Commercial and utility energy storage systems in New York
Which codes apply? In New York, commercial and utility energy storage systems fall under the 2023 NEC, the 2024 IFC, the 2024 IBC, and the 2023 NFPA 855 through the fire code.
Codes that reach commercial and utility energy storage systems
The edition New York enforces for each code that governs the product, and the part of the code that does.
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NECNational Electrical CodeThe New York NEC record2023 NECPartial
in force since Dec 31, 2025 · Statewide, with exceptions
Where it reaches the product. Article 706, with 705 for the interconnection.
NFPA 70 as referenced by the 2025 Building Code of New York State (no separate state electrical code) · 19 NYCRR Part 1221 (incorporates the BCNYS by reference; Part 1219 defines it); Executive Law Article 18
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IFCInternational Fire CodeThe New York IFC record2024 IFCVerified
in force since Dec 31, 2025 · Statewide, with exceptions
Where it reaches the product. Chapter 12, section 1207, and the operational permit.
2025 Fire Code of New York State · 19 NYCRR Part 1225 (Fire Prevention; section 1225.2(b) incorporates the FCNYS by reference; Part 1219 defines it); Executive Law Article 18
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IBCInternational Building CodeThe New York IBC record2024 IBCVerified
in force since Dec 31, 2025 · Statewide, with exceptions
Where it reaches the product. Occupancy, construction type, and separation for the building that holds the system.
2025 Building Code of New York State · 19 NYCRR Part 1221 (incorporates the BCNYS by reference; Part 1219 defines it); Executive Law Article 18
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NFPA 855NFPA 855, Standard for the Installation of Stationary Energy Storage SystemsThe New York NFPA 855 record2023 NFPA 855Verified
in force since Dec 31, 2025 · Through the IFC, chapter 12 · Edition derived from the fire code the state adopts
Where it reaches the product. The whole standard: siting, size and separation, fire control, explosion control, and commissioning.
2025 Fire Code of New York State (Uniform Code) · 19 NYCRR Part 1225; Executive Law Art. 18
New York laws that name commercial and utility energy storage systems
On the site: 25 laws, rules, orders, and bills, newest first.
| Law or rule | Kind | Stage | Date | What it does |
|---|---|---|---|---|
| A10354B | Bill | VerifiedPending | Jun 1, 2026 | Proposes a statewide virtual power plant program paying households and businesses whose batteries and other devices support the grid at peak. Source (opens in a new tab) |
| A6996 | Bill | VerifiedPending | May 18, 2026 | Proposes banning new battery energy storage siting, construction, and permits in Assembly District 64, except industrial zones and small residential uses, through Dec 31, 2034. Source (opens in a new tab) |
| A8328 | Bill | VerifiedPending | May 18, 2026 | Proposes banning new battery energy storage siting, construction, and permits in Nassau and Suffolk counties, except industrial zones and small residential uses. Source (opens in a new tab) |
| S2470 / A6198 | Bill | VerifiedPending | May 18, 2026 | Proposes a property tax abatement for electric energy storage equipment placed in service from Jan 1, 2027 until Jan 1, 2029. Each year's abatement would be the lesser of 10 percent of costs, taxes due, or $62,500. Source (opens in a new tab) |
| PSC Cases 18-E-0130, 14-E-0423, and 00-E-2054 | Commission order | PartialIn force | Apr 16, 2026 | Allows customer-sited batteries to join one utility's direct load control demand response through a bring-your-own-battery option. Source (opens in a new tab) |
| Public Service Law Article VIII and 16 NYCRR Parts 1100, 1101, and 1102 | Rule | PartialIn force | Mar 9, 2026 | Requires state siting permits for renewable facilities of 25 MW or more, including storage co-located with them. Source (opens in a new tab) |
| S1527A / A313A | Bill | VerifiedPending | Mar 2, 2026 | Proposes exempting the sale, use, and installation of commercial energy storage equipment from state sales tax. Source (opens in a new tab) |
| A10268 / S8923 | Bill | VerifiedPending | Feb 20, 2026 | Proposes banning tier two storage systems, over 600 kWh, within 1,000 feet of residential zones, schools, or hospitals in cities of one million or more. Source (opens in a new tab) |
| S7197B / A6955C | Bill | VerifiedPending | Feb 11, 2026 | Proposes 750-foot setbacks from residential property for battery storage systems of 3 MW or more, or 300 feet in cities of one million or more. Source (opens in a new tab) |
