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Batavia council introduces six‑month moratorium on battery energy storage system permits; public hearing set March 23
Summary
The City Council introduced a local law imposing a six‑month moratorium on review and approval of applications and permits for battery energy storage systems while the city studies safety, siting, emergency response and code updates; council scheduled a public hearing March 23, 2026 at 5:30 p.m.
The Batavia City Council on March 9 introduced Local Law No. 2 of 2026 to impose a six‑month moratorium on the review, approval and issuance of permits for Battery Energy Storage Systems (BESS) in the city while staff and boards study safety, siting and code revisions.
Councilmember McGinnis moved to introduce the local law and set a public hearing for 5:30 p.m. March 23, 2026 in the Council Board Room; the motion was seconded by Councilmember DiSalvo and approved 9‑0. The moratorium would suspend acceptance and review of new or pending land‑use applications for BESS — including site plans, building permits, special use permits, variances and zoning changes — but it expressly exempts projects currently under construction or those with final approvals already granted.
Minutes accompanying the draft local law cite public and emergency‑response concerns about lithium‑ion battery fires at BESS facilities in New York since May 2023, the Governor’s Inter‑Agency Fire Safety Working Group recommendations (Feb. 6, 2024) and adoption of updated energy storage safety codes in July 2025 (effective Jan. 1, 2026). The draft lists topics the City intends to study during the moratorium: fire suppression and emergency response capacity, thermal runaway and off‑gassing risks, groundwater contamination mitigation, and siting standards to limit proximity to residences and environmentally sensitive areas.
The local law text in the minutes defines a BESS as “one or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time,” and states the moratorium would take effect immediately upon filing with the New York Secretary of State if adopted following the public hearing. The March 23 hearing will give the public opportunity to comment before the Council decides whether to adopt the moratorium.
