[HISTORY: Adopted by the Town Board of the Town of Berne 11-18-2020 by L.L. No. 2-2021. Amendments noted where applicable.]
Town of Berne Small-Scale Battery Energy Storage System Law.
The Town Board of the Town of Berne enacts this chapter under
the authority granted by § 10 of the New York State Municipal
Home Rule and the New York State Town Law.
This Battery Energy Storage System Law is adopted to advance
and protect the public health, safety, and welfare of Town of Berne
by creating regulations for the installation and use of battery energy
storage systems, with the following objectives:
A.
To provide a regulatory scheme for the designation of properties
suitable for the location, construction and operation of battery energy
storage systems;
B.
To protect the health, welfare, safety, and quality of life for the
general public;
C.
To ensure compatible land uses in the vicinity of the areas affected
by battery energy storage systems;
D.
To mitigate the impacts of battery energy storage systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources; and
E.
To be consistent with the Town of Berne Comprehensive Plan (adopted
April 12, 2017).
As used in this chapter, the following terms shall have the
meanings indicated:
American National Standards Institute.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this chapter, batteries utilized in consumer products are excluded
from these requirements.
An electronic system that protects storage batteries from
operating outside their safe operating parameters and generates an
alarm and trouble signal for off normal conditions.
A rechargeable energy storage system consisting of electrochemical
storage batteries, battery chargers, controls, power conditioning
systems and associated electrical equipment designed to provide electrical
power to a building. The system is typically used to provide standby
or emergency power, an uninterruptible power supply, load shedding,
load sharing, or similar capabilities. A small-scale battery energy
storage system is classified as a Tier 1 or Tier 2 battery energy
storage system as follows:
Tier 1 battery energy storage systems include either:
Battery energy storage systems for one- to two-family residential
dwellings within or outside the structure with an aggregate energy
capacity that shall not exceed:
Other battery energy storage systems with an aggregate energy
capacity less than or equal to the threshold capacity listed in Table
1.
Tier 2 battery energy storage systems include: battery energy
storage systems that are not included in Tier 1, have an aggregate
energy capacity greater than the threshold capacity listed in Table
1, and have an aggregate energy capacity less than 600 kWh.
|
Table 1: Battery Energy Storage System Tier 2 Threshold Quantities
| |
|---|---|
|
Battery Technology
|
Capacity
(kWh)
|
|
Flow batteries
|
20
|
|
Lead acid, all types
|
70
|
|
Lithium, all types
|
20
|
|
Nickel cadmium (Ni-Cd)
|
70
|
|
Nickel metal hydride (Ni-MH)
|
70
|
|
Other battery technologies
|
10
|
A systematic process that provides documented confirmation
that a battery energy storage system functions according to the intended
design criteria and complies with applicable code requirements.
A building that is built for the primary intention of housing
battery energy storage system equipment and is classified as Group
F-1 occupancy as defined in the International Building Code. It is
constructed in accordance with the Uniform Code, and it complies with
the following: The building's only permitted primary use is for
battery energy storage, energy generation, and other electrical-grid-related
operations.
Occupants in the rooms and areas containing battery energy storage
systems are limited to personnel that operate, maintain, service,
test, and repair the battery energy storage system and other energy
systems.
No other occupancy types are permitted in the building.
Administrative and support personnel are permitted in incidental-use
areas within the buildings that do not contain battery energy storage
system, provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the incidental-use areas
to a public way that does not require occupants to traverse through
areas containing battery energy storage systems or other energy systems.
One or more rooms arranged for complete, independent housekeeping
purposes with space for eating, living, and sleeping; facilities for
cooking; and provisions for sanitation.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
The fire code section of the New York State Uniform Fire
Prevention and Building Code adopted pursuant to Article 18 of the
Executive Law, as currently in effect and as hereafter amended from
time to time.
A type of rechargeable battery that uses typically large,
separated liquid reservoirs of electrolytes that flow through a reaction
zone to store, charge, and discharge energy. These electrolytes are
typically nonflammable.
A rechargeable battery that is comprised of lead electrodes
immersed in sulphuric acid electrolyte. These batteries may be flooded,
vented, sealed, or may come in other form factors. They may produce
hazardous gases during normal operations.
A storage battery with lithium ions serving as the charge
carriers of the battery. The electrolyte is typically a mixture of
organic solvents with an inorganic salt and can be in a liquid or
a gelled polymer form.
A United States Department of Labor designation recognizing
a private sector organization to perform certification for certain
products to ensure that they meet the requirements of both the construction
and general industry OSHA electrical standards.
National Electric Code.
National Fire Protection Association.
A rechargeable battery in which the positive active material
is nickel oxide, the negative contains either cadmium (nickel-cadmium,
Ni-Cd), hydrogen ions stored in a metal-hydride structure (nickel-metal
hydride, Ni-MH), or zinc (nickel-zinc, Ni-Zn) as the electrode and
the electrolyte is potassium hydroxide.
