Public questions battery storage site risks

The Warwick Village Board, at its Jan. 5 meeting, fielded questions and comments from the public on risks posed by the battery energy storage system (BESS) facility on Church Street, following a Dec. 19 fire.

Michael Newhard reported that the village is requiring facility operator Convergent Energy and Power to bear all costs associated with cleanup, testing, engineering, and police services in response to the fire. The Village Building Department has also issued a notice of violation and condemnation to Convergent, Newhard said. In addition, the village plans to pursue additional environmental testing of the site, retain an independent consulting engineer for review and will be examining any legal recourse available to them.

The village intends to place a ban on any further or new BESS units in the village via a local law that will include a public hearing for review, Newhard added, noting that the village has invited Orange and Rockland Utilities, Inc. to discuss their connection with the issue and what sort of due diligence was done.

“One of the things that is pretty clear to me, too, is that this technology is a step ahead of public safety and I think that’s our greatest concern,” Newhard said.

While the public was pleased that the village was taking action to address the fire and revisit whether these facilities should be allowed in the area, many questioned why the Convergent facility was approved with what they saw as minimal review. Some asked whether it reflected a lack of competency on the part of the village’s planning committee.

“I feel like it should not have been approved by the Planning Board because there were still so many questions unanswered and I don’t understand why it got approved,” resident Colleen Daly said.

Trustee Thomas McKnight explained that in 2019, Orange and Rockland selected Convergent after putting out a request for proposal. He said he was on the Planning Board in 2020 when Convergent came before the board for review, and that the original site plans had General Electric as the supplier of battery energy storage units, but, he added, Convergent switched to Powin, who could provide a better price and deliver the product faster. McKnight said the board asked Convergent about potential risks and were told that they had yet to experience any incidents. McKnight also noted that the state fire code at the time did include requirements that have since been added. According to McKnight, future projects will have to do a lot more to be in compliance with the new code.

Responding to questions about the expertise of the Planning Board, Newhard said there is always an engineer and legal counsel at the table, along with board members, who get a small stipend and are required to undergo a certain level of training.

However, as noted by Trustee Carly Foster, Planning Board members may not have knowledge in certain areas and can be made to feel silly for asking questions by companies looking to operate in the area. She said that, going forward, the village will be more aware of the use of this tactic to shut down dialogue and limit review.

Others questioned the Village Board’s role in the planning process.

“I think we dodged a bullet,” said resident Matthew Sullivan. “But I think it does point out one of the main concerns that a Village Board ought to have is the health and safety of the residents of the village. And really no entity can take responsibility for that other than the board itself. You know you guys the buck stops here ultimately.”

Newhard said the village is encouraging more collaboration between the boards, noting that each village trustee receives the agenda of the planning, zoning and architectural review boards ahead of their meetings. He added that the board has a liaison to each of those committees.

Pramilla Malick of Protect Orange County, an activist group formed in 2010, questioned the air quality testing procedures, which were conducted by the county. She suggested more rigorous testing by a vetted third-party firm with no connection to the industry be conducted, noting that even after two weeks post incident, it could still be viable.

She also commented on how the county is impacted by state decisions on energy matters, such as the closing of Indian Point.

“I’m just very upset that Orange County is being sacrificed for all of these crazy decisions being made at a state level. And I wonder where are our local elected officials to say no to the state?” Malick said. “Orange County is a rural county. It’s still a rural county, and we’re besieged by infrastructure.”