BILL NUMBER: S8923
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the energy law, in relation to prohibiting certain
battery energy storage systems within one thousand feet of a populated
area, in a city with a population of one million or more
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill seeks to protect public health and safety by prohibiting the
construction or operation of certain large-scale battery energy storage
systems within one thousand feet of populated areas in cities with a
population of one million or more. As battery energy storage infrastruc-
ture expands across the state, this legislation establishes a clear
citing limitation for higher-capacity systems in densely populated urban
environments.
 
SUMMARY OF PROVISIONS:
The bill amends the energy law by adding a new article governing battery
energy storage systems. It defines a battery energy storage system and
establishes classifications for tier one and tier two systems based on
aggregate energy capacity and system configuration. The bill defines a
populated area as any residential area, school, or hospital. It prohib-
its the construction or operation of two energy battery storage systems
within one thousand feet of a populated area in cities with a population
of one million or more. The bill provides that the act shall take effect
immediately.
 
JUSTIFICATION:
Large-scale energy storage systems, particularly tier two systems with
greater energy capacity, pose unique safety concerns, including risks of
fire, thermal runaway, and challenges for emergency response. These
risks are magnified in densely populated urban areas where residential
neighborhoods, schools, and hospitals are near potential development
sites.
Cities with populations exceeding one million residents face distinct
public safety considerations due to population density and limited
available space for industrial infrastructure. Establishing a setback
requirement for tier two battery energy storage systems in these areas
helps ensure that communities are not exposed to unnecessary risk while
still allowing for the responsible development of energy storage infras-
tructure elsewhere. This bill strikes an appropriate balance between
advancing clean energy initiatives and safeguarding the health and safe-
ty of New Yorkers living in highly populated areas.
 
PRIOR LEGISLATIVE HISTORY:
None.
 
FISCAL IMPLICATIONS:
None anticipated.
 
EFFECTIVE DATE:
This act shall take effect immediately.