VOLUME 10, ISSUE 6: NYC Establishes New Energy Storage Rules

Photo by Governor Bob Ferguson

New York City’s Department of Buildings issued notice on September 17, 2025 that it adopted two new rules on stationary electrical energy storage systems (ESS). These rules take effect on October 26, 2025. ESS, which can be inside and on top of New York City buildings, should be designed, installed, operated, and monitored in ways that ensure the systems’ safety. The Department thus promulgated the rules to set safety criteria standards.

ESS collect and set aside energy that can supply electricity at a later time depending on the demand and provide several benefits:

• They supply backup power to the electrical grid for outages, making the grid more reliable.

• They improve renewable energy sources’ dependability, storing renewables’ excess energy during periods of low demand.

• They reduce New Yorkers’ energy costs, storing excess energy when energy costs are cheaper during off-peak times and releasing the energy during peak periods.

The aforementioned rules mandate the following:

• Clarifies design, filing, construction, installation, commissioning, operation, maintenance, and decommissioning of specified indoor and outdoor ESS.

• Establishes reporting requirements.

• Requires construction applications be filed with DOB.

• Mandates that permits must be acquired for both construction and electrical work before ESS projects begin.

• Requires registration with the Department:

  • New ESS: owners/managers must register before operation.

  • Existing ESS: must be registered within three years of rule’s effective date

• Modifies NFPA 855 (national standard for ESS installation) to address New York City’s unique urban environment.

• Expanded scope applies to:

  • Indoor stationary ESS

  • Mobile/portable ESS installed in stationary settings

  • Storage of lithium metal and lithium-ion batteries

Please contact RPO with any questions related to these new changes.