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Assembly Bill A10268

2025-2026 Legislative Session

Prohibits certain battery energy storage systems within one thousand feet of a populated area, in N.Y. City

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Current Bill Status - In Assembly Committee

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2025-A10268 (ACTIVE) - Details

See Senate Version of this Bill:
S8923
Current Committee:
Assembly Energy
Law Section:
Energy Law
Laws Affected:
Add Art 13 §§13-101 & 13-102, Energy L

2025-A10268 (ACTIVE) - Summary

Prohibits tier two battery energy storage systems within one thousand feet of a populated area, in a city with a population of one million or more.

2025-A10268 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10268
 
                           I N  A S S E M B L Y
 
                             February 20, 2026
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the energy  law,  in  relation  to  prohibiting  certain
   battery energy storage systems within one thousand feet of a populated
   area, in a city with a population of one million or more
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The energy law is amended by adding a  new  article  13  to
 read as follows:
                                ARTICLE 13
                      BATTERY ENERGY STORAGE SYSTEMS
 SECTION 13-101. DEFINITIONS.
         13-102. BATTERY ENERGY STORAGE SYSTEMS; PROHIBITIONS.
   § 13-101. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   1.  "BATTERY  ENERGY  STORAGE  SYSTEM" SHALL MEAN ONE OR MORE DEVICES,
 ASSEMBLED TOGETHER, CAPABLE OF STORING ENERGY IN ORDER TO  SUPPLY  ELEC-
 TRICAL 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  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 GREAT-
 ER  THAN  SIX  HUNDRED  KILOWATT HOURS OR ARE COMPRISED OF MORE THAN ONE
 STORAGE BATTERY TECHNOLOGY IN A ROOM OR ENCLOSED AREA.
   2. "POPULATED AREA" SHALL MEAN ANY RESIDENTIALLY ZONED AREA, SCHOOL OR
 HOSPITAL.
   § 13-102. BATTERY ENERGY STORAGE SYSTEMS; PROHIBITIONS.  NO  TIER  TWO
 BATTERY  ENERGY  STORAGE  SYSTEM SHALL BE CONSTRUCTED OR OPERATED WITHIN
 ONE THOUSAND FEET OF A POPULATED AREA, IN A CITY WITH  A  POPULATION  OF
 ONE MILLION OR MORE.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14470-01-6

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