BILL NUMBER: S8645
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the public service law, in relation to authorizing ORES
to issue siting permits for battery energy storage systems for use by
data centers, and requiring data centers to submit carbon reduction
plans
 
PURPOSE:
The purpose of this bill is to reduce data centers' energy load demand
on the state's electric grid by enabling their use of battery storage
systems when co-located with renewable or zero emission energy systems,
as detailed in a required carbon reduction plan.
 
SUMMARY OF PROVISIONS:
Section 137 of the public service law is amended by adding new subdivi-
sions 14,15, and 16 to define data center, information technology load,
and battery energy storage system.
The bill requires all data centers to develop carbon reduction plans
(CRPs) consistent with the CLCPA clean energy targets and provides that
such plans may include the use of renewable or zero emission energy
systems, as approved by the commission. The commission would provide
guidance for data centers on the development and submission of the CRP.
Those data centers in existence upon the effective date of this act
would have one year to submit their CRP.
A new section 149 is added to the public service law to grant the Office
of Renewable Energy Siting (ORES) authority to issue permits for siting
of battery energy storage systems for use by data centers in the same
manner as provided for issuance of major renewable energy facility
siting permits under this article; however, such battery storage system
permits would only be approved for data centers whose CRP includes the
use of renewable or zero emission energy sources approved by the commis-
sion.
 
JUSTIFICATION:
Data centers are proliferating across the state and demand increasing
amounts of electricity from the grid. New York State can safeguard its
electricity supply by incentivizing data centers' use of renewable and
zero emission energy systems, along with battery storage. Requiring data
centers to develop carbon reduction plans with the state's climate law
goals in mind will further the centers' usage of renewable energy and
act as an incentivizing condition for the battery.
storage siting permit by ORES. This bill helps New York establish its
own version of the "Bring Your Own Generation" model to the future
development of data centers in the state and will serve as a useful
mechanism for energy deployment across this and other energy intensive
industries.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
None to the state
 
EFFECTIVE DATE:
Immediately, provided that amendments to article 8 of the public service
law made by sections one and two of this act shall not affect the repeal
of such article.

Statutes affected:
S8645: 137 public service law