Add §74-c, Pub Serv L; amd §§104.1.2 & 104.2, NYC Ad Cd; amd §263, Town L; amd §7-704, Vil L
Directs the department of public service to promulgate rules, regulations and model policies regarding setback requirements for the siting of battery energy storage systems and for financial surety requirements; requires minimum setback requirements for commercial energy storage systems, with a capacity of five megawatts or greater, of no less than one thousand feet from residential property; requires public hearings prior to the approval of an application for a permit for such systems.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6955A
SPONSOR: Williams TITLE OF BILL:
An act to amend the public service law, the New York city fire code, the
town law and the village law, in relation to setback and financial
requirements relating to the siting of battery energy storage systems
PURPOSE OR GENERAL IDEA OF BILL:
This legislation aims to ensure that battery energy storage systems are
sited with appropriate distance from neighboring properties, are backed
by sufficient financial assurances, and are developed with meaningful
community input to protect public safety and local interests.
SUMMARY OF PROVISIONS: Click here to enter text.
Section 1: Amends the Public Service Law by adding a new section 74-c to
require the Department of Public Service, in coordination with other
state agencies, to provide municipalities with model laws and guidance
for battery storage siting, including minimum 250-foot setbacks and
financial surety requirements (e.g., bonds, insurance).
Sections 2 & 3: Amends the New York City Fire Code to require a minimum
250-foot setback from residential property for commercial battery stor-
age systems of 5 MW or greater, and mandates a community hearing before
approval of such projects.
Sections 4 & 5: Amends the Town Law and Village Law to allow munici-
palities to establish regulations for battery storage systems, including
setback and financial security provisions.
Section 6: Clarifies that nothing in this act requires towns or villages
to amend local codes unless they choose to.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Amended version extends setback from two hundred fifty feet to one thou-
sand. Requires facilities to be located on industrial property.
JUSTIFICATION:
Battery energy storage systems are a growing component of New York's
clean energy infrastructure. However, without clear siting and safety
standards for these facilities, they may pose risks to neighboring prop-
erties and communities. This bill ensures a minimum distance of 250 feet
from homes, farms, and schools to reduce the danger of fire or other
hazards. It also requires developers to demonstrate adequate financial
security to address potential incidents and decommissioning costs. Addi-
tionally, impacted communities need to have an opportunity to provide
input before a project is approved, ensuring transparency and local
involvement. These measures help to balance New York's clean energy
goals with public safety and community trust.
PRIOR LEGISLATIVE HISTORY:
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FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law and apply to comprehensive plans established or
amended on or after such effective date.
