Hempstead board enacts one-year moratorium on large battery storage projects after lengthy public comment

The Hempstead Town Board voted unanimously on Feb. 25 to adopt a temporary one-year moratorium on large-scale battery energy storage system (BESS) facilities, approving the measure by roll call during a public meeting at Hempstead Town Hall.

The moratorium, described by the town attorney as a pause intended to allow the board time to consider safety, zoning and regulatory issues, drew dozens of speakers from Island Park, Long Beach, Point Lookout and surrounding communities. Speakers urged both a permanent ban and stronger local codes; others urged the board to adopt local standards rather than halt projects.

Town Attorney (unnamed) opened the discussion by asking board members to refrain from answering questions from the public, saying, “there could be litigation, and anything you say tonight may have an effect on that,” and noting he was “in possession of a letter from the Nassau County Fire Commission, office of the fire marshal, which indicated ... they have revoked a permit for that site.”

Congressman Anthony D'Esposito urged the board to act and said the issue reflected state-level overreach; D'Esposito told the board, “We have an opportunity tonight ... to put a moratorium on large scale lithium battery storage facilities,” and said he would favor banning them permanently. Mayor Michael McGinty of Village of Island Park called for a permanent moratorium, saying the proposed facilities represent “a direct and imminent threat” to volunteer first responders and nearby residents.

Many Island Park residents described safety and health concerns tied to lithium-ion battery fires and cited the January Moss Landing, California, incident as a cautionary example. Speakers voiced worries about toxic smoke, possible impacts to groundwater and the Lloyd aquifer, risks to children and schools near proposed sites, potential insurance and property-value impacts, and the limited capacity of volunteer fire departments to respond to such events.

Opponents of a ban argued for local regulation rather than prohibition. George Poval, executive director of the nonprofit All Our Energy, said the town should “establish your own codes” and urged the board to design standards and training so that projects could be “well regulated and well built.” Other speakers, including Steve Ralston and Kevin O'Keefe, said battery storage can lower bills, improve grid resiliency and reduce reliance on fossil-fuel peaker plants.

Board members approved the temporary local law by roll call: Supervisor Clavin, Councilman Dunne, Deputy Supervisor Goosby, Councilwoman Miller, Councilman Muscarella, Councilwoman Ryder and Councilman Schneider voted aye. The town attorney stated the moratorium is one year unless the town board decides to shorten or extend it.

The board did not adopt a permanent ban at the meeting. The moratorium will give town staff time to draft local rules or recommend other actions; the transcript records speakers offering a range of next steps from establishing local codes to pursuing a full ban.

The revocation letter from the Nassau County Fire Commission regarding the Island Park site was entered into the meeting record by the town attorney; the board also received letters of support for the moratorium from state legislators and the Island Park School District, according to the transcript.

Next steps recorded in the meeting: the moratorium takes effect after the vote for up to one year, and the board may consider code-writing, additional studies or extensions before that period ends.