NY State Senate Bill 2021-S2997

Senate Bill S2997

Signed By Governor

2021-2022 Legislative Session

Relates to the installation or use of solar power systems within a homeowners' association

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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
Aug 02, 2021	signed chap.342
Jul 21, 2021	delivered to governor
Mar 22, 2021	returned to senate passed assembly
Mar 08, 2021	ordered to third reading cal.123 substituted for a1933
Feb 10, 2021	referred to housing delivered to assembly passed senate
Feb 03, 2021	advanced to third reading
Feb 02, 2021	2nd report cal.
Feb 01, 2021	1st report cal.200
Jan 27, 2021	referred to housing, construction and community development

Votes

- Feb 10, 2021 - Floor Vote
  S2997
  
  47
  
  Aye
  
  16
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 10, 2021
      
      aye (47)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (16)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Jordan
      
      Lanza
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Feb 1, 2021 - Housing, Construction And Community Development Committee Vote
  S2997
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Feb 1, 2021
      
      aye (10)
      
      Boyle
      
      Brisport
      
      Helming
      
      Jackson
      
      Kavanagh
      
      Mannion
      
      Myrie
      
      Rivera
      
      Ryan
      
      Salazar
      
      aye wr (1)
      
      Martucci

co-Sponsors

View additional co-sponsors

2021-S2997 (ACTIVE) - Details

See Assembly Version of this Bill:: A1933
Law Section:: Real Property Law
Laws Affected:: Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7679, A6878
2017-2018: S7735, A3691
2019-2020: S4742, A5896

2021-S2997 (ACTIVE) - Summary

Relates to the installation or use of solar power systems within a homeowners' association.

2021-S2997 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2997

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the real property law, in relation to the installation
or use of solar power systems within a homeowners' association

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to allow the installation or use of
solar power systems (SBS) within homeowner associations.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The Real Property Law is amended by adding a new ARTICLE 9-C
SOLAR RIGHTS ACT § 342. Certain covenants, conditions, and restrictions
of homeowners' association prohibited. 1. Defines "restriction on use"
and "solar power system". 2. A homeowners' association my not adopt or
enforce any rules or regulations that would effectively prohibit, or
impose unreasonable limitations on, the installation or use of a solar

power system. A restriction on use which effectively prohibits the
installation or use of a solar power system is unenforceable and shall
be void as contrary to public policy. For the purpose of this subdivi-
sion, an unreasonable limitation includes, but is not limited to, any
restriction on use that: (a) inhibits the SPS from functioning at its
intended maximum efficiency; or (b) increases the SPS's installation or
maintenance costs by more than 10% of the total cost of the initial
installation of the system. 3. Notwithstanding subdivision two of this
section, a homeowners' association my adopt or enforce a restriction on
use to prohibit the installation of a SPS that is located on property
owned by the homeowners' association or that is located on property
owned in common by the members of the homeowners association. 4. Any
denial of a homeowner's installation of a SPS by an association must
include details for the rejection. 5. A SPS must meet local, state or
federal law, rule or regulation on health and safety standards and those
requirements imposed by state and local permitting authorities. 6. A
person may bring a civil action in a court of competent jurisdiction for
any violation of this section. In any action brought pursuant to this
section, the court may award the appropriate remedies and costs of liti-
gation to the prevailing party.

Section 2. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

6 was removed from Section 1 which state, a person may bring a civil
action in a court of competent jurisdiction for any violation of this
section. In any action brought pursuant to this section, the court may
award the appropriate remedies and costs of litigation to the prevailing
party.

 
JUSTIFICATION:

The New York State Governor and Legislature have embarked upon a multi-
year, multi-pronged initiative to promote solar investment and use. To
meet the goals, however, solar power opportunities must be expanded to
those, who for a variety of reasons, have been prevented from installing
solar systems, particularly solar arrays, on their homes. Most homeowner
associations, for example, have not adapted their by-lays to provide
homeowners with the option. States such as Arizona, California, Florida
and Massachusetts have remedied the problem by enacting laws to prohibit
homeowner associations from banning or curtailing the installation of
solar arrays on one's roof.  Compounding the problem is the lack of
consistency regarding homeowner association by-laws. There is no common
standard governing the installation and most if not all homeowner asso-
ciations reject such installation without citing reasons. Frequently,
litigation results with dissimilar outcomes. This legislation would
permit homeowners the right to install solar arrays in consultation with
their homeowners' association. It would thus expand the use of solar
power systems for homeowners, while granting a role in the decision-mak-
ing process to the homeowner associations.

