Bill Text: NY S00391 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 391 (Prior Session Legislation)

Introduced

Bill Title: Relates to requiring local building and planning regulations to accommodate the use of solar thermal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal ground source heat, tidal energy, wave energy, ocean thermal, farm waste electric generating equipment, and fuel cells.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2021-10-08 - SIGNED CHAP.459 [S00391 Detail]

Download: New_York-2021-S00391-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                           391

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT to amend the town law and the village law, in relation to requir-
          ing local building and planning regulations to accommodate the use  of
          certain renewable and alternative energy sources

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

     1    Section 1. Section 263 of the town law, as amended by chapter  602  of
     2  the laws of 2003, is amended to read as follows:
     3    §  263. Purposes in view. Such regulations shall be made in accordance
     4  with a comprehensive plan and  designed  to  lessen  congestion  in  the
     5  streets;  to secure safety from fire, flood, panic and other dangers; to
     6  promote health and general welfare; to provide adequate light  and  air;
     7  to  prevent  the  overcrowding  of land; to avoid undue concentration of
     8  population; to make provision for, so far as conditions may permit,  the
     9  accommodation  of  [solar  energy  systems  and  equipment and access to
    10  sunlight necessary therefor] solar thermal, photovoltaics, wind,  hydro-
    11  electric,  geothermal  electric,  geothermal  ground  source heat, tidal
    12  energy, wave energy,  ocean  thermal,  farm  waste  electric  generating
    13  equipment  as  defined  in  paragraph  (e) of subdivision one of section
    14  sixty-six-j of the public service law, and fuel cells; to facilitate the
    15  practice of forestry; to facilitate the adequate provision of  transpor-
    16  tation,  water,  sewerage, schools, parks and other public requirements.
    17  Such regulations shall be  made  with  reasonable  consideration,  among
    18  other things, as to the character of the district and its peculiar suit-
    19  ability  for particular uses, and with a view to conserving the value of
    20  buildings and encouraging the most appropriate use  of  land  throughout
    21  such municipality.
    22    §  2.  Section  7-704 of the village law, as amended by chapter 742 of
    23  the laws of 1979, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01128-01-1

        S. 391                              2

     1    § 7-704 Purposes in view. Such regulations shall be made in accordance
     2  with a comprehensive plan and  designed  to  lessen  congestion  in  the
     3  streets; to secure safety from fire, panic, floods and other dangers; to
     4  promote  health  and  the general welfare; to provide adequate light and
     5  air;  to  prevent the overcrowding of land; to avoid undue concentration
     6  of population; to make provision for, so far as conditions  may  permit,
     7  the  accommodation  of [solar energy systems and equipment and access to
     8  sunlight necessary therefor] solar thermal, photovoltaics, wind,  hydro-
     9  electric,  geothermal  electric,  geothermal  ground  source heat, tidal
    10  energy, wave energy,  ocean  thermal,  farm  waste  electric  generating
    11  equipment  as  defined  in  paragraph  (e) of subdivision one of section
    12  sixty-six-j of the public service law and fuel cells; to facilitate  the
    13  adequate  provision  of  transportation, water, sewerage, schools, parks
    14  and other public requirements.  Such  regulations  shall  be  made  with
    15  reasonable consideration, among other things, as to the character of the
    16  district  and  its  peculiar suitability for particular uses, and with a
    17  view to conserving the value  of  buildings  and  encouraging  the  most
    18  appropriate use of land throughout such municipality.
    19    § 3. Notwithstanding the amendments to section 263 of the town law and
    20  section  7-704  of  the village law made by sections one and two of this
    21  act, nothing in this act shall be  construed  to  require  any  town  or
    22  village to amend applicable local building code or zoning regulations.
    23    § 4. This act shall take effect on the one hundred eightieth day after
    24  it  shall  have become a law and shall only apply to comprehensive plans
    25  established or amended on or after the effective date of this act.