S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5781
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced by Sens. HARCKHAM, JACKSON -- read twice and ordered printed,
   and  when  printed  to  be  committed  to  the  Committee  on Housing,
   Construction and Community Development
 
 AN ACT to amend the executive law, in relation to residential solar  and
   energy storage permitting

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs i and j of subdivision 1 of section 381  of  the
 executive  law,  paragraph  i  as  amended  and  paragraph j as added by
 section 3 of part T of chapter 57 of the laws of 2023, are amended and a
 new paragraph k is added to read as follows:
   i. standards and procedures for measuring the rate of compliance  with
 the  state energy conservation construction code, and provisions requir-
 ing that such rate of compliance be measured on an annual basis; [and]
   j. procedures requiring the documentation  of  compliance  with  regu-
 lations  adopted  pursuant  to section thirteen hundred seventy-seven of
 the public health law as a condition to issuance  of  a  certificate  of
 occupancy  or certificate of compliance following a periodic fire safety
 and property maintenance inspection for multiple dwellings[.]; AND
   K. (I) STANDARDS AND PROCEDURES REQUIRING:
   (A) ANY AUTHORITY HAVING JURISDICTION OVER A POPULATION EXCEEDING FIVE
 THOUSAND RESIDENTS TO ADOPT A  RESIDENTIAL  AUTOMATED  SOLAR  PERMITTING
 PLATFORM  BY  JUNE  THIRTIETH,  TWO  THOUSAND  TWENTY-SIX. THE AUTHORITY
 HAVING JURISDICTION SHALL  ANTICIPATE  THAT  THE  RESIDENTIAL  AUTOMATED
 SOLAR  PERMITTING  PLATFORM WILL HAVE THE CAPABILITY TO PROCESS AT LEAST
 SEVENTY-FIVE PERCENT OF  RESIDENTIAL  SOLAR  APPLICATIONS  FOR  EXISTING
 CONSTRUCTION SUBMITTED TO AUTHORITIES HAVING JURISDICTION IN THE STATE.
   (B)  (1)  AUTHORITIES HAVING JURISDICTION TO SUBMIT COMPLIANCE REPORTS
 TO THE DEPARTMENT WITHIN SIXTY DAYS OF ACHIEVING COMPLIANCE WITH  CLAUSE
 (A) OF THIS SUBPARAGRAPH, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) THE DATE OF COMPLIANCE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06584-02-5
              

 S. 5781                             2
 
   (II) THE SOFTWARE OR A COMBINATION OF SOFTWARE USED FOR COMPLIANCE;
   (III)  CONFIRMATION  THAT THE AUTHORITY HAVING JURISDICTION IS USING A
 RESIDENTIAL AUTOMATED  SOLAR  PERMITTING  PLATFORM  TO  INSTANTLY  ISSUE
 PERMITS AND PERMIT REVISIONS FOR RESIDENTIAL SOLAR PHOTOVOLTAIC SYSTEMS;
 AND
   (IV)  AN  EXPLANATION FOR WHY THE AUTHORITY HAVING JURISDICTION ANTIC-
 IPATES THE RESIDENTIAL AUTOMATED SOLAR PERMITTING PLATFORM HAS THE CAPA-
 BILITY TO PROCESS AT LEAST SEVENTY-FIVE PERCENT OF THE RESIDENTIAL SOLAR
 PHOTOVOLTAIC PERMIT APPLICATIONS ON EXISTING CONSTRUCTION  SUBMITTED  TO
 AUTHORITIES  HAVING  JURISDICTION  IN THE STATE. THIS EXPLANATION MAY BE
 BASED ON, BUT IS NOT NECESSARILY LIMITED TO, STATEMENTS FROM  THE  SOFT-
 WARE PROVIDER OF THE RESIDENTIAL AUTOMATED SOLAR PERMITTING PLATFORM.
   (2)  THE  DEPARTMENT MAY ESTABLISH GUIDELINES FOR THE REPORTS PURSUANT
 TO ITEM ONE OF THIS CLAUSE.
   (3) THE DEPARTMENT MAY DETERMINE THE ACCURACY OF THE AUTHORITY  HAVING
 JURISDICTION'S  REPORT  OF  COMPLIANCE  PURSUANT  TO  CLAUSE ONE OF THIS
 SUBPARAGRAPH. THE DEPARTMENT MAY ALSO MAKE SUCH FINDINGS PUBLICLY AVAIL-
 ABLE AND MAY TAKE NECESSARY ACTIONS TO ENFORCE  COMPLIANCE  WITH  CLAUSE
 (A) OF THIS SUBPARAGRAPH BASED ON SUCH FINDINGS.
   (C)  (1)  AUTHORITIES  HAVING JURISDICTION TO SUBMIT ANNUAL REPORTS TO
 THE DEPARTMENT ON THE USAGE OF THE RESIDENTIAL AUTOMATED  SOLAR  PERMIT-
 TING  PLATFORM. BETWEEN APRIL FIRST, TWO THOUSAND TWENTY-SEVEN AND APRIL
 FIRST, TWO THOUSAND THIRTY-SIX, EACH AUTHORITY HAVING JURISDICTION SHALL
 SUBMIT SUCH REPORTS ANNUALLY BY APRIL FIRST COVERING THE PREVIOUS CALEN-
 DAR YEAR.  THE DEPARTMENT MAY ESTABLISH GUIDELINES  FOR  THESE  REPORTS.
 SUCH REPORTS SHALL INCLUDE THE FOLLOWING:
   (I)  THE  NUMBER  OF  PERMITS ISSUED THROUGH THE RESIDENTIAL AUTOMATED
 SOLAR PERMITTING PLATFORM AND RELEVANT CHARACTERISTICS OF THOSE SYSTEMS;
   (II) THE NUMBER OF RESIDENTIAL PHOTOVOLTAIC SOLAR  PERMITS  ISSUED  BY
 MEANS OTHER THAN THE RESIDENTIAL AUTOMATED SOLAR PERMITTING PLATFORM AND
 RELEVANT CHARACTERISTICS OF THOSE SYSTEMS;
   (III) THE SOFTWARE OR COMBINATION OF SOFTWARE USED FOR COMPLIANCE;
   (IV)  CONFIRMATION  THAT  THE AUTHORITY HAVING JURISDICTION IS USING A
 RESIDENTIAL  AUTOMATED  SOLAR  PERMITTING  PLATFORM  TO  ISSUE   PERMITS
 INSTANTLY  AND  ISSUE  PERMIT  REVISIONS INSTANTLY FOR RESIDENTIAL SOLAR
 PHOTOVOLTAIC SYSTEMS; AND
   (V) A PLAN TO  INCREASE  USAGE  OF  THE  RESIDENTIAL  AUTOMATED  SOLAR
 PERMITTING  PLATFORM  IF  FEWER THAN SEVENTY-FIVE PERCENT OF RESIDENTIAL
 SOLAR PHOTOVOLTAIC PERMITS ARE ISSUED THROUGH THE  AUTOMATED  PERMITTING
 PLATFORM ON EXISTING CONSTRUCTION.
   (2)  THE DEPARTMENT MAY DETERMINE THE ACCURACY OF THE AUTHORITY HAVING
 JURISDICTION'S ANNUAL REPORT PURSUANT TO ITEM ONE OF THIS CLAUSE.    THE
 DEPARTMENT  MAY  ALSO MAKE SUCH FINDINGS PUBLICLY AVAILABLE AND MAY TAKE
 NECESSARY ACTIONS, INCLUDING BUT NOT LIMITED TO ASSESSMENT OF PENALTIES,
 TO ENFORCE COMPLIANCE WITH CLAUSE (A) OF THIS SUBPARAGRAPH BASED ON SUCH
 FINDINGS.
   (D) AUTHORITIES HAVING JURISDICTION OVER A POPULATION  EXCEEDING  FIVE
 THOUSAND  RESIDENTS  TO  PROVIDE  AN  OPTION  FOR REMOTE INSPECTIONS VIA
 RECORDED VIDEO  OR  PHOTO  THAT  CAN  BE  SUBMITTED  ELECTRONICALLY  FOR
 PROJECTS  PERMITTED  BY THE RESIDENTIAL AUTOMATED SOLAR PERMITTING PLAT-
 FORM. SUCH INSPECTIONS SHALL BE OFFERED AT NO GREATER COST AND  WITH  NO
 GREATER DELAY THAN IN-PERSON INSPECTIONS.
   (II)   AN AUTHORITY HAVING JURISDICTION THAT DOES NOT REQUIRE A PERMIT
 FOR RESIDENTIAL PHOTOVOLTAIC SOLAR SYSTEMS IS EXEMPT FROM  THE  REQUIRE-
 MENTS OF THIS PARAGRAPH.
 S. 5781                             3
 
