Bill Text: NY A09810 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits local governments from prohibiting the construction, installation, or operation of solar energy generating systems with a nameplate capacity of two megawatts or less, in any non-residential zoning district or mixed commercial and residential zoning district of any such city, town or village, unless the zoning district is a certified agricultural district.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-09 - referred to energy [A09810 Detail]

Download: New_York-2023-A09810-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9810

                   IN ASSEMBLY

                                      April 9, 2024
                                       ___________

        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee on Energy

        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
    27  general applicability including laws or ordinances requiring  site  plan

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14983-02-4
        A. 9810                             2

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