STATE OF NEW YORK
________________________________________________________________________
7128
2023-2024 Regular Sessions
IN ASSEMBLY
May 11, 2023
___________
Introduced by M. of A. TANNOUSIS -- read once and referred to the
Committee on Local Governments
AN ACT to amend to the general municipal law, in relation to prohibiting
the siting of battery energy storage system sites in assembly district
64 as established by chapter 127 of the laws of 2023
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. It is the intent of this legislature to
2 protect New York state from the adverse effects of the siting of battery
3 energy storage systems and related facilities and infrastructure in most
4 instances, including but not limited to air pollution and the risk of
5 explosions. The cumulative impact of spewing toxic fumes into the air
6 and the potential for explosions in such close proximity to homes,
7 schools, churches, playgrounds, and small businesses would prompt
8 extremely negative effects on the public health and safety of the local
9 community.
10 The legislature hereby determines that the public interest requires a
11 prohibition on the siting of battery energy storage systems and related
12 facilities and infrastructure in assembly district 64, in most
13 instances.
14 § 2. The general municipal law is amended by adding a new section 137
15 to read as follows:
16 § 137. Battery energy storage systems; prohibition in assembly
17 district sixty-four. 1. Definition. For the purposes of this section,
18 "battery energy storage system" shall mean one or more devices, assem-
19 bled together, capable of storing energy in order to supply electrical
20 energy at a future time, not to include a stand-alone twelve-volt car
21 battery or an electric motor vehicle. A battery energy storage system
22 shall be classified as a tier one or tier two battery energy storage
23 system as follows: (a) tier one battery energy storage systems shall
24 possess an aggregate energy capacity less than or equal to six hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11256-01-3
A. 7128 2
1 kilowatt hours and, if in a room or enclosed area, consist of only a
2 single energy storage system technology; (b) tier two battery energy
3 storage systems shall possess an aggregate energy capacity greater than
4 six hundred kilowatt hours or are comprised of more than one storage
5 battery technology in a room or enclosed area.
6 2. Notwithstanding any other law, rule, or regulation to the contrary,
7 the future siting and construction of battery energy storage systems and
8 related facilities, systems, infrastructure, and substations of any
9 scale and possessing any storage capacity and including, but not limited
10 to, those deploying lithium-ion batteries, is hereby prohibited in
11 assembly district sixty-four. No permit shall be issued for the approval
12 or construction thereof, including those reserved for utility or commer-
13 cial use, with the exception of those sited for use in industrial zones,
14 along with those reserved for small-scale residential applications.
15 § 3. This act shall take effect immediately and shall apply to siting
16 permit applications pending as of such effective date.
