Bill > A06955

This bill directs the department of public service to develop and distribute guidance to municipalities about battery energy storage systems (BESS) with a capacity over five megawatts, focusing on three key areas: setback requirements, financial surety, and zoning regulations. Specifically, the bill mandates that battery storage systems must be located at least 1,000 feet from occupied residential buildings, dwellings, farm buildings, or schools, with potential for varying distances based on system capacity and safety considerations. The bill requires municipalities to establish financial surety requirements, which may include insurance, bonds, or other financial guarantees, and limits battery storage systems to properties designated for industrial use. Additionally, for commercial energy storage systems of five megawatts or greater, the bill requires that at least one public hearing be held in the community district where the system is proposed before any permits or regulatory approvals are granted. The legislation defines battery energy storage systems, excludes mechanical or thermal storage processes, and applies to town and village regulations, though it does not mandate that towns or villages must modify their existing building codes or zoning regulations. The act will take effect 180 days after becoming law and will only apply to comprehensive plans established or amended after that date.

Agriculture and Natural Resources

https://www.nysenate.gov/legislation/bills/2025/A6955