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

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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) 2024-05-29 - PRINT NUMBER 8914A [S08914 Detail]

Download: New_York-2023-S08914-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8914--A

                    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 -- reported favorably from said committee and committed to the
          Committee  on  Finance  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the general municipal law,  in  relation  to  siting  of
          carport-mounted solar energy systems

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

     1    Section 1. The general municipal law is amended by adding a new  arti-
     2  cle 5-M to read as follows:
     3                                  ARTICLE 5-M
     4                    CARPORT-MOUNTED SOLAR ENERGY SYSTEMS

     5  Section 119-hh. Legislative intent.
     6          119-ii. Carport-mounted solar energy systems.
     7    § 119-hh. Legislative  intent. The legislature hereby declares that it
     8  is the policy of this state to foster and encourage the  development  of
     9  solar  energy generating systems, to take advantage of a safe, abundant,
    10  renewable and non-polluting energy resource; to  decrease  the  cost  of
    11  electricity  to  the  owners  of  residential and commercial properties,
    12  including single-family houses;  to  increase  employment  and  business
    13  development  in  the  state,  to  the  extent  reasonably  practical, by
    14  furthering the installation of solar energy systems; and to provide  for
    15  the  development  of  solar  energy  systems  in  non-residential zoning
    16  districts and mixed commercial and residential zoning districts.
    17    § 119-ii. Carport-mounted solar energy systems. 1. For the purposes of
    18  this article "carport-mounted solar energy system" shall  mean  a  solar
    19  energy  system not to exceed five megawatts of generating capacity which
    20  is located and mounted on a roof or structure above real property exclu-
    21  sively in use for vehicle parking.
    22    2.  No  local government shall under any zoning ordinance, zoning law,
    23  or law or ordinance of general applicability which determines  permissi-
    24  ble  uses  in  city,  town,  or  village  zoning districts, prohibit the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14983-03-4
        S. 8914--A                          2

     1  construction, installation, or  operation  of  a  carport-mounted  solar
     2  energy  system  with  a nameplate capacity of five megawatts or less, in
     3  any non-residential zoning district or mixed commercial and  residential
     4  zoning  district of any such city, town or village, provided however, if
     5  the zoning district is a certified agricultural  district  the  agricul-
     6  tural impacts of the projects shall be minimized to the extent practica-
     7  ble.
     8    §  2. This act shall take effect on the first of January next succeed-
     9  ing the date on which it shall have become a law.