S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9810
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the energy law, in relation to community energy  project
   siting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The energy law is amended by adding a  new  article  13  to
 read as follows:
                                 ARTICLE 13
                      COMMUNITY ENERGY PROJECT SITING
 
 SECTION 13-101. LEGISLATIVE INTENT.
         13-102. APPLICATION.
         13-103. DEFINITIONS.
         13-104. COMMUNITY ENERGY PROJECT SITING.
   § 13-101. LEGISLATIVE  INTENT. THE LEGISLATURE HEREBY DECLARES THAT IT
 IS THE POLICY OF THIS STATE TO FOSTER AND ENCOURAGE THE  DEVELOPMENT  OF
 SOLAR  ENERGY GENERATING SYSTEMS, TO TAKE ADVANTAGE OF A SAFE, ABUNDANT,
 RENEWABLE AND NON-POLLUTING ENERGY RESOURCE; TO  DECREASE  THE  COST  OF
 ELECTRICITY  TO  THE  OWNERS  OF  RESIDENTIAL AND COMMERCIAL PROPERTIES,
 INCLUDING SINGLE-FAMILY HOUSES;  TO  INCREASE  EMPLOYMENT  AND  BUSINESS
 DEVELOPMENT  IN  THE  STATE,  TO  THE  EXTENT  REASONABLY  PRACTICAL, BY
 FURTHERING THE INSTALLATION OF SOLAR ENERGY SYSTEMS; AND TO PROVIDE  FOR
 THE  DEVELOPMENT  OF  SOLAR  ENERGY  SYSTEMS  IN  NON-RESIDENTIAL ZONING
 DISTRICTS AND MIXED COMMERCIAL AND RESIDENTIAL ZONING DISTRICTS.
   § 13-102. APPLICATION. FOR THE PURPOSES STATED  HEREIN,  THIS  ARTICLE
 SHALL  SUPERSEDE  ALL  STATE AND LOCAL LAWS RELATING TO THE SOLAR ENERGY
 GENERATING SYSTEMS DESCRIBED IN THIS ARTICLE;  PROVIDED,  HOWEVER,  THAT
 NOTHING  IN THIS ARTICLE SHALL BE CONSTRUED TO PREVENT ANY LOCAL GOVERN-
 MENT FROM ENACTING OR ENFORCING ZONING ORDINANCES OR LAWS  WHICH  DETER-
 MINE  PERMISSIBLE USES OR LOT, BULK, OR DIMENSIONAL REQUIREMENTS IN NON-
 RESIDENTIAL ZONING DISTRICTS OR MIXED COMMERCIAL AND RESIDENTIAL  ZONING
 DISTRICTS,  OR  FROM  ENACTING  OR ENFORCING LOCAL LAWS OR ORDINANCES OF
 GENERAL APPLICABILITY INCLUDING LAWS OR ORDINANCES REQUIRING  SITE  PLAN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14983-02-4
 A. 9810                             2
 
 APPROVAL  OR  SPECIAL PERMIT APPROVAL OF A SOLAR ENERGY SYSTEM PERMITTED
 BY THIS ARTICLE, EXCEPT THAT SUCH LOCAL LAWS  OR  ORDINANCES  SHALL  NOT
 CONFLICT WITH THIS ARTICLE.
   § 13-103. DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "SOLAR ENERGY SYSTEM" OR "SOLAR ENERGY GENERATING SYSTEM" MEANS THE
 COMPONENTS AND SUBSYSTEMS REQUIRED TO CONVERT SOLAR ENERGY INTO ELECTRIC
 ENERGY SUITABLE FOR USE WHEN USED IN  A  VEHICLE  CARPORT-MOUNTED  SOLAR
 ENERGY  SYSTEM,  BUILDING-INTEGRATED SOLAR ENERGY SYSTEM OR ROOF-MOUNTED
 SOLAR ENERGY SYSTEM. SUCH TERMS INCLUDE, BUT ARE NOT LIMITED  TO,  SOLAR
 PANELS AND SOLAR ENERGY EQUIPMENT.
   2.  "VEHICLE CARPORT-MOUNTED SOLAR ENERGY SYSTEM" MEANS A SOLAR ENERGY
 SYSTEM NOT TO EXCEED TWO  MEGAWATTS  OF  GENERATING  CAPACITY  WHICH  IS
 LOCATED ABOVE REAL PROPERTY CURRENTLY USED FOR VEHICLE PARKING.
   3.  "SOLAR  ENERGY  EQUIPMENT"  MEANS  ELECTRICAL  MATERIAL, HARDWARE,
 INVERTERS, CONDUIT, ENERGY STORAGE  DEVICES,  OR  OTHER  ELECTRICAL  AND
 PHOTOVOLTAIC  EQUIPMENT  ASSOCIATED  WITH  THE PRODUCTION AND STORAGE OF
 ELECTRICITY.
   4. "SOLAR PANEL" MEANS A PHOTOVOLTAIC DEVICE CAPABLE OF COLLECTING AND
 CONVERTING SOLAR ENERGY INTO ELECTRICITY.
   5. "NAMEPLATE CAPACITY" MEANS A SOLAR ENERGY SYSTEM'S MAXIMUM ELECTRIC
 POWER OUTPUT UNDER OPTIMAL OPERATING CONDITIONS.
   § 13-104. COMMUNITY ENERGY PROJECT SITING. NO LOCAL  GOVERNMENT  SHALL
 UNDER  ANY  ZONING ORDINANCE, ZONING LAW, OR LAW OR ORDINANCE OF GENERAL
 APPLICABILITY WHICH  DETERMINES  PERMISSIBLE  USES  IN  CITY,  TOWN,  OR
 VILLAGE  ZONING  DISTRICTS,  PROHIBIT THE CONSTRUCTION, INSTALLATION, OR
 OPERATION OF SOLAR ENERGY GENERATING SYSTEMS WITH A  NAMEPLATE  CAPACITY
 OF  TWO  MEGAWATTS  OR  LESS,  IN ANY NON-RESIDENTIAL ZONING DISTRICT OR
 MIXED COMMERCIAL AND RESIDENTIAL ZONING DISTRICT OF ANY SUCH CITY,  TOWN
 OR  VILLAGE,  UNLESS  THE  ZONING  DISTRICT  IS A CERTIFIED AGRICULTURAL
 DISTRICT.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.