Senate Bill S7442

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7442
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 25, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public buildings law, the  education  law,  and  the
   public  authorities  law, in relation to requiring state operations to
   use one hundred percent renewable electricity by two  thousand  thirty
   (Part A); to amend the general municipal law and the education law, in
   relation  to  exempting payment in lieu of taxes revenue from property
   tax cap calculations (Part B); to amend the executive law, in relation
   to requiring the office of renewable energy siting to develop a proce-
   dure to process any financial security or letter of credit required by
   the office (Part C); to amend the public authorities law, the tax  law
   and  the  economic  development  law,  in relation to the recycling of
   solar photovoltaic panels (Part D); to amend Part JJJ of chapter 58 of
   the laws of 2020, amending the  public  service  law  and  other  laws
   relating  to accelerating the growth of renewable energy facilities to
   meet critical state energy policy goals, in relation to directing  the
   New  York power authority to propose a minimum of four priority trans-
   mission projects to address the areas of  highest  need  on  the  bulk
   transmission  system (Part E); to amend the environmental conservation
   law, in relation to the endangered and threatened  species  mitigation
   bank  fund  (Part  F); to amend the public service law, in relation to
   exempting renewable energy systems from certain  requirements  related
   to energy facilities (Part G); to ensure the safe and efficient deliv-
   ery of materials for the timely construction of major renewable energy
   facilities  in furtherance of the goals mandated by the New York state
   climate leadership and community protection act (Part H); to amend the
   agriculture and markets law, in relation  to  defining  land  used  in
   agricultural  production  for the purposes of an agricultural property
   tax exemption (Part I); to amend the  environmental  conservation  law
   and  the public service law, in relation to updating climate law goals
   for energy storage and renewable generation (Part J); to amend the tax
   law, in relation to establishing a  sales  tax  exemption  for  energy
   storage  (Part  K);  to  amend the tax law, in relation to residential
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10480-02-3
 S. 7442                             2
 
   solar tax credits (Part L); and to amend the energy law,  in  relation
   to enacting the "solar for all homes and businesses act of 2023" (Part
   M)

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "omnibus
 renewable energy progress act".
   §  2.  Legislative  findings and statement of purpose. The legislature
 hereby finds, determines, and declares:
   1. Chapter 106 of the laws of 2019 enacted the New York state  climate
 leadership  and community protection act (the "CLCPA") and chapter 58 of
 the laws of 2020 enacted the accelerated  renewable  energy  growth  and
 community  benefit  act ("AREGCBA"), both of which are aimed at fighting
 climate change and decarbonizing the electricity  sector  in  New  York.
 These two acts, among other things:
   (a) directed the department of environmental conservation to establish
 a statewide greenhouse gas emissions limit as a percentage of 1990 emis-
 sions as follows: (i) 2030: 60% of 1990 emissions; and (ii) 2050: 15% of
 1990 emissions;
   (b)  directed  the  public service commission to establish programs to
 require that a minimum of 70% statewide electric generation be  produced
 by  renewable  energy  systems  by  2030,  and that by the year 2040 the
 statewide electrical demand system will generate zero emissions;
   (c) created the office of renewable energy siting  to  coordinate  the
 environmental  review  and  permitting  of  large-scale renewable energy
 projects;
   (d) directed the public service commission to initiate a comprehensive
 study of the state's power grid  to  identify  distribution  and  trans-
 mission  infrastructure  needed  to  enable  the state to meet the CLCPA
 targets, and based on such study, develop plans  that  provide  for  the
 timely   development  of  local  transmission  and  distribution  system
 upgrades by the state's regulated utilities and the  Long  Island  power
 authority;  and  identify  bulk  transmission investments that should be
 undertaken, including projects that should   be undertaken on  an  expe-
 dited  basis in cooperation with the power authority of the state of New
 York; and
   (e) directed the department of environmental conservation to create an
 endangered species mitigation bank fund to improve the efficiency of the
 species protection review and mitigation process for large scale renewa-
 ble energy facilities.
   2. In order to achieve the CLCPA targets and the goals of the AREGCBA,
 the state shall take appropriate action to ensure that:
   (a) new renewable energy generation projects can be sited in a  timely
 and  cost-effective  manner  that  continues to include consideration of
 local laws concerning zoning, the environment or public health and safe-
 ty, and continues to avoid or minimize, to the maximum extent  practica-
 ble, adverse environmental impacts; and
   (b)  renewable energy can be efficiently and cost-effectively injected
 into the state's distribution and transmission system  for  delivery  to
 regions of the state where it is needed; and
   (c)  renewable  energy  property  tax assessment at the local level is
 standardized and local government entities have the flexibility to bene-
 fit from increased tax revenue from renewable energy projects; and
 S. 7442                             3
 
   (d) state entities are procuring renewable energy and  energy  storage
 to power their own operations to the greatest extent possible; and
   (e)  local government entities have the ability to utilize a statewide
 decommissioning mechanism to ensure that renewable energy project owners
 are financially accountable for the decommissioning of  projects  in  as
 standardized a system as possible; and
   (f)  the  department of environmental conservation assesses and recom-
 mends the best future methods of solar panel disposal at  their  end-of-
 life; and
   (g)  the  siting  and  approval of renewable energy projects will help
 communities across the state be  part  of  the  climate  solution  while
 creating  good-paying  jobs  and realizing key economic and social bene-
 fits.
   3. A public policy purpose would be served and the  interests  of  the
 people of the state would be advanced by the provisions of this act.
   §  3.  This  act enacts into law major components of legislation which
 are necessary to implement the "omnibus renewable energy progress  act".
 Each  component  is wholly contained within a Part identified as Parts A
 through M. The effective date for each  particular  provision  contained
 within  such  Part  is  set  forth in the last section of such Part. Any
 provision in any section contained within a Part, including  the  effec-
 tive  date  of  the  Part, which makes a reference to a section "of this
 act", when used in connection with that particular component,  shall  be
 deemed  to  mean  and  refer to the corresponding section of the Part in
 which it is found.   Section five of this act  sets  forth  the  general
 effective date of this act.
 
                                  PART A
 
   Section 1. The public buildings law is amended by adding a new section
 147 to read as follows:
   §  147. REDUCTION OF GREENHOUSE GAS EMISSION FROM PUBLIC BUILDINGS. BY
 TWO THOUSAND THIRTY AND THEREAFTER, SUBJECT  TO  AVAILABLE  SUPPLY,  ONE
 HUNDRED PERCENT OF THE ELECTRICITY USED BY ALL STATE OWNED PUBLIC BUILD-
 INGS  FOR THEIR OWN OPERATIONS, EXCEPT ELECTRICITY NEEDED TO SUPPORT THE
 GENERATION OF ELECTRICITY BY AN ENTITY IN ACCORDANCE WITH  ITS  ENABLING
 AUTHORITY, SHALL COME FROM A RENEWABLE ENERGY SYSTEM AS DEFINED IN PARA-
 GRAPH  (B)  OF  SUBDIVISION  ONE  OF  SECTION  SIXTY-SIX-P OF THE PUBLIC
 SERVICE LAW. IN THE IMPLEMENTATION OF THIS SECTION, THE COMMISSIONER  OF
 GENERAL  SERVICES,  IN  CONSULTATION  WITH  THE  NEW  YORK  STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY AND THE  PUBLIC  SERVICE  COMMISSION,
 SHALL  DEVELOP A PROGRAM TO ENSURE COMPLIANCE WITH THIS REQUIREMENT THAT
 WOULD ALLOW STATE ENTITIES TO COUNT THE PORTION OF ELECTRICITY PURCHASED
 FROM THEIR UTILITY THAT IS RENEWABLE; ALLOW THE PROCUREMENT OF  IN-STATE
 RENEWABLE  ENERGY  CERTIFICATES  ("RECS")  TO  COUNT TOWARDS COMPLIANCE,
 INCLUDING  RECS  FROM  FACILITIES  CONSTRUCTED  PRIOR  TO  TWO  THOUSAND
 FIFTEEN;  AND ALLOW ON-SITE RENEWABLE ENERGY GENERATION TO COUNT TOWARDS
 COMPLIANCE.
   § 2. Subdivision 2 of section 355 of the education law is  amended  by
 adding a new paragraph aa to read as follows:
   AA.  TO  ENSURE  THAT  BY  TWO THOUSAND THIRTY AND THEREAFTER THAT ONE
 HUNDRED PERCENT OF THE ELECTRICITY USED BY ALL BUILDINGS  OWNED  BY  THE
 STATE  UNIVERSITY OR ANY INSTITUTION THEREIN SHALL COME FROM A RENEWABLE
 ENERGY SYSTEM AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION
 SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, SUBJECT TO AVAILABLE SUPPLY.
 S. 7442                             4
 
