NY State Senate Bill 2023-S6605

Senate Bill S6605

2023-2024 Legislative Session

Relates to notice and inspection requirements for battery energy storage systems in a city with a population with one million or more

download bill text pdf

Current Bill Status - In Senate Committee Cities 1 Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to cities 1
Apr 28, 2023	referred to cities 1

2023-S6605 (ACTIVE) - Details

Current Committee:: Senate Cities 1
Law Section:: New York City Charter
Laws Affected:: Amd §2800, NYC Chart; add §137, Gen Muni L

2023-S6605 (ACTIVE) - Summary

Requires community boards to provide public notice of any planned siting and construction of battery energy storage systems and to provide for annual inspections of such battery energy storage systems; defines "battery energy storage systems"; requires operators of such battery energy storage systems to submit to the requirements of community boards regarding notice and inspection requirements.

2023-S6605 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6605

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the New York city charter and the general municipal law,
in relation to notice and inspection requirements for battery energy
storage systems in a city with a population with one million or more

 
PURPOSE:

Battery energy storage systems (BESSs) are emerging as new technology to
help use energy from existing sources when it is both inexpensive and
readily available and redistribute it to distribution grids during times
of peak demand when existing power grids are under the greatest load
demand and therefore supply is low and pricing is high.  However, with
this new technology there is a need for regulatory notification and
inspection for the purpose of community safety.

 
SUMMARY OF PROVISIONS:

Section 1: Adds two new paragraphs to existing subdivisions of New York

City Charter. Paragraph 23 provides public notice to residents of the
community district of any planned siting and construction of battery
energy storage systems (BESSs) as defined by section one hundred thir-
ty-seven of the general municipal law, or related facilities, systems,
infrastructure, or substations of any scale and possessing any storage
capacity, including those deploying lithium-ion batteries.

Provide for annual safety inspections of any battery energy storage
systems, as defined by section one hundred thirty-seven of the general
municipal law, and related facilities, systems, infrastructure, and
substations of any scale and possessing any storage capacity including
those deploying lithium-ion batteries, located in the community
district.

Section 2: Adds new section 137 which adds definitions for BESSs, tier
one or tier two battery energy storage systems. A detailed notice of any
planned siting and construction of battery storage systems or related
facilities, systems, infrastructure, or substations of any scale and
possessing any storage capacity, including those deploying lithium-ion
batteries in a city with a population of one million or more, shall be
provided to the community board of the community district where such
planed siting and construction is located.  Additionally, details of all
planned safety features included in such planned siting and
construction.

An entity operating a BESSs in a city of a population of one million or
more shall submit to any requirements of the community board of the
community district in which such battery energy storage system is
located, regarding such community board's compliance with the notice and
inspection requirements under paragraphs twenty-three an twenty-four of
subdivision d of section twenty-eight hundred of the New York City Char-
ter.

Section 3. This act shall take effect immediately.

 
JUSTIFICATION:

Safety risks are the single biggest factor adding friction to the
deployment of more BESS capacity. Today's most cost effective BESSs are
based on lithium-ion battery chemistries with inherent fire safety
concerns. Many of the best BESSs use cases are situated in dense urban
environments like NYC, where power delivery is constrained. Although
there are existing guidelines on BESSs there is a need to make sure that
there is compliance and routine inspections conducted on these systems
for overall public safety. There is also a need for accountability with
residents and community boards by way of public outreach, addressing
complaints and concerns. The Department of Information Technology and
Telecommunications will be required to maintain a website that provides
adequate public notice of upcoming meetings, past meeting notes and
accessible contact information, based on the placement of BESSs, general
maintenance and construction of BESSs.

Annual safety inspections of any battery energy storage system and
related facilities, systems, infrastructure and substations of any scale
and possessing any storage capacity, including, but not limited to,
those deploying lithium-ion batteries located in the community districts
should be prioritized.

 
LEGISLATIVE HISTORY:

New

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6605 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6605
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the New York city charter and the general municipal law,
   in relation to notice and inspection requirements for  battery  energy
   storage systems in a city with a population with one million or more

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs 20, 21 and 22 of subdivision d of  section  2800
 of  the  New York city charter, paragraph 20 as amended by a vote of the
 people of the city of New York at the general election held in  November
 1989  and  paragraphs 21 and 22 as amended by section 3 of question 3 of
 local law number 211 of the city of New York  for  the  year  2018,  are
 amended and two new paragraphs 23 and 24 are added to read as follows:
   (20)  Within  budgetary  appropriations for such purposes, disseminate
 information  about  city  services  and  programs,  process  complaints,
 requests, and inquiries of residents of the community district; [and]
   (21)  Conduct  substantial  public outreach, including identifying the
 organizations active in the community district, maintaining  a  list  of
 the  names  and  mailing  addresses of such community organizations, and
 making such names and, with the consent  of  the  organization,  mailing
 addresses available to the public upon request; [and]
   (22)  With  assistance  and support from the department of information
 technology and telecommunications,  maintain  a  website  that  provides
 adequate  public notice of upcoming meetings, minutes from past meetings
 for the past twelve months, and contact information for the board[.];
   (23) PROVIDE PUBLIC NOTICE TO RESIDENTS OF THE COMMUNITY  DISTRICT  OF
 ANY  PLANNED  SITING AND CONSTRUCTION OF BATTERY ENERGY STORAGE SYSTEMS,
 AS DEFINED BY SECTION ONE HUNDRED THIRTY-SEVEN OF THE GENERAL  MUNICIPAL
 LAW,  OR  RELATED FACILITIES, SYSTEMS, INFRASTRUCTURE, OR SUBSTATIONS OF
 ANY SCALE AND POSSESSING ANY STORAGE CAPACITY, INCLUDING, BUT NOT LIMIT-
 ED TO, THOSE DEPLOYING LITHIUM-ION BATTERIES; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10759-01-3

