S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6955--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by  M.  of  A. WILLIAMS, FALL, BUTTENSCHON, COLTON, YEGER --
   read once and  referred  to  the  Committee  on  Energy  --  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 and financial
   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:
 
   Section  1.  The public service law is amended by adding a new section
 74-c to read as follows:
   § 74-C. MUNICIPAL ASSISTANCE.  1. THE DEPARTMENT, IN COORDINATION WITH
 THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION, THE NEW
 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AND THE DEPARTMENT
 OF STATE, SHALL PREPARE AND MAKE AVAILABLE TO  MUNICIPALITIES,  INFORMA-
 TION  RELATING  TO  THE  SITING OF BATTERY ENERGY STORAGE SYSTEMS WITH A
 CAPACITY OVER FIVE MEGAWATTS, INCLUDING, BUT NOT LIMITED TO, MODEL LOCAL
 LAWS, REGULATIONS, OR ORDINANCES RELATED TO:
   (A) SETBACK REQUIREMENTS, WHICH SHALL BE AT LEAST  ONE  THOUSAND  FEET
 FROM  A DWELLING, HOUSE, FARM BUILDING, OR SCHOOL BUILDING THAT IS ACTU-
 ALLY OCCUPIED OR USED. SUCH SETBACK REQUIREMENTS MAY VARY BASED  ON  THE
 CAPACITY  OF  THE  BATTERY  ENERGY  STORAGE SYSTEM AND MAY SET A FURTHER
 DISTANCE APPROPRIATE TO ENSURE THE SAFETY OF ANY OCCUPANTS AGAINST  FIRE
 OR OTHER POTENTIAL REASONABLE DANGERS.
   (B)  FINANCIAL  SURETY REQUIREMENTS THAT MAY CONSIDER: ANY COMBINATION
 OF INSURANCE, GUARANTEE, SURETY BOND, LETTER OF  CREDIT,  OR  QUALIFICA-
 TIONS AS A SELF INSURER; THE APPROPRIATE AMOUNT OF FINANCIAL SURETY; AND
 THE  INCLUSION  OF  PROVISIONS  THAT SPECIFY POLICY OR OTHER CONTRACTUAL
 TERMS, CONDITIONS, OR DEFENSES NECESSARY OR UNACCEPTABLE IN ESTABLISHING
 EVIDENCE OF FINANCIAL SURETY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10952-03-5
 A. 6955--A                          2
              

 
   (C) ZONING REQUIREMENTS WHICH SHALL ONLY BE  PERMITTED  ON  PROPERTIES
 DESIGNATED  FOR  INDUSTRIAL  USE, IN ACCORDANCE WITH APPLICABLE LOCAL OR
 MUNICIPAL ZONING AND LAND USE REGULATIONS.
   2. FOR PURPOSES OF THIS SECTION, "BATTERY ENERGY STORAGE SYSTEM" SHALL
 HAVE THE SAME MEANING AS "QUALIFIED ENERGY STORAGE SYSTEM" AS DEFINED IN
 SUBDIVISION  ONE OF SECTION SEVENTY-FOUR OF THIS CHAPTER, EXCEPT THAT IT
 SHALL NOT INCLUDE ENERGY STORAGE SYSTEMS THAT USE MECHANICAL OR  THERMAL
 PROCESSES.
   §  2.  Section  104.1.2  of the New York city fire code, as amended by
 local law number 47 of the city of  New  York  for  the  year  2022,  is
 amended to read as follows:
   104.1.2  Review  of  design  and  installation.  The  commissioner may
 authorize the Department of Buildings to review  construction  documents
 filed  with  that agency for compliance with the design and installation
 requirements of this code for stationary energy  storage  systems,  fire
 apparatus  access roads, rooftop access and obstructions, and such other
 design and installation requirements as the commissioner,  in  consulta-
 tion  with  the Commissioner of Buildings, may determine facilitates the
 design and construction process.  THE  COMMISSIONER  SHALL  REQUIRE  THE
 ESTABLISHMENT  OF  MINIMUM  SETBACK  REQUIREMENTS  FOR COMMERCIAL ENERGY
 STORAGE SYSTEMS, WITH A CAPACITY OF FIVE MEGAWATTS  OR  GREATER,  OF  NO
 LESS  THAN  ONE  THOUSAND FEET FROM RESIDENTIAL PROPERTY. The manner and
 scope of such review and the standards to be applied  thereto  shall  be
 established by the commissioner in consultation with the Commissioner of
 Buildings, consistent with FC104.2.1.
   § 3. Section 104.2 of the New York city fire code, as amended by local
 law  number  47 of the city of New York for the year 2022, is amended to
 read as follows:
   104.2 Applications and approvals. The department shall receive, review
 and, if satisfactory, approve, applications  for  permits,  certificates
 and  other  approvals, and design and installation documents required to
 be submitted to the department by this code or the  construction  codes,
 issue  permits,  inspect  buildings,  structures,  facilities, premises,
 marine vessels, watercraft and motor vehicles for the purpose of enforc-
 ing compliance with the requirements of this code, and otherwise  admin-
 ister,  implement and enforce the provisions of this code.  WHEN REVIEW-
 ING APPLICATIONS FOR COMMERCIAL ENERGY STORAGE SYSTEMS, WITH A  CAPACITY
 OF  FIVE MEGAWATTS OR GREATER, THE DEPARTMENT SHALL ENSURE THAT PRIOR TO
 THE APPROVAL OF ANY APPLICATION FOR ANY APPLICABLE PERMIT,  REQUEST  FOR
 TAX EXEMPTION, OR COMMENCEMENT OF ANY OTHER REGULATORY APPROVAL PROCESS,
 AT  LEAST  ONE PUBLIC HEARING HAS BEEN HELD IN THE COMMUNITY DISTRICT IN
 WHICH SUCH STORAGE IS PROPOSED TO BE SITED. THE  DEPARTMENT  SHALL  ALSO
 DEVELOP  REQUIREMENTS  FOR  APPLICANTS  TO PROVIDE EVIDENCE OF FINANCIAL
 SURETY.
   § 4. Section 263 of the town law, as amended by  chapter  459  of  the
 laws of 2021, is amended to read as follows:
   §  263. Purposes in view. 1. Such regulations shall be made in accord-
 ance with a comprehensive plan and designed to lessen congestion in  the
 streets;  to secure safety from fire, flood, panic and other dangers; to
 promote health and general welfare; to provide adequate light  and  air;
 to  prevent  the  overcrowding  of land; to avoid undue concentration of
 population; to make provision for, so far as conditions may permit,  the
 accommodation  of  solar  thermal,  photovoltaics,  wind, hydroelectric,
 geothermal electric, geothermal ground source heat, tidal  energy,  wave
 energy,  ocean  thermal,  farm  waste  electric  generating equipment as
 defined in paragraph (e) of subdivision one of  section  sixty-six-j  of
 A. 6955--A                          3
 