   § 3. Section 1005 of the public authorities law is amended by adding a
 new subdivision 31 to read as follows:
   31.  THE  AUTHORITY  SHALL BY JANUARY FIRST, TWO THOUSAND THIRTY, ONLY
 GENERATE RENEWABLE ENERGY AS PROVIDED  IN  SECTION  SIXTY-SIX-P  OF  THE
 PUBLIC SERVICE LAW, UNLESS SUCH NON-RENEWABLE ENERGY GENERATION IS NEED-
 ED FOR GRID RELIABILITY AS VERIFIED BY THE INDEPENDENT SYSTEM OPERATOR.
   §  4. Subdivision (r) of section 1020-f of the public authorities law,
 as added by chapter 517 of the laws of  1986,  is  amended  to  read  as
 follows:
   (r) To enter into agreements to purchase power from the power authori-
 ty  of  the  state of New York, the state, any state agency, any munici-
 pality, any private entity, or any other available source at such  price
 or  prices  as  may be negotiated; provided, however, that the authority
 shall not have the power to enter into any agreement or any  negotiation
 for  the purchase of power from the dominion of Canada, or any political
 subdivision, public authority or private corporation  therein;  but  may
 enter  into  an  agreement  with the power authority of the state of New
 York for the purchase of such power; PROVIDED HOWEVER,  THAT  ALL  POWER
 PURCHASED  AFTER  JANUARY  FIRST, TWO THOUSAND THIRTY SHALL BE GENERATED
 FROM RENEWABLE ENERGY AS PROVIDED IN SECTION SIXTY-SIX-P OF  THE  PUBLIC
 SERVICE  LAW,  UNLESS SUCH NON-RENEWABLE ENERGY GENERATION IS NEEDED FOR
 GRID RELIABILITY AS VERIFIED BY THE INDEPENDENT SYSTEM OPERATOR.
   § 5. Section 1020-f of the public authorities law, as added by chapter
 517 of the laws of 1986, is amended by adding a new subdivision (jj)  to
 read as follows:
   (JJ)  TO INSTALL ONE GIGAWATT OF BATTERY STORAGE BY TWO THOUSAND THIR-
 TY.
   § 6. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Subparagraphs (iii) and (vi) of paragraph (c)  of  subdivi-
 sion  3 of section 3-c of the general municipal law, as added by section
 1 of part A of chapter 97 of the laws of 2011, are amended  to  read  as
 follows:
   (iii)  Add  any  payments in lieu of taxes that were receivable in the
 prior fiscal year, PROVIDED HOWEVER, IT SHALL NOT  INCLUDE  PAYMENTS  IN
 LIEU  OF  TAXES  THAT  WERE  RECEIVABLE FROM RENEWABLE ENERGY GENERATION
 PROJECTS AS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   (vi) Subtract any payments in lieu of taxes receivable in  the  coming
 fiscal  year, PROVIDED HOWEVER, IT SHALL NOT INCLUDE PAYMENTS IN LIEU OF
 TAXES THAT ARE RECEIVABLE FROM RENEWABLE ENERGY GENERATION  PROJECTS  AS
 DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   § 2. Subparagraphs 3 and 6 of  paragraph a of subdivision 3 of section
 2023-a  of the education law, as added by section 2 of part A of chapter
 97 of the laws of 2011, are amended to read as follows:
   (3) Add any payments in lieu of taxes  that  were  receivable  in  the
 prior  school  year,  PROVIDED HOWEVER, IT SHALL NOT INCLUDE PAYMENTS IN
 LIEU OF TAXES THAT WERE  RECEIVABLE  FROM  RENEWABLE  ENERGY  GENERATION
 PROJECTS AS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   (6)  Subtract  any  payments in lieu of taxes receivable in the coming
 fiscal year, PROVIDED HOWEVER, IT SHALL NOT INCLUDE PAYMENTS IN LIEU  OF
 TAXES  THAT  ARE RECEIVABLE FROM RENEWABLE ENERGY GENERATION PROJECTS AS
 DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one of this act shall first apply to the levy of taxes by local
 S. 7442                             5

 governments for the fiscal year  that  begins   in 2024;  and  provided,
 further,  that  section  two  of  this  act  shall first apply to school
 district budgets  and  the  budget  adoption process for  the  2024-2025
 school year.
 
                                  PART C
 
   Section 1. Paragraph (g) of subdivision 3 of section 94-c of the exec-
 utive  law,  as added by section 4 of part JJJ of chapter 58 of the laws
 of 2020, is amended to read as follows:
   (g) The office shall within one year of the  effective  date  of  this
 section  promulgate  rules and regulations with respect to all necessary
 requirements to implement the siting permit program established in  this
 section and promulgate modifications to such rules and regulations as it
 deems  necessary;  provided that the office shall promulgate regulations
 requiring the service of applications  on  affected  municipalities  and
 political subdivisions simultaneously with submission of the application
 to  the  office.  THE  OFFICE  SHALL  DEVELOP A PROCEDURE TO PROCESS ANY
 FINANCIAL SECURITY OR LETTER OF CREDIT THAT IS REQUIRED BY  THE  OFFICE.
 SUCH  PROCEDURE  SHALL  BE AVAILABLE TO ANY MUNICIPALITY THAT DECIDES TO
 HAVE THE OFFICE PROCESS AND MAINTAIN ANY REQUIRED FINANCIAL SECURITY  OR
 LETTER OF CREDIT IN THEIR PERMITTING PROCESS.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 94-c of the executive law, made by section one
 of this act, shall not affect the repeal of such section  and  shall  be
 deemed repealed therewith.
 
                                  PART D

   Section  1.   The public authorities law is amended to by adding a new
 section 1885 to read as follows:
   § 1885. STUDY ON RECYCLING AND REUSE OF SOLAR PHOTOVOLTAIC (SOLAR  PV)
 PANELS.  1.  THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF ENVI-
 RONMENTAL CONSERVATION, EMPIRE STATE DEVELOPMENT, AND THE DEPARTMENT  OF
 TRANSPORTATION SHALL CONDUCT A STUDY ON THE RECYCLING AND REUSE OF SOLAR
 PHOTOVOLTAIC (SOLAR PV) PANELS THROUGHOUT NEW YORK STATE.
   2. SUCH STUDY SHALL:
   (A)  REVIEW  AND SUMMARIZE THE CURRENT END-OF-LIFE SOLAR PV MANAGEMENT
 POLICIES AND PROGRAMS IN PLACE IN NEW YORK;
   (B) REVIEW AND SUMMARIZE THE ECONOMIC AND  ENVIRONMENTAL  BENEFITS  OF
 SOLAR  PV PANEL/MODULE RECYCLING AND REUSE BOTH IN NEW YORK STATE AND IN
 OTHER JURISDICTIONS ACROSS THE UNITED STATES;
   (C) REVIEW AND SUMMARIZE THE BARRIERS TO SOLAR PV PANEL/MODULE RECYCL-
 ING AND REUSE. THIS SHALL INCLUDE REGULATORY BARRIERS,  ECONOMIC  BARRI-
 ERS,  RESEARCH,  ANALYSIS,  AND DEVELOPMENT BARRIERS, INFORMATION AVAIL-
 ABILITY AND INFORMATION  EXCHANGE  BARRIERS,  AND  ACCESS  TO  RECYCLING
 FACILITIES BARRIERS;
   (D)  REVIEW AND SUMMARIZE THE BEST METHODS FOR FACILITATING AND ACCEL-
 ERATING SOLAR PV PANEL/MODULE RECYCLING AND  REUSE,  INCLUDING  BUT  NOT
 LIMITED  TO,  REVIEWING  STATUTORY AND REGULATORY CHANGES, AREAS OF NEED
 FOR RESEARCH AND DEVELOPMENT, WAYS IN WHICH INFORMATION EXCHANGE CAN  BE
 ENHANCED,  ECONOMIC  INCENTIVES,  INDUSTRY-LED EFFORTS, AND THE CAPACITY
 AND RECYCLING ABILITIES FOR ANY EXISTING FACILITIES WITHIN THE STATE AND
 ANY OUT-OF-STATE FACILITIES THAT HAVE THE CAPACITY TO  ENGAGE  IN  PANEL
 RECYCLING;
 S. 7442                             6
 
   (E)  REVIEW AND SUMMARIZE OTHER STATE PROGRAMS AND POLICIES RELATED TO
 SOLAR PV RECYCLING AND REUSE;
   (F) REVIEW AND SUMMARIZE THE STATE, FEDERAL, AND INTERNATIONAL REGULA-
 TORY REQUIREMENTS RELATED TO SOLAR PV END-OF-LIFE MANAGEMENT AND ASSOCI-
 ATED EQUIPMENT MANAGEMENT, DECOMMISSIONING, AND FINANCIAL ASSURANCES;
   (G)  REVIEW  AND SUMMARIZE THE IMPACTS THAT ANY COUNTY, TOWN, VILLAGE,
 OR OTHER LOCAL LAWS HAVE ON SOLAR PV RECYCLING, PROJECT SITING,  PERMIT-
 TING,  AND  CONSTRUCTION; AND FURTHER, HOW THOSE LAWS IMPACT THE STATE'S
 ABILITY TO MEET THE GOALS SET FORTH IN THE CLIMATE LEADERSHIP AND COMMU-
 NITY PROTECTION ACT;
   (H)  REVIEW  THE   PREFERRED   SOLAR   PV   END-OF-LIFE   PHOTOVOLTAIC
 MODULE/PANEL AND ASSOCIATED EQUIPMENT MANAGEMENT METHODS AND THE ASSOCI-
 ATED  ECONOMIC AND ENVIRONMENTAL COSTS AND BENEFITS ASSOCIATED WITH EACH
 MANAGEMENT METHOD;
   (I) REPORT ON THE  EXPECTED  ECONOMICALLY  PRODUCTIVE  LIFE  CYCLE  OF
 DIFFERENT TYPES OF SOLAR PV PANELS/MODULES;
   (J) REPORT ON THE VOLUME OF SOLAR PV PANEL/MODULES DEPLOYED WITHIN THE
 STATE AND THE PROJECTED FUTURE DEPLOYMENT OF SOLAR PV;
   (K)  REVIEW THE NEED FOR FINANCIAL ASSURANCE REQUIREMENTS FOR SOLAR PV
 DECOMMISSIONING AND RECYCLING;
   (L) REPORT ON THE NECESSARY INFRASTRUCTURE TO  COLLECT  AND  TRANSPORT
 END-OF-LIFE SOLAR PV PANELS/MODULES FOR REUSE, REFURBISHMENT, RECYCLING,
 OR DISPOSAL; AND
   (M)  REVIEW  ANY  OTHER  AREA OF RESEARCH RELATED TO THE RECYCLING AND
 REUSE OF SOLAR PANELS THE AUTHORITY DEEMS IMPORTANT AND RELATED TO  THIS
 STUDY.
   3.  IN  ADDITION TO THE STUDY, THE AUTHORITY SHALL ALSO COMPILE A LIST
 OF RECOMMENDATIONS WHICH SHALL INCLUDE:
   (A) MODEL INITIATIVES CURRENTLY IN USE BY THE SOLAR INDUSTRY;
   (B) BASED ON THE OUTCOME OF THE  STUDY,  MAKE  RECOMMENDATIONS  FOR  A
 STATEWIDE  PROGRAM,  INCLUDING  HOW  SUCH PROGRAM WOULD OPERATE AND WHAT
 FUNCTIONS SUCH PROGRAM WOULD PERFORM AND ACCOMPLISH;
   (C) WAYS IN WHICH TO INCENTIVIZE  IN-STATE  RECYCLING  FACILITIES  AND
 OPERATIONS TO EXPAND TO INCLUDE SOLAR PV RECYCLING;
   (D)  WAYS  IN  WHICH TO INCENTIVIZE OUT-OF-STATE SOLAR PANEL RECYCLING
 COMPANIES TO LOCATE FACILITIES IN NEW YORK;
   (E) RECOMMENDATIONS FOR ACTIONS THE  LEGISLATURE  OR  EXECUTIVE  COULD
 TAKE TO INCENTIVIZE SOLAR PANEL RECYCLING; AND
   (F) ANYTHING ELSE THE AUTHORITY DEEMS NECESSARY TO CREATE AN EFFECTIVE
 SOLAR PANEL RECYCLING PROGRAM IN NEW YORK.
   4. THE STUDY AND RECOMMENDATIONS SHALL BE TRANSMITTED TO THE GOVERNOR,
 THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
 MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER OF  THE  ASSEMBLY
 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   §  2. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 32-a to read as follows:
   32-A. EMPIRE STATE SOLAR PHOTOVOLTAIC PANEL RECYCLING PROGRAM  CREDIT.
 (A)  ALLOWANCE  OF  CREDIT. A TAXPAYER WHO IS ELIGIBLE FOR THE EXCELSIOR
 JOBS PROGRAM CREDIT PURSUANT TO SECTION THIRTY-ONE OF THIS CHAPTER SHALL
 BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN SUCH  SECTION  THIRTY-
 ONE AGAINST THE TAX IMPOSED BY THIS ARTICLE.
   (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
 THAN  THE  AMOUNT  PRESCRIBED  IN  PARAGRAPH  (D)  OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE.  PROVIDED, HOWEVER, THAT IF THE
 AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBDIVISION  FOR  ANY  TAXABLE
 S. 7442                             7
 
