NY State Senate Bill 2023-S9547

Senate Bill S9547

2023-2024 Legislative Session

Provides an exemption from requirements for the alienation of parkland for certain renewable energy generating projects in the county of Westchester

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2024	referred to environmental conservation delivered to assembly passed senate
May 28, 2024	ordered to third reading cal.1537 committee discharged and committed to rules
May 21, 2024	print number 9547a
May 21, 2024	amend and recommit to environmental conservation
May 16, 2024	referred to environmental conservation

Votes

- Jun 5, 2024 - Floor Vote
  S9547
  
  54
  
  Aye
  
  5
  
  Nay
  
  1
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2024
      
      aye (54)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      nay (5)
      
      Canzoneri-Fitzpatrick
      
      Helming
      
      O'Mara
      
      Rhoads
      
      Weik
      
      absent (1)
      
      Sanders Jr.
      
      excused (2)
      
      Parker
      
      Walczyk
  May 28, 2024 - Rules Committee Vote
  S9547
  
  17
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 28, 2024
      
      aye (17)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (2)
      
      Helming
      
      Lanza
      
      excused (1)
      
      Krueger

Bill Amendments

Original

A (Active)

2023-S9547 - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §52-0908, En Con L

2023-S9547 - Summary

Provides an exemption from requirements for the alienation of parkland for renewable energy generating projects in the county of Westchester with a generating capacity not exceeding two megawatts and which are located above real property that was established and used for vehicle parking.

2023-S9547 - Sponsor Memo

                                 
BILL NUMBER: S9547

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
providing an exemption from requirements for the alienation of parkland
for renewable energy generating projects in the county of Westchester

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to provide an exemption from require-
ments for the alienation of parkland for certain renewable energy gener-
ating projects in Westchester County only.

 
SUMMARY OF PROVISIONS:

SECTION 1. A new section 52-0908 is added to the Environmental Conserva-
tion Law: RESTRICTION ON ALIENATION EXEMPTION IN WESTCHESTER COUNTY;
RENEWABLE ENERGY GENERATING PROJECTS. This will allow for the alienation
of certain parklands within Westchester County without going to the
state legislature. This applies solely to the airspace directly above

real property located in the county of Westchester, that was used for
vehicle parking prior to the effective date of this section, and only
for the purpose of constructing, installing and/or operating solar ener-
gy project that will not exceed two megawatts of generating capacity.

SECTION 2. Establishes the effective date.

 
JUSTIFICATION:

Under current law, municipalities must request an act from the legisla-
ture to alienate parklands, including the airspace directly above real
property that is being used for vehicle parking. As New York State looks
for ways to implement the Climate Act, interest in solar projects in the
airspace above vehicle parking has increased.  Solar panels are known as
a source of cleaner, renewable energy, which provides cost savings and
generates revenue.

This bill will bypass the procedure of requesting an act from the Legis-
lature when allowing solar energy projects under 2 megawatts to be
located directly above real property that is currently being used for
vehicle parking, resulting in certain solar projects being replicated
more efficiently, saving time and further reducing our carbon footprint.
This legislation was requested by the county of Westchester and
supported by municipalities within.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to alienations of
parkland for renewable energy generating projects in the county of West-
chester occurring on or after that date.

2023-S9547 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9547
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   providing  an  exemption from requirements for the alienation of park-
   land for renewable energy generating projects in the county  of  West-
   chester

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 52-0908 to read as follows:
 § 52-0908. RESTRICTION  ON  ALIENATION  EXEMPTION IN WESTCHESTER COUNTY;
              RENEWABLE ENERGY GENERATING PROJECTS.
   NOTWITHSTANDING SECTION 52-0907 OF THIS TITLE, REAL PROPERTY ACQUIRED,
 DEVELOPED, IMPROVED, RESTORED OR REHABILITATED BY A MUNICIPALITY  WITHIN
 THE  COUNTY  OF  WESTCHESTER  PURSUANT  TO  SUBDIVISION  FOUR OF SECTION
 52-0901 OF THIS TITLE WITH FUNDS MADE AVAILABLE PURSUANT TO  THIS  TITLE
 MAY  BE  SOLD OR DISPOSED OF OR USED FOR OTHER THAN PUBLIC PARK PURPOSES
 WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF  THE  LEGISLATURE,  AND  WHEN
 SUCH SALE OR DISPOSAL OCCURS IT:
   1. APPLIES ONLY TO THE SALE OR DISPOSAL OR RIGHTS TO AIRSPACE DIRECTLY
 ABOVE SUCH REAL PROPERTY; AND
   2.  IS  FOR THE CONSTRUCTION, INSTALLATION AND/OR OPERATION OF A SOLAR
 ENERGY PROJECT NOT TO EXCEED TWO MEGAWATTS OF  GENERATING  CAPACITY  AND
 WHICH IS LOCATED ABOVE REAL PROPERTY CURRENTLY USED FOR VEHICLE PARKING.
   §  2. This act shall take effect immediately and shall apply to alien-
 ations of parkland for renewable energy generating projects in the coun-
 ty of Westchester occurring on or after such date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15514-01-4

