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Batavia adopts six‑month moratorium on battery energy storage system permits
Summary
The City Council unanimously adopted Local Law No. 2 of 2026, imposing a six‑month moratorium on review and approval of applications and permits for Battery Energy Storage Systems (BESS) while the city studies safety, siting and emergency-response issues. The vote was 7–0.
The Batavia City Council adopted Local Law No. 2 of 2026 on April 13, imposing a six‑month moratorium on the review and approval of applications and permits for Battery Energy Storage Systems (BESS) within the city.
The ordinance was introduced by motion of Councilmember David Twichell, seconded by Councilmember Schmidt, and passed on a roll call vote of 7–0 (Councilmembers Viele and Lord absent). It takes effect immediately upon filing with the New York State Secretary of State as provided in the text.
The local law cites public- and emergency-response concerns about the “potentially volatile nature of lithium-ion batteries,” references three BESS facility fires in New York since May 2023 and notes formation of a state Inter‑Agency Fire Safety Working Group convened by Governor Kathy Hochul. The law also references updated New York energy storage safety codes adopted in July 2025 and effective January 1, 2026. According to the adopted language, the moratorium will suspend acceptance and review of new and pending land‑use applications, including site plan approvals, building permits, variances and other land-use approvals for BESS, while the city studies safety, siting, fire suppression and emergency-response requirements.
The adopted local law includes several specific provisions: the Planning and Development Committee and Zoning Board of Appeals will not accept new applications related to BESS during the moratorium; the Building Department will not accept building permits or issue Certificates of Occupancy for BESS; and projects already under construction or with final approvals are not subject to the moratorium. The law states the city intends to study topics including thermal runaway, off‑gassing, toxicity, emergency responder equipment and training, and potential environmental impacts to groundwater.
Council President Jankowski presided over the session; the adoption followed presentation of the proposed local law and a roll-call vote. No amendments were recorded at the meeting and the council did not record any dissenting votes.
Next steps: the moratorium provides the city six months to study and propose revisions to the City Code related to BESS siting, safety and procedures; staff and committees will be expected to prepare analysis and recommended code changes during that period.
