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.