New York State lawmakers are advancing bills to expand state-level permitting authority over large-scale battery energy storage systems, as a wave of local moratoriums blocks development and slows the state's clean energy buildout.
Background
Under current law, New York's Office of Renewable Energy Siting (ORES) lacks jurisdiction over standalone battery energy storage systems (BESS). Only BESS co-located with renewable generation of 25 MW or greater qualifies for state-level review. That regulatory gap leaves standalone storage projects subject to highly variable local permitting regimes.
Permitting requirements for energy storage vary widely across local jurisdictions, discouraging deployment and slowing clean energy progress. Many municipalities lack the personnel, funding, or expertise to handle energy storage permitting applications and safety reviews. As a result, over 100 areas have imposed local moratoriums on energy storage, with continued extensions having impacted at least 1,067 MW of energy storage projects.
New York leads the nation with 98 BESS moratoriums across 37 counties, according to Carina Energy research. Overall, 38 of New York's 62 counties have at least one active moratorium.
The moratorium wave has unfolded against a backdrop of growing interconnection backlogs. The NYISO interconnection queue backlog has doubled from 176 projects in 2018 to 350 projects in 2025, reflecting a national trend of lengthening project timelines. NYISO has adopted a batch cluster process for all projects submitted after January 2023, aiming to reduce the typical five-plus-year wait from interconnection request to commercial operation.
Details
The primary legislative vehicle is Senate Bill S5506, introduced by Sen. Brian Kavanagh, and its Assembly companion A8378, introduced by Asm. Dana Levenberg. The bills would expand ORES's authority to include siting applications for qualified energy storage facilities statewide, with the stated goal of reducing emissions from older, highly polluting plants and ensuring the state meets its 100 percent renewable energy targets.
S5506 and A8378 were introduced in early 2025 and referred to the Energy and Telecommunications Committee, where they remained as of April 2026, having passed neither chamber.
A separate measure, Senate Bill S7197, introduced by Sen. Joseph Addabbo, takes a different approach. That bill would direct the Department of Public Service to promulgate setback requirements for BESS siting, mandating minimum setbacks of no less than 1,000 feet from residential property for commercial energy storage systems with a capacity of five megawatts or greater and requiring public hearings prior to permit approval.
On the residential side, Senate Bill S5781 and Assembly Bill A6270B would require municipalities with populations exceeding 5,000 to adopt automated permitting platforms for solar and storage systems. The bills would require all authorities having jurisdiction over a population exceeding 5,000 residents to adopt a residential automated solar permitting platform by June 30, 2026.
Meanwhile, the state's existing renewable permitting framework continues to evolve. On October 22, 2025, ORES released revised proposed regulations to implement the Renewable Action Through Project Interconnection and Deployment (RAPID) Act, enacted to accelerate siting of major renewable energy facilities of 25 MW or more and major electric transmission facilities of 125 kV or more. ORES now administers environmental review, permitting, and siting of these facilities under a new Article VIII process. The revised regulations clarify, however, that battery energy storage systems not co-located with a major renewable energy facility remain outside ORES jurisdiction.
Opposition to the permitting expansion has emerged at both the legislative and community levels. Critics argue that S5506 would transfer approval and siting of energy storage projects to an unelected state agency, overriding local moratoriums and zoning laws enacted for public safety. Several municipalities, including Carmel and Yorktown, have passed resolutions opposing the legislation. Opponents cite documented BESS fires in New York communities-including in Lyme, the Hamptons, and Warwick-as grounds for maintaining local oversight.
Proponents of expanded ORES authority, including industry group ACE NY, have formally endorsed S5506 and A8378 in legislative memos. ORES already permits coordinated review of siting applications for renewable energy generators, and supporters argue that extending the same process to energy storage facilities would reduce investment and development risk.
Outlook
Pending legislation S5506 and A8378 would expand ORES jurisdiction to include standalone energy storage, but neither bill had passed as of April 2026. Most of the state's active local moratoriums carry defined expiration dates, with a significant cluster expiring in mid-to-late 2026-a timeline that may shift the political calculus for developers and legislators alike. If enacted, the reforms would represent the most significant restructuring of New York's large-scale energy storage permitting framework to date, with direct implications for project timelines, siting economics, and NYISO queue dynamics.
