NY State Senate Bill 2023-S8914

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 27, 2024	referred to energy and telecommunications

2023-S8914 (ACTIVE) - Details

See Assembly Version of this Bill:: A9810
Current Committee:: Senate Energy And Telecommunications
Law Section:: Energy Law
Laws Affected:: Add Art 13 §§13-101 - 13-104, Energy L

2023-S8914 (ACTIVE) - Summary

Prohibits local governments from prohibiting 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.

2023-S8914 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8914

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the energy law, in relation to community energy project
siting

 
PURPOSE OR GENERAL IDEA OF BILL:

Establishes legislative intent to encourage development of solar energy
systems and provides regulations for application of systems with regard
to local government zoning laws. Construction and installation of commu-
nity solar projects shall not be prohibited by local zoning ordinances
under certain circumstances.

 
SUMMARY OF PROVISIONS:

Section 1 creates new article 13 of the energy law to establish legisla-
tive intent, application, and define community energy projects. Allows
community energy projects to not be prohibited by local zoning ordi-
nances

Section 2 states the effective date.

 
JUSTIFICATION:

With over 5,500 MW of photovoltaics currently installed, New York State
is a leader in solar energy production. In order to meet the ambitious
goals set by the CLCPA, it is imperative that New York communities
continue to invest in solar infrastructure. Increasing the development
of solar energy projects will benefit public health by reducing harmful
emissions from fossil fuel power plants, diversify regional and state
energy supply, and create economic benefits through new jobs. The
misconception of solar projects taking over valuable real estate has
been disproved by the resourceful use of rooftops and vehicle parking
lots, and other areas that would otherwise be neglected.

Community energy projects provide an affordable way for New Yorkers to
participate in clean energy. Community solar projects are installed at
an offsite location, and many credit the subscribers' electric bill for
the clean energy produced. This legislation would diminish obstacles to
developing renewable energy projects and bring the State of New York
closer to its clean energy goals.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2023-S8914 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8914
 
                             I N  S E N A T E
 
                              March 27, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14983-02-4
 S. 8914                             2
 
 GENERAL  APPLICABILITY  INCLUDING LAWS OR ORDINANCES REQUIRING SITE PLAN
 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.

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Senate Bill S8914

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2023-S8914 (ACTIVE) - Details

2023-S8914 (ACTIVE) - Summary

2023-S8914 (ACTIVE) - Sponsor Memo

2023-S8914 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8914

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Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2023-S8914 (ACTIVE) - Details

2023-S8914 (ACTIVE) - Summary

2023-S8914 (ACTIVE) - Sponsor Memo

2023-S8914 (ACTIVE) - Bill Text download pdf

Comments