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Draft Colden Chapter #101 Battery Energy Storage Systems Planning Board Revision #15 (dated 8/10/26) G. Decommissioning. 1. Decommissioning Plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include: (a) A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site; (b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; (c) The anticipated life of the battery energy storage system; (d) The estimated decommissioning costs and how said estimate was determined; (e) The method of ensuring that funds will be available for decommissioning and restoration; (f) The method by which the decommissioning cost will be kept current; (g) The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and (h) A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event. (i) The Plan shall illustrate that the decommissioning costs are properly covered in the applications submission of a bond in an amount adequate to fully cover decommissioning costs, including remediation and restoration of land to the pre-BESS condition(s). The value of the bond evaluated every 5 years for covering estimated costs and the amount of the bond must be adjusted in the event that the bond value no longer covers a realistic decommissioning/remediation cost going forward in time The bond must be in a form and means acceptable to the Colden Town Attorney, including provisions defined for liquidation of the bond by the Town when necessary. 2. Decommissioning Fund. The owner and/or operator of the energy storage system, shall continuously maintain a fund or bond payable to the Town of Colden, in a form approved by the Town for the removal of the battery energy storage system, in an amount to be determined by the Town of Colden, for the period of the life of the facility. The applicant’s proposed value of the fund shall be reviewed and a report as to the adequacy of the fund will be prepared after review by the Colden Town Engineer, at which time the Colden Town Attorney will examine that estimate and Town Engineer report and the Town Attorney will issue an acceptance or rejection determination. If the amount is acceptable, the fund may consist of a letter of credit from a State of New York licensed-financial institution or other security acceptable to the Town of Colden. All costs of the financial security shall be borne by the applicant. H. Site plan application. All Tier 2 Battery Energy Storage Systems shall require a Special Use Permit, and site plan approval shall be required, relevant submissions under NYS SEQRA, and including submission of any and all supplemental data, design details, and drawings which are requested by TOWN OF COLDEN – BATTERY ENERGY STORAGE SYSTEMS 10