Bill Text: NY A05248 | 2009-2010 | General Assembly | Amended
Bill Title: Prohibits the shading of solar energy devices on adjacent property by landscaping.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-02-02 - reported referred to codes [A05248 Detail]
Download: New_York-2009-A05248-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5248--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
___________
Introduced by M. of A. MENG, DelMONTE -- Multi-Sponsored by -- M. of A.
PHEFFER, WEISENBERG -- read once and referred to the Committee on
Judiciary -- reported and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 15
2 to read as follows:
3 ARTICLE 15
4 SOLAR SHADE CONTROL LAW
5 SECTION 470. SHORT TITLE.
6 471. DEFINITIONS.
7 472. INTERFERENCE WITH SOLAR DEVICE.
8 473. VIOLATIONS AND PENALTIES.
9 474. APPLICABILITY.
10 475. EXEMPTION.
11 S 470. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
12 THE "SOLAR SHADE CONTROL LAW".
13 S 471. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05173-02-9
A. 5248--A 2
1 2. "CHAIR" MEANS THE CHAIR OF THE NEW YORK STATE ENERGY RESEARCH AND
2 DEVELOPMENT AUTHORITY.
3 S 472. INTERFERENCE WITH SOLAR DEVICE. 1. AFTER JANUARY FIRST, TWO
4 THOUSAND TEN, NO PERSON OWNING, OR IN CONTROL OF A PROPERTY SHALL ALLOW
5 A TREE OR SHRUB TO BE PLACED, OR, IF PLACED, TO GROW ON SUCH PROPERTY,
6 SUBSEQUENT TO THE INSTALLATION OF A SOLAR COLLECTOR ON THE PROPERTY OF
7 ANOTHER SO AS TO CAST A SHADOW GREATER THAN TEN PERCENT OF THE COLLECTOR
8 ABSORPTION AREA UPON THAT SOLAR COLLECTOR SURFACE ON THE PROPERTY OF
9 ANOTHER AT ANY ONE TIME BETWEEN THE HOURS OF TEN O'CLOCK A.M. AND TWO
10 O'CLOCK P.M., LOCAL STANDARD TIME; PROVIDED, THAT THIS SECTION SHALL NOT
11 APPLY TO SPECIFIC TREES AND SHRUBS WHICH ARE IN EXISTENCE AT THE TIME OF
12 INSTALLATION OF A SOLAR COLLECTOR OR DURING THE REMAINDER OF THAT ANNUAL
13 SOLAR CYCLE CAST A SHADOW UPON THAT SOLAR COLLECTOR.
14 2. IN RECOGNITION OF ONGOING RESEARCH INTO AND DEVELOPMENT OF NEW
15 TECHNOLOGIES IN ENERGY COLLECTION, THE CHAIR IN CONSULTATION WITH THE
16 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL, WITHIN SIX MONTHS OF
17 THE EFFECTIVE DATE OF THIS ARTICLE, PROMULGATE RULES AND REGULATIONS
18 GOVERNING THE PLACEMENT AND OPERATIONS OF SOLAR DEVICES AND REGULATIONS
19 REGARDING POTENTIAL CONFLICTS BETWEEN ADJACENT PASSIVE AND ACTIVE SOLAR
20 TECHNOLOGIES.
21 3. 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 MODEL COMPREHENSIVE SOLAR SHADE ORDINANCE
24 FOR THE PURPOSE OF SAVING ENERGY.
25 4. THE CHAIR, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL
26 CONSERVATION, SHALL PREPARE, OR CAUSE TO BE PREPARED AND DISTRIBUTED TO
27 CITIES, TOWNS AND VILLAGES A PAMPHLET CONTAINING INFORMATION REGARDING
28 THE SOLAR SHADE CONTROL LAW.
29 S 473. VIOLATIONS AND PENALTIES. 1. NOT LESS THAN THIRTY DAYS BEFORE
30 COMMENCING AN ACTION ALLEGING VIOLATION OF SUBDIVISION ONE OF SECTION
31 FOUR HUNDRED SEVENTY-TWO OF THIS ARTICLE, WRITTEN NOTICE OF INTENTION TO
32 COMMENCE SUCH ACTION MUST BE GIVEN BY PERSONAL SERVICE OR CERTIFIED MAIL
33 TO THE OWNER, LESSEE OR LAWFUL OCCUPANT OF THE PROPERTY WHERE THE TREE
34 OR SHRUB CAUSING SUCH VIOLATION IS LOCATED TO PROVIDE AN OPPORTUNITY TO
35 CURE THE VIOLATION.
36 2. UPON A FINDING OF VIOLATION OF SUCH SUBDIVISION, THE COURT MAY
37 ORDER THE PERSON FOUND TO HAVE COMMITTED SUCH VIOLATION TO CURE THE
38 VIOLATION AND IF THE VIOLATION IS NOT CURED IN A TIMELY MANNER, THE
39 COURT MAY IMPOSE DAMAGES, NOT TO EXCEED ONE THOUSAND DOLLARS.
40 S 474. APPLICABILITY. 1. NOTHING IN THIS ARTICLE SHALL APPLY TO TREES
41 PLANTED, GROWN, OR HARVESTED ON LANDS AND IN FORESTS AS PROVIDED IN
42 ARTICLE NINE OF THE ENVIRONMENTAL CONSERVATION LAW OR ON LAND DEVOTED TO
43 THE PRODUCTION OF COMMERCIAL AGRICULTURAL CROPS.
44 2. NOTHING IN THIS ARTICLE SHALL APPLY TO THE REPLACEMENT OF A TREE OR
45 SHRUB WHICH HAD BEEN GROWING PRIOR TO THE INSTALLATION OF A SOLAR
46 COLLECTOR AND WHICH, SUBSEQUENT TO THE INSTALLATION OF SUCH SOLAR
47 COLLECTOR, DIES.
48 S 475. EXEMPTION. ANY COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT, BY
49 MAJORITY VOTE OF ITS GOVERNING BODY, AN ORDINANCE EXEMPTING SUCH MUNICI-
50 PALITY FROM THE PROVISIONS OF THIS ARTICLE.
51 S 2. This act shall take effect immediately.
