Senate Bill S8645

2025-2026 Legislative Session

Authorizes ORES to issue siting permits for battery energy storage systems for use by data centers, and requires data centers to submit carbon reduction plans

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Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 07, 2026	referred to energy and telecommunications

2025-S8645 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §137, add §149, Pub Serv L

2025-S8645 (ACTIVE) - Summary

Authorizes ORES to issue siting permits for battery energy storage systems for use by data centers, regardless of the expected storage or transmission capacity of such battery energy storage systems, and whether or not such battery energy storage systems will be co-located with renewable energy systems; requires data centers to submit carbon reduction plans.

2025-S8645 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8645

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public service law, in relation to authorizing ORES
to issue siting permits for battery energy storage systems for use by
data centers, and requiring data centers to submit carbon reduction
plans

 
PURPOSE:

The purpose of this bill is to reduce data centers' energy load demand
on the state's electric grid by enabling their use of battery storage
systems when co-located with renewable or zero emission energy systems,
as detailed in a required carbon reduction plan.

 
SUMMARY OF PROVISIONS:

Section 137 of the public service law is amended by adding new subdivi-
sions 14,15, and 16 to define data center, information technology load,
and battery energy storage system.

The bill requires all data centers to develop carbon reduction plans
(CRPs) consistent with the CLCPA clean energy targets and provides that
such plans may include the use of renewable or zero emission energy
systems, as approved by the commission. The commission would provide
guidance for data centers on the development and submission of the CRP.
Those data centers in existence upon the effective date of this act
would have one year to submit their CRP.

A new section 149 is added to the public service law to grant the Office
of Renewable Energy Siting (ORES) authority to issue permits for siting
of battery energy storage systems for use by data centers in the same
manner as provided for issuance of major renewable energy facility
siting permits under this article; however, such battery storage system
permits would only be approved for data centers whose CRP includes the
use of renewable or zero emission energy sources approved by the commis-
sion.

 
JUSTIFICATION:

Data centers are proliferating across the state and demand increasing
amounts of electricity from the grid. New York State can safeguard its
electricity supply by incentivizing data centers' use of renewable and
zero emission energy systems, along with battery storage. Requiring data
centers to develop carbon reduction plans with the state's climate law
goals in mind will further the centers' usage of renewable energy and
act as an incentivizing condition for the battery.

storage siting permit by ORES. This bill helps New York establish its
own version of the "Bring Your Own Generation" model to the future
development of data centers in the state and will serve as a useful
mechanism for energy deployment across this and other energy intensive
industries.

 
LEGISLATIVE HISTORY:

New bill
 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
Immediately, provided that amendments to article 8 of the public service
law made by sections one and two of this act shall not affect the repeal
of such article.

2025-S8645 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8645
 
                             I N  S E N A T E
 
                              January 7, 2026
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the public service law, in relation to authorizing ORES
   to issue siting permits for battery energy storage systems for use  by
   data  centers,  and  requiring data centers to submit carbon reduction
   plans

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 137 of the public service law is amended by adding
 three new subdivisions 14, 15 and 16 to read as follows:
   14. "DATA CENTER" MEANS A FACILITY PRIMARILY  USED  FOR  THE  STORAGE,
 PROCESSING,  OR TRANSMISSION OF DIGITAL INFORMATION, WITH AN ANTICIPATED
 INFORMATION TECHNOLOGY (IT) LOAD OF AT LEAST ONE MEGAWATT.
   15. "INFORMATION TECHNOLOGY LOAD" OR "IT LOAD"  MEANS  THE  ELECTRICAL
 LOAD  OF COMPUTING, DATA STORAGE, AND NETWORKING EQUIPMENT WITHIN A DATA
 CENTER, MEASURED AT THE POINT OF POWER DELIVERY TO SUCH EQUIPMENT.
   16. "BATTERY ENERGY STORAGE SYSTEM" MEANS ONE OR MORE DEVICES,  ASSEM-
 BLED  TOGETHER,  CAPABLE OF STORING ENERGY IN ORDER TO SUPPLY ELECTRICAL
 ENERGY TO POWER THE OPERATION OF A DATA CENTER AT A FUTURE TIME.
   § 2. The public service law is amended by adding a new section 149  to
 read as follows:
   §  149.  PROVISIONS RELATED TO DATA CENTERS. 1. BATTERY ENERGY STORAGE
 SYSTEM SITING. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
 ORES SHALL BE AUTHORIZED TO ISSUE PERMITS  FOR  THE  SITING  OF  BATTERY
 ENERGY  STORAGE  SYSTEMS  FOR  USE BY DATA CENTERS IN THE SAME MANNER AS
 PROVIDED FOR ISSUANCE OF MAJOR RENEWABLE ENERGY FACILITY SITING  PERMITS
 UNDER THIS ARTICLE.
   (B) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL APPLY TO
 SITING  OF  BATTERY  ENERGY  STORAGE  SYSTEMS  FOR  USE BY DATA CENTERS,
 REGARDLESS OF:
   (I) THE EXPECTED STORAGE OR  TRANSMISSION  CAPACITY  OF  SUCH  BATTERY
 ENERGY STORAGE SYSTEMS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14270-02-5

