Hurley officials, who in October issued a six-month moratorium on ion-lithium battery storage facility proposals, are accusing Gov. Kathy Hochul of using the RAPID Act to try to undermine municipal home rule in the name of fast tracking green energy projects across the state.
The RAPID Act, short for Renewable Action through Project Interconnection and Deployment, was signed into law in April 2024 and revised in October. According to the New York State Department of Public Service, the law is designed to consolidate environmental review, permitting, and siting for major renewable energy and electric transmission projects. State officials said the revisions could cut permitting timelines by as much as 50% and would allow the state to overrule a municipality that denies a project deemed essential.
When the legislation passed last year, State Sen. Pamela Helming criticized the measure, warning it expanded the state’s power to seize private and conserved land through eminent domain.
“The RAPID Act is flying under the radar in Albany, but you should know about it,” Helming said at the time. “It seeks to streamline the permitting process for major renewable energy projects. Know what else it does? It allows for private property, and conserved lands, to be forcefully taken by eminent domain for these energy facilities. This is beyond egregious and I’ll keep fighting to stop it.”
Hurley Supervisor Michael Boms, a vocal opponent of lithium-ion battery facilities, echoed those concerns and said the Town Board is drafting a letter opposing use of the RAPID Act. He said the board expects to ratify the letter at its February meeting and send it to Hochul.
“Kathy Hochul wants to put in 200 of these plants all over the state. And she wants to do it real quick,” Boms said. “If the courts give us home rule, how is she able to override that? That is just wrong.”
Home rule authority was adopted in 1963 through an amendment to Article IX of the state Constitution, granting municipalities broad power to pass laws affecting quality of life and local services without state interference.
Exceptions exist. According to the New York State Bar Association, the state may override local laws when they directly conflict with state statute or when the Legislature has assumed full regulatory authority over a particular area.
The state has not yet invoked the RAPID Act for a battery storage facility, but opposition to the governor’s clean-energy agenda has grown. Over the past two years, dozens of municipalities across New York have enacted moratoriums on battery storage projects, citing safety concerns following fires at existing facilities.
Locally, two proposals have drawn strong opposition: a 250-megawatt facility proposed by San Diego-based Tera-Gen in the Town of Ulster, which prompted Hurley’s moratorium; and a separate facility proposed in Saugerties by Albany-based Key Capture Energy. Both projects remain under review by local planning and zoning boards.
Ken Lovett, Hochul’s senior communications adviser on energy and the environment, said the administration would review Hurley’s letter once received and referred further questions to the Department of Public Service.
DPS spokesperson James Denn pointed to an October press release describing revised RAPID Act regulations shaped in part by more than 2,000 public comments.
“These regulations will allow the state to refine its permitting practices and enable the development of new renewable generation and transmission projects that create clean energy, strengthen grid reliability, and support good-paying jobs,” Rory M. Christian, chair of the state Public Service Commission, said in the release.
Saugerties Supervisor Fred Costello said that while battery storage proposals raise legitimate concerns, he does not expect the state to override local authority.
“New York has had a strong tradition of home rule, and I would expect home rule would prevail,” Costello said. “I don’t think the state is going to be that heavy-handed.”
Jim Rich is a senior reporter for The Overlook. You can reach him at jim@theoverlooknews.com.