| NYS Standardized Interconnection Requirements | Rule | PartialIn force | Feb 9, 2026 | Requires utilities to use uniform interconnection procedures for distributed generation and energy storage systems of 5 MW or less. Source (opens in a new tab) |
| A139 | Bill | VerifiedPending | Jan 7, 2026 | Proposes banning new battery energy storage siting, construction, and permits in Assembly District 63, except industrial zones and small residential uses, through Dec 31, 2034. Source (opens in a new tab) |
| S1502A / A7537 | Bill | VerifiedPending | Jan 7, 2026 | Proposes requiring solar panel and bulk storage battery makers to run free collection and recycling programs or lose sales rights. Source (opens in a new tab) |
| S5506 / A8378 | Bill | VerifiedPending | Jan 7, 2026 | Proposes state siting permits for grid-connected storage systems of 25 MW or more, with application fees of $25,000 to $100,000. Proposes excluding storage in cities of one million or more. Source (opens in a new tab) |
| S6557 | Bill | VerifiedPending | Jan 7, 2026 | Proposes banning new battery energy storage siting and construction on Staten Island, except in industrial zones and small residential uses, including pending applications. Source (opens in a new tab) |
| S8645 | Bill | VerifiedPending | Jan 7, 2026 | Proposes letting the state siting office permit battery storage systems serving data centers. Source (opens in a new tab) |
| 2025 Fire Code of New York State | Code amendment | PartialIn force | Dec 31, 2025 | Requires electrical energy storage systems to meet Section 1207 of the 2025 state Fire Code from Dec 31, 2025. The section reproduces material based on NFPA 855, 2023 edition. Source (opens in a new tab) |
| 2025 Uniform Code and Energy Code update | Code amendment | PartialIn force | Dec 31, 2025 | Requires building permit applications filed from Dec 31, 2025 to follow the 2025 state building, residential, fire, and energy codes. Source (opens in a new tab) |
| Inter-Agency Fire Safety Working Group | Agency guidance | PartialIn force | Dec 31, 2025 | Studies battery storage fires and recommended fire code changes, which the state adopted Jul 25, 2025, effective Dec 31, 2025. Requires independent peer review for NYSERDA-supported projects, withholding incentives otherwise. Source (opens in a new tab) |
| 1 RCNY 3616-07 with companion 1 RCNY 101-19 | Rule | PartialIn force | Oct 26, 2025 | Requires indoor energy storage systems above 1 kWh, including in one- and two-family homes, to meet NFPA 855 (2020) as amended by the city. Source (opens in a new tab) |
| PSC Case 18-E-0130, Mar 21, 2025 order | Commission order | PartialIn force | Mar 21, 2025 | Funds 3,000 MW of bulk storage through Index Storage Credit solicitations with price and non-price scoring and duration categories. Source (opens in a new tab) |
| PSC Case 18-E-0130, Feb 13, 2025 action | Commission order | PartialIn force | Feb 13, 2025 | Funds NYSERDA's retail and residential storage incentive programs by approving their implementation plan, toward 1,500 MW retail and 200 MW residential by 2030. Requires changes letting grid operator distributed resource participants qualify for retail incentives. Source (opens in a new tab) |
| PSC Case 18-E-0130, Jun 20, 2024 order | Commission order | PartialIn force | Jun 20, 2024 | Funds a NYSERDA residential storage incentive for 200 MW and a retail storage incentive for 1,500 MW more by 2030. Requires three bulk storage procurements toward a 6 GW statewide goal. Source (opens in a new tab) |
| 3 RCNY 608-01 | Rule | PartialIn force | Oct 1, 2019 | Requires outdoor stationary battery systems in the city to keep 10-foot setbacks and requires FDNY permits for lithium-ion systems over 20 kWh. Source (opens in a new tab) |
| NYSERDA New York State Battery Energy Storage System Guidebook | Agency guidance | PartialIn force | – | Proposes a model local law that municipalities may adopt for permitting residential, commercial, and utility-scale battery storage. Source (opens in a new tab) |
| Town of North Hempstead Town Code Chapter 76 | Local ordinance | PartialIn force | – | Requires town bodies to refuse to accept, review, or approve applications for battery energy storage facilities until Nov 18, 2026, unless extended. Source (opens in a new tab) |
Every New York law on commercial and utility energy storage systems, with filters
For information only. Your local building or fire official decides which code applies. We check state records often but can miss a recent change, so confirm with your official before you design, permit, or install. Terms of use