Proposed State Law Could Override Local Battery Storage Regulations
By Ashleigh Morris
A new bill in the New York State Senate, S5506, could significantly impact local control over large-scale battery energy storage projects, potentially overriding town moratoriums and zoning regulations in Washington and Rensselaer counties.
If passed, the legislation would shift permitting authority for battery storage facilities of 25 megawatts (MW) or more to the state-run Office of Renewable Energy Siting (ORES). This would mean that developers of large-scale battery projects could bypass local planning boards and receive approval directly from the state. Local zoning laws and regulations would still be considered, but ORES would have the power to waive local restrictions if they are deemed to interfere with New York’s clean energy goals.
How This Impacts Local Governments
Towns across Washington and Rensselaer counties have been working to regulate battery energy storage systems, with some enacting temporary moratoriums to allow time for careful review. In Washington County, town officials have been discussing a countywide approach to regulating battery storage while acknowledging that individual towns must adopt their own policies. The Town of Whitehall, for example, enacted a six-month moratorium earlier this year to study the potential impacts of battery storage projects and update local zoning laws accordingly.
In Rensselaer County, concerns about the placement and safety of battery storage systems have also been raised, with some towns looking to establish clearer guidelines. These local efforts could be significantly weakened if S5506 becomes law, as ORES would have final authority over whether a project moves forward.
Why the State Is Taking Over
New York has set ambitious clean energy goals, including a carbon-free electricity grid by 2040 and 6,000 MW of energy storage by 2030. State officials argue that local permitting processes have slowed down the development of battery storage, which is seen as a key part of integrating renewable energy sources like wind and solar. According to the bill’s sponsors, over 100 municipalities across the state have passed moratoriums or strict regulations on battery storage, delaying more than 1,000 MW of potential projects.
Supporters of the bill say that a uniform statewide process will make it easier to approve projects while ensuring they meet strict safety and environmental standards. They point to existing state fire code updates and proposed guidelines from the New York State Energy Research and Development Authority (NYSERDA) that aim to improve fire safety and emergency response plans for battery installations.
What’s Next?
If S5506 passes, large battery storage projects would be classified similarly to large wind and solar farms, meaning towns would have limited ability to reject them outright. However, local governments and residents would still be able to voice concerns during the ORES approval process.
The bill is currently under review in the State Senate. Local officials and residents concerned about the impact of state oversight on home rule and zoning authority may wish to reach out to their representatives before the legislation moves forward.