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Merrick trustees to consider six-month moratorium, study on utility-scale battery energy storage systems

Village of Merrick Board of Trustees · September 9, 2024
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Summary

Village staff proposed a six-month moratorium on permitting utility-scale battery energy storage systems while the village studies zoning, safety and firefighting implications; the proposal would exempt small residential systems tied to rooftop solar and could lead to a public hearing in two weeks.

Village staff presented a draft local law to impose a six-month moratorium on permitting utility-scale battery energy storage systems while officials conduct a study and consider local regulations.

Mary, identified in the meeting as the municipal code/zoning expert, described the systems and cited recent fires: "There were 3 fires in New York where these battery energy storage systems experienced thermal runaway, which means the temperature of these facilities went up to over 1000 degrees in milliseconds. They released caloric gas," she said, arguing that municipalities should study land-use rules and safety protocols before permitting large installations.

The draft moratorium would give the village six months to study appropriate regulations and exempts small residential storage systems tied to solar. Counsel and staff said an applicant has submitted materials in a pre-application phase and that questions remain about whether a facility could be allowed under existing code definitions (for example, whether it would be treated as a transmission or transformer facility). Trustees agreed the topic merits a public hearing and asked staff to schedule a hearing shortly (the board discussed placing the hearing on the agenda in two weeks). No moratorium ordinance was adopted during the work session.

Trustees also discussed the village’s dense built environment and the need for the local fire department and outside agencies to assess response protocols for larger storage facilities. The board asked staff to prepare materials for a public hearing and to consider model regulations used by neighboring municipalities.