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Westchester Reporter

Friday, January 17, 2025

Ken Jenkins proposes new law for non-residential battery energy storage oversight

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County Executive George Latimer | Official website of Westchester County

County Executive George Latimer | Official website of Westchester County

County Executive Ken Jenkins has put forward a proposed notification law aimed at improving the oversight and safety of non-residential Battery Energy Storage Systems (BESS) in Westchester County. This legislation seeks to establish clear notification requirements for municipalities concerning new installations or modifications to existing systems. The goal is to maintain up-to-date records, enhancing coordination in planning and safety efforts.

Jenkins emphasized the importance of unified efforts: "The bottom-line is we all need to be on the same page. This legislation underscores Westchester County's commitment to balancing the expansion of renewable energy infrastructure with the highest safety and planning standards." He highlighted that these notification requirements aim to ensure responsible integration of battery energy storage systems into communities while protecting residents and first responders.

Accompanied by first responders at the Department of Emergency Services in Valhalla, Jenkins announced this initiative. Deputy County Executive Richard G. Wishnie noted the potential risks associated with these systems: “While these alternative power systems can provide environmentally friendly and economically positive power supplies, when they fail they can cause explosive fires that have proven to be extremely difficult to extinguish while giving off dangerous gases."

Westchester County Emergency Services Commissioner Susan Spear supported Jenkins' leadership on this emerging public safety issue, stating, "It is crucial that firefighters and first responders know what is on-site before they arrive at a fire or hazmat scene." She stressed that this legislation would ensure 911 dispatchers have necessary information for first responders and local Fire Departments.

New Rochelle Fire Chief Andrew Sandor also expressed gratitude for this initiative: “The Fire Advisory Board...joins Commissioner Spear in thanking the County Executive for forwarding this critical public safety initiative.”

BESS technology involves using a battery array to store energy from sources like wind and solar until it is needed during peak demand or outages. The proposed law applies to all non-residential BESS facilities within Westchester County, including any modifications that increase their capacity.

Municipalities would be required under this law to provide notifications detailing system location, zoning district designation, size, capacity, emergency contact information for facility owners/operators, and relevant dates regarding system operations.

This proposal aims to ensure smooth communication between municipalities and the County, complementing existing New York General Municipal Law §239-m requirements. Once enacted, local municipal boards will be promptly informed about compliance expectations by the DES Commissioner.

The approval of the Westchester County Board of Legislators is required for this legislation.

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