S T A T E O F N E W Y O R K
________________________________________________________________________
6270--B
2025-2026 Regular Sessions
I N A S S E M B L Y
March 3, 2025
___________
Introduced by M. of A. CUNNINGHAM, SIMON, SHRESTHA, SCHIAVONI, ROSEN-
THAL, K. BROWN, EPSTEIN, DAIS, SIMONE, HEVESI, TAYLOR, LASHER,
SEAWRIGHT, OTIS -- read once and referred to the Committee on Energy
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, in relation to residential solar and
energy storage permitting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs i and j of subdivision 1 of section 381 of the
executive law, paragraph i as amended and paragraph j as added by
section 3 of part T of chapter 57 of the laws of 2023, are amended and a
new paragraph k is added to read as follows:
i. standards and procedures for measuring the rate of compliance with
the state energy conservation construction code, and provisions requir-
ing that such rate of compliance be measured on an annual basis; [and]
j. procedures requiring the documentation of compliance with regu-
lations adopted pursuant to section thirteen hundred seventy-seven of
the public health law as a condition to issuance of a certificate of
occupancy or certificate of compliance following a periodic fire safety
and property maintenance inspection for multiple dwellings[.]; AND
K. (I) STANDARDS AND PROCEDURES REQUIRING:
(A) ANY AUTHORITY HAVING JURISDICTION OVER A POPULATION EXCEEDING FIVE
THOUSAND RESIDENTS TO ADOPT A RESIDENTIAL AUTOMATED SOLAR PERMITTING
PLATFORM BY JUNE THIRTIETH, TWO THOUSAND TWENTY-SIX, IF SUCH A PLATFORM
WITHOUT ANY INITIAL FEE OR SUBSCRIPTION FEE TO THE AUTHORITY HAVING
JURISDICTION IS AVAILABLE. THE AUTHORITY HAVING JURISDICTION SHALL
ANTICIPATE THAT THE RESIDENTIAL AUTOMATED SOLAR PERMITTING PLATFORM WILL
HAVE THE CAPABILITY TO PROCESS AT LEAST SEVENTY-FIVE PERCENT OF RESIDEN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06584-05-5
A. 6270--B 2
TIAL SOLAR APPLICATIONS FOR EXISTING CONSTRUCTION SUBMITTED TO AUTHORI-
TIES HAVING JURISDICTION IN THE STATE.
(B) (1) AUTHORITIES HAVING JURISDICTION TO SUBMIT COMPLIANCE REPORTS
TO THE DEPARTMENT WITHIN SIXTY DAYS OF ACHIEVING COMPLIANCE WITH CLAUSE
(A) OF THIS SUBPARAGRAPH, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) THE DATE OF COMPLIANCE;
(II) THE SOFTWARE OR A COMBINATION OF SOFTWARE USED FOR COMPLIANCE;
(III) CONFIRMATION THAT THE AUTHORITY HAVING JURISDICTION IS USING A
RESIDENTIAL AUTOMATED SOLAR PERMITTING PLATFORM TO INSTANTLY ISSUE
PERMITS AND PERMIT REVISIONS FOR RESIDENTIAL SOLAR PHOTOVOLTAIC SYSTEMS;
AND
(IV) AN EXPLANATION FOR WHY THE AUTHORITY HAVING JURISDICTION ANTIC-
IPATES THE RESIDENTIAL AUTOMATED SOLAR PERMITTING PLATFORM HAS THE CAPA-
BILITY TO PROCESS AT LEAST SEVENTY-FIVE PERCENT OF THE RESIDENTIAL SOLAR
PHOTOVOLTAIC PERMIT APPLICATIONS ON EXISTING CONSTRUCTION SUBMITTED TO
AUTHORITIES HAVING JURISDICTION IN THE STATE. THIS EXPLANATION MAY BE
BASED ON, BUT IS NOT NECESSARILY LIMITED TO, STATEMENTS FROM THE SOFT-
WARE PROVIDER OF THE RESIDENTIAL AUTOMATED SOLAR PERMITTING PLATFORM.
(2) THE DEPARTMENT MAY ESTABLISH GUIDELINES FOR THE REPORTS PURSUANT
TO ITEM ONE OF THIS CLAUSE.
(3) THE DEPARTMENT MAY DETERMINE THE ACCURACY OF THE AUTHORITY HAVING
JURISDICTION'S REPORT OF COMPLIANCE PURSUANT TO CLAUSE ONE OF THIS
SUBPARAGRAPH. THE DEPARTMENT MAY ALSO MAKE SUCH FINDINGS PUBLICLY AVAIL-
ABLE AND MAY TAKE NECESSARY ACTIONS TO ENFORCE COMPLIANCE WITH CLAUSE
(A) OF THIS SUBPARAGRAPH BASED ON SUCH FINDINGS.
(C) (1) AUTHORITIES HAVING JURISDICTION TO SUBMIT ANNUAL REPORTS TO
THE DEPARTMENT ON THE USAGE OF THE RESIDENTIAL AUTOMATED SOLAR PERMIT-
TING PLATFORM. BETWEEN APRIL FIRST, TWO THOUSAND TWENTY-SEVEN AND APRIL
FIRST, TWO THOUSAND THIRTY-SIX, EACH AUTHORITY HAVING JURISDICTION SHALL
SUBMIT SUCH REPORTS ANNUALLY BY APRIL FIRST COVERING THE PREVIOUS CALEN-
DAR YEAR. THE DEPARTMENT MAY ESTABLISH GUIDELINES FOR THESE REPORTS.
