New York unveils proposed rules to improve safety of battery energy storage systems

New York State has proposed requiring battery storage facilities to have emergency response plans and increased coordination with local fire departments, according to proposed regulations released on Friday.

The lithium-ion battery energy storage systems, also known as BESS facilities, must have an approved fire safety and evacuation plan in place, which would include mitigation measures in the event of a thermal runaway event, according to the proposed regulations. The regulations would also make it mandatory that BESS owners develop a “pre-incident” plan with the local fire department and allow the department to prepare for fires on the site. 

Large BESS facilities would be required to be continuously monitored around the clock, the regulations propose. The monitor would be required to notify local fire safety personnel and hazard support personnel in case of an emergency — and the battery manufacturer would be required to provide assistance for an emergency response.

Other changes proposed in the regulations include requiring industry-funded expert reviews for BESS installations; requiring third party fire safety inspections at least every three years; more safety signage requirements; and requiring video surveillance of the storage units that would be accessible to authorities in the event of a fire. The new code would also remove an exemption for BESS projects owned or operated by utility companies. 

The code amendments implement the recommendations of an interagency fire safety working group created by Gov. Kathy Hochul a year ago to investigate fires at energy storage facilities in the state, including one in East Hampton, and review current safety standards for the facilities. The changes were published last week and public comment will be accepted through September 24, 2024.  

BESS facilities store electrical energy generated during off-peak hours to be distributed during peak hours. They are considered key to the rapidly developing renewable energy industry and New York State’s renewable energy goals.

“Battery storage is a key element to building a green economy here in New York, and we have taken comprehensive efforts to ensure the proper safety standards are in place,” Hochul said in a statement last week. “With updating fire codes, we’re ensuring that New York’s clean energy transition is done safely and responsibly.”

Several battery storage facilities have been proposed in Riverhead Town, including one with a solar energy facility at the former Young’s Avenue landfill in Calverton, a smaller facility near Stotzky Park in Riverhead and a larger utility-scale facility on Edwards Avenue in Calverton. Another utility-scale BESS facility is proposed in Shoreham, just west of Riverhead Town, on the Long Island Power Authority site.

All battery energy storage developments in Riverhead are required to follow the state’s building and fire safety codes, as well as a local code adopted by the Town Board in April 2023 based on a model code developed by the New York State Energy Research and Development Authority.

Riverhead Town currently has a moratorium on industrial development in the Calverton Hamlet, restricting the development of battery storage facilities in much of the town’s industrial land. The Town Board was set to vote on a battery storage development moratorium, but the moratorium was scrapped at the beginning of the year. Supervisor Tim Hubbard said a moratorium was no longer necessary because the state would likely have new safety codes published before battery storage facilities were built in the town. 

Neighboring municipalities have imposed moratoriums on the development of BESS facilities. Southampton Town last week extended its moratorium another six months, according to The Southampton Press. In March, Southold Town extended its moratorium another year. Both municipalities are concerned about the safety of the facilities and are developing local laws focused on regulating BESS facilities. While popular with some residents, the moratoriums have been criticized by the New York League of Conservation Voters and other environmental conservation groups. The groups have said the moratoriums are hindering the state’s “clean energy transition.”