S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8328
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
   tee on Local Governments
 
 AN  ACT  to  amend the general municipal law, in relation to prohibiting
   the siting of battery energy storage system sites on Long Island
 
   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, houses of worship,  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 on Long Island, 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 ON LONG ISLAND.  1.
 FOR THE PURPOSES OF THIS SECTION,  A  "BATTERY  ENERGY  STORAGE  SYSTEM"
 SHALL  MEAN  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.  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; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11864-01-5
              

 A. 8328                             2
 
   (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 LIMIT-
 ED TO, THOSE DEPLOYING LITHIUM-ION BATTERIES,  ARE  PROHIBITED  ON  LONG
 ISLAND, IN THE COUNTIES OF SUFFOLK AND NASSAU. NO PERMIT SHALL BE ISSUED
 FOR  THE  APPROVAL OR CONSTRUCTION THEREOF, INCLUDING THOSE RESERVED FOR
 UTILITY OR COMMERCIAL 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.