Add §74-c, Pub Serv L; amd §§104.1.2 & 104.2, NYC Ad Cd; amd §263, Town L; amd §7-704, Vil L
Directs the department of public service to promulgate rules, regulations and model policies regarding setback requirements for the siting of battery energy storage systems; requires minimum setback requirements for commercial energy storage systems, with a capacity of three megawatts or greater, of no less than seven hundred fifty feet from residential property and no less than three hundred feet from residential property located in a city with a population of one million or more inhabitants; requires public hearings prior to the approval of an application for a permit for such systems.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6955C
SPONSOR: Williams PURPOSE OR GENERAL IDEA OF BILL:
This legislation aims to ensure that battery energy storage systems are
sited with appropriate distance from neighboring properties and are
developed with meaningful community input to protect public safety and
local interests.
SUMMARY OF PROVISIONS:
Section 1: Amends the Public Service Law by adding a new section 74-c to
require the Department of Public Service, in coordination with other
state agencies, to provide municipalities with model laws and guidance
for battery storage siting, including minimum setbacks.
Sections 2 & 3: Amends the New York City Fire Code to require a minimum
300-foot setback from a dwelling, house, farm building, or school build-
ing that is actually occupied or used for cities with a population of
greater than 1 million and 750-feet for those with populations under 1
million for commercial battery storage systems of 5 MW or greater, and
mandates a community hearing before approval of such projects.
Sections 4 & 5: Amends the Town Law and Village Law to allow munici-
palities to establish regulations for battery storage systems, including
setback provisions.
Section 6: Clarifies that nothing in this act requires towns or villages
to amend local codes unless they choose to.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Amended version sets MW capacity at 3 MW
JUSTIFICATION:
Battery energy storage systems are a growing component of New York's
clean energy infrastructure. However, without clear siting and safety
standards for these facilities, they may pose risks to neighboring prop-
erties and communities. This bill ensures a minimum distance of 300 feet
from homes, farms, and schools to reduce the danger of fire or other
hazards in large cities and 750 feet in smaller jurisdictions. Addi-
tionally, impacted communities need to have an opportunity to provide
input before a project is approved, ensuring transparency and local
involvement. These measures help to balance New York's clean energy
goals with public safety and community trust.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law and apply to comprehensive plans established or
amended on or after such effective date.
STATE OF NEW YORK
________________________________________________________________________
6955--C
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. WILLIAMS, FALL, BUTTENSCHON, COLTON, YEGER,
PIROZZOLO, BEEPHAN, NOVAKHOV, FRIEND, McDONOUGH, GRAY, E. BROWN,
TANNOUSIS, BROOK-KRASNY, RAGA, KASSAY, HUNTER, GRIFFIN, SIMPSON,
GALLAHAN, BLUMENCRANZ, NORBER, MILLER, SEMPOLINSKI, RA, DeSTEFANO,
CHANG, SMITH, SLATER, WEPRIN, BRAUNSTEIN, ROZIC, COOK, SAYEGH, TAYLOR,
BRABENEC, CHLUDZINSKI, BAILEY, MANKTELOW, HAWLEY -- read once and
referred to the Committee on Energy -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Energy in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public service law, the New York city fire code, the
town law and the village law, in relation to setback requirements
relating to the siting of battery energy storage systems
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public service law is amended by adding a new section
2 74-c to read as follows:
3 § 74-c. Municipal assistance. 1. The department, in coordination with
4 the office of renewable energy siting and electric transmission, the New
5 York state energy research and development authority, and the department
6 of state, shall prepare and make available to municipalities, informa-
7 tion relating to the siting of battery energy storage systems with a
8 capacity over three megawatts, including, but not limited to, model
9 local laws, regulations, or ordinances related to, setback requirements
10 which shall be at least seven hundred fifty feet from a dwelling, house,
11 farm building, or school building that is actually occupied or used and
12 for a city with a population of one million or more inhabitants such
13 setback requirement shall be at least three hundred feet from a dwell-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10952-06-6
A. 6955--C 2
1 ing, house, farm building, or school building that is actually occupied
2 or used. Such setback requirements may vary based on the capacity of the
3 battery energy storage system and may set a further distance appropriate
4 to ensure the safety of any occupants against fire or other potential
5 reasonable dangers.
6 2. For purposes of this section, "battery energy storage system" shall
7 have the same meaning as "qualified energy storage system" as defined in
8 subdivision one of section seventy-four of this article, except that it
9 shall not include energy storage systems that use mechanical or thermal
10 processes.
