A 277: Requires Richmond County to establish a hazards annex to the Richmond county emergency management plan for certain fixed energy storage facilities to ensure that Richmond County is prepared to deal with the potential dangers, such as high-temperature chemical fires, associated with large scale energy storage facilities, including those placed or planned to be placed in assembly district 63.

  
  STATE OF NEW YORK ________________________________________________________________________ 277 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. PIROZZOLO -- read once and referred to the Committee on Cities AN ACT in relation to requiring Richmond county to establish a hazards annex to the Richmond county emergency management plan for certain fixed energy storage facilities; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Richmond county is hereby directed to establish a hazards 2 annex to the Richmond County Emergency Management Plan for fixed energy 3 storage facilities housing lithium-ion batteries within 2 years of the 4 effective date of this section. The hazards annex shall be applicable to 5 energy storage facilities placed or planned to be placed in assembly 6 district 63. 7 § 2. Richmond county shall update emergency management plans concur- 8 rently and in coordination with the Division of Homeland Securities' 9 Disaster Preparedness Commission as it updates guidance on fixed energy 10 storage facilities housing lithium-ion batteries, including those placed 11 or planned to be placed in assembly district 63. 12 § 3. Prior to the approval and issuance of any federal, state, and/or 13 local government permits for any proposed energy storage facility hous- 14 ing lithium-ion batteries in Richmond county, including those placed or 15 planned to be placed in assembly district 63, the New York State Office 16 of Fire Prevention and Control, the New York State Energy Research and 17 Development Authority, and the Department of Environmental Conservation 18 shall jointly inspect the site and shall approve its location to ensure 19 that appropriate safety setbacks are being adhered to. Considerations 20 for safety setbacks shall include, but not be limited to, major fire 21 risks and release of hazardous fumes, as well as prevailing wind EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00913-01-5 
 A. 277 2 1 patterns that could affect the spread of the fumes, due to fires at the 2 proposed energy facility with respect to: 3 a. Potential bystanders; 4 b. Buildings and equipment not related to the energy storage facility; 5 c. Schools and nursing homes; 6 d. Shopping centers; 7 e. Sports, athletic and other recreational facilities; 8 f. Disadvantaged communities, especially the rural poor, and any 9 potential displacement that could occur; 10 g. Farmland; 11 h. State parks; 12 i. Wildlife; and 13 j. Water tables, Watersheds, and Viewsheds. 14 Considerations for safety setbacks shall also include ensuring compli- 15 ance with New York City Fire Department Rule 3 RCNY 608-01, as well as 16 compliance with applicable Federal Occupational Safety and Health Admin- 17 istration standards, including but not limited to Hazardous Materials 18 Standard 1910.119 and Toxic and Hazardous Substances Standard 1910.1200. 19 § 4. This act shall take effect immediately and shall expire and be 20 deemed repealed December 31, 2034; provided, however, that section three 21 of this act shall take effect upon completion of the hazards annex 22 required pursuant to section one of this act; provided further, however, 23 that the county executive of Richmond county shall notify the legisla- 24 tive bill drafting commission upon the completion of the hazards annex 25 required pursuant to section one of this act in order that the commis- 26 sion may maintain an accurate and timely effective data base of the 27 official text of the laws of the state of New York in furtherance of 28 effectuating the provisions of section 44 of the legislative law and 29 section 70-b of the public officers law.