Senate Bill S4066A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4066
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public buildings law, the  education  law,  and  the
   public  authorities  law, in relation to requiring state operations to
   use one hundred percent renewable electricity by two  thousand  thirty
   (Part A); to amend the general municipal law and the education law, in
   relation  to  exempting payment in lieu of taxes revenue from property
   tax cap calculations (Part B); to amend the  public  service  law,  in
   relation to requiring the office of renewable energy siting to develop
   a  procedure  to  process  any  financial security or letter of credit
   required by the office (Part C); to amend the public authorities  law,
   the tax law and the economic development law, in relation to the recy-
   cling  of  solar  photovoltaic  panels  (Part D); to amend Part JJJ of
   chapter 58 of the laws of 2020, amending the public  service  law  and
   other  laws  relating  to  accelerating the growth of renewable energy
   facilities to meet critical state energy policy goals, in relation  to
   directing  the  New  York power authority to propose a minimum of four
   priority transmission projects to address the areas of highest need on
   the bulk transmission system (Part  E);  to  amend  the  environmental
   conservation law, in relation to the endangered and threatened species
   mitigation  bank  fund  (Part  F); to amend the public service law, in
   relation to exempting renewable energy systems from  certain  require-
   ments  related  to  energy facilities (Part G); to ensure the safe and
   efficient delivery of materials for the timely construction  of  major
   renewable  energy  facilities  in furtherance of the goals mandated by
   the New York state climate leadership  and  community  protection  act
   (Part  H);  to  amend  the agriculture and markets law, in relation to
   defining land used in agricultural production for the purposes  of  an
   agricultural  property  tax  exemption (Part I); to amend the environ-
   mental conservation law and the public service  law,  in  relation  to
   updating climate law goals for energy storage and renewable generation
   (Part  J);  to  amend the tax law, in relation to establishing a sales
   tax exemption for energy storage (Part K); to amend the  tax  law,  in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08364-01-5
 S. 4066                             2
 
   relation  to  residential solar tax credits (Part L); and to amend the
   energy law, in relation to enacting the "solar for all homes and busi-
   nesses act of 2025" (Part M)

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "omnibus
 renewable energy progress act".
   §  2.  Legislative  findings and statement of purpose. The legislature
 hereby finds, determines, and declares:
   1. Chapter 106 of the laws of 2019 enacted the New York state  climate
 leadership  and community protection act (the "CLCPA") and chapter 58 of
 the laws of 2020 enacted the accelerated  renewable  energy  growth  and
 community  benefit  act ("AREGCBA"), both of which are aimed at fighting
 climate change and decarbonizing the electricity  sector  in  New  York.
 These two acts, among other things:
   (a) directed the department of environmental conservation to establish
 a statewide greenhouse gas emissions limit as a percentage of 1990 emis-
 sions as follows: (i) 2030: 60% of 1990 emissions; and (ii) 2050: 15% of
 1990 emissions;
   (b)  directed  the  public service commission to establish programs to
 require that a minimum of 70% statewide electric generation be  produced
 by  renewable  energy  systems  by  2030,  and that by the year 2040 the
 statewide electrical demand system will generate zero emissions;
   (c) created the office of renewable energy siting  to  coordinate  the
 environmental  review  and  permitting  of  large-scale renewable energy
 projects;
   (d) directed the public service commission to initiate a comprehensive
 study of the state's power grid  to  identify  distribution  and  trans-
 mission  infrastructure  needed  to  enable  the state to meet the CLCPA
 targets, and based on such study, develop plans  that  provide  for  the
 timely   development  of  local  transmission  and  distribution  system
 upgrades by the state's regulated utilities and the  Long  Island  power
 authority;  and  identify  bulk  transmission investments that should be
 undertaken, including projects that should   be undertaken on  an  expe-
 dited  basis in cooperation with the power authority of the state of New
 York; and
   (e) directed the department of environmental conservation to create an
 endangered species mitigation bank fund to improve the efficiency of the
 species protection review and mitigation process for large scale renewa-
 ble energy facilities.
   2. In order to achieve the CLCPA targets and the goals of the AREGCBA,
 the state shall take appropriate action to ensure that:
   (a) new renewable energy generation projects can be sited in a  timely
 and  cost-effective  manner  that  continues to include consideration of
 local laws concerning zoning, the environment or public health and safe-
 ty, and continues to avoid or minimize, to the maximum extent  practica-
 ble, adverse environmental impacts; and
   (b)  renewable energy can be efficiently and cost-effectively injected
 into the state's distribution and transmission system  for  delivery  to
 regions of the state where it is needed; and
   (c)  renewable  energy  property  tax assessment at the local level is
 standardized and local government entities have the flexibility to bene-
 fit from increased tax revenue from renewable energy projects; and
 S. 4066                             3
 
   (d) state entities are procuring renewable energy and  energy  storage
 to power their own operations to the greatest extent possible; and
   (e)  local government entities have the ability to utilize a statewide
 decommissioning mechanism to ensure that renewable energy project owners
 are financially accountable for the decommissioning of  projects  in  as
 standardized a system as possible; and
   (f)  the  department of environmental conservation assesses and recom-
 mends the best future methods of solar panel disposal at  their  end-of-
 life; and
   (g)  the  siting  and  approval of renewable energy projects will help
 communities across the state be  part  of  the  climate  solution  while
 creating  good-paying  jobs  and realizing key economic and social bene-
 fits.
   3. A public policy purpose would be served and the  interests  of  the
 people of the state would be advanced by the provisions of this act.
   §  3.  This  act enacts into law major components of legislation which
 are necessary to implement the "omnibus renewable energy progress  act".
 Each  component  is wholly contained within a Part identified as Parts A
 through M. The effective date for each  particular  provision  contained
 within  such  Part  is  set  forth in the last section of such Part. Any
 provision in any section contained within a Part, including  the  effec-
 tive  date  of  the  Part, which makes a reference to a section "of this
 act", when used in connection with that particular component,  shall  be
 deemed  to  mean  and  refer to the corresponding section of the Part in
 which it is found.   Section five of this act  sets  forth  the  general
 effective date of this act.
 
                                  PART A
 
   Section 1. The public buildings law is amended by adding a new section
 148 to read as follows:
   §  148. REDUCTION OF GREENHOUSE GAS EMISSION FROM PUBLIC BUILDINGS. BY
 TWO THOUSAND THIRTY AND THEREAFTER, SUBJECT  TO  AVAILABLE  SUPPLY,  ONE
 HUNDRED PERCENT OF THE ELECTRICITY USED BY ALL STATE OWNED PUBLIC BUILD-
 INGS  FOR THEIR OWN OPERATIONS, EXCEPT ELECTRICITY NEEDED TO SUPPORT THE
 GENERATION OF ELECTRICITY BY AN ENTITY IN ACCORDANCE WITH  ITS  ENABLING
 AUTHORITY, SHALL COME FROM A RENEWABLE ENERGY SYSTEM AS DEFINED IN PARA-
 GRAPH  (B)  OF  SUBDIVISION  ONE  OF  SECTION  SIXTY-SIX-P OF THE PUBLIC
 SERVICE LAW. IN THE IMPLEMENTATION OF THIS SECTION, THE COMMISSIONER  OF
 GENERAL  SERVICES,  IN  CONSULTATION  WITH  THE  NEW  YORK  STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY AND THE  PUBLIC  SERVICE  COMMISSION,
 SHALL  DEVELOP A PROGRAM TO ENSURE COMPLIANCE WITH THIS REQUIREMENT THAT
 WOULD ALLOW STATE ENTITIES TO COUNT THE PORTION OF ELECTRICITY PURCHASED
 FROM THEIR UTILITY THAT IS RENEWABLE; ALLOW THE PROCUREMENT OF  IN-STATE
 RENEWABLE  ENERGY  CERTIFICATES  ("RECS")  TO  COUNT TOWARDS COMPLIANCE,
 INCLUDING  RECS  FROM  FACILITIES  CONSTRUCTED  PRIOR  TO  TWO  THOUSAND
 FIFTEEN;  AND ALLOW ON-SITE RENEWABLE ENERGY GENERATION TO COUNT TOWARDS
 COMPLIANCE.
   § 2. Subdivision 2 of section 355 of the education law is  amended  by
 adding a new paragraph aa to read as follows:
   AA.  TO  ENSURE  THAT  BY  TWO THOUSAND THIRTY AND THEREAFTER THAT ONE
 HUNDRED PERCENT OF THE ELECTRICITY USED BY ALL BUILDINGS  OWNED  BY  THE
 STATE  UNIVERSITY OR ANY INSTITUTION THEREIN SHALL COME FROM A RENEWABLE
 ENERGY SYSTEM AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION
 SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, SUBJECT TO AVAILABLE SUPPLY.
 S. 4066                             4
 
