senate Bill S1074

2013-2014 Legislative Session

Relates to requiring local building and planning regulations to accommodate the use of renewable and alternative energy sources

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to local government
Jan 09, 2013 referred to local government

Co-Sponsors

S1074 - Bill Details

See Assembly Version of this Bill:
A498
Current Committee:
Law Section:
Town Law
Laws Affected:
Amd §263, Town L; amd §7-704, Vil L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S664, A314
2009-2010: A626, S1991A

S1074 - Bill Texts

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Relates to requiring local building and planning regulations to accommodate the use of renewable energy resources such as solar thermal, photovoltaic, wind, hydroelectric, geothermal electric, geothermal ground source heat, tidal energy, wave energy, ocean thermal, and fuel cells using renewable fuels.

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BILL NUMBER:S1074

TITLE OF BILL:
An act
to amend the town law and the village law, in relation to requiring
local building and planning regulations to accommodate the use of
renewable and alternative energy sources

PURPOSE OR GENERAL IDEA OF BILL:
To promote the Use of renewable energy sources by encouraging towns
and villages to consider renewable energy sources when designing
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 renewable 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 renewable
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 alternative Sources of energy, the proposed
legislation adds the accommodation of "renewable energy resources to
the list that a town or village shall consider when creating 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 "green" energy sources which are cleaner,
renewable and better in the long term.

PRIOR LEGISLATIVE HISTORY:
S664/A314 of 2011-2012; Referred to Local Government

FISCAL IMPLICATION:
None to the state.

EFFECTIVE DATE:
Immediately.

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

                                  1074

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

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
  renewable and alternative energy sources

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

  Section 1. Section 263 of the town law, as amended by chapter  602  of
the laws of 2003, is amended to read as follows:
  S  263. Purposes in view. Such regulations shall be made in accordance
with a comprehensive plan and  designed  to  lessen  congestion  in  the
streets;  to secure safety from fire, flood, panic and other dangers; to
promote health and general welfare; to provide adequate light  and  air;
to  prevent  the  overcrowding  of land; to avoid undue concentration of
population; to make provision for, so far as conditions may permit,  the
accommodation  of  [solar  energy  systems  and  equipment and access to
sunlight necessary therefor] RENEWABLE ENERGY RESOURCES, WHICH  FOR  THE
PURPOSES  OF  THIS  SECTION  SHALL INCLUDE SOLAR THERMAL, PHOTOVOLTAICS,
WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL GROUND SOURCE HEAT,
TIDAL ENERGY, WAVE ENERGY, OCEAN THERMAL, AND FUEL CELLS USING RENEWABLE
FUELS; to  facilitate  the  practice  of  forestry;  to  facilitate  the
adequate  provision  of  transportation, water, sewerage, schools, parks
and other public requirements.  Such  regulations  shall  be  made  with
reasonable consideration, among other things, as to the character of the
district  and  its  peculiar suitability for particular uses, and with a
view to conserving the value  of  buildings  and  encouraging  the  most
appropriate use of land throughout such municipality.
  S  2.  Section  7-704 of the village law, as amended by chapter 742 of
the laws of 1979, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02086-01-3

S. 1074                             2

  S 7-704 Purposes in view. Such regulations shall be made in accordance
with a comprehensive plan and  designed  to  lessen  congestion  in  the
streets; to secure safety from fire, panic, floods and other dangers; to
promote  health  and  the general welfare; to provide adequate light and
air;  to  prevent the overcrowding of land; to avoid undue concentration
of population; to make provision for, so far as conditions  may  permit,
the  accommodation  of [solar energy systems and equipment and access to
sunlight necessary therefor] RENEWABLE ENERGY RESOURCES, WHICH  FOR  THE
PURPOSES  OF  THIS  SECTION  SHALL INCLUDE SOLAR THERMAL, PHOTOVOLTAICS,
WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL GROUND SOURCE HEAT,
TIDAL ENERGY, WAVE ENERGY, OCEAN THERMAL, AND FUEL CELLS USING RENEWABLE
FUELS; to facilitate the adequate provision  of  transportation,  water,
sewerage, schools, parks and other public requirements. Such regulations
shall  be  made with reasonable consideration, among other things, as to
the character of the district and its peculiar suitability  for  partic-
ular  uses,  and  with  a  view to conserving the value of buildings and
encouraging the most appropriate use of  land  throughout  such  munici-
pality.
  S 3. This act shall take effect immediately.

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