Bill Text: NY A07727 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Requires Richmond County to establish a hazards annex to the Richmond county emergency management plan for certain fixed energy storage facilities to ensures that Richmond County is prepared to deal with the potential dangers, such as high-temperature chemical fires, associated with large scale energy storage facilities, including those placed or planned to be placed in assembly district 63.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to cities [A07727 Detail]

Download: New_York-2023-A07727-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7727

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      June 6, 2023
                                       ___________

        Introduced  by  M.  of  A.  PIROZZOLO  --  read once and referred to the
          Committee on Cities

        AN ACT in relation to requiring Richmond county to establish  a  hazards
          annex  to  the  Richmond  county emergency management plan for certain
          fixed energy storage facilities; and providing for the repeal of  such
          provisions upon expiration thereof

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

     1    Section 1. Richmond county is hereby directed to establish  a  hazards
     2  annex  to the Richmond County Emergency Management Plan for fixed energy
     3  storage facilities housing lithium-ion batteries within 2 years  of  the
     4  effective date of this section. The hazards annex shall be applicable to
     5  energy  storage  facilities  placed  or planned to be placed in assembly
     6  district 63.
     7    § 2. Richmond county shall update emergency management  plans  concur-
     8  rently  and  in  coordination  with the Division of Homeland Securities'
     9  Disaster Preparedness Commission as it updates guidance on fixed  energy
    10  storage facilities housing lithium-ion batteries, including those placed
    11  or planned to be placed in assembly district 63.
    12    §  3. Prior to the approval and issuance of any federal, state, and/or
    13  local government permits for any proposed energy storage facility  hous-
    14  ing  lithium-ion batteries in Richmond county, including those placed or
    15  planned to be placed in assembly district 63, the New York State  Office
    16  of  Fire  Prevention and Control, the New York State Energy Research and
    17  Development Authority, and the Department of Environmental  Conservation
    18  shall  jointly inspect the site and shall approve its location to ensure
    19  that appropriate safety setbacks are being  adhered  to.  Considerations
    20  for  safety  setbacks  shall  include, but not be limited to, major fire
    21  risks and release  of  hazardous  fumes,  as  well  as  prevailing  wind
    22  patterns  that could affect the spread of the fumes, due to fires at the
    23  proposed energy facility with respect to:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11672-01-3
        A. 7727                             2

     1    a. Potential bystanders;
     2    b. Buildings and equipment not related to the energy storage facility;
     3    c. Schools and nursing homes;
     4    d. Shopping centers;
     5    e. Sports, athletic and other recreational facilities;
     6    f.  Disadvantaged  communities,  especially  the  rural  poor, and any
     7  potential displacement that could occur;
     8    g. Farmland;
     9    h. State parks;
    10    i. Wildlife; and
    11    j. Water tables, Watersheds, and Viewsheds.
    12    Considerations for safety setbacks shall also include ensuring compli-
    13  ance with New York City Fire Department Rule 3 RCNY 608-01, as  well  as
    14  compliance with applicable Federal Occupational Safety and Health Admin-
    15  istration  standards,  including  but not limited to Hazardous Materials
    16  Standard 1910.119 and Toxic and Hazardous Substances Standard 1910.1200.
    17    § 4. This act shall take effect immediately and shall  expire  and  be
    18  deemed repealed December 31, 2032; provided, however, that section three
    19  of  this  act  shall  take  effect  upon completion of the hazards annex
    20  required pursuant to section one of this act; provided further, however,
    21  that the county executive of Richmond county shall notify  the  legisla-
    22  tive  bill  drafting commission upon the completion of the hazards annex
    23  required pursuant to section one of this act in order that  the  commis-
    24  sion  may  maintain  an  accurate  and timely effective data base of the
    25  official text of the laws of the state of New  York  in  furtherance  of
    26  effectuating  the  provisions  of  section 44 of the legislative law and
    27  section 70-b of the public officers law.