Bill Text: NY S08914 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits local governments from prohibiting the construction, installation, or operation of carport-mounted solar energy systems with a nameplate capacity of five megawatts or less, in any non-residential zoning district or mixed commercial and residential zoning district of any such city, town or village, provided however, if the zoning district is a certified agricultural district the agricultural impacts of the projects shall be minimized to the extent practicable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-05-29 - PRINT NUMBER 8914A [S08914 Detail]

Download: New_York-2023-S08914-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8914

                    IN SENATE

                                     March 27, 2024
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        AN  ACT to amend the energy law, in relation to community energy project
          siting

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  energy  law is amended by adding a new article 13 to
     2  read as follows:
     3                                  ARTICLE 13
     4                       COMMUNITY ENERGY PROJECT SITING

     5  Section 13-101. Legislative intent.
     6          13-102. Application.
     7          13-103. Definitions.
     8          13-104. Community energy project siting.
     9    § 13-101. Legislative intent. The legislature hereby declares that  it
    10  is  the  policy of this state to foster and encourage the development of
    11  solar energy generating systems, to take advantage of a safe,  abundant,
    12  renewable  and  non-polluting  energy  resource; to decrease the cost of
    13  electricity to the owners  of  residential  and  commercial  properties,
    14  including  single-family  houses;  to  increase  employment and business
    15  development in  the  state,  to  the  extent  reasonably  practical,  by
    16  furthering  the installation of solar energy systems; and to provide for
    17  the development  of  solar  energy  systems  in  non-residential  zoning
    18  districts and mixed commercial and residential zoning districts.
    19    § 13-102. Application.  For  the  purposes stated herein, this article
    20  shall supersede all state and local laws relating to  the  solar  energy
    21  generating  systems  described  in this article; provided, however, that
    22  nothing in this article shall be construed to prevent any local  govern-
    23  ment  from  enacting or enforcing zoning ordinances or laws which deter-
    24  mine permissible uses or lot, bulk, or dimensional requirements in  non-
    25  residential  zoning districts or mixed commercial and residential zoning
    26  districts, or from enacting or enforcing local  laws  or  ordinances  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14983-02-4
        S. 8914                             2

     1  general  applicability  including laws or ordinances requiring site plan
     2  approval or special permit approval of a solar energy  system  permitted
     3  by  this  article,  except  that such local laws or ordinances shall not
     4  conflict with this article.
     5    § 13-103. Definitions.  As  used  in this article, the following terms
     6  shall have the following meanings:
     7    1. "Solar energy system" or "solar energy generating system" means the
     8  components and subsystems required to convert solar energy into electric
     9  energy suitable for use when used in  a  vehicle  carport-mounted  solar
    10  energy  system,  building-integrated solar energy system or roof-mounted
    11  solar energy system. Such terms include, but are not limited  to,  solar
    12  panels and solar energy equipment.
    13    2.  "Vehicle carport-mounted solar energy system" means a solar energy
    14  system not to exceed two  megawatts  of  generating  capacity  which  is
    15  located above real property currently used for vehicle parking.
    16    3.  "Solar  energy  equipment"  means  electrical  material, hardware,
    17  inverters, conduit, energy storage  devices,  or  other  electrical  and
    18  photovoltaic  equipment  associated  with  the production and storage of
    19  electricity.
    20    4. "Solar panel" means a photovoltaic device capable of collecting and
    21  converting solar energy into electricity.
    22    5. "Nameplate capacity" means a solar energy system's maximum electric
    23  power output under optimal operating conditions.
    24    § 13-104. Community energy project siting. No local  government  shall
    25  under  any  zoning ordinance, zoning law, or law or ordinance of general
    26  applicability which  determines  permissible  uses  in  city,  town,  or
    27  village  zoning  districts,  prohibit the construction, installation, or
    28  operation of solar energy generating systems with a  nameplate  capacity
    29  of  two  megawatts  or  less,  in any non-residential zoning district or
    30  mixed commercial and residential zoning district of any such city,  town
    31  or  village,  unless  the  zoning  district  is a certified agricultural
    32  district.
    33    § 2. This act shall take effect on the first of January next  succeed-
    34  ing the date on which it shall have become a law.