NY State Senate Bill 2021-S2995

Senate Bill S2995

2021-2022 Legislative Session

Provides an exemption from requirements for the alienation of parkland for certain renewable energy generating projects

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2022	referred to environmental conservation delivered to assembly passed senate
Jan 12, 2022	advanced to third reading
Jan 11, 2022	2nd report cal.
Jan 10, 2022	1st report cal.76
Jan 05, 2022	referred to environmental conservation returned to senate died in assembly
May 25, 2021	referred to environmental conservation delivered to assembly passed senate
May 12, 2021	advanced to third reading
May 11, 2021	2nd report cal.
May 10, 2021	1st report cal.976
Jan 26, 2021	referred to environmental conservation

Votes

- Apr 25, 2022 - Floor Vote
  S2995
  
  60
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 25, 2022
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (2)
      
      Ortt
      
      Ritchie
      
      excused (1)
      
      Brouk
  Jan 10, 2022 - Environmental Conservation Committee Vote
  S2995
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Jan 10, 2022
      
      aye (10)
      
      Harckham
      
      Hinchey
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Mannion
      
      May
      
      Palumbo
      
      Serrano
      
      Stec
      
      aye wr (1)
      
      Ritchie

co-Sponsors

View additional co-sponsors

2021-S2995 (ACTIVE) - Details

See Assembly Version of this Bill:: A6838
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §52-0908, En Con L
Versions Introduced in 2021-2022 Legislative Session:: S2995, A6838

2021-S2995 (ACTIVE) - Summary

Provides an exemption from requirements for the alienation of parkland for renewable energy generating projects with a generating capacity not exceeding two megawatts and which are located above real property currently used for vehicle parking.

2021-S2995 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2995

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
providing an exemption from requirements for the alienation of parkland
for renewable energy generating projects

 
PURPOSE:

To amend the environmental conservation law, in relation to providing an
exemption from requirements for the alienation of parkland for renewable
energy generating projects.

 
SUMMARY OF PROVISIONS:

Section 1. The environmental conservation law is amended by adding new
section 52-0908. This will allow alienation of certain parklands to
bypass the procedure of getting an act from the legislature. This shall
only apply in relation to airspace directly above such real property and

for the construction, installation, and/or operation of a solar energy
project not to exceed two megawatts of generating capacity and which is
located above real property currently used for vehicle parking.

Section 2. States the effective date.

 
JUSTIFICATION:

Under current law, municipalities must request an act from the legisla-
ture to alienate parklands which includes, airspace directly above real
property being used for vehicle parking. As New York State looks for
ways to implement the Climate Act, interest in solar projects in the
airspace above vehicle parking has increased. Solar panels are known as
a source of cleaner, renewable energy, which provides cost savings and
generates revenue.

This bill will allow solar energy projects under 2 megawatts, located
directly above real property which are currently being used for vehicle
parking to bypass the procedure of requesting an act from the Legisla-
ture. Resulting in certain solar projects being replicated more effi-
ciently, saving time, and reducing carbon footprint.

 
LEGISLATIVE HISTORY:

2020: S8635 Passed Senate

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to alienations of
parkland for renewable energy generating projects occurring on or after
such date.

2021-S2995 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2995
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   providing  an  exemption from requirements for the alienation of park-
   land for renewable energy generating projects

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 52-0908 to read as follows:
 § 52-0908. RESTRICTION ON ALIENATION EXEMPTION; RENEWABLE ENERGY  GENER-
              ATING PROJECTS.
   NOTWITHSTANDING SECTION 52-0907 OF THIS TITLE, REAL PROPERTY ACQUIRED,
 DEVELOPED,  IMPROVED, RESTORED OR REHABILITATED BY A MUNICIPALITY PURSU-
 ANT TO SUBDIVISION FOUR OF SECTION 52-0901 OF THIS TITLE WITH FUNDS MADE
 AVAILABLE PURSUANT TO THIS TITLE MAY BE SOLD OR DISPOSED OF OR USED  FOR
 OTHER  THAN PUBLIC PARK PURPOSES WITHOUT THE EXPRESS AUTHORITY OF AN ACT
 OF THE LEGISLATURE, PROVIDED THAT SUCH  REAL  PROPERTY  IS  NOT  LOCATED
 WITHIN  THE  ADIRONDACK PARK OR CATSKILL PARK, AS SUCH TERMS ARE DEFINED
 IN SECTION 9-0101 OF THIS CHAPTER, AND WHEN SUCH SALE OR DISPOSAL:
   1. APPLIES ONLY TO THE SALE OR DISPOSAL OR RIGHTS TO AIRSPACE DIRECTLY
 ABOVE SUCH REAL PROPERTY; AND
   2. IS FOR THE CONSTRUCTION, INSTALLATION AND/OR OPERATION OF  A  SOLAR
 ENERGY  PROJECT  NOT  TO EXCEED TWO MEGAWATTS OF GENERATING CAPACITY AND
 WHICH IS LOCATED ABOVE REAL PROPERTY CURRENTLY USED FOR VEHICLE PARKING.
   § 2. This act shall take effect immediately and shall apply to  alien-
 ations of parkland for renewable energy generating projects occurring on
 or after such date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04028-01-1

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