A 8378: Relates to qualified energy storage systems; authorizes energy storage permitting under the office of renewable energy siting and electric transmission.

  
  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.