Trending
The town of Ellicott has passed a Local Law regulating battery energy storage systems.
No one spoke at a public hearing on the local law held early this month. Large-scale BESS systems will not be permitted in the town.
Small-scale BESS systems will be allowed in certain areas of the town, with the local law setting several conditions on their installation. The local law says regulating battery energy storage systems will provide for and protect the public safety, welfare, health and well-being of the persons and property in Ellicott. Small-scale Battery Energy Storage Systems are allowed as accessory uses in all zoning districts upon issuance of a building permit and "Battery Energy Storage System Permit" from the town code enforcement officer. Small-scale Battery Energy Storage Systems for business or farm operations are allowed, but if they require modification to the existing site of a business or farm the project is subject to a site plan review. Any small-scale BESS systems will also require any regulatory approvals and permits from all federal, state, county and local agencies having jurisdiction and approval powers.
Battery energy storage systems and equipment have to be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage systems and Equipment) or approved equivalent, with subcomponents meeting each of the following standards as applicable:
– UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications),
– UL 1642 (Standard for Lithium Batteries),
– UL 1741 or UL 62109 (Inverters and Power Converters),
– Certified under the applicable electrical, building, and fire prevention codes as required.
Battery energy storage systems have to 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 fire department and emergency services. 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.
There had been discussion of a more wide-ranging prohibition on BESS systems in the town, but the location of Electrovaya inside the town’s limits and the company’s intention to demonstrate its proprietary BESS system at its Precision Way factory prompted town officials to opt for a local law that would allow small-scale battery storage to operate without a variance. Councilman Jim Rensel said he would prefer the more expansive proposal to pass while Councilman Robert White said he didn’t want to hurt a business that is already operational. Marilyn Fiore-Lehman, town attorney, said the law is written in such a way that it isn’t possible to combine several small-scale systems – thus making a large system – without a zoning variance issued by the town.
The town has received a grant for the Fluvanna sewer project that will allow the town to hook up new users to the system at no cost as well as decommission old septic tanks. There was discussion about a state requirement to own the lines for the length of the loans. Robert Pickett, highway superintendent, said there are no loans, so the town was planning to own the lines for a year and then turn them over to property owners. The state, according to Pickett, said the town had to own the lines for the effective life of the lines, which is typically 30 years. Project engineers wrote an easement saying the town would own the lines for the required length of time, with the cost to fix any issues billed to town residents after one year. Fiore-Lehman has reached out to the state regarding legal authority in the matter. She isn’t sure why the town would be responsible for individual lines since the lines will be turned over to the South and Center Chautauqua Lake Sewer District.
In other business, the board unanimously approved a local law to override the state’s 2% tax cap. The town won’t know if it will actually exceed the cap until it passes a budget later this year. Town Clerk Amy Bellardo said earlier this year contractual wage increases are 3.5% to 4% next year, she said, with increases also likely in retirement costs, insurance costs and utilities. The town is also expecting increases in retirement, insurance and utility costs.