Southampton proposing six-month moratorium on battery storage units to assess potential safety issues

Southampton Town proposed a six-month moratorium on battery storage systems to give officials more time to review the nascent technology’s potential risks while also freezing a pending application.

The storage batteries complement renewable energy sources such as wind and solar by storing power generated for future use. Town officials said they viewed the facilities as essential infrastructure to expand clean energy initiatives designed to combat climate change.

Officials said a town code adopted in 2021 to regulate the facilities may be inadequate. 

At a special meeting on July 20, the town board voted to schedule an Aug. 8 public hearing on the moratorium.

Supervisor Jay Schneiderman said there’s been a “learning curve” for town officials since the code was adopted. He said officials initially believed the facilities posed little risk and were a “benign” use. 

“I think our base of understanding has modified over time and I understand why the public is concerned here,” he said. “We want to make sure that whatever code is on our books is adequate to fully protect them.”

The current code requires facilities with a capacity of greater than 600 kWh to obtain site plan or special exception approval from the planning board and set certain safety requirements. 

The town’s Planning Board is currently reviewing an application for a battery storage facility in Hampton Bays that has generated concerns among community members for potential hazards such as a fire to the lithium-ion batteries. The applicant, Canal Southampton Battery Storage LLC, has proposed a 100-megawatt facility on a 4.9-acre site just east of the Shinnecock Canal and south of Sunrise Highway.

A recent fire at a similar facility in East Hampton heightened community concerns.

Lithium-ion batteries can face a failure known as "thermal runaway," in which they generate more heat than can be dissipated leading to extremely high temperatures, smoke and fire, according to UL Research Institutes, a safety science organization.

The town initially proposed a three-month moratorium strictly on new applications. But the six-month moratorium would include pending applications.

Attorney Keith Archer, who represents the Canal applicant, called the moratorium "harmful" to the goals set by the state and town to "encourage development of green energy alternatives" and said the proposed project is proven on "reliable science and complies with all existing codes and Town zoning and safety requirements."

"A moratorium will only delay the start of construction at a time when every climate change expert recommends the construction of renewable energy alternatives on an expedited basis," a statement from the attorney said.

At a public hearing July 11 on the three-month moratorium, community members said the proposed facility in Hampton Bays was too close to residential homes. Residents also said an emergency at the site could cut off access to the East End given its location sandwiched between the highway and Long Island Rail Road tracks to the south.

Officials said the applicant viewed the spot as a favorable location due to its proximity to a Long Island Power Authority substation.

Geraldine Spinella, president of the Hampton Bays Civic Association, said in an email she is hopeful the “stop gap” leads to a reversal of zoning that “should never have happened.”

She wrote a letter to the town board in April on behalf of the civic requesting a one-year moratorium and for the town to limit zoning of facilities away from residential and commercial areas.

Councilman John Bouvier said at the July 20 meeting he hopes the moratorium will “alleviate” some of the concerns in the community.

Schneiderman said the town must bring in independent experts to help local officials analyze the code and determine a path forward.

Under state law, the town would be required to submit the moratorium to the Suffolk County Planning Commission for review. If the commission does not approve the moratorium, the town can override its decision with a supermajority vote. 

That happened in Southold Town, where the town board unanimously approved a 12-month moratorium earlier this year on battery storage facilities to override a recommendation from the commission to reduce it to six months.

With Tara Smith

By Joe Werkmeister

joe.werkmeister@newsday.com

Joe Werkmeister covers the towns of Southampton, East Hampton and Shelter Island. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.

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