 the  public  service  law,  [and] fuel cells, AND BATTERY ENERGY STORAGE
 SYSTEMS AS DEFINED IN SECTION SEVENTY-FOUR-C OF THE PUBLIC SERVICE  LAW;
 to  facilitate  the  practice  of  forestry;  to facilitate the adequate
 provision  of  transportation, water, sewerage, schools, parks and other
 public requirements. Such regulations  shall  be  made  with  reasonable
 consideration,  among  other things, as to the character of the district
 and its peculiar suitability for particular uses, and  with  a  view  to
 conserving  the  value of buildings and encouraging the most appropriate
 use of land throughout such municipality.
   2. REGULATIONS RELATED TO BATTERY ENERGY STORAGE SYSTEMS AS DEFINED IN
 SECTION SEVENTY-FOUR-C OF THE PUBLIC SERVICE LAW MAY INCLUDE, BUT  SHALL
 NOT BE LIMITED TO, MINIMUM SETBACK REQUIREMENTS FROM RESIDENTIAL PROPER-
 TY  AND  FINANCIAL  SECURITY  PURSUANT  TO SECTION SEVENTY-FOUR-C OF THE
 PUBLIC SERVICE LAW.
   § 5. Section 7-704 of the village law, as amended by  chapter  459  of
 the laws of 2021, is amended to read as follows:
   § 7-704 Purposes in view. 1. Such regulations shall be made in accord-
 ance  with a comprehensive plan and designed to lessen congestion in the
 streets; to secure safety from fire, panic, floods and other dangers; to
 promote health and the general welfare; to provide  adequate  light  and
 air;  to  prevent the overcrowding of land; to avoid undue concentration
 of population; to make provision for, so far as conditions  may  permit,
 the  accommodation of solar thermal, photovoltaics, wind, hydroelectric,
 geothermal electric, geothermal ground source heat, tidal  energy,  wave
 energy,  ocean  thermal,  farm  waste  electric  generating equipment as
 defined in paragraph (e) of subdivision one of  section  sixty-six-j  of
 the  public  service  law  [and], fuel cells, AND BATTERY ENERGY STORAGE
 SYSTEMS AS DEFINED IN SECTION SEVENTY-FOUR-C OF THE PUBLIC SERVICE  LAW;
 to facilitate the adequate provision of transportation, water, sewerage,
 schools,  parks and other public requirements. Such regulations shall be
 made with reasonable consideration, among other things, as to the  char-
 acter  of the district and its peculiar suitability for particular uses,
 and with a view to conserving the value of buildings and encouraging the
 most appropriate use of land throughout such municipality.
   2. REGULATIONS RELATED TO BATTERY ENERGY STORAGE SYSTEMS AS DEFINED IN
 SECTION SEVENTY-FOUR-C OF THE PUBLIC SERVICE LAW MAY INCLUDE, BUT NOT TO
 BE LIMITED TO, MINIMUM SETBACK REQUIREMENTS  FROM  RESIDENTIAL  PROPERTY
 AND  FINANCIAL SECURITY PURSUANT TO SECTION SEVENTY-FOUR-C OF THE PUBLIC
 SERVICE LAW.
   § 6. Notwithstanding the amendments to section 263  of  the  town  law
 made  by section four of this act and the amendments to section 7-704 of
 the village law made by section five of this act, nothing  in  this  act
 shall  be  construed  to require any town or village to amend applicable
 local building code or zoning regulations.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall only apply to  comprehensive  plans
 established or amended on or after such effective date.