S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7727
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Richmond county is hereby directed to establish  a  hazards
 annex  to the Richmond County Emergency Management Plan for fixed energy
 storage facilities housing lithium-ion batteries within 2 years  of  the
 effective date of this section. The hazards annex shall be applicable to
 energy  storage  facilities  placed  or planned to be placed in assembly
 district 63.
   § 2. Richmond county shall update emergency management  plans  concur-
 rently  and  in  coordination  with the Division of Homeland Securities'
 Disaster Preparedness Commission as it updates guidance on fixed  energy
 storage facilities housing lithium-ion batteries, including those placed
 or planned to be placed in assembly district 63.
   §  3. Prior to the approval and issuance of any federal, state, and/or
 local government permits for any proposed energy storage facility  hous-
 ing  lithium-ion batteries in Richmond county, including those placed or
 planned to be placed in assembly district 63, the New York State  Office
 of  Fire  Prevention and Control, the New York State Energy Research and
 Development Authority, and the Department of Environmental  Conservation
 shall  jointly inspect the site and shall approve its location to ensure
 that appropriate safety setbacks are being  adhered  to.  Considerations
 for  safety  setbacks  shall  include, but not be limited to, major fire
 risks and release  of  hazardous  fumes,  as  well  as  prevailing  wind
 patterns  that could affect the spread of the fumes, due to fires at the
 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
 
   a. Potential bystanders;
   b. Buildings and equipment not related to the energy storage facility;
   c. Schools and nursing homes;
   d. Shopping centers;
   e. Sports, athletic and other recreational facilities;
   f.  Disadvantaged  communities,  especially  the  rural  poor, and any
 potential displacement that could occur;
   g. Farmland;
   h. State parks;
   i. Wildlife; and
   j. Water tables, Watersheds, and Viewsheds.
   Considerations for safety setbacks shall also include ensuring compli-
 ance with New York City Fire Department Rule 3 RCNY 608-01, as  well  as
 compliance with applicable Federal Occupational Safety and Health Admin-
 istration  standards,  including  but not limited to Hazardous Materials
 Standard 1910.119 and Toxic and Hazardous Substances Standard 1910.1200.
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, 2032; provided, however, that section three
 of  this  act  shall  take  effect  upon completion of the hazards annex
 required pursuant to section one of this act; provided further, however,
 that the county executive of Richmond county shall notify  the  legisla-
 tive  bill  drafting commission upon the completion of the hazards annex
 required pursuant to section one of this act in order that  the  commis-
 sion  may  maintain  an  accurate  and timely effective data base of the
 official text of the laws of the state of New  York  in  furtherance  of
 effectuating  the  provisions  of  section 44 of the legislative law and
 section 70-b of the public officers law.