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Canajoharie enacts ban on utility-scale battery energy storage systems
Summary
The Canajoharie Town Board adopted Local Law No. 1 of 2026, after a SEQRA review and negative declaration, prohibiting utility-scale battery energy storage systems (BESS) in town limits; the law defines utility-scale BESS as systems with aggregate capacity greater than 600 kWh and takes effect upon filing with the New York Secretary of State.
The Town Board of Canajoharie voted to adopt Local Law No. 1 of 2026, titled "Prohibition on Utility Scale Battery Energy Storage Systems," after completing environmental review under SEQRA and adopting a negative declaration.
The resolution and local law, sponsored by Councilman Michael Ehrenreich and seconded by Councilman Arthur Ulman, amend the town zoning law to "wholly prohibit review, approval, construction, and operation of Utility Scale BESS within the Town of Canajoharie." The law includes a definition that describes a utility-scale system as "one or more devices... with an aggregate energy capacity greater than 600kWh." The local law states it takes effect upon filing with the New York Secretary of State and that any conflicts with earlier local law provisions related to solar collector systems will be superseded for qualifying BESS.
In adopting the law the board recorded completion of the town's environmental review, including Parts 1–3 of the Full Environmental Assessment Form, and authorized the Town Supervisor to sign Part 3 of the EAF and directed the Town Clerk to file the negative declaration as required by SEQRA regulations. The resolution notes the Town referred the proposed law to the Montgomery County Planning Board pursuant to General Municipal Law § 239-m; that board returned no action due to lack of quorum.
The text of the local law cites safety concerns as the basis for the prohibition, stating that "Utility Scale BESS pose a unique safety hazard with regard to the technology used in such batteries and the tendency of the batteries to catch fire" and noting that much of the town lacks public firefighting water supply, which the board said would place additional burdens on volunteer fire companies. The law repeals the town's prior moratorium on BESS placement and imposes the town's standard zoning enforcement remedies and penalties for violations.
