S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5506
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2025
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN ACT to amend the public service law and the labor law, in relation to
   qualified energy storage systems
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1-a of section 66-r of the public service  law,
 as amended by section 32 of part O of chapter 58 of the laws of 2024, is
 amended to read as follows:
   1-a.  For  the  purposes  of  this section, an "other covered project"
 means: (a) any "thermal energy network" as defined by subdivision  twen-
 ty-nine  of  section  two  of this chapter; (b) any offshore wind supply
 chain project, including but not limited to port infrastructure, primary
 component manufacturing, finished component  manufacturing,  subassembly
 manufacturing, subcomponent manufacturing, or raw material producers, or
 a  combination  thereof receiving direct funding from the New York state
 energy research and development authority pursuant to an award  under  a
 New  York  state energy research and development authority solicitation;
 [or] (c) a "major utility transmission facility" as such term is defined
 by section one hundred twenty of this chapter or "major electric  trans-
 mission facility" as defined by article VIII of this chapter; OR (D) ANY
 QUALIFIED  ENERGY STORAGE SYSTEM, AS SUCH TERM IS DEFINED IN SUBDIVISION
 ONE OF SECTION SEVENTY-FOUR OF THIS ARTICLE, WITH A  NAMEPLATE  CAPACITY
 OF  TWENTY-FIVE  THOUSAND  KILOWATTS  OR  MORE AND INTERCONNECTED TO THE
 STATE'S ELECTRICITY GRID.
   § 2. Subdivision 4 of section 137 of the public service law, as  added
 by section 11 of part O of chapter 58 of the laws of 2024, is amended to
 read as follows:
   4.  "Major  renewable  energy  facility"  means  any  renewable energy
 system, as such term is defined in section sixty-six-p of this  chapter,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09637-01-5
              

 S. 5506                             2
 
 with  a  nameplate generating capacity of twenty-five thousand kilowatts
 or more, [and] any co-located system storing energy generated from  such
 a  renewable  energy  system  prior  to delivering it to the bulk trans-
 mission  system, OR ANY QUALIFIED ENERGY STORAGE SYSTEM, AS SUCH TERM IS
 DEFINED IN SUBDIVISION ONE OF SECTION SEVENTY-FOUR OF THIS CHAPTER, WITH
 A NAMEPLATE CAPACITY OF  TWENTY-FIVE  THOUSAND  KILOWATTS  OR  MORE  AND
 INTERCONNECTED TO THE STATE'S ELECTRICITY GRID, including all associated
 appurtenances to electric plants, including electric transmission facil-
 ities  less  than ten miles in length in order to provide access to load
 and to integrate such facilities into the state's bulk  electric  trans-
 mission system.
   §  3. Subdivision 5 of section 140 of the public service law, as added
 by section 11 of part O of chapter 58 of the laws of  2024,  is  amended
 and a new subdivision six is added to read as follows:
   5. This section shall not apply:
   (a) to normal repairs, maintenance, replacements, non-material modifi-
 cations and improvements of a major renewable energy facility subject to
 this article, whenever built, which are performed in the ordinary course
 of  business  and  which do not constitute a violation of any applicable
 existing permit; [and]
   (b) to a major renewable energy facility if, on or before [the  effec-
 tive  date  of  this article] DECEMBER 31, 2025, an application has been
 made or granted for a license, permit, certificate, consent or  approval
 from any federal, state or local commission, agency, board or regulatory
 body[.]; AND
   (C)  TO  AN  ENERGY  STORAGE SYSTEM CONSTRUCTED IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE.
   6. AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, ANY PERSON INTENDING TO
 CONSTRUCT A MAJOR RENEWABLE ENERGY FACILITY EXCLUDED FROM  THIS  SECTION
 PURSUANT  TO PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION MAY ELECT
 TO BECOME SUBJECT TO THE PROVISIONS OF THIS SECTION BY FILING AN  APPLI-
 CATION  FOR  A MAJOR RENEWABLE ENERGY FACILITY SITING PERMIT PURSUANT TO
 THE REGULATIONS OF ORES GOVERNING SUCH APPLICATIONS.
   § 4. Paragraph (a) of subdivision 1  of  section  145  of  the  public
 service  law, as added by section 11 of part O of chapter 58 of the laws
 of 2024, is amended to read as follows:
   (a) for a major renewable energy facility, one  thousand  dollars  for
 each  thousand  kilowatts  of  capacity  of the proposed major renewable
 energy facility, WITH A MINIMUM FEE OF TWENTY-FIVE THOUSAND DOLLARS  AND
 A  MAXIMUM  FEE  OF ONE HUNDRED THOUSAND DOLLARS FOR ANY PROPOSED ENERGY
 STORAGE FACILITY;
   § 5. Subdivision 1 of section 224-d of the labor law,  as  amended  by
 section  31  of  part O of chapter 58 of the laws of 2024, is amended to
 read as follows:
   1. For purposes of this section, a "covered renewable  energy  system"
 means  (a) a renewable energy system, as such term is defined in section
 sixty-six-p of the public service law, with a capacity of  one  or  more
 megawatts  alternating  current  and  which  involves the procurement of
 renewable energy credits by a public entity, or a company or corporation
 provided in subdivisions twenty-three and twenty-four of section two  of
 the  public  service  law, or a third party acting on behalf and for the
 benefit of a public entity; (b) any "thermal energy network" as  defined
 by subdivision twenty-nine of section two of the public service law; (c)
 any  offshore  wind  supply  chain project, including but not limited to
 port infrastructure, primary component manufacturing, finished component
 manufacturing, subassembly manufacturing, subcomponent manufacturing, or
 S. 5506                             3
 
 raw material producers, or a combination thereof receiving direct  fund-
 ing  from  the  New York state energy research and development authority
 pursuant to an award under a New York state energy research and develop-
 ment  authority  solicitation;  [or]  (d)  a "major utility transmission
 facility" as such term is defined by section one hundred twenty  of  the
 public  service law; OR (E) ANY QUALIFIED ENERGY STORAGE SYSTEM, AS SUCH
 TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SEVENTY-FOUR OF THE PUBLIC
 SERVICE LAW, WITH A NAMEPLATE CAPACITY OF TWENTY-FIVE THOUSAND KILOWATTS
 OR MORE AND INTERCONNECTED TO THE STATE'S ELECTRICITY GRID.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that the amendments to sections
 137, 140, and 145 of the public service law made by sections two,  three
 and  four  of  this act shall not affect the repeal of such sections and
 shall be deemed to be repealed  therewith.  Effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.