Bill Text: NY S04266 | 2017-2018 | General Assembly | Amended

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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 (Republican 1-0)

Status: (Introduced - Dead) 2018-06-29 - PRINT NUMBER 4266B [S04266 Detail]

Download: New_York-2017-S04266-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4266--B
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 7, 2017
                                       ___________
        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government -- recom-
          mitted to the Committee on Local Government in accordance with  Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said  committee  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01060-05-8
        S. 4266--B                          2
     1  buildings  and  encouraging  the most appropriate use of land throughout
     2  such municipality.
     3    §  2.  Section  7-704 of the village law, as amended by chapter 742 of
     4  the laws of 1979, is amended to read as follows:
     5    § 7-704 Purposes in view. Such regulations shall be made in accordance
     6  with a comprehensive plan and  designed  to  lessen  congestion  in  the
     7  streets; to secure safety from fire, panic, floods and other dangers; to
     8  promote  health  and  the general welfare; to provide adequate light and
     9  air; to prevent the overcrowding of land; to avoid  undue  concentration
    10  of  population;  to make provision for, so far as conditions may permit,
    11  the accommodation of [solar energy systems and equipment and  access  to
    12  sunlight  necessary therefor] solar thermal, photovoltaics, wind, hydro-
    13  electric, geothermal electric,  geothermal  ground  source  heat,  tidal
    14  energy,  wave  energy,  ocean  thermal,  farm  waste electric generating
    15  equipment as defined in paragraph (e)  of  subdivision  one  of  section
    16  sixty-six-j  of the public service law and fuel cells; to facilitate the
    17  adequate provision of transportation, water,  sewerage,  schools,  parks
    18  and  other  public  requirements.  Such  regulations  shall be made with
    19  reasonable consideration, among other things, as to the character of the
    20  district and its peculiar suitability for particular uses,  and  with  a
    21  view  to  conserving  the  value  of  buildings and encouraging the most
    22  appropriate use of land throughout such municipality.
    23    § 3. This act shall take effect immediately.