Town Board authorizes attorney to draft battery-storage rules, seeks updates to solar law

The Grand Island Town Board voted to engage the town attorney/consultant to draft a battery-storage ordinance and to update the existing solar code to account for new technology and site-plan safety standards.

Why it matters: Board members said they want clear local standards for battery storage—particularly for larger, utility-scale installations—so applications do not proceed without defined public-safety and siting criteria. The board approved an engagement letter authorizing the consultant to prepare draft language addressing small- and large-scale storage, safety and review criteria.

What the board approved

The board approved a motion authorizing the supervisor to sign an engagement letter with the town's planning/law consultant to draft battery-storage regulations and update the solar law. The motion passed by unanimous voice vote.

Consultant's framing and recommended safeguards

The consultant (Bridget/Bridgette) told the board battery storage is currently treated as allowed in zoning when paired with onsite solar or for small rooftop household systems, but large standalone storage presents different concerns. The consultant recommended distinguishing small-scale, on-site storage from larger, utility-scale systems and said the municipality should require any larger system to go through a special-use/site-plan review with specific technical submittals.

The consultant recommended incorporating product-level safety evidence into the local review process. She noted an approach used elsewhere in New York: requiring applicants to demonstrate factory or third-party testing and approvals accepted by bodies such as FDNY for the specific battery product proposed. "If it's safe enough to go on a building that people live in, it's probably safe enough to be 1,500 feet away from a property line," she said, summarizing why product testing can inform setbacks and other site requirements.

Other technical topics raised

Board members and the consultant discussed fire-suppression systems, on-site foam systems, concrete pads and setbacks; the consultant said many large storage units are modular, containerized systems with integrated suppression and that the law can require self-contained suppression and specific separation distances so that, if a fire occurs, it will not endanger neighboring properties. The board asked the consultant to draft stringent safety criteria but to avoid writing rules that would effectively ban the use, a legal risk the consultant identified in earlier remarks: "This is a utility. We cannot zone out the use," she said, explaining that an outright ban could be preempted by state utility law.

Process and next steps

The consultant will draft ordinance language consistent with the current solar law's structure, propose definitions for small vs. large systems and recommend review triggers (minor/major) and specific safety submittal requirements for special-use/site-plan applications. The board asked that the consultant try to keep the solar-law updates and battery ordinance work on the same timeline to allow coordinated public hearings and a combined adoption schedule.

Ending

The board authorized the engagement and directed the consultant to return with draft language. Board members emphasized safety, clear submittal standards (including product testing and suppression specifications) and coordinating any overlay or zoning-area guidance with existing solar projects and transmission connections.