   § 3. Section 1005 of the public authorities law is amended by adding a
 new subdivision 31 to read as follows:
   31.  THE  AUTHORITY  SHALL BY JANUARY FIRST, TWO THOUSAND THIRTY, ONLY
 GENERATE RENEWABLE ENERGY AS PROVIDED  IN  SECTION  SIXTY-SIX-P  OF  THE
 PUBLIC SERVICE LAW, UNLESS SUCH NON-RENEWABLE ENERGY GENERATION IS NEED-
 ED FOR GRID RELIABILITY AS VERIFIED BY THE INDEPENDENT SYSTEM OPERATOR.
   §  4. Subdivision (r) of section 1020-f of the public authorities law,
 as added by chapter 517 of the laws of  1986,  is  amended  to  read  as
 follows:
   (r) To enter into agreements to purchase power from the power authori-
 ty  of  the  state of New York, the state, any state agency, any munici-
 pality, any private entity, or any other available source at such  price
 or  prices  as  may be negotiated; provided, however, that the authority
 shall not have the power to enter into any agreement or any  negotiation
 for  the purchase of power from the dominion of Canada, or any political
 subdivision, public authority or private corporation  therein;  but  may
 enter  into  an  agreement  with the power authority of the state of New
 York for the purchase of such power; PROVIDED HOWEVER,  THAT  ALL  POWER
 PURCHASED  AFTER  JANUARY  FIRST, TWO THOUSAND THIRTY SHALL BE GENERATED
 FROM RENEWABLE ENERGY AS PROVIDED IN SECTION SIXTY-SIX-P OF  THE  PUBLIC
 SERVICE  LAW,  UNLESS SUCH NON-RENEWABLE ENERGY GENERATION IS NEEDED FOR
 GRID RELIABILITY AS VERIFIED BY THE INDEPENDENT SYSTEM OPERATOR.
   § 5. Section 1020-f of the public authorities law, as added by chapter
 517 of the laws of 1986, is amended by adding a new subdivision (ll)  to
 read as follows:
   (LL)  TO INSTALL ONE GIGAWATT OF BATTERY STORAGE BY TWO THOUSAND THIR-
 TY.
   § 6. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Subparagraphs (iii) and (vi) of paragraph (c)  of  subdivi-
 sion  3 of section 3-c of the general municipal law, as added by section
 1 of part A of chapter 97 of the laws of 2011, are amended  to  read  as
 follows:
   (iii)  Add  any  payments in lieu of taxes that were receivable in the
 prior fiscal year, PROVIDED HOWEVER, IT SHALL NOT  INCLUDE  PAYMENTS  IN
 LIEU  OF  TAXES  THAT  WERE  RECEIVABLE FROM RENEWABLE ENERGY GENERATION
 PROJECTS AS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   (vi) Subtract any payments in lieu of taxes receivable in  the  coming
 fiscal  year, PROVIDED HOWEVER, IT SHALL NOT INCLUDE PAYMENTS IN LIEU OF
 TAXES THAT ARE RECEIVABLE FROM RENEWABLE ENERGY GENERATION  PROJECTS  AS
 DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   § 2. Subparagraphs 3 and 6 of  paragraph a of subdivision 3 of section
 2023-a  of the education law, as added by section 2 of part A of chapter
 97 of the laws of 2011, are amended to read as follows:
   (3) Add any payments in lieu of taxes  that  were  receivable  in  the
 prior  school  year,  PROVIDED HOWEVER, IT SHALL NOT INCLUDE PAYMENTS IN
 LIEU OF TAXES THAT WERE  RECEIVABLE  FROM  RENEWABLE  ENERGY  GENERATION
 PROJECTS AS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   (6)  Subtract  any  payments in lieu of taxes receivable in the coming
 fiscal year, PROVIDED HOWEVER, IT SHALL NOT INCLUDE PAYMENTS IN LIEU  OF
 TAXES  THAT  ARE RECEIVABLE FROM RENEWABLE ENERGY GENERATION PROJECTS AS
 DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one of this act shall first apply to the levy of taxes by local
 S. 4066                             5

 governments for the fiscal year  that  begins   in 2026;  and  provided,
 further,  that  section  two  of  this  act  shall first apply to school
 district budgets  and  the  budget  adoption process for  the  2026-2027
 school year.
 
                                  PART C
 
   Section  1. Subdivision 3 of section 138 of the public service law, as
 added by section 11 of part O of chapter 58 of  the  laws  of  2024,  is
 amended to read as follows:
   3.  ORES,  in consultation with the department, shall promulgate rules
 and regulations with respect to all necessary requirements to  implement
 the  siting  permit  program  established in this article and promulgate
 modifications to such rules  and  regulations  as  it  deems  necessary;
 provided that ORES shall promulgate regulations requiring the service of
 applications  on  affected  municipalities  and  political  subdivisions
 simultaneously with submission of an application.  Any  such  rules  and
 regulations,  or  any  amendments  or  modifications  thereto,  shall be
 subject to the approval of the public  service  commission  before  they
 become  effective.   THE OFFICE SHALL DEVELOP A PROCEDURE TO PROCESS ANY
 FINANCIAL SECURITY OR LETTER OF CREDIT THAT IS REQUIRED BY  THE  OFFICE.
 SUCH  PROCEDURE  SHALL  BE AVAILABLE TO ANY MUNICIPALITY THAT DECIDES TO
 HAVE THE OFFICE PROCESS AND MAINTAIN ANY REQUIRED FINANCIAL SECURITY  OR
 LETTER OF CREDIT IN THEIR PERMITTING PROCESS.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 138 of the public service law, made by section
 one of this act, shall not affect the repeal of such section  and  shall
 be deemed repealed therewith.

                                  PART D
 
   Section  1.    The  public  authorities law is amended by adding a new
 section 1885 to read as follows:
   § 1885. STUDY ON RECYCLING AND REUSE OF SOLAR PHOTOVOLTAIC (SOLAR  PV)
 PANELS.  1.  THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF ENVI-
 RONMENTAL CONSERVATION, EMPIRE STATE DEVELOPMENT, AND THE DEPARTMENT  OF
 TRANSPORTATION SHALL CONDUCT A STUDY ON THE RECYCLING AND REUSE OF SOLAR
 PHOTOVOLTAIC (SOLAR PV) PANELS THROUGHOUT NEW YORK STATE.
   2. SUCH STUDY SHALL:
   (A)  REVIEW  AND SUMMARIZE THE CURRENT END-OF-LIFE SOLAR PV MANAGEMENT
 POLICIES AND PROGRAMS IN PLACE IN NEW YORK;
   (B) REVIEW AND SUMMARIZE THE ECONOMIC AND  ENVIRONMENTAL  BENEFITS  OF
 SOLAR  PV PANEL/MODULE RECYCLING AND REUSE BOTH IN NEW YORK STATE AND IN
 OTHER JURISDICTIONS ACROSS THE UNITED STATES;
   (C) REVIEW AND SUMMARIZE THE BARRIERS TO SOLAR PV PANEL/MODULE RECYCL-
 ING AND REUSE. THIS SHALL INCLUDE REGULATORY BARRIERS,  ECONOMIC  BARRI-
 ERS,  RESEARCH,  ANALYSIS,  AND DEVELOPMENT BARRIERS, INFORMATION AVAIL-
 ABILITY AND INFORMATION  EXCHANGE  BARRIERS,  AND  ACCESS  TO  RECYCLING
 FACILITIES BARRIERS;
   (D)  REVIEW AND SUMMARIZE THE BEST METHODS FOR FACILITATING AND ACCEL-
 ERATING SOLAR PV PANEL/MODULE RECYCLING AND  REUSE,  INCLUDING  BUT  NOT
 LIMITED  TO,  REVIEWING  STATUTORY AND REGULATORY CHANGES, AREAS OF NEED
 FOR RESEARCH AND DEVELOPMENT, WAYS IN WHICH INFORMATION EXCHANGE CAN  BE
 ENHANCED,  ECONOMIC  INCENTIVES,  INDUSTRY-LED EFFORTS, AND THE CAPACITY
 AND RECYCLING ABILITIES FOR ANY EXISTING FACILITIES WITHIN THE STATE AND
 S. 4066                             6
 
 ANY OUT-OF-STATE FACILITIES THAT HAVE THE CAPACITY TO  ENGAGE  IN  PANEL
 RECYCLING;
   (E)  REVIEW AND SUMMARIZE OTHER STATE PROGRAMS AND POLICIES RELATED TO
 SOLAR PV RECYCLING AND REUSE;
   (F) REVIEW AND SUMMARIZE THE STATE, FEDERAL, AND INTERNATIONAL REGULA-
 TORY REQUIREMENTS RELATED TO SOLAR PV END-OF-LIFE MANAGEMENT AND ASSOCI-
 ATED EQUIPMENT MANAGEMENT, DECOMMISSIONING, AND FINANCIAL ASSURANCES;
   (G) REVIEW AND SUMMARIZE THE IMPACTS THAT ANY COUNTY,  TOWN,  VILLAGE,
 OR  OTHER LOCAL LAWS HAVE ON SOLAR PV RECYCLING, PROJECT SITING, PERMIT-
 TING, AND CONSTRUCTION; AND FURTHER, HOW THOSE LAWS IMPACT  THE  STATE'S
 ABILITY TO MEET THE GOALS SET FORTH IN THE CLIMATE LEADERSHIP AND COMMU-
 NITY PROTECTION ACT;
   (H)   REVIEW   THE   PREFERRED   SOLAR   PV  END-OF-LIFE  PHOTOVOLTAIC
 MODULE/PANEL AND ASSOCIATED EQUIPMENT MANAGEMENT METHODS AND THE ASSOCI-
 ATED ECONOMIC AND ENVIRONMENTAL COSTS AND BENEFITS ASSOCIATED WITH  EACH
 MANAGEMENT METHOD;
   (I)  REPORT  ON  THE  EXPECTED  ECONOMICALLY  PRODUCTIVE LIFE CYCLE OF
 DIFFERENT TYPES OF SOLAR PV PANELS/MODULES;
   (J) REPORT ON THE VOLUME OF SOLAR PV PANEL/MODULES DEPLOYED WITHIN THE
 STATE AND THE PROJECTED FUTURE DEPLOYMENT OF SOLAR PV;
   (K) REVIEW THE NEED FOR FINANCIAL ASSURANCE REQUIREMENTS FOR SOLAR  PV
 DECOMMISSIONING AND RECYCLING;
   (L)  REPORT  ON  THE NECESSARY INFRASTRUCTURE TO COLLECT AND TRANSPORT
 END-OF-LIFE SOLAR PV PANELS/MODULES FOR REUSE, REFURBISHMENT, RECYCLING,
 OR DISPOSAL; AND
   (M) REVIEW ANY OTHER AREA OF RESEARCH RELATED  TO  THE  RECYCLING  AND
 REUSE  OF SOLAR PANELS THE AUTHORITY DEEMS IMPORTANT AND RELATED TO THIS
 STUDY.
   3. IN ADDITION TO THE STUDY, THE AUTHORITY SHALL ALSO COMPILE  A  LIST
 OF RECOMMENDATIONS WHICH SHALL INCLUDE:
   (A) MODEL INITIATIVES CURRENTLY IN USE BY THE SOLAR INDUSTRY;
   (B)  BASED  ON  THE  OUTCOME  OF THE STUDY, MAKE RECOMMENDATIONS FOR A
 STATEWIDE PROGRAM, INCLUDING HOW SUCH PROGRAM  WOULD  OPERATE  AND  WHAT
 FUNCTIONS SUCH PROGRAM WOULD PERFORM AND ACCOMPLISH;
   (C)  WAYS  IN  WHICH  TO INCENTIVIZE IN-STATE RECYCLING FACILITIES AND
 OPERATIONS TO EXPAND TO INCLUDE SOLAR PV RECYCLING;
   (D) WAYS IN WHICH TO INCENTIVIZE OUT-OF-STATE  SOLAR  PANEL  RECYCLING
 COMPANIES TO LOCATE FACILITIES IN NEW YORK;
   (E)  RECOMMENDATIONS  FOR  ACTIONS  THE LEGISLATURE OR EXECUTIVE COULD
 TAKE TO INCENTIVIZE SOLAR PANEL RECYCLING; AND
   (F) ANYTHING ELSE THE AUTHORITY DEEMS NECESSARY TO CREATE AN EFFECTIVE
 SOLAR PANEL RECYCLING PROGRAM IN NEW YORK.
   4. THE STUDY AND RECOMMENDATIONS SHALL BE TRANSMITTED TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE
 MINORITY  LEADER  OF THE SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY
 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 32-a to read as follows:
   32-A.  EMPIRE STATE SOLAR PHOTOVOLTAIC PANEL RECYCLING PROGRAM CREDIT.
 (A) ALLOWANCE OF CREDIT. A TAXPAYER WHO IS ELIGIBLE  FOR  THE  EXCELSIOR
 JOBS PROGRAM CREDIT PURSUANT TO SECTION THIRTY-ONE OF THIS CHAPTER SHALL
 BE  ALLOWED  A CREDIT TO BE COMPUTED AS PROVIDED IN SUCH SECTION THIRTY-
 ONE AGAINST THE TAX IMPOSED BY THIS ARTICLE.
   (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
 THAN THE AMOUNT PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF
 S. 4066                             7
 
