TOWN OF VETERAN

                                                                  NOTICE OF PUBLIC HEARING

 

PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Veteran on March 13, 2025 at 7:00 PM at the Town Hall, 4049 Watkins Rd., Millport, NY 14864 for the Battery Energy Storage System Local Law in the Town of Veteran, Chemung County, NY.

 

All persons will be given an opportunity to be heard at the time and place aforesaid. The Hearing Officer will accept written comments from the public via the Town Clerk, ([email protected]).  Any person requiring special assistance should contact the Town Clerk prior to the meeting.

 

BY THE ORDER OF THE TOWN BOARD OF THE

TOWN OF VETERAN, NEW YORK

 

 

 

Jenny Reese, Town Clerk

Town of Veteran, NY
Local Law #1 of 2025

Battery Energy Storage System Law

1. Authority
This Battery Energy Storage System Law is adopted pursuant to Article IX of the New York
State Constitution, §2(c)(6) and (10), New York Statute of Local Governments, § 10 (1) and
(7) sections 261-263 of the Town Law of the State of New York, which authorize the Town
of Veteran to adopt provisions that advance and protect the health, safety, and welfare of
the community.
2. Statement of Purpose
This Battery Energy Storage System (BESS) Law is adopted to advance and protect the
public health, safety, welfare, and quality of life of the Town of Veteran by establishing
clear regulations for the installation and use of battery energy storage systems.
A. This Local Law is based on the NYSERDA Battery Energy Storage System Model
Law and is designed to ensure the safe and responsible deployment of BESS
technology within the town. It permits Tier 1 Battery Energy Storage
Systems—limited to 80 kWh, allowing homeowners to benefit from energy
savings, peak load management, and increased energy resilience.
B. At the same time, this law prohibits the installation and operation of non-Tier 1
(utility-scale) BESS systems within the Town of Veteran. This prohibition reflects
concerns regarding safety risks, emergency response challenges, and
environmental impacts associated with larger-scale energy storage facilities.
C. This law serves as a proactive measure to balance technological innovation with
the safety and well-being of the community.
D. This Battery Energy Storage System Law is adopted to advance and protect the
public health, safety, welfare, and quality of life of the Town of Veteran by creating
regulations for the installation and use of battery energy storage systems.

3. Definitions
As used in this document, the following terms shall have the meanings indicated:
ANSI: American National Standards Institute
BATTERY(IES): A single cell or a group of cells connected together electrically in series, in
parallel, or a combination of both, which can charge, discharge, and store energy
electrochemically. For the purposes of this law, batteries utilized in consumer products are
excluded from these requirements.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM: An electronic system that

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protects energy storage systems from operating outside their safe operating parameters
and disconnects electrical power to the energy storage system or places it in a safe
condition if potentially hazardous temperatures or other conditions are detected.
BATTERY ENERGY STORAGE SYSTEM: One or more devices, assembled together,
capable of storing energy in order to supply electrical energy at a future time, not to include a
stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage
system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows:
A. Tier 1 Battery Energy Storage Systems having an aggregate energy capacity less
than or equal to 80kWh and, if in a room or enclosed area, consist of only a single
energy storage system technology. (e.g., all lithium-ion or all lead-acid, but not a
mix).
B. Tier 2 Battery Energy Storage Systems are those systems that are not Tier 1
systems. This law prohibits any Battery Energy Storage System that is not Tier 1.
CELL: The basic electrochemical unit, characterized by an anode and a cathode, used to
receive, store, and deliver electrical energy.
COMMISSIONING: A systematic process that provides documented confirmation that a
battery energy storage system functions according to the intended design criteria and
complies with applicable code requirements.
DEDICATED-USE BUILDING: A building that is built for the primary intention of housing
battery energy storage system equipment, is classified as Group F-1 occupancy as defined
in the International Building Code, and complies with the following:
A. The building’s only use is battery energy storage, energy generation, and other
electrical grid-related operations.
B. No other occupancy types are permitted in the building.
C. Occupants in the rooms and areas containing battery energy storage systems are
limited to personnel that operate, maintain, service, test, and repair the battery
energy storage system and other energy systems.
D. Administrative and support personnel are permitted in areas within the buildings that
do not contain battery energy storage system, provided the following:
1) The areas do not occupy more than 10 percent of the building area of the
story in which they are located.
2) A means of egress is provided from the administrative and support use
areas to the public way that does not require occupants to traverse through
areas containing battery energy storage systems or other energy system
equipment.