2023-S9547A (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §52-0908, En Con L

2023-S9547A (ACTIVE) - Summary

2023-S9547A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9547A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
providing an exemption from requirements for the alienation of parkland
for renewable energy generating projects in the county of Westchester

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to provide an exemption from require-
ments for the alienation of parkland for certain renewable energy gener-
ating projects in Westchester County only.

 
SUMMARY OF PROVISIONS:

SECTION 1. A new section 52-0908 is added to the Environmental Conserva-
tion Law:

RESTRICTION ON ALIENATION EXEMPTION IN WESTCHESTER COUNTY; RENEWABLE
ENERGY GENERATING PROJECTS. This will allow for the alienation of

certain parklands within Westchester County without going to the state
legislature. This applies solely to the airspace directly above real
property located in the county of Westchester, that was used for vehicle
parking prior to the effective date of this section, and only for the
purpose of constructing, installing and/or operating solar energy
project that will not exceed two megawatts of generating capacity.

SECTION 2. Establishes the effective date.

 
JUSTIFICATION:

Under current law, local governments must request an act from the legis-
lature to alienate parklands, including the airspace directly above real
property that is being used for vehicle parking. As New York State looks
for ways to implement the Climate Act, interest in solar projects in the
airspace above vehicle parking has increased.  Solar panels are known as
a source of cleaner, renewable energy, which provides cost savings and
generates revenue.  This bill will bypass the procedure of requesting an
act from the Legislature when allowing solar energy projects under 2
megawatts to be located directly above real property that is currently
being used for vehicle parking, resulting in certain solar projects
being replicated more efficiently, saving time and further reducing our
carbon footprint. This legislation was requested by the county of West-
chester.   
PRIOR LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to alienations of
parkland for renewable energy generating projects in the county of West-
chester occurring on or after that date.

2023-S9547A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9547--A
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   providing an exemption from requirements for the alienation  of  park-
   land  for  renewable energy generating projects in the county of West-
   chester
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 52-0908 to read as follows:
 § 52-0908. RESTRICTION ON ALIENATION EXEMPTION  IN  WESTCHESTER  COUNTY;
              RENEWABLE ENERGY GENERATING PROJECTS.
   NOTWITHSTANDING SECTION 52-0907 OF THIS TITLE, REAL PROPERTY ACQUIRED,
 DEVELOPED,  IMPROVED,  RESTORED  OR REHABILITATED BY THE COUNTY OF WEST-
 CHESTER PURSUANT TO SUBDIVISION FOUR OF SECTION 52-0901  OF  THIS  TITLE
 WITH FUNDS MADE AVAILABLE PURSUANT TO THIS TITLE MAY BE SOLD OR DISPOSED
 OF  OR  USED  FOR  OTHER  THAN  PUBLIC PARK PURPOSES WITHOUT THE EXPRESS
 AUTHORITY OF AN ACT OF THE LEGISLATURE, AND WHEN SUCH SALE  OR  DISPOSAL
 OCCURS IT:
   1. APPLIES ONLY TO THE SALE OR DISPOSAL OR RIGHTS TO AIRSPACE DIRECTLY
 ABOVE SUCH REAL PROPERTY; AND
   2.  IS  FOR THE CONSTRUCTION, INSTALLATION AND/OR OPERATION OF A SOLAR
 ENERGY PROJECT NOT TO EXCEED TWO MEGAWATTS OF  GENERATING  CAPACITY  AND
 WHICH  IS  LOCATED ABOVE REAL PROPERTY THAT WAS ESTABLISHED AND USED FOR
 VEHICLE PARKING PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately and shall apply to  alien-
 ations of parkland for renewable energy generating projects in the coun-
 ty of Westchester occurring on or after such date.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15514-04-4

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