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AB34 Summary:

AB34 Actions:

AB34 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A34A
 
SPONSOR: Paulin (MS)

 
TITLE OF BILL:  An act to amend the town law and the village law, in
relation to requiring local building and planning regulations to accom-
modate the use of certain renewable and alternative energy sources
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To promote the use of alternative energy sources by encouraging towns
and villages to consider certain alternative energy sources when design-
ing zoning and planning regulations.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section one amends section 263 of the town law by providing that when a
town creates zoning and planning regulations, an additional factor to be
considered shall be the accommodation of certain alternative energy
resources.
 
Section two amends section 7-704 of the village law by providing that
when a village creates zoning and planning regulations, an additional
factor to be considered shall be the accommodation of certain alterna-
tive energy resources.
 
Section three provides the effective date as immediately.
 
 
JUSTIFICATION:
 
When a town or village creates zoning and planning regulations, they are
created in accordance with a comprehensive plan and with consideration
to several factors. Currently, among such factors are "safety from fire,
flood, panic and other dangers. In order to encourage the use of alter-
native sources of energy, the proposed legislation adds the accommo-
dation of "solar thermal, photovoltaics, wind, hydroelectric, geothermal
electric, geothermal ground source heat, tidal energy, wave energy,
ocean thermal, farm waste electric generating equipment, and fuel cells"
to the list of factors that a town or village shall consider when creat-
ing its zoning and planning regulations.
 
It is important to consider alternative sources of energy when making
zoning and planning decisions and requiring towns and villages to do so
will, hopefully, promote the use of cleaner energy sources which are
better in the long-term.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A.65-A, 2015 and 2016 advanced to third reading.
Same-as S.3614-B, 2015 and 2016, referred to local government.
A.498, 2013 and 2014 advanced to third reading.
Same as S.1074, 2013 and 2014 referred to local government.
A.314, 2011 and 2012 passed Assembly.
Same as S.664, 2011 and 2012 referred to local government.
A.626, 2009 and 2010 passed Assembly.
Same as S.7155, 2010 referred to rules.
A.9623-B, 2008 advanced to third reading.
Same as S.8499, 2008 referred to rules.
 
 
FISCAL IMPLICATION:
None to the state.
 
 
EFFECTIVE DATE:
Immediately.

AB34 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          34--A
                                                                  Cal. No. 4
 
                               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 -- ordered to  a  third
          reading,  amended  and  ordered  reprinted, retaining its place on the
          order of third reading
 
        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,  farm  waste  electric  generating
    13  equipment,  and  fuel  cells; to facilitate the practice of forestry; to
    14  facilitate the adequate provision of  transportation,  water,  sewerage,
    15  schools,  parks and other public requirements. Such regulations shall be
    16  made with reasonable consideration, among other things, as to the  char-
    17  acter  of the district and its peculiar suitability for particular uses,
    18  and with a view to conserving the value of buildings and encouraging the
    19  most appropriate use of land throughout such municipality.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01060-02-8
        A. 34--A                            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] solar thermal, photovoltaics, wind,  hydro-
    11  electric,  geothermal  electric,  geothermal  ground  source heat, tidal
    12  energy, wave energy,  ocean  thermal,  farm  waste  electric  generating
    13  equipment,  and  fuel  cells;  to  facilitate  the adequate provision of
    14  transportation,  water,  sewerage,  schools,  parks  and  other   public
    15  requirements.  Such  regulations shall be made with reasonable consider-
    16  ation, among other things, as to the character of the district  and  its
    17  peculiar  suitability for particular uses, and with a view to conserving
    18  the value of buildings and encouraging the most appropriate use of  land
    19  throughout such municipality.
    20    § 3. This act shall take effect immediately.