Bill Text: NY A09810 | 2023-2024 | General Assembly | Amended
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) 2024-05-30 - print number 9810a [A09810 Detail]
Download: New_York-2023-A09810-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9810--A IN ASSEMBLY April 9, 2024 ___________ Introduced by M. of A. BURDICK -- read once and referred to the Commit- tee on Energy -- 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 25 construction, installation, or operation of a carport-mounted solar 26 energy system with a nameplate capacity of five megawatts or less, in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14983-04-4A. 9810--A 2 1 any non-residential zoning district or mixed commercial and residential 2 zoning district of any such city, town or village, provided however, if 3 the zoning district is a certified agricultural district the agricul- 4 tural impacts of the projects shall be minimized to the extent practica- 5 ble. 6 § 2. This act shall take effect on the first of January next succeed- 7 ing the date on which it shall have become a law.