A00314 Summary:

BILL NOA00314
 
SAME ASSAME AS S00664
 
SPONSORPaulin (MS)
 
COSPNSRGalef, Reilly, Schimel, Schimminger, Magnarelli, Jaffee, Lupardo, Englebright, Abinanti
 
MLTSPNSRBoyland, Cahill, Clark, Colton, Latimer, Lopez V, McEneny, Sweeney
 
Amd S263, Town L; amd S7-704, Vil L
 
Relates to requiring local building and planning regulations to accommodate the use of renewable energy resources such as solar thermal, photovoltaic, wind, hydroelectric, geothermal electric, geothermal ground source heat, tidal energy, wave energy, ocean thermal, and fuel cells using renewable fuels.
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A00314 Actions:

BILL NOA00314
 
01/05/2011referred to local governments
02/08/2011reported referred to ways and means
05/03/2011reported
05/05/2011advanced to third reading cal.237
05/18/2011passed assembly
05/18/2011delivered to senate
05/18/2011REFERRED TO LOCAL GOVERNMENT
01/04/2012DIED IN SENATE
01/04/2012RETURNED TO ASSEMBLY
01/04/2012ordered to third reading cal.19
01/30/2012passed assembly
01/30/2012delivered to senate
01/30/2012REFERRED TO LOCAL GOVERNMENT
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A00314 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           314
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN, GALEF, REILLY, SCHIMEL, SCHIMMINGER,
          MAGNARELLI, JAFFEE, LUPARDO, ENGLEBRIGHT -- Multi-Sponsored by  --  M.
          of  A.  BOYLAND,  CAHILL,  CLARK,  COLTON, V. LOPEZ, McENENY, PHEFFER,
          SWEENEY -- read once and referred to the Committee  on  Local  Govern-
          ments
 

        AN ACT to amend the town law and the village law, in relation to requir-
          ing  local building and planning regulations to accommodate the use of
          renewable and alternative energy sources
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 263 of the town law, as amended by chapter 602 of
     2  the laws of 2003, is amended to read as follows:
     3    § 263. Purposes in view. Such regulations shall be made in  accordance
     4  with  a  comprehensive  plan  and  designed  to lessen congestion in the
     5  streets; to secure safety from fire, flood, panic and other dangers;  to
     6  promote  health  and general welfare; to provide adequate light and air;
     7  to prevent the overcrowding of land; to  avoid  undue  concentration  of
     8  population;  to make provision for, so far as conditions may permit, the

     9  accommodation of [solar energy  systems  and  equipment  and  access  to
    10  sunlight  necessary  therefor] renewable energy resources, which for the
    11  purposes of this section shall  include  solar  thermal,  photovoltaics,
    12  wind, hydroelectric, geothermal electric, geothermal ground source heat,
    13  tidal energy, wave energy, ocean thermal, and fuel cells using renewable
    14  fuels;  to  facilitate  the  practice  of  forestry;  to  facilitate the
    15  adequate provision of transportation, water,  sewerage,  schools,  parks
    16  and  other  public  requirements.  Such  regulations  shall be made with
    17  reasonable consideration, among other things, as to the character of the
    18  district and its peculiar suitability for particular uses,  and  with  a
    19  view  to  conserving  the  value  of  buildings and encouraging the most

    20  appropriate use of land throughout such municipality.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00875-01-1

        A. 314                              2
 
     1    § 2. Section 7-704 of the village law, as amended by  chapter  742  of
     2  the laws of 1979, is amended to read as follows:
     3    § 7-704 Purposes in view. Such regulations shall be made in accordance
     4  with  a  comprehensive  plan  and  designed  to lessen congestion in the
     5  streets; to secure safety from fire, panic, floods and other dangers; to
     6  promote health and the general welfare; to provide  adequate  light  and
     7  air;  to  prevent the overcrowding of land; to avoid undue concentration

     8  of population; to make provision for, so far as conditions  may  permit,
     9  the  accommodation  of [solar energy systems and equipment and access to
    10  sunlight necessary therefor] renewable energy resources, which  for  the
    11  purposes  of  this  section  shall include solar thermal, photovoltaics,
    12  wind, hydroelectric, geothermal electric, geothermal ground source heat,
    13  tidal energy, wave energy, ocean thermal, and fuel cells using renewable
    14  fuels; to facilitate the adequate provision  of  transportation,  water,
    15  sewerage, schools, parks and other public requirements. Such regulations
    16  shall  be  made with reasonable consideration, among other things, as to
    17  the character of the district and its peculiar suitability  for  partic-
    18  ular  uses,  and  with  a  view to conserving the value of buildings and

    19  encouraging the most appropriate use of  land  throughout  such  munici-
    20  pality.
    21    § 3. This act shall take effect immediately.
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