New York S 8645: 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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S08645 Summary:

BILL NOS08645 

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SAME ASNo Same As

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SPONSORMAY

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COSPNSR

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MLTSPNSR

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Amd §137, add §149, Pub Serv L

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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.

Go to top S08645 Actions:

BILL NOS08645 

&nbsp

01/07/2026REFERRED TO ENERGY AND TELECOMMUNICATIONS

Go to topS08645 Committee&nbspVotes:

Go to topS08645 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08645 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8645

 IN SENATE

 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:

 1 Section 1. Section 137 of the public service law is amended by adding
 2 three new subdivisions 14, 15 and 16 to read as follows:
 3 14. "Data center" means a facility primarily used for the storage,
 4 processing, or transmission of digital information, with an anticipated
 5 information technology (IT) load of at least one megawatt.
 6 15. "Information technology load" or "IT load" means the electrical
 7 load of computing, data storage, and networking equipment within a data
 8 center, measured at the point of power delivery to such equipment.
 9 16. "Battery energy storage system" means one or more devices, assem-
 10 bled together, capable of storing energy in order to supply electrical
 11 energy to power the operation of a data center at a future time.
 12 § 2. The public service law is amended by adding a new section 149 to
 13 read as follows:
 14 § 149. Provisions related to data centers. 1. Battery energy storage
 15 system siting. (a) Notwithstanding any provision of law to the contrary,
 16 ORES shall be authorized to issue permits for the siting of battery
 17 energy storage systems for use by data centers in the same manner as
 18 provided for issuance of major renewable energy facility siting permits
 19 under this article.
 20 (b) The provisions of paragraph (a) of this subdivision shall apply to
 21 siting of battery energy storage systems for use by data centers,
 22 regardless of:
 23 (i) the expected storage or transmission capacity of such battery
 24 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

 1 (ii) whether or not such battery energy storage system will be co-lo-
 2 cated with renewable energy systems, as defined by section sixty-six-p
 3 of this chapter.
 4 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
 5 (b) of this subdivision, ORES shall not approve a permit for the siting
 6 of a battery energy storage system for any data center that does not
 7 include use of renewable energy systems, as defined by section sixty-
 8 six-p of this chapter, or other source of renewable or zero carbon emis-
 9 sion energy approved by the commission pursuant to paragraph (a) of
 10 subdivision two of this section in its carbon reduction plan submitted
 11 pursuant to subdivision two of this section.
 12 2. Carbon reduction plans. (a) Each data center shall develop a carbon
 13 reduction plan consistent with CLCPA targets. Such carbon reduction
 14 plans may include the use of renewable energy systems, as defined by
 15 section sixty-six-p of this chapter, and/or any other source of renewa-
 16 ble or zero carbon emission energy as approved by the commission.
 17 (b) The commission shall establish guidance for data centers for the
 18 development and submission of carbon reduction plans pursuant to para-
 19 graph (a) of this subdivision.