New York S 7197: Relates to setback requirements relating to the siting of battery energy storage systems

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S07197 Summary:

BILL NOS07197B

&nbsp

SAME ASSAME AS A06955-C

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SPONSORADDABBO

&nbsp

COSPNSRCOMRIE, SCARCELLA-SPANTON, SERRANO, STAVISKY

&nbsp

MLTSPNSR

&nbsp

Add §74-c, Pub Serv L; amd §§104.1.2 & 104.2, NYC Ad Cd; amd §263, Town L; amd §7-704, Vil L

&nbsp

Directs the department of public service to promulgate rules, regulations and model policies regarding setback requirements for the siting of battery energy storage systems; requires minimum setback requirements for commercial energy storage systems, with a capacity of three megawatts or greater, of no less than seven hundred fifty feet from residential property and no less than three hundred feet from residential property located in a city with a population of one million or more inhabitants; requires public hearings prior to the approval of an application for a permit for such systems.

Go to top S07197 Actions:

BILL NOS07197B

&nbsp

04/03/2025REFERRED TO ENERGY AND TELECOMMUNICATIONS

01/07/2026REFERRED TO ENERGY AND TELECOMMUNICATIONS

01/20/2026AMEND (T) AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS

01/20/2026PRINT NUMBER 7197A

02/11/2026AMEND AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS

02/11/2026PRINT NUMBER 7197B

Go to topS07197 Committee&nbspVotes:

Go to topS07197 Floor&nbspVotes:

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

Go to topS07197 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7197--B

 2025-2026 Regular Sessions

 IN SENATE

 April 3, 2025
 ___________

 Introduced by Sens. ADDABBO, COMRIE, SCARCELLA-SPANTON, STAVISKY -- read
 twice and ordered printed, and when printed to be committed to the
 Committee on Energy and Telecommunications -- recommitted to the
 Committee on Energy and Telecommunications in accordance with Senate
 Rule 6, sec. 8 -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the public service law, the New York city fire code, the
 town law and the village law, in relation to setback requirements
 relating to the siting of battery energy storage systems

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The public service law is amended by adding a new section
 2 74-c to read as follows:
 3 § 74-c. Municipal assistance. 1. The department, in coordination with
 4 the office of renewable energy siting and electric transmission, the New
 5 York state energy research and development authority, and the department
 6 of state, shall prepare and make available to municipalities, informa-
 7 tion relating to the siting of battery energy storage systems with a
 8 capacity over three megawatts, including, but not limited to, model
 9 local laws, regulations, or ordinances related to, setback requirements
 10 which shall be at least seven hundred fifty feet from a dwelling, house,
 11 farm building, or school building that is actually occupied or used and
 12 for a city with a population of one million or more inhabitants such
 13 setback requirement shall be at least three hundred feet from a dwell-
 14 ing, house, farm building, or school building that is actually occupied
 15 or used. Such setback requirements may vary based on the capacity of the
 16 battery energy storage system and may set a further distance appropriate
 17 to ensure the safety of any occupants against fire or other potential
 18 reasonable dangers.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10952-07-6

 S. 7197--B 2

 1 2. For purposes of this section, "battery energy storage system" shall
 2 have the same meaning as "qualified energy storage system" as defined in
 3 subdivision one of section seventy-four of this article, except that it
 4 shall not include energy storage systems that use mechanical or thermal
 5 processes.
 6 § 2. Section 104.1.2 of the New York city fire code, as amended by
 7 local law number 47 of the city of New York for the year 2022, is
 8 amended to read as follows:
 9 104.1.2 Review of design and installation. The commissioner may
 10 authorize the Department of Bui