BESS Practices: East End Towns Respond to New State Fire Codes for Battery Storage

New York State has adopted new fire safety requirements for lithium-ion battery energy storage systems following a 2023 fire at an East Hampton facility that drew widespread concern from residents and first responders. The changes, according to local officials and state summaries, aim to improve siting, oversight and emergency response for the growing number of projects proposed as part of New York’s clean energy buildout.

Under the new rules, large-scale battery storage facilities must be located a set distance from homes, schools and other sensitive sites, and are prohibited in certain zoning districts such as residential and business areas. Projects will require independent technical review, on-site fire safety measures beyond water suppression, and systems to contain contaminated runoff if a fire occurs.

The regulations also call for annual training drills for local fire departments and around the clock monitoring through a staffed network operations center, with the goal of detecting problems early and improving coordination during emergencies.

The state’s updates arrive as several East End towns maintain moratoriums on new battery storage proposals. Local leaders have said the new requirements will be reviewed alongside their own zoning laws and safety policies to determine whether they address the concerns that led to those pauses.

Southold Town Supervisor Al Krupski said the town has not yet reviewed the state’s newly released fire codes for lithium-ion battery storage facilities but plans to have its Battery Energy Storage Task Force evaluate the changes alongside recommendations from its ongoing zoning update. The task force, made up of residents and experts, recently concluded its work after months of study into the risks and siting challenges of such facilities.

“We would have to consider those changes… reconcile the task force’s recommendations versus what the state’s saying, and see how it goes into current and future land use,” Krupski said. The moratorium, extended earlier this year, will remain in place until that review is complete.

Krupski supports local control over land use decisions, encouraging state guidance on technical safety standards but opposing ceding authority to Albany. 

“The state should not have a say in local land use,” he said. “It’s good to have state guidance where it’s helpful, but the deciding of that should be a matter of local determination.”

Public safety remains the town’s top concern, he said, and he hopes future advances in energy storage technology will reduce risks. 

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New York State has adopted new fire safety requirements for lithium-ion battery energy storage systems following a 2023 fire at an East Hampton facility that drew widespread concern from residents and first responders. The changes, according to local officials and state summaries, aim to improve siting, oversight and emergency response for the growing number of projects proposed as part of New York’s clean energy buildout.

Under the new rules, large-scale battery storage facilities must be located a set distance from homes, schools and other sensitive sites, and are prohibited in certain zoning districts such as residential and business areas. Projects will require independent technical review, on-site fire safety measures beyond water suppression, and systems to contain contaminated runoff if a fire occurs.

The regulations also call for annual training drills for local fire departments and around the clock monitoring through a staffed network operations center, with the goal of detecting problems early and improving coordination during emergencies.

The state’s updates arrive as several East End towns maintain moratoriums on new battery storage proposals. Local leaders have said the new requirements will be reviewed alongside their own zoning laws and safety policies to determine whether they address the concerns that led to those pauses.

Southold Town Supervisor Al Krupski said the town has not yet reviewed the state’s newly released fire codes for lithium-ion battery storage facilities but plans to have its Battery Energy Storage Task Force evaluate the changes alongside recommendations from its ongoing zoning update. The task force, made up of residents and experts, recently concluded its work after months of study into the risks and siting challenges of such facilities.

“We would have to consider those changes… reconcile the task force’s recommendations versus what the state’s saying, and see how it goes into current and future land use,” Krupski said. The moratorium, extended earlier this year, will remain in place until that review is complete.

Krupski supports local control over land use decisions, encouraging state guidance on technical safety standards but opposing ceding authority to Albany.

“The state should not have a say in local land use,” he said. “It’s good to have state guidance where it’s helpful, but the deciding of that should be a matter of local determination.”

Public safety remains the town’s top concern, he said, and he hopes future advances in energy storage technology will reduce risks.

“Hopefully there will be something that will be as efficient, or more efficient, but not toxic,” Krupski said. While he sees the benefit of battery systems in stabilizing energy supply and connecting to locally produced renewable energy, Krupski said any such facility in Southold would need to be “placed properly” to ensure it does not endanger residents or first responders.

Patrick Derenz, a fire prevention officer for the Town of East Hampton, said he had not yet reviewed the new fire code updates but welcomed the added safeguards.

“We would definitely be in favor of additional safety protocols after, you know, maybe learning some lessons from across the country,” Derenz said. “Here in East Hampton, we experienced [last year’s] fire, and the system operated exactly how you would want it to, and we didn’t experience any harmful adverse effects from it.”

The updated state code includes measures such as explosion control systems, 24/7 facility monitoring, detection systems to quickly alert first responders, and requirements for qualified personnel to be on site within four hours of an alert. The rules also mandate peer review by technical experts and site-specific firefighter training.

Derenz stated that further consulting with the town’s fire marshall and other officials would be necessary for more details. However, he said that such changes could aid in reassuring residents’ concerns about the safety of developing these facilities.

“Anything that helps improve safety and preparedness is a good thing,” Derenz said.

The Town of Southampton recently adopted revised battery energy storage code, which the town board approved unanimously on June 10. The legislation, sponsored by Councilwoman Cyndi McNamara and co-sponsored by Southampton Town Supervisor Maria Moore, uses a tiered permitting system that limits large facilities to light industrial zones and sets 300-foot buffers from residential and community sites.

“To protect the health and safety of the community and prevent a dangerous BESS fire incident, BESS applications with an energy storage capacity that exceeds 600 kWh will not be permitted in any business districts,” the town said in a statement.

McNamara stated in a press release that she believes Southampton’s code has the potential to be a “model for other local municipalities as it takes our unique environmental and geographical issues into account.”

Ryan Murphy, the town’s code compliance and emergency management administrator, said the proposed state updates align with many of the recommendations Southampton reviewed while crafting its local law.

“Features of this proposed code would greatly enhance public and firefighter safety by incorporating many of the recommendations of the [state] Working Group into the new code,” Murphy said. He added that Southampton may seek “locally higher setback and separation distances for added safety” in addition to other zoning regulations.

Moore said the new legislation in Southampton is a “testament to what can be accomplished when we move beyond stalemate and toward thoughtful, solution-oriented governance.”

Shelter Island and Riverhead town officials have yet to comment on the issue, with requests for comments as to whether the new state codes might change their moratorium pending.

Key Capture Energy, a developer which has proposed battery storage facilities on Long Island, said the state’s new fire code should give municipalities confidence to move forward.

“Long Islanders can be confident in the safety of battery energy storage systems,” said Lucia Yu, the company’s manager of development. “Battery storage systems that apply for a permit moving forward will be subject to the newly updated uniform fire code. With the new fire code in place, Long Island towns have what they need to lift the moratorium and begin the review of battery energy storage applications so that developers can start delivering reliable, affordable power to electric customers across Long Island.”

Moratoriums in several East End towns remain in place, with public safety and siting debates likely to continue as New York expands its renewable energy infrastructure. The new state rules, however, will apply to all large-scale battery storage facilities statewide, potentially influencing projects far beyond the East End.