 SECTION TWO HUNDRED TEN OF THIS ARTICLE.  PROVIDED, HOWEVER, THAT IF THE
 AMOUNT  OF  THE  CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE
 YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE  TAXPAYER  OTHERWISE  PAYS
 TAX  BASED  ON  THE  FIXED  DOLLAR  MINIMUM AMOUNT, FIFTY PERCENT OF THE
 EXCESS SHALL BE TREATED AS AN OVERPAYMENT  OF  TAX  TO  BE  CREDITED  OR
 REFUNDED,  AND  NO  INTEREST  SHALL BE PAID THEREON. THE BALANCE OF SUCH
 CREDIT NOT CREDITED OR REFUNDED IN SUCH TAXABLE YEAR MAY BE A  CARRYOVER
 TO  THE IMMEDIATELY SUCCEEDING TAXABLE YEAR AND MAY BE DEDUCTED FROM THE
 TAXPAYER'S TAX FOR SUCH YEAR. THE EXCESS, IF ANY, OF THE AMOUNT  OF  THE
 CREDIT  OVER  THE  TAX  FOR  SUCH SUCCEEDING YEAR SHALL BE TREATED AS AN
 OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED, NO INTEREST SHALL BE PAID
 THEREON.
   § 3. Paragraphs (m) and (n) of subdivision 1 of  section  353  of  the
 economic development law, as amended by chapter 494 of the laws of 2022,
 are amended and a new paragraph (o) is added to read as follows:
   (m)  as  a  participant  operating  in one of the industries listed in
 paragraphs (a) through (k) of this subdivision and operating or sponsor-
 ing child care services to its employees as  defined  in  section  three
 hundred fifty-two of this article; [or]
   (n) as a Green CHIPS project[.]; OR
   (O)  AS A RECYCLER OF SOLAR PHOTOVOLTAIC PANELS UNDER THE EMPIRE STATE
 SOLAR PHOTOVOLTAIC PANEL RECYCLING PROGRAM.
   § 4. Any provision of any local law or ordinance, or any rule or regu-
 lation promulgated thereto, governing the collection, return or  recycl-
 ing  of  solar  photovoltaic  modules or solar photovoltaic panels shall
 upon the effective date of this act be preempted.
   § 5. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Subdivision 5 of section 7 of part JJJ of chapter 58 of the
 laws of 2020, amending the public service law and other laws relating to
 accelerating the growth of renewable energy facilities to meet  critical
 state energy policy goals, is amended to read as follows:
   5. The legislature finds and determines that timely development of the
 bulk  transmission investments identified in the state bulk transmission
 investment plan is in the public interest of the people of the state  of
 New  York.  The  legislature further finds and determines that the power
 authority of the state of New York ("power authority") owns and operates
 backbone electric transmission assets in  New  York,  has  rights-of-way
 that  can  support  in  whole  or  in  part bulk transmission investment
 projects, and has the financial stability, access to capital,  technical
 expertise  and  experience to effectuate expeditious development of bulk
 transmission investments  needed  to  help  the  state  meet  the  CLCPA
 targets,  and  thus  it is appropriate for the power authority as deemed
 feasible and advisable by its trustees, by itself  or  in  collaboration
 with  other parties as it determines to be appropriate, to develop those
 bulk transmission investments found by the commission to be needed expe-
 ditiously to achieve CLCPA targets ("priority transmission projects").
    THE LEGISLATURE FURTHER FINDS AND DETERMINES, FOLLOWING THE  ISSUANCE
 OF  THE  CLIMATE  SCOPING  PLAN REQUIRED BY THE CLCPA, THAT IT IS IN THE
 PUBLIC INTEREST OF THE PEOPLE OF THE STATE OF NEW  YORK  FOR  THE  POWER
 AUTHORITY  TO  PROPOSE  A  MINIMUM  OF  FOUR  SUCH PRIORITY TRANSMISSION
 PROJECTS BY DECEMBER 21, 2025 TO ADDRESS THE AREAS OF  HIGHEST  NEED  ON
 THE  BULK  TRANSMISSION SYSTEM AND FURTHER FACILITATE THE DEVELOPMENT OF
 RENEWABLE ENERGY PROJECTS IN AREAS WHERE THERE ARE  LIMITATIONS  ON  THE
 S. 4066                             8

 CAPACITY  TO INTERCONNECT NEW POWER GENERATING FACILITIES.  TWO OF THESE
 FOUR PROJECTS SHALL ADDRESS THE LOCATIONS OF HIGHEST NEEDS FOR DEPLOYING
 ADDITIONAL RENEWABLE ENERGY PROJECTS IDENTIFIED BY THE  NEW  YORK  INDE-
 PENDENT  SYSTEM  OPERATOR IN ITS MOST RECENT TWENTY YEAR SYSTEM OUTLOOK.
 TWO OF THE FOUR PROJECTS SHALL PROPOSE GRID INFRASTRUCTURE  UPGRADES  IN
 LOCATIONS  CURRENTLY UNDERSERVED BY THE GRID FOR INTERCONNECTING RENEWA-
 BLE ENERGY PROJECTS, WHERE THERE IS OTHERWISE THE POTENTIAL  TO  DEVELOP
 RENEWABLE  ENERGY  PROJECTS  (TO  ESTABLISH "RENEWABLE ENERGY ZONES") AS
 DETERMINED BY THE POWER AUTHORITY. THE  COMMISSION  SHALL  EXPEDITIOUSLY
 REVIEW AND APPROVE OR REJECT THESE FOUR PROPOSALS.
   The  power authority shall, through a public process, solicit interest
 from potential co-participants in each project it has agreed to  develop
 and  assess  whether any joint development would provide for significant
 additional benefits in achieving the CLCPA targets. The power  authority
 may  thereafter determine to undertake the development of the project on
 its own, or undertake the project jointly with one or more other parties
 on such terms and conditions as the power authority finds to  be  appro-
 priate  and,  notwithstanding  any other law to the contrary, enter into
 such agreements and take such other actions the power  authority  deter-
 mines to be necessary in order to undertake and complete timely develop-
 ment  of the project.  The intent of this act is for the power authority
 to develop priority transmission projects authorized  in  this  subdivi-
 sion.   For priority projects that the authority determines to undertake
 and that are not substantially within  the  power  authority's  existing
 rights  of way, the authority shall, as deemed feasible and advisable by
 its board of trustees, select  private  sector  participants  through  a
 competitive bidding process, provided however that priority transmission
 projects  is  not  intended to include generation lead lines, or repairs
 to, replacement of or upgrades to the power authority's own transmission
 assets.
   TO FOSTER THE CONTINUED DEVELOPMENT OF COMMUNITY SOLAR  IN  NEW  YORK,
 THE  COMMISSION AND THE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHOULD
 DETERMINE A THRESHOLD  FOR  NON-AFFORDABILITY  FOR  THE  INTERCONNECTION
 COSTS  REQUIRED  BY  AN  INVESTOR-OWNED UTILITY. WHEN THE REQUIRED LOCAL
 SYSTEM UPGRADE COSTS FOR INTERCONNECTING A COMMUNITY SOLAR PROJECT OR  A
 GROUP OF COMMUNITY SOLAR PROJECTS ARE ABOVE THE NON-AFFORDABILITY THRES-
 HOLD,  THE POWER AUTHORITY SHALL INTERVENE AND IMPLEMENT A MECHANISM FOR
 PROVIDING LOW INTEREST FINANCING FOR THE COSTS OF LOCAL SYSTEM  UPGRADES
 ABOVE  THE  THRESHOLD  FOR THE DEVELOPER OR DEVELOPERS OF SUCH COMMUNITY
 SOLAR PROJECT OR PROJECTS.
   § 2. This act shall take effect immediately;  provided,  however,  the
 amendments  to  section  7 of part JJJ of chapter 58 of the laws of 2020
 made by section one of this act shall not  affect  the  repeal  of  such
 section and shall expire therewith.
 
                                  PART F
 
   Section  1.    Subdivision 1 of section 11-0535-c of the environmental
 conservation law, as added by section 12 of part JJJ of  chapter  58  of
 the laws of 2020, is amended to read as follows:
   1.  The department is hereby authorized to utilize funds in the endan-
 gered and threatened species mitigation bank fund, established  pursuant
 to  section ninety-nine-hh of the state finance law, AS ADDED BY SECTION
 THIRTEEN OF PART JJJ OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO  THOUSAND
 TWENTY,  OR  IN THE HABITAT CONSERVATION AND ACCESS ACCOUNT, ESTABLISHED
 PURSUANT TO SECTION EIGHTY-THREE-A OF THE STATE  FINANCE  LAW,  for  the
 S. 4066                             9
 
 purposes of implementing an endangered and threatened species mitigation
 plan approved by the department.
   §  2.  This  act shall take effect immediately; provided, however, the
 amendments to section 11-0535-c of the  environmental  conservation  law
 made  by  section  one  of  this act shall not affect the repeal of such
 section and shall expire therewith.
 
