BILL NUMBER: S5506
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the public service law and the labor law, in relation to
qualified energy storage systems
 
PURPOSE OR GENERAL IDEA OF BILL: Expand the tools available to the
Office of Renewable Energy Siting (ORES) to include applications for the
siting of Qualified Energy Storage facilities across New York State to
reduce emissions from older, highly polluting plants and ensure the
State meets its 100 percent renewable energy goals.
 
SUMMARY OF PROVISIONS:
Section one amends subdivision 1-a of section 66-r of article four of
the public service law to add a definition for qualified energy storage
systems.
Section two amends subdivision four of section one hundred thirty-seven
of article eight of the public service law to add a definition for qual-
ified energy storage systems.
Section three amends subdivision five of section 140 of article eight of
the public service law to add subsection c on energy storage systems
constructed in a city with a population of one million or more. It also
adds subdivision 6, which excludes any person intending to construct a
major renewable energy facility and elect to file an application for a
major renewable energy facility siting permit pursuant to the regu-
lations of ORES.
Section four amends paragraph (a) of subdivision one of section 145 of
article eight of the public service law to add a minimum fee of twenty-
five thousand dollars and a maximum fee of one hundred thousand dollars
for any proposed energy storage facility's siting permit application.
Section five amends subdivision one of section 224-d of article eight of
the labor law to add a definition for qualified energy storage systems.
Section six provides the effective date.
 
JUSTIFICATION:
New York State set highly ambitious climate and renewable energy goals
through the 2019 Climate Leadership and Community Protection Act and
Roadmap for Energy Storage. This bill would allow the State to move
towards its stated goal of 6GW energy storage by 2030 by allowing the
Office of Renewable Energy Siting (ORES) to streamline the environmental
review and permitting of major energy storage projects. Energy storage
systems can integrate large quantities of renewable energy and store
renewables for when they are needed most, allowing our power grid to
operate more efficiently.
Currently, the process for energy storage permitting varies across local
jurisdictions. This inconsistency discourages storage deployment, ulti-
mately slowing our State's clean energy progress. NYSERDA published a
"Battery Energy Storage System Model Permit" to help local governments
establish standard permitting requirements, but this is not being
enforced consistently. ORES already allows for a coordinated review of
siting permit applications for renewable energy generators. By allowing
the same process for energy storage facilities, we can reduce investment
and development risk for these sites.
Many local jurisdictions also lack the personnel, funding, and/or exper-
tise to appropriately handle energy storage permitting applications and
safety reviews. Therefore, over 100 areas imposed local moratoria on
energy storage, but continued extensions have impacted at least 1,067 MW
of energy storage projects. Under ORES' purview, energy storage plans
can be evaluated at the highest safety levels throughout their design,
installation, and operation and in conjunction with the New York State
Uniform Fire Prevention and Building Code.
 
PRIOR LEGISLATIVE HISTORY:
None
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that the amendments to sections 137,
140, and 145 of the public service law made by sections two, three, and
four of this act shall not affect the repeal of such sections and shall
be deemed to be repealed therewith. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.

Statutes affected:
S5506: 66-r public service law, 66-r(1-a) public service law, 137 public service law, 137(4) public service law, 140 public service law, 140(5) public service law, 145 public service law, 145(1) public service law, 224-d labor law, 224-d(1) labor law