Bill Text: NY S06605 | 2023-2024 | General Assembly | Introduced


Bill Title: Requires community boards to provide public notice of any planned siting and construction of battery energy storage systems and to provide for annual inspections of such battery energy storage systems; defines "battery energy storage systems"; requires operators of such battery energy storage systems to submit to the requirements of community boards regarding notice and inspection requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CITIES 1 [S06605 Detail]

Download: New_York-2023-S06605-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6605

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 28, 2023
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Cities 1

        AN ACT to amend the New York city charter and the general municipal law,
          in relation to notice and inspection requirements for  battery  energy
          storage systems in a city with a population with one million or more

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

     1    Section 1. Paragraphs 20, 21 and 22 of subdivision d of  section  2800
     2  of  the  New York city charter, paragraph 20 as amended by a vote of the
     3  people of the city of New York at the general election held in  November
     4  1989  and  paragraphs 21 and 22 as amended by section 3 of question 3 of
     5  local law number 211 of the city of New York  for  the  year  2018,  are
     6  amended and two new paragraphs 23 and 24 are added to read as follows:
     7    (20)  Within  budgetary  appropriations for such purposes, disseminate
     8  information  about  city  services  and  programs,  process  complaints,
     9  requests, and inquiries of residents of the community district; [and]
    10    (21)  Conduct  substantial  public outreach, including identifying the
    11  organizations active in the community district, maintaining  a  list  of
    12  the  names  and  mailing  addresses of such community organizations, and
    13  making such names and, with the consent  of  the  organization,  mailing
    14  addresses available to the public upon request; [and]
    15    (22)  With  assistance  and support from the department of information
    16  technology and telecommunications,  maintain  a  website  that  provides
    17  adequate  public notice of upcoming meetings, minutes from past meetings
    18  for the past twelve months, and contact information for the board[.];
    19    (23) Provide public notice to residents of the community  district  of
    20  any  planned  siting and construction of battery energy storage systems,
    21  as defined by section one hundred thirty-seven of the general  municipal
    22  law,  or  related facilities, systems, infrastructure, or substations of
    23  any scale and possessing any storage capacity, including, but not limit-
    24  ed to, those deploying lithium-ion batteries; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10759-01-3

        S. 6605                             2

     1    (24) Provide for annual safety inspections of any battery energy stor-
     2  age systems, as defined by  section  one  hundred  thirty-seven  of  the
     3  general  municipal law, and related facilities, systems, infrastructure,
     4  and substations of  any  scale  and  possessing  any  storage  capacity,
     5  including,  but  not  limited to, those deploying lithium-ion batteries,
     6  located in the community district.
     7    § 2. The general municipal law is amended by adding a new section  137
     8  to read as follows:
     9    §  137.  Battery  energy  storage systems; public notice and community
    10  board compliance. 1. For the purposes of this section,  "battery  energy
    11  storage  system"  shall  mean  one  or more devices, assembled together,
    12  capable of storing energy in order to  supply  electrical  energy  at  a
    13  future  time, not to include a stand-alone twelve-volt car battery or an
    14  electric motor vehicle. A battery energy storage system shall be classi-
    15  fied as a tier one or tier two battery energy storage system as follows:
    16  (a) tier one battery energy storage systems shall possess  an  aggregate
    17  energy capacity less than or equal to six hundred kilowatt hours and, if
    18  in  a  room  or  enclosed  area, consist of only a single energy storage
    19  system technology; (b) tier two battery  energy  storage  systems  shall
    20  possess  an  aggregate energy capacity greater than six hundred kilowatt
    21  hours or are comprised of more than one storage battery technology in  a
    22  room or enclosed area.
    23    2.  Detailed  notice of any planned siting and construction of battery
    24  energy storage systems or related facilities,  systems,  infrastructure,
    25  or substations of any scale and possessing any storage capacity, includ-
    26  ing,  but  not  limited  to, those deploying lithium-ion batteries, in a
    27  city with a population of one million or more, shall be provided to  the
    28  community  board of the community district where such planned siting and
    29  construction is located, in addition to details of  all  planned  safety
    30  features included in such planned siting and construction.
    31    3.  An entity operating a battery energy storage system in a city with
    32  a population of one million or more shall submit to any requirements  of
    33  the  community  board  of  the  community district in which such battery
    34  energy storage system  is  located,  regarding  such  community  board's
    35  compliance  with the notice and inspection requirements under paragraphs
    36  twenty-three and twenty-four of subdivision d  of  section  twenty-eight
    37  hundred of the New York city charter.
    38    § 3. This act shall take effect immediately.
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