Prohibits the siting and construction of battery energy storage systems and related facilities, systems, infrastructure, and substations of any scale and possessing any storage capacity on Staten Island.
STATE OF NEW YORK
________________________________________________________________________
4390
2023-2024 Regular Sessions
IN SENATE
February 8, 2023
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities 1
AN ACT to amend to the general municipal law, in relation to prohibiting
the siting of battery energy storage system sites on Staten Island
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 on Staten Island, in most instances.
13 § 2. The general municipal law is amended by adding a new section 137
14 to read as follows:
15 § 137. Battery energy storage systems; prohibition on Staten Island.
16 1. Definition. For the purposes of this section, "battery energy storage
17 system" shall mean one or more devices, assembled together, capable of
18 storing energy in order to supply electrical energy at a future time,
19 not to include a stand-alone twelve-volt car battery or an electric
20 motor vehicle. A battery energy storage system shall be classified as a
21 tier one or tier two battery energy storage system as follows: (a) tier
22 one battery energy storage systems shall possess an aggregate energy
23 capacity less than or equal to six hundred kilowatt hours and, if in a
24 room or enclosed area, consist of only a single energy storage system
25 technology; (b) tier two battery energy storage systems shall possess an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07276-01-3
S. 4390 2
1 aggregate energy capacity greater than six hundred kilowatt hours or are
2 comprised of more than one storage battery technology in a room or
3 enclosed area.
4 2. Notwithstanding any other law, rule, or regulation to the contrary,
5 the future siting and construction of battery energy storage systems and
6 related facilities, systems, infrastructure, and substations of any
7 scale and possessing any storage capacity and including, but not limited
8 to, those deploying lithium-ion batteries, is hereby prohibited on
9 Staten Island. No permit shall be issued for the approval or
10 construction thereof, including those reserved for utility or commercial
11 use, with the exception of those sited for use in industrial zones,
12 along with those reserved for small-scale residential applications.
13 § 3. This act shall take effect immediately and shall apply to siting
14 permit applications pending as of such effective date.
