Bill Text: NY A00046 | 2015-2016 | 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) 2016-01-06 - referred to judiciary [A00046 Detail]

Download: New_York-2015-A00046-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          46
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00632-01-5
       A. 46                               2
    1    S 502. INTERFERENCE WITH SOLAR DEVICE. 1.   AFTER JANUARY  FIRST,  TWO
    2  THOUSAND  SIXTEEN,  NO  PERSON OWNING, OR IN CONTROL OF A PROPERTY SHALL
    3  ALLOW A TREE OR SHRUB TO BE PLACED, OR, IF PLACED, TO GROW ON SUCH PROP-
    4  ERTY, SUBSEQUENT TO THE INSTALLATION OF A SOLAR COLLECTOR ON THE PROPER-
    5  TY  OF  ANOTHER  SO  AS TO CAST A SHADOW GREATER THAN TEN PERCENT OF THE
    6  COLLECTOR ABSORPTION AREA UPON THAT SOLAR COLLECTOR SURFACE ON THE PROP-
    7  ERTY OF ANOTHER AT ANY ONE TIME BETWEEN THE HOURS OF  TEN  O'CLOCK  A.M.
    8  AND  TWO  O'CLOCK P.M., LOCAL STANDARD TIME; PROVIDED, THAT THIS SECTION
    9  SHALL NOT APPLY TO SPECIFIC TREES AND SHRUBS WHICH ARE IN  EXISTENCE  AT
   10  THE TIME OF INSTALLATION OF A SOLAR COLLECTOR OR DURING THE REMAINDER OF
   11  THAT ANNUAL SOLAR CYCLE CAST A SHADOW UPON THAT SOLAR COLLECTOR.
   12    2.  IN  RECOGNITION  OF  ONGOING  RESEARCH INTO AND DEVELOPMENT OF NEW
   13  TECHNOLOGIES IN ENERGY COLLECTION, THE CHAIR IN  CONSULTATION  WITH  THE
   14  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION, SHALL, WITHIN SIX MONTHS OF
   15  THE EFFECTIVE DATE OF THIS ARTICLE,  PROMULGATE  RULES  AND  REGULATIONS
   16  GOVERNING  THE PLACEMENT AND OPERATIONS OF SOLAR DEVICES AND REGULATIONS
   17  REGARDING POTENTIAL CONFLICTS BETWEEN ADJACENT PASSIVE AND ACTIVE  SOLAR
   18  TECHNOLOGIES.
   19    3.  THE  CHAIR,  IN  CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL
   20  CONSERVATION, SHALL PREPARE, OR CAUSE TO BE PREPARED AND DISTRIBUTED  TO
   21  CITIES,  TOWNS  AND VILLAGES A MODEL COMPREHENSIVE SOLAR SHADE ORDINANCE
   22  FOR THE PURPOSE OF SAVING ENERGY.
   23    4. THE CHAIR, IN CONSULTATION WITH  THE  DEPARTMENT  OF  ENVIRONMENTAL
   24  CONSERVATION,  SHALL PREPARE, OR CAUSE TO BE PREPARED AND DISTRIBUTED TO
   25  CITIES, TOWNS AND VILLAGES A PAMPHLET CONTAINING  INFORMATION  REGARDING
   26  THE SOLAR SHADE CONTROL LAW.
   27    S  503. VIOLATIONS AND PENALTIES.  1. NOT LESS THAN THIRTY DAYS BEFORE
   28  COMMENCING AN ACTION ALLEGING VIOLATION OF SUBDIVISION  ONE  OF  SECTION
   29  FIVE  HUNDRED  TWO  OF  THIS  ARTICLE,  WRITTEN  NOTICE  OF INTENTION TO
   30  COMMENCE SUCH ACTION MUST BE GIVEN BY PERSONAL SERVICE OR CERTIFIED MAIL
   31  TO THE OWNER, LESSEE OR LAWFUL OCCUPANT OF THE PROPERTY WHERE  THE  TREE
   32  OR  SHRUB CAUSING SUCH VIOLATION IS LOCATED TO PROVIDE AN OPPORTUNITY TO
   33  CURE THE VIOLATION.
   34    2. UPON A FINDING OF VIOLATION OF  SUCH  SUBDIVISION,  THE  COURT  MAY
   35  ORDER  THE  PERSON  FOUND  TO  HAVE COMMITTED SUCH VIOLATION TO CURE THE
   36  VIOLATION AND IF THE VIOLATION IS NOT CURED  IN  A  TIMELY  MANNER,  THE
   37  COURT MAY IMPOSE DAMAGES, NOT TO EXCEED ONE THOUSAND DOLLARS.
   38    S  504. APPLICABILITY. 1. NOTHING IN THIS ARTICLE SHALL APPLY TO TREES
   39  PLANTED, GROWN, OR HARVESTED ON LANDS AND  IN  FORESTS  AS  PROVIDED  IN
   40  ARTICLE NINE OF THE ENVIRONMENTAL CONSERVATION LAW OR ON LAND DEVOTED TO
   41  THE PRODUCTION OF COMMERCIAL AGRICULTURAL CROPS.
   42    2. NOTHING IN THIS ARTICLE SHALL APPLY TO THE REPLACEMENT OF A TREE OR
   43  SHRUB  WHICH  HAD  BEEN  GROWING  PRIOR  TO  THE INSTALLATION OF A SOLAR
   44  COLLECTOR AND WHICH,  SUBSEQUENT  TO  THE  INSTALLATION  OF  SUCH  SOLAR
   45  COLLECTOR, DIES.
   46    S  505.  EXEMPTION.  ANY  COUNTY,  CITY, TOWN OR VILLAGE MAY ADOPT, BY
   47  MAJORITY VOTE OF ITS GOVERNING BODY, AN ORDINANCE EXEMPTING SUCH MUNICI-
   48  PALITY FROM THE PROVISIONS OF THIS ARTICLE.
   49    S 2. This act shall take effect immediately.