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; requires minimum setback requirements for commercial energy storage systems, with a capacity of five megawatts or greater, of no less than seven hundred fifty feet from residential property and no less than three hundred feet from residential property located in a city with a population of one million or more inhabitants; 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: A6955B
SPONSOR: Williams PURPOSE OR GENERAL IDEA OF BILL:
This legislation aims to ensure that battery energy storage systems are
sited with appropriate distance from neighboring properties and are
developed with meaningful community input to protect public safety and
local interests.
SUMMARY OF PROVISIONS:
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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 setbacks.
Sections 2 & 3: Amends the New York City Fire Code to require a minimum
300-foot setback from a dwelling, house, farm building, or school build-
ing that is actually occupied or used for cities with a population of
greater than 1 million and 750-feet for those with populations under 1
million for commercial battery storage 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 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 300 feet
from homes, farms, and schools to reduce the danger of fire or other
hazards in large cities and 750 feet in smaller jurisdictions. 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.
