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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7269
SPONSOR: Levenberg 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 OR GENERAL IDEA OF BILL:
The purpose of this legislation is to provide an exemption from require-
ment for the alienation of parkland for certain renewable energy gener-
ating projects.
SUMMARY OF PROVISIONS:
SECTION 1. A new section 52-0908 is added to the Environmental Conserva-
tion law titled RESTRICTION ON ALIENATION EXEMPTION; RENEWABLE ENERGY
GENERATING PROJECTS, which will allow alienation of certain parklands
without going to the legislature. It must not be in the Adirondack or
Catskill parks and 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 exceeding two megawatts of
generating capacity, and which is located above real property currently
used for vehicle parking.
SECTION 2. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable at this time.
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.
PRIOR LEGISLATIVE HISTORY:
A.6838 and S.2995 of 2021/2022
S.8635 2019/2020
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications associated with the passage of this
legislation.
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.
STATE OF NEW YORK
________________________________________________________________________
7269
2023-2024 Regular Sessions
IN ASSEMBLY
May 16, 2023
___________
Introduced by M. of A. LEVENBERG -- read once and referred 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:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 52-0908 to read as follows:
3 § 52-0908. Restriction on alienation exemption; renewable energy gener-
4 ating projects.
5 Notwithstanding section 52-0907 of this title, real property acquired,
6 developed, improved, restored or rehabilitated by a municipality pursu-
7 ant to subdivision four of section 52-0901 of this title with funds made
8 available pursuant to this title may be sold or disposed of or used for
9 other than public park purposes without the express authority of an act
10 of the legislature, provided that such real property is not located
11 within the Adirondack park or Catskill park, as such terms are defined
12 in section 9-0101 of this chapter, and when such sale or disposal:
13 1. applies only to the sale or disposal or rights to airspace directly
14 above such real property; and
15 2. is for the construction, installation and/or operation of a solar
16 energy project not to exceed two megawatts of generating capacity and
17 which is located above real property currently used for vehicle parking.
18 § 2. This act shall take effect immediately and shall apply to alien-
19 ations of parkland for renewable energy generating projects occurring on
20 or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04162-01-3