                                  PART G
 
   Section 1. Subdivision 1 of section 68 of the public service  law,  as
 amended  by  section  5  of part X of chapter 57 of the laws of 2013, is
 amended to read as follows:
   1. Certificate required. No gas corporation  or  electric  corporation
 shall  begin  construction  of a gas plant or electric plant, EXCEPT FOR
 RENEWABLE ENERGY SYSTEMS AS DEFINED IN SECTION SIXTY-SIX-P OF THIS ARTI-
 CLE OR ENERGY  STORAGE  SYSTEMS  NOT  PAIRED  WITH  ELECTRIC  GENERATION
 SYSTEMS,  without  first  having obtained the permission and approval of
 the commission. No such corporation shall exercise any right  or  privi-
 lege under any franchise hereafter granted, or under any franchise here-
 tofore granted but not heretofore actually exercised, or the exercise of
 which  shall  have  been suspended for more than one year, without first
 having obtained a certificate of public convenience and necessity issued
 by the commission. Before such certificate shall be issued  a  certified
 copy  of the charter of such corporation shall be filed in the office of
 the commission, together with a verified statement of the president  and
 secretary  of the corporation, showing that it has received the required
 consent of the proper municipal authorities. The commission  shall  have
 power  to grant the permission and approval herein specified whenever it
 shall after due hearing determine that such construction or  such  exer-
 cise  of  the  right, privilege or franchise is convenient and necessary
 for the public service. In making such a determination,  the  commission
 shall  consider  the economic feasibility of the corporation, the corpo-
 ration's ability to finance improvements of  a  gas  plant  or  electric
 plant,  render safe, adequate and reliable service, and provide just and
 reasonable rates, and whether issuance of a certificate is in the public
 interest. Except as provided in article fourteen-A of the general munic-
 ipal law, no municipality shall build, maintain and  operate  for  other
 than  municipal  purposes  any  works or systems for the manufacture and
 supplying of gas or electricity for lighting purposes without a  certif-
 icate  of  authority  granted  by  the commission. If the certificate of
 authority is refused, no further proceedings  shall  be  taken  by  such
 municipality  before  the  commission, but a new application may be made
 therefor after one year from the date of such refusal.
   § 2. The closing paragraph of section 69 of the public service law, as
 amended by chapter 222 of the laws  of  1991,  is  amended  to  read  as
 follows:
   A  permission or approval by the public service commission of a merger
 or consolidation shall not be deemed to be an approval of the  value  of
 any  property  or  accounts of any company involved in the merger at the
 time of the merger,  nor  shall  any  such  permission  or  approval  be
 construed  to  be  a certification by the public service commission that
 the bonds and/or capital stock of any such merged,  merging  or  consol-
 idating  corporations  are represented in value by commensurate physical
 assets of such corporations, nor shall such approval be evidence  as  to
 the value of any such property or account in subsequent rate proceedings
 or  before  any court or public body. NO PROVISION OF THIS SECTION SHALL
 S. 4066                            10
 
 APPLY TO ELECTRIC  CORPORATIONS  WHERE  ELECTRICITY  IS  GENERATED  FROM
 RENEWABLE ENERGY SYSTEMS AS DEFINED IN SECTION SIXTY-SIX-P OF THIS ARTI-
 CLE.
   §  3.  Section 70 of the public service law is amended by adding a new
 subdivision 8 to read as follows:
   8. NO PROVISION OF THIS SECTION SHALL APPLY TO  ELECTRIC  CORPORATIONS
 WHERE  ELECTRICITY IS GENERATED FROM RENEWABLE ENERGY SYSTEMS AS DEFINED
 IN SECTION SIXTY-SIX-P OF THIS ARTICLE.
   § 4. This act shall take effect immediately.
 
                                  PART H
 
   Section 1. Legislative findings and declaration. In  2019,  the  state
 enacted  the  historic  New  York state climate leadership and community
 protection act to mitigate the impacts  of  climate  change  and  reduce
 greenhouse  gas  emissions  from  anthropogenic  sources  100% over 1990
 levels by the year 2050. In 2020,  the  state  enacted  the  accelerated
 renewable  energy  growth  and community benefit act, which provided for
 the expedited siting of major renewable energy  facilities  and  related
 transmission.    The legislature hereby finds and declares that to mean-
 ingfully and timely achieve the historic goals mandated in the New  York
 state  climate  leadership and community protection act, and to meet the
 technology-specific  requirements  set  forth  therein,  including   the
 installation   of   wind  and  solar-powered  electric  generation,  the
 construction of new and repowered wind turbines and solar arrays  is  an
 urgent  matter  of great importance to New York. The legislature further
 finds that current  rules,  regulations,  and  policies  addressing  the
 transport  of  large loads on the state highways and the thruway present
 impediments to the efficient transport of  construction  materials  used
 for  these  projects, including large loads such as wind turbines, which
 is inconsistent with the  goals  of  the  accelerated  renewable  energy
 growth  and  community  benefit act. Because of the unprecedented volume
 and size of materials planned for transport, the current rules regarding
 the use of police escorts for the transport of such loads may result  in
 delays,  shortages  of  police  officer  escorts, and retention of truck
 traffic, that may hinder construction of major renewable energy  facili-
 ties. Therefore, it is the intent of this act to supersede any such rule
 or policy, and to allow materials used for the construction of any major
 renewable energy facility to be transported on state highways and on the
 thruway  safely  using  either  a  police  escort, or a private security
 escort.
   § 2. (a) For the purposes of this act, the term "major renewable ener-
 gy facility" shall have the same meaning as defined in  section  137  of
 the public service law.
   (b) Notwithstanding any other law, rule, regulation, or internal poli-
 cy  of any state department, agency, public authority, or public benefit
 corporation, vehicles carrying materials intended for  the  construction
 of any major renewable energy facility, including oversize and superload
 transport  vehicles,  shall  be  permitted  to travel on the thruway and
 state highways, in compliance with the requirements set forth in  subdi-
 vision  (c)  of this section, on any day of the week, including Saturday
 and Sunday.
   (c) Notwithstanding any other law, rule, regulation, or internal poli-
 cy of any state department, agency, public authority, or public  benefit
 corporation,  vehicles  carrying materials intended for the construction
 of any major renewable energy facility, including oversize and superload
 S. 4066                            11
 
 transport vehicles, shall be permitted to travel either  with  a  police
 escort,  including  but  not limited to environmental conservation offi-
 cers, parks police, county sheriff deputies or the  national  guard,  or
 with a private security certified escort vehicle as that term is defined
 in  17  NYCRR 154-1.12. The state shall not bear the cost of any private
 security escort utilized under this section.
   (d) Vehicles carrying materials intended for the construction  of  any
 major renewable energy facility, including oversize and superload trans-
 port  vehicles,  shall  have a certified annual inspection demonstrating
 compliance with all applicable state and  federal  safety  standards  in
 lieu  of  a state police level I full inspection, provided the certified
 inspection is performed within seven calendar  days  of  the  trip,  the
 vehicle  is not subject to commercial use in the interim, and the opera-
 tor of such vehicle makes satisfactory inspection paperwork available to
 the state police, the department  of  transportation,  and  the  thruway
 authority upon request.
   (e)  All  state  departments,  agencies, public authorities, or public
 benefit corporations shall prioritize the permitting  and  requests  for
 approval for such travel for the transport of materials intended for use
 in  a major renewable energy facility. The department of transportation,
 in consultation with the thruway authority and the state  police,  shall
 establish  through regulation a program for the certification of private
 security escorts authorized to escort  vehicles  transporting  materials
 intended for the construction of any major renewable energy facility.
   § 3. This act shall take effect immediately.
 
                                  PART I
 
   Section 1. Paragraph g of subdivision 4 of section 301 of the agricul-
 ture  and markets law, as amended by chapter 445 of the laws of 2002, is
 amended to read as follows:
   g. Land under a structure, INCLUDING, BUT NOT LIMITED TO, PHOTOVOLTAIC
 EQUIPMENT, within OR UNDER which crops, livestock or livestock  products
 are  produced, provided that the sales of such crops, livestock or live-
 stock products meet the gross sales requirements of paragraph f of  this
 subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART J
 
   Section  1.  Paragraph  e  of subdivision 13 of section 75-0103 of the
 environmental conservation law, as added by chapter 106 of the  laws  of
 2019, is amended to read as follows:
   e. Measures to achieve [six] TEN gigawatts of distributed solar energy
 capacity   installed   in   the  state  by  two  thousand  [twenty-five]
 THIRTY-TWO, EIGHTY-FIVE HUNDRED MEGAWATTS OF GRID-SCALE, WHOLESALE SOLAR
 ENERGY  GENERATING  CAPACITY  BY  TWO  THOUSAND  THIRTY-TWO,  FIFTY-FIVE
 HUNDRED  MEGAWATTS  OF LAND-BASED WIND ENERGY GENERATING CAPACITY BY TWO
 THOUSAND THIRTY-TWO, nine gigawatts of offshore wind capacity  installed
 by two thousand [thirty-five] THIRTY-SEVEN, a statewide energy efficien-
 cy goal of one hundred eighty-five trillion British thermal units energy
 reduction from the two thousand [twenty-five] TWENTY-SEVEN forecast; and
 [three]  SIX gigawatts of statewide energy storage capacity by two thou-
 sand [thirty] THIRTY-TWO.
   § 2. Subdivision 5 of section 66-p of the public service law, as added
 by chapter 106 of the laws of 2019, is amended to read as follows:
 S. 4066                            12

   5. No later than July first, two  thousand  [twenty-four]  TWENTY-SIX,
 the  commission  shall  establish programs to require the procurement by
 the state's load serving entities of at least EIGHTY-FIVE HUNDRED  MEGA-
 WATTS  OF  GRID-SCALE, WHOLESALE SOLAR ENERGY GENERATING CAPACITY BY TWO
 THOUSAND  THIRTY-TWO,  FIFTY-FIVE  HUNDRED  MEGAWATTS OF LAND-BASED WIND
 ENERGY GENERATING CAPACITY BY TWO THOUSAND THIRTY-TWO, nine gigawatts of
 offshore wind electricity generation by two thousand [thirty-five] THIR-
 TY-SEVEN and [six] TEN gigawatts of photovoltaic solar generation by two
 thousand [twenty-five] TWENTY-SEVEN, and to support  [three]  SIX  giga-
 watts  of  statewide  energy  storage  capacity by two thousand [thirty]
 THIRTY-TWO.
   § 3. This act shall take effect immediately.
 
