Governor Kathy Hochul on July 26th, announced updates to the New York Fire Code that contains draft code language to address the recommendations from the Governor’s Interagency Fire Safety Working Group. The draft code language includes updates and additions to improve coordination, safety and emergency preparedness in the planning of energy storage projects. As the battery energy storage system (BESS) industry evolves, the proposed recommendations will advance the safe and reliable growth of BESS capacity that is critical to the clean energy transition.

“Battery storage is a key element to building a green economy here in New York, and we have taken comprehensive efforts to ensure the proper safety standards are in place,” Governor Hochul said. “With updating fire codes, we’re ensuring that New York’s clean energy transition is done safely and responsibly.”

Governor Hochul convened the Working Group in 2023 to ensure the safety and security of energy storage systems, following fire incidents at facilities in Jefferson, Orange and Suffolk Counties. The Working Group was tasked with independently examining energy storage facility fires and safety standards and creating a draft Fire Code Recommendations Report.

Interested parties are invited to submit comments relating to the draft code language through the Notice of Rule in Development process with the New York Department of State by September 24, 2024. View The Rule in Development.

Proposed recommendations include:

• Requiring industry-funded independent peer reviews for all BESS installations exceeding energy capacity thresholds established for lithium-ion batteries;
• Requiring that qualified personnel or representatives with knowledge of the BESS installation are 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 a requirement that every BESS facility is equipped with an Emergency Response Plan (ERP) and 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 BESS installations to ensure thorough safety and compliance.

The Working Group collaborated with national labs and other nation-leading subject matter experts to review all existing codes and testing procedures pertinent to the development and electrification of battery energy storage systems and create a draft Fire Code Recommendations Report. In early 2024, NYSERDA requested public comment from subject matter experts and interested stakeholders to provide feedback on the Report. Comments were received, reviewed and incorporated where appropriate by the Working Group.

View the final recommendations from The Working Group.

Secretary of State Walter T. Mosley said, “Lithium-ion batteries and energy storage facilities play a large role in New York’s work toward achieving our clean energy goals. Governor Hochul recognized the importance of putting the proper safety standards in place for this new, but critical, technology, and this draft language based on recommendations from the Governor’s Working Group will help ensure the safe operation of these facilities into the future.”

New York State Division of Homeland Security and Emergency Services Commissioner Jackie Bray said, “DHSES supports the recommendations of The Working Group and the inclusion of updated fire codes and procedures so that we can continue to help protect lives and property using modern practices, equipment and technology.”

President and CEO of the New York State Energy Research and Development Authority Doreen M. Harris said, "As we move toward a clean energy future, these code enhancements, if adopted, will be critical in enhancing the resiliency and efficiency of New York’s grid while prioritizing safety for New Yorkers. NYSERDA commends the New York Department of State for taking swift action to advance the recommendations of the Governor's Interagency Fire Safety Working Group, and looks forward to ongoing collaboration with other state agencies to improve safety and standardize best practices to bolster New York as a national and international leader in fire safety and stationary energy storage systems.”

Department of Environmental Conservation Interim Commissioner Sean Mahar said, “New York State’s multi-agency recommendations for enhanced emergency planning, information sharing, and other precautions will be key to help ensure communities are prepared for potential fires. Battery storage is a critical component to help achieve the State’s ambitious climate goals and the rigorous assessments and changes underway will advance improvements in both operations and public safety.”

Department of Public Service CEO Rory M. Christian said, “Given the importance of protecting the public, the Department will continue its work to ensure safety comes first as we see more and more battery storage facilities become operational. We applaud this joint effort to prevent and mitigate the potential of fire incidents at these energy storage centers.”

New York State's Nation-Leading Climate Plan

New York State's climate agenda calls for an orderly and just transition that creates family-sustaining jobs, continues to foster a green economy across all sectors and ensures that at least 35 percent, with a goal of 40 percent, of the benefits of clean energy investments are directed to disadvantaged communities. Guided by some of the nation’s most aggressive climate and clean energy initiatives, New York is advancing a suite of efforts – including the New York Cap-and-Invest program (NYCI) and other complementary policies – to reduce greenhouse gas emissions by 40 percent by 2030 and 85 percent by 2050 from 1990 levels. New York is also on a path toward a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030 and economy-wide carbon neutrality by mid-century. A cornerstone of this transition is New York's unprecedented clean energy investments, including more than $28 billion in 61 large-scale renewable and transmission projects across the State, $6.8 billion to reduce building emissions, $3.3 billion to scale up solar, nearly $3 billion for clean transportation initiatives and over $2 billion in NY Green Bank commitments. These and other investments are supporting more than 170,000 jobs in New York’s clean energy sector as of 2022 and over 3,000-percent growth in the distributed solar sector since 2011. To reduce greenhouse gas emissions and improve air quality, New York also adopted zero-emission vehicle regulations, including requiring all new passenger cars and light-duty trucks sold in the State be zero emission by 2035. Partnerships are continuing to advance New York’s climate action with more than 400 registered and more than 130 certified Climate Smart Communities, over 500 Clean Energy Communities, and the State’s largest community air monitoring initiative in 10 disadvantaged communities across the State to help target air pollution and combat climate change.