group of people standing

Watch the full press conference. 

County Executive Ken Jenkins introduced a proposed notification law today that would enhance the oversight and safety of non-residential Battery Energy Storage Systems (BESS) in Westchester.

The proposed legislation establishes clear notification requirements for municipalities regarding new installations or modifications to existing systems, ensuring that the County maintains up-to-date records and can better coordinate planning and safety efforts.

The new law would:

  • Prevent tragedies by enhancing safety for residents and first responders;
  • Improve communication between the County and municipalities;
  • Ensure the County has up-to-date records of any new BESS installations or modifications to existing systems;
  • Better coordinate planning and safety efforts.

Jenkins said: "The bottom-line is we all need to be on the same page. This legislation underscores Westchester County's commitment to balancing the expansion of renewable energy infrastructure with the highest safety and planning standards. By instituting these notification requirements, we aim to ensure that battery energy storage systems are responsibly integrated into our communities while safeguarding residents and first responders."

Jenkins was flanked by first responders as he announced the proposed legislation at the Department of Emergency Services in Valhalla.

Deputy County Executive Richard G. Wishnie, a former DES commissioner, said, “While these alternative power systems can provide environmentally friendly and economically positive power supplies, when they fail they can cause explosive fires that have proven to be extremely difficult to extinguish while giving off dangerous gases. Knowing where these systems are located, first responders if dispatched to a BESS location will know in advance what precautions they need to protect themselves as well as residents in the area.”

Westchester County Emergency Services Commissioner Susan Spear said:  We appreciate County Executive Jenkin’s leadership on this important, emerging public safety issue. It is crucial that firefighters and first responders know what is on-site before they arrive at a fire or hazmat scene, both for their own safety and for the safety of the surrounding public. This legislation will ensure that our 911 dispatchers have that information to provide to first responders, and that local Fire Departments have the information they need to develop appropriate emergency plans for these facilities.”

New Rochelle Fire Chief and County Fire Advisory Board Chairman Andrew Sandor said: “The Fire Advisory Board, made up of representatives of all Westchester municipalities, fire districts, and career and volunteer fire departments, joins Commissioner Spear in thanking the County Executive for forwarding this critical public safety initiative.  We also thank the Commissioner herself for her guidance throughout this process.  She was and continues to be a main impetus in developing awareness of public safety considerations for clean, renewable energy.”

BESS technology utilizes a battery array to collect and store energy, including from renewable energy sources such as wind and solar. The batteries store that energy until it is released back into the power supply at times of peak demand or a power outage.

The proposed law applies to all new and existing non-residential BESS facilities that are permitted, installed or modified within Westchester County. It also covers modifications, retrofits or replacements to existing systems that increase their designed discharge duration or power rating.

Under the proposed law, municipalities would be required to:

  • Notify the County Emergency Services Commissioner (or designee) within 30 days of learning about any existing Battery Energy Storage Systems;
  • Provide written notice within 30 days of approving plans for new installations or modifications to existing systems, including the issuance of building, electrical or special use permits.

The municipal notifications would be required to include the address of the system’s location, the zoning district designation for the project site, and the size and capacity of the Battery Energy Storage System. Additionally, municipalities would need to provide emergency contact information for the facility owner and operator along with any relevant dates, including when components are expected to arrive on-site, become operational, or were previously made operational.

The law ensures seamless communication between municipalities and the County, complementing existing requirements under New York General Municipal Law §239-m and Westchester County laws. Upon enactment, the DES Commissioner will immediately notify all local municipal planning boards, departments of planning, clerks, and chief executives about the new requirements, ensuring swift compliance and implementation.

The legislation would require the approval of the Westchester County Board of Legislators.