Governor Hochul Announces Proposed Updates to NYS Fire Code to Advance Growth of Battery Energy Storage Systems

Late last week, Governor Hochul announced proposed updates to the New York State Fire Code to implement recommendations from the Governor’s Interagency Fire Safety Working Group (FSWG). Formed in July 2023, FSWG was created to address concerns regarding safety of Battery Energy Storage Systems (BESS) and advance safe and reliable growth of BESS capacity in order to facilitate New York State goals to transition to clean energy.

The FSWG consists of officials from Division of Homeland Security and Emergency Services, Office of Fire Prevention and Control, New York State Energy Research and Development Authority, New York State Department of Environmental Conservation, New York State Department of Public Service, New York State Department of State and nation-leading BESS safety industry experts. The group was tasked with investigating the causes and impacts of BESS fires (two of which occurred here in Orange County), inspecting current installations, identifying gaps in existing codes, and studying industry best practices in order to develop recommendations for revisions and enhancements to the Fire Code of New York State.

After reviewing the report and recommendations of the FSWG, Governor Hochul has proposed the following recommendations:

• Requiring industry-funded independent peer reviews for all BESS installations exceeding energy capacity thresholds established for lithium-ion batteries.
• Requiring qualified personnel or representatives with knowledge of the BESS installation to be available for dispatch within 15 minutes and able to arrive on scene within four hours to provide support to local emergency responders in the event of a BESS fire.
• Extending safety signage requirements beyond the BESS unit itself to include perimeter fences or security barriers and include a map of the site, BESS enclosures and associated equipment.
• Removing the fire code exemption for BESS projects owned or operated by electrical utilities to ensure that all projects comply with the fire code.
• Including the requirement that every BESS facility is equipped with an Emergency Response Plan (ERP).
• Requiring site-specific training to be offered for local fire departments to familiarize them with the project, hazards associated with BESS and procedures outlined in the ERP.
• Including a fire code requirement in all BESS installations for monitoring of fire detection systems by a central station service alarm system to ensure timely, proper notification to the local fire department in the event of a fire alarm.
• Introducing a new provision in the fire code mandating regular industry-funded special inspections for the best installations to ensure thorough safety and compliance.

Interested parties are invited to submit comments relating to the draft code language through the Notice of Rule Development process with the New York State Department of State by September 24, 2024, at https://dos.ny.gov/notice-rule-development.

There are several communities in the Hudson Valley that have adopted moratoriums while awaiting guidance from the State for the best ways to address the legitimate safety concerns that have been raised relating to BESS. Hopefully, these recommendations will appropriately address those concerns and allow municipalities in New York State to work with BESS providers to facilitate the implementation and growth of this important industry that is so critical to helping New York State and the nation address and combat the onset of climate change.