Requires Richmond County to establish a hazards annex to the Richmond county emergency management plan for certain fixed energy storage facilities to ensures 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.
STATE OF NEW YORK
________________________________________________________________________
7727
2023-2024 Regular Sessions
IN ASSEMBLY
June 6, 2023
___________
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
22 patterns that could affect the spread of the fumes, due to fires at the
23 proposed energy facility with respect to:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11672-01-3
A. 7727 2
1 a. Potential bystanders;
2 b. Buildings and equipment not related to the energy storage facility;
3 c. Schools and nursing homes;
4 d. Shopping centers;
5 e. Sports, athletic and other recreational facilities;
6 f. Disadvantaged communities, especially the rural poor, and any
7 potential displacement that could occur;
8 g. Farmland;
9 h. State parks;
10 i. Wildlife; and
11 j. Water tables, Watersheds, and Viewsheds.
12 Considerations for safety setbacks shall also include ensuring compli-
13 ance with New York City Fire Department Rule 3 RCNY 608-01, as well as
14 compliance with applicable Federal Occupational Safety and Health Admin-
15 istration standards, including but not limited to Hazardous Materials
16 Standard 1910.119 and Toxic and Hazardous Substances Standard 1910.1200.
17 § 4. This act shall take effect immediately and shall expire and be
18 deemed repealed December 31, 2032; provided, however, that section three
19 of this act shall take effect upon completion of the hazards annex
20 required pursuant to section one of this act; provided further, however,
21 that the county executive of Richmond county shall notify the legisla-
22 tive bill drafting commission upon the completion of the hazards annex
23 required pursuant to section one of this act in order that the commis-
24 sion may maintain an accurate and timely effective data base of the
25 official text of the laws of the state of New York in furtherance of
26 effectuating the provisions of section 44 of the legislative law and
27 section 70-b of the public officers law.
