S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  436--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. PAULIN, GALEF, SCHIMMINGER, MAGNARELLI, JAFFEE,
   LUPARDO, ENGLEBRIGHT, M. G. MILLER, OTIS, GOTTFRIED, THIELE, JACOBSON,
   D'URSO -- Multi-Sponsored by -- M. of A. CAHILL, COLTON, PERRY -- read
   once and referred to the Committee on Local  Governments  --  reported
   and  referred to the Committee on Rules -- Rules Committee discharged,
   bill amended, ordered reprinted as  amended  and  recommitted  to  the
   Committee on Rules
 
 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:
   § 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,  FARM  WASTE ELECTRIC GENERATING
 EQUIPMENT AS DEFINED IN PARAGRAPH (E)  OF  SUBDIVISION  ONE  OF  SECTION
 SIXTY-SIX-J OF THE PUBLIC SERVICE LAW, 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00651-05-9

 A. 436--A                           2
 
 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.
   §  2.  Section  7-704 of the village law, as amended by chapter 742 of
 the laws of 1979, is amended to read as follows:
   § 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,  FARM  WASTE ELECTRIC GENERATING
 EQUIPMENT AS DEFINED IN PARAGRAPH (E)  OF  SUBDIVISION  ONE  OF  SECTION
 SIXTY-SIX-J  OF THE PUBLIC SERVICE LAW 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.
   § 3. Notwithstanding the amendments to section 263 of the town law and
 section 7-704 of the village law made by sections one and  two  of  this
 act,  nothing  in  this  act  shall  be construed to require any town or
 village to amend applicable local building code or zoning regulations.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall only apply to  comprehensive  plans
 established or amended on or after the effective date of this act.