SUCH REPORTS SHALL INCLUDE THE FOLLOWING:
(I) THE NUMBER OF PERMITS ISSUED THROUGH THE RESIDENTIAL AUTOMATED
SOLAR PERMITTING PLATFORM AND RELEVANT CHARACTERISTICS OF THOSE SYSTEMS;
(II) THE NUMBER OF RESIDENTIAL PHOTOVOLTAIC SOLAR PERMITS ISSUED BY
MEANS OTHER THAN THE RESIDENTIAL AUTOMATED SOLAR PERMITTING PLATFORM AND
RELEVANT CHARACTERISTICS OF THOSE SYSTEMS;
(III) THE SOFTWARE OR COMBINATION OF SOFTWARE USED FOR COMPLIANCE;
(IV) CONFIRMATION THAT THE AUTHORITY HAVING JURISDICTION IS USING A
RESIDENTIAL AUTOMATED SOLAR PERMITTING PLATFORM TO ISSUE PERMITS
INSTANTLY AND ISSUE PERMIT REVISIONS INSTANTLY FOR RESIDENTIAL SOLAR
PHOTOVOLTAIC SYSTEMS; AND
(V) A PLAN TO INCREASE USAGE OF THE RESIDENTIAL AUTOMATED SOLAR
PERMITTING PLATFORM IF FEWER THAN SEVENTY-FIVE PERCENT OF RESIDENTIAL
SOLAR PHOTOVOLTAIC PERMITS ARE ISSUED THROUGH THE AUTOMATED PERMITTING
PLATFORM ON EXISTING CONSTRUCTION.
(2) THE DEPARTMENT MAY DETERMINE THE ACCURACY OF THE AUTHORITY HAVING
JURISDICTION'S ANNUAL REPORT PURSUANT TO ITEM ONE OF THIS CLAUSE. THE
DEPARTMENT MAY ALSO MAKE SUCH FINDINGS PUBLICLY AVAILABLE AND MAY TAKE
NECESSARY ACTIONS TO ENFORCE COMPLIANCE WITH CLAUSE (A) OF THIS SUBPARA-
GRAPH BASED ON SUCH FINDINGS.
(D) AUTHORITIES HAVING JURISDICTION OVER A POPULATION EXCEEDING FIVE
THOUSAND RESIDENTS TO PROVIDE AN OPTION FOR REMOTE INSPECTIONS VIA
RECORDED VIDEO OR PHOTO THAT CAN BE SUBMITTED ELECTRONICALLY FOR
PROJECTS PERMITTED BY THE RESIDENTIAL AUTOMATED SOLAR PERMITTING PLAT-
A. 6270--B 3
FORM. SUCH INSPECTIONS SHALL BE OFFERED AT NO GREATER COST AND WITH NO
GREATER DELAY THAN IN-PERSON INSPECTIONS.
(II) AN AUTHORITY HAVING JURISDICTION THAT DOES NOT REQUIRE A PERMIT
FOR RESIDENTIAL PHOTOVOLTAIC SOLAR SYSTEMS IS EXEMPT FROM THE REQUIRE-
MENTS OF THIS PARAGRAPH.
(III) AS USED IN THIS PARAGRAPH, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "DEPARTMENT" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY.
(B) "RESIDENTIAL AUTOMATED SOLAR PERMITTING PLATFORM" MEANS SOFTWARE
OR A COMBINATION OF SOFTWARE DESIGNED TO AUTOMATE PLAN REVIEW, GENERATE
CODE-COMPLIANT APPROVALS, ACCEPT ONLINE PAYMENTS FOR PERMITTING FEES, IF
APPLICABLE, AND INSTANTLY ISSUE PERMITS AND PERMIT REVISIONS FOR RESI-
DENTIAL PHOTOVOLTAIC SYSTEMS UPON ONLINE SUBMISSION OF A CODE-COMPLIANT
APPLICATION AND PAYMENT OF ANY REQUIRED FEES. SUCH PLATFORM SHALL BE
AVAILABLE FOR RESIDENTIAL PHOTOVOLTAIC SYSTEMS UP TO THE MAXIMUM CAPACI-
TY ALLOWED WITH A TWO HUNDRED AMP MAIN SERVICE DISCONNECT, INSTALLED IN
ACCORDANCE WITH THE RESIDENTIAL CODE OF NEW YORK STATE, AS UPDATED, THAT
MAY ALSO INCLUDE AN ENERGY STORAGE SYSTEM UP TO THE MAXIMUM CAPACITY
ALLOWED UNDER THE RESIDENTIAL CODE OF NEW YORK STATE, A MAIN PANEL
UPGRADE, AND/OR A MAIN BREAKER DERATE.
(C) "AUTHORITY HAVING JURISDICTION" SHALL REFER TO ANY CITY, TOWN,
VILLAGE, COUNTY, OR OTHER GOVERNMENTAL UNIT OR AGENCY RESPONSIBLE FOR
THE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM FIRE PREVENTION AND
BUILDING CODE AND THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, AS
DEFINED IN 19 NYCRR, SECTION 1203.1, AS UPDATED.
§ 2. This act shall take effect immediately, provided, however, that
the amendments to paragraphs i and j of subdivision 1 of section 381 of
the executive law made by section one of this act shall take effect on
the same date and in the same manner as section 3 of part T of chapter
57 of the laws of 2023, takes effect.