Assembly Bill A5248

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5248--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by M. of A. MENG, DelMONTE -- Multi-Sponsored by -- M. of A.
  PHEFFER, WEISENBERG -- read once and  referred  to  the  Committee  on
  Judiciary  --  reported  and  referred  to  the  Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the real property law, in relation to prohibiting the
  shading of solar devices on adjacent property by landscaping

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property law is amended by adding a new article 15
to read as follows:
                               ARTICLE 15
                         SOLAR SHADE CONTROL LAW
SECTION 470. SHORT TITLE.
        471. DEFINITIONS.
        472. INTERFERENCE WITH SOLAR DEVICE.
        473. VIOLATIONS AND PENALTIES.
        474. APPLICABILITY.
        475. EXEMPTION.
  S  470.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "SOLAR SHADE CONTROL LAW".
  S 471. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "SOLAR COLLECTOR" MEANS A FIXED DEVICE, STRUCTURE,  OR  PART  OF  A
DEVICE  OR  STRUCTURE, WHICH IS USED PRIMARILY TO TRANSFORM SOLAR ENERGY
INTO THERMAL, CHEMICAL, OR ELECTRICAL ENERGY, AND WHICH IS USED AS  PART
OF  A  SYSTEM  WHICH  MAKES  USE  OF  SOLAR ENERGY FOR ANY OR ALL OF THE
FOLLOWING PURPOSES:
  A. WATER HEATING,
  B. SPACE HEATING OR COOLING, OR
  C. POWER GENERATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05173-02-9

              

A. 5248--A                          2

  2. "CHAIR" MEANS THE CHAIR OF THE NEW YORK STATE ENERGY  RESEARCH  AND
DEVELOPMENT AUTHORITY.
  S  472.  INTERFERENCE  WITH SOLAR DEVICE. 1.  AFTER JANUARY FIRST, TWO
THOUSAND TEN, NO PERSON OWNING, OR IN CONTROL OF A PROPERTY SHALL  ALLOW
A  TREE  OR SHRUB TO BE PLACED, OR, IF PLACED, TO GROW ON SUCH PROPERTY,
SUBSEQUENT TO THE INSTALLATION OF A SOLAR COLLECTOR ON THE  PROPERTY  OF
ANOTHER SO AS TO CAST A SHADOW GREATER THAN TEN PERCENT OF THE COLLECTOR
ABSORPTION  AREA  UPON  THAT  SOLAR COLLECTOR SURFACE ON THE PROPERTY OF
ANOTHER AT ANY ONE TIME BETWEEN THE HOURS OF TEN O'CLOCK  A.M.  AND  TWO
O'CLOCK P.M., LOCAL STANDARD TIME; PROVIDED, THAT THIS SECTION SHALL NOT
APPLY TO SPECIFIC TREES AND SHRUBS WHICH ARE IN EXISTENCE AT THE TIME OF
INSTALLATION OF A SOLAR COLLECTOR OR DURING THE REMAINDER OF THAT ANNUAL
SOLAR CYCLE CAST A SHADOW UPON THAT SOLAR COLLECTOR.
  2.  IN  RECOGNITION  OF  ONGOING  RESEARCH INTO AND DEVELOPMENT OF NEW
TECHNOLOGIES IN ENERGY COLLECTION, THE CHAIR IN  CONSULTATION  WITH  THE
DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION, SHALL, WITHIN SIX MONTHS OF
THE EFFECTIVE DATE OF THIS ARTICLE,  PROMULGATE  RULES  AND  REGULATIONS
GOVERNING  THE PLACEMENT AND OPERATIONS OF SOLAR DEVICES AND REGULATIONS
REGARDING POTENTIAL CONFLICTS BETWEEN ADJACENT PASSIVE AND ACTIVE  SOLAR
TECHNOLOGIES.
  3.  THE  CHAIR,  IN  CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, SHALL PREPARE, OR CAUSE TO BE PREPARED AND DISTRIBUTED  TO
CITIES,  TOWNS  AND VILLAGES A MODEL COMPREHENSIVE SOLAR SHADE ORDINANCE
FOR THE PURPOSE OF SAVING ENERGY.
  4. THE CHAIR, IN CONSULTATION WITH  THE  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION,  SHALL PREPARE, OR CAUSE TO BE PREPARED AND DISTRIBUTED TO
CITIES, TOWNS AND VILLAGES A PAMPHLET CONTAINING  INFORMATION  REGARDING
THE SOLAR SHADE CONTROL LAW.
  S  473. VIOLATIONS AND PENALTIES.  1. NOT LESS THAN THIRTY DAYS BEFORE
COMMENCING AN ACTION ALLEGING VIOLATION OF SUBDIVISION  ONE  OF  SECTION
FOUR HUNDRED SEVENTY-TWO OF THIS ARTICLE, WRITTEN NOTICE OF INTENTION TO
COMMENCE SUCH ACTION MUST BE GIVEN BY PERSONAL SERVICE OR CERTIFIED MAIL
TO  THE  OWNER, LESSEE OR LAWFUL OCCUPANT OF THE PROPERTY WHERE THE TREE
OR SHRUB CAUSING SUCH VIOLATION IS LOCATED TO PROVIDE AN OPPORTUNITY  TO
CURE THE VIOLATION.
  2.  UPON  A  FINDING  OF  VIOLATION OF SUCH SUBDIVISION, THE COURT MAY
ORDER THE PERSON FOUND TO HAVE COMMITTED  SUCH  VIOLATION  TO  CURE  THE
VIOLATION  AND  IF  THE  VIOLATION  IS NOT CURED IN A TIMELY MANNER, THE
COURT MAY IMPOSE DAMAGES, NOT TO EXCEED ONE THOUSAND DOLLARS.
  S 474. APPLICABILITY. 1. NOTHING IN THIS ARTICLE SHALL APPLY TO  TREES
PLANTED,  GROWN,  OR  HARVESTED  ON  LANDS AND IN FORESTS AS PROVIDED IN
ARTICLE NINE OF THE ENVIRONMENTAL CONSERVATION LAW OR ON LAND DEVOTED TO
THE PRODUCTION OF COMMERCIAL AGRICULTURAL CROPS.
  2. NOTHING IN THIS ARTICLE SHALL APPLY TO THE REPLACEMENT OF A TREE OR
SHRUB WHICH HAD BEEN GROWING  PRIOR  TO  THE  INSTALLATION  OF  A  SOLAR
COLLECTOR  AND  WHICH,  SUBSEQUENT  TO  THE  INSTALLATION  OF SUCH SOLAR
COLLECTOR, DIES.
  S 475. EXEMPTION. ANY COUNTY, CITY, TOWN  OR  VILLAGE  MAY  ADOPT,  BY
MAJORITY VOTE OF ITS GOVERNING BODY, AN ORDINANCE EXEMPTING SUCH MUNICI-
PALITY FROM THE PROVISIONS OF THIS ARTICLE.
  S 2. This act shall take effect immediately.