 S. 6605                             2
 
   (24) PROVIDE FOR ANNUAL SAFETY INSPECTIONS OF ANY BATTERY ENERGY STOR-
 AGE SYSTEMS, AS DEFINED BY  SECTION  ONE  HUNDRED  THIRTY-SEVEN  OF  THE
 GENERAL  MUNICIPAL LAW, AND RELATED FACILITIES, SYSTEMS, INFRASTRUCTURE,
 AND SUBSTATIONS OF  ANY  SCALE  AND  POSSESSING  ANY  STORAGE  CAPACITY,
 INCLUDING,  BUT  NOT  LIMITED TO, THOSE DEPLOYING LITHIUM-ION BATTERIES,
 LOCATED IN THE COMMUNITY DISTRICT.
   § 2. The general municipal law is amended by adding a new section  137
 to read as follows:
   §  137.  BATTERY  ENERGY  STORAGE SYSTEMS; PUBLIC NOTICE AND COMMUNITY
 BOARD COMPLIANCE. 1. FOR THE PURPOSES OF THIS SECTION,  "BATTERY  ENERGY
 STORAGE  SYSTEM"  SHALL  MEAN  ONE  OR MORE DEVICES, ASSEMBLED TOGETHER,
 CAPABLE OF STORING ENERGY IN ORDER TO  SUPPLY  ELECTRICAL  ENERGY  AT  A
 FUTURE  TIME, NOT TO INCLUDE A STAND-ALONE TWELVE-VOLT CAR BATTERY OR AN
 ELECTRIC MOTOR VEHICLE. A BATTERY ENERGY STORAGE SYSTEM SHALL BE CLASSI-
 FIED AS A TIER ONE OR TIER TWO BATTERY ENERGY STORAGE SYSTEM AS FOLLOWS:
 (A) TIER ONE BATTERY ENERGY STORAGE SYSTEMS SHALL POSSESS  AN  AGGREGATE
 ENERGY CAPACITY LESS THAN OR EQUAL TO SIX HUNDRED KILOWATT HOURS AND, IF
 IN  A  ROOM  OR  ENCLOSED  AREA, CONSIST OF ONLY A SINGLE ENERGY STORAGE
 SYSTEM TECHNOLOGY; (B) TIER TWO BATTERY  ENERGY  STORAGE  SYSTEMS  SHALL
 POSSESS  AN  AGGREGATE ENERGY CAPACITY GREATER THAN SIX HUNDRED KILOWATT
 HOURS OR ARE COMPRISED OF MORE THAN ONE STORAGE BATTERY TECHNOLOGY IN  A
 ROOM OR ENCLOSED AREA.
   2.  DETAILED  NOTICE OF ANY PLANNED SITING AND CONSTRUCTION OF BATTERY
 ENERGY STORAGE SYSTEMS OR RELATED FACILITIES,  SYSTEMS,  INFRASTRUCTURE,
 OR SUBSTATIONS OF ANY SCALE AND POSSESSING ANY STORAGE CAPACITY, INCLUD-
 ING,  BUT  NOT  LIMITED  TO, THOSE DEPLOYING LITHIUM-ION BATTERIES, IN A
 CITY WITH A POPULATION OF ONE MILLION OR MORE, SHALL BE PROVIDED TO  THE
 COMMUNITY  BOARD OF THE COMMUNITY DISTRICT WHERE SUCH PLANNED SITING AND
 CONSTRUCTION IS LOCATED, IN ADDITION TO DETAILS OF  ALL  PLANNED  SAFETY
 FEATURES INCLUDED IN SUCH PLANNED SITING AND CONSTRUCTION.
   3.  AN ENTITY OPERATING A BATTERY ENERGY STORAGE SYSTEM IN A CITY WITH
 A POPULATION OF ONE MILLION OR MORE SHALL SUBMIT TO ANY REQUIREMENTS  OF
 THE  COMMUNITY  BOARD  OF  THE  COMMUNITY DISTRICT IN WHICH SUCH BATTERY
 ENERGY STORAGE SYSTEM  IS  LOCATED,  REGARDING  SUCH  COMMUNITY  BOARD'S
 COMPLIANCE  WITH THE NOTICE AND INSPECTION REQUIREMENTS UNDER PARAGRAPHS
 TWENTY-THREE AND TWENTY-FOUR OF SUBDIVISION D  OF  SECTION  TWENTY-EIGHT
 HUNDRED OF THE NEW YORK CITY CHARTER.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.