S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8141
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 1, 2025
                                ___________
 
 Introduced  by  M.  of  A.  PIROZZOLO  --  read once and referred to the
   Committee on Energy
 
 AN ACT to amend the energy law, the public service law  and  the  public
   authorities  law, in relation to mandatory notice to elected officials
   of battery energy storage system siting proposals and mandatory  peri-
   odic updates throughout the entirety of the siting proposal process
 
   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  22  to
 read as follows:
                                ARTICLE 22
                   BATTERY ENERGY STORAGE SYSTEM NOTICE
 SECTION 22-101. DEFINITIONS.
         22-103. MANDATORY  NOTICE TO ELECTED OFFICIALS OF BATTERY ENERGY
                   STORAGE SYSTEM SITING PROPOSALS.
   § 22-101. DEFINITIONS. AS USED IN THIS ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "APPLICANT" MEANS A DEVELOPER OR OTHER ENTITY OR INDIVIDUAL PROPOS-
 ING A BATTERY ENERGY STORAGE SYSTEM.
   2.  "BATTERY  ENERGY STORAGE SITE" MEANS FOR PURPOSES OF THE SITING OF
 BATTERY ENERGY STORAGE SYSTEMS (BESSS), BOTH THOSE THAT  ARE  STANDALONE
 BESSS, THOSE THAT ARE TIED TO A MAJOR RENEWABLE ENERGY FACILITY OR MAJOR
 ELECTRIC  TRANSMISSION FACILITY AS DEFINED IN SECTION ONE HUNDRED FORTY-
 NINE OF THE PUBLIC SERVICE LAW, AS WELL AS STORAGE SITES AS WELL AS SUCH
 TERM IS DEFINED IN SECTION NINETEEN HUNDRED ONE OF THE  PUBLIC  AUTHORI-
 TIES  LAW,  SHALL  BE  DEFINED  AS  A  SITE HOUSING A BESS EQUIPPED WITH
 RECHARGEABLE BATTERIES THAT CAN STORE  ELECTRICITY  FROM  THE  GRID  OR,
 DIRECTLY  OR INDIRECTLY, FROM, FOR EXAMPLE, RENEWABLE SOURCES LIKE SOLAR
 AND WIND POWER, TO BE RELEASED LATER WHEN  NEEDED,  HELPING  TO  BALANCE
 ENERGY  SUPPLY AND DEMAND, AND WHEREBY BESS DENOTES ONE OR MORE DEVICES,
 ASSEMBLED TOGETHER, CAPABLE OF STORING ENERGY IN ORDER TO  SUPPLY  ELEC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11721-01-5
              

