Bill Text: NY A03297 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the siting and construction of battery energy storage systems and related facilities, systems, infrastructure, and substations of any scale and possessing any storage capacity in assembly district 63; provides for the repeal of such provisions upon expiration thereof.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced) 2024-03-25 - print number 3297b [A03297 Detail]

Download: New_York-2023-A03297-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3297

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M.  of  A.  PIROZZOLO  --  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 on Staten Island

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Legislative intent. It is the intent of this Legislature to
     2  protect New York State from the adverse effects of the siting of battery
     3  energy storage systems and related facilities and infrastructure in most
     4  instances,  including  but  not limited to air pollution and the risk of
     5  explosions. The cumulative impact of spewing toxic fumes  into  the  air
     6  and  the  potential  for  explosions  in  such close proximity to homes,
     7  schools,  churches,  playgrounds,  and  small  businesses  would  prompt
     8  extremely  negative effects on the public health and safety of the local
     9  community.
    10    The Legislature hereby determines that the public interest requires  a
    11  prohibition  on the siting of battery energy storage systems and related
    12  facilities and infrastructure on Staten Island, in most instances.
    13    § 2. The general municipal law is amended by adding a new section  137
    14  to read as follows:
    15    §  137.  Battery energy storage systems; prohibition on Staten Island.
    16  1. Definition. For the purposes of this section, "battery energy storage
    17  system" shall mean one or more devices, assembled together,  capable  of
    18  storing  energy  in  order to supply electrical energy at a future time,
    19  not to include a stand-alone twelve-volt  car  battery  or  an  electric
    20  motor  vehicle. A battery energy storage system shall be classified as a
    21  tier one or tier two battery energy storage system as follows: (a)  tier
    22  one  battery  energy  storage  systems shall possess an aggregate energy
    23  capacity less than or equal to six hundred kilowatt hours and, if  in  a
    24  room  or  enclosed  area, consist of only a single energy storage system
    25  technology; (b) tier two battery energy storage systems shall possess an

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07276-01-3
        A. 3297                             2

     1  aggregate energy capacity greater than six hundred kilowatt hours or are
     2  comprised of more than one storage  battery  technology  in  a  room  or
     3  enclosed area.
     4    2. Notwithstanding any other law, rule, or regulation to the contrary,
     5  the future siting and construction of battery energy storage systems and
     6  related  facilities,  systems,  infrastructure,  and  substations of any
     7  scale and possessing any storage capacity and including, but not limited
     8  to, those deploying  lithium-ion  batteries,  is  hereby  prohibited  on
     9  Staten   Island.   No  permit  shall  be  issued  for  the  approval  or
    10  construction thereof, including those reserved for utility or commercial
    11  use, with the exception of those sited  for  use  in  industrial  zones,
    12  along with those reserved for small-scale residential applications.
    13    §  3. This act shall take effect immediately and shall apply to siting
    14  permit applications pending as of such effective date.