S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   498

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. PAULIN, GALEF, SCHIMEL, SCHIMMINGER, MAGNARELLI,
  JAFFEE, LUPARDO,  ENGLEBRIGHT  --  Multi-Sponsored  by  --  M.  of  A.
  BOYLAND,  CAHILL,  CLARK,  COLTON,  V. LOPEZ, SWEENEY -- read once and
  referred to the Committee on Local Governments

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
  renewable and alternative energy sources

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 263 of the town law, as amended by chapter  602  of
the laws of 2003, is amended to read as follows:
  S  263. Purposes in view. Such regulations shall be made in accordance
with a comprehensive plan and  designed  to  lessen  congestion  in  the
streets;  to secure safety from fire, flood, panic and other dangers; to
promote health and general welfare; to provide adequate light  and  air;
to  prevent  the  overcrowding  of land; to avoid undue concentration of
population; to make provision for, so far as conditions may permit,  the
accommodation  of  [solar  energy  systems  and  equipment and access to
sunlight necessary therefor] RENEWABLE ENERGY RESOURCES, WHICH  FOR  THE
PURPOSES  OF  THIS  SECTION  SHALL INCLUDE SOLAR THERMAL, PHOTOVOLTAICS,
WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL GROUND SOURCE HEAT,
TIDAL ENERGY, WAVE ENERGY, OCEAN THERMAL, AND FUEL CELLS USING RENEWABLE
FUELS; to  facilitate  the  practice  of  forestry;  to  facilitate  the
adequate  provision  of  transportation, water, sewerage, schools, parks
and other public requirements.  Such  regulations  shall  be  made  with
reasonable consideration, among other things, as to the character of the
district  and  its  peculiar suitability for particular uses, and with a
view to conserving the value  of  buildings  and  encouraging  the  most
appropriate use of land throughout such municipality.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02086-01-3
              

A. 498                              2

  S  2.  Section  7-704 of the village law, as amended by chapter 742 of
the laws of 1979, is amended to read as follows:
  S 7-704 Purposes in view. Such regulations shall be made in accordance
with  a  comprehensive  plan  and  designed  to lessen congestion in the
streets; to secure safety from fire, panic, floods and other dangers; to
promote health and the general welfare; to provide  adequate  light  and
air;  to  prevent the overcrowding of land; to avoid undue concentration
of population; to make provision for, so far as conditions  may  permit,
the  accommodation  of [solar energy systems and equipment and access to
sunlight necessary therefor] RENEWABLE ENERGY RESOURCES, WHICH  FOR  THE
PURPOSES  OF  THIS  SECTION  SHALL INCLUDE SOLAR THERMAL, PHOTOVOLTAICS,
WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL GROUND SOURCE HEAT,
TIDAL ENERGY, WAVE ENERGY, OCEAN THERMAL, AND FUEL CELLS USING RENEWABLE
FUELS; to facilitate the adequate provision  of  transportation,  water,
sewerage, schools, parks and other public requirements. Such regulations
shall  be  made with reasonable consideration, among other things, as to
the character of the district and its peculiar suitability  for  partic-
ular  uses,  and  with  a  view to conserving the value of buildings and
encouraging the most appropriate use of  land  throughout  such  munici-
pality.
  S 3. This act shall take effect immediately.