                                  PART K
 
   Section 1. Section 1115 of the tax law is amended by  adding  two  new
 subdivisions (mm) and (nn) to read as follows:
   (MM)  THE  FOLLOWING  SHALL BE EXEMPT FROM TAX UNDER THIS ARTICLE: (1)
 RECEIPTS FROM THE RETAIL SALE OF, AND CONSIDERATION GIVEN OR  CONTRACTED
 TO  BE  GIVEN FOR, OR FOR THE USE OF, RESIDENTIAL ENERGY STORAGE SYSTEMS
 EQUIPMENT AND THE COSTS OF INSTALLING SUCH SYSTEMS. FOR THE PURPOSES  OF
 THIS  SUBDIVISION,  "RESIDENTIAL ENERGY STORAGE SYSTEMS EQUIPMENT" SHALL
 MEAN AN ARRANGEMENT OR COMBINATION OF COMPONENTS INSTALLED  IN  A  RESI-
 DENCE  THAT  STORES ELECTRICITY FOR USE AT A LATER TIME TO PROVIDE HEAT-
 ING, COOLING, HOT WATER AND/OR ELECTRICITY.
   (2) RECEIPTS FROM THE  SALE  OF  ELECTRICITY  BY  A  PERSON  PRIMARILY
 ENGAGED  IN THE SALE OF ENERGY STORAGE SYSTEM EQUIPMENT AND/OR ELECTRIC-
 ITY GENERATED BY SUCH EQUIPMENT PURSUANT TO A  WRITTEN  AGREEMENT  UNDER
 WHICH SUCH ELECTRICITY IS GENERATED BY RESIDENTIAL ENERGY SYSTEM STORAGE
 EQUIPMENT  THAT  IS:   (A) OWNED BY A PERSON OTHER THAN THE PURCHASER OF
 SUCH ELECTRICITY; (B) INSTALLED ON RESIDENTIAL PROPERTY OF THE PURCHASER
 OF SUCH ELECTRICITY; AND (C) USED TO PROVIDE HEATING, COOLING, HOT WATER
 OR ELECTRICITY.
   (NN) THE FOLLOWING SHALL BE EXEMPT FROM TAX UNDER  THIS  ARTICLE:  (1)
 RECEIPTS  FROM THE RETAIL SALE OF, AND CONSIDERATION GIVEN OR CONTRACTED
 TO BE GIVEN FOR, OR FOR THE USE OF, COMMERCIAL  ENERGY  STORAGE  SYSTEMS
 EQUIPMENT  AND THE COSTS OF INSTALLING SUCH SYSTEMS. FOR THE PURPOSES OF
 THIS SUBDIVISION, "COMMERCIAL ENERGY STORAGE  SYSTEMS  EQUIPMENT"  SHALL
 MEAN  AN ARRANGEMENT OR COMBINATION OF COMPONENTS INSTALLED UPON NON-RE-
 SIDENTIAL PREMISES THAT STORES ELECTRICITY FOR USE AT A  LATER  TIME  TO
 PROVIDE HEATING, COOLING, HOT WATER AND/OR ELECTRICITY.
   (2)  RECEIPTS  FROM  THE  SALE  OF  ELECTRICITY  BY A PERSON PRIMARILY
 ENGAGED IN THE SALE OF ENERGY STORAGE SYSTEM EQUIPMENT AND/OR  ELECTRIC-
 ITY  GENERATED  BY  SUCH EQUIPMENT PURSUANT TO A WRITTEN AGREEMENT UNDER
 WHICH THE ELECTRICITY IS GENERATED BY COMMERCIAL ENERGY SYSTEM EQUIPMENT
 THAT IS: (A) OWNED BY A PERSON OTHER THAN THE PURCHASER  OF  SUCH  ELEC-
 TRICITY;  (B) INSTALLED ON THE NON-RESIDENTIAL PREMISES OF THE PURCHASER
 OF SUCH ELECTRICITY; AND (C) USED TO PROVIDE HEATING, COOLING, HOT WATER
 OR ELECTRICITY TO SUCH PREMISES.
   § 2. Paragraph 1 of subdivision (a) of section 1210 of the tax law, as
 amended by section 5 of part J of chapter 59 of the  laws  of  2021,  is
 amended to read as follows:
   (1) Either, all of the taxes described in article twenty-eight of this
 chapter,  at  the same uniform rate, as to which taxes all provisions of
 the local laws, ordinances or resolutions imposing such taxes  shall  be
 identical,  except as to rate and except as otherwise provided, with the
 S. 4066                            13
 
 corresponding provisions in such  article  twenty-eight,  including  the
 definition  and  exemption  provisions  of  such  article, so far as the
 provisions of such article twenty-eight can be made  applicable  to  the
 taxes  imposed  by  such  city  or  county and with such limitations and
 special provisions as are set forth in this article. The  taxes  author-
 ized  under  this  subdivision  may  not  be imposed by a city or county
 unless the local law, ordinance or resolution imposes such taxes  so  as
 to  include  all  portions  and all types of receipts, charges or rents,
 subject to state tax under  sections  eleven  hundred  five  and  eleven
 hundred  ten  of  this  chapter, except as otherwise provided.  Notwith-
 standing the foregoing, a tax imposed by a  city  or  county  authorized
 under  this subdivision shall not include the tax imposed on charges for
 admission to race tracks and simulcast facilities under subdivision  (f)
 of section eleven hundred five of this chapter. (i) Any local law, ordi-
 nance  or  resolution enacted by any city of less than one million or by
 any county or school district, imposing the  taxes  authorized  by  this
 subdivision,  shall, notwithstanding any provision of law to the contra-
 ry, exclude from the operation of such local taxes all sales of tangible
 personal property for use or consumption directly and  predominantly  in
 the  production of tangible personal property, gas, electricity, refrig-
 eration or steam, for sale, by  manufacturing,  processing,  generating,
 assembly,  refining,  mining  or  extracting;  and all sales of tangible
 personal property for use or consumption  predominantly  either  in  the
 production  of  tangible personal property, for sale, by farming or in a
 commercial horse boarding operation, or in both; and all sales  of  fuel
 sold  for use in commercial aircraft and general aviation aircraft; and,
 unless such city, county or school district elects otherwise, shall omit
 the provision for credit or refund contained in clause six  of  subdivi-
 sion  (a)  or subdivision (d) of section eleven hundred nineteen of this
 chapter. (ii) Any local law, ordinance  or  resolution  enacted  by  any
 city,  county  or school district, imposing the taxes authorized by this
 subdivision, shall omit the residential solar energy  systems  equipment
 and  electricity exemption provided for in subdivision (ee), the commer-
 cial solar energy systems equipment and electricity  exemption  provided
 for in subdivision (ii), the commercial fuel cell electricity generating
 systems  equipment and electricity generated by such equipment exemption
 provided for in subdivision (kk), THE RESIDENTIAL ENERGY STORAGE SYSTEMS
 EQUIPMENT AND ELECTRICITY EXEMPTION PROVIDED FOR  IN  SUBDIVISION  (MM),
 THE   COMMERCIAL   ENERGY  STORAGE  SYSTEMS  EQUIPMENT  AND  ELECTRICITY
 EXEMPTION PROVIDED FOR IN SUBDIVISION (NN) and the clothing and footwear
 exemption provided for in paragraph thirty of subdivision (a) of section
 eleven hundred fifteen of this chapter,  unless  such  city,  county  or
 school  district  elects  otherwise  as to such residential solar energy
 systems equipment and electricity exemption, such commercial solar ener-
 gy systems equipment and electricity  exemption,  commercial  fuel  cell
 electricity  generating  systems  equipment and electricity generated by
 such equipment exemption or such clothing and footwear exemption.
   § 3. Subdivision (d) of section 1210 of the tax  law,  as  amended  by
 section  4  of  part WW of chapter 60 of the laws of 2016, is amended to
 read as follows:
   (d) A local law, ordinance or resolution imposing any tax pursuant  to
 this  section,  increasing or decreasing the rate of such tax, repealing
 or suspending such tax, exempting from such tax the energy  sources  and
 services  described in paragraph three of subdivision (a) or of subdivi-
 sion (b) of this section or changing the rate of  tax  imposed  on  such
 energy  sources  and  services  or  providing  for  the credit or refund
 S. 4066                            14
 
 described in [clause] PARAGRAPH six of subdivision (a) of section eleven
 hundred nineteen of this chapter, or electing or repealing the exemption
 for residential solar equipment and electricity in subdivision  (ee)  of
 section  eleven  hundred  fifteen  of this article, or the exemption for
 commercial solar  equipment  and  electricity  in  subdivision  (ii)  of
 section eleven hundred fifteen of this article, or electing or repealing
 the  exemption  for  commercial fuel cell electricity generating systems
 equipment and electricity generated by  such  equipment  in  subdivision
 (kk) of section eleven hundred fifteen of this article, OR THE EXEMPTION
 FOR  RESIDENTIAL  ENERGY STORAGE EQUIPMENT OR ELECTRICITY IN SUBDIVISION
 (MM) OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS ARTICLE, OR THE EXEMPTION
 FOR COMMERCIAL ENERGY STORAGE EQUIPMENT AND ELECTRICITY  IN  SUBDIVISION
 (NN)  OF  SECTION  ELEVEN  HUNDRED  FIFTEEN OF THIS ARTICLE must go into
 effect only on one of the following  dates:  March  first,  June  first,
 September first or December first; provided, that a local law, ordinance
 or  resolution providing for the exemption described in paragraph thirty
 of subdivision (a) of section eleven hundred fifteen of this chapter  or
 repealing  any  such  exemption  or a local law, ordinance or resolution
 providing for a refund or credit described in subdivision (d) of section
 eleven hundred nineteen of this chapter or repealing such  provision  so
 provided  must  go  into  effect only on March first. No such local law,
 ordinance or resolution shall be effective unless a  certified  copy  of
 such  law,  ordinance or resolution is mailed by registered or certified
 mail to the commissioner at the commissioner's office in Albany at least
 ninety days prior to the date it is to become  effective.  However,  the
 commissioner  may  waive  and  reduce  such  ninety-day  minimum  notice
 requirement to a mailing of such certified copy by registered or  certi-
 fied  mail  within  a  period of not less than thirty days prior to such
 effective date if the commissioner deems such action  to  be  consistent
 with  the  commissioner's  duties  under section twelve hundred fifty of
 this  article  and  the  commissioner  acts  by  resolution.  Where  the
 restriction  provided for in section twelve hundred twenty-three of this
 article as to the effective date of a tax  and  the  notice  requirement
 provided  for  therein  are  applicable  and  have  not been waived, the
 restriction and notice requirement in  section  twelve  hundred  twenty-
 three of this article shall also apply.
   § 4. This act shall take effect immediately.

