Senate Bill S1072

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

                                  1072

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

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 16
to read as follows:
                               ARTICLE 16
                         SOLAR SHADE CONTROL LAW
SECTION 500. SHORT TITLE.
        501. DEFINITIONS.
        502. INTERFERENCE WITH SOLAR DEVICE.
        503. VIOLATIONS AND PENALTIES.
        504. APPLICABILITY.
        505. EXEMPTION.
  S 500. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "SOLAR SHADE CONTROL LAW".
  S 501. 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.
  2.  "CHAIR"  MEANS THE CHAIR OF THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY.
  S 502. INTERFERENCE WITH SOLAR DEVICE. 1.   AFTER JANUARY  FIRST,  TWO
THOUSAND  SIXTEEN,  NO  PERSON OWNING, OR IN CONTROL OF A PROPERTY SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00632-01-5
              

S. 1072                             2

ALLOW A TREE OR SHRUB TO BE PLACED, OR, IF PLACED, TO GROW ON SUCH PROP-
ERTY, SUBSEQUENT TO THE INSTALLATION OF A SOLAR COLLECTOR ON THE PROPER-
TY OF ANOTHER SO AS TO CAST A SHADOW GREATER THAN  TEN  PERCENT  OF  THE
COLLECTOR ABSORPTION AREA UPON THAT SOLAR COLLECTOR SURFACE ON THE PROP-
ERTY  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 503. VIOLATIONS AND PENALTIES.  1. NOT LESS THAN THIRTY DAYS  BEFORE
COMMENCING  AN  ACTION  ALLEGING VIOLATION OF SUBDIVISION ONE OF SECTION
FIVE HUNDRED 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 504. 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 505. 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.