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements, including
all other occupancy types such as, but not limited to, commercial,
industrial, office, and multifamily housing.
Any property that is not a participating property.
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, including but not limited to schools,
colleges, day-care facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
A building that contains not more than two dwelling units
with independent cooking and bathroom facilities.
A battery energy storage system host property or any real
property that is the subject of an agreement that provides for the
payment of monetary compensation to the landowner from the battery
energy storage system owner (or affiliate) regardless of whether any
part of a battery energy storage system is constructed on the property.
A small-scale battery energy storage system includes both
Tier 1 and 2 systems for residential, business or farm use.
The land area covered by the floodwaters of the base flood
is the special flood hazard area (SFHA) on NFIP maps. The SFHA is
the area where the National Flood Insurance Program's (NFIP's)
floodplain management regulations must be enforced and the area where
the mandatory purchase of flood insurance applies.
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently
in effect and as hereafter amended from time to time.
The requirements of this chapter shall apply to all battery
energy storage systems permitted, installed, or modified in Town of
Berne after the effective date of this chapter, excluding general
maintenance and repair.
A.
Battery energy storage systems constructed or installed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter with the exception of requirements detailed in § 158-9, Safety.
B.
Modifications to, retrofits or replacements of an existing battery
energy storage system that increase the total battery energy storage
system designed discharge duration or power rating shall be subject
to this chapter.
A.
A battery energy storage systems permit, a building permit, and an
electrical permit shall be required for installation of all battery
energy storage systems.
B.
All battery energy storage systems, all dedicated-use buildings,
and all other buildings or structures that: 1) contain or are otherwise
associated with a battery energy storage system; and 2) are subject
to the Uniform Code (19 NYCRR Parts 1220, 1221, 1225 and 1227) or
the Energy Code shall be designed, erected, and installed in accordance
with all applicable provisions of the Uniform Code, all applicable
provisions of the Energy Code, and all applicable provisions of the
codes, regulations, and industry standards as referenced in the Uniform
Code, the Energy Code and the Town of Berne Code.
Tier 1 battery energy storage systems shall be permitted in
all zoning districts and shall be subject to the "battery energy storage
system permit," a completed inspection checklist (Appendix 1 of permit
and exempt from site plan review).
A.
Tier 2 battery energy storage systems shall be permitted in all zoning
districts, shall be subject to the Uniform Code (19 NYCRR Parts 1220,
1221, 1225 and 1227) and the "battery energy storage system permit,"
a completed inspection checklist (Appendix 1 of permit, and site plan
subject to approval of the Planning Board).
B.
Signage.
(1)
The signage shall be in compliance with ANSI Z535 and shall include
the type of technology associated with the battery energy storage
systems, any special hazards associated, the type of fire suppression
system if installed in the area of battery energy storage systems,
and twenty-four-hour emergency contact information, including a reach-back
phone number.
(2)
As required by the NEC, disconnect and other emergency shutoff information
shall be clearly displayed on a light reflective surface including
a clearly visible warning sign concerning voltage.
A.
System certification.
(1)
Battery energy storage systems and equipment shall be listed by a
nationally recognized testing laboratory to UL 9540 or CAN 9540 (standard
for battery energy storage systems and equipment) with subcomponents
meeting each of the following standards that are applicable based
on the storage type (electrochemical, thermal, mechanical):
(a)
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle
Auxiliary Power and Light Electric Rail Applications);
(b)
UL 1642 (Standard for Lithium Batteries);
(c)
UL 1741 or UL 62109 (inverters and power converters);
(d)
Certified under the applicable electrical, building, and fire
prevention codes as required.
(e)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540 and applicable codes, regulations and
safety standards may be used to meet system certification requirements.
(2)
Lead-acid and nickel-cadmium battery systems installed in facilities
under the exclusive control of communications utilities and operating
at less than 50 VAC and 60 VDC in accordance with NFPA 76 are not
required to be listed.
B.
Signage to be consistent with most-current guidance from NFPA and/or
Uniform Code.
C.
Site access. Battery energy storage systems shall be maintained in
good working order and in accordance with industry standards. Site
access shall be maintained, including snow removal at a level acceptable
to the local fire department and the local ambulance corps.
D.
Battery energy storage systems, components, and associated ancillary
equipment shall have required working space clearances, and electrical
circuitry shall be within weatherproof enclosures marked with the
environmental rating suitable for the type of exposure in compliance
with NFPA 70.
A battery energy storage system permit shall be valid for a
period of 24 months, provided that a building permit is issued for
construction and/or construction is commenced. In the event construction
is not completed in accordance with the final site plan, as may have
been amended and approved, as required by the Planning Board, within
24 months after approval, the applicant or the Town of Berne may extend
the time to complete construction for 180 days. If the owner and/or
operator fails to perform substantial construction after 36 months,
the approvals shall expire.
Any violation of this Battery Energy Storage System Law shall
be subject to the same enforcement requirements, including the civil
and criminal penalties, provided for in the zoning or land use regulations
of Town of Berne.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
