New York Assembly Bill A08141

New York 2025-2026 Regular Session

• Introduced: 5/1/25
• Refer: 5/1/25

Caption

Requires notice to elected officials when there is a proposed battery energy storage system in such officials district; defines what qualifies as a battery energy storage system.

Impact

If enacted, A08141 will enforce a protocol for developers to notify elected state officials, such as senators and assembly members, within ten business days of key filings related to proposed battery energy storage sites. The bill also clarifies definitions relating to battery energy storage systems, establishing clear criteria for what qualifies as such systems. By mandating communication from developers to state officials, the bill promotes engagement and oversight in energy projects that may impact local environmental conditions and community interests, particularly in areas that may fall under the classification of environmental justice.

Summary

Bill A08141, proposed in the New York Assembly, seeks to amend the energy law, public service law, and public authorities law to establish a mandatory notice requirement for elected officials regarding battery energy storage system (BESS) siting proposals in their districts. The bill aims to enhance transparency and ensure local representatives are kept informed throughout the entirety of the siting proposal process by requiring developers to notify relevant officials and municipalities whenever a BESS is proposed. This helps ensure that the interests of local constituents are considered in decision-making processes that affect their communities.

Contention

The proposal has generated discussions among legislators and stakeholders, particularly around issues of enforcement and local authority. Some advocates for environmental protection see the bill as a necessary step towards ensuring that local communities are aware of potential impacts from large energy installations. However, concerns have been raised about the feasibility of the notification process and the clarity of penalties established for non-compliance, with fines ranging from one thousand to ten thousand dollars per day for failing to provide timely notice. Critics argue that such punitive measures may complicate the siting process, especially if there are disputes regarding compliance.