NY State Senate Bill S2997

Current Bill Status - Passed Senate & Assembly

Introduced
In Committee
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- Passed Assembly
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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2021	returned to senate passed assembly
Mar 08, 2021	ordered to third reading cal.123 substituted for a1933
Feb 10, 2021	referred to housing delivered to assembly passed senate
Feb 03, 2021	advanced to third reading
Feb 02, 2021	2nd report cal.
Feb 01, 2021	1st report cal.200
Jan 27, 2021	referred to housing, construction and community development

Votes

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Feb 10, 2021 - floor Vote

S2997

floor

Aye

Nay

Absent

Excused

Abstained

Feb 1, 2021 - Housing, Construction and Community Development committee Vote

S2997

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Feb 1, 2021

aye (10)

aye wr (1)

Martucci

Co-Sponsors

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S2997 (ACTIVE) - Details

See Assembly Version of this Bill:: A1933
Law Section:: Real Property Law
Laws Affected:: Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7679, A6878
2017-2018: S7735, A3691
2019-2020: S4742, A5896

S2997 (ACTIVE) - Summary

Relates to the installation or use of solar power systems within a homeowners' association.

S2997 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2997

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the real property law, in relation to the installation
or use of solar power systems within a homeowners' association

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to allow the installation or use of
solar power systems (SBS) within homeowner associations.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The Real Property Law is amended by adding a new ARTICLE 9-C
SOLAR RIGHTS ACT § 342. Certain covenants, conditions, and restrictions
of homeowners' association prohibited. 1. Defines "restriction on use"
and "solar power system". 2. A homeowners' association my not adopt or
enforce any rules or regulations that would effectively prohibit, or
impose unreasonable limitations on, the installation or use of a solar

power system. A restriction on use which effectively prohibits the
installation or use of a solar power system is unenforceable and shall
be void as contrary to public policy. For the purpose of this subdivi-
sion, an unreasonable limitation includes, but is not limited to, any
restriction on use that: (a) inhibits the SPS from functioning at its
intended maximum efficiency; or (b) increases the SPS's installation or
maintenance costs by more than 10% of the total cost of the initial
installation of the system. 3. Notwithstanding subdivision two of this
section, a homeowners' association my adopt or enforce a restriction on
use to prohibit the installation of a SPS that is located on property
owned by the homeowners' association or that is located on property
owned in common by the members of the homeowners association. 4. Any
denial of a homeowner's installation of a SPS by an association must
include details for the rejection. 5. A SPS must meet local, state or
federal law, rule or regulation on health and safety standards and those
requirements imposed by state and local permitting authorities. 6. A
person may bring a civil action in a court of competent jurisdiction for
any violation of this section. In any action brought pursuant to this
section, the court may award the appropriate remedies and costs of liti-
gation to the prevailing party.

Section 2. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

6 was removed from Section 1 which state, a person may bring a civil
action in a court of competent jurisdiction for any violation of this
section. In any action brought pursuant to this section, the court may
award the appropriate remedies and costs of litigation to the prevailing
party.

 
JUSTIFICATION:

The New York State Governor and Legislature have embarked upon a multi-
year, multi-pronged initiative to promote solar investment and use. To
meet the goals, however, solar power opportunities must be expanded to
those, who for a variety of reasons, have been prevented from installing
solar systems, particularly solar arrays, on their homes. Most homeowner
associations, for example, have not adapted their by-lays to provide
homeowners with the option. States such as Arizona, California, Florida
and Massachusetts have remedied the problem by enacting laws to prohibit
homeowner associations from banning or curtailing the installation of
solar arrays on one's roof.  Compounding the problem is the lack of
consistency regarding homeowner association by-laws. There is no common
standard governing the installation and most if not all homeowner asso-
ciations reject such installation without citing reasons. Frequently,
litigation results with dissimilar outcomes. This legislation would
permit homeowners the right to install solar arrays in consultation with
their homeowners' association. It would thus expand the use of solar
power systems for homeowners, while granting a role in the decision-mak-
ing process to the homeowner associations.

 
PRIOR LEGISLATIVE HISTORY:

A. 5896-A and S. 4742-A of 2019/2020
A. 3691 and S. 7735 of 2017/2018
A. 6878-C and S. 7679-B of 2015/2016

 
FISCAL IMPLICATIONS:

There are no fiscal implications associated with this legislation.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

S2997 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2997
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced by Sens. PARKER, BROOKS, KENNEDY, SEPULVEDA -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Housing, Construction and Community Development
 
 AN ACT to amend the real property law, in relation to  the  installation
   or use of solar power systems within a homeowners' association

