Rethinking Battery Energy Storage Systems with an Energy Storage Road Map
By: Tamika Thomas-Murray
Towns, villages, and boroughs across New York State are working to meet the demanding requirements of the Climate Leadership and Community Protection Act. This legislation has supported the growth of Battery Storage Programs, evolving from small-scale projects mainly used for home resilience to larger Battery Energy Storage Systems ("BESS") projects designed to support resilient communities with a 5MW output to the grid. BESS are viable energy options that help meet the aggressive mandates and aim to reduce greenhouse gas emissions by 2030. However, they have unfortunately faced opposition from communities such as Addisleigh Park in Queens and Mariner’s Harbor on Staten Island.
Although there is strong opposition to BESS, the legal landscape supporting battery energy source systems is strong and advancing in New York. New York defines BESS as one or more devices assembled together that can store energy to supply electrical power later (N.Y.S.A. 2025, A.8141). The state has most recently enacted the Renewable Action through Project Interconnection and Deployment ("RAPID") Act, which expanded New York’s power to expedite major renewable projects, including battery storage facilities of 25 MW or larger, even when communities raise safety concerns. This act confirmed case law, such as Glen Oaks Village Owners Inc. v. City of New York, which states that the State's intent to occupy a field may be expressed or clearly stated in the body of legislation or implied through a policy. Preemption, however, occurs when local laws conflict with or supersede a state law, or when additional restrictions are imposed on a state law. The legal principle of preemption has constrained New York’s legislature from fully empowering local governments to pursue clean energy initiatives, thereby limiting the extent to which communities can shape their own transition to a clean energy future, which may delay New York's clean energy goals.
New York’s BESS systems can operate as both mobile and stationary systems, supporting their versatility and making them easier to deploy across communities in the NYC area. BESS will also play a crucial role in providing reliable and affordable power to New Yorkers while addressing “areas with high energy demand.” Additionally, BESS will support New York’s efforts to meet its greenhouse gas emission reduction goals, improve public health, and mitigate the future impacts of climate change. As BESS are expected to help phase out “peaking” power plants (or “peaker” plants) in the move toward full decarbonization, they will enable communities overburdened by GHG emissions and other harmful chemicals to reduce local air pollution from fossil fuels.
While communities oppose BESS, their placement aims to reduce greenhouse gas emissions. The expansion of BESS in parts of the city is supported by Local Law 97 and the “City of Yes for Carbon Neutrality” zoning regulation. Despite the tension between local opposition and state and city climate goals, the expansion of BESS has begun, driven by the urgent need for sustainable and resilient energy infrastructure. Currently, developers like Ninedot Energy and MicroGrid Networks ("MGN") are community-scale battery storage companies operating in the New York City area.
Opponents of BESS often cite concerns about safety, health, environmental impacts, and limited community benefits, but New York has established strict regulations and FDNY oversight to ensure these systems are properly designed, installed, and maintained. BESS plays a vital role in phasing out fossil fuels, which are linked to asthma, pollution, and climate-driven flooding, while also supporting lower electricity costs and providing opportunities for STEM education, green energy training, and student mentorship. By addressing community concerns and highlighting these benefits, BESS projects can build trust and demonstrate their importance in advancing New York’s clean energy transition, which can also be tracked to create transparency for communities.
This article was written by PECC's Energy and Climate Law Scholar and former extern Tamika Thomas-Murray, a law student at Elisabeth Haub School of Law at Pace University. It was originally published on December 22, 2025, in Volume 1, Issue 3 of the R.E.A.C.T. by PECC Newsletter.
Editors: Mercè Martí I Exposito, Frances Gothard, Carington Lowe