S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    139
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. PIROZZOLO, FALL, TANNOUSIS, E. BROWN, DeSTEFANO
   -- read once and referred to the Committee on Local Governments
 
 AN ACT to amend to the general municipal law, in relation to prohibiting
   the siting of battery energy storage system sites in assembly district
   63 as established by chapter 127 of the laws of  2023;  and  providing
   for the repeal of such provisions upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. It is the intent of this legislature to
 protect New York state from the adverse effects of the siting of battery
 energy storage systems and related facilities and infrastructure in most
 instances, including but not limited to air pollution and  the  risk  of
 explosions.  The  cumulative  impact of spewing toxic fumes into the air
 and the potential for explosions  in  such  close  proximity  to  homes,
 schools,  churches,  playgrounds,  and  small  businesses  would  prompt
 extremely negative effects on the public health and safety of the  local
 community.
   The  legislature hereby determines that the public interest requires a
 prohibition on the siting of battery energy storage systems and  related
 facilities   and   infrastructure  in  assembly  district  63,  in  most
 instances.
   § 2. The general municipal law is amended by adding a new section  137
 to read as follows:
   §  137.  BATTERY  ENERGY  STORAGE  SYSTEMS;  PROHIBITION  IN  ASSEMBLY
 DISTRICT SIXTY-THREE. 1. DEFINITION. FOR THE PURPOSES OF  THIS  SECTION,
 "BATTERY  ENERGY  STORAGE SYSTEM" SHALL MEAN ONE OR MORE DEVICES, ASSEM-
 BLED 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  CLASSIFIED  AS  A TIER ONE OR TIER TWO BATTERY ENERGY STORAGE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00578-01-5
 A. 139                              2
 
 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. NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY,
 THE FUTURE SITING AND CONSTRUCTION OF BATTERY ENERGY STORAGE SYSTEMS AND
 RELATED FACILITIES, SYSTEMS,  INFRASTRUCTURE,  AND  SUBSTATIONS  OF  ANY
 SCALE AND POSSESSING ANY STORAGE CAPACITY AND INCLUDING, BUT NOT LIMITED
 TO,  THOSE  DEPLOYING  LITHIUM-ION  BATTERIES,  IS  HEREBY PROHIBITED IN
 ASSEMBLY DISTRICT  SIXTY-THREE.  NO  PERMIT  SHALL  BE  ISSUED  FOR  THE
 APPROVAL  OR  CONSTRUCTION THEREOF, INCLUDING THOSE RESERVED FOR UTILITY
 OR COMMERCIAL USE, WITH THE EXCEPTION OF THOSE SITED FOR USE  IN  INDUS-
 TRIAL  ZONES,  ALONG  WITH  THOSE  RESERVED  FOR SMALL-SCALE RESIDENTIAL
 APPLICATIONS.
   § 3. This act shall take effect immediately and shall apply to  siting
 permit  applications pending as of such effective date; provided, howev-
 er, that this act shall expire and be deemed repealed December 31, 2034.