California CEC Opt-In Certification for BESS: How the Accelerated Permitting Pathway Works

The CEC Opt-In Certification Program is an accelerated permitting pathway administered by the California Energy Commission (CEC) for large clean energy projects, including battery energy storage systems (BESS). Authorized under Assembly Bill 205 (AB 205) in 2022 and expanded in 2023, the program allows developers to obtain a single state permit from the CEC in lieu of local permits and most state permits.

For BESS developers facing local moratoriums, lengthy zoning battles, or complex multi-agency permitting in California, the Opt-In program offers a streamlined alternative with a defined decision timeline.

What Is the CEC Opt-In Program

The Opt-In Certification Program gives the CEC authority to permit eligible clean energy facilities directly. When a developer elects to use the program, the CEC’s approval supersedes and replaces otherwise required permits from local agencies and most state agencies. The CEC conducts its own environmental review, including CEQA compliance, tribal consultation, and community engagement.

Governor Newsom’s AB 205 originally created the Opt-In pathway for certain renewable energy projects. In 2023, the CEC’s authority was broadened to include large-scale BESS projects with capacities of 200 megawatt-hours (MWh) or more. Recent legislative amendments have further streamlined the program by allowing the CEC to certify a Mitigated Negative Declaration instead of requiring a full Environmental Impact Report (EIR), and by adding a rebuttable presumption that approved facilities provide a net positive economic benefit to the local jurisdiction.

It is an entity included on specific federal restriction lists, such as the Bureau of Industry and Security Entity List, the Treasury Department’s Non-SDN Chinese Military-Industrial Complex Companies List, or the DOD list of Chinese military companies.

As of mid-2026, the CEC has approved three major clean energy projects through the program, totaling roughly 3,300 megawatts of capacity. Eight projects are in the Opt-In queue.

Eligibility Requirements

To qualify for the Opt-In Certification Program, a BESS project must meet the following criteria:

The energy storage facility must have a capacity of at least 200 MWh. Projects below this threshold must pursue local permitting.

The project must be a clean energy facility as defined under AB 205 — this includes standalone battery storage, solar-plus-storage, and other qualifying technologies.

The developer must voluntarily elect to use the program. The “Opt-In” designation means participation is the developer’s choice, not a mandate.

The Opt-In Process and Timeline

Once a developer submits an application, the CEC reviews it for completeness. After the application is deemed complete, the CEC has 270 days to make a decision — approve, approve with conditions, or deny.

During the review period, the CEC conducts environmental analysis under CEQA, engages with local communities and tribal governments, evaluates safety and fire prevention measures, and establishes conditions of certification. If approved, the CEC monitors construction and operation throughout the project’s lifetime.

The 270-day decision clock provides developers with a defined timeline, a significant advantage over local permitting processes that can stretch over multiple years in contested jurisdictions.

When to Choose CEC Opt-In vs. Local Permitting

The Opt-In pathway is most advantageous when local permitting faces obstacles: active moratoriums on energy storage, hostile zoning environments, or jurisdictions without established BESS permitting frameworks. It effectively bypasses local opposition by placing the permitting decision at the state level.

However, the program is not always the right choice. Projects with supportive local governments and straightforward permitting may move faster through the conventional process. The CEC’s 270-day timeline, while predictable, still involves substantial environmental review.

For a broader view of BESS moratoriums and permitting challenges across California, see Carina Energy’s California BESS Moratoriums page at carina energy.

Carina Energy is a boutique owner’s representative firm specializing in BESS permitting and development. If you’re evaluating the CEC Opt-In pathway for a California project, learn more about our approach at carina energy.