   (III)  AS  USED  IN THIS PARAGRAPH, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "DEPARTMENT" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT AUTHORITY.
   (B)  "RESIDENTIAL  AUTOMATED SOLAR PERMITTING PLATFORM" MEANS SOFTWARE
 OR A COMBINATION OF SOFTWARE DESIGNED TO AUTOMATE PLAN REVIEW,  GENERATE
 CODE-COMPLIANT APPROVALS, ACCEPT ONLINE PAYMENTS FOR PERMITTING FEES, IF
 APPLICABLE,  AND  INSTANTLY ISSUE PERMITS AND PERMIT REVISIONS FOR RESI-
 DENTIAL PHOTOVOLTAIC SYSTEMS UPON ONLINE SUBMISSION OF A  CODE-COMPLIANT
 APPLICATION  AND  PAYMENT  OF  ANY REQUIRED FEES. SUCH PLATFORM SHALL BE
 AVAILABLE FOR RESIDENTIAL PHOTOVOLTAIC SYSTEMS UP TO THE MAXIMUM CAPACI-
 TY ALLOWED WITH A TWO HUNDRED AMP MAIN SERVICE DISCONNECT, INSTALLED  IN
 ACCORDANCE WITH THE RESIDENTIAL CODE OF NEW YORK STATE, AS UPDATED, THAT
 MAY  ALSO  INCLUDE  AN  ENERGY STORAGE SYSTEM UP TO THE MAXIMUM CAPACITY
 ALLOWED UNDER THE RESIDENTIAL CODE OF  NEW  YORK  STATE,  A  MAIN  PANEL
 UPGRADE, AND/OR A MAIN BREAKER DERATE.
   (C)  "AUTHORITY  HAVING  JURISDICTION"  SHALL REFER TO ANY CITY, TOWN,
 VILLAGE, COUNTY, OR OTHER GOVERNMENTAL UNIT OR  AGENCY  RESPONSIBLE  FOR
 THE  ADMINISTRATION  AND  ENFORCEMENT OF THE UNIFORM FIRE PREVENTION AND
 BUILDING CODE AND THE STATE ENERGY CONSERVATION  CONSTRUCTION  CODE,  AS
 DEFINED IN 19 NYCRR, SECTION 1203.1, AS UPDATED.
   §  2.  This act shall take effect immediately, provided, however, that
 the amendments to paragraphs i and j of subdivision 1 of section 381  of
 the  executive  law made by section one of this act shall take effect on
 the same date and in the same manner as section 3 of part T  of  chapter
 57 of the laws of 2023, takes effect.