S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8378
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  LEVENBERG  --  read once and referred to the
   Committee on Energy
 
 AN ACT to amend the public service law and the labor law, in relation to
   qualified energy storage systems
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 1-a of section 66-r of the public service law,
 as amended by section 32 of part O of chapter 58 of the laws of 2024, is
 amended to read as follows:
   1-a. For the purposes of this  section,  an  "other  covered  project"
 means:  (a) any "thermal energy network" as defined by subdivision twen-
 ty-nine of section two of this chapter; (b)  any  offshore  wind  supply
 chain project, including but not limited to port infrastructure, primary
 component  manufacturing,  finished component manufacturing, subassembly
 manufacturing, subcomponent manufacturing, or raw material producers, or
 a combination thereof receiving direct funding from the New  York  state
 energy  research  and development authority pursuant to an award under a
 New York state energy research and development  authority  solicitation;
 [or] (c) a "major utility transmission facility" as such term is defined
 by  section one hundred twenty of this chapter or "major electric trans-
 mission facility" as defined by article VIII of this chapter; OR (D) ANY
 QUALIFIED ENERGY STORAGE SYSTEM, AS SUCH TERM IS DEFINED IN  SUBDIVISION
 ONE  OF  SECTION SEVENTY-FOUR OF THIS ARTICLE, WITH A NAMEPLATE CAPACITY
 OF TWENTY-FIVE THOUSAND KILOWATTS OR  MORE  AND  INTERCONNECTED  TO  THE
 STATE'S ELECTRICITY GRID.
   §  2. Subdivision 4 of section 137 of the public service law, as added
 by section 11 of part O of chapter 58 of the laws of 2024, is amended to
 read as follows:
   4. "Major  renewable  energy  facility"  means  any  renewable  energy
 system,  as such term is defined in section sixty-six-p of this chapter,
 with a nameplate generating capacity of twenty-five  thousand  kilowatts
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09637-01-5
              

 A. 8378                             2
 
 or  more, [and] any co-located system storing energy generated from such
 a renewable energy system prior to delivering  it  to  the  bulk  trans-
 mission  system, OR ANY QUALIFIED ENERGY STORAGE SYSTEM, AS SUCH TERM IS
 DEFINED IN SUBDIVISION ONE OF SECTION SEVENTY-FOUR OF THIS CHAPTER, WITH
 A  NAMEPLATE  CAPACITY  OF  TWENTY-FIVE  THOUSAND  KILOWATTS OR MORE AND
 INTERCONNECTED TO THE STATE'S ELECTRICITY GRID, including all associated
 appurtenances to electric plants, including electric transmission facil-
 ities less than ten miles in length in order to provide access  to  load
 and  to  integrate such facilities into the state's bulk electric trans-
 mission system.
   § 3. Subdivision 5 of section 140 of the public service law, as  added
 by  section  11  of part O of chapter 58 of the laws of 2024, is amended
 and a new subdivision six is added to read as follows:
   5. This section shall not apply:
   (a) to normal repairs, maintenance, replacements, non-material modifi-
 cations and improvements of a major renewable energy facility subject to
 this article, whenever built, which are performed in the ordinary course
 of business and which do not constitute a violation  of  any  applicable
 existing permit; [and]
   (b)  to a major renewable energy facility if, on or before [the effec-
 tive date of this article] DECEMBER 31, 2025, an  application  has  been
 made  or granted for a license, permit, certificate, consent or approval
 from any federal, state or local commission, agency, board or regulatory
 body[.]; AND
   (C) TO AN ENERGY STORAGE SYSTEM CONSTRUCTED IN A  CITY  WITH  A  POPU-
 LATION OF ONE MILLION OR MORE.
   6. AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, ANY PERSON INTENDING TO
 CONSTRUCT  A  MAJOR RENEWABLE ENERGY FACILITY EXCLUDED FROM THIS SECTION
 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION MAY  ELECT
 TO  BECOME SUBJECT TO THE PROVISIONS OF THIS SECTION BY FILING AN APPLI-
 CATION FOR A MAJOR RENEWABLE ENERGY FACILITY SITING PERMIT  PURSUANT  TO
 THE REGULATIONS OF ORES GOVERNING SUCH APPLICATIONS.
   §  4.  Paragraph  (a)  of  subdivision  1 of section 145 of the public
 service law, as added by section 11 of part O of chapter 58 of the  laws
 of 2024, is amended to read as follows:
   (a)  for  a  major renewable energy facility, one thousand dollars for
 each thousand kilowatts of capacity  of  the  proposed  major  renewable
 energy  facility, WITH A MINIMUM FEE OF TWENTY-FIVE THOUSAND DOLLARS AND
 A MAXIMUM FEE OF ONE HUNDRED THOUSAND DOLLARS FOR  ANY  PROPOSED  ENERGY
 STORAGE FACILITY;
   §  5.  Subdivision  1 of section 224-d of the labor law, as amended by
 section 31 of part O of chapter 58 of the laws of 2024,  is  amended  to
 read as follows:
   1.  For  purposes of this section, a "covered renewable energy system"
 means (a) a renewable energy system, as such term is defined in  section
 sixty-six-p  of  the  public service law, with a capacity of one or more
 megawatts alternating current and  which  involves  the  procurement  of
 renewable energy credits by a public entity, or a company or corporation
 provided  in subdivisions twenty-three and twenty-four of section two of
 the public service law, or a third party acting on behalf  and  for  the
 benefit  of a public entity; (b) any "thermal energy network" as defined
 by subdivision twenty-nine of section two of the public service law; (c)
 any offshore wind supply chain project, including  but  not  limited  to
 port infrastructure, primary component manufacturing, finished component
 manufacturing, subassembly manufacturing, subcomponent manufacturing, or
 raw  material producers, or a combination thereof receiving direct fund-
 A. 8378                             3
 
 ing from the New York state energy research  and  development  authority
 pursuant to an award under a New York state energy research and develop-
 ment  authority  solicitation;  [or]  (d)  a "major utility transmission
 facility"  as  such term is defined by section one hundred twenty of the
 public service law; OR (E) ANY QUALIFIED ENERGY STORAGE SYSTEM, AS  SUCH
 TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SEVENTY-FOUR OF THE PUBLIC
 SERVICE LAW, WITH A NAMEPLATE CAPACITY OF TWENTY-FIVE THOUSAND KILOWATTS
 OR MORE AND INTERCONNECTED TO THE STATE'S ELECTRICITY GRID.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that the  amendments  to  sections
 137,  140, and 145 of the public service law made by sections two, three
 and four of this act shall not affect the repeal of  such  sections  and
 shall  be  deemed  to  be repealed therewith. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.