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S T A T E O F N E W Y O R K
________________________________________________________________________
8328
2025-2026 Regular Sessions
I N A S S E M B L Y
May 13, 2025
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to prohibiting
the siting of battery energy storage system sites on Long Island
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. It is the intent of this legislature to
2 protect New York state from the adverse effects of the siting of battery
3 energy storage systems and related facilities and infrastructure in most
4 instances, including but not limited to air pollution and the risk of
5 explosions. The cumulative impact of spewing toxic fumes into the air
6 and the potential for explosions in such close proximity to homes,
7 schools, houses of worship, playgrounds, and small businesses would
8 prompt extremely negative effects on the public health and safety of the
9 local community.
10 The legislature hereby determines that the public interest requires a
11 prohibition on the siting of battery energy storage systems and related
12 facilities and infrastructure on Long Island, in most instances.
13 § 2. The general municipal law is amended by adding a new section 137
14 to read as follows:
15 § 137. BATTERY ENERGY STORAGE SYSTEMS; PROHIBITION ON LONG ISLAND. 1.
16 FOR THE PURPOSES OF THIS SECTION, A "BATTERY ENERGY STORAGE SYSTEM"
17 SHALL MEAN ONE OR MORE DEVICES, ASSEMBLED TOGETHER, CAPABLE OF STORING
18 ENERGY IN ORDER TO SUPPLY ELECTRICAL ENERGY AT A FUTURE TIME, NOT TO
19 INCLUDE A STAND-ALONE TWELVE-VOLT CAR BATTERY OR AN ELECTRIC MOTOR VEHI-
20 CLE. A BATTERY ENERGY STORAGE SYSTEM SHALL BE CLASSIFIED AS A TIER ONE
21 OR TIER TWO BATTERY ENERGY STORAGE SYSTEM AS FOLLOWS:
22 (A) TIER ONE BATTERY ENERGY STORAGE SYSTEMS SHALL POSSESS AN AGGREGATE
23 ENERGY CAPACITY LESS THAN OR EQUAL TO SIX HUNDRED KILOWATT-HOURS AND, IF
24 IN A ROOM OR ENCLOSED AREA, CONSIST OF ONLY A SINGLE ENERGY STORAGE
25 SYSTEM TECHNOLOGY; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11864-01-5
A. 8328 2
1 (B) TIER TWO BATTERY ENERGY STORAGE SYSTEMS SHALL POSSESS AN AGGREGATE
2 ENERGY CAPACITY GREATER THAN SIX HUNDRED KILOWATT-HOURS OR ARE COMPRISED
3 OF MORE THAN ONE STORAGE BATTERY TECHNOLOGY IN A ROOM OR ENCLOSED AREA.
4 2. NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY,
5 THE FUTURE SITING AND CONSTRUCTION OF BATTERY ENERGY STORAGE SYSTEMS AND
6 RELATED FACILITIES, SYSTEMS, INFRASTRUCTURE, AND SUBSTATIONS OF ANY
7 SCALE AND POSSESSING ANY STORAGE CAPACITY, AND INCLUDING, BUT NOT LIMIT-
8 ED TO, THOSE DEPLOYING LITHIUM-ION BATTERIES, ARE PROHIBITED ON LONG
9 ISLAND, IN THE COUNTIES OF SUFFOLK AND NASSAU. NO PERMIT SHALL BE ISSUED
10 FOR THE APPROVAL OR CONSTRUCTION THEREOF, INCLUDING THOSE RESERVED FOR
11 UTILITY OR COMMERCIAL USE, WITH THE EXCEPTION OF THOSE SITED FOR USE IN
12 INDUSTRIAL ZONES, ALONG WITH THOSE RESERVED FOR SMALL-SCALE RESIDENTIAL
13 APPLICATIONS.
14 § 3. This act shall take effect immediately and shall apply to siting
15 permit applications pending as of such effective date.