Bill Text: NY A05296 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits the shading of solar energy devices on adjacent property by landscaping.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A05296 Detail]

Download: New_York-2013-A05296-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5296
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 22, 2013
                                      ___________
       Introduced  by M. of A. ROZIC -- read once and referred to the Committee
         on Judiciary
       AN ACT to amend the real property law, in relation  to  prohibiting  the
         shading of solar devices on adjacent property by landscaping
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The real property law is amended by adding a new article 16
    2  to read as follows:
    3                                 ARTICLE 16
    4                           SOLAR SHADE CONTROL LAW
    5  SECTION 500. SHORT TITLE.
    6          501. DEFINITIONS.
    7          502. INTERFERENCE WITH SOLAR DEVICE.
    8          503. VIOLATIONS AND PENALTIES.
    9          504. APPLICABILITY.
   10          505. EXEMPTION.
   11    S 500. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
   12  THE "SOLAR SHADE CONTROL LAW".
   13    S 501. DEFINITIONS. AS USED IN THIS ARTICLE:
   14    1.  "SOLAR  COLLECTOR"  MEANS  A FIXED DEVICE, STRUCTURE, OR PART OF A
   15  DEVICE OR STRUCTURE, WHICH IS USED PRIMARILY TO TRANSFORM  SOLAR  ENERGY
   16  INTO  THERMAL, CHEMICAL, OR ELECTRICAL ENERGY, AND WHICH IS USED AS PART
   17  OF A SYSTEM WHICH MAKES USE OF SOLAR  ENERGY  FOR  ANY  OR  ALL  OF  THE
   18  FOLLOWING PURPOSES:
   19    A. WATER HEATING,
   20    B. SPACE HEATING OR COOLING, OR
   21    C. POWER GENERATION.
   22    2.  "CHAIR"  MEANS THE CHAIR OF THE NEW YORK STATE ENERGY RESEARCH AND
   23  DEVELOPMENT AUTHORITY.
   24    S 502. INTERFERENCE WITH SOLAR DEVICE. 1.   AFTER JANUARY  FIRST,  TWO
   25  THOUSAND  FOURTEEN,  NO PERSON OWNING, OR IN CONTROL OF A PROPERTY SHALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03088-01-3
