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A08378 Summary:

BILL NOA08378
 
SAME ASSAME AS S05506
 
SPONSORLevenberg
 
COSPNSRReyes
 
MLTSPNSR
 
Amd §§66-r, 137, 140 & 145, Pub Serv L; amd §224-d, Lab L
 
Relates to qualified energy storage systems; authorizes energy storage permitting under the office of renewable energy siting and electric transmission.
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A08378 Actions:

BILL NOA08378
 
05/13/2025referred to energy
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A08378 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8378
 
SPONSOR: Levenberg
  TITLE OF BILL: An act to amend the public service law and the labor law, in relation to qualified energy storage systems   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to expand the tools available to the Office of Renewable Energy Siting (ORES) to include applications for the siting of Qualified Energy Storage facilities across New York State to reduce emissions from older, highly polluting plants and ensure New York State meets its 100% renewable energy goals.   SUMMARY OF PROVISIONS: Section 1: Amends subdivision 1-a of section 66-r of article four of the Public Service Law to add a definition for qualified energy storage systems. Section 2: Subdivision 4 of section 137 of the Public Service Law is amended by adding the definition for qualified energy storage systems. Section 3: Subdivision 5 of section 140 of the Public Service Law is amended and a new subdivision six is added. *(c) is added to subdivision 5 of section 140 and reads as follows: to an energy storage system constructed in a city with a population of one million or more. *Subdivision 6 is added that states that after the effective date of this paragraph, any person intending to construct a major renewable energy facility excluded from this section may elect to become subject to the provisions of this section by filing an application for a major renewable energy facility siting permit pursuant to ORES regulations. Section 4: Paragraph (a) of subdivision one of section 145 of article eight of the Public Service Law is amended by adding a minimum fee of twenty-five thousand dollars and a maximum fee of one hundred thousand dollars for any proposed energy storage facility's siting permit appli- cation. Section 5: Amends subdivision one of section 224-d of article eight of the Labor Law to add a definition for qualified energy storage systems. Section 6: Establishes the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Not application at this time.   JUSTIFICATION: New York State set highly ambitious climate and renewable energy goals through the 2019 Climate Leadership and Community Protection Act and Roadmap for Energy Storage. This bill would allow the State to move towards its stated goal of 6GW energy storage by 2030 by allowing the Office of Renewable Energy Siting (ORES) to streamline the environmental review and permitting of major energy storage projects. Energy storage systems can integrate large quantities of renewable energy and store renewables for when they are needed most, allowing our power grid to operate more efficiently. Currently, the process for energy storage permitting varies across local jurisdictions. This inconsistency discourages storage deployment, ulti- mately slowing our State's clean energy progress. NYSERDA published a "Battery Energy Storage System Model Permit" to help local governments establish standard permitting requirements, but this is not being enforced consistently. ORES already allows for a coordinated review of siting permit applications for renewable energy generators. By allowing the same process for energy storage facilities, we can reduce investment and development risk for these sites. Many local jurisdictions also lack the personnel, funding, and/or exper- tise to appropriately handle energy storage permitting applications and safety reviews. Therefore, over 100 areas imposed local moratoria on energy storage, but continued extensions have impacted at least 1,067 MW of energy storage projects. Under ORES' purview, energy storage plans can be evaluated at the highest safety levels throughout their design, installation, and operation and in conjunction with the New York State Uniform Fire Prevention and Building Code.   PRIOR LEGISLATIVE HISTORY: This is new legislation.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:; There are no fiscal implications associated with the passage of this legislation.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that the amendments to sections 137, 140, and 145 of the public service law made by sections two, three, and four of this act shall not affect the repeal of such sections and shall be deemed to be repealed therewith. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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A08378 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8378
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 13, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  LEVENBERG  --  read once and referred to the
          Committee on Energy
 
        AN ACT to amend the public service law and the labor law, in relation to
          qualified energy storage systems
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 1-a of section 66-r of the public service law,
     2  as amended by section 32 of part O of chapter 58 of the laws of 2024, is
     3  amended to read as follows:
     4    1-a. For the purposes of this  section,  an  "other  covered  project"
     5  means:  (a) any "thermal energy network" as defined by subdivision twen-
     6  ty-nine of section two of this chapter; (b)  any  offshore  wind  supply
     7  chain project, including but not limited to port infrastructure, primary
     8  component  manufacturing,  finished component manufacturing, subassembly
     9  manufacturing, subcomponent manufacturing, or raw material producers, or
    10  a combination thereof receiving direct funding from the New  York  state
    11  energy  research  and development authority pursuant to an award under a
    12  New York state energy research and development  authority  solicitation;
    13  [or] (c) a "major utility transmission facility" as such term is defined
    14  by  section one hundred twenty of this chapter or "major electric trans-
    15  mission facility" as defined by article VIII of this chapter; or (d) any
    16  qualified energy storage system, as such term is defined in  subdivision
    17  one  of  section seventy-four of this article, with a nameplate capacity
    18  of twenty-five thousand kilowatts or  more  and  interconnected  to  the
    19  state's electricity grid.
    20    §  2. Subdivision 4 of section 137 of the public service law, as added
    21  by section 11 of part O of chapter 58 of the laws of 2024, is amended to
    22  read as follows:
    23    4. "Major  renewable  energy  facility"  means  any  renewable  energy
    24  system,  as such term is defined in section sixty-six-p of this chapter,
    25  with a nameplate generating capacity of twenty-five  thousand  kilowatts
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09637-01-5

