S T A T E O F N E W Y O R K
________________________________________________________________________
4080
2025-2026 Regular Sessions
I N A S S E M B L Y
January 31, 2025
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Judiciary
AN ACT to amend the real property law, in relation to requiring every
residential lease to provide conspicuous notice of the availability of
community solar for the provision of a tenant's electricity needs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property law is amended by adding a new section
231-d to read as follows:
§ 231-D. COMMUNITY DISTRIBUTED GENERATION FACILITY NOTICE IN RESIDEN-
TIAL LEASES. 1. EVERY RESIDENTIAL LEASE SHALL PROVIDE CONSPICUOUS NOTICE
IN BOLD FACE TYPE AS TO THE AVAILABILITY OF A COMMUNITY DISTRIBUTED
GENERATION FACILITY, ALSO KNOWN AS COMMUNITY SOLAR, AS AN ELECTRICITY
PROVIDER. THE LEASE SHALL ALSO PROVIDE NOTICE THAT MORE INFORMATION CAN
BE FOUND ON THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
WEBSITE AND MAY INCLUDE A LINK TO SUCH AUTHORITY'S WEBSITE.
2. AS USED IN THIS SECTION, THE TERM "COMMUNITY DISTRIBUTED GENERATION
FACILITY" SHALL MEAN A PHOTOVOLTAIC SYSTEM WITH A RATED CAPACITY OF NOT
MORE THAN FIVE MEGAWATTS OF ALTERNATING CURRENT THAT IS CONNECTED TO AN
ELECTRIC SYSTEM AND OPERATED IN CONJUNCTION WITH AN ELECTRIC CORPO-
RATION'S TRANSMISSION AND DISTRIBUTION FACILITIES. PARTICIPATING ELEC-
TRIC CUSTOMERS RECEIVE A BILL CREDIT FOR THE ELECTRICITY GENERATED IN
PROPORTION TO THE SIZE OF THEIR INTEREST IN THE FACILITY, WITH AT LEAST
SIXTY PERCENT OF THE FACILITY'S PRODUCTION ALLOCATED TO PARTICIPATING
CUSTOMERS IN INCREMENTS OF TWENTY-FIVE KILOWATTS OR LESS.
§ 2. This act shall take effect six months after it shall have become
a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02317-01-5