as an accessory use in all land use designations, outside of Environmental

Constraints Areas, as shown on Schedule C15.

Proposed Zoning By-law Amendment Summary

Currently, BESS fall within the definition of a utility installation in the Zoning By-law. Utility installations are permitted in all zones except Environmental Protection (EP), Mineral Extraction (ME) and Mineral Reserve (MR). The proposed zoning by-law amendments would amend Zoning By-law No. 2008-250 to come into conformity with the policies the Official Plan, including:

• Adding a new definition for BESS as follows:

Battery Energy Storage System (BESS) means a stationary rechargeable energy storage system consisting of batteries, battery chargers, controls, power conditioning systems and associated electrical equipment and fire suppresant systems, intended to store power from a generation source or the transmission grid during periods where supply exceeds demand, and discharge when additional energy is needed, and which may be associated with a renewable energy generation facility, and may also include, as an accessory use, indoor or outdoor BESS serving a single site to provide electricity to building(s) as well as for vehicle charging.

• BESS will not be added to any zone as a permitted use. As a result, a proponent for a BESS will be required to apply for a zoning by-law amendment to permit a proposed facility.

• Adding a new Section 91-A – Accessory Battery Energy Storage System to permit BESS as an accessory use in all zones except Environmental Protection (EP), Mineral Extracti(ME) or Mineral Reserve (MR) and outside of the flood plain overlay or Conservation Authority Regulated Limits. An accessory use supports a permitted use in a secondary way; o Limit residential accessory BESS to the exterior surface of the building, or within an attached or detached garage or other free-standing accessory structure, with maximum storage capacity in compliance with Ontario Electrical Safety Code requirements; and o Limit the energy storage capacity of non-residential accessory BESS, establish setbacks from adjacent lot lines, rights-of-way and buildings, and require screening from a public street or residential use on an abutting lot.

• Amending the definition of On Farm Diversified Use to include battery energy storage system in compliance with updates to the Provincial Planning Statement 2024.

Timelines and Approval Authority

The “On Time Decision Date”, the target date the Official Plan and Zoning By-law Amendment application will be considered by the City’s Agriculture and Rural Affairs Committee is December 5, 2024 and Planning and Housing Committee is November 20, 2024.

Submission Requirements

If a person or public body would otherwise have an ability to appeal the decision of Council of the City of Ottawa to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Ottawa before approval is given, the person or public body is not entitled to appeal the decision.

If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Ottawa before approval is given, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

Stay Informed and Involved

1. Register for future notifications about this application and provide your comments either bymailing the notification sign-up form in this package or by e-mailing me and adding File No. D01-01-24-0011/D02-02-24-0012 in the subject line.

a. Please note, comments will continue to be accepted after the initial comment period due date noted above. However, comments received after the above date may not be reflected in the staff report.

2. Access submitted plans and studies regarding this application online at ottawa.ca/devapps.

3. If you wish to be notified of the decision on the application, you must make a written request to me. My contact information is below.

4. For more information on BESS uses, please refer to the Engage Ottawa page which has recently been updated.

5. Should you have any questions, please contact me.

Melissa Jort-Conway, Planner III

Strategic Initiatives Department

City of Ottawa

110 Laurier Avenue West, 4th Floor

Ottawa, ON K1P 1J1