                                  PART L
 
   Section 1. Subsection (g-1) of section 606 of the tax law,  as amended
 by  chapter  378  of the laws of 2005,  paragraphs 1 and 2 as amended by
 chapter 375 of the laws of 2012, paragraph 3 as amended, paragraph 5  as
 added,  and  paragraphs  6,  7 and 8 as renumbered by chapter 128 of the
 laws of 2007, is amended to read as follows:
   (g-1) Solar energy system equipment credit. (1) General. An individual
 taxpayer shall be allowed a credit against the tax imposed by this arti-
 cle equal to twenty-five percent of qualified solar energy system equip-
 ment expenditures, except as provided in subparagraph (D)  of  paragraph
 two  of  this  subsection.  This  credit shall not exceed three thousand
 seven hundred fifty dollars for qualified solar energy equipment  placed
 in service before September first, two thousand six, [and] five thousand
 dollars  for  qualified  solar  energy equipment placed in service on or
 after September first, two thousand six  AND  BEFORE  APRIL  FIRST,  TWO
 THOUSAND TWENTY-FIVE, AND TEN THOUSAND DOLLARS FOR QUALIFIED SOLAR ENER-
 S. 4066                            15
 
 GY  EQUIPMENT  PLACED  IN  SERVICE ON OR AFTER APRIL FIRST, TWO THOUSAND
 TWENTY-FIVE.
   (2) Qualified solar energy system equipment expenditures. (A) The term
 "qualified  solar  energy  system equipment expenditures" means expendi-
 tures for:
   (i) the purchase of solar energy system equipment which  is  installed
 in  connection  with  residential  property which is (I) located in this
 state and (II) which is used by  the  taxpayer  as  [his  or  her]  SUCH
 TAXPAYER'S  principal  residence  at  the  time  the solar energy system
 equipment is placed in service;
   (ii) the lease of solar energy system equipment under a written agree-
 ment that spans at least ten years  where  such  equipment  owned  by  a
 person  other than the taxpayer is installed in connection with residen-
 tial property which is (I) located in this state and (II) which is  used
 by  the  taxpayer as [his or her] SUCH TAXPAYER'S principal residence at
 the time the solar energy system equipment is placed in service; or
   (iii) the purchase of power under a written agreement  that  spans  at
 least  ten  years  whereunder  the power purchased is generated by solar
 energy system equipment owned by a person other than the taxpayer  which
 is  installed  in  connection  with  residential  property  which is (I)
 located in this state and (II) which is used by the taxpayer as [his  or
 her]  SUCH TAXPAYER'S   principal residence at the time the solar energy
 system equipment is placed in service.
   (B) Such qualified expenditures shall include expenditures for materi-
 als, labor costs properly allocable to on-site preparation, assembly and
 original  installation,  architectural  and  engineering  services,  and
 designs  and  plans directly related to the construction or installation
 of the solar energy system equipment.
   (C) Such qualified expenditures  for  the  purchase  of  solar  energy
 system equipment shall not include interest or other finance charges.
   (D)  Such  qualified expenditures for the lease of solar energy system
 equipment or the purchase of  power  under  an  agreement  described  in
 clauses  (ii)  or  (iii)  of  subparagraph  (A)  of this paragraph shall
 include an amount equal to all payments made  during  the  taxable  year
 under  such  agreement.  Provided,  however,  such credits shall only be
 allowed for fourteen years after the first taxable year  in  which  such
 credit  is  allowed.  Provided further, however, the twenty-five percent
 limitation in paragraph one of this subsection shall only apply  to  the
 total  aggregate amount of all payments to be made pursuant to an agree-
 ment referenced in clauses (ii) or (iii) of  subparagraph  (A)  of  this
 paragraph,  and  shall  not  apply  to individual payments made during a
 taxable year under such agreement except to the extent  such  limitation
 on an aggregate basis has been reached.
   (3)  Solar  energy  system  equipment.  The  term "solar energy system
 equipment" shall  mean  an  arrangement  or  combination  of  components
 utilizing solar radiation, which, when installed in a residence, produc-
 es  AND STORES energy designed to provide heating, cooling, hot water or
 electricity for use in such residence. Such  arrangement  or  components
 shall  not  include equipment connected to solar energy system equipment
 that is a component of part or parts of a  non-solar  energy  system  or
 which  uses  any sort of recreational facility or equipment as a storage
 medium. Solar energy system equipment that generates  AND  STORES  elec-
 tricity  for  use in a residence must conform to applicable requirements
 set forth in section sixty-six-j of the public  service  law.  Provided,
 however,  where solar energy system equipment is purchased and installed
 by a condominium management association or a cooperative housing  corpo-
 S. 4066                            16
 
 ration,  for  purposes of this subsection only, the term "ten kilowatts"
 in such section sixty-six-j shall be read  as  ["fifty]  "TEN  kilowatts
 MULTIPLIED  BY  THE NUMBER OF OWNER-OCCUPIED UNITS IN THE COOPERATIVE OR
 CONDOMINIUM MANAGEMENT ASSOCIATION."
   (4)  Multiple  taxpayers.  Where  solar  energy  system  equipment  is
 purchased and installed in a principal residence shared by two  or  more
 taxpayers,  the amount of the credit allowable under this subsection for
 each such taxpayer shall be prorated according to the percentage of  the
 total  expenditure for such solar energy system equipment contributed by
 each taxpayer.
   (5) Proportionate  share.  Where  solar  energy  system  equipment  is
 purchased  and  installed  by  a condominium management association or a
 cooperative housing corporation, a taxpayer  who  is  a  member  of  the
 condominium management association or who is a tenant-stockholder in the
 cooperative  housing  corporation may for the purpose of this subsection
 claim a proportionate share of the total expense as the expenditure  for
 the purposes of the credit attributable to [his] SUCH TAXPAYER'S princi-
 pal residence.
   (6)  Grants. For purposes of determining the amount of the expenditure
 incurred in purchasing and installing solar energy system equipment, the
 amount of any federal, state or local grant received  by  the  taxpayer,
 which  was  used  for the purchase and/or installation of such equipment
 and which was not included in the federal gross income of the  taxpayer,
 shall not be included in the amount of such expenditures.
   (7)    When  credit  allowed.  The credit provided for herein shall be
 allowed with respect to the  taxable  year,  commencing  after  nineteen
 hundred  ninety-seven,  in  which  the  solar energy system equipment is
 placed in service.
   (8) Carryover of credit. If the amount of the credit,  and  carryovers
 of  such  credit,  allowable  under this subsection for any taxable year
 shall exceed the taxpayer's tax for such year, such excess amount may be
 carried over to the five taxable years next following the  taxable  year
 with respect to which the credit is allowed and may be deducted from the
 taxpayer's tax for such year or years. FOR TAXABLE YEARS BEGINNING ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX, IF THE AMOUNT OF THE CRED-
 IT  ALLOWABLE  UNDER  THIS  SUBSECTION  SHALL  EXCEED THE TAXPAYER'S TAX
 LIABILITY FOR SUCH YEAR, AND THE TAXPAYER MEETS THE DEFINITION  OF  LOW-
 TO-MODERATE  INCOME  OR RESIDES IN A DISADVANTAGED COMMUNITY, AS IDENTI-
 FIED PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION  LAW,
 THE  EXCESS  SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
 REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHT-
 Y-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID
 THEREON.
   § 2.  This act shall take effect immediately.
 
                                  PART M
 
   Section  1. This act shall be known and may be cited as the "solar for
 all homes and businesses act of 2025".
   § 2. Section 11-102 of the energy law is amended  by  adding  ten  new
 subdivisions,  3-a,  7-a,  7-b,  10-a,  12-a, 13-a, 15-a, 15-b, 15-c and
 15-d, to read as follows:
   3-A. "BOARD." THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL.
   7-A. "DEVELOPER." ANY PERSON OR COMPANY THAT CONSTRUCTS RESIDENTIAL OR
 COMMERCIAL BUILDINGS.
 S. 4066                            17
 