 YEAR  REDUCES  THE  TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS
 TAX BASED ON THE FIXED DOLLAR  MINIMUM  AMOUNT,  FIFTY  PERCENT  OF  THE
 EXCESS  SHALL  BE  TREATED  AS  AN  OVERPAYMENT OF TAX TO BE CREDITED OR
 REFUNDED,  AND  NO  INTEREST  SHALL BE PAID THEREON. THE BALANCE OF SUCH
 CREDIT NOT CREDITED OR REFUNDED IN SUCH TAXABLE YEAR MAY BE A  CARRYOVER
 TO  THE IMMEDIATELY SUCCEEDING TAXABLE YEAR AND MAY BE DEDUCTED FROM THE
 TAXPAYER'S TAX FOR SUCH YEAR. THE EXCESS, IF ANY, OF THE AMOUNT  OF  THE
 CREDIT  OVER  THE  TAX  FOR  SUCH SUCCEEDING YEAR SHALL BE TREATED AS AN
 OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED, NO INTEREST SHALL BE PAID
 THEREON.
   § 3. Paragraphs (m) and (n) of subdivision 1 of  section  353  of  the
 economic development law, as amended by chapter 494 of the laws of 2022,
 are amended and new paragraph (o) is added to read as follows:
   (m)  as  a  participant  operating  in one of the industries listed in
 paragraphs (a) through (k) of this subdivision and operating or sponsor-
 ing child care services to its employees as  defined  in  section  three
 hundred fifty-two of this article; [or]
   (n) as a Green CHIPS project[.]; OR
   (O)  AS A RECYCLER OF SOLAR PHOTOVOLTAIC PANELS UNDER THE EMPIRE STATE
 SOLAR PHOTOVOLTAIC PANEL RECYCLING PROGRAM.
   § 4. Any provision of any local law or ordinance, or any rule or regu-
 lation promulgated thereto, governing the collection, return or  recycl-
 ing  of  solar  photovoltaic  modules or solar photovoltaic panels shall
 upon the effective date of this act be preempted.
   § 5. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Subdivision 5 of section 7 of part JJJ of chapter 58 of the
 laws of 2020, amending the public service law and other laws relating to
 accelerating the growth of renewable energy facilities to meet  critical
 state energy policy goals, is amended to read as follows:
   5. The legislature finds and determines that timely development of the
 bulk  transmission investments identified in the state bulk transmission
 investment plan is in the public interest of the people of the state  of
 New  York.  The  legislature further finds and determines that the power
 authority of the state of New York ("power authority") owns and operates
 backbone electric transmission assets in  New  York,  has  rights-of-way
 that  can  support  in  whole  or  in  part bulk transmission investment
 projects, and has the financial stability, access to capital,  technical
 expertise  and  experience to effectuate expeditious development of bulk
 transmission investments  needed  to  help  the  state  meet  the  CLCPA
 targets,  and  thus  it is appropriate for the power authority as deemed
 feasible and advisable by its trustees, by itself  or  in  collaboration
 with  other parties as it determines to be appropriate, to develop those
 bulk transmission investments found by the commission to be needed expe-
 ditiously to achieve CLCPA targets ("priority transmission projects").
    THE LEGISLATURE FURTHER FINDS AND DETERMINES, FOLLOWING THE  ISSUANCE
 OF  THE  CLIMATE  SCOPING  PLAN REQUIRED BY THE CLCPA, THAT IT IS IN THE
 PUBLIC INTEREST OF THE PEOPLE OF THE STATE OF NEW  YORK  FOR  THE  POWER
 AUTHORITY  TO  PROPOSE  A  MINIMUM  OF  FOUR  SUCH PRIORITY TRANSMISSION
 PROJECTS BY DECEMBER 21, 2023 TO ADDRESS THE AREAS OF  HIGHEST  NEED  ON
 THE  BULK  TRANSMISSION SYSTEM AND FURTHER FACILITATE THE DEVELOPMENT OF
 RENEWABLE ENERGY PROJECTS IN AREAS WHERE THERE ARE  LIMITATIONS  ON  THE
 CAPACITY  TO INTERCONNECT NEW POWER GENERATING FACILITIES.  TWO OF THESE
 FOUR PROJECTS SHALL ADDRESS THE LOCATIONS OF HIGHEST NEEDS FOR DEPLOYING
 S. 7442                             8
 
 ADDITIONAL RENEWABLE ENERGY PROJECTS IDENTIFIED BY THE  NEW  YORK  INDE-
 PENDENT  SYSTEM  OPERATOR IN ITS MOST RECENT TWENTY YEAR SYSTEM OUTLOOK.
 TWO OF THE FOUR PROJECTS SHALL PROPOSE GRID INFRASTRUCTURE  UPGRADES  IN
 LOCATIONS  CURRENTLY UNDERSERVED BY THE GRID FOR INTERCONNECTING RENEWA-
 BLE ENERGY PROJECTS, WHERE THERE IS OTHERWISE THE POTENTIAL  TO  DEVELOP
 RENEWABLE  ENERGY  PROJECTS  (TO  ESTABLISH "RENEWABLE ENERGY ZONES") AS
 DETERMINED BY THE POWER AUTHORITY. THE  COMMISSION  SHALL  EXPEDITIOUSLY
 REVIEW AND APPROVE OR REJECT THESE FOUR PROPOSALS.
   The  power authority shall, through a public process, solicit interest
 from potential co-participants in each project it has agreed to  develop
 and  assess  whether any joint development would provide for significant
 additional benefits in achieving the CLCPA targets. The power  authority
 may  thereafter determine to undertake the development of the project on
 its own, or undertake the project jointly with one or more other parties
 on such terms and conditions as the power authority finds to  be  appro-
 priate  and,  notwithstanding  any other law to the contrary, enter into
 such agreements and take such other actions the power  authority  deter-
 mines to be necessary in order to undertake and complete timely develop-
 ment  of the project.  The intent of this act is for the power authority
 to develop priority transmission projects authorized  in  this  subdivi-
 sion.   For priority projects that the authority determines to undertake
 and that are not substantially within  the  power  authority's  existing
 rights  of way, the authority shall, as deemed feasible and advisable by
 its board of trustees, select  private  sector  participants  through  a
 competitive bidding process, provided however that priority transmission
 projects  is  not  intended to include generation lead lines, or repairs
 to, replacement of or upgrades to the power authority's own transmission
 assets.
   TO FOSTER THE CONTINUED DEVELOPMENT OF COMMUNITY SOLAR  IN  NEW  YORK,
 THE  COMMISSION AND THE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHOULD
 DETERMINE A THRESHOLD  FOR  NON-AFFORDABILITY  FOR  THE  INTERCONNECTION
 COSTS  REQUIRED  BY  AN  INVESTOR-OWNED UTILITY. WHEN THE REQUIRED LOCAL
 SYSTEM UPGRADE COSTS FOR INTERCONNECTING A COMMUNITY SOLAR PROJECT OR  A
 GROUP OF COMMUNITY SOLAR PROJECTS ARE ABOVE THE NON-AFFORDABILITY THRES-
 HOLD,  THE POWER AUTHORITY SHALL INTERVENE AND IMPLEMENT A MECHANISM FOR
 PROVIDING LOW INTEREST FINANCING FOR THE COSTS OF LOCAL SYSTEM  UPGRADES
 ABOVE  THE  THRESHOLD  FOR THE DEVELOPER OR DEVELOPERS OF SUCH COMMUNITY
 SOLAR PROJECT OR PROJECTS.
   § 2. This act shall take effect immediately;  provided,  however,  the
 amendments  to  section  7 of part JJJ of chapter 58 of the laws of 2020
 made by section one of this act shall not  affect  the  repeal  of  such
 section and shall expire therewith.
 
                                  PART F
 
   Section  1.    Subdivision 1 of section 11-0535-c of the environmental
 conservation law, as added by section 12 of part JJJ of  chapter  58  of
 the laws of 2020, is amended to read as follows:
   1.  The department is hereby authorized to utilize funds in the endan-
 gered and threatened species mitigation bank fund, established  pursuant
 to  section ninety-nine-hh of the state finance law, AS ADDED BY SECTION
 13 OF PART JJJ OF CHAPTER 58 OF THE LAWS OF  2020,  OR  IN  THE  HABITAT
 CONSERVATION  AND ACCESS ACCOUNT, ESTABLISHED PURSUANT TO SECTION EIGHT-
 Y-THREE-A OF THE STATE FINANCE LAW, for the purposes of implementing  an
 endangered  and  threatened  species  mitigation  plan  approved  by the
 department.
 S. 7442                             9
 
   § 2. This act shall take effect immediately;  provided,  however,  the
 amendments  to  section  11-0535-c of the environmental conservation law
 made by section one of this act shall not  affect  the  repeal  of  such
 section and shall expire therewith.
 
