Prohibits certain battery energy storage systems within one thousand feet of a populated area, in N.Y. City
Summary
This bill would amend the New York Energy Law by creating a new article governing battery energy storage systems. It defines battery energy storage systems and divides them into two tiers based on capacity and configuration. Tier one systems are smaller systems with an aggregate energy capacity of 600 kilowatt hours or less, while tier two systems are larger systems or systems using more than one storage battery technology in an enclosed area.
The core policy change is a prohibition on constructing or operating any tier two battery energy storage system within 1,000 feet of a “populated area” in a city with a population of one million or more. For purposes of the bill, a populated area includes residentially zoned areas, schools, and hospitals. The bill takes effect immediately upon enactment.
Impact
The bill would add a new article 13 to the Energy Law and impose a location-based restriction on larger battery energy storage systems in New York City. It would affect developers, utilities, property owners, and local permitting or siting decisions for battery storage projects, particularly those near homes, schools, and hospitals. Smaller tier one systems would not be covered by the prohibition, but tier two systems would be barred from the specified buffer zone.
Sentiment
No committee transcript or recorded vote is available, so there is no direct evidence of debate or formal support/opposition in the provided materials. Based on the bill text alone, the measure appears to reflect a precautionary approach to battery storage siting in dense urban areas, likely motivated by safety or land-use concerns. The bill was introduced and referred to the Assembly Committee on Energy, indicating it was still in early committee consideration.
Contention
The main point of contention is likely the 1,000-foot setback for tier two battery energy storage systems in New York City, because it could significantly limit where large projects may be built. Supporters would likely emphasize protection for residential neighborhoods, schools, and hospitals, while opponents may argue the restriction is overly broad, could hinder clean-energy deployment, and may be difficult to implement in a dense urban environment. The tiered definition itself may also be debated, since it draws a regulatory line between smaller and larger systems that could affect project design and feasibility.
Same As
Prohibits tier two battery energy storage systems within one thousand feet of a populated area, in a city with a population of one million or more.
Prohibits the construction or maintenance of energy storage systems capable of storing more than twenty kilowatt hours within five hundred feet of a school or dwelling in a city with a population of one million or more.
Prohibits the construction or maintenance of energy storage systems capable of storing more than twenty kilowatt hours within five hundred feet of a school or dwelling in a city with a population of one million or more.
Provides that the future siting and construction of battery energy storage systems and related facilities, systems, infrastructure, and substations of any scale and possessing any storage capacity, and including, but not limited to, those deploying lithium-ion batteries, are prohibited on Long Island, in the counties of Suffolk and Nassau.
Requires notice to elected officials when there is a proposed battery energy storage system in such officials district; defines what qualifies as a battery energy storage system.
Authorizes ORES to issue siting permits for battery energy storage systems for use by data centers, regardless of the expected storage or transmission capacity of such battery energy storage systems, and whether or not such battery energy storage systems will be co-located with renewable energy systems; requires data centers to submit carbon reduction plans.
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 three 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.
Relates to qualified energy storage systems; authorizes energy storage permitting under the office of renewable energy siting and electric transmission.