Assembly Bill A6996

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6996
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 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;  and  providing
   for the repeal of such provisions upon the expiration thereof
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10200-01-5
              

 A. 6996                             2
 
 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 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; provided,  howev-
 er, that this act shall expire and be deemed repealed December 31, 2034.