What can the solution be that will serve the Town and its residents the best way possible regarding energy storage units in our Town? Several things come to mind, including developing Energy Storage laws, a Citizens Committee to administrate the application and approval process for proposals of energy storage locations poised and ready to be submitted, in progress and operational or soon-to-go online. Of course, anything that might be put in place could easily be compromised by Mr Feiner and his Town Board, negating any real hope of positive change for the Town. How so you ask? He could go back to his cadre of hand-picked submissives he routinely uses on committees who will do his bidding under the guise of their own genuine concern.
There is a Battery Energy Storage System Model Law Guidebook for Local Governments that exists from NYSERDA, the New York State Energy Research and Development Authority. The Model Law is designed to help local government officials and Authority’s Having Jurisdiction (AHJ) adopt legislation and regulations to responsibly accommodate battery energy storage systems in their communities. The Model Law lays out procedural frameworks and substantive requirements for residential, commercial, and utility-scale battery energy storage systems. So there it is, a no-brainer solution for Mr Feiner, his Town Board and the Town legal department to create and adopt a law regarding battery power storage.
This Model Law references a “Battery Energy Storage System Model Permit” that is available as part of NYSERDA’s Battery Energy Storage Guidebook. The Model Permit is intended to help local government officials and AHJs establish the minimum submittal requirements for electrical and structural plan review that are necessary when permitting residential and small commercial battery energy storage systems.
The Model Law isn’t intended to be adopted precisely as it is written. It’s simply a guide. A municipality is not required to adopt this Model Law. Municipal officials are urged to seek legal advice from their attorneys before enacting a battery energy storage system law. Municipalities must carefully consider how the language in this Model Law may be modified to suit local conditions, comprehensive plans, and existing land use and zoning provisions.
Interestingly, it’s noted that before enacting this Model Law, a comprehensive plan outlining the goals and policies for the installation, operation, maintenance, and decommissioning of battery energy storage systems must be adopted by the local governing board (city or common council, town board, village board of trustees). Some local governing boards can satisfy this requirement by updating an existing comprehensive plan while others must adopt a new comprehensive plan. And while our Comprehensive Plan morphed from a Comp Plan to a political document addressing things that really didn’t matter, it’s an opportunity to right that wrong as well.
There are several other considerations that municipalities should adhere to, including but not limited to, adopting a resolution or policy statement that outlines a strategy for municipal-wide battery energy storage system development. The Town should appoint a Battery Energy Storage Task Force (“Task Force”) that represents all interested stakeholders, including residents, businesses, interested non-profit organizations, the battery energy storage industry, utilities, and relevant municipal officials and staff. The Town should prepare an action plan, adopt or amend a comprehensive plan to include battery energy storage system planning goals and actions, and develop local laws and/or other regulations to ensure the orderly development of battery energy storage system projects with the Task Force being apprised during the development and planning phases of these projects.
The Task Force should conduct meetings on a community-wide basis to involve all key stakeholders, gather all available ideas, identify divergent groups and views, and secure support from the entire community. The Task Force should also conduct studies and determine whether existing policies, plans, and land use regulations require amendments to remove barriers to and facilitate battery energy storage system development goals.
The Town’s Battery laws should always incorporate and establish a training program for first responders, local staff and land use boards. Municipalities are encouraged to utilize State and Federal technical assistance and grants for training programs when available. This should all happen as a partnership with adjacent communities to adopt compatible policies, plan components, and zoning provisions for battery energy storage system projects.
For a change, the Town is in the unique position to do the right thing for all involved. While we are not confident that will happen, we are hopeful that Mr Feiner’s Town Board is less concerned for him to foot their campaign costs and stand up for the residents. During each campaign we hear them all say, “I will fight for you.” And, once in office, they forget who we are. This has to change. To that end, the Planning Board and the Council of Greenburgh Civic Associations have filed appeals questioning the Building Inspector’s interpretation of the Town Zoning Ordinance in connection with the proposed Knollwood Country Club project. The appeals will be heard by the ZBA on February 18, 2021.This is a first step in the right direction. Maybe now we can get closer to getting A Better Greenburgh.
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