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Senate Bill S8923

2025-2026 Legislative Session

Prohibits certain battery energy storage systems within one thousand feet of a populated area, in a city with a population of one million or more

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Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

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2025-S8923 (ACTIVE) - Details

Current Committee:
Senate Energy And Telecommunications
Law Section:
Energy Law
Laws Affected:
Add Art 13 §§13-101 & 13-102, Energy L

2025-S8923 (ACTIVE) - Summary

Prohibits tier two battery energy storage systems within one thousand feet of a populated area, in a city with a population of one million or more.

2025-S8923 (ACTIVE) - Sponsor Memo

2025-S8923 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8923
 
                             I N  S E N A T E
 
                             January 16, 2026
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications
 
 AN  ACT  to  amend  the  energy  law, in relation to prohibiting certain
   battery energy storage systems within one thousand feet of a populated
   area, in a city with a population of one million or more

   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 13 to
 read as follows:
                                ARTICLE 13
                      BATTERY ENERGY STORAGE SYSTEMS
 SECTION 13-101. DEFINITIONS.
         13-102. BATTERY ENERGY STORAGE SYSTEMS; PROHIBITIONS.
   § 13-101. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   1. "BATTERY ENERGY STORAGE SYSTEM" SHALL MEAN  ONE  OR  MORE  DEVICES,
 ASSEMBLED  TOGETHER,  CAPABLE OF STORING ENERGY IN ORDER TO SUPPLY ELEC-
 TRICAL ENERGY AT A FUTURE TIME, NOT TO INCLUDE A STAND-ALONE TWELVE-VOLT
 CAR BATTERY OR AN ELECTRIC  MOTOR  VEHICLE.  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; (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.
   2. "POPULATED AREA" SHALL MEAN ANY RESIDENTIALLY ZONED AREA, SCHOOL OR
 HOSPITAL.
   §  13-102.  BATTERY  ENERGY STORAGE SYSTEMS; PROHIBITIONS. NO TIER TWO
 BATTERY ENERGY STORAGE SYSTEM SHALL BE CONSTRUCTED  OR  OPERATED  WITHIN
 ONE  THOUSAND  FEET  OF A POPULATED AREA, IN A CITY WITH A POPULATION OF
 ONE MILLION OR MORE.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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