BILL NUMBER: S5208
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the New York city charter and the general municipal law,
in relation to notice and inspection requirements for battery energy
storage systems in a city with a population with one million or more
 
PURPOSE:
Battery energy storage systems (BESSs) are emerging as new technology to
help use energy from existing sources when it is both inexpensive and
readily available and redistribute it to distribution grids during times
of peak demand when existing power grids are under the greatest load
demand and therefore supply is low and pricing is high. However, with
this new technology there is a need for regulatory notification and
inspection for the purpose of community safety.
 
SUMMARY OF PROVISIONS:
Section 1: Adds two new paragraphs to existing subdivisions of New York
City Charter. Paragraph 23 provides public notice to residents of the
community district of any planned siting and construction of battery
energy storage systems (BESSs) as defined by section one hundred thir-
ty-seven of the general municipal law, or related facilities, systems,
infrastructure, or substations of any scale and possessing any storage
capacity, including those deploying lithium-ion batteries.
Provide for annual safety inspections of any battery energy storage
systems, as defined by section one hundred thirty-seven of the general
municipal law, and related facilities, systems, infrastructure, and
substations of any scale and possessing any storage capacity including
those deploying lithium-ion batteries, located in the community
district.
Section 2: Adds new section 137 which adds definitions for BESSs, tier
one or tier two battery energy storage systems. A detailed notice of any
planned siting and construction of battery storage systems or related
facilities, systems, infrastructure, or substations of any scale and
possessing any storage capacity, including those deploying lithium-ion
batteries in a city with a population of one million or more, shall be
provided to the community board of the community district where such
planned siting and construction is located. Additionally, details of
all planned safety features included in such planned siting and
construction.
An entity operating a BESSs in a city of a population of one million or
more shall submit to any requirements of the community board of the
community district in which such battery energy storage system is
located, regarding such community board's compliance with the notice and
inspection requirements under paragraphs twenty-three and twenty-four of
subdivision d of section twenty-eight hundred of the New York City Char-
ter.
Section 3. This act shall take effect immediately.
 
JUSTIFICATION:
Safety risks are the single biggest factor adding friction to the
deployment of more BESS capacity. Today's most cost effective BESSs are
based on lithium-ion battery chemistries with inherent fire safety
concerns. Many of the best BESSs use cases are situated in dense urban
environments like NYC, where power delivery is constrained. Although
there are existing guidelines on BESSs there is a need to make sure that
there is compliance and routine inspections conducted on these systems
for overall public safety. There is also a need for accountability with
residents and community boards by way of public outreach, addressing
complaints and concerns. The Department of Information Technology and
Telecommunications will be required to maintain a website that provides
adequate public notice of upcoming meetings, past meeting notes and
accessible contact information, based on the placement of BESSs, general
maintenance and construction of BESSs.
Annual safety inspections of any battery energy storage system and
related facilities, systems, infrastructure and substations of any scale
and possessing any storage capacity, including, but not limited to,
those deploying lithium-ion batteries located in the community districts
should be prioritized.
 
LEGISLATIVE HISTORY:
2024; Held in Cities 1 Senate Committee.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.