BILL NUMBER: S7710

SPONSOR: CHAN
 
TITLE OF BILL:

An act to amend the energy law, in relation to prohibiting the
construction and maintenance of certain energy storage systems within
five hundred feet of a school or dwelling in a city with a population of
one million or more

 
PURPOSE:

To protect public safety and health by prohibiting the installation and
maintenance of high-capacity battery energy storage systems near schools
and multiple dwellings in densely populated areas.

 
SUMMARY OF PROVISIONS:

  Section  1 amends subdivision 8 of section 11-104 of the Energy Law by
adding a definition of "school property" to include any land, structure,
or  facility  related  to  daycare  centers,  elementary  and  secondary
schools, and colleges or universities.
              

  Section 2 adds a new subdivision 10 to section 11-104, prohibiting the
construction  or  maintenance  of  any  energy storage system capable of
storing more than 20 kilowatt-hours within 500 feet of  a  school  or  a
multiple dwelling in any city with a population exceeding one million.

  Section 3 sets the effective date of the act as the one hundred eight-
ieth day after becoming law.

 
JUSTIFICATION:

Battery  energy  storage  systems (BESS), particularly lithium-ion based
installations, are increasingly being deployed in urban environments  to
support  renewable  energy  initiatives  and reduce strain on electrical
grids. However, they pose serious safety risks due  to  their  potential
for  thermal  runaway,  a chain reaction that can result in overheating,
fire, and even explosion.

This risk is heightened in densely populated cities like New York, where
a malfunction in even a single high-capacity unit can impact hundreds of
lives within a small radius. In recent  incidents,  thermal  runaway  in
energy  storage  facilities  has  led  to large-scale evacuations, toxic
smoke plumes, and substantial property damage.

Key public safety concerns include:

- Fire and Explosion Risk: Once initiated, thermal runaway is  self-sus-
taining  and  extremely  difficult  to suppress using conventional fire-
fighting techniques.

- Toxic  Gas  Emissions:  Burning  batteries  release  hazardous  gases,
including  hydrogen  fluoride  and  carbon  monoxide,  endangering first
responders and nearby residents.

- Proximity to Vulnerable Populations: Schools  and  multi-unit  housing
developments  often  house children, seniors, and individuals with disa-
bilities-populations that are most at risk during emergency events.
- Insufficient Safety Regulations and Emergency Protocols:   While  BESS
technologies  are  rapidly advancing, urban emergency infrastructure and
building codes have not kept pace with their unique hazards.

This  legislation  proactively  safeguards  New Yorkers by ensuring that
large-scale BESS units are sited with appropriate buffers  from  densely
inhabited and high-risk locations.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None  to  the  state.  The bill imposes siting restrictions but does not
require funding or administrative expansion

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after being signed  into
law.