                                  PART G
 
   Section  1.  Subdivision 1 of section 68 of the public service law, as
 amended by section 5 of part X of chapter 57 of the  laws  of  2013,  is
 amended to read as follows:
   1.  Certificate  required.  No gas corporation or electric corporation
 shall begin construction of a gas plant or electric  plant,  EXCEPT  FOR
 RENEWABLE ENERGY SYSTEMS AS DEFINED IN SECTION SIXTY-SIX-P OF THIS ARTI-
 CLE  OR  ENERGY  STORAGE  SYSTEMS  NOT  PAIRED  WITH ELECTRIC GENERATION
 SYSTEMS, without first having obtained the permission  and  approval  of
 the  commission.  No such corporation shall exercise any right or privi-
 lege under any franchise hereafter granted, or under any franchise here-
 tofore granted but not heretofore actually exercised, or the exercise of
 which shall have been suspended for more than one  year,  without  first
 having obtained a certificate of public convenience and necessity issued
 by  the  commission. Before such certificate shall be issued a certified
 copy of the charter of such corporation shall be filed in the office  of
 the  commission, together with a verified statement of the president and
 secretary of the corporation, showing that it has received the  required
 consent  of  the proper municipal authorities. The commission shall have
 power to grant the permission and approval herein specified whenever  it
 shall  after  due hearing determine that such construction or such exer-
 cise of the right, privilege or franchise is  convenient  and  necessary
 for  the  public service. In making such a determination, the commission
 shall consider the economic feasibility of the corporation,  the  corpo-
 ration's  ability  to  finance  improvements  of a gas plant or electric
 plant, render safe, adequate and reliable service, and provide just  and
 reasonable rates, and whether issuance of a certificate is in the public
 interest. Except as provided in article fourteen-A of the general munic-
 ipal  law,  no  municipality shall build, maintain and operate for other
 than municipal purposes any works or systems  for  the  manufacture  and
 supplying  of gas or electricity for lighting purposes without a certif-
 icate of authority granted by the  commission.  If  the  certificate  of
 authority  is  refused,  no  further  proceedings shall be taken by such
 municipality before the commission, but a new application  may  be  made
 therefor after one year from the date of such refusal.
   § 2. The closing paragraph of section 69 of the public service law, as
 amended  by  chapter  222  of  the  laws  of 1991, is amended to read as
 follows:
   A permission or approval by the public service commission of a  merger
 or  consolidation  shall not be deemed to be an approval of the value of
 any property or accounts of any company involved in the  merger  at  the
 time  of  the  merger,  nor  shall  any  such  permission or approval be
 construed to be a certification by the public  service  commission  that
 the  bonds  and/or  capital stock of any such merged, merging or consol-
 idating corporations are represented in value by  commensurate  physical
 assets  of  such corporations, nor shall such approval be evidence as to
 the value of any such property or account in subsequent rate proceedings
 or before any court or public body. NO PROVISION OF THIS  SECTION  SHALL
 APPLY  TO  ELECTRIC  CORPORATIONS  WHERE  ELECTRICITY  IS GENERATED FROM
 S. 7442                            10
 
 RENEWABLE ENERGY SYSTEMS AS DEFINED IN SECTION SIXTY-SIX-P OF THIS ARTI-
 CLE.
   §  3.  Section 70 of the public service law is amended by adding a new
 subdivision 8 to read as follows:
   8. NO PROVISION OF THIS SECTION SHALL APPLY TO  ELECTRIC  CORPORATIONS
 WHERE  ELECTRICITY IS GENERATED FROM RENEWABLE ENERGY SYSTEMS AS DEFINED
 IN SECTION SIXTY-SIX-P OF THIS ARTICLE.
   § 4. This act shall take effect immediately.
 
                                  PART H
 
   Section 1. Legislative findings and declaration. In  2019,  the  state
 enacted  the  historic  New  York state climate leadership and community
 protection act to mitigate the impacts  of  climate  change  and  reduce
 greenhouse  gas  emissions  from  anthropogenic  sources  100% over 1990
 levels by the year 2050. In 2020,  the  state  enacted  the  accelerated
 renewable  energy  growth  and community benefit act, which provided for
 the expedited siting of major renewable energy  facilities  and  related
 transmission.    The legislature hereby finds and declares that to mean-
 ingfully and timely achieve the historic goals mandated in the New  York
 state  climate  leadership and community protection act, and to meet the
 technology-specific  requirements  set  forth  therein,  including   the
 installation   of   wind  and  solar-powered  electric  generation,  the
 construction of new and repowered wind turbines and solar arrays  is  an
 urgent  matter  of great importance to New York. The legislature further
 finds that current  rules,  regulations,  and  policies  addressing  the
 transport  of  large loads on the state highways and the thruway present
 impediments to the efficient transport of  construction  materials  used
 for  these  projects, including large loads such as wind turbines, which
 is inconsistent with the  goals  of  the  accelerated  renewable  energy
 growth  and  community  benefit act. Because of the unprecedented volume
 and size of materials planned for transport, the current rules regarding
 the use of police escorts for the transport of such loads may result  in
 delays,  shortages  of  police  officer  escorts, and retention of truck
 traffic, that may hinder construction of major renewable energy  facili-
 ties. Therefore, it is the intent of this act to supersede any such rule
 or policy, and to allow materials used for the construction of any major
 renewable energy facility to be transported on state highways and on the
 thruway  safely  using  either  a  police  escort, or a private security
 escort.
   § 2. (a) For the purposes of this act, the term "major renewable ener-
 gy facility" shall have the same meaning as defined in section  94-c  of
 the executive law.
   (b) Notwithstanding any other law, rule, regulation, or internal poli-
 cy  of any state department, agency, public authority, or public benefit
 corporation, vehicles carrying materials intended for  the  construction
 of any major renewable energy facility, including oversize and superload
 transport  vehicles,  shall  be  permitted  to travel on the thruway and
 state highways, in compliance with the requirements set forth in  subdi-
 vision  (c)  of this section, on any day of the week, including Saturday
 and Sunday.
   (c) Notwithstanding any other law, rule, regulation, or internal poli-
 cy of any state department, agency, public authority, or public  benefit
 corporation,  vehicles  carrying materials intended for the construction
 of any major renewable energy facility, including oversize and superload
 transport vehicles, shall be permitted to travel either  with  a  police
 S. 7442                            11
 
 escort,  including  but  not limited to environmental conservation offi-
 cers, parks police, county sheriff deputies or the  national  guard,  or
 with a private security certified escort vehicle as that term is defined
 in  17  NYCRR 154-1.12. The state shall not bear the cost of any private
 security escort utilized under this section.
   (d) Vehicles carrying materials intended for the construction  of  any
 major renewable energy facility, including oversize and superload trans-
 port  vehicles,  shall  have a certified annual inspection demonstrating
 compliance with all applicable state and  federal  safety  standards  in
 lieu  of  a state police level I full inspection, provided the certified
 inspection is performed within seven calendar  days  of  the  trip,  the
 vehicle  is not subject to commercial use in the interim, and the opera-
 tor of such vehicle makes satisfactory inspection paperwork available to
 the state police, the department  of  transportation,  and  the  thruway
 authority upon request.
   (e)  All  state  departments,  agencies, public authorities, or public
 benefit corporations shall prioritize the permitting  and  requests  for
 approval for such travel for the transport of materials intended for use
 in  a major renewable energy facility. The department of transportation,
 in consultation with the thruway authority and the state  police,  shall
 establish  through regulation a program for the certification of private
 security escorts authorized to escort  vehicles  transporting  materials
 intended for the construction of any major renewable energy facility.
   § 3. This act shall take effect immediately.
 
                                  PART I
 
   Section 1. Paragraph g of subdivision 4 of section 301 of the agricul-
 ture  and markets law, as amended by chapter 445 of the laws of 2002, is
 amended to read as follows:
   g. Land under a structure, INCLUDING, BUT NOT LIMITED TO, PHOTOVOLTAIC
 EQUIPMENT, within OR UNDER which crops, livestock or livestock  products
 are  produced, provided that the sales of such crops, livestock or live-
 stock products meet the gross sales requirements of paragraph f of  this
 subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART J
 
   Section  1.  Paragraph  e  of subdivision 13 of section 75-0103 of the
 environmental conservation law, as added by chapter 106 of the  laws  of
 2019, is amended to read as follows:
   e. Measures to achieve [six] TEN gigawatts of distributed solar energy
 capacity  installed  in  the state by two thousand [twenty-five] THIRTY,
 EIGHTY-FIVE HUNDRED MEGAWATTS  OF  GRID-SCALE,  WHOLESALE  SOLAR  ENERGY
 GENERATING CAPACITY BY TWO THOUSAND THIRTY, FIFTY-FIVE HUNDRED MEGAWATTS
 OF  LAND-BASED  WIND  ENERGY GENERATING CAPACITY BY TWO THOUSAND THIRTY,
 nine gigawatts of offshore wind capacity installed by two thousand thir-
 ty-five, a statewide energy efficiency goal of one  hundred  eighty-five
 trillion  British  thermal  units energy reduction from the two thousand
 twenty-five forecast; and [three]  SIX  gigawatts  of  statewide  energy
 storage capacity by two thousand thirty.
   § 2. Subdivision 5 of section 66-p of the public service law, as added
 by chapter 106 of the laws of 2019, is amended to read as follows:
   5.  No later than July first, two thousand twenty-four, the commission
 shall establish programs to require the procurement by the state's  load
 S. 7442                            12
 
 serving  entities of at least EIGHTY-FIVE HUNDRED MEGAWATTS OF GRID-SCA-
 LE, WHOLESALE SOLAR ENERGY GENERATING CAPACITY BY TWO  THOUSAND  THIRTY,
 FIFTY-FIVE HUNDRED MEGAWATTS OF LAND-BASED WIND ENERGY GENERATING CAPAC-
 ITY  BY TWO THOUSAND THIRTY, nine gigawatts of offshore wind electricity
 generation by two thousand thirty-five and [six] TEN gigawatts of photo-
 voltaic solar generation by two thousand  twenty-five,  and  to  support
 [three]  SIX gigawatts of statewide energy storage capacity by two thou-
 sand thirty.
   § 3. This act shall take effect immediately.
 
