NY State Senate Bill 2025-S270

Senate Bill S270

2025-2026 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Environmental Conservation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to environmental conservation

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2025-S270 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §52-0908, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8635
2021-2022: S2995
2023-2024: S1179

2025-S270 (ACTIVE) - Summary

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

2025-S270 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S270

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

 
PURPOSE:

Provides an exemption from requirements for the alienation of parkland
for renewable energy generating projects.

 
SUMMARY OF PROVISIONS:

Section 1 amends the environmental conservation law by adding new
section 52-0908 allowing alienation of certain parklands to bypass the
procedure of getting an act from the legislature. This shall only apply
in relation to airspace directly above such real property and 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.

Section 2 states the effective date.

 
JUSTIFICATION:

Under current law, municipalities must request an act from the legisla-
ture to alienate parklands which includes airspace directly above real
property being used for vehicle parking. As New York State looks for
ways to implement the Climate Leadership and Community Protection Act
(CLCPA), interest in solar projects in the airspace above vehicle park-
ing has increased. Solar panels are known as a source of clean, renewa-
ble energy, which provides cost savings and generates revenue.

This bill will allow solar energy projects under 2 megawatts, located
directly above real property which are currently being used for vehicle
parking to bypass the procedure of requesting an act from the Legisla-
ture. Resulting in certain solar projects being replicated more effi-
ciently, saving time, and reducing carbon footprint.

 
LEGISLATIVE HISTORY:

2022-2024: 51179 - Passed Senate/Died in Environmental Conservation

2021-2022: S2995/A6838 - Passed Senate/Died in Environmental Conserva-
tion

2019-2020: S8635 - Passed Senate FISCAL IMPLICATIONS: None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to alienations of
parkland for renewable energy generating projects occurring on or after
such date.

2025-S270 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    270
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  HARCKHAM,  ADDABBO,  COMRIE, FERNANDEZ, GALLIVAN,
   GOUNARDES, HELMING, HINCHEY, HOYLMAN-SIGAL, LIU, MAY,  ORTT,  STAVISKY
   -- 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
 
   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; RENEWABLE ENERGY GENER-
              ATING PROJECTS.
   NOTWITHSTANDING SECTION 52-0907 OF THIS TITLE, REAL PROPERTY ACQUIRED,
 DEVELOPED, IMPROVED, RESTORED OR REHABILITATED BY A MUNICIPALITY  PURSU-
 ANT 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,  PROVIDED  THAT  SUCH REAL PROPERTY IS NOT LOCATED
 WITHIN THE ADIRONDACK PARK OR CATSKILL PARK, AS SUCH TERMS  ARE  DEFINED
 IN SECTION 9-0101 OF THIS CHAPTER, AND WHEN SUCH SALE OR DISPOSAL:
   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 occurring on
 or after such date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00396-01-5

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