Assembly Bill A9810

2023-2024 Legislative Session

Relates to carport-mounted solar energy system siting

download bill text pdf

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Current Bill Status - In Assembly 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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Bill Amendments

2023-A9810 - Details

Current Committee:
Assembly Energy
Law Section:
Energy Law
Laws Affected:
Add Art 5-M §§119-hh & 119-ii, Gen Muni L

2023-A9810 - Summary

Prohibits local governments from prohibiting the construction, installation, or operation of carport-mounted solar energy systems with a nameplate capacity of five megawatts or less, in any non-residential zoning district or mixed commercial and residential zoning district of any such city, town or village, provided however, if the zoning district is a certified agricultural district the agricultural impacts of the projects shall be minimized to the extent practicable.

2023-A9810 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9810
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the energy law, in relation to community energy  project
   siting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The energy law is amended by adding a  new  article  13  to
 read as follows:
                                 ARTICLE 13
                      COMMUNITY ENERGY PROJECT SITING
 
 SECTION 13-101. LEGISLATIVE INTENT.
         13-102. APPLICATION.
         13-103. DEFINITIONS.
         13-104. COMMUNITY ENERGY PROJECT SITING.
   § 13-101. LEGISLATIVE  INTENT. THE LEGISLATURE HEREBY DECLARES THAT IT
 IS THE POLICY OF THIS STATE TO FOSTER AND ENCOURAGE THE  DEVELOPMENT  OF
 SOLAR  ENERGY GENERATING SYSTEMS, TO TAKE ADVANTAGE OF A SAFE, ABUNDANT,
 RENEWABLE AND NON-POLLUTING ENERGY RESOURCE; TO  DECREASE  THE  COST  OF
 ELECTRICITY  TO  THE  OWNERS  OF  RESIDENTIAL AND COMMERCIAL PROPERTIES,
 INCLUDING SINGLE-FAMILY HOUSES;  TO  INCREASE  EMPLOYMENT  AND  BUSINESS
 DEVELOPMENT  IN  THE  STATE,  TO  THE  EXTENT  REASONABLY  PRACTICAL, BY
 FURTHERING THE INSTALLATION OF SOLAR ENERGY SYSTEMS; AND TO PROVIDE  FOR
 THE  DEVELOPMENT  OF  SOLAR  ENERGY  SYSTEMS  IN  NON-RESIDENTIAL ZONING
 DISTRICTS AND MIXED COMMERCIAL AND RESIDENTIAL ZONING DISTRICTS.
   § 13-102. APPLICATION. FOR THE PURPOSES STATED  HEREIN,  THIS  ARTICLE
 SHALL  SUPERSEDE  ALL  STATE AND LOCAL LAWS RELATING TO THE SOLAR ENERGY
 GENERATING SYSTEMS DESCRIBED IN THIS ARTICLE;  PROVIDED,  HOWEVER,  THAT
 NOTHING  IN THIS ARTICLE SHALL BE CONSTRUED TO PREVENT ANY LOCAL GOVERN-
 MENT FROM ENACTING OR ENFORCING ZONING ORDINANCES OR LAWS  WHICH  DETER-
 MINE  PERMISSIBLE USES OR LOT, BULK, OR DIMENSIONAL REQUIREMENTS IN NON-
 RESIDENTIAL ZONING DISTRICTS OR MIXED COMMERCIAL AND RESIDENTIAL  ZONING
 DISTRICTS,  OR  FROM  ENACTING  OR ENFORCING LOCAL LAWS OR ORDINANCES OF
 GENERAL APPLICABILITY INCLUDING LAWS OR ORDINANCES REQUIRING  SITE  PLAN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2023-A9810A (ACTIVE) - Details

Current Committee:
Assembly Energy
Law Section:
Energy Law
Laws Affected:
Add Art 5-M §§119-hh & 119-ii, Gen Muni L

2023-A9810A (ACTIVE) - Summary

Prohibits local governments from prohibiting the construction, installation, or operation of carport-mounted solar energy systems with a nameplate capacity of five megawatts or less, in any non-residential zoning district or mixed commercial and residential zoning district of any such city, town or village, provided however, if the zoning district is a certified agricultural district the agricultural impacts of the projects shall be minimized to the extent practicable.

2023-A9810A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9810--A
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Energy -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the general municipal law,  in  relation  to  siting  of
   carport-mounted solar energy systems
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general municipal law is amended by adding a new  arti-
 cle 5-M to read as follows:
                                 ARTICLE 5-M
                   CARPORT-MOUNTED SOLAR ENERGY SYSTEMS
 
 SECTION 119-HH. LEGISLATIVE INTENT.
         119-II. CARPORT-MOUNTED SOLAR ENERGY SYSTEMS.
   § 119-HH. LEGISLATIVE  INTENT. THE LEGISLATURE HEREBY DECLARES THAT IT
 IS THE POLICY OF THIS STATE TO FOSTER AND ENCOURAGE THE  DEVELOPMENT  OF
 SOLAR  ENERGY GENERATING SYSTEMS, TO TAKE ADVANTAGE OF A SAFE, ABUNDANT,
 RENEWABLE AND NON-POLLUTING ENERGY RESOURCE; TO  DECREASE  THE  COST  OF
 ELECTRICITY  TO  THE  OWNERS  OF  RESIDENTIAL AND COMMERCIAL PROPERTIES,
 INCLUDING SINGLE-FAMILY HOUSES;  TO  INCREASE  EMPLOYMENT  AND  BUSINESS
 DEVELOPMENT  IN  THE  STATE,  TO  THE  EXTENT  REASONABLY  PRACTICAL, BY
 FURTHERING THE INSTALLATION OF SOLAR ENERGY SYSTEMS; AND TO PROVIDE  FOR
 THE  DEVELOPMENT  OF  SOLAR  ENERGY  SYSTEMS  IN  NON-RESIDENTIAL ZONING
 DISTRICTS AND MIXED COMMERCIAL AND RESIDENTIAL ZONING DISTRICTS.
   § 119-II. CARPORT-MOUNTED SOLAR ENERGY SYSTEMS. 1. FOR THE PURPOSES OF
 THIS ARTICLE "CARPORT-MOUNTED SOLAR ENERGY SYSTEM" SHALL  MEAN  A  SOLAR
 ENERGY  SYSTEM NOT TO EXCEED FIVE MEGAWATTS OF GENERATING CAPACITY WHICH
 IS LOCATED AND MOUNTED ON A ROOF OR STRUCTURE ABOVE REAL PROPERTY EXCLU-
 SIVELY IN USE FOR VEHICLE PARKING.
   2.  NO  LOCAL GOVERNMENT SHALL UNDER ANY ZONING ORDINANCE, ZONING LAW,
 OR LAW OR ORDINANCE OF GENERAL APPLICABILITY WHICH DETERMINES  PERMISSI-
 BLE  USES  IN  CITY,  TOWN,  OR  VILLAGE  ZONING DISTRICTS, PROHIBIT THE
 CONSTRUCTION, INSTALLATION, OR  OPERATION  OF  A  CARPORT-MOUNTED  SOLAR
 ENERGY  SYSTEM  WITH  A NAMEPLATE CAPACITY OF FIVE MEGAWATTS OR LESS, IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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