        A. 8378                             2
 
     1  or  more, [and] any co-located system storing energy generated from such
     2  a renewable energy system prior to delivering  it  to  the  bulk  trans-
     3  mission  system, or any qualified energy storage system, as such term is
     4  defined in subdivision one of section seventy-four of this chapter, with
     5  a  nameplate  capacity  of  twenty-five  thousand  kilowatts or more and
     6  interconnected to the state's electricity grid, including all associated
     7  appurtenances to electric plants, including electric transmission facil-
     8  ities less than ten miles in length in order to provide access  to  load
     9  and  to  integrate such facilities into the state's bulk electric trans-
    10  mission system.
    11    § 3. Subdivision 5 of section 140 of the public service law, as  added
    12  by  section  11  of part O of chapter 58 of the laws of 2024, is amended
    13  and a new subdivision six is added to read as follows:
    14    5. This section shall not apply:
    15    (a) to normal repairs, maintenance, replacements, non-material modifi-
    16  cations and improvements of a major renewable energy facility subject to
    17  this article, whenever built, which are performed in the ordinary course
    18  of business and which do not constitute a violation  of  any  applicable
    19  existing permit; [and]
    20    (b)  to a major renewable energy facility if, on or before [the effec-
    21  tive date of this article] December 31, 2025, an  application  has  been
    22  made  or granted for a license, permit, certificate, consent or approval
    23  from any federal, state or local commission, agency, board or regulatory
    24  body[.]; and
    25    (c) to an energy storage system constructed in a  city  with  a  popu-
    26  lation of one million or more.
    27    6. After the effective date of this paragraph, any person intending to
    28  construct  a  major renewable energy facility excluded from this section
    29  pursuant to paragraph (b) of subdivision five of this section may  elect
    30  to  become subject to the provisions of this section by filing an appli-
    31  cation for a major renewable energy facility siting permit  pursuant  to
    32  the regulations of ORES governing such applications.
    33    §  4.  Paragraph  (a)  of  subdivision  1 of section 145 of the public
    34  service law, as added by section 11 of part O of chapter 58 of the  laws
    35  of 2024, is amended to read as follows:
    36    (a)  for  a  major renewable energy facility, one thousand dollars for
    37  each thousand kilowatts of capacity  of  the  proposed  major  renewable
    38  energy  facility, with a minimum fee of twenty-five thousand dollars and
    39  a maximum fee of one hundred thousand dollars for  any  proposed  energy
    40  storage facility;
    41    §  5.  Subdivision  1 of section 224-d of the labor law, as amended by
    42  section 31 of part O of chapter 58 of the laws of 2024,  is  amended  to
    43  read as follows:
    44    1.  For  purposes of this section, a "covered renewable energy system"
    45  means (a) a renewable energy system, as such term is defined in  section
    46  sixty-six-p  of  the  public service law, with a capacity of one or more
    47  megawatts alternating current and  which  involves  the  procurement  of
    48  renewable energy credits by a public entity, or a company or corporation
    49  provided  in subdivisions twenty-three and twenty-four of section two of
    50  the public service law, or a third party acting on behalf  and  for  the
    51  benefit  of a public entity; (b) any "thermal energy network" as defined
    52  by subdivision twenty-nine of section two of the public service law; (c)
    53  any offshore wind supply chain project, including  but  not  limited  to
    54  port infrastructure, primary component manufacturing, finished component
    55  manufacturing, subassembly manufacturing, subcomponent manufacturing, or
    56  raw  material producers, or a combination thereof receiving direct fund-

        A. 8378                             3
 
     1  ing from the New York state energy research  and  development  authority
     2  pursuant to an award under a New York state energy research and develop-
     3  ment  authority  solicitation;  [or]  (d)  a "major utility transmission
     4  facility"  as  such term is defined by section one hundred twenty of the
     5  public service law; or (e) any qualified energy storage system, as  such
     6  term is defined in subdivision one of section seventy-four of the public
     7  service law, with a nameplate capacity of twenty-five thousand kilowatts
     8  or more and interconnected to the state's electricity grid.
     9    §  6.  This  act shall take effect on the ninetieth day after it shall
    10  have become a law; provided, however, that the  amendments  to  sections
    11  137,  140, and 145 of the public service law made by sections two, three
    12  and four of this act shall not affect the repeal of  such  sections  and
    13  shall  be  deemed  to  be repealed therewith. Effective immediately, the
    14  addition, amendment and/or repeal of any rule  or  regulation  necessary
    15  for  the implementation of this act on its effective date are authorized
    16  to be made and completed on or before such effective date.
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