Westchester Reporter

County Executive Ken Jenkins has enacted a new law aimed at boosting the oversight and safety of non-residential Battery Energy Storage Systems (BESS) in Westchester. This legislation, initially proposed by Jenkins in January, was approved by the Board of Legislators and requires municipalities to provide clear notifications concerning new installations or modifications to existing systems.

"This new law balances the expansion of renewable energy infrastructure with the highest safety and planning standards," stated Jenkins. "When BESS facilities are responsibly integrated into our communities, we safeguard our residents and first responders." He signed the bill into law surrounded by first responders at the Department of Emergency Services in Valhalla.

Susan Spear, Westchester County Emergency Services Commissioner, remarked, "The Westchester Department of Emergency Services appreciates County Executive Jenkins' 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 employs a battery array to store and release energy, often harnessed from renewable sources like wind and solar, during peak demand or power outages. The law affects all new and existing non-residential BESS in Westchester County, including any modifications that increase discharge duration or power rating.

The law mandates that municipalities must include in their notifications the address of the system’s location, zoning district designation, size and capacity, emergency contact information for the facility owner and operator, and key dates related to component arrival and operation. This ensures effective communication between municipalities and the County, aligning with existing statutes under New York General Municipal Law and Westchester County laws. The DES Commissioner will immediately inform all relevant local municipal bodies about the new requirements to ensure rapid compliance and implementation.