Prohibits local governments from prohibiting the construction, installation, or operation of solar energy generating systems with a nameplate capacity of two megawatts or less, in any non-residential zoning district or mixed commercial and residential zoning district of any such city, town or village, unless the zoning district is a certified agricultural district.
STATE OF NEW YORK
________________________________________________________________________
9810
IN ASSEMBLY
April 9, 2024
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Energy
AN ACT to amend the energy law, in relation to community energy project
siting
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The energy law is amended by adding a new article 13 to
2 read as follows:
3 ARTICLE 13
4 COMMUNITY ENERGY PROJECT SITING
5 Section 13-101. Legislative intent.
6 13-102. Application.
7 13-103. Definitions.
8 13-104. Community energy project siting.
9 § 13-101. Legislative intent. The legislature hereby declares that it
10 is the policy of this state to foster and encourage the development of
11 solar energy generating systems, to take advantage of a safe, abundant,
12 renewable and non-polluting energy resource; to decrease the cost of
13 electricity to the owners of residential and commercial properties,
14 including single-family houses; to increase employment and business
15 development in the state, to the extent reasonably practical, by
16 furthering the installation of solar energy systems; and to provide for
17 the development of solar energy systems in non-residential zoning
18 districts and mixed commercial and residential zoning districts.
19 § 13-102. Application. For the purposes stated herein, this article
20 shall supersede all state and local laws relating to the solar energy
21 generating systems described in this article; provided, however, that
22 nothing in this article shall be construed to prevent any local govern-
23 ment from enacting or enforcing zoning ordinances or laws which deter-
24 mine permissible uses or lot, bulk, or dimensional requirements in non-
25 residential zoning districts or mixed commercial and residential zoning
26 districts, or from enacting or enforcing local laws or ordinances of
27 general applicability including laws or ordinances requiring site plan
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14983-02-4
A. 9810 2
1 approval or special permit approval of a solar energy system permitted
2 by this article, except that such local laws or ordinances shall not
3 conflict with this article.
4 § 13-103. Definitions. As used in this article, the following terms
5 shall have the following meanings:
6 1. "Solar energy system" or "solar energy generating system" means the
7 components and subsystems required to convert solar energy into electric
8 energy suitable for use when used in a vehicle carport-mounted solar
9 energy system, building-integrated solar energy system or roof-mounted
10 solar energy system. Such terms include, but are not limited to, solar
11 panels and solar energy equipment.
12 2. "Vehicle carport-mounted solar energy system" means a solar energy
13 system not to exceed two megawatts of generating capacity which is
14 located above real property currently used for vehicle parking.
15 3. "Solar energy equipment" means electrical material, hardware,
16 inverters, conduit, energy storage devices, or other electrical and
17 photovoltaic equipment associated with the production and storage of
18 electricity.
19 4. "Solar panel" means a photovoltaic device capable of collecting and
20 converting solar energy into electricity.
21 5. "Nameplate capacity" means a solar energy system's maximum electric
22 power output under optimal operating conditions.
23 § 13-104. Community energy project siting. No local government shall
24 under any zoning ordinance, zoning law, or law or ordinance of general
25 applicability which determines permissible uses in city, town, or
26 village zoning districts, prohibit the construction, installation, or
27 operation of solar energy generating systems with a nameplate capacity
28 of two megawatts or less, in any non-residential zoning district or
29 mixed commercial and residential zoning district of any such city, town
30 or village, unless the zoning district is a certified agricultural
31 district.
32 § 2. This act shall take effect on the first of January next succeed-
33 ing the date on which it shall have become a law.