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Warwick schedules July 23 hearing on strict local battery energy storage law; board assumes SEQR lead agency
Summary
The town board declared itself lead agency under SEQR and scheduled a July 23 public hearing for a proposed battery energy storage systems law that would allow small-scale on-site batteries but restrict utility-scale facilities (greater than 1 megawatt-hour) through rigorous permitting, setbacks, insurance and decommissioning requirements.
On June 25 the Town of Warwick Board voted to assume lead agency status under the New York State Environmental Quality Review Act (SEQR) and classified the proposed battery energy storage systems local law as a Type I action. The board directed that a public hearing be held on July 23, 2026 (1 p.m.), and the supervisor said the draft law will be posted on the town website in advance.
Supervisor Dwire summarized key provisions included in the draft: the law would broadly allow residential and small commercial battery backup systems while effectively excluding utility-scale battery installations larger than 1 megawatt-hour through strict setbacks and prohibited locations (near homes, schools, hospitals, parks, aquifer protection districts, flood zones and historic resources). The proposal requires enhanced fire-safety protections, third-party inspections, 24/7 monitoring, emergency-response planning, annual first-responder training paid by the facility owner, mandatory liability insurance, decommissioning funds, groundwater protections, stormwater controls, and a comprehensive permitting process including engineering and emergency-response analyses.
The supervisor emphasized the town’s aim to permit on-site backup batteries while limiting larger-scale facilities, and encouraged public review and comment once the proposed local law is posted. The board took the procedural step to assume SEQR lead agency and scheduled the public hearing; the board instructed staff to post the draft law and comment instructions on the town website.
