Local say on energy storage may be at risk due to state bill

By MARTIN WILBUR

State legislation approved last year and a bill submitted from a New York City senator in this year’s session could drastically reduce local municipalities’ oversight for proposed energy transmission facilities and energy storage systems.

The Public Service Commission is in the midst of public hearings related to the Renewable Action Through Project Interconnection and Deployment Act, which was enacted last April by the legislature. Its purpose is to expand the state Office of Renewable Energy Siting’s jurisdiction and streamline the permitting process for new facilities that would transmit electricity and other types of energy.

Under the state Environmental Quality Review Act, an Environmental Impact Statement is required, which is the reason for the hearings. 

In February, state Sen. Brian Kavanagh, D-Manhattan, introduced legislation that would also allow the Office of Renewable Energy Siting to oversee applications for qualified energy storage systems.

Both initiatives are designed to accelerate the development of new facilities and to increase the state’s energy capacity. The Kavanagh bill is specifically intended to help New York have 6 gigawatts of energy storage by 2030 to achieve New York’s renewable energy goals. A gigawatt is equivalent to 1 billion watts of power.

“Currently, the process for energy storage permitting varies across local jurisdictions,” the Kavanagh bill (S.5506) stated. “This inconsistency discourages storage deployment, ultimately slowing our State’s clean energy progress. NYSERDA published a ‘Battery Energy Storage System Model Permit’ to help local governments establish standard permitting requirements, but this is not being enforced consistently.”

The bill also states that municipalities often lack the expertise and the resources to appropriately handle energy storage applications, which the state would be able to do.

Furthermore, more than 100 municipalities across the state have approved moratoriums to put a temporary halt on approvals of Battery Energy Systems while zoning and safety concerns are addressed, the legislation stated. Safety concerns mainly center on fires in the systems that cannot be extinguished by fire departments with water, which would feed the flames. Instead, firefighters typically let the fires burn themselves out.

Calls to Kavanagh’s office to discuss the legislation were rebuffed with the legislature trying to complete its work on the Fiscal Year 2026 budget.

Tom Staudter, communications director for state Sen. Peter Harckham, D-Lewisboro, said lawmakers are currently preoccupied with unfinished work on the budget.

“Once the budget’s resolved and enacted, we’re looking forward to looking at all of these legislative initiatives and seeing how they will or won’t benefit the residents of the state,” Staudter said.

However, officials in at least one local community recently voiced concern about both the RAPID Act and Kavanagh’s bill. Mount Kisco Mayor Michael Cindrich called it “an attempt to usurp the power of local zoning and planning boards.”

Deputy Mayor Theresa Flora characterized the attempts as another effort by the state to override local zoning and home rule.

“The RAPID Act aims to fast-track renewable energy projects by streamlining approvals and overriding local opposition,” Flora said. “That means we don’t get a choice and we don’t get a say what we do here, basically.” 

The public can file written comments on the RAPID Act until April 18 by visiting the PSC’s Document and Matter Management system at www.dps.ny.gov, click on “File Search” (located under the heading “Commission Files”), enter “24-M-0433” in the “Search by Case Number” field and click on “Post Comments” in the upper right-hand corner of the screen. Copies of all application materials and draft permit conditions are available for inspection at the ores.hearings@dps.ny.gov.

New County BESS Notification Law

County Executive Ken Jenkins signed a new law on Wednesday, April 10, that requires new public notification requirements for municipalities for existing and future battery energy storage systems (BESS) in Westchester.

The law applies to all permitted, installed or modified non-residential systems within the county. It also covers modifications, retrofits or replacements to existing systems that increase their designed discharge duration or power rating.

Municipalities must notify the county Department of Emergency Services commissioner within 30 days of learning about any existing Battery Energy Storage Systems and provide written notice within 30 days of approving plans for new installations or modifications to existing systems, including the issuance of building, electrical or special use permits.

By providing the county with vital information concerning each BESS, including location and unique characteristics, Jenkins said tragedies will be prevented because first responders will have knowledge of the facilities before a fire or other emergency takes place.

“Let me be clear: This legislation does not usurp the responsibility at the local level,” Jenkins said at the signing ceremony at the Department of Emergency Services Center in Valhalla. “What this legislation does do, is ensure that we are all on the same page. It ensures that we actually have an awareness when a battery energy storage facility is proposed, modified, expanded in Westchester.”

Municipalities and numerous local emergency responders have sounded alarms about the danger the facilities pose to communities. There have been reports of fires that have burned for days in numerous locations.

Board of Legislators Chair Vedat Gashi, D-Yorktown, said the legislation, which passed the Board of Legislators unanimously, is a smart approach.

“This is an acceptance of the fact that this technology poses a unique threat,” Gashi said. “It’s a different, increased danger for the communities and for the first responders, the people that are going to have to go out there and respond to it.”