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New Milford council adopts resolution banning commercial battery-energy storage systems
Summary
The New Milford Town Council voted to adopt a legislative moratorium prohibiting commercial battery energy storage systems in town, saying the move expresses local intent and will be used as evidence in state siting reviews even though it cannot override Connecticut—s Siting Council.
The New Milford Town Council voted on Feb. 9 to adopt a legislative moratorium prohibiting commercial battery energy storage systems (BESS) in town, a formal statement of the town—s opposition that councilors say will inform state and regional decision-makers.
Council members debated the limits and value of a municipal moratorium before voting. Town Attorney Randy advised the council that a local moratorium cannot legally preempt the Connecticut Siting Council or state statute, but it does create an official record of municipal opposition that can be submitted as evidence in any Siting Council proceeding or legislative review. "It does not preempt the Siting Council," Randy said, "but it shows a firm position of a municipal entity which is a political subdivision."
Supporters framed the resolution as a precaution and a way to register public concern about safety, emergency response and siting near residential areas. Mayor Bass and several council members said they wanted the town to make clear its stance while state lawmakers and the Energy & Technology Committee consider proposals and clarification of siting authority. "This is a legislative moratorium that sets forth the town—s intent," Mayor Bass said during the discussion.
The resolution as approved prohibits commercial battery energy storage systems and related facilities within New Milford and states the prohibition would remain until modified by a future affirmative vote of the Town Council. The council also amended language during the meeting to specify the moratorium targets commercial-scale facilities rather than small residential batteries.
What it means: The moratorium does not halt a Siting Council application or guarantee a developer cannot pursue a state-level approval, but it memorializes local opposition that town staff and state legislators can include in communications and filings. Councilors and residents who spoke during public comment said they want state regulation and clearer standards for siting and safety before such projects are located near homes.
Next steps: Councilors asked staff to forward the adopted resolution to state legislators and to the Energy & Technology Committee as part of ongoing municipal coordination on the subject.