 S. 8645                             2
 
   (II)  WHETHER OR NOT SUCH BATTERY ENERGY STORAGE SYSTEM WILL BE CO-LO-
 CATED WITH RENEWABLE ENERGY SYSTEMS, AS DEFINED BY  SECTION  SIXTY-SIX-P
 OF THIS CHAPTER.
   (C)  NOTWITHSTANDING  THE PROVISIONS OF SUBPARAGRAPH (II) OF PARAGRAPH
 (B) OF THIS SUBDIVISION, ORES SHALL NOT APPROVE A PERMIT FOR THE  SITING
 OF  A  BATTERY  ENERGY  STORAGE SYSTEM FOR ANY DATA CENTER THAT DOES NOT
 INCLUDE USE OF RENEWABLE ENERGY SYSTEMS, AS DEFINED  BY  SECTION  SIXTY-
 SIX-P OF THIS CHAPTER, OR OTHER SOURCE OF RENEWABLE OR ZERO CARBON EMIS-
 SION  ENERGY  APPROVED  BY  THE  COMMISSION PURSUANT TO PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION IN ITS CARBON REDUCTION  PLAN  SUBMITTED
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   2. CARBON REDUCTION PLANS. (A) EACH DATA CENTER SHALL DEVELOP A CARBON
 REDUCTION  PLAN  CONSISTENT  WITH  CLCPA  TARGETS. SUCH CARBON REDUCTION
 PLANS MAY INCLUDE THE USE OF RENEWABLE ENERGY  SYSTEMS,  AS  DEFINED  BY
 SECTION  SIXTY-SIX-P OF THIS CHAPTER, AND/OR ANY OTHER SOURCE OF RENEWA-
 BLE OR ZERO CARBON EMISSION ENERGY AS APPROVED BY THE COMMISSION.
   (B) THE COMMISSION SHALL ESTABLISH GUIDANCE FOR DATA CENTERS  FOR  THE
 DEVELOPMENT  AND  SUBMISSION OF CARBON REDUCTION PLANS PURSUANT TO PARA-
 GRAPH (A) OF THIS SUBDIVISION.
   (C) (I) EACH DATA CENTER ALREADY EXISTING UPON THE EFFECTIVE  DATE  OF
 THIS  SECTION  SHALL  SUBMIT  ITS CARBON REDUCTION PLAN PURSUANT TO THIS
 SUBDIVISION NO LATER THAN ONE YEAR AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION.
   (II)  EACH  DATA  CENTER CONSTRUCTED ON OR AFTER THE EFFECTIVE DATE OF
 THIS SECTION SHALL SUBMIT ITS CARBON REDUCTION  PLAN  PURSUANT  TO  THIS
 SUBDIVISION BEFORE BEGINNING OPERATION OF SUCH DATA CENTER.
   3.  RULES  AND  REGULATIONS.  THE  DEPARTMENT  SHALL  BE AUTHORIZED TO
 PROMULGATE ANY RULES AND/OR  REGULATIONS  NECESSARY  TO  EFFECTUATE  THE
 PROVISIONS OF THIS SECTION.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to article 8 of the public service law made  by  sections
 one  and two of this act shall not affect the repeal of such article and
 shall be deemed to be repealed therewith.

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Senate Bill S8645

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S8645 (ACTIVE) - Details

2025-S8645 (ACTIVE) - Summary

2025-S8645 (ACTIVE) - Sponsor Memo

2025-S8645 (ACTIVE) - Bill Text download pdf

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Sponsored By

Rachel May

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S8645 (ACTIVE) - Details

2025-S8645 (ACTIVE) - Summary

2025-S8645 (ACTIVE) - Sponsor Memo

2025-S8645 (ACTIVE) - Bill Text download pdf

Comments