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Fredonia enacts BESS law

Fredonia has a new law to govern Battery Energy Storage Systems (BESS) in the community, after a 4-1 vote of the Board of Trustees last week.

Trustee Paul Wandel called it “a set of guidelines and regulations for the installation and building of a battery storage facility. So, we as a village board are not endorsing a battery storage facility within the confines of the village. This is just an acceptance of what the Fredonia Planning Board had done to research this out and what would be required.”

The Planning Board worked on the law and sent it to the Board of Trustees, in the wake of a recent proposal for a BESS at the “dead end” of Clinton Avenue in the village.

Trustee Michelle Twichell, who provided the “no” vote, stated: “I appreciate the Planning Board going through this law, but I did speak to them about the fire situation with the BESS batteries, and I still think that’s something we should be against.”

A BESS stores large loads of power for the electricity grid. Twichell was referring to a series of serious fires nationwide at BESS arrays that have resulted in evacuations. BESS blazes burn chemicals that require special firefighting equipment. Advocates of the arrays state that they have several layers of security and fires are relatively rare.

The village website contains a link to the text of Fredonia’s BESS law. Here are some of the key provisions:

— Average noise level from the battery arrays is not supposed to exceed an average of 60 “weighted decibels” per hour, as measured at the nearest occupied building. (A weighted decibel is a measurement of how the human ear perceives sound.)

— Battery arrays inactive for six months must be removed at the owner’s expense. The site is supposed to be restored to natural condition within six months of the battery equipment’s removal.

— Battery systems are supposed to be set back at least 250 feet from the nearest property line. They need to be enclosed with secure fencing to prevent unauthorized access, and are to be screened from adjacent properties with vegetation or other design features.

A public hearing was held on the law before the trustees voted on it. Two people spoke, both against BESS systems.

“The bad news is that we’re gonna get money by putting people at risk,” said Mark Twichell, husband of Trustee Twichell. “Now, I really don’t believe for a minute that (New York Gov.) Kathy Hochul’s green agenda is what’s driving these. I just really don’t believe that in Western New York, we’re going to put a community at risk because someone believes it’s the right thing to do. It’s about the money… We’re going to get some money for putting the community at risk.”

Mark Twichell declared “there’s no safe distance for these” BESS arrays when they experience fires.

Joanie Riggle said she lives in Sinclairville, but grew up in Fredonia. “Please do not unwittingly play Russian roulette by allowing utility or commercial scale BESS projects within your borders,” she said. “All the safety planning in the world, and adopting New York State BESS fire code protocol, can not prevent lithium ion BESS fires with thermal runaway.”

She went on to ask for a one-year moratorium on BESS projects in the village. Riggle also criticized the 60-decibel noise limit in the village law as too high.

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