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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3297--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M. of A. PIROZZOLO, FALL, TANNOUSIS, E. BROWN, DeSTEFANO
          -- read once and referred to the Committee  on  Local  Governments  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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

          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  in  assembly  district  63,   in   most
    13  instances.
    14    §  2. The general municipal law is amended by adding a new section 137
    15  to read as follows:
    16    §  137.  Battery  energy  storage  systems;  prohibition  in  assembly
    17  district  sixty-three.  1. Definition. For the purposes of this section,
    18  "battery energy storage system" shall mean one or more  devices,  assem-
    19  bled  together,  capable of storing energy in order to supply electrical
    20  energy at a future time, not to include a  stand-alone  twelve-volt  car
    21  battery  or  an  electric motor vehicle. A battery energy storage system
    22  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.
                                                                   LBD07276-02-3
        A. 3297--A                          2

     1  system  as  follows:  (a)  tier one battery energy storage systems shall
     2  possess an aggregate energy capacity less than or equal to  six  hundred
     3  kilowatt  hours  and,  if  in a room or enclosed area, consist of only a
     4  single  energy  storage  system  technology; (b) tier two battery energy
     5  storage systems shall possess an aggregate energy capacity greater  than
     6  six  hundred  kilowatt  hours  or are comprised of more than one storage
     7  battery technology in a room or enclosed area.
     8    2. Notwithstanding any other law, rule, or regulation to the contrary,
     9  the future siting and construction of battery energy storage systems and
    10  related facilities, systems,  infrastructure,  and  substations  of  any
    11  scale and possessing any storage capacity and including, but not limited
    12  to,  those  deploying  lithium-ion  batteries,  is  hereby prohibited in
    13  assembly district  sixty-three.  No  permit  shall  be  issued  for  the
    14  approval  or  construction thereof, including those reserved for utility
    15  or commercial use, with the exception of those sited for use  in  indus-
    16  trial  zones,  along  with  those  reserved  for small-scale residential
    17  applications.
    18    § 3. This act shall take effect immediately and shall apply to  siting
    19  permit applications pending as of such effective date.