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A00034 Summary:

BILL NOA00034
 
SAME ASSAME AS S04266
 
SPONSORPaulin
 
COSPNSRGalef, Schimminger, Magnarelli, Jaffee, Lupardo, Englebright, Miller MG, Otis, Gottfried, Thiele
 
MLTSPNSRCahill, Colton, Perry
 
Amd 263, Town L; amd 7-704, Vil L
 
Relates to requiring local building and planning regulations to accommodate the use of solar thermal, photovoltaic, wind, hydroelectric, geothermal electric, geothermal ground source heat, tidal energy, wave energy, ocean thermal, and fuel cells.
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A00034 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           34
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  M. of A. PAULIN, GALEF, SCHIMMINGER, MAGNARELLI, JAFFEE,
          LUPARDO, ENGLEBRIGHT, M. G. MILLER, OTIS, GOTTFRIED, THIELE --  Multi-
          Sponsored  by  --  M.  of  A.  CAHILL,  COLTON, PERRY -- read once and
          referred to the Committee on Local Governments

        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
          certain 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] solar thermal, photovoltaics, wind,  hydro-
    11  electric,  geothermal  electric,  geothermal  ground  source heat, tidal
    12  energy, wave energy, ocean thermal, and fuel cells;  to  facilitate  the
    13  practice  of forestry; to facilitate the adequate provision of transpor-
    14  tation, water, sewerage, schools, parks and other  public  requirements.
    15  Such  regulations  shall  be  made  with reasonable consideration, among
    16  other things, as to the character of the district and its peculiar suit-
    17  ability for particular uses, and with a view to conserving the value  of
    18  buildings  and  encouraging  the most appropriate use of land throughout
    19  such municipality.
    20    § 2. Section 7-704 of the village law, as amended by  chapter  742  of
    21  the laws of 1979, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01060-01-7

        A. 34                               2
 
     1    § 7-704 Purposes in view. Such regulations shall be made in accordance
     2  with  a  comprehensive  plan  and  designed  to lessen congestion in the
     3  streets; to secure safety from fire, panic, floods and other dangers; to
     4  promote health and the general welfare; to provide  adequate  light  and
     5  air;  to  prevent the overcrowding of land; to avoid undue concentration
     6  of population; to make provision for, so far as conditions  may  permit,
     7  the  accommodation  of [solar energy systems and equipment and access to
     8  sunlight necessary therefor] solar thermal, photovoltaics, wind,  hydro-
     9  electric,  geothermal  electric,  geothermal  ground  source heat, tidal
    10  energy, wave energy, ocean thermal, and fuel cells;  to  facilitate  the
    11  adequate  provision  of  transportation, water, sewerage, schools, parks
    12  and other public requirements.  Such  regulations  shall  be  made  with
    13  reasonable consideration, among other things, as to the character of the
    14  district  and  its  peculiar suitability for particular uses, and with a
    15  view to conserving the value  of  buildings  and  encouraging  the  most
    16  appropriate use of land throughout such municipality.
    17    § 3. This act shall take effect immediately.
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