 A. 8141                             2
 
 TRICAL ENERGY AT A FUTURE TIME, NOT TO INCLUDE A STAND-ALONE TWELVE-VOLT
 CAR  BATTERY  OR AN ELECTRIC MOTOR VEHICLE, AND WHICH IS 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 GREATER THAN SIX HUNDRED KILOWATT HOURS OR ARE
 COMPRISED OF MORE THAN ONE STORAGE  BATTERY  TECHNOLOGY  IN  A  ROOM  OR
 ENCLOSED AREA. NEITHER "BATTERY ENERGY STORAGE SITE" NOR "BATTERY ENERGY
 STORAGE  SYSTEM"  SHALL  INCLUDE  THOSE  RESERVED  FOR USE IN INDUSTRIAL
 ZONES, NOR THOSE RESERVED FOR SMALL-SCALE RESIDENTIAL APPLICATIONS.
   3. "ELECTED STATE OFFICIAL" MEANS THE SENATOR REPRESENTING THE  SENATE
 DISTRICT IN WHICH THE FACILITY IS PROPOSED TO BE SITED AND THE ASSEMBLY-
 MEMBER  REPRESENTING  THE  ASSEMBLY  DISTRICT  IN  WHICH THE FACILITY IS
 PROPOSED TO BE SITED.
   4. "FILING" MEANS ALL FILINGS ASSOCIATED WITH THE PROPOSED SITING OF A
 BATTERY ENERGY STORAGE SYSTEM.
   5. "MUNICIPALITY" MEANS ANY VILLAGE, TOWN, CITY, OR COUNTY.
   § 22-103. MANDATORY NOTICE TO  ELECTED  OFFICIALS  OF  BATTERY  ENERGY
 STORAGE SYSTEM SITING PROPOSALS. 1. NOTWITHSTANDING ANY OTHER LAW, RULE,
 OR  REGULATION TO THE CONTRARY, ALL GOVERNMENTAL ENTITIES ENGAGED IN ANY
 STAGE OF THE BATTERY ENERGY STORAGE SYSTEM SITING PROPOSAL PROCESS SHALL
 FURNISH ELECTED STATE OFFICIALS WITH NOTICE OF FILINGS  ASSOCIATED  WITH
 PROPOSED BATTERY ENERGY STORAGE SITES AND SYSTEMS THROUGHOUT THE ENTIRE-
 TY  OF THE SITING PROPOSAL PROCESS. GOVERNMENTAL ENTITIES SHALL INCLUDE,
 BUT NOT BE LIMITED TO, MUNICIPALITIES AND THEIR TOWN COUNCILS  AND  TOWN
 BOARDS,  AS  WELL  AS ZONING BOARDS, SITING BOARDS, PLANNING BOARDS, AND
 ENTITIES OPERATING UNDER SIMILAR MISSIONS AND DUTIES; COMMUNITY  BOARDS;
 AND, WHERE RELEVANT, THE PUBLIC SERVICE COMMISSION AND ITS DEPARTMENT OF
 PUBLIC  SERVICE'S  OFFICE OF RENEWABLE ENERGY SITING, AS WELL AS THE NEW
 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
   2. ELECTED STATE OFFICIALS SHALL BE ENTITLED TO RECEIVE NOTICE BY  THE
 GOVERNMENTAL  ENTITY NO LATER THAN TEN BUSINESS DAYS AFTER THE APPLICANT
 MAKES EACH FILING WITH ANY OF THE GOVERNMENTAL  ENTITIES  REFERENCED  IN
 SUBDIVISION ONE OF THIS SECTION.
   3.  A  NOTICE FORM SHALL BE SENT VIA ONE PIECE OF PRIORITY MAIL OR ONE
 STANDARD BOX DISPATCHED TO THE ELECTED  OFFICIAL'S  DISTRICT  OFFICE  OR
 OFFICES  AND  AN E-MAIL COMMUNICATION, WITH THE RECIPIENT E-MAIL ADDRESS
 BEING THAT OF THE STATE  ELECTED  OFFICIAL'S  PUBLICLY-AVAILABLE  E-MAIL
 ADDRESS WITH THE STEM OF @NYSENATE.GOV OR @NYASSEMBLY.GOV.
   4. THE NOTICE FORM PURSUANT TO SUBDIVISION THREE OF THIS SECTION SHALL
 CONTAIN  A COPY OF ALL THE CONTENTS CONTAINED IN THE ORIGINAL FILING. AN
 EXCEPTION SHALL BE MADE FOR DISCLOSURES OF CONTENT THAT WOULD RESULT  IN
 THE  DISCLOSURE  OF  TRADE SECRETS, AND APPLICANTS SHALL BE PERMITTED TO
 REDACT SAID CONTENT, PROVIDED, HOWEVER, SUCH CONTENT  SHALL  NOT  REDACT
 THE COMPONENTS OF A LITHIUM-ION BATTERY, ALL BATTERY MODULES WHICH HOUSE
 BATTERY  CELLS,  THE  PRESENCE  OF  A BATTERY MANAGEMENT SYSTEM, AND THE
 PRESENCE OF VENTED DEFLAGRATION SYSTEMS, DUST EXPLOSION VENTING SYSTEMS,
 AND GAS EXPLOSION VENTING SYSTEMS IN THE FACILITY.
   5. ORES SHALL COMMUNICATE THE LINK TO ITS  MOST  UP-TO-DATE  STATEWIDE
 MAP LOCATED ON ITS WEBSITE, AS REFERENCED IN SUBDIVISION FIVE OF SECTION
 ONE HUNDRED THIRTY-EIGHT OF THE PUBLIC SERVICE LAW.
   6.  THE  PENALTY LEVIED FOR FAILING TO FURNISH NOTICE TO ELECTED STATE
 OFFICIALS SHALL BE BETWEEN ONE THOUSAND TO TEN THOUSAND DOLLARS EACH DAY
 A. 8141                             3