 
PRIOR LEGISLATIVE HISTORY:

A. 5896-A and S. 4742-A of 2019/2020
A. 3691 and S. 7735 of 2017/2018
A. 6878-C and S. 7679-B of 2015/2016

 
FISCAL IMPLICATIONS:

There are no fiscal implications associated with this legislation.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2021-S2997 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2997
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced by Sens. PARKER, BROOKS, KENNEDY, SEPULVEDA -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Housing, Construction and Community Development
 
 AN ACT to amend the real property law, in relation to  the  installation
   or use of solar power systems within a homeowners' association

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  article
 9-C to read as follows:
                                ARTICLE 9-C
                             SOLAR RIGHTS ACT
 SECTION 342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWN-
                ERS' ASSOCIATIONS PROHIBITED.
   §  342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWNERS'
 ASSOCIATIONS PROHIBITED.  1.  DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS
 SECTION:
   (A) "RESTRICTION ON USE" MEANS ANY COVENANT, RESTRICTION, OR CONDITION
 CONTAINED IN:
   (I) A DEED;
   (II) A CONTRACT;
   (III) THE BY-LAWS OF A HOMEOWNERS' ASSOCIATION;
   (IV) ANY RULES OR REGULATIONS ADOPTED BY A HOMEOWNERS' ASSOCIATION;
   (V) A SECURITY AGREEMENT; OR
   (VI)  ANY  OTHER  INSTRUMENT AFFECTING THE TRANSFER OR SALE OF, OR ANY
 INTEREST IN, REAL PROPERTY.
   (B) "SOLAR POWER SYSTEM" MEANS A PHOTOVOLTAIC  SYSTEM,  COMPRISING  OF
 SOLAR  ELECTRIC  GENERATING  EQUIPMENT,  INSTALLED  ON A ROOFTOP, WITH A
 RATED CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS.
   2. A HOMEOWNERS' ASSOCIATION MAY NOT ADOPT OR  ENFORCE  ANY  RULES  OR
 REGULATIONS  THAT  WOULD  EFFECTIVELY  PROHIBIT,  OR IMPOSE UNREASONABLE
 LIMITATIONS ON, THE INSTALLATION OR USE  OF  A  SOLAR  POWER  SYSTEM.  A

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

                                                            LBD05416-02-1

 S. 2997                             2
 
 RESTRICTION  ON  USE WHICH EFFECTIVELY PROHIBITS THE INSTALLATION OR USE
 OF A SOLAR POWER SYSTEM IS UNENFORCEABLE AND SHALL BE VOID  AS  CONTRARY
 TO  PUBLIC POLICY. FOR THE PURPOSES OF THIS SUBDIVISION, AN UNREASONABLE
 LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY RESTRICTION ON USE THAT:
   (A)  INHIBITS  THE SOLAR POWER SYSTEM FROM FUNCTIONING AT ITS INTENDED
 MAXIMUM EFFICIENCY; OR
   (B) INCREASES THE SOLAR POWER  SYSTEM'S  INSTALLATION  OR  MAINTENANCE
 COSTS  BY AN AMOUNT WHICH IS ESTIMATED TO BE GREATER THAN TEN PERCENT OF
 THE TOTAL COST OF THE INITIAL INSTALLATION OF THE  SOLAR  POWER  SYSTEM,
 INCLUDING THE COSTS OF LABOR AND EQUIPMENT.
   3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF  THIS SECTION, A HOMEOWNERS'
 ASSOCIATION MAY ADOPT OR ENFORCE A RESTRICTION ON USE  TO  PROHIBIT  THE
 INSTALLATION  OF  A SOLAR POWER SYSTEM THAT IS LOCATED ON PROPERTY OWNED
 BY THE HOMEOWNERS' ASSOCIATION OR THAT IS LOCATED ON PROPERTY  OWNED  IN
 COMMON BY THE MEMBERS OF THE HOMEOWNERS' ASSOCIATION.
   4. ANY DENIAL OF A HOMEOWNER'S INSTALLATION OF A SOLAR POWER SYSTEM BY
 A  HOMEOWNERS'  ASSOCIATION  MUST  INCLUDE A DETAILED DESCRIPTION OF THE
 EXACT BASIS FOR REJECTION IN WRITING WITH SPECIFIC EXAMPLES OF THE HOME-
 OWNERS' ASSOCIATION'S CONCERNS, IF APPLICABLE.
   5. A SOLAR POWER SYSTEM MUST MEET THE REQUIREMENTS ESTABLISHED BY  ANY
 LOCAL,  STATE  OR  FEDERAL  LAW, RULE OR REGULATION ON HEALTH AND SAFETY
 STANDARDS AND THOSE REQUIREMENTS IMPOSED BY STATE AND  LOCAL  PERMITTING
 AUTHORITIES.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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