Bill Text: NY S01179 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides an exemption from requirements for the alienation of parkland for renewable energy generating projects with a generating capacity not exceeding two megawatts and which are located above real property currently used for vehicle parking.

Spectrum: Moderate Partisan Bill (Democrat 11-3)

Status: (Engrossed) 2024-03-20 - referred to environmental conservation [S01179 Detail]

Download: New_York-2023-S01179-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1179

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 10, 2023
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          providing  an  exemption from requirements for the alienation of park-
          land for renewable energy generating projects

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

     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 52-0908 to read as follows:
     3  § 52-0908. Restriction on alienation exemption; renewable energy  gener-
     4               ating projects.
     5    Notwithstanding section 52-0907 of this title, real property acquired,
     6  developed,  improved, restored or rehabilitated by a municipality pursu-
     7  ant to subdivision four of section 52-0901 of this title with funds made
     8  available pursuant to this title may be sold or disposed of or used  for
     9  other  than public park purposes without the express authority of an act
    10  of the legislature, provided that such  real  property  is  not  located
    11  within  the  Adirondack park or Catskill park, as such terms are defined
    12  in section 9-0101 of this chapter, and when such sale or disposal:
    13    1. applies only to the sale or disposal or rights to airspace directly
    14  above such real property; and
    15    2. is for the construction, installation and/or operation of  a  solar
    16  energy  project  not  to exceed two megawatts of generating capacity and
    17  which is located above real property currently used for vehicle parking.
    18    § 2. This act shall take effect immediately and shall apply to  alien-
    19  ations of parkland for renewable energy generating projects occurring on
    20  or after such date.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04162-01-3