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S05781 Summary:

BILL NOS05781A
 
SAME ASNo Same As
 
SPONSORHARCKHAM
 
COSPNSRJACKSON, KRUEGER
 
MLTSPNSR
 
Amd §381, Exec L
 
Requires all authorities having jurisdiction over a population exceeding five thousand residents to adopt a residential automated solar permitting platform by June thirtieth, two thousand twenty-six.
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S05781 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5781--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 28, 2025
                                       ___________
 
        Introduced by Sens. HARCKHAM, JACKSON, KRUEGER -- read twice and ordered
          printed, and when printed to be committed to the Committee on Housing,
          Construction and Community Development -- reported favorably from said
          committee  and  committed  to  the  Committee  on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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:
 
     1    Section 1. Paragraphs i and j of subdivision 1 of section 381  of  the
     2  executive  law,  paragraph  i  as  amended  and  paragraph j as added by
     3  section 3 of part T of chapter 57 of the laws of 2023, are amended and a
     4  new paragraph k is added to read as follows:
     5    i. standards and procedures for measuring the rate of compliance  with
     6  the  state energy conservation construction code, and provisions requir-
     7  ing that such rate of compliance be measured on an annual basis; [and]
     8    j. procedures requiring the documentation  of  compliance  with  regu-
     9  lations  adopted  pursuant  to section thirteen hundred seventy-seven of
    10  the public health law as a condition to issuance  of  a  certificate  of
    11  occupancy  or certificate of compliance following a periodic fire safety
    12  and property maintenance inspection for multiple dwellings[.]; and
    13    k. (i) standards and procedures requiring:
    14    (A) any authority having jurisdiction over a population exceeding five
    15  thousand residents to adopt a  residential  automated  solar  permitting
    16  platform  by June thirtieth, two thousand twenty-six, if such a platform
    17  without any initial fee or subscription  fee  to  the  authority  having
    18  jurisdiction  is  available.  The  authority  having  jurisdiction shall
    19  anticipate that the residential automated solar permitting platform will
    20  have the capability to process at least seventy-five percent of residen-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06584-04-5

        S. 5781--A                          2
 
     1  tial solar applications for existing construction submitted to  authori-
     2  ties having jurisdiction in the state.
     3    (B)  (1)  authorities having jurisdiction to submit compliance reports
     4  to the department within sixty days of achieving compliance with  clause
     5  (A) of this subparagraph, which shall include, but not be limited to:
     6    (I) the date of compliance;
     7    (II) the software or a combination of software used for compliance;
     8    (III)  confirmation  that the authority having jurisdiction is using a
     9  residential automated  solar  permitting  platform  to  instantly  issue
    10  permits and permit revisions for residential solar photovoltaic systems;
    11  and
    12    (IV)  an  explanation for why the authority having jurisdiction antic-
    13  ipates the residential automated solar permitting platform has the capa-
    14  bility to process at least seventy-five percent of the residential solar
    15  photovoltaic permit applications on existing construction  submitted  to
    16  authorities  having  jurisdiction  in the state. This explanation may be
    17  based on, but is not necessarily limited to, statements from  the  soft-
    18  ware provider of the residential automated solar permitting platform.
    19    (2)  The  department may establish guidelines for the reports pursuant
    20  to item one of this clause.
    21    (3) The department may determine the accuracy of the authority  having
    22  jurisdiction's  report  of  compliance  pursuant  to  clause one of this
    23  subparagraph. The department may also make such findings publicly avail-
    24  able and may take necessary actions to enforce  compliance  with  clause
    25  (A) of this subparagraph based on such findings.
    26    (C)  (1)  authorities  having jurisdiction to submit annual reports to
    27  the department on the usage of the residential automated  solar  permit-
    28  ting  platform. Between April first, two thousand twenty-seven and April
    29  first, two thousand thirty-six, each authority having jurisdiction shall
    30  submit such reports annually by April first covering the previous calen-
    31  dar year.  The department may establish guidelines  for  these  reports.
    32  Such reports shall include the following:
    33    (I)  the  number  of  permits issued through the residential automated
    34  solar permitting platform and relevant characteristics of those systems;
    35    (II) the number of residential photovoltaic solar  permits  issued  by
    36  means other than the residential automated solar permitting platform and
    37  relevant characteristics of those systems;
    38    (III) the software or combination of software used for compliance;
    39    (IV)  confirmation  that  the authority having jurisdiction is using a
    40  residential  automated  solar  permitting  platform  to  issue   permits
    41  instantly  and  issue  permit  revisions instantly for residential solar
    42  photovoltaic systems; and
    43    (V) a plan to  increase  usage  of  the  residential  automated  solar
    44  permitting  platform  if  fewer than seventy-five percent of residential
    45  solar photovoltaic permits are issued through the  automated  permitting
    46  platform on existing construction.
    47    (2)  The department may determine the accuracy of the authority having
    48  jurisdiction's annual report pursuant to item one of this clause.    The
    49  department  may  also make such findings publicly available and may take
    50  necessary actions to enforce compliance with clause (A) of this subpara-
    51  graph based on such findings.
    52    (D) authorities having jurisdiction over a population  exceeding  five
    53  thousand  residents  to  provide  an  option  for remote inspections via
    54  recorded video  or  photo  that  can  be  submitted  electronically  for
    55  projects  permitted  by the residential automated solar permitting plat-

        S. 5781--A                          3
 
     1  form. Such inspections shall be offered at no greater cost and  with  no
     2  greater delay than in-person inspections.
     3    (ii)   An authority having jurisdiction that does not require a permit
     4  for residential photovoltaic solar systems is exempt from  the  require-
     5  ments of this paragraph.
     6    (iii)  As  used  in this paragraph, the following terms shall have the
     7  following meanings:
     8    (A) "Department" means the New York state energy research and develop-
     9  ment authority.
    10    (B) "Residential automated solar permitting platform"  means  software
    11  or  a combination of software designed to automate plan review, generate
    12  code-compliant approvals, accept online payments for permitting fees, if
    13  applicable, and instantly issue permits and permit revisions  for  resi-
    14  dential  photovoltaic systems upon online submission of a code-compliant
    15  application and payment of any required fees.  Such  platform  shall  be
    16  available for residential photovoltaic systems up to the maximum capaci-
    17  ty  allowed with a two hundred amp main service disconnect, installed in
    18  accordance with the residential code of New York state, as updated, that
    19  may also include an energy storage system up  to  the  maximum  capacity
    20  allowed  under  the  residential  code  of  New York state, a main panel
    21  upgrade, and/or a main breaker derate.
    22    (C) "Authority having jurisdiction" shall refer  to  any  city,  town,
    23  village,  county,  or  other governmental unit or agency responsible for
    24  the administration and enforcement of the uniform  fire  prevention  and
    25  building  code  and  the state energy conservation construction code, as
    26  defined in 19 NYCRR, section 1203.1, as updated.
    27    § 2.  This act shall take effect immediately, provided, however,  that
    28  the  amendments to paragraphs i and j of subdivision 1 of section 381 of
    29  the executive law made by section one of this act shall take  effect  on
    30  the  same  date and in the same manner as section 3 of part T of chapter
    31  57 of the laws of 2023, takes effect.
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