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A00443 Summary:

BILL NOA00443
 
SAME ASSAME AS S00391
 
SPONSORPaulin
 
COSPNSRGalef, Magnarelli, Lupardo, Englebright, Otis, Gottfried, Thiele, Jacobson
 
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, photovoltaics, wind, hydroelectric, geothermal electric, geothermal ground source heat, tidal energy, wave energy, ocean thermal, farm waste electric generating equipment, and fuel cells.
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A00443 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A443
 
SPONSOR: Paulin
  TITLE OF BILL: 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   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 that notwithstanding the amendments to section 263 of the town law and section 7-704 of the village law made by sections one and two of this act, nothing in this act shall be construed to require any town or village to amend applicable local building code or zoning regulations. Section four provides the effective date.   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: A436A, 2019 and 2020 referred to local government. Same as S.5739A, 2019 and 2020, passed Senate. A.34-A, 2017 and 2018 advanced to third reading Same-as S.4266-8, 2017 and 2018 referred to local government. 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 5.1074, 2013 and 2014 referred to local government. A.314, 2011 and 2012 passed Assembly. Same as 5.664, 2011 and 2012 referred to local government. A.626, 2009 and 2010 passed Assembly. Same as 5.7155, 2010 referred to rules. A.9623-B, 2008 advanced to third reading. Same as 5.8499, 2008 referred to rules.   FISCAL IMPLICATION: None to the state.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law and shall only apply to comprehensive plans established or amended on or after the effective date of this act.
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A00443 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           443
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by M. of A. PAULIN, GALEF, MAGNARELLI, LUPARDO, ENGLEBRIGHT,
          OTIS, GOTTFRIED, THIELE, JACOBSON -- 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,  farm  waste  electric  generating
    13  equipment  as  defined  in  paragraph  (e) of subdivision one of section
    14  sixty-six-j of the public service law, and fuel cells; to facilitate the
    15  practice of forestry; to facilitate the adequate provision of  transpor-
    16  tation,  water,  sewerage, schools, parks and other public requirements.
    17  Such regulations shall be  made  with  reasonable  consideration,  among
    18  other things, as to the character of the district and its peculiar suit-
    19  ability  for particular uses, and with a view to conserving the value of
    20  buildings and encouraging the most appropriate use  of  land  throughout
    21  such municipality.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01128-01-1

        A. 443                              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  as  defined  in  paragraph  (e) of subdivision one of section
    14  sixty-six-j of the public service law and fuel cells; 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.
    21    § 3. Notwithstanding the amendments to section 263 of the town law and
    22  section  7-704  of  the village law made by sections one and two of this
    23  act, nothing in this act shall be  construed  to  require  any  town  or
    24  village to amend applicable local building code or zoning regulations.
    25    § 4. This act shall take effect on the one hundred eightieth day after
    26  it  shall  have become a law and shall only apply to comprehensive plans
    27  established or amended on or after the effective date of this act.
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