11 § 2. Section 104.1.2 of the New York city fire code, as amended by
12 local law number 47 of the city of New York for the year 2022, is
13 amended to read as follows:
14 104.1.2 Review of design and installation. The commissioner may
15 authorize the Department of Buildings to review construction documents
16 filed with that agency for compliance with the design and installation
17 requirements of this code for stationary energy storage systems, fire
18 apparatus access roads, rooftop access and obstructions, and such other
19 design and installation requirements as the commissioner, in consulta-
20 tion with the Commissioner of Buildings, may determine facilitates the
21 design and construction process. The commissioner shall require the
22 establishment of minimum setback requirements for commercial energy
23 storage systems, with a capacity of three megawatts or greater, of no
24 less than three hundred feet from residential property. The manner and
25 scope of such review and the standards to be applied thereto shall be
26 established by the commissioner in consultation with the Commissioner of
27 Buildings, consistent with FC104.2.1.
28 § 3. Section 104.2 of the New York city fire code, as amended by local
29 law number 47 of the city of New York for the year 2022, is amended to
30 read as follows:
31 104.2 Applications and approvals. The department shall receive, review
32 and, if satisfactory, approve, applications for permits, certificates
33 and other approvals, and design and installation documents required to
34 be submitted to the department by this code or the construction codes,
35 issue permits, inspect buildings, structures, facilities, premises,
36 marine vessels, watercraft and motor vehicles for the purpose of enforc-
37 ing compliance with the requirements of this code, and otherwise admin-
38 ister, implement and enforce the provisions of this code. When review-
39 ing applications for commercial energy storage systems, with a capacity
40 of three megawatts or greater, the department shall ensure that prior to
41 the approval of any application for any applicable permit, request for
42 tax exemption, or commencement of any other regulatory approval process,
43 at least one public hearing has been held in the community district in
44 which such storage is proposed to be sited.
45 § 4. Section 263 of the town law, as amended by chapter 459 of the
46 laws of 2021, is amended to read as follows:
47 § 263. Purposes in view. 1. Such regulations shall be made in accord-
48 ance with a comprehensive plan and designed to lessen congestion in the
49 streets; to secure safety from fire, flood, panic and other dangers; to
50 promote health and general welfare; to provide adequate light and air;
51 to prevent the overcrowding of land; to avoid undue concentration of
52 population; to make provision for, so far as conditions may permit, the
53 accommodation of solar thermal, photovoltaics, wind, hydroelectric,
54 geothermal electric, geothermal ground source heat, tidal energy, wave
55 energy, ocean thermal, farm waste electric generating equipment as
56 defined in paragraph (e) of subdivision one of section sixty-six-j of
A. 6955--C 3
1 the public service law, [and] fuel cells, and battery energy storage
2 systems as defined in section seventy-four-c of the public service law;
3 to facilitate the practice of forestry; to facilitate the adequate
4 provision of transportation, water, sewerage, schools, parks and other
5 public requirements. Such regulations shall be made with reasonable
6 consideration, among other things, as to the character of the district
7 and its peculiar suitability for particular uses, and with a view to
8 conserving the value of buildings and encouraging the most appropriate
9 use of land throughout such municipality.
10 2. Regulations related to battery energy storage systems as defined in
11 section seventy-four-c of the public service law may include, but shall
12 not be limited to, minimum setback requirements from residential proper-
13 ty pursuant to section seventy-four-c of the public service law.
14 § 5. Section 7-704 of the village law, as amended by chapter 459 of
15 the laws of 2021, is amended to read as follows:
16 § 7-704 Purposes in view. 1. Such regulations shall be made in accord-
17 ance with a comprehensive plan and designed to lessen congestion in the
18 streets; to secure safety from fire, panic, floods and other dangers; to
19 promote health and the general welfare; to provide adequate light and
20 air; to prevent the overcrowding of land; to avoid undue concentration
21 of population; to make provision for, so far as conditions may permit,
22 the accommodation of solar thermal, photovoltaics, wind, hydroelectric,
23 geothermal electric, geothermal ground source heat, tidal energy, wave
24 energy, ocean thermal, farm waste electric generating equipment as
25 defined in paragraph (e) of subdivision one of section sixty-six-j of
26 the public service law [and], fuel cells, and battery energy storage
27 systems as defined in section seventy-four-c of the public service law;
28 to facilitate the adequate provision of transportation, water, sewerage,
29 schools, parks and other public requirements. Such regulations shall be
30 made with reasonable consideration, among other things, as to the char-
31 acter of the district and its peculiar suitability for particular uses,
32 and with a view to conserving the value of buildings and encouraging the
33 most appropriate use of land throughout such municipality.
34 2. Regulations related to battery energy storage systems as defined in
35 section seventy-four-c of the public service law may include, but not to
36 be limited to, minimum setback requirements from residential property
37 pursuant to section seventy-four-c of the public service law.
38 § 6. Notwithstanding the amendments to section 263 of the town law
39 made by section four of this act and the amendments to section 7-704 of
40 the village law made by section five of this act, nothing in this act
41 shall be construed to require any town or village to amend applicable
42 local building code or zoning regulations.
43 § 7. This act shall take effect on the one hundred eightieth day after
44 it shall have become a law and shall only apply to comprehensive plans
45 established or amended on or after such effective date.
