New Westchester Notification Law For Non-Residential Battery Energy Storage On The Books

Press release from the Westchester County Government:

Goal is to Enhance Safety and Improve Transparency

Watch the News Conference Here:

https://www.youtube.com/watch?v=7SQiT0dPUY0

County Executive Ken Jenkins today signed into law a bill that enhances the oversight and safety of non-residential Battery Energy Storage Systems (BESS) in Westchester.

The legislation – proposed by Jenkins in January and passed recently by the Board of Legislators – establishes clear notification requirements for municipalities regarding new installations or modifications to existing systems.

The new law:

Jenkins said: “This new law balances the expansion of renewable energy infrastructure with the highest safety and planning standards. When BESS facilities are responsibly integrated into our communities, we safeguard our residents and first responders.”

Jenkins was flanked by first responders as he signed the bill into law at the Department of Emergency Services in Valhalla.

Westchester County Emergency Services Commissioner Susan Spear said: “The Westchester Department of Emergency Services appreciates County Executive Jenkin’s leadership on this important, emerging public safety issue, as well as the support of the County Board of Legislators. It is crucial that firefighters and first responders know what is on-site before they arrive at a fire or hazmat scene, both for their own safety and for the safety of the surrounding public. This legislation will ensure that our 911 dispatchers have that information to provide to first responders, and that local fire departments have the information they need to develop appropriate emergency plans for these facilities. This legislation preserves local home rule and is just one of many important safety requirements for these facilities.”

BESS technology utilizes a battery array to collect and store energy, including from renewable energy sources such as wind and solar. The batteries store that energy until it is released back into the power supply at times of peak demand or a power outage.

The proposed law applies to all new and existing non-residential BESS facilities that are permitted, installed or modified within Westchester County. It also covers modifications, retrofits or replacements to existing systems that increase their designed discharge duration or power rating.

Under the new law, municipalities must:

The municipal notifications are required to include the address of the system’s location, the zoning district designation for the project site, and the size and capacity of the Battery Energy Storage System. Additionally, municipalities must provide emergency contact information for the facility owner and operator along with any relevant dates, including when components are expected to arrive on-site, become operational, or were previously made operational.

The law ensures seamless communication between municipalities and the County, complementing existing requirements under New York General Municipal Law §239-m and Westchester County laws. The DES Commissioner will immediately notify all local municipal planning boards, departments of planning, clerks, and chief executives about the new requirements, ensuring swift compliance and implementation.

This press release was produced by the Westchester County Government. The views expressed here are the author’s own.