The Gardiner Town Board continued discussions on a proposed battery energy storage system (BESS) law at its Aug. 11 meeting, working to finalize a timeline for the draft and final legislation as well as logistics including zoning requirements.

The board has been discussing a potential BESS law since 2025. At its June 30 meeting, the board closed the public hearing on a moratorium extension for battery energy storage systems and agreed on a draft of the proposed law.

“All of this is aimed toward a December vote, and the December vote is critical to us to reach that point,” board council member Jim Ulvestad said. “Because the current moratorium will expire Jan. 23 [2027], and I think getting a fourth six-month moratorium would be a real challenge for us.”

According to Ulvestad’s timeline, the board agreed on initial parameters for the draft town law on June 30, followed by a six-month extension of the moratorium beginning July 23. A fully drafted town law and accompanying amendments to the town’s zoning code are currently in progress.

“I’ve drafted a standalone law, but that requires us to amend current zoning code in about 20 or 30 places,” Ulvestad said. “I’ve identified the places where that needs to happen, but I haven’t actually written the amendments yet.”

The proposed changes would amend Chapter 220 of Gardiner’s municipal code to incorporate battery energy storage regulations alongside existing energy and solar energy system regulations. The zoning amendments would address requirements including building height, fencing and site plans.

Battery energy storage systems contain large, industrial-scale rechargeable batteries used to store and collect electricity. Some residents have raised concerns about the systems’ close ties to data centers.

“They are increasingly tightly knit together, and I think that should be front and center in our board’s mind. I’m completely against BESS,” said Stef Kotso, a Gardiner resident. “I know the (village) of Maybrook did a 1,500-foot setback from any water bodies, aquifers, and did specific oversight for runoff to rivers or streams.”

Before the law can be adopted, the board must submit a draft proposal to the town’s attorney for review. Ulvestad said he hopes to complete the outline by the end of August so it can be reviewed by attorneys and submitted by September or October.