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Senate bill · S5208 (2025-26)

Relates to notice and inspection requirements for battery energy storage systems in a city with a population with one million or more

New York State Senate

Latest action Jun 5, 2026

Sponsor: Jessica Scarcella-Spanton (State Senator, District 23, Democratic)

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From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 19, 2026. About our data

Summary

Requires community boards to provide public notice of any planned siting and construction of battery energy storage systems and to provide for annual inspections of such battery energy storage systems; defines "battery energy storage systems"; requires operators of such battery energy storage systems to submit to the requirements of community boards regarding notice and inspection requirements.

Summary from NY Open Legislation. How we handle summaries

Purpose, from the sponsor's memo

Battery energy storage systems (BESSs) are emerging as new technology to help use energy from existing sources when it is both inexpensive and readily available and redistribute it to distribution grids during times of peak demand when existing power grids are under the greatest load demand and therefore supply is low and pricing is high. However, with this new technology there is a need for regulatory notification and inspection for the purpose of community safety.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Out of committee and scheduled for a vote by the full chamber.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Cities 1 · New York State Senate

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The sponsor's argument

Why Jessica Scarcella-Spanton says this is needed

Safety risks are the single biggest factor adding friction to the deployment of more BESS capacity. Today's most cost effective BESSs are based on lithium-ion battery chemistries with inherent fire safety concerns. Many of the best BESSs use cases are situated in dense urban environments like NYC, where power delivery is constrained. Although there are existing guidelines on BESSs there is a need to make sure that there is compliance and routine inspections conducted on these systems for overall public safety. There is also a need for accountability with residents and community boards by way of public outreach, addressing complaints and concerns. The Department of Information Technology and Telecommunications will be required to maintain a website that provides adequate public notice of upcoming meetings, past meeting notes and accessible contact information, based on the placement of BESSs, general maintenance and construction of BESSs. Annual safety inspections of any battery energy storage system and related facilities, systems, infrastructure and substations of any scale and possessing any storage capacity, including, but not limited to, those deploying lithium-ion batteries located in the community districts should be prioritized.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Committee vote · Cities 1

    Senate Cities 1May 7, 2026Result: passed

    (7) (0) (0) (0)
  • Vote: Committee vote · Cities 1

    Senate Cities 1May 6, 2025Result: passed

    (7) (0) (0) (0)

Full history

  1. Jun 5, 2026

    In committee

    COMMITTED TO RULES

    NY Senate

  2. May 12, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  3. May 11, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  4. May 7, 2026

    1ST Report CAL.992

    1ST REPORT CAL.992

    NY Senate

  5. Jan 7, 2026

    Referred to committee

    REFERRED TO CITIES 1

    NY Senate

Show full history (5 earlier events)
  1. Jun 13, 2025

    In committee

    COMMITTED TO RULES

    NY Senate

  2. May 8, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  3. May 7, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  4. May 6, 2025

    1ST Report CAL.964

    1ST REPORT CAL.964

    NY Senate

  5. Feb 19, 2025

    Referred to committee

    REFERRED TO CITIES 1

    NY Senate

Read the record