       A. 5296                             2
    1  ALLOW A TREE OR SHRUB TO BE PLACED, OR, IF PLACED, TO GROW ON SUCH PROP-
    2  ERTY, SUBSEQUENT TO THE INSTALLATION OF A SOLAR COLLECTOR ON THE PROPER-
    3  TY OF ANOTHER SO AS TO CAST A SHADOW GREATER THAN  TEN  PERCENT  OF  THE
    4  COLLECTOR ABSORPTION AREA UPON THAT SOLAR COLLECTOR SURFACE ON THE PROP-
    5  ERTY  OF  ANOTHER  AT ANY ONE TIME BETWEEN THE HOURS OF TEN O'CLOCK A.M.
    6  AND TWO O'CLOCK P.M., LOCAL STANDARD TIME; PROVIDED, THAT  THIS  SECTION
    7  SHALL  NOT  APPLY TO SPECIFIC TREES AND SHRUBS WHICH ARE IN EXISTENCE AT
    8  THE TIME OF INSTALLATION OF A SOLAR COLLECTOR OR DURING THE REMAINDER OF
    9  THAT ANNUAL SOLAR CYCLE CAST A SHADOW UPON THAT SOLAR COLLECTOR.
   10    2. IN RECOGNITION OF ONGOING RESEARCH  INTO  AND  DEVELOPMENT  OF  NEW
   11  TECHNOLOGIES  IN  ENERGY  COLLECTION, THE CHAIR IN CONSULTATION WITH THE
   12  DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL, WITHIN  SIX  MONTHS  OF
   13  THE  EFFECTIVE  DATE  OF  THIS ARTICLE, PROMULGATE RULES AND REGULATIONS
   14  GOVERNING THE PLACEMENT AND OPERATIONS OF SOLAR DEVICES AND  REGULATIONS
   15  REGARDING  POTENTIAL CONFLICTS BETWEEN ADJACENT PASSIVE AND ACTIVE SOLAR
   16  TECHNOLOGIES.
   17    3. THE CHAIR, IN CONSULTATION WITH  THE  DEPARTMENT  OF  ENVIRONMENTAL
   18  CONSERVATION,  SHALL PREPARE, OR CAUSE TO BE PREPARED AND DISTRIBUTED TO
   19  CITIES, TOWNS AND VILLAGES A MODEL COMPREHENSIVE SOLAR  SHADE  ORDINANCE
   20  FOR THE PURPOSE OF SAVING ENERGY.
   21    4.  THE  CHAIR,  IN  CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL
   22  CONSERVATION, SHALL PREPARE, OR CAUSE TO BE PREPARED AND DISTRIBUTED  TO
   23  CITIES,  TOWNS  AND VILLAGES A PAMPHLET CONTAINING INFORMATION REGARDING
   24  THE SOLAR SHADE CONTROL LAW.
   25    S 503. VIOLATIONS AND PENALTIES.  1. NOT LESS THAN THIRTY DAYS  BEFORE
   26  COMMENCING  AN  ACTION  ALLEGING VIOLATION OF SUBDIVISION ONE OF SECTION
   27  FIVE HUNDRED TWO  OF  THIS  ARTICLE,  WRITTEN  NOTICE  OF  INTENTION  TO
   28  COMMENCE SUCH ACTION MUST BE GIVEN BY PERSONAL SERVICE OR CERTIFIED MAIL
   29  TO  THE  OWNER, LESSEE OR LAWFUL OCCUPANT OF THE PROPERTY WHERE THE TREE
   30  OR SHRUB CAUSING SUCH VIOLATION IS LOCATED TO PROVIDE AN OPPORTUNITY  TO
   31  CURE THE VIOLATION.
   32    2.  UPON  A  FINDING  OF  VIOLATION OF SUCH SUBDIVISION, THE COURT MAY
   33  ORDER THE PERSON FOUND TO HAVE COMMITTED  SUCH  VIOLATION  TO  CURE  THE
   34  VIOLATION  AND  IF  THE  VIOLATION  IS NOT CURED IN A TIMELY MANNER, THE
   35  COURT MAY IMPOSE DAMAGES, NOT TO EXCEED ONE THOUSAND DOLLARS.
   36    S 504. APPLICABILITY. 1. NOTHING IN THIS ARTICLE SHALL APPLY TO  TREES
   37  PLANTED,  GROWN,  OR  HARVESTED  ON  LANDS AND IN FORESTS AS PROVIDED IN
   38  ARTICLE NINE OF THE ENVIRONMENTAL CONSERVATION LAW OR ON LAND DEVOTED TO
   39  THE PRODUCTION OF COMMERCIAL AGRICULTURAL CROPS.
   40    2. NOTHING IN THIS ARTICLE SHALL APPLY TO THE REPLACEMENT OF A TREE OR
   41  SHRUB WHICH HAD BEEN GROWING  PRIOR  TO  THE  INSTALLATION  OF  A  SOLAR
   42  COLLECTOR  AND  WHICH,  SUBSEQUENT  TO  THE  INSTALLATION  OF SUCH SOLAR
   43  COLLECTOR, DIES.
   44    S 505. EXEMPTION. ANY COUNTY, CITY, TOWN  OR  VILLAGE  MAY  ADOPT,  BY
   45  MAJORITY VOTE OF ITS GOVERNING BODY, AN ORDINANCE EXEMPTING SUCH MUNICI-
   46  PALITY FROM THE PROVISIONS OF THIS ARTICLE.
   47    S 2. This act shall take effect immediately.