 PAST THE TEN-DAY PERIOD, AT THE DISCRETION OF THE DEPARTMENT  OF  PUBLIC
 SERVICE.
   §  2. The public service law is amended by adding a new section 149 to
 read as follows:
   § 149. BATTERY ENERGY STORAGE SITE AND SYSTEM MANDATORY NOTICE RELATED
 TO SITING MAJOR RENEWABLE ENERGY FACILITIES AND SITING  MAJOR  RENEWABLE
 ELECTRIC  TRANSMISSION  FACILITIES. 1. FOR THE PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "APPLICANT" SHALL HAVE THE SAME  MEANING  AS  DEFINED  IN  SECTION
 22-101 OF THE ENERGY LAW.
   (B)  "BATTERY  ENERGY  STORAGE  SITE"  SHALL  MEAN FOR PURPOSES OF THE
 SITING OF A MAJOR RENEWABLE ENERGY FACILITY, SHALL  NOT  INCLUDE  STAND-
 ALONE BATTERY ENERGY STORAGE SYSTEMS (BESSS), SHALL BE DEFINED AS A SITE
 HOUSING A BESS EQUIPPED WITH RECHARGEABLE BATTERIES THAT CAN STORE ELEC-
 TRICITY FROM THE GRID OR, DIRECTLY OR INDIRECTLY, FROM RENEWABLE SOURCES
 LIKE  SOLAR AND WIND POWER, TO BE RELEASED LATER WHEN NEEDED, HELPING TO
 BALANCE ENERGY SUPPLY AND DEMAND, WHERE "BATTERY ENERGY STORAGE  SYSTEM"
 DENOTES  ONE  OR  MORE  DEVICES,  ASSEMBLED 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 VEHI-
 CLE,  AND  WHICH  IS 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. NEITHER "BATTERY
 ENERGY STORAGE SITE" NOR "BATTERY ENERGY STORAGE SYSTEM"  SHALL  INCLUDE
 THOSE  RESERVED  FOR  USE  IN  INDUSTRIAL  ZONES, NOR THOSE RESERVED FOR
 SMALL-SCALE RESIDENTIAL APPLICATIONS.
   (C) "ELECTED STATE OFFICIAL" SHALL HAVE THE SAME MEANING AS DEFINED IN
 SECTION 22-101 OF THE ENERGY LAW.
   (D) "FILING" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION  22-101
 OF THE ENERGY LAW.
   2. NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY,
 ALL  GOVERNMENTAL  ENTITIES  ENGAGED  IN ANY STAGE OF THE BATTERY ENERGY
 STORAGE SYSTEM SITING PROPOSAL PROCESS SHALL FURNISH ELECTED STATE OFFI-
 CIALS WITH NOTICE OF FILINGS ASSOCIATED  WITH  PROPOSED  BATTERY  ENERGY
 STORAGE SITES AND SYSTEMS THROUGHOUT THE ENTIRETY OF THE SITING PROPOSAL
 PROCESS.  GOVERNMENTAL  ENTITIES  SHALL  INCLUDE, BUT NOT BE LIMITED TO,
 MUNICIPALITIES AND THEIR TOWN COUNCILS  AND  TOWN  BOARDS,  AS  WELL  AS
 ZONING  BOARDS,  SITING  BOARDS, PLANNING BOARDS, AND ENTITIES OPERATING
 UNDER SIMILAR MISSIONS AND DUTIES; COMMUNITY BOARDS;  AND,  WHERE  RELE-
 VANT,  THE  PUBLIC  SERVICE  COMMISSION  AND  ITS  DEPARTMENT  OF PUBLIC
 SERVICE'S OFFICE OF RENEWABLE ENERGY SITING.
   3. ELECTED STATE OFFICIALS SHALL BE ENTITLED TO RECEIVE NOTICE BY  THE
 GOVERNMENTAL  ENTITY NO LATER THAN TEN BUSINESS DAYS AFTER THE APPLICANT
 MAKES EACH FILING WITH ANY OF THE GOVERNMENTAL  ENTITIES  REFERENCED  IN
 SUBDIVISION ONE OF THIS SECTION.
   4.  A  NOTICE FORM SHALL BE SENT VIA ONE PIECE OF PRIORITY MAIL OR ONE
 STANDARD BOX DISPATCHED TO THE ELECTED  OFFICIAL'S  DISTRICT  OFFICE  OR
 OFFICES  AND  AN E-MAIL COMMUNICATION, WITH THE RECIPIENT E-MAIL ADDRESS
 BEING THAT OF THE STATE  ELECTED  OFFICIAL'S  PUBLICLY-AVAILABLE  E-MAIL
 ADDRESS WITH THE STEM OF @NYSENATE.GOV OR @NYASSEMBLY.GOV.
 A. 8141                             4
 