   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
 9-C to read as follows:
                                ARTICLE 9-C
                             SOLAR RIGHTS ACT
 SECTION 342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWN-
                ERS' ASSOCIATIONS PROHIBITED.
   §  342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWNERS'
 ASSOCIATIONS PROHIBITED.  1.  DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS
 SECTION:
   (A) "RESTRICTION ON USE" MEANS ANY COVENANT, RESTRICTION, OR CONDITION
 CONTAINED IN:
   (I) A DEED;
   (II) A CONTRACT;
   (III) THE BY-LAWS OF A HOMEOWNERS' ASSOCIATION;
   (IV) ANY RULES OR REGULATIONS ADOPTED BY A HOMEOWNERS' ASSOCIATION;
   (V) A SECURITY AGREEMENT; OR
   (VI)  ANY  OTHER  INSTRUMENT AFFECTING THE TRANSFER OR SALE OF, OR ANY
 INTEREST IN, REAL PROPERTY.
   (B) "SOLAR POWER SYSTEM" MEANS A PHOTOVOLTAIC  SYSTEM,  COMPRISING  OF
 SOLAR  ELECTRIC  GENERATING  EQUIPMENT,  INSTALLED  ON A ROOFTOP, WITH A
 RATED CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS.
   2. A HOMEOWNERS' ASSOCIATION MAY NOT ADOPT OR  ENFORCE  ANY  RULES  OR
 REGULATIONS  THAT  WOULD  EFFECTIVELY  PROHIBIT,  OR IMPOSE UNREASONABLE
 LIMITATIONS ON, THE INSTALLATION OR USE  OF  A  SOLAR  POWER  SYSTEM.  A

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

                                                            LBD05416-02-1

 S. 2997                             2
 
 RESTRICTION  ON  USE WHICH EFFECTIVELY PROHIBITS THE INSTALLATION OR USE
 OF A SOLAR POWER SYSTEM IS UNENFORCEABLE AND SHALL BE VOID  AS  CONTRARY
 TO  PUBLIC POLICY. FOR THE PURPOSES OF THIS SUBDIVISION, AN UNREASONABLE
 LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY RESTRICTION ON USE THAT:
   (A)  INHIBITS  THE SOLAR POWER SYSTEM FROM FUNCTIONING AT ITS INTENDED
 MAXIMUM EFFICIENCY; OR
   (B) INCREASES THE SOLAR POWER  SYSTEM'S  INSTALLATION  OR  MAINTENANCE
 COSTS  BY AN AMOUNT WHICH IS ESTIMATED TO BE GREATER THAN TEN PERCENT OF
 THE TOTAL COST OF THE INITIAL INSTALLATION OF THE  SOLAR  POWER  SYSTEM,
 INCLUDING THE COSTS OF LABOR AND EQUIPMENT.
   3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF  THIS SECTION, A HOMEOWNERS'
 ASSOCIATION MAY ADOPT OR ENFORCE A RESTRICTION ON USE  TO  PROHIBIT  THE
 INSTALLATION  OF  A SOLAR POWER SYSTEM THAT IS LOCATED ON PROPERTY OWNED
 BY THE HOMEOWNERS' ASSOCIATION OR THAT IS LOCATED ON PROPERTY  OWNED  IN
 COMMON BY THE MEMBERS OF THE HOMEOWNERS' ASSOCIATION.
   4. ANY DENIAL OF A HOMEOWNER'S INSTALLATION OF A SOLAR POWER SYSTEM BY
 A  HOMEOWNERS'  ASSOCIATION  MUST  INCLUDE A DETAILED DESCRIPTION OF THE
 EXACT BASIS FOR REJECTION IN WRITING WITH SPECIFIC EXAMPLES OF THE HOME-
 OWNERS' ASSOCIATION'S CONCERNS, IF APPLICABLE.
   5. A SOLAR POWER SYSTEM MUST MEET THE REQUIREMENTS ESTABLISHED BY  ANY
 LOCAL,  STATE  OR  FEDERAL  LAW, RULE OR REGULATION ON HEALTH AND SAFETY
 STANDARDS AND THOSE REQUIREMENTS IMPOSED BY STATE AND  LOCAL  PERMITTING
 AUTHORITIES.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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The New York State Senate

senate Bill S2997

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Current Bill Status - Passed Senate & Assembly

Your Voice

Actions

Votes

Feb 10, 2021 - floor Vote

Floor Vote: Feb 10, 2021

Feb 1, 2021 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Feb 1, 2021

Co-Sponsors

S2997 (ACTIVE) - Details

S2997 (ACTIVE) - Summary

S2997 (ACTIVE) - Sponsor Memo

S2997 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2997

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Sponsored By

Current Bill Status - Passed Senate & Assembly

Your Voice

Actions

Votes

Feb 10, 2021 - floor Vote

Floor Vote: Feb 10, 2021

Feb 1, 2021 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Feb 1, 2021

Co-Sponsors

S2997 (ACTIVE) - Details

S2997 (ACTIVE) - Summary

S2997 (ACTIVE) - Sponsor Memo

S2997 (ACTIVE) - Bill Text download pdf

Comments