BILL NUMBER: S7710
SPONSOR: CHAN
 
TITLE OF BILL:
An act to amend the energy law, in relation to prohibiting the
construction and maintenance of certain energy storage systems within
five hundred feet of a school or dwelling in a city with a population of
one million or more
 
PURPOSE:
To protect public safety and health by prohibiting the installation and
maintenance of high-capacity battery energy storage systems near schools
and multiple dwellings in densely populated areas.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 8 of section 11-104 of the Energy Law by
adding a definition of "school property" to include any land, structure,
or facility related to daycare centers, elementary and secondary
schools, and colleges or universities.
Section 2 adds a new subdivision 10 to section 11-104, prohibiting the
construction or maintenance of any energy storage system capable of
storing more than 20 kilowatt-hours within 500 feet of a school or a
multiple dwelling in any city with a population exceeding one million.
Section 3 sets the effective date of the act as the one hundred eight-
ieth day after becoming law.
 
JUSTIFICATION:
Battery energy storage systems (BESS), particularly lithium-ion based
installations, are increasingly being deployed in urban environments to
support renewable energy initiatives and reduce strain on electrical
grids. However, they pose serious safety risks due to their potential
for thermal runaway, a chain reaction that can result in overheating,
fire, and even explosion.
This risk is heightened in densely populated cities like New York, where
a malfunction in even a single high-capacity unit can impact hundreds of
lives within a small radius. In recent incidents, thermal runaway in
energy storage facilities has led to large-scale evacuations, toxic
smoke plumes, and substantial property damage.
Key public safety concerns include:
- Fire and Explosion Risk: Once initiated, thermal runaway is self-sus-
taining and extremely difficult to suppress using conventional fire-
fighting techniques.
- Toxic Gas Emissions: Burning batteries release hazardous gases,
including hydrogen fluoride and carbon monoxide, endangering first
responders and nearby residents.
- Proximity to Vulnerable Populations: Schools and multi-unit housing
developments often house children, seniors, and individuals with disa-
bilities-populations that are most at risk during emergency events.
- Insufficient Safety Regulations and Emergency Protocols: While BESS
technologies are rapidly advancing, urban emergency infrastructure and
building codes have not kept pace with their unique hazards.
This legislation proactively safeguards New Yorkers by ensuring that
large-scale BESS units are sited with appropriate buffers from densely
inhabited and high-risk locations.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None to the state. The bill imposes siting restrictions but does not
require funding or administrative expansion
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after being signed into
law.

Statutes affected:
S7710: 11-104 energy law, 11-104(8) energy law