   7-B. "EFFECTIVE SOLAR AREA." THE PORTION OF A BUILDING ROOF  ON  WHICH
 THE  OUTPUT FROM A SOLAR ENERGY SYSTEM, TAKING INTO ACCOUNT SHADING FROM
 EXISTING PERMANENT NATURAL OR MANMADE BARRIERS EXTERNAL TO THE  BUILDING
 (INCLUDING  BUT  NOT  LIMITED TO TREES, HILLS, AND ADJACENT STRUCTURES),
 WOULD  BE  EQUIVALENT  TO SEVENTY PERCENT OR GREATER OF THE OUTPUT OF AN
 UNSHADED SOLAR ENERGY SYSTEM ON AN ANNUAL BASIS.
   10-A. "LARGE COMMERCIAL BUILDING." A COMMERCIAL BUILDING OF TEN  THOU-
 SAND OR MORE SQUARE FEET OF GROSS FLOOR AREA.
   12-A.  "MULTI-FAMILY DWELLING." A BUILDING INTENDED TO BE INHABITED AS
 A PRIMARY OR SECONDARY RESIDENCE BY MULTIPLE INDIVIDUALS  OR  GROUPS  OF
 INDIVIDUALS LIVING IN SEPARATE APARTMENTS.
   13-A.  "NEW BUILDING." ANY NEWLY CONSTRUCTED RESIDENTIAL OR COMMERCIAL
 BUILDING THAT REQUIRES A BUILDING PERMIT TO PROCEED.
   15-A. "SINGLE-FAMILY DWELLING." A BUILDING INTENDED TO BE INHABITED AS
 A PRIMARY OR SECONDARY RESIDENCE BY ONE INDIVIDUAL OR GROUP OF  INDIVID-
 UALS.
   15-B.  "SOLAR  ENERGY  SYSTEM."  ANY SOLAR PHOTOVOLTAIC SYSTEM THAT IS
 INSTALLED ON SITE AND USES SOLAR ENERGY TO PROVIDE ALL OR A  PORTION  OF
 THE ELECTRICAL NEEDS OF A RESIDENTIAL OR COMMERCIAL BUILDING.
   15-C.  "SOLAR  HOT WATER HEATER." ANY SYSTEM THAT USES SOLAR ENERGY TO
 HEAT WATER FOR USE IN A RESIDENTIAL OR COMMERCIAL BUILDING.
   15-D. "SUBSTITUTE RENEWABLE  ENERGY  SYSTEM."  ANY  SYSTEM  THAT  USES
 RENEWABLE ENERGY RESOURCES OTHER THAN SOLAR ENERGY TO PROVIDE FOR ALL OR
 A  PORTION OF THE ELECTRICAL NEEDS OF A RESIDENTIAL OR COMMERCIAL BUILD-
 ING; PROVIDED, THAT A RENEWABLE ENERGY SYSTEM  SHALL  USE  A  TECHNOLOGY
 ELIGIBLE FOR THE RENEWABLE ENERGY STANDARD UNDER PARAGRAPH (G) OF SUBDI-
 VISION  TWENTY-SEVEN OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORI-
 TIES LAW.
   § 3. Section 11-103 of the energy law, as amended by  chapter  292  of
 the laws of 1998, subdivision 1 as amended by chapter 560 of the laws of
 2010,  paragraph  (b)  of  subdivision 1 and subdivision 2 as amended by
 chapter 374 of the laws of 2022, and subdivision 3 as amended by section
 27 of part O of chapter 58 of the laws of 2024, is amended  to  read  as
 follows:
   §   11-103.   Applications.  1.  (a)  The  state  energy  conservation
 construction code adopted by the [state  fire  prevention  and  building
 code  council]  BOARD and consisting of a building energy code for resi-
 dential buildings throughout the state and a building  energy  code  for
 commercial  buildings throughout the state is continued until amended or
 a new code is adopted and effective.
   (b) The code shall apply to the construction of any new building.  The
 code shall also apply to an addition to, and alteration of, any existing
 building  or building system; provided, however, that the code shall not
 be interpreted to require any unaltered portion of the existing building
 or building system to comply with the code. The code shall be subject to
 such other exceptions as may be adopted by the  [state  fire  prevention
 and building code council] BOARD provided that such exceptions shall not
 prevent  the  attainment  of  the  compliance goals set forth in section
 410(2)(c) of the American Recovery and Reinvestment Act of 2009.
   2. (a) The [state fire prevention and building code council] BOARD  is
 authorized,  from  time  to  time as it deems appropriate and consistent
 with the purposes of this article, to review  and  amend  the  code,  or
 adopt  a  new code, through rules and regulations provided that the code
 remains cost effective with respect  to  building  construction  in  the
 state. In determining whether the code remains cost effective, the [code
 council]  BOARD  shall  consider  (i) whether the life-cycle costs for a
 S. 4066                            18
 
 building will be recovered through savings  in  energy  costs  over  the
 design  life  of the building under a life-cycle cost analysis performed
 under methodology as established by the New York state  energy  research
 and  development authority in regulations which may be updated from time
 to time, and (ii) secondary or societal effects, such as  reductions  in
 greenhouse  gas emissions, as defined in regulations. Before publication
 of a notice of proposed rule  making  establishing  the  methodology  or
 defining  secondary  or societal effects, the president of the authority
 shall conduct public meetings to provide  meaningful  opportunities  for
 public  comment  from  all  segments  of  the  population  that would be
 impacted by the regulations, including persons living  in  disadvantaged
 communities  as  identified  by the climate justice working group estab-
 lished under section 75-0111 of the environmental conservation law.  For
 residential buildings, the code shall  meet  or  exceed  the  then  most
 recently  published  International  Energy Conservation Code, or achieve
 equivalent or greater energy savings; and for commercial buildings,  the
 code  shall meet or exceed the then most recently published ASHRAE 90.1,
 or achieve equivalent or greater energy savings.
   (b) When adopting the first amended version of the code next following
 the effective date of [the] chapter THREE HUNDRED  SEVENTY-FOUR  of  the
 laws  of  two  thousand  twenty-two  [that added this paragraph] and any
 subsequent codes, the [state fire prevention and building code  council]
 BOARD  shall  use  its  best efforts to adopt provisions for residential
 buildings that  achieve  energy  savings  greater  than  energy  savings
 achieved  by  the  then  most  recently  published  International Energy
 Conservation Code and to adopt provisions for commercial buildings  that
 achieve  energy savings greater than energy savings achieved by the then
 most recently published ASHRAE 90.1, both at levels recommended  by  the
 New  York state energy research and development authority, provided that
 the [state fire prevention and building code council]  BOARD  determines
 that  such  advanced  energy savings can be achieved while still meeting
 the cost effectiveness considerations contemplated by this subdivision.
   3. Notwithstanding  any  other  provision  of  law,  the  [state  fire
 prevention  and  building  code  council]  BOARD  in accordance with the
 mandate under this article shall have exclusive  authority  among  state
 agencies  to promulgate a construction code incorporating energy conser-
 vation features and clean energy features applicable to the construction
 of any building, including but not limited to greenhouse gas  reduction.
 Any  other code, rule or regulation heretofore promulgated or enacted by
 any other state agency, incorporating specific energy  conservation  and
 clean  energy  requirements applicable to the construction of any build-
 ing, shall be superseded  by  the  code  promulgated  pursuant  to  this
 section.    Notwithstanding the foregoing, nothing in this section shall
 be deemed to expand the powers of the [council] BOARD to include matters
 that are exclusively within the statutory  jurisdiction  of  the  public
 service  commission,  the  department  of environmental conservation, or
 another state entity.
   4. The secretary of state is authorized to issue  written  interpreta-
 tions  of  the  code  upon  written request of a permit applicant or the
 official responsible for  the  administration  and  enforcement  of  the
 provisions  of  the  code.  Subsequent  enforcement of the code shall be
 consistent with such written interpretations.
   § 4. Subdivision three of section 11-103 of the energy law, as amended
 by chapter 374 of the laws of 2022, is amended to read as follows:
   3. Notwithstanding  any  other  provision  of  law,  the  [state  fire
 prevention  and  building  code  council]  BOARD  in accordance with the
 S. 4066                            19
 
 mandate under this article shall have exclusive  authority  among  state
 agencies  to promulgate a construction code incorporating energy conser-
 vation features and clean energy features applicable to the construction
 of  any building, including but not limited to greenhouse gas reduction.
 Any other code, rule or regulation heretofore promulgated or enacted  by
 any  other  state agency, incorporating specific energy conservation and
 clean energy requirements applicable to the construction of  any  build-
 ing,  shall  be  superseded  by  the  code  promulgated pursuant to this
 section.  Notwithstanding the foregoing, nothing in this  section  shall
 be deemed to expand the powers of the [council] BOARD to include matters
 that  are  exclusively  within  the statutory jurisdiction of the public
 service commission, the department of  environmental  conservation,  the
 office of renewable energy siting or another state entity.
   §  5. Subdivision 5 of section 11-104 of the energy law, as amended by
 chapter 374 of the laws of 2022, is amended to read as follows:
   5. The [state fire prevention and building  code  council]  BOARD,  in
 consultation  with  the  commissioner of the department of parks, recre-
 ation and historic preservation, is authorized to  adopt  exemptions  to
 such  uniform  standards  and  requirements  for  historic  buildings as
 defined in section 11-102 of  this  article,  to  the  extent  that  the
 uniform  standards  and requirements would threaten, degrade, or destroy
 the historic form, fabric, or function of such historic buildings.
   § 6. Section 11-105 of the energy law, as amended by  chapter  560  of
 the laws of 2010, is amended to read as follows:
   § 11-105. Limitation of application. Notwithstanding the provisions of
 subdivision  one  of  section  11-103  of  this article, the [state fire
 prevention and building code council] BOARD, by  regulation,  may  limit
 the  application  of any portion of the code so as to include or exclude
 classes or types of buildings, according to the use thereof or the  cost
 effectiveness  of  the  code  with  respect to any such class or type of
 building, or according to any other distinction as  may  make  differen-
 tiation  or  separate  classification or regulation necessary, proper or
 desirable, provided however, that such  limitation:  (1)  is  consistent
 with  the purposes of this article and the criteria set forth in section
 11-104 of this article, (2) does not render the code  inconsistent  with
 the  energy savings requirements of subdivision two of section 11-103 of
 this article, and (3) whether considered  individually  or  collectively
 with  other  limitations, will not prevent the attainment of the compli-
 ance goals set forth in section 410(2)(c) of the American  Recovery  and
 Reinvestment Act of 2009.
   §  7. Subdivision 2 of section 11-109 of the energy law, as amended by
 chapter 560 of the laws of 2010, is amended to read as follows:
   2.  Any  municipality  which  adopts  a  local   energy   conservation
 construction  code  in accordance with this section shall file a copy of
 such code and any amendments or revisions thereof with the  [state  fire
 prevention  and  building  code  council] BOARD within thirty days after
 promulgation or adoption  of  such  local  code  or  any  amendments  or
 revisions thereof. If the municipality files such copy within such thir-
 ty day time period, the municipality may enforce such local code, amend-
 ment  or revision until and unless the [state fire prevention and build-
 ing code council] BOARD shall determine that such local code,  amendment
 or  revision  is not more restrictive than the code. If the municipality
 fails to file such copy within such thirty day time period, the  munici-
 pality  may not enforce such local code, amendment or revision until and
 unless the [state fire prevention and building code council] BOARD shall
 S. 4066                            20
 
