Prohibits local governments from prohibiting the construction, installation, or operation of carport-mounted solar energy systems with a nameplate capacity of five megawatts or less, in any non-residential zoning district or mixed commercial and residential zoning district of any such city, town or village, provided however, if the zoning district is a certified agricultural district the agricultural impacts of the projects shall be minimized to the extent practicable.
S T A T E O F N E W Y O R K
________________________________________________________________________
217
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Energy
AN ACT to amend the general municipal law, in relation to siting of
carport-mounted solar energy systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new arti-
cle 5-M to read as follows:
ARTICLE 5-M
CARPORT-MOUNTED SOLAR ENERGY SYSTEMS
SECTION 119-HH. LEGISLATIVE INTENT.
119-II. CARPORT-MOUNTED SOLAR ENERGY SYSTEMS.
§ 119-HH. 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.
§ 119-II. CARPORT-MOUNTED SOLAR ENERGY SYSTEMS. 1. FOR THE PURPOSES OF
THIS ARTICLE "CARPORT-MOUNTED SOLAR ENERGY SYSTEM" SHALL MEAN A SOLAR
ENERGY SYSTEM NOT TO EXCEED FIVE MEGAWATTS OF GENERATING CAPACITY WHICH
IS LOCATED AND MOUNTED ON A ROOF OR STRUCTURE ABOVE REAL PROPERTY EXCLU-
SIVELY IN USE FOR VEHICLE PARKING.
2. NO LOCAL GOVERNMENT SHALL UNDER ANY ZONING ORDINANCE, ZONING LAW,
OR LAW OR ORDINANCE OF GENERAL APPLICABILITY WHICH DETERMINES PERMISSI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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