Committee postpones battery energy storage easement after legal questions about agreement form

Members postponed Resolution 298, which would authorize the chair of the county legislature to execute an easement with KCNY5 LLC for construction of a battery energy storage system on property at Paradise Lane in the town of New Paltz.

The county executive requested the postponement after legislative counsel and minority counsel sought a written legal opinion from the county attorney about the nature of the proposed agreement—specifically whether the instrument is legally an easement or instead constitutes a lease. Legislator Kovac and others explained that the public‑works committee had previously asked similar questions about the agreement’s form.

Legislative staff said they received an opinion from the county attorney the day before the meeting but needed more time to prepare a fuller written response for the committee. Members supported postponement to allow counsel to provide a written opinion and to ensure the committee has clear answers about rights, obligations and any long‑term implications of the proposed agreement.

Next steps: Legislative council and the county attorney will prepare and provide a written opinion explaining whether the instrument should be treated as an easement or a lease and address any legal or fiscal implications; the committee will revisit the resolution once that documentation is available.