 determine that such local code, amendment or revision is  more  restric-
 tive than the code.
   §  8. The energy law is amended by adding a new section 11-111 to read
 as follows:
   § 11-111.  SOLAR REQUIREMENTS FOR NEW BUILDINGS. 1. ALL NEW  BUILDINGS
 SHALL  BE BUILT TO ACCOMMODATE THE INSTALLATION OF A SOLAR ENERGY SYSTEM
 ON THEIR ROOFS. THE BOARD SHALL DEVELOP  AND  ADOPT  AMENDMENTS  TO  THE
 STATE  BUILDING  CODE  WITHIN  ONE  YEAR  OF  THE EFFECTIVE DATE OF THIS
 SECTION TO ESTABLISH  MINIMUM  STANDARDS  THAT  SHALL  BE  MET  FOR  NEW
 CONSTRUCTION TO ACCOMMODATE A SOLAR ENERGY SYSTEM.
   2.  IN  DRAFTING  THE AMENDMENTS TO THE BUILDING CODE, THE BOARD SHALL
 TAKE INTO ACCOUNT EXISTING BUILDING  CODE  REQUIREMENTS  AND  COMPLIANCE
 COSTS.    THE  BOARD  SHALL ALSO CONSULT WITH SCIENTISTS, ENGINEERS, AND
 PROFESSIONAL SOCIETIES WITH RELEVANT EXPERTISE IN SOLAR  ENERGY  SYSTEMS
 AND BUILDING CONSTRUCTION.
   3. AT A MINIMUM, THE BOARD SHALL INCLUDE REQUIREMENTS FOR:
   (A)  STATIC  LOAD ROOF STRENGTH, WITH A REQUIREMENT THAT ROOFING WHERE
 SOLAR EQUIPMENT COULD BE PLACED BE CAPABLE OF SUPPORTING  A  MINIMUM  OF
 SIX POUNDS PER SQUARE FOOT;
   (B)  PLACEMENT  OF  NON-SOLAR  RELATED  ROOFTOP EQUIPMENT, TAKING INTO
 ACCOUNT POSITIONING THAT AVOIDS SHADING OF SOLAR EQUIPMENT AND MAXIMIZA-
 TION OF CONTINUOUS ROOF SPACE;
   (C) SIZING AND PROVISION OF EXTRA ELECTRICAL PANELS TO ACCOMMODATE THE
 ADDITION OF AN APPROPRIATELY SIZED FUTURE SOLAR ENERGY SYSTEM; AND
   (D) PROVISION OF SPACE FOR A SOLAR ENERGY SYSTEM DC-AC INVERTER IN THE
 UTILITY ROOM OR ON AN OUTSIDE WALL.
   4. THE BOARD SHALL ALSO CONSIDER INCLUDING REQUIREMENTS FOR:
   (A) ROOF ORIENTATION AND ANGLE;
   (B) ROOF TYPES THAT ARE COMPATIBLE WITH A SOLAR INSTALLATION  MOUNTING
 STRATEGY THAT WILL REQUIRE MINIMAL OR NO ROOF PENETRATIONS; AND
   (C) A CONDUIT FOR WIRING FROM ROOF TO ELECTRIC PANEL.
   5. TO THE EXTENT NECESSARY, THE BOARD SHALL PROMULGATE SEPARATE STAND-
 ARDS FOR RESIDENTIAL AND COMMERCIAL BUILDINGS AND FOR DIFFERENT BUILDING
 TYPES AND OCCUPANCIES.
   6.  IN  DEVELOPING THESE REGULATIONS, THE BOARD SHALL CONSULT WITH THE
 NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND OTHER STATE
 AGENCIES WITH RELEVANT EXPERTISE.
   § 9. The energy law is amended by adding a new section 11-112 to  read
 as follows:
   § 11-112.  SPECIFIC SOLAR REQUIREMENTS FOR NEW BUILDINGS. 1. THE BOARD
 SHALL DEVELOP AND ADOPT AMENDMENTS TO THE STATE BUILDING CODE WITHIN ONE
 YEAR FROM THE EFFECTIVE DATE OF THIS SECTION TO AMEND THE STATE BUILDING
 CODE  TO REQUIRE CERTAIN TYPES OF NEW CONSTRUCTION, AS SPECIFIED IN THIS
 SECTION, TO HAVE A SOLAR ENERGY SYSTEM.
   2. SINGLE-FAMILY DWELLINGS SHALL HAVE A SOLAR ENERGY SYSTEM  PRODUCING
 SUFFICIENT ELECTRICITY ON AN ANNUAL BASIS TO MEET ONE HUNDRED PERCENT OF
 THE  ESTIMATED AVERAGE ANNUAL ELECTRICITY DEMAND OF DWELLINGS OF A SIMI-
 LAR SIZE AND TYPE.
   3. MULTI-FAMILY DWELLINGS AND LARGE COMMERCIAL  BUILDINGS  UP  TO  TEN
 STORIES  IN HEIGHT SHALL HAVE A SOLAR ENERGY SYSTEM PRODUCING SUFFICIENT
 ELECTRICITY ON AN ANNUAL BASIS TO MEET MINIMUM STANDARDS ESTABLISHED  BY
 THE BOARD, WHICH MAY BE BASED ON THE SIZE OF THE ROOF, BUILDING TYPE AND
 OCCUPANCY,  ESTIMATED  AVERAGE  ANNUAL ELECTRICITY USE OF SIMILAR BUILD-
 INGS, OR OTHER FACTORS.
 S. 4066                            21
 
   4. THE BOARD MAY REQUIRE OTHER CATEGORIES OF NEW CONSTRUCTION OR RENO-
 VATED BUILDINGS TO HAVE A SOLAR ENERGY SYSTEM, AND SET MINIMUM STANDARDS
 FOR THE GENERATING CAPACITY OF THE SOLAR ENERGY SYSTEM.
   5.  THE  BOARD  MAY REDUCE THE REQUIRED MINIMUM GENERATING CAPACITY OF
 SOLAR ENERGY SYSTEMS FOR SINGLE-FAMILY AND MULTI-FAMILY DWELLINGS BY  UP
 TO  TWENTY-FIVE PERCENT IF INSTALLED IN CONJUNCTION WITH A BATTERY STOR-
 AGE SYSTEM WITH A MINIMUM CAPACITY OF 7.5  KILOWATT-HOURS  PER  DWELLING
 UNIT.
   6.  THE  BOARD SHALL DETERMINE THE AVERAGE ANNUAL ELECTRICITY CONSUMP-
 TION FOR THE TYPES OF BUILDINGS DESCRIBED IN THIS SECTION AND REVISE ITS
 DETERMINATION AT LEAST EVERY THREE YEARS, TAKING INTO ACCOUNT CHANGES IN
 ELECTRICITY CONSUMPTION DUE TO ENERGY EFFICIENCY IMPROVEMENTS,  ELECTRIC
 VEHICLE  CHARGING,  AIR SOURCE HEAT PUMPS AND OTHER ELECTRIC HEATING AND
 COOLING TECHNOLOGIES, AND OTHER FACTORS.
   § 10. The energy law is amended by adding a new section 11-113 to read
 as follows:
   § 11-113.  EXEMPTIONS FROM SPECIFIC SOLAR REQUIREMENTS FOR NEW  BUILD-
 INGS.   1. DEVELOPERS MAY SEEK AN EXEMPTION FROM THE INSPECTOR OF BUILD-
 INGS OR BUILDING  COMMISSIONER  FROM  THE  REQUIREMENTS  UNDER  SECTIONS
 11-111  AND  11-112  OF  THIS ARTICLE UPON A SUFFICIENT SHOWING THAT THE
 EFFECTIVE SOLAR AREA IS LESS THAN EIGHTY CONTIGUOUS SQUARE FEET.  DEVEL-
 OPERS  MAY  SEEK  A  REDUCTION  IN THE REQUIRED GENERATING CAPACITY OF A
 SOLAR ENERGY SYSTEM UPON A SUFFICIENT SHOWING THAT THE  EFFECTIVE  SOLAR
 AREA IS EIGHTY CONTIGUOUS SQUARE FEET OR GREATER, BUT IS INSUFFICIENT TO
 ALLOW  FOR THE INSTALLATION OF A SOLAR ENERGY SYSTEM MEETING THE MINIMUM
 REQUIREMENTS ESTABLISHED BY THE BOARD.
   2. DEVELOPERS MAY SEEK AN EXEMPTION FROM THE INSPECTOR OF BUILDINGS OR
 BUILDING COMMISSIONER FROM THE REQUIREMENTS UNDER  SECTIONS  11-111  AND
 11-112  OF  THIS  ARTICLE  UPON  A  SUFFICIENT SHOWING THAT A SUBSTITUTE
 RENEWABLE ENERGY SYSTEM WILL BE INSTALLED AT THE TIME  OF  CONSTRUCTION,
 PRODUCING  AN  EQUAL OR GREATER AMOUNT OF ELECTRICITY ON AN ANNUAL BASIS
 AS THE MINIMUM REQUIRED SOLAR INSTALLATION UNDER SECTION 11-112 OF  THIS
 ARTICLE.  DEVELOPERS  MAY  SEEK  A  REDUCTION IN THE REQUIRED GENERATING
 CAPACITY OF A SOLAR ENERGY SYSTEM  UPON  A  SUFFICIENT  SHOWING  THAT  A
 SUBSTITUTE  RENEWABLE  ENERGY  SYSTEM  WILL  BE INSTALLED AT THE TIME OF
 CONSTRUCTION, GENERATING SUFFICIENT ELECTRICITY ON AN  ANNUAL  BASIS  TO
 OFFSET THE REDUCTION IN ELECTRICITY PRODUCED BY THE SOLAR ENERGY SYSTEM.
   3. DEVELOPERS MAY SEEK AN EXEMPTION FROM THE INSPECTOR OF BUILDINGS OR
 BUILDING  COMMISSIONER  FROM  THE REQUIREMENTS UNDER SECTIONS 11-111 AND
 11-112 OF THIS ARTICLE, OR A REDUCTION IN THE REQUIRED SIZE OF  A  SOLAR
 ENERGY  SYSTEM,  UPON A SUFFICIENT SHOWING THAT A SOLAR HOT WATER HEATER
 WILL BE INSTALLED  AT  THE  TIME  OF  CONSTRUCTION.  SUCH  EXEMPTION  OR
 REDUCTION SHALL ONLY BE GRANTED TO THE EXTENT THAT THE INSTALLATION OF A
 SOLAR  HOT  WATER  HEATER WILL REDUCE THE PORTION OF THE EFFECTIVE SOLAR
 AREA AVAILABLE FOR A SOLAR ENERGY SYSTEM.
   4. THE BOARD MAY ALLOW EXEMPTIONS FROM THE REQUIREMENTS OF THIS  ARTI-
 CLE  FOR AFFORDABLE HOUSING DEVELOPMENTS, AFTER CONSULTING WITH AFFORDA-
 BLE HOUSING  DEVELOPERS  AND  OPERATORS,  COMMUNITY  DEVELOPMENT  CORPO-
 RATIONS,  ORGANIZATIONS THAT REPRESENT AFFORDABLE HOUSING RESIDENTS, AND
 OTHER STAKEHOLDERS.
   5. THE BOARD SHALL PROMULGATE  REGULATIONS  WITHIN  ONE  YEAR  OF  THE
 EFFECTIVE  DATE  OF  THIS  SECTION  THAT CLEARLY DEFINES THE PROCESS FOR
 SEEKING AN EXEMPTION.
   6. SHOULD AN EXEMPTION BE GRANTED, OR IF THE  NEW  BUILDING  DOES