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H 4685

An Act requiring local approval for battery storage facility permitting

194th Legislature (2025-2026) Introduced by Donnie Berthiaume and 16 co-sponsors

The bill requires local municipal approval before any state permit for a battery storage facility, giving towns power to add safety and environmental rules.

Accompanied a study order, see H5353 (under House Rule 27)
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Bill Summary · H 4685

Summary of H.4685: An Act requiring local approval for battery storage facility permitting

Purpose and scope

  • The bill would require local (municipal) approval before any state permitting authority can approve a battery storage facility. It shifts a portion of siting decision-making from state agencies to municipalities, while allowing municipalities to impose additional local siting, safety, and environmental requirements that do not conflict with state law.
  • Immediate effect: the act would take effect upon passage.

Key provisions

Local approval prerequisite

  • No state permitting authority (e.g., Department of Public Utilities, Energy Facilities Siting Board) may approve a battery storage facility unless the municipality where the project is proposed has voted to approve it.

Municipal authority and requirements

  • Municipalities may establish additional siting, safety, and environmental requirements consistent with state law.
  • Before a municipal vote, at least one public hearing must be held to solicit input from residents and stakeholders.
  • The project applicant must present detailed plans at the public hearing, including:
    • Risk assessments
    • Emergency response protocols
    • Environmental impact analyses
  • The municipal governing body must consider public input before deciding.

State-local coordination

  • State permitting authorities must provide technical assistance to municipalities evaluating proposed projects but cannot override a municipality’s denial.
  • Municipalities and state agencies must coordinate to ensure compliance with applicable safety, environmental, and zoning regulations.

Enforcement and penalties

  • If a battery storage facility is constructed or operated without municipal approval, penalties can reach up to $100,000 per violation.
  • Such facilities may be ordered to cease operations until compliance is achieved.
  • The Attorney General would have enforcement authority and can seek injunctive relief where necessary.

Definitions

  • “Battery storage facility” means a facility that uses batteries to store and distribute electrical energy.
  • “Municipal governing body” means the elected city council, selectboard, or other legislative authority of a municipality.
  • “State permitting authority” includes state agencies responsible for energy infrastructure permits (e.g., DPU, EF SB).

Timeline and procedural aspects

  • Hearing status: A hearing is scheduled for November 17, 2025, 10:00 AM–5:00 PM (Written Testimony Only).
  • Legislative actions show a path through committee and floor actions, with initial referral on April 24, 2025, and subsequent actions in late October 2025 indicating movement toward passage.
  • Section 2 provides that the act takes effect immediately upon passage.

Affected entities and stakeholders

  • Municipalities (and their governing bodies) that would assess and vote on battery storage projects.
  • Battery storage facility applicants and developers.
  • State permitting authorities (e.g., Department of Public Utilities, Energy Facilities Siting Board) that process energy infrastructure permits.
  • General public and local residents, who participate in the required public hearings.
  • Attorney General for enforcement.

Related legislation

  • Related bill: HD 4557 (noted as related/replacing in the record). This indicates concurrent or overlapping proposals addressing local oversight of battery storage permitting.

Compiled from official sources — confirm details with the bill’s official record.

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