ENERGY CODE: The New York State Energy Conservation Construction Code adopted
pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended
from time to time.
FIRE CODE: The fire code section of the New York State Uniform Fire Prevention and
Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect
and as hereafter amended from time to time.
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL): A U.S. Department of
Labor designation recognizing a private sector organization to perform certification for
certain products to ensure that they meet the requirements of both the construction and
general industry OSHA electrical standards.

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NEC: National Electric Code.
NFPA: National Fire Protection Association.
NON-DEDICATED-USE BUILDING: All buildings that contain a battery energy storage
system and do not comply with the dedicated-use building requirements.
NON-PARTICIPATING PROPERTY: Any property that is not a participating property.
NON-PARTICIPATING RESIDENCE: Any residence located on non-participating
property.
OCCUPIED COMMUNITY BUILDING: Any building in Occupancy Group A, B, E, I, R, as
defined in the International Building Code, including but not limited to schools, colleges,
daycare facilities, hospitals, correctional facilities, public libraries, theaters, stadiums,
apartments, hotels, and houses of worship.
PARTICIPATING PROPERTY: A battery energy storage system host property or any real
property that is the subject of an agreement that provides for the payment of monetary
compensation to the landowner from the battery energy storage system owner (or affiliate)
regardless of whether any part of a battery energy storage system is constructed on the
property.
UNIFORM CODE: the New York State Uniform Fire Prevention and Building Code adopted
pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended
from time to time.
4. Applicability
A. The requirements of this Local Law shall apply to all battery energy storage systems
permitted, installed, or modified in the Town of Veteran after the effective date of
this Local Law, excluding general maintenance and repair.
B. Battery energy storage systems constructed or installed prior to the effective date of
this Local Law shall not be required to meet the requirements of this Local Law.
C. Modifications to, retrofits or replacements of an existing battery energy storage
system that increase the total battery energy storage system designed discharge
duration or power rating shall be subject to this Local Law.

5. General Requirements
A. A building permit and an electrical permit shall be required for installation of all
battery energy storage systems.
B. All battery energy storage systems, all Dedicated Use Buildings, and all other
buildings or structures that (1) contain or are otherwise associated with a battery
energy storage system and (2) subject to the Uniform Code and/or the Energy Code
shall be designed, erected, and installed in accordance with all applicable
provisions of the Uniform Code, all applicable provisions of the Energy Code, and
all applicable provisions of the codes, regulations, and industry standards as
referenced in the Uniform Code, the Energy Code, and all applicable provisions of
the codes, regulations, and industry standards as referenced in the NFPA Code,
and the Town of Veteran Code.

6. Permitting Requirements for Tier 1 Battery Energy Storage Systems
Tier 1 Battery Energy Storage Systems shall be permitted in all zoning districts, subject to
the general requirements (Section 5), Uniform Code, NFPA 855 Section 15 and the
“Battery Energy Storage System Permit,” and are exempt from site plan review.

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NFPA 855 Section 15

7. Safety
A. System Certification. Battery energy storage systems and equipment shall be listed
by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery
energy storage systems and Equipment) or approved equivalent, with
subcomponents meeting each of the following standards as applicable:
1) UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power
and Light Electric Rail Applications),
2) UL 1642 (Standard for Lithium Batteries),
3) UL 1741 or UL 62109 (Inverters and Power Converters),
4) Certified under the applicable electrical, building, and fire prevention codes
as required.
5) Alternatively, field evaluation by an approved testing laboratory for
compliance with UL 9540 (or approved equivalent) and applicable codes,
regulations and safety standards may be used to meet system certification
requirements.
6) NFPA (National Fire Protection Association) 855 Section 15

B. Site Access. Battery energy storage systems shall be maintained in good working
order and in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department.
C. Battery energy storage systems, components, and associated ancillary equipment
shall have required working space clearances, and electrical circuitry shall be within
weatherproof enclosures marked with the environmental rating suitable for the type
of exposure in compliance with NFPA 70.

8. Enforcement
Any violation of this Battery Energy Storage System Law shall be subject to the same
enforcement requirements, including the civil and criminal penalties, provided for in the
zoning or land use regulations of the Town of Veteran.

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9. Severability
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause,
provision, or phrase of the aforementioned sections, as declared by the valid judgment of
any court of competent jurisdiction to be unconstitutional, shall not affect the validity or
enforceability of any other section, subsection, paragraph, sentence, clause, provision, or
phrase, which shall remain in full force and effect.
10. . Effective Date
This local law shall become effective upon filing with the Secretary of State.

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