S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    391
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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
   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-
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01128-01-1

 S. 391                              2
 
   § 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.