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Warwick board opens public hearing on strict local law to limit battery energy storage systems
Summary
The Town of Warwick on July 23 opened a public hearing on Introductory Local Law No. 5 (BESS), which would ban utility-scale battery facilities, cap installations at 1 MWh, and impose setbacks, enhanced fire-safety standards, and financial protections; the hearing will remain open through at least Aug. 13.
The Town of Warwick on July 23 opened a public hearing on Introductory Local Law No. 5 of 2026, a proposed zoning amendment that would regulate battery energy storage systems (BESS) across the town. The Chair read the law and a prepared summary, saying the proposal "establishes one of the most restrictive and comprehensive battery energy storage system regulations in New York State," and inviting public and written comment through the board's August meeting cycle.
The draft would prohibit utility-scale battery facilities and effectively bar installations greater than 1 megawatt-hour within the town, while allowing smaller systems under a three-tier classification: residential small systems (~80 kWh), medium on-site systems, and larger Class 2 systems (up to 1 MWh) that would be subject to special approvals and reviews. The Chair highlighted multiple setback rules — no Class 1 or Class 2 systems within 1,000 feet of residences, and no Class 2 systems within 0.5 mile of hospitals, schools, libraries, nursing homes, nurseries or adult day care facilities — and said systems would also be disallowed in aquifer protection districts, FEMA flood zones and near historic resources.
The law would require enhanced fire-safety compliance (citing NFPA testing standards, the New York State Fire Code and NYSERDA guidance), mandatory 24/7 remote monitoring, third-party fire inspections, detailed emergency-response plans and annual training with local emergency responders. It also calls for operator liability protections — indemnification of the town, insurance naming the town as additional insured, and a decommissioning fund — and requires applicants for larger systems to submit engineering studies, air dispersion modeling, interconnection studies and proof of operational experience and financial capability. The Chair said the hearing will remain open at least through the evening meeting on Aug. 13 to allow for additional written comments that may be incorporated into the proposed law.
The hearing record and a copy of Local Law No. 5 are on file in the town clerk's office and available at townofwarwickny.gov; written comments may be submitted electronically to the clerk or by mail to Warwick Town Board, 132 Kings Highway.
