Requires Richmond County to establish a hazards annex to the Richmond county emergency management plan for certain fixed energy storage facilities to ensure that Richmond County is prepared to deal with the potential dangers, such as high-temperature chemical fires, associated with large scale energy storage facilities, including those placed or planned to be placed in assembly district 63.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A277
SPONSOR: Pirozzolo TITLE OF BILL:
An act in relation to requiring Richmond county to establish a hazards
annex to the Richmond county emergency management plan for certain fixed
energy storage facilities; and providing for the repeal of such
provisions upon expiration thereof
PURPOSE:
To require thorough safety inspections of sites that house lithium-ion
battery energy storage facilities located in Richmond county within
assembly district 63. This bill also requires Richmond county to estab-
lish a hazards annex to the Richmond County Emergency Plan to prepare
for potential lithium-ion battery energy storage facility emergencies
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill sets forth the legislative intent behind the bill
Section 2 of the bill directs Richmond County to update emergency
management plans in coordination with the Division of Homeland
Securities' Disaster Preparedness Commission regarding fixed energy
storage facilities that house lithium-ion batteries, including those
placed or planned to be placed in assembly district 63.
Section 3 of the bill directs the New York State Office of Fire
Prevention and Control, the New York State Energy Research and Develop-
ment Authority and the Department of Environmental Conservation to
jointly inspect presently placed or planned lithium-ion battery storage
facilities and approve its location to ensure safety protocols are being
adhered to. This section also sets forth definitions.
Section 4 of the bill sets forth the effective date.
JUSTIFICATION:
Battery energy storage systems (BESSs) are emerging as new technology to
help use energy from existing sources when it is both inexpensive and
readily available and redistribute it to distribution grids during times
of peak demand when existing power grids are under the greatest load
demand and therefore supply is low and pricing is high.
Notwithstanding those benefits, blindly siting BESSs in such proximity
to homes, schools, churches, playgrounds, and small businesses can be
antithetical to the goals of advancing energy-saving battery technology
and, above all, human health.
In fact, utility-scale BESSs could jeopardize human lives if they are
not handled with care.
One must acknowledge the now-added pressure on firefighters, EMS, and
other emergency personnel who now have to put out fires sparked by elec-
tric cars, school buses, scooters, and other modal- ities, and that is
without even introducing a BESS into the public square.
BESSs are, above all, susceptible to risk of explosion and fires. To
boot, they can emit smoke and toxic fumes in the form of gas containing
fluorine compounds. This gas is susceptible to ignition, but even when
it does not ignite, this gas still lingers in the air and can cause
permanent eye and lung damage.
Ironically enough, such compounds are found in the class of "fluorinated
gases" (F-gases), which are man-made, and used in industrial applica-
tions, two of which are hydrogen fluoride (HF) and phosphoryl fluoride
(POF3) They're greenhouse gases with an even higher warming potential
than that possessed by carbon dioxide. According to the federal Envi-
ronmental Protection Agency, F-gases include the "most potent and long-
est-lasting greenhouse gases emitted by human activities." Hence, it is
imprudent to blindly proliferate BESS after BESS without conducting
further research.
This legislation will ensure that all new and present sites.for BESS
facilities within assembly district 63 in Richmond county are thoroughly
inspected for safety compliance and ensure Richmond county is prepared
to respond to disasters resulting from BESS malfunctions.
LEGISLATIVE HISTORY:
06/06/2023 referred to cities
01/03/2024 referred to cities
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
277
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. PIROZZOLO -- read once and referred to the
Committee on Cities
AN ACT in relation to requiring Richmond county to establish a hazards
annex to the Richmond county emergency management plan for certain
fixed energy storage facilities; and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Richmond county is hereby directed to establish a hazards
2 annex to the Richmond County Emergency Management Plan for fixed energy
3 storage facilities housing lithium-ion batteries within 2 years of the
4 effective date of this section. The hazards annex shall be applicable to
5 energy storage facilities placed or planned to be placed in assembly
6 district 63.
7 § 2. Richmond county shall update emergency management plans concur-
8 rently and in coordination with the Division of Homeland Securities'
9 Disaster Preparedness Commission as it updates guidance on fixed energy
10 storage facilities housing lithium-ion batteries, including those placed
11 or planned to be placed in assembly district 63.
12 § 3. Prior to the approval and issuance of any federal, state, and/or
13 local government permits for any proposed energy storage facility hous-
14 ing lithium-ion batteries in Richmond county, including those placed or
15 planned to be placed in assembly district 63, the New York State Office
16 of Fire Prevention and Control, the New York State Energy Research and
17 Development Authority, and the Department of Environmental Conservation
18 shall jointly inspect the site and shall approve its location to ensure
19 that appropriate safety setbacks are being adhered to. Considerations
20 for safety setbacks shall include, but not be limited to, major fire
21 risks and release of hazardous fumes, as well as prevailing wind
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00913-01-5
A. 277 2
1 patterns that could affect the spread of the fumes, due to fires at the
2 proposed energy facility with respect to:
3 a. Potential bystanders;
4 b. Buildings and equipment not related to the energy storage facility;
5 c. Schools and nursing homes;
6 d. Shopping centers;
7 e. Sports, athletic and other recreational facilities;
8 f. Disadvantaged communities, especially the rural poor, and any
9 potential displacement that could occur;
10 g. Farmland;
11 h. State parks;
12 i. Wildlife; and
13 j. Water tables, Watersheds, and Viewsheds.
14 Considerations for safety setbacks shall also include ensuring compli-
15 ance with New York City Fire Department Rule 3 RCNY 608-01, as well as
16 compliance with applicable Federal Occupational Safety and Health Admin-
17 istration standards, including but not limited to Hazardous Materials
18 Standard 1910.119 and Toxic and Hazardous Substances Standard 1910.1200.
19 § 4. This act shall take effect immediately and shall expire and be
20 deemed repealed December 31, 2034; provided, however, that section three
21 of this act shall take effect upon completion of the hazards annex
22 required pursuant to section one of this act; provided further, however,
23 that the county executive of Richmond county shall notify the legisla-
24 tive bill drafting commission upon the completion of the hazards annex
25 required pursuant to section one of this act in order that the commis-
26 sion may maintain an accurate and timely effective data base of the
27 official text of the laws of the state of New York in furtherance of
28 effectuating the provisions of section 44 of the legislative law and
29 section 70-b of the public officers law.
