This document is intended to provide guidance to local governments considering developing an ordinance or rules related to the development of utility-scale battery energy storage systems.
The recommendations and considerations included in this framework draw from a variety of sources including: national fire safety standards, guidance established by national energy laboratories, and existing state laws and local regulations.
The American Clean Power Association supports the adoption of NFPA 855, the national fire protection safety standard for grid-connected energy storage. This safety standard, developed by firefighters, fire protection professionals, and safety experts, provides comprehensive requirements and guidance on the design, installation, and operation of energy storage facilities for all site and community contexts.
It may not be appropriate for this Model Ordinance to be adopted precisely as it is written. It is intended to be advisory, and users should not rely upon it as legal advice. Local government officials are urged to seek legal advice from their attorneys before enacting a battery energy storage system ordinance. Local governments must consider how the language in this Model Ordinance may or should be modified to suit local conditions, comprehensive plans, existing land use and zoning provisions.
In 2023, the United States set a record for the most clean energy installed in a single year,
with 33.8 gigawatts (GW) installed – over three-fourths of all new electricity capacity added.
The Battery Energy Storage System Guidebook contains information, tools, and step-by-step instructions to support local governments managing battery energy storage system development in their communities. The Guidebook provides local officials with in-depth details about the permitting and inspection process to ensure efficiency, transparency, and safety in their communities.
Energy storage technologies and systems are regulated at the federal, state, and local levels, and must undergo rigorous safety testing to be authorized for installation in New York.
On July 28, 2023, Governor Kathy Hochul announced the creation of a newInter-Agency Fire Safety Working Groupto ensure the safety and security of energy storage systems across the state. Updates and resources can be found on theWorking Group’s webpage.
You can download NYSERDA’s New York State[PDF]and New York City[PDF] factsheets to learn more about energy storage regulations and safety in your community.
The Trainings for Local Governments pageoffers additional resources including recordings and materials from NYSERDA’s battery energy storage system trainings.
The Model Law is intended to help local government officials and AHJs adopt legislations and regulations to responsibly accommodate battery energy storage systems in their communities. The Model Law lays out procedural frameworks and substantive requirements for residential, commercial, and utility-scale battery energy storage systems.
The Model Permit is intended to help local government officials and AHJs establish the minimum submittal requirements for electrical and structural plan review that are necessary when permitting residential and small commercial battery energy storage systems.
The Inspection Checklist is intended to be utilized as a guideline for field inspections of residential and small commercial battery energy storage systems. It can be used directly by local code enforcement officers or provided to a third-party inspection agency, where applicable.
The New York State Uniform Fire Prevention and Building Code (Uniform Code) prescribes mandatory statewide minimum standards for building construction and fire prevention. In 2020, the Uniform Code was amended to include the latest safety considerations for energy storage systems.
NYSERDA offers objective information and analysis, innovative programs, technical expertise, and support to help New Yorkers increase energy efficiency, save money, use renewable energy, and reduce reliance on fossil fuels. A public benefit corporation, NYSERDA has been advancing energy solutions and working to protect the environment since 1975.
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