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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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--A
                               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
        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,  and  fuel  cells; to facilitate the practice of forestry; to
    14  facilitate the adequate provision of  transportation,  water,  sewerage,
    15  schools,  parks and other public requirements. Such regulations shall be
    16  made with reasonable consideration, among other things, as to the  char-
    17  acter  of the district and its peculiar suitability for particular uses,
    18  and with a view to conserving the value of buildings and encouraging the
    19  most appropriate use of land throughout such municipality.
    20    § 2. Section 7-704 of the village law, as amended by  chapter  742  of
    21  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.
                                                                   LBD01060-03-8
        S. 4266--A                          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,  and  fuel  cells;  to  facilitate  the adequate provision of
    12  transportation,  water,  sewerage,  schools,  parks  and  other   public
    13  requirements.  Such  regulations shall be made with reasonable consider-
    14  ation, among other things, as to the character of the district  and  its
    15  peculiar  suitability for particular uses, and with a view to conserving
    16  the value of buildings and encouraging the most appropriate use of  land
    17  throughout such municipality.
    18    § 3. This act shall take effect immediately.