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 five 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.
STATE OF NEW YORK
________________________________________________________________________
6955--B
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 -- 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
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 five megawatts, including, but not limited to, model local
9 laws, regulations, or ordinances related to, setback requirements which
10 shall be at least seven hundred fifty feet from a dwelling, house, farm
11 building, or school building that is actually occupied or used and for a
12 city with a population of one million or more inhabitants such setback
13 requirement shall be at least three hundred feet from a dwelling,
14 house, farm building, or school building that is actually occupied or
15 used. Such setback requirements may vary based on the capacity of the
16 battery energy storage system and may set a further distance appropriate
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10952-04-6
A. 6955--B 2
1 to ensure the safety of any occupants against fire or other potential
2 reasonable dangers.
3 2. For purposes of this section, "battery energy storage system" shall
4 have the same meaning as "qualified energy storage system" as defined in
5 subdivision one of section seventy-four of this chapter, except that it
6 shall not include energy storage systems that use mechanical or thermal
7 processes.
8 § 2. Section 104.1.2 of the New York city fire code, as amended by
9 local law number 47 of the city of New York for the year 2022, is
10 amended to read as follows:
11 104.1.2 Review of design and installation. The commissioner may
12 authorize the Department of Buildings to review construction documents
13 filed with that agency for compliance with the design and installation
14 requirements of this code for stationary energy storage systems, fire
15 apparatus access roads, rooftop access and obstructions, and such other
16 design and installation requirements as the commissioner, in consulta-
17 tion with the Commissioner of Buildings, may determine facilitates the
18 design and construction process. The commissioner shall require the
19 establishment of minimum setback requirements for commercial energy
20 storage systems, with a capacity of five megawatts or greater, of no
21 less than three hundred feet from residential property. The manner and
22 scope of such review and the standards to be applied thereto shall be
23 established by the commissioner in consultation with the Commissioner of
24 Buildings, consistent with FC104.2.1.
25 § 3. Section 104.2 of the New York city fire code, as amended by local
26 law number 47 of the city of New York for the year 2022, is amended to
27 read as follows:
28 104.2 Applications and approvals. The department shall receive, review
29 and, if satisfactory, approve, applications for permits, certificates
30 and other approvals, and design and installation documents required to
31 be submitted to the department by this code or the construction codes,
32 issue permits, inspect buildings, structures, facilities, premises,
33 marine vessels, watercraft and motor vehicles for the purpose of enforc-
34 ing compliance with the requirements of this code, and otherwise admin-
35 ister, implement and enforce the provisions of this code. When review-
36 ing applications for commercial energy storage systems, with a capacity
37 of five megawatts or greater, the department shall ensure that prior to
38 the approval of any application for any applicable permit, request for
39 tax exemption, or commencement of any other regulatory approval process,
40 at least one public hearing has been held in the community district in
41 which such storage is proposed to be sited.
42 § 4. Section 263 of the town law, as amended by chapter 459 of the
43 laws of 2021, is amended to read as follows:
44 § 263. Purposes in view. 1. Such regulations shall be made in accord-
45 ance with a comprehensive plan and designed to lessen congestion in the
46 streets; to secure safety from fire, flood, panic and other dangers; to
47 promote health and general welfare; to provide adequate light and air;
48 to prevent the overcrowding of land; to avoid undue concentration of
49 population; to make provision for, so far as conditions may permit, the
50 accommodation of solar thermal, photovoltaics, wind, hydroelectric,
51 geothermal electric, geothermal ground source heat, tidal energy, wave
52 energy, ocean thermal, farm waste electric generating equipment as
53 defined in paragraph (e) of subdivision one of section sixty-six-j of
54 the public service law, [and] fuel cells, and battery energy storage
55 systems as defined in section seventy-four-c of the public service law;
56 to facilitate the practice of forestry; to facilitate the adequate
A. 6955--B 3
1 provision of transportation, water, sewerage, schools, parks and other
2 public requirements. Such regulations shall be made with reasonable
3 consideration, among other things, as to the character of the district
4 and its peculiar suitability for particular uses, and with a view to
5 conserving the value of buildings and encouraging the most appropriate
6 use of land throughout such municipality.
7 2. Regulations related to battery energy storage systems as defined in
8 section seventy-four-c of the public service law may include, but shall
9 not be limited to, minimum setback requirements from residential proper-
10 ty pursuant to section seventy-four-c of the public service law.
11 § 5. Section 7-704 of the village law, as amended by chapter 459 of
12 the laws of 2021, is amended to read as follows:
13 § 7-704 Purposes in view. 1. Such regulations shall be made in accord-
14 ance with a comprehensive plan and designed to lessen congestion in the
15 streets; to secure safety from fire, panic, floods and other dangers; to
16 promote health and the general welfare; to provide adequate light and
17 air; to prevent the overcrowding of land; to avoid undue concentration
18 of population; to make provision for, so far as conditions may permit,
19 the accommodation of solar thermal, photovoltaics, wind, hydroelectric,
20 geothermal electric, geothermal ground source heat, tidal energy, wave
21 energy, ocean thermal, farm waste electric generating equipment as
22 defined in paragraph (e) of subdivision one of section sixty-six-j of
23 the public service law [and], fuel cells, and battery energy storage
24 systems as defined in section seventy-four-c of the public service law;
25 to facilitate the adequate provision of transportation, water, sewerage,
26 schools, parks and other public requirements. Such regulations shall be
27 made with reasonable consideration, among other things, as to the char-
28 acter of the district and its peculiar suitability for particular uses,
29 and with a view to conserving the value of buildings and encouraging the
30 most appropriate use of land throughout such municipality.
31 2. Regulations related to battery energy storage systems as defined in
32 section seventy-four-c of the public service law may include, but not to
33 be limited to, minimum setback requirements from residential property
34 pursuant to section seventy-four-c of the public service law.
35 § 6. Notwithstanding the amendments to section 263 of the town law
36 made by section four of this act and the amendments to section 7-704 of
37 the village law made by section five of this act, nothing in this act
38 shall be construed to require any town or village to amend applicable
39 local building code or zoning regulations.
40 § 7. This act shall take effect on the one hundred eightieth day after
41 it shall have become a law and shall only apply to comprehensive plans
42 established or amended on or after such effective date.