   5.  THE NOTICE FORM PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL
 CONTAIN A COPY OF ALL THE CONTENTS CONTAINED IN THE ORIGINAL FILING.  AN
 EXCEPTION  SHALL BE MADE FOR DISCLOSURES OF CONTENT THAT WOULD RESULT IN
 THE DISCLOSURE OF TRADE SECRETS, AND APPLICANTS SHALL  BE  PERMITTED  TO
 REDACT  SAID  CONTENT,  PROVIDED, HOWEVER, SUCH CONTENT SHALL NOT REDACT
 THE COMPONENTS OF A LITHIUM-ION BATTERY, ALL BATTERY MODULES WHICH HOUSE
 BATTERY CELLS, THE PRESENCE OF A  BATTERY  MANAGEMENT  SYSTEM,  AND  THE
 PRESENCE OF VENTED DEFLAGRATION SYSTEMS, DUST EXPLOSION VENTING SYSTEMS,
 AND GAS EXPLOSION VENTING SYSTEMS IN THE FACILITY.
   6.  ORES  SHALL  COMMUNICATE THE LINK TO ITS MOST UP-TO-DATE STATEWIDE
 MAP LOCATED ON ITS WEBSITE, AS REFERENCED IN SUBDIVISION FIVE OF SECTION
 ONE HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
   7. THE PENALTY LEVIED FOR FAILING TO FURNISH NOTICE TO  ELECTED  STATE
 OFFICIALS SHALL BE BETWEEN ONE THOUSAND TO TEN THOUSAND DOLLARS EACH DAY
 PAST THE TEN-DAY PERIOD, AT THE DISCRETION OF THE DEPARTMENT.
   § 3. Section 1901 of the public authorities law is amended by adding a
 new subdivision 10 to read as follows:
   10.  "BATTERY  ENERGY  STORAGE  SYSTEM" SHALL HAVE THE SAME MEANING AS
 SUCH TERM IS DEFINED IN SUBDIVISION EIGHT OF THIS SECTION WHEN  ACCOMPA-
 NYING  A  BUILD-READY  SITE  THAT IS CONSIDERED A MAJOR RENEWABLE ENERGY
 FACILITY, BUT ONLY REGARDING PAIRED QUALIFIED ENERGY STORAGE SYSTEMS AND
 BATTERY ENERGY STORAGE SYSTEMS AS SUCH  TERMS  ARE  DEFINED  IN  SECTION
 22-101  OF  THE  ENERGY  LAW  AND  SECTION ONE HUNDRED FORTY-NINE OF THE
 PUBLIC SERVICE LAW.
   § 4. Subdivision 3 of section 1902 of the public authorities  law,  as
 amended  by  section  5  of part M of chapter 58 of the laws of 2024, is
 amended to read as follows:
   3. Establish procedures and protocols for the purpose of establishment
 and transfer of build-ready sites which shall include, at a minimum: (a)
 written notice at the earliest practicable time  to  a  municipality  in
 which a potential build-ready site has been identified[, provided howev-
 er, that] AND, WHEN AN ACCOMPANYING BATTERY ENERGY STORAGE SYSTEM (BESS)
 IS  BEING  PROPOSED,  WRITTEN  NOTICE  BY  THE  MUNICIPALITY AND RELATED
 GOVERNMENTAL ENTITIES ENGAGED IN THE SITING PROPOSAL PROCESS,  INCLUDING
 the  authority  [shall  not  deem  any site for qualified energy storage
 systems suitable without first consulting any municipalities with juris-
 diction over the potential], TO ELECTED  STATE  OFFICIALS  REPRESENTING,
 RESPECTIVELY, THE SENATE AND ASSEMBLY DISTRICTS IN WHICH THE build-ready
 site  and  [obtaining  their  approval]  BESS  ARE PROPOSED TO BE SITED,
 SUBJECT TO PENALTIES BETWEEN  ONE  THOUSAND  DOLLARS  AND  TEN  THOUSAND
 DOLLARS  LEVIED  BY  THE  ATTORNEY  GENERAL  FOR NON-COMPLIANCE WITH THE
 LATTER DIRECTIVE; and (b) a preliminary screening process to  determine,
 in  consultation  with  the  department  of  environmental conservation,
 whether the potential build-ready site is located in or near an environ-
 mental justice area and whether an environmental justice area  would  be
 adversely affected by development of a build-ready site;
   §  5.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
 A. 8141                             5
 
   § 6. This act shall take effect immediately and shall apply to pending
 siting permit applications; provided, however, that  the  amendments  to
 section  149  of the public service law made by section two and sections
 1901 and 1902 of the public authorities law made by sections  three  and
 four  of this act shall not affect the repeal of such sections and shall
 be deemed repealed therewith.