                                  PART K
 
   Section 1. Section 1115 of the tax law is amended by  adding  two  new
 subdivisions (ll) and (mm) to read as follows:
   (LL)  THE  FOLLOWING  SHALL BE EXEMPT FROM TAX UNDER THIS ARTICLE: (1)
 RECEIPTS FROM THE RETAIL SALE OF, AND CONSIDERATION GIVEN OR  CONTRACTED
 TO  BE  GIVEN FOR, OR FOR THE USE OF, RESIDENTIAL ENERGY STORAGE SYSTEMS
 EQUIPMENT AND THE COSTS OF INSTALLING SUCH SYSTEMS. FOR THE PURPOSES  OF
 THIS  SUBDIVISION,  "RESIDENTIAL ENERGY STORAGE SYSTEMS EQUIPMENT" SHALL
 MEAN AN ARRANGEMENT OR COMBINATION OF COMPONENTS INSTALLED  IN  A  RESI-
 DENCE  THAT  STORES ELECTRICITY FOR USE AT A LATER TIME TO PROVIDE HEAT-
 ING, COOLING, HOT WATER AND/OR ELECTRICITY.
   (2) RECEIPTS FROM THE  SALE  OF  ELECTRICITY  BY  A  PERSON  PRIMARILY
 ENGAGED  IN THE SALE OF ENERGY STORAGE SYSTEM EQUIPMENT AND/OR ELECTRIC-
 ITY GENERATED BY SUCH EQUIPMENT PURSUANT TO A  WRITTEN  AGREEMENT  UNDER
 WHICH SUCH ELECTRICITY IS GENERATED BY RESIDENTIAL ENERGY SYSTEM STORAGE
 EQUIPMENT  THAT  IS:   (A) OWNED BY A PERSON OTHER THAN THE PURCHASER OF
 SUCH ELECTRICITY; (B) INSTALLED ON RESIDENTIAL PROPERTY OF THE PURCHASER
 OF SUCH ELECTRICITY; AND (C) USED TO PROVIDE HEATING, COOLING, HOT WATER
 OR ELECTRICITY.
   (MM) THE FOLLOWING SHALL BE EXEMPT FROM TAX UNDER  THIS  ARTICLE:  (1)
 RECEIPTS  FROM THE RETAIL SALE OF, AND CONSIDERATION GIVEN OR CONTRACTED
 TO BE GIVEN FOR, OR FOR THE USE OF, COMMERCIAL  ENERGY  STORAGE  SYSTEMS
 EQUIPMENT  AND THE COSTS OF INSTALLING SUCH SYSTEMS. FOR THE PURPOSES OF
 THIS SUBDIVISION, "COMMERCIAL ENERGY STORAGE  SYSTEMS  EQUIPMENT"  SHALL
 MEAN  AN ARRANGEMENT OR COMBINATION OF COMPONENTS INSTALLED UPON NON-RE-
 SIDENTIAL PREMISES THAT STORES ELECTRICITY FOR USE AT A  LATER  TIME  TO
 PROVIDE HEATING, COOLING, HOT WATER AND/OR ELECTRICITY.
   (2)  RECEIPTS  FROM  THE  SALE  OF  ELECTRICITY  BY A PERSON PRIMARILY
 ENGAGED IN THE SALE OF ENERGY STORAGE SYSTEM EQUIPMENT AND/OR  ELECTRIC-
 ITY  GENERATED  BY  SUCH EQUIPMENT PURSUANT TO A WRITTEN AGREEMENT UNDER
 WHICH THE ELECTRICITY IS GENERATED BY COMMERCIAL ENERGY SYSTEM EQUIPMENT
 THAT IS: (A) OWNED BY A PERSON OTHER THAN THE PURCHASER  OF  SUCH  ELEC-
 TRICITY;  (B) INSTALLED ON THE NON-RESIDENTIAL PREMISES OF THE PURCHASER
 OF SUCH ELECTRICITY; AND (C) USED TO PROVIDE HEATING, COOLING, HOT WATER
 OR ELECTRICITY TO SUCH PREMISES.
   § 2. Paragraph 1 of subdivision (a) of section 1210 of the tax law, as
 amended by section 5 of part J of chapter 59 of the  laws  of  2021,  is
 amended to read as follows:
   (1) Either, all of the taxes described in article twenty-eight of this
 chapter,  at  the same uniform rate, as to which taxes all provisions of
 the local laws, ordinances or resolutions imposing such taxes  shall  be
 identical,  except as to rate and except as otherwise provided, with the
 corresponding provisions in such  article  twenty-eight,  including  the
 definition  and  exemption  provisions  of  such  article, so far as the
 provisions of such article twenty-eight can be made  applicable  to  the
 S. 7442                            13
 
 taxes  imposed  by  such  city  or  county and with such limitations and
 special provisions as are set forth in this article. The  taxes  author-
 ized  under  this  subdivision  may  not  be imposed by a city or county
 unless  the  local law, ordinance or resolution imposes such taxes so as
 to include all portions and all types of  receipts,  charges  or  rents,
 subject  to  state  tax  under  sections  eleven hundred five and eleven
 hundred ten of this chapter, except as  otherwise  provided.    Notwith-
 standing  the  foregoing,  a  tax imposed by a city or county authorized
 under this subdivision shall not include the tax imposed on charges  for
 admission  to race tracks and simulcast facilities under subdivision (f)
 of section eleven hundred five of this chapter. (i) Any local law, ordi-
 nance or resolution enacted by any city of less than one million  or  by
 any  county  or  school  district, imposing the taxes authorized by this
 subdivision, shall, notwithstanding any provision of law to the  contra-
 ry, exclude from the operation of such local taxes all sales of tangible
 personal  property  for use or consumption directly and predominantly in
 the production of tangible personal property, gas, electricity,  refrig-
 eration  or  steam,  for sale, by manufacturing, processing, generating,
 assembly, refining, mining or extracting;  and  all  sales  of  tangible
 personal  property  for  use  or consumption predominantly either in the
 production of tangible personal property, for sale, by farming or  in  a
 commercial  horse  boarding operation, or in both; and all sales of fuel
 sold for use in commercial aircraft and general aviation aircraft;  and,
 unless such city, county or school district elects otherwise, shall omit
 the  provision  for credit or refund contained in clause six of subdivi-
 sion (a) or subdivision (d) of section eleven hundred nineteen  of  this
 chapter.  (ii)  Any  local  law,  ordinance or resolution enacted by any
 city, county or school district, imposing the taxes authorized  by  this
 subdivision,  shall  omit the residential solar energy systems equipment
 and electricity exemption provided for in subdivision (ee), the  commer-
 cial  solar  energy systems equipment and electricity exemption provided
 for in subdivision (ii), the commercial fuel cell electricity generating
 systems equipment and electricity generated by such equipment  exemption
 provided for in subdivision (kk), THE RESIDENTIAL ENERGY STORAGE SYSTEMS
 EQUIPMENT  AND  ELECTRICITY  EXEMPTION PROVIDED FOR IN SUBDIVISION (LL),
 THE  COMMERCIAL  ENERGY  STORAGE  SYSTEMS  EQUIPMENT   AND   ELECTRICITY
 EXEMPTION PROVIDED FOR IN SUBDIVISION (MM) and the clothing and footwear
 exemption provided for in paragraph thirty of subdivision (a) of section
 eleven  hundred  fifteen  of  this  chapter, unless such city, county or
 school district elects otherwise as to  such  residential  solar  energy
 systems equipment and electricity exemption, such commercial solar ener-
 gy  systems  equipment  and  electricity exemption, commercial fuel cell
 electricity generating systems equipment and  electricity  generated  by
 such equipment exemption or such clothing and footwear exemption.
   §  3.  Subdivision  (d)  of section 1210 of the tax law, as amended by
 section 4 of part WW of chapter 60 of the laws of 2016,  is  amended  to
 read as follows:
   (d)  A local law, ordinance or resolution imposing any tax pursuant to
 this section, increasing or decreasing the rate of such  tax,  repealing
 or  suspending  such tax, exempting from such tax the energy sources and
 services described in paragraph three of subdivision (a) or of  subdivi-
 sion  (b)  of  this  section or changing the rate of tax imposed on such
 energy sources and services  or  providing  for  the  credit  or  refund
 described in [clause] PARAGRAPH six of subdivision (a) of section eleven
 hundred nineteen of this chapter, or electing or repealing the exemption
 for  residential  solar equipment and electricity in subdivision (ee) of
 S. 7442                            14
 
 section eleven hundred fifteen of this article,  or  the  exemption  for
 commercial  solar  equipment  and  electricity  in  subdivision  (ii) of
 section eleven hundred fifteen of this article, or electing or repealing
 the  exemption  for  commercial fuel cell electricity generating systems
 equipment and electricity generated by  such  equipment  in  subdivision
 (kk) of section eleven hundred fifteen of this article, OR THE EXEMPTION
 FOR  RESIDENTIAL  ENERGY STORAGE EQUIPMENT OR ELECTRICITY IN SUBDIVISION
 (LL) OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS ARTICLE, OR THE EXEMPTION
 FOR COMMERCIAL ENERGY STORAGE EQUIPMENT AND ELECTRICITY  IN  SUBDIVISION
 (MM)  OF  SECTION  ELEVEN  HUNDRED  FIFTEEN OF THIS ARTICLE must go into
 effect only on one of the following  dates:  March  first,  June  first,
 September first or December first; provided, that a local law, ordinance
 or  resolution providing for the exemption described in paragraph thirty
 of subdivision (a) of section eleven hundred fifteen of this chapter  or
 repealing  any  such  exemption  or a local law, ordinance or resolution
 providing for a refund or credit described in subdivision (d) of section
 eleven hundred nineteen of this chapter or repealing such  provision  so
 provided  must  go  into  effect only on March first. No such local law,
 ordinance or resolution shall be effective unless a  certified  copy  of
 such  law,  ordinance or resolution is mailed by registered or certified
 mail to the commissioner at the commissioner's office in Albany at least
 ninety days prior to the date it is to become  effective.  However,  the
 commissioner  may  waive  and  reduce  such  ninety-day  minimum  notice
 requirement to a mailing of such certified copy by registered or  certi-
 fied  mail  within  a  period of not less than thirty days prior to such
 effective date if the commissioner deems such action  to  be  consistent
 with  the  commissioner's  duties  under section twelve hundred fifty of
 this  article  and  the  commissioner  acts  by  resolution.  Where  the
 restriction  provided for in section twelve hundred twenty-three of this
 article as to the effective date of a tax  and  the  notice  requirement
 provided  for  therein  are  applicable  and  have  not been waived, the
 restriction and notice requirement in  section  twelve  hundred  twenty-
 three of this article shall also apply.
   § 4. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Subsection (g-1) of section 606 of the tax law,  as amended
 by  chapter  378  of the laws of 2005,  paragraphs 1 and 2 as amended by
 chapter 375 of the laws of 2012, paragraph 3 as amended, paragraph 5  as
 added,  and  paragraphs  6,  7 and 8 as renumbered by chapter 128 of the
 laws of 2007, is amended to read as follows:
   (g-1) Solar energy system equipment credit. (1) General. An individual
 taxpayer shall be allowed a credit against the tax imposed by this arti-
 cle equal to twenty-five percent of qualified solar energy system equip-
 ment expenditures, except as provided in subparagraph (D)  of  paragraph
 two  of  this  subsection.  This  credit shall not exceed three thousand
 seven hundred fifty dollars for qualified solar energy equipment  placed
 in service before September first, two thousand six, [and] five thousand
 dollars  for  qualified  solar  energy equipment placed in service on or
 after September first, two thousand six  AND  BEFORE  APRIL  FIRST,  TWO
 THOUSAND  TWENTY-THREE,  AND  TEN  THOUSAND  DOLLARS FOR QUALIFIED SOLAR
 ENERGY EQUIPMENT PLACED IN SERVICE ON OR AFTER APRIL FIRST, TWO THOUSAND
 TWENTY-THREE.
 S. 7442                            15
 
   (2) Qualified solar energy system equipment expenditures. (A) The term
 "qualified solar energy system equipment  expenditures"  means  expendi-
 tures for:
   (i)  the  purchase of solar energy system equipment which is installed
 in connection with residential property which is  (I)  located  in  this
 state  and  (II)  which  is used by the taxpayer as his or her principal
 residence at the time the solar energy system  equipment  is  placed  in
 service;
   (ii) the lease of solar energy system equipment under a written agree-
 ment  that  spans  at  least  ten  years where such equipment owned by a
 person other than the taxpayer is installed in connection with  residen-
 tial  property which is (I) located in this state and (II) which is used
 by the taxpayer as his or her principal residence at the time the  solar
 energy system equipment is placed in service; or
   (iii)  the  purchase  of power under a written agreement that spans at
 least ten years whereunder the power purchased  is  generated  by  solar
 energy  system equipment owned by a person other than the taxpayer which
 is installed in  connection  with  residential  property  which  is  (I)
 located  in  this state and (II) which is used by the taxpayer as his or
 her principal residence at the time the solar energy system equipment is
 placed in service.
   (B) Such qualified expenditures shall include expenditures for materi-
 als, labor costs properly allocable to on-site preparation, assembly and
 original  installation,  architectural  and  engineering  services,  and
 designs  and  plans directly related to the construction or installation
 of the solar energy system equipment.
   (C) Such qualified expenditures  for  the  purchase  of  solar  energy
 system equipment shall not include interest or other finance charges.
   (D)  Such  qualified expenditures for the lease of solar energy system
 equipment or the purchase of  power  under  an  agreement  described  in
 clauses  (ii)  or  (iii)  of  subparagraph  (A)  of this paragraph shall
 include an amount equal to all payments made  during  the  taxable  year
 under  such  agreement.  Provided,  however,  such credits shall only be
 allowed for fourteen years after the first taxable year  in  which  such
 credit  is  allowed.  Provided further, however, the twenty-five percent
 limitation in paragraph one of this subsection shall only apply  to  the
 total  aggregate amount of all payments to be made pursuant to an agree-
 ment referenced in clauses (ii) or (iii) of  subparagraph  (A)  of  this
 paragraph,  and  shall  not  apply  to individual payments made during a
 taxable year under such agreement except to the extent  such  limitation
 on an aggregate basis has been reached.
   (3)  Solar  energy  system  equipment.  The  term "solar energy system
 equipment" shall  mean  an  arrangement  or  combination  of  components
 utilizing solar radiation, which, when installed in a residence, produc-
 es  AND STORES energy designed to provide heating, cooling, hot water or
 electricity for use in such residence. Such  arrangement  or  components
 shall  not  include equipment connected to solar energy system equipment
 that is a component of part or parts of a  non-solar  energy  system  or
 which  uses  any sort of recreational facility or equipment as a storage
 medium. Solar energy system equipment that generates  AND  STORES  elec-
 tricity  for  use in a residence must conform to applicable requirements
 set forth in section sixty-six-j of the public  service  law.  Provided,
 however,  where solar energy system equipment is purchased and installed
 by a condominium management association or a cooperative housing  corpo-
 ration,  for  purposes of this subsection only, the term "ten kilowatts"
 in such section sixty-six-j shall be read  as  ["fifty]  "TEN  kilowatts
 S. 7442                            16
 
 MULTIPLIED  BY  THE NUMBER OF OWNER-OCCUPIED UNITS IN THE COOPERATIVE OR
 CONDOMINIUM MANAGEMENT ASSOCIATION."
   (4)  Multiple  taxpayers.  Where  solar  energy  system  equipment  is
 purchased and installed in a principal residence shared by two  or  more
 taxpayers,  the amount of the credit allowable under this subsection for
 each such taxpayer shall be prorated according to the percentage of  the
 total  expenditure for such solar energy system equipment contributed by
 each taxpayer.
   (5) Proportionate  share.  Where  solar  energy  system  equipment  is
 purchased  and  installed  by  a condominium management association or a
 cooperative housing corporation, a taxpayer  who  is  a  member  of  the
 condominium management association or who is a tenant-stockholder in the
 cooperative  housing  corporation may for the purpose of this subsection
 claim a proportionate share of the total expense as the expenditure  for
 the  purposes  of the credit attributable to [his] THEIR principal resi-
 dence.
   (6) Grants. For purposes of determining the amount of the  expenditure
 incurred in purchasing and installing solar energy system equipment, the
 amount  of  any  federal, state or local grant received by the taxpayer,
 which was used for the purchase and/or installation  of  such  equipment
 and  which was not included in the federal gross income of the taxpayer,
 shall not be included in the amount of such expenditures.
   (7)  When credit allowed. The credit  provided  for  herein  shall  be
 allowed  with  respect  to  the  taxable year, commencing after nineteen
 hundred ninety-seven, in which the  solar  energy  system  equipment  is
 placed in service.
   (8)  Carryover  of credit. If the amount of the credit, and carryovers
 of such credit, allowable under this subsection  for  any  taxable  year
 shall exceed the taxpayer's tax for such year, such excess amount may be
 carried  over  to the five taxable years next following the taxable year
 with respect to which the credit is allowed and may be deducted from the
 taxpayer's tax for such year or years. FOR TAXABLE YEARS BEGINNING ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR,  IF  THE  AMOUNT  OF  THE
 CREDIT  ALLOWABLE  UNDER THIS SUBSECTION SHALL EXCEED THE TAXPAYER'S TAX
 LIABILITY FOR SUCH YEAR, AND THE TAXPAYER MEETS THE DEFINITION  OF  LOW-
 TO-MODERATE  INCOME  OR RESIDES IN A DISADVANTAGED COMMUNITY, AS IDENTI-
 FIED PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION  LAW,
 THE  EXCESS  SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
 REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHT-
 Y-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID
 THEREON.
   § 2.  This act shall take effect immediately.
 
                                  PART M
 
   Section  1. This act shall be known and may be cited as the "solar for
 all homes and businesses act of 2023".
   § 2. Section 11-102 of the energy law is amended  by  adding  ten  new
 subdivisions,  3-a,  7-a,  7-b,  10-a,  12-a, 13-a, 15-a, 15-b, 15-c and
 15-d, to read as follows:
   3-A. "BOARD." THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL.
   7-A. "DEVELOPER." ANY PERSON OR COMPANY THAT CONSTRUCTS RESIDENTIAL OR
 COMMERCIAL BUILDINGS.
   7-B. "EFFECTIVE SOLAR AREA." THE PORTION OF A BUILDING ROOF  ON  WHICH
 THE  OUTPUT FROM A SOLAR ENERGY SYSTEM, TAKING INTO ACCOUNT SHADING FROM
 EXISTING PERMANENT NATURAL OR MANMADE BARRIERS EXTERNAL TO THE  BUILDING
 S. 7442                            17
 
 (INCLUDING  BUT  NOT  LIMITED TO TREES, HILLS, AND ADJACENT STRUCTURES),
 WOULD BE EQUIVALENT TO SEVENTY PERCENT OR GREATER OF THE  OUTPUT  OF  AN
 UNSHADED SOLAR ENERGY SYSTEM ON AN ANNUAL BASIS.
   10-A.  "LARGE COMMERCIAL BUILDING." A COMMERCIAL BUILDING OF TEN THOU-
 SAND OR MORE SQUARE FEET OF GROSS FLOOR AREA.
   12-A. "MULTI-FAMILY DWELLING." A BUILDING INTENDED TO BE INHABITED  AS
 A  PRIMARY  OR  SECONDARY RESIDENCE BY MULTIPLE INDIVIDUALS OR GROUPS OF
 INDIVIDUALS LIVING IN SEPARATE APARTMENTS.
   13-A. "NEW BUILDING." ANY NEWLY CONSTRUCTED RESIDENTIAL OR  COMMERCIAL
 BUILDING THAT REQUIRES A BUILDING PERMIT TO PROCEED.
   15-A. "SINGLE-FAMILY DWELLING." A BUILDING INTENDED TO BE INHABITED AS
 A  PRIMARY OR SECONDARY RESIDENCE BY ONE INDIVIDUAL OR GROUP OF INDIVID-
 UALS.
   15-B. "SOLAR ENERGY SYSTEM." ANY SOLAR  PHOTOVOLTAIC  SYSTEM  THAT  IS
 INSTALLED  ON  SITE AND USES SOLAR ENERGY TO PROVIDE ALL OR A PORTION OF
 THE ELECTRICAL NEEDS OF A RESIDENTIAL OR COMMERCIAL BUILDING.
   15-C. "SOLAR HOT WATER HEATER." ANY SYSTEM THAT USES SOLAR  ENERGY  TO
 HEAT WATER FOR USE IN A RESIDENTIAL OR COMMERCIAL BUILDING.
   15-D.  "SUBSTITUTE  RENEWABLE  ENERGY  SYSTEM."  ANY  SYSTEM THAT USES
 RENEWABLE ENERGY RESOURCES OTHER THAN SOLAR ENERGY TO PROVIDE FOR ALL OR
 A PORTION OF THE ELECTRICAL NEEDS OF A RESIDENTIAL OR COMMERCIAL  BUILD-
 ING;  PROVIDED,  THAT  A  RENEWABLE ENERGY SYSTEM SHALL USE A TECHNOLOGY
 ELIGIBLE FOR THE RENEWABLE ENERGY STANDARD UNDER PARAGRAPH (G) OF SUBDI-
 VISION TWENTY-SEVEN OF SECTION ONE THOUSAND FIVE OF THE PUBLIC  AUTHORI-
 TIES LAW.
   §  3.  Section  11-103 of the energy law, as amended by chapter 292 of
 the laws of 1998, subdivision 1 as amended by chapter 560 of the laws of
 2010, paragraph (b) of subdivision 1 and subdivisions 2 and 3 as amended
 by chapter 374 of the laws of 2022, is amended to read as follows:
   §  11-103.  Applications.  1.  (a)  The  state   energy   conservation
 construction  code  adopted  by  the [state fire prevention and building
 code council] BOARD and consisting of a building energy code  for  resi-
 dential  buildings  throughout  the state and a building energy code for
 commercial buildings throughout the state is continued until amended  or
 a new code is adopted and effective.
   (b)  The code shall apply to the construction of any new building. The
 code shall also apply to an addition to, and alteration of, any existing
 building or building system; provided, however, that the code shall  not
 be interpreted to require any unaltered portion of the existing building
 or building system to comply with the code. The code shall be subject to
 such  other  exceptions  as may be adopted by the [state fire prevention
 and building code council] BOARD provided that such exceptions shall not
 prevent the attainment of the compliance  goals  set  forth  in  section
 410(2)(c) of the American Recovery and Reinvestment Act of 2009.
   2.  (a) The [state fire prevention and building code council] BOARD is
 authorized, from time to time as it  deems  appropriate  and  consistent
 with  the  purposes  of  this  article, to review and amend the code, or
 adopt a new code, through rules and regulations provided that  the  code
 remains  cost  effective  with  respect  to building construction in the
 state. In determining whether the code remains cost effective, the [code
 council] BOARD shall consider (i) whether the  life-cycle  costs  for  a
 building  will  be  recovered  through  savings in energy costs over the
 design life of the building under a life-cycle cost  analysis  performed
 under  methodology  as established by the New York state energy research
 and development authority in regulations which may be updated from  time
 to  time,  and (ii) secondary or societal effects, such as reductions in
 S. 7442                            18

 greenhouse gas emissions, as defined in regulations. Before  publication
 of  a  notice  of  proposed  rule making establishing the methodology or
 defining secondary or societal effects, the president of  the  authority
 shall  conduct  public  meetings to provide meaningful opportunities for
 public comment from  all  segments  of  the  population  that  would  be
 impacted  by  the regulations, including persons living in disadvantaged
 communities as identified by the climate justice  working  group  estab-
 lished under section 75-0111 of the environmental conservation law.  For
 residential  buildings,  the  code  shall  meet  or exceed the then most
 recently published International Energy Conservation  Code,  or  achieve
 equivalent  or greater energy savings; and for commercial buildings, the
 code shall meet or exceed the then most recently published ASHRAE  90.1,
 or achieve equivalent or greater energy savings.
   (b) When adopting the first amended version of the code next following
 the  effective  date  of [the] chapter THREE HUNDRED SEVENTY-FOUR of the
 laws of two thousand twenty-two [that  added  this  paragraph]  and  any
 subsequent  codes, the [state fire prevention and building code council]
 BOARD shall use its best efforts to  adopt  provisions  for  residential
 buildings  that  achieve  energy  savings  greater  than  energy savings
 achieved by  the  then  most  recently  published  International  Energy
 Conservation  Code and to adopt provisions for commercial buildings that
 achieve energy savings greater than energy savings achieved by the  then
 most  recently  published ASHRAE 90.1, both at levels recommended by the
 New York state energy research and development authority, provided  that
 the  [state  fire prevention and building code council] BOARD determines
 that such advanced energy savings can be achieved  while  still  meeting
 the cost effectiveness considerations contemplated by this subdivision.
   3.  Notwithstanding  any  other  provision  of  law,  the  [state fire
 prevention and building code  council]  BOARD  in  accordance  with  the
 mandate  under  this  article shall have exclusive authority among state
 agencies to promulgate a construction code incorporating energy  conser-
 vation features and clean energy features applicable to the construction
 of  any building, including but not limited to greenhouse gas reduction.
 Any other code, rule or regulation heretofore promulgated or enacted  by
 any  other  state agency, incorporating specific energy conservation and
 clean energy requirements applicable to the construction of  any  build-
 ing,  shall  be  superseded  by  the  code  promulgated pursuant to this
 section.  Notwithstanding the foregoing, nothing in this  section  shall
 be deemed to expand the powers of the [council] BOARD to include matters
 that  are  exclusively  within  the statutory jurisdiction of the public
 service commission, the department of  environmental  conservation,  the
 office of renewable energy siting or another state entity.
   4.  The  secretary of state is authorized to issue written interpreta-
 tions of the code upon written request of  a  permit  applicant  or  the
 official  responsible  for  the  administration  and  enforcement of the
 provisions of the code. Subsequent enforcement  of  the  code  shall  be
 consistent with such written interpretations.
   §  4. Subdivision 5 of section 11-104 of the energy law, as amended by
 chapter 374 of the laws of 2022, is amended to read as follows:
   5. The [state fire prevention and building  code  council]  BOARD,  in
 consultation  with  the  commissioner of the department of parks, recre-
 ation and historic preservation, is authorized to  adopt  exemptions  to
 such  uniform  standards  and  requirements  for  historic  buildings as
 defined in section 11-102 of  this  article,  to  the  extent  that  the
 uniform  standards  and requirements would threaten, degrade, or destroy
 the historic form, fabric, or function of such historic buildings.
 S. 7442                            19
 
   § 5. Section 11-105 of the energy law, as amended by  chapter  560  of
 the laws of 2010, is amended to read as follows:
   § 11-105. Limitation of application. Notwithstanding the provisions of
 subdivision  one  of  section  11-103  of  this article, the [state fire
 prevention and building code council] BOARD, by  regulation,  may  limit
 the  application  of any portion of the code so as to include or exclude
 classes or types of buildings, according to the use thereof or the  cost
 effectiveness  of  the  code  with  respect to any such class or type of
 building, or according to any other distinction as  may  make  differen-
 tiation  or  separate  classification or regulation necessary, proper or
 desirable, provided however, that such  limitation:  (1)  is  consistent
 with  the purposes of this article and the criteria set forth in section
 11-104 of this article, (2) does not render the code  inconsistent  with
 the  energy savings requirements of subdivision two of section 11-103 of
 this article, and (3) whether considered  individually  or  collectively
 with  other  limitations, will not prevent the attainment of the compli-
 ance goals set forth in section 410(2)(c) of the American  Recovery  and
 Reinvestment Act of 2009.
   §  6. Subdivision 2 of section 11-109 of the energy law, as amended by
 chapter 560 of the laws of 2010, is amended to read as follows:
   2.  Any  municipality  which  adopts  a  local   energy   conservation
 construction  code  in accordance with this section shall file a copy of
 such code and any amendments or revisions thereof with the  [state  fire
 prevention  and  building  code  council] BOARD within thirty days after
 promulgation or adoption  of  such  local  code  or  any  amendments  or
 revisions thereof. If the municipality files such copy within such thir-
 ty day time period, the municipality may enforce such local code, amend-
 ment  or revision until and unless the [state fire prevention and build-
 ing code council] BOARD shall determine that such local code,  amendment
 or  revision  is not more restrictive than the code. If the municipality
 fails to file such copy within such thirty day time period, the  munici-
 pality  may not enforce such local code, amendment or revision until and
 unless the [state fire prevention and building code council] BOARD shall
 determine that such local code, amendment or revision is  more  restric-
 tive than the code.
   §  7. The energy law is amended by adding a new section 11-111 to read
 as follows:
   § 11-111.  SOLAR REQUIREMENTS FOR NEW BUILDINGS. 1. ALL NEW  BUILDINGS
 SHALL  BE BUILT TO ACCOMMODATE THE INSTALLATION OF A SOLAR ENERGY SYSTEM
 ON THEIR ROOFS. THE BOARD SHALL DEVELOP  AND  ADOPT  AMENDMENTS  TO  THE
 STATE  BUILDING  CODE  WITHIN  ONE  YEAR  OF  THE EFFECTIVE DATE OF THIS
 SECTION TO ESTABLISH  MINIMUM  STANDARDS  THAT  SHALL  BE  MET  FOR  NEW
 CONSTRUCTION TO ACCOMMODATE A SOLAR ENERGY SYSTEM.
   2.  IN  DRAFTING  THE AMENDMENTS TO THE BUILDING CODE, THE BOARD SHALL
 TAKE INTO ACCOUNT EXISTING BUILDING  CODE  REQUIREMENTS  AND  COMPLIANCE
 COSTS.    THE  BOARD  SHALL ALSO CONSULT WITH SCIENTISTS, ENGINEERS, AND
 PROFESSIONAL SOCIETIES WITH RELEVANT EXPERTISE IN SOLAR  ENERGY  SYSTEMS
 AND BUILDING CONSTRUCTION.
   3. AT A MINIMUM, THE BOARD SHALL INCLUDE REQUIREMENTS FOR:
   (A)  STATIC  LOAD ROOF STRENGTH, WITH A REQUIREMENT THAT ROOFING WHERE
 SOLAR EQUIPMENT COULD BE PLACED BE CAPABLE OF SUPPORTING  A  MINIMUM  OF
 SIX POUNDS PER SQUARE FOOT;
   (B)  PLACEMENT  OF  NON-SOLAR  RELATED  ROOFTOP EQUIPMENT, TAKING INTO
 ACCOUNT POSITIONING THAT AVOIDS SHADING OF SOLAR EQUIPMENT AND MAXIMIZA-
 TION OF CONTINUOUS ROOF SPACE;
 S. 7442                            20
 
   (C) SIZING AND PROVISION OF EXTRA ELECTRICAL PANELS TO ACCOMMODATE THE
 ADDITION OF AN APPROPRIATELY SIZED FUTURE SOLAR ENERGY SYSTEM; AND
   (D) PROVISION OF SPACE FOR A SOLAR ENERGY SYSTEM DC-AC INVERTER IN THE
 UTILITY ROOM OR ON AN OUTSIDE WALL.
   4. THE BOARD SHALL ALSO CONSIDER INCLUDING REQUIREMENTS FOR:
   (A) ROOF ORIENTATION AND ANGLE;
   (B)  ROOF TYPES THAT ARE COMPATIBLE WITH A SOLAR INSTALLATION MOUNTING
 STRATEGY THAT WILL REQUIRE MINIMAL OR NO ROOF PENETRATIONS; AND
   (C) A CONDUIT FOR WIRING FROM ROOF TO ELECTRIC PANEL.
   5. TO THE EXTENT NECESSARY, THE BOARD SHALL PROMULGATE SEPARATE STAND-
 ARDS FOR RESIDENTIAL AND COMMERCIAL BUILDINGS AND FOR DIFFERENT BUILDING
 TYPES AND OCCUPANCIES.
   6. IN DEVELOPING THESE REGULATIONS, THE BOARD SHALL CONSULT  WITH  THE
 NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND OTHER STATE
 AGENCIES WITH RELEVANT EXPERTISE.
   §  8. The energy law is amended by adding a new section 11-112 to read
 as follows:
   § 11-112.  SPECIFIC SOLAR REQUIREMENTS FOR NEW BUILDINGS. 1. THE BOARD
 SHALL DEVELOP AND ADOPT AMENDMENTS TO THE STATE BUILDING CODE WITHIN ONE
 YEAR FROM THE EFFECTIVE DATE OF THIS SECTION TO AMEND THE STATE BUILDING
 CODE TO REQUIRE CERTAIN TYPES OF NEW CONSTRUCTION, AS SPECIFIED IN  THIS
 SECTION, TO HAVE A SOLAR ENERGY SYSTEM.
   2.  SINGLE-FAMILY DWELLINGS SHALL HAVE A SOLAR ENERGY SYSTEM PRODUCING
 SUFFICIENT ELECTRICITY ON AN ANNUAL BASIS TO MEET ONE HUNDRED PERCENT OF
 THE ESTIMATED AVERAGE ANNUAL ELECTRICITY DEMAND OF DWELLINGS OF A  SIMI-
 LAR SIZE AND TYPE.
   3.  MULTI-FAMILY  DWELLINGS  AND  LARGE COMMERCIAL BUILDINGS UP TO TEN
 STORIES IN HEIGHT SHALL HAVE A SOLAR ENERGY SYSTEM PRODUCING  SUFFICIENT
 ELECTRICITY  ON AN ANNUAL BASIS TO MEET MINIMUM STANDARDS ESTABLISHED BY
 THE BOARD, WHICH MAY BE BASED ON THE SIZE OF THE ROOF, BUILDING TYPE AND
 OCCUPANCY, ESTIMATED AVERAGE ANNUAL ELECTRICITY USE  OF  SIMILAR  BUILD-
 INGS, OR OTHER FACTORS.
   4. THE BOARD MAY REQUIRE OTHER CATEGORIES OF NEW CONSTRUCTION OR RENO-
 VATED BUILDINGS TO HAVE A SOLAR ENERGY SYSTEM, AND SET MINIMUM STANDARDS
 FOR THE GENERATING CAPACITY OF THE SOLAR ENERGY SYSTEM.
   5.  THE  BOARD  MAY REDUCE THE REQUIRED MINIMUM GENERATING CAPACITY OF
 SOLAR ENERGY SYSTEMS FOR SINGLE-FAMILY AND MULTI-FAMILY DWELLINGS BY  UP
 TO  TWENTY-FIVE PERCENT IF INSTALLED IN CONJUNCTION WITH A BATTERY STOR-
 AGE SYSTEM WITH A MINIMUM CAPACITY OF 7.5  KILOWATT-HOURS  PER  DWELLING
 UNIT.
   6.  THE  BOARD SHALL DETERMINE THE AVERAGE ANNUAL ELECTRICITY CONSUMP-
 TION FOR THE TYPES OF BUILDINGS DESCRIBED IN THIS SECTION AND REVISE ITS
 DETERMINATION AT LEAST EVERY THREE YEARS, TAKING INTO ACCOUNT CHANGES IN
 ELECTRICITY CONSUMPTION DUE TO ENERGY EFFICIENCY IMPROVEMENTS,  ELECTRIC
 VEHICLE  CHARGING,  AIR SOURCE HEAT PUMPS AND OTHER ELECTRIC HEATING AND
 COOLING TECHNOLOGIES, AND OTHER FACTORS.
   § 9. The energy law is amended by adding a new section 11-113 to  read
 as follows:
   §  11-113.  EXEMPTIONS FROM SPECIFIC SOLAR REQUIREMENTS FOR NEW BUILD-
 INGS.  1. DEVELOPERS MAY SEEK AN EXEMPTION FROM THE INSPECTOR OF  BUILD-
 INGS  OR  BUILDING  COMMISSIONER  FROM  THE  REQUIREMENTS UNDER SECTIONS
 11-111 AND 11-112 OF THIS ARTICLE UPON A  SUFFICIENT  SHOWING  THAT  THE
 EFFECTIVE  SOLAR AREA IS LESS THAN EIGHTY CONTIGUOUS SQUARE FEET. DEVEL-
 OPERS MAY SEEK A REDUCTION IN THE  REQUIRED  GENERATING  CAPACITY  OF  A
 SOLAR  ENERGY  SYSTEM UPON A SUFFICIENT SHOWING THAT THE EFFECTIVE SOLAR
 AREA IS EIGHTY CONTIGUOUS SQUARE FEET OR GREATER, BUT IS INSUFFICIENT TO
 S. 7442                            21
 
 ALLOW FOR THE INSTALLATION OF A SOLAR ENERGY SYSTEM MEETING THE  MINIMUM
 REQUIREMENTS ESTABLISHED BY THE BOARD.
   2. DEVELOPERS MAY SEEK AN EXEMPTION FROM THE INSPECTOR OF BUILDINGS OR
 BUILDING  COMMISSIONER  FROM  THE REQUIREMENTS UNDER SECTIONS 11-111 AND
 11-112 OF THIS ARTICLE UPON  A  SUFFICIENT  SHOWING  THAT  A  SUBSTITUTE
 RENEWABLE  ENERGY  SYSTEM WILL BE INSTALLED AT THE TIME OF CONSTRUCTION,
 PRODUCING AN EQUAL OR GREATER AMOUNT OF ELECTRICITY ON AN  ANNUAL  BASIS
 AS  THE MINIMUM REQUIRED SOLAR INSTALLATION UNDER SECTION 11-112 OF THIS
 ARTICLE. DEVELOPERS MAY SEEK A  REDUCTION  IN  THE  REQUIRED  GENERATING
 CAPACITY  OF  A  SOLAR  ENERGY  SYSTEM  UPON A SUFFICIENT SHOWING THAT A
 SUBSTITUTE RENEWABLE ENERGY SYSTEM WILL BE  INSTALLED  AT  THE  TIME  OF
 CONSTRUCTION,  GENERATING  SUFFICIENT  ELECTRICITY ON AN ANNUAL BASIS TO
 OFFSET THE REDUCTION IN ELECTRICITY PRODUCED BY THE SOLAR ENERGY SYSTEM.
   3. DEVELOPERS MAY SEEK AN EXEMPTION FROM THE INSPECTOR OF BUILDINGS OR
 BUILDING COMMISSIONER FROM THE REQUIREMENTS UNDER  SECTIONS  11-111  AND
 11-112  OF  THIS ARTICLE, OR A REDUCTION IN THE REQUIRED SIZE OF A SOLAR
 ENERGY SYSTEM, UPON A SUFFICIENT SHOWING THAT A SOLAR HOT  WATER  HEATER
 WILL  BE  INSTALLED  AT  THE  TIME  OF  CONSTRUCTION.  SUCH EXEMPTION OR
 REDUCTION SHALL ONLY BE GRANTED TO THE EXTENT THAT THE INSTALLATION OF A
 SOLAR HOT WATER HEATER WILL REDUCE THE PORTION OF  THE  EFFECTIVE  SOLAR
 AREA AVAILABLE FOR A SOLAR ENERGY SYSTEM.
   4.  THE BOARD MAY ALLOW EXEMPTIONS FROM THE REQUIREMENTS OF THIS ARTI-
 CLE FOR AFFORDABLE HOUSING DEVELOPMENTS, AFTER CONSULTING WITH  AFFORDA-
 BLE  HOUSING  DEVELOPERS  AND  OPERATORS,  COMMUNITY  DEVELOPMENT CORPO-
 RATIONS, ORGANIZATIONS THAT REPRESENT AFFORDABLE HOUSING RESIDENTS,  AND
 OTHER STAKEHOLDERS.
   5.  THE  BOARD  SHALL  PROMULGATE  REGULATIONS  WITHIN ONE YEAR OF THE
 EFFECTIVE DATE OF THIS SECTION THAT  CLEARLY  DEFINES  THE  PROCESS  FOR
 SEEKING AN EXEMPTION.
   6.  SHOULD  AN  EXEMPTION  BE GRANTED, OR IF THE NEW BUILDING DOES NOT
 HAVE A SOLAR ENERGY SYSTEM PRODUCING SUFFICIENT ELECTRICITY ON AN ANNUAL
 BASIS TO MEET ONE HUNDRED PERCENT OF THE ESTIMATED AVERAGE ANNUAL  ELEC-
 TRICITY  DEMAND  OF  DWELLINGS OF A SIMILAR SIZE AND TYPE, THE DEVELOPER
 SHALL SUBSCRIBE TO A  SOLAR  COMMUNITY  DISTRIBUTED  GENERATION  PROJECT
 UNDER  SECTION  SIXTY-SIX-P  OF THE PUBLIC SERVICE LAW TO MEET THE SOLAR
 GENERATION NEEDS OF THE BUILDING.
   § 10. The energy law is amended by adding a new section 11-114 to read
 as follows:
   § 11-114.  AMENDMENTS TO THE BUILDING CODE. 1. ALL FUTURE EDITIONS AND
 AMENDED VERSIONS OF THE BUILDING CODE, AS ADOPTED BY  THE  BOARD,  SHALL
 INCLUDE  REGULATIONS MEETING THE REQUIREMENTS OF SECTIONS 11-111, 11-112
 AND 11-113 OF THIS ARTICLE.
   2. THE BOARD MAY FROM TIME TO TIME REVISE THE REGULATIONS  PROMULGATED
 UNDER  SECTIONS 11-111, 11-112 AND 11-113 OF THIS ARTICLE, IN ACCORDANCE
 WITH CHANGES IN TECHNOLOGY AND BUILDING PRACTICES.
   § 11. The energy law is amended by adding a new section 11-115 to read
 as follows:
   § 11-115.  ENSURING CONTINUED DEVELOPMENT INCENTIVES  FOR  NEW  BUILD-
 INGS.  COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE SHALL NOT IMPAIR A
 BUILDING'S  ELIGIBILITY  FOR  ANY INCENTIVES, REBATES, CREDITS, OR OTHER
 PROGRAMS IN EXISTENCE  TO  ENCOURAGE  DEVELOPMENT  OF  RENEWABLE  ENERGY
 RESOURCES.
   § 12. The energy law is amended by adding a new section 11-116 to read
 as follows:
   §  11-116.    NO  GRANTING  OF  BUILDING  PERMITS WITHOUT A SHOWING OF
 COMPLIANCE. A BUILDING PERMIT FOR NEW CONSTRUCTION SHALL NOT BE  GRANTED
 S. 7442                            22
 
 WITHOUT  A  SHOWING  THAT THE BUILDING COMPLIES WITH THE REQUIREMENTS OF
 THIS ARTICLE.
   § 13. The energy law is amended by adding a new section 11-117 to read
 as follows:
   §  11-117.    PENALTIES  FOR  FAILURE TO COMPLY WITH THIS ARTICLE. ANY
 PERSON WHO FAILS TO COMPLY WITH OR OTHERWISE VIOLATES THIS ARTICLE SHALL
 BE LIABLE FOR A CIVIL ADMINISTRATIVE PENALTY NOT TO EXCEED TEN  THOUSAND
 DOLLARS  FOR EACH VIOLATION, OR TWICE THE ESTIMATED ADDITIONAL COST THAT
 WOULD HAVE BEEN INCURRED BY CONSTRUCTING A BUILDING TO MEET THE REQUIRE-
 MENTS OF THIS ARTICLE, WHICHEVER IS GREATER.
   § 14. This act shall take effect immediately.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  5.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Parts A through M of this act shall  be
 as specifically set forth in the last section of such Parts.