S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7128
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2023
                                ___________
 
 Introduced  by  M.  of  A.  TANNOUSIS  --  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 in assembly district
   64 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:
 
   Section 1. Legislative intent. It is the intent of this legislature to
 protect New York state from the adverse effects of the siting of battery
 energy storage systems and related facilities and infrastructure in most
 instances,  including  but  not limited to air pollution and the risk of
 explosions. The cumulative impact of spewing toxic fumes  into  the  air
 and  the  potential  for  explosions  in  such close proximity to homes,
 schools,  churches,  playgrounds,  and  small  businesses  would  prompt
 extremely  negative effects on the public health and safety of the local
 community.
   The legislature hereby determines that the public interest requires  a
 prohibition  on the siting of battery energy storage systems and related
 facilities  and  infrastructure  in  assembly  district  64,   in   most
 instances.
   §  2. The general municipal law is amended by adding a new section 137
 to read as follows:
   §  137.  BATTERY  ENERGY  STORAGE  SYSTEMS;  PROHIBITION  IN  ASSEMBLY
 DISTRICT  SIXTY-FOUR.  1.  DEFINITION. FOR THE PURPOSES OF THIS SECTION,
 "BATTERY ENERGY STORAGE SYSTEM" SHALL MEAN ONE OR MORE  DEVICES,  ASSEM-
 BLED  TOGETHER,  CAPABLE OF STORING ENERGY IN ORDER TO SUPPLY ELECTRICAL
 ENERGY AT A FUTURE TIME, NOT TO INCLUDE A  STAND-ALONE  TWELVE-VOLT  CAR
 BATTERY  OR  AN  ELECTRIC MOTOR VEHICLE. A BATTERY ENERGY STORAGE SYSTEM
 SHALL BE CLASSIFIED AS A TIER ONE OR TIER  TWO  BATTERY  ENERGY  STORAGE
 SYSTEM  AS  FOLLOWS:  (A)  TIER ONE BATTERY ENERGY STORAGE SYSTEMS SHALL
 POSSESS AN AGGREGATE ENERGY CAPACITY LESS THAN OR EQUAL TO  SIX  HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11256-01-3
              

 A. 7128                             2
 
 KILOWATT  HOURS  AND,  IF  IN A ROOM OR ENCLOSED AREA, CONSIST OF ONLY A
 SINGLE ENERGY STORAGE SYSTEM TECHNOLOGY; (B)  TIER  TWO  BATTERY  ENERGY
 STORAGE  SYSTEMS SHALL POSSESS AN AGGREGATE ENERGY CAPACITY GREATER THAN
 SIX  HUNDRED  KILOWATT  HOURS  OR ARE COMPRISED OF MORE THAN ONE STORAGE
 BATTERY TECHNOLOGY IN A ROOM OR ENCLOSED AREA.
   2. NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY,
 THE FUTURE SITING AND CONSTRUCTION OF BATTERY ENERGY STORAGE SYSTEMS AND
 RELATED FACILITIES, SYSTEMS,  INFRASTRUCTURE,  AND  SUBSTATIONS  OF  ANY
 SCALE AND POSSESSING ANY STORAGE CAPACITY AND INCLUDING, BUT NOT LIMITED
 TO,  THOSE  DEPLOYING  LITHIUM-ION  BATTERIES,  IS  HEREBY PROHIBITED IN
 ASSEMBLY DISTRICT SIXTY-FOUR. NO PERMIT SHALL BE ISSUED FOR THE APPROVAL
 OR CONSTRUCTION THEREOF, INCLUDING THOSE RESERVED FOR UTILITY OR COMMER-
 CIAL USE, WITH THE EXCEPTION OF THOSE SITED FOR USE IN INDUSTRIAL ZONES,
 ALONG WITH THOSE RESERVED FOR SMALL-SCALE RESIDENTIAL APPLICATIONS.
   § 3. This act shall take effect immediately and shall apply to  siting
 permit applications pending as of such effective date.