S T A T E O F N E W Y O R K
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11359
I N A S S E M B L Y
May 13, 2026
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Barrett) --
read once and referred to the Committee on Energy
AN ACT to amend the public service law, in relation to the siting or
construction of a qualified energy storage system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 74 of the public service law is amended by adding a
new subdivision 5 to read as follows:
5. UPON THE FILING OF ANY APPLICATION FOR A PERMIT OR AUTHORIZATION
WITH ANY CITY, TOWN, VILLAGE, COUNTY, PUBLIC AUTHORITY, OR STATE AGENCY
RELATING TO THE SITING OR CONSTRUCTION OF A QUALIFIED ENERGY STORAGE
SYSTEM THAT (A) HAS A STORAGE CAPACITY GREATER THAN ONE MEGAWATT HOUR,
(B) IS CONNECTED TO THE LOCAL DISTRIBUTION SYSTEM AND PRIMARILY OPERATED
FOR COMMERCIAL OR ELECTRIC RETAIL PURPOSES, AND (C) IS NOT CONSTRUCTED
IN CONNECTION WITH A MAJOR RENEWABLE ENERGY FACILITY PURSUANT TO ARTICLE
EIGHT OF THIS CHAPTER, THE APPLICANT SHALL PROVIDE NOTICE OF SUCH APPLI-
CATION, AS WELL AS A BRIEF OVERVIEW OF THE PROPOSED ENERGY STORAGE
SYSTEM, TO THE CHIEF EXECUTIVE OF THE CITY, TOWN, OR VILLAGE AND EACH
MEMBER OF THE STATE LEGISLATURE WITHIN WHOSE DISTRICT THE PROPOSED ENER-
GY STORAGE SYSTEM IS TO BE LOCATED.
§ 2. This act shall take effect January 1, 2027; provided that the
provisions of this act shall not apply to any qualified energy storage
system projects which have filed any application for a permit or author-
ization on or before such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15847-01-6