A5614

An Act concerning cautionary signage at battery energy storage system facilities and supplementing Title 13 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

“Battery energy storage system” means an electrochemical device or system of devices that are capable of absorbing and storing electrical energy and discharging such energy at a later time to provide for the discharge or production of one megawatt-hour or more of electrical energy.

“Battery energy storage system facility” or “facility” means a facility that is used to produce, manufacture, assemble, store, or host a battery energy storage system.

“Department” means the Department of Environmental Protection.

“First responder” means a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of that individual's employment, is dispatched to the scene of an emergency situation for the purpose of providing medical care or other assistance.

“Battery sign” or “sign” means the sign developed and produced by the department pursuant to subsection b. of this section that is required to be affixed to each entrance point of a battery energy storage system facility pursuant subsection d. of this section.

b. No later than one year after the effective date of this section, the Department of Environmental Protection shall:

(1) develop and produce a battery sign to be affixed to all entrance points of a facility that has an on-site battery energy storage system; and

(2) develop a procedure for the distribution of the signs to facilities throughout the State.

c. The sign developed by the department pursuant to subsection b. of this section shall include, at a minimum:

(1) a symbol to represent the presence of an on-site battery energy storage system, to be developed by the department;

(2) a statement that reads: “WARNING –BATTERY ENERGY STORAGE SYSTEM;”

(3) any symbols that demonstrate the potential dangers or hazards associated with battery energy storage systems, as determined by the department;

(4) formatting that ensures the sign is legible and easy to understand; and

(5) any other information the department deems necessary.

d. The purpose of the sign developed and produced by the department pursuant to subsection b. of this section shall be to notify first responders, upon entry into a facility, of the presence of an on-site battery energy storage system and the potential dangers associated with battery energy storage systems.

e. Beginning 18 months after the effective date of this section, the owner or operator of a battery energy storage system facility shall affix the sign developed and produced by the department pursuant to subsection b. of this section to each entrance point of the facility in a manner determined by the department.

f. Beginning 18 months after the effective date of this section, an owner or operator of a battery energy storage system facility who violates the provisions of subsection e. of this section shall be subject to a civil penalty of not less than $100 nor more than $250 for each offense. State and local law enforcement shall have exclusive authority to enforce this section and the penalty imposed shall be collected and enforced by summary proceedings under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). If the violation is of a continuing nature, each day during which the violation continues shall constitute an additional, separate, and distinct offense. The Superior Court and the municipal court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section. Any penalty recovered under this section shall be retained by the enforcing government entity.

g. Upon the effective date of this section, an owner or operator of a battery energy storage system facility shall notify local emergency response units of the presence of an on-site battery energy storage system so that the facilities can be incorporated in local emergency response units’ plans and protocols.

2. This act shall take effect immediately.

STATEMENT

This bill would require, no later than one year after the bill’s effective date, the Department of Environmental Protection (DEP) to: (1) develop and produce a battery energy storage system sign to be affixed to all entrance points of a battery energy storage system facility that has an on-site battery energy storage system; and (2) develop a procedure for the distribution of the signs to battery energy storage facilities throughout the State. The purpose of the sign developed by the DEP pursuant to the bill is to notify first responders, upon entry into a battery energy storage system facility, of the presence of an on-site battery energy storage system and the potential dangers associated with battery energy storage systems.

The bill would require, beginning 18 months after the bill’s effective date, the owner or operator of a battery energy storage system facility to affix the sign developed by the DEP pursuant to the bill to each entrance point of the facility in a manner determined by the DEP. Beginning 18 months after the bill’s effective date, an owner or operator of a battery energy storage system facility who violates the bill’s provisions by failing to affix the required sign to each facility entrance would be subject to a civil penalty of not less than $100 nor more than $250 for each offense. In the case of a continuing violation, each day during which the violation continues would constitute an additional, separate, and distinct offense.

In addition, this bill would require, upon the bill’s effective date, the owner or operator of a battery energy storage system facility to notify local emergency response units of the presence of an on-site battery energy storage system so that the battery energy storage system facilities can be incorporated in local emergency response units’ plans and protocols.