S T A T E O F N E W Y O R K
________________________________________________________________________
6955--A
2025-2026 Regular Sessions
I N A S S E M B L Y
March 18, 2025
___________
Introduced by M. of A. WILLIAMS, FALL, BUTTENSCHON, COLTON, YEGER --
read once and referred to the Committee on Energy -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public service law, the New York city fire code, the
town law and the village law, in relation to setback and financial
requirements relating to the siting of battery energy storage systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
74-c to read as follows:
§ 74-C. MUNICIPAL ASSISTANCE. 1. THE DEPARTMENT, IN COORDINATION WITH
THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION, THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AND THE DEPARTMENT
OF STATE, SHALL PREPARE AND MAKE AVAILABLE TO MUNICIPALITIES, INFORMA-
TION RELATING TO THE SITING OF BATTERY ENERGY STORAGE SYSTEMS WITH A
CAPACITY OVER FIVE MEGAWATTS, INCLUDING, BUT NOT LIMITED TO, MODEL LOCAL
LAWS, REGULATIONS, OR ORDINANCES RELATED TO:
(A) SETBACK REQUIREMENTS, WHICH SHALL BE AT LEAST ONE THOUSAND FEET
FROM A DWELLING, HOUSE, FARM BUILDING, OR SCHOOL BUILDING THAT IS ACTU-
ALLY OCCUPIED OR USED. SUCH SETBACK REQUIREMENTS MAY VARY BASED ON THE
CAPACITY OF THE BATTERY ENERGY STORAGE SYSTEM AND MAY SET A FURTHER
DISTANCE APPROPRIATE TO ENSURE THE SAFETY OF ANY OCCUPANTS AGAINST FIRE
OR OTHER POTENTIAL REASONABLE DANGERS.
(B) FINANCIAL SURETY REQUIREMENTS THAT MAY CONSIDER: ANY COMBINATION
OF INSURANCE, GUARANTEE, SURETY BOND, LETTER OF CREDIT, OR QUALIFICA-
TIONS AS A SELF INSURER; THE APPROPRIATE AMOUNT OF FINANCIAL SURETY; AND
THE INCLUSION OF PROVISIONS THAT SPECIFY POLICY OR OTHER CONTRACTUAL
TERMS, CONDITIONS, OR DEFENSES NECESSARY OR UNACCEPTABLE IN ESTABLISHING
EVIDENCE OF FINANCIAL SURETY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10952-03-5
A. 6955--A 2
(C) ZONING REQUIREMENTS WHICH SHALL ONLY BE PERMITTED ON PROPERTIES
DESIGNATED FOR INDUSTRIAL USE, IN ACCORDANCE WITH APPLICABLE LOCAL OR
MUNICIPAL ZONING AND LAND USE REGULATIONS.
2. FOR PURPOSES OF THIS SECTION, "BATTERY ENERGY STORAGE SYSTEM" SHALL
HAVE THE SAME MEANING AS "QUALIFIED ENERGY STORAGE SYSTEM" AS DEFINED IN
SUBDIVISION ONE OF SECTION SEVENTY-FOUR OF THIS CHAPTER, EXCEPT THAT IT
SHALL NOT INCLUDE ENERGY STORAGE SYSTEMS THAT USE MECHANICAL OR THERMAL
PROCESSES.
§ 2. Section 104.1.2 of the New York city fire code, as amended by
local law number 47 of the city of New York for the year 2022, is
amended to read as follows:
104.1.2 Review of design and installation. The commissioner may
authorize the Department of Buildings to review construction documents
filed with that agency for compliance with the design and installation
requirements of this code for stationary energy storage systems, fire
apparatus access roads, rooftop access and obstructions, and such other
design and installation requirements as the commissioner, in consulta-
tion with the Commissioner of Buildings, may determine facilitates the
design and construction process. THE COMMISSIONER SHALL REQUIRE THE
ESTABLISHMENT OF MINIMUM SETBACK REQUIREMENTS FOR COMMERCIAL ENERGY
STORAGE SYSTEMS, WITH A CAPACITY OF FIVE MEGAWATTS OR GREATER, OF NO
LESS THAN ONE THOUSAND FEET FROM RESIDENTIAL PROPERTY. The manner and
scope of such review and the standards to be applied thereto shall be
established by the commissioner in consultation with the Commissioner of
Buildings, consistent with FC104.2.1.
§ 3. Section 104.2 of the New York city fire code, as amended by local
law number 47 of the city of New York for the year 2022, is amended to
read as follows:
104.2 Applications and approvals. The department shall receive, review
and, if satisfactory, approve, applications for permits, certificates
and other approvals, and design and installation documents required to
be submitted to the department by this code or the construction codes,
issue permits, inspect buildings, structures, facilities, premises,
marine vessels, watercraft and motor vehicles for the purpose of enforc-
ing compliance with the requirements of this code, and otherwise admin-
ister, implement and enforce the provisions of this code. WHEN REVIEW-
ING APPLICATIONS FOR COMMERCIAL ENERGY STORAGE SYSTEMS, WITH A CAPACITY
OF FIVE MEGAWATTS OR GREATER, THE DEPARTMENT SHALL ENSURE THAT PRIOR TO
THE APPROVAL OF ANY APPLICATION FOR ANY APPLICABLE PERMIT, REQUEST FOR
TAX EXEMPTION, OR COMMENCEMENT OF ANY OTHER REGULATORY APPROVAL PROCESS,
AT LEAST ONE PUBLIC HEARING HAS BEEN HELD IN THE COMMUNITY DISTRICT IN
WHICH SUCH STORAGE IS PROPOSED TO BE SITED. THE DEPARTMENT SHALL ALSO
DEVELOP REQUIREMENTS FOR APPLICANTS TO PROVIDE EVIDENCE OF FINANCIAL
SURETY.
§ 4. Section 263 of the town law, as amended by chapter 459 of the
laws of 2021, is amended to read as follows:
§ 263. Purposes in view. 1. Such regulations shall be made in accord-
ance with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, flood, panic and other dangers; to
promote health and general welfare; to provide adequate light and air;
to prevent the overcrowding of land; to avoid undue concentration of
population; to make provision for, so far as conditions may permit, the
accommodation of solar thermal, photovoltaics, wind, hydroelectric,
geothermal electric, geothermal ground source heat, tidal energy, wave
energy, ocean thermal, farm waste electric generating equipment as
defined in paragraph (e) of subdivision one of section sixty-six-j of
A. 6955--A 3
the public service law, [and] fuel cells, AND BATTERY ENERGY STORAGE
SYSTEMS AS DEFINED IN SECTION SEVENTY-FOUR-C OF THE PUBLIC SERVICE LAW;
to facilitate the practice of forestry; to facilitate the adequate
provision of transportation, water, sewerage, schools, parks and other
public requirements. Such regulations shall be made with reasonable
consideration, among other things, as to the character of the district
and its peculiar suitability for particular uses, and with a view to
conserving the value of buildings and encouraging the most appropriate
use of land throughout such municipality.
2. REGULATIONS RELATED TO BATTERY ENERGY STORAGE SYSTEMS AS DEFINED IN
SECTION SEVENTY-FOUR-C OF THE PUBLIC SERVICE LAW MAY INCLUDE, BUT SHALL
NOT BE LIMITED TO, MINIMUM SETBACK REQUIREMENTS FROM RESIDENTIAL PROPER-
TY AND FINANCIAL SECURITY PURSUANT TO SECTION SEVENTY-FOUR-C OF THE
PUBLIC SERVICE LAW.
§ 5. Section 7-704 of the village law, as amended by chapter 459 of
the laws of 2021, is amended to read as follows:
§ 7-704 Purposes in view. 1. Such regulations shall be made in accord-
ance with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, floods and other dangers; to
promote health and the general welfare; to provide adequate light and
air; to prevent the overcrowding of land; to avoid undue concentration
of population; to make provision for, so far as conditions may permit,
the accommodation of solar thermal, photovoltaics, wind, hydroelectric,
geothermal electric, geothermal ground source heat, tidal energy, wave
energy, ocean thermal, farm waste electric generating equipment as
defined in paragraph (e) of subdivision one of section sixty-six-j of
the public service law [and], fuel cells, AND BATTERY ENERGY STORAGE
SYSTEMS AS DEFINED IN SECTION SEVENTY-FOUR-C OF THE PUBLIC SERVICE LAW;
to facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements. Such regulations shall be
made with reasonable consideration, among other things, as to the char-
acter of the district and its peculiar suitability for particular uses,
and with a view to conserving the value of buildings and encouraging the
most appropriate use of land throughout such municipality.
2. REGULATIONS RELATED TO BATTERY ENERGY STORAGE SYSTEMS AS DEFINED IN
SECTION SEVENTY-FOUR-C OF THE PUBLIC SERVICE LAW MAY INCLUDE, BUT NOT TO
BE LIMITED TO, MINIMUM SETBACK REQUIREMENTS FROM RESIDENTIAL PROPERTY
AND FINANCIAL SECURITY PURSUANT TO SECTION SEVENTY-FOUR-C OF THE PUBLIC
SERVICE LAW.
§ 6. Notwithstanding the amendments to section 263 of the town law
made by section four of this act and the amendments to section 7-704 of
the village law made by section five of this act, nothing in this act
shall be construed to require any town or village to amend applicable
local building code or zoning regulations.
§ 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall only apply to comprehensive plans
established or amended on or after such effective date.