S T A T E   O F   N E W   Y O R K
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                                  65--A
                                                        Cal. No. 339

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. PAULIN, GALEF, SCHIMEL, SCHIMMINGER, MAGNARELLI,
  JAFFEE, LUPARDO,  ENGLEBRIGHT,  MILLER,  OTIS,  GOTTFRIED,  THIELE  --
  Multi-Sponsored  by  --  M. of A. CAHILL, CLARK, COLTON, PERRY -- read
  once and referred to the Committee on Local  Governments  --  reported
  and  referred  to  the  Committee  on  Ways and Means -- reported from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining its place on the order of third reading

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:

  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] SOLAR THERMAL, PHOTOVOLTAICS, WIND,  HYDRO-
ELECTRIC,  GEOTHERMAL  ELECTRIC,  GEOTHERMAL  GROUND  SOURCE HEAT, TIDAL
ENERGY, WAVE ENERGY, OCEAN THERMAL, AND FUEL CELLS;  to  facilitate  the
practice  of forestry; to facilitate the adequate provision of transpor-
tation, 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 suit-
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.
              

                                                           LBD00537-06-5

A. 65--A                            2

buildings  and  encouraging  the most appropriate use of land throughout
such municipality.
  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] SOLAR THERMAL, PHOTOVOLTAICS, WIND, HYDRO-
ELECTRIC, GEOTHERMAL ELECTRIC,  GEOTHERMAL  GROUND  SOURCE  HEAT,  TIDAL
ENERGY,  WAVE  ENERGY,  OCEAN THERMAL, AND FUEL CELLS; 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.
  S 3. This act shall take effect immediately.