NY State Senate Bill 2015-S3614B

Senate Bill S3614B

2015-2016 Legislative Session

Relates to requiring local building and planning regulations to accommodate the use of certain renewable and alternative energy sources

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Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to local government
Jun 09, 2015	print number 3614b
Jun 09, 2015	amend (t) and recommit to local government
May 28, 2015	print number 3614a
May 28, 2015	amend and recommit to local government
Feb 13, 2015	referred to local government

Bill Amendments

Original

B (Active)

2015-S3614 - Details

See Assembly Version of this Bill:: A65
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §263, Town L; amd §7-704, Vil L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1991, S7155, A626
2011-2012: S664, A314
2013-2014: S1074, A498
2017-2018: S4266, A34
2019-2020: S5739, A436
2021-2022: S391, A443

2015-S3614 - Summary

Relates to requiring local building and planning regulations to accommodate the use of solar thermal, photovoltaic, wind, hydroelectric, geothermal electric, geothermal ground source heat, tidal energy, wave energy, ocean thermal, and fuel cells.

2015-S3614 - Sponsor Memo

                                BILL NUMBER:S3614

TITLE OF BILL:

An act to amend the town law and the village law, in relation to
requiring local building and planning regulations to accommodate the
use of renewable and alternative energy sources

PURPOSE:

To promote the use of renewable energy sources by encouraging towns
and villages to consider certain renewable energy sources when
designing zoning and planning regulations.

SUMMARY OF PROVISIONS:

Section one amends section 263 of the town law by providing that when
a town creates zoning and planning regulations, an additional factor
to be considered shall be the accommodation of certain renewable
energy resources.

Section two amends section 7-704 of the village law by providing that
when a village creates zoning and planning regulations, an additional
factor to be considered shall be the accommodation of certain
renewable energy resources.

Section three provides an immediate effective date.

JUSTIFICATION:

When a town or village creates zoning and planning regulations, they
are created in accordance with a comprehensive plan and with
consideration to several factors. Currently, among such factors are
"safety from fire, flood, panic and other dangers." In order to
encourage the use of alternative sources of energy, the proposed
legislation adds the accommodation of "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 the list of factors that a town or
village shall consider when creating its zoning and planning
regulations.

It is important to consider alternative sources of energy when making
zoning and planning decisions and requiring towns and villages to do
so will, hopefully, promote the use of "green" energy sources which
are cleaner, renewable and better in the long-term.

LEGISLATIVE HISTORY:

2013-14 - S. 1074 - Local Government/A. 498 - 3rd Reading.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:


Immediate.

2015-S3614 - Bill Text download pdf

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

                                  3614

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00537-01-5

S. 3614                             2

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.

2015-S3614A - Details

See Assembly Version of this Bill:: A65
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §263, Town L; amd §7-704, Vil L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1991, S7155, A626
2011-2012: S664, A314
2013-2014: S1074, A498
2017-2018: S4266, A34
2019-2020: S5739, A436
2021-2022: S391, A443

2015-S3614A - Summary

2015-S3614A - Sponsor Memo

                                BILL NUMBER:S3614A

PURPOSE:

To promote the use of renewable energy sources by encouraging towns
and villages to consider certain renewable energy sources when
designing zoning and planning regulations.

SUMMARY OF PROVISIONS:

Section one amends section 263 of the town law by providing that when
a town creates zoning and planning regulations, an additional factor
to be considered shall be the accommodation of certain renewable
energy resources.

Section two amends section 7-704 of the village law by providing that
when a village creates zoning and planning regulations, an additional
factor to be considered shall be the accommodation of certain
renewable energy resources.

Section three provides an immediate effective date.

JUSTIFICATION:

When a town or village creates zoning and planning regulations, they
are created in accordance with a comprehensive plan and with

consideration to several factors. Currently, among such factors are
"safety from fire, flood, panic and other dangers." In order to
encourage the use of alternative sources of energy, the proposed
legislation adds the accommodation of "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 to the list of factors that a town or village shall consider
when creating its zoning and planning regulations.

It is important to consider alternative sources of energy when making
zoning and planning decisions and requiring towns and villages to do
so will, hopefully, promote the use of "green" energy sources which
are cleaner, renewable and better in the long-term.

LEGISLATIVE HISTORY:

2013-14 - S. 1074 - Local Government/A. 498 - 3rd Reading.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

Immediate.

2015-S3614A - Bill Text download pdf

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

                                 3614--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  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
  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; to  facilitate
the practice of forestry; to facilitate the adequate provision of trans-
portation,  water,  sewerage,  schools,  parks and other public require-
ments. 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  2.  Section  7-704 of the village law, as amended by chapter 742 of
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.
                                                           LBD00537-02-5

S. 3614--A                          2

  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; 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.

2015-S3614B (ACTIVE) - Details

See Assembly Version of this Bill:: A65
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §263, Town L; amd §7-704, Vil L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1991, S7155, A626
2011-2012: S664, A314
2013-2014: S1074, A498
2017-2018: S4266, A34
2019-2020: S5739, A436
2021-2022: S391, A443

2015-S3614B (ACTIVE) - Summary

2015-S3614B (ACTIVE) - Sponsor Memo

2015-S3614B (ACTIVE) - Bill Text download pdf

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

                                 3614--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  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:

  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
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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00537-07-5

S. 3614--B                          2

  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.

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