S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8914
 
                             I N  S E N A T E
 
                              March 27, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14983-02-4
 S. 8914                             2
 
 GENERAL  APPLICABILITY  INCLUDING LAWS OR ORDINANCES REQUIRING SITE PLAN
 APPROVAL OR SPECIAL PERMIT APPROVAL OF A SOLAR ENERGY  SYSTEM  PERMITTED
 BY  THIS  ARTICLE,  EXCEPT  THAT SUCH LOCAL LAWS OR ORDINANCES SHALL NOT
 CONFLICT WITH THIS ARTICLE.
   § 13-103. DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "SOLAR ENERGY SYSTEM" OR "SOLAR ENERGY GENERATING SYSTEM" MEANS THE
 COMPONENTS AND SUBSYSTEMS REQUIRED TO CONVERT SOLAR ENERGY INTO ELECTRIC
 ENERGY SUITABLE FOR USE WHEN USED IN  A  VEHICLE  CARPORT-MOUNTED  SOLAR
 ENERGY  SYSTEM,  BUILDING-INTEGRATED SOLAR ENERGY SYSTEM OR ROOF-MOUNTED
 SOLAR ENERGY SYSTEM. SUCH TERMS INCLUDE, BUT ARE NOT LIMITED  TO,  SOLAR
 PANELS AND SOLAR ENERGY EQUIPMENT.
   2.  "VEHICLE CARPORT-MOUNTED SOLAR ENERGY SYSTEM" MEANS A SOLAR ENERGY
 SYSTEM NOT TO EXCEED TWO  MEGAWATTS  OF  GENERATING  CAPACITY  WHICH  IS
 LOCATED ABOVE REAL PROPERTY CURRENTLY USED FOR VEHICLE PARKING.
   3.  "SOLAR  ENERGY  EQUIPMENT"  MEANS  ELECTRICAL  MATERIAL, HARDWARE,
 INVERTERS, CONDUIT, ENERGY STORAGE  DEVICES,  OR  OTHER  ELECTRICAL  AND
 PHOTOVOLTAIC  EQUIPMENT  ASSOCIATED  WITH  THE PRODUCTION AND STORAGE OF
 ELECTRICITY.
   4. "SOLAR PANEL" MEANS A PHOTOVOLTAIC DEVICE CAPABLE OF COLLECTING AND
 CONVERTING SOLAR ENERGY INTO ELECTRICITY.
   5. "NAMEPLATE CAPACITY" MEANS A SOLAR ENERGY SYSTEM'S MAXIMUM ELECTRIC
 POWER OUTPUT UNDER OPTIMAL OPERATING CONDITIONS.
   § 13-104. COMMUNITY ENERGY PROJECT SITING. NO LOCAL  GOVERNMENT  SHALL
 UNDER  ANY  ZONING ORDINANCE, ZONING LAW, OR LAW OR ORDINANCE OF GENERAL
 APPLICABILITY WHICH  DETERMINES  PERMISSIBLE  USES  IN  CITY,  TOWN,  OR
 VILLAGE  ZONING  DISTRICTS,  PROHIBIT THE CONSTRUCTION, INSTALLATION, OR
 OPERATION OF SOLAR ENERGY GENERATING SYSTEMS WITH A  NAMEPLATE  CAPACITY
 OF  TWO  MEGAWATTS  OR  LESS,  IN ANY NON-RESIDENTIAL ZONING DISTRICT OR
 MIXED COMMERCIAL AND RESIDENTIAL ZONING DISTRICT OF ANY SUCH CITY,  TOWN
 OR  VILLAGE,  UNLESS  THE  ZONING  DISTRICT  IS A CERTIFIED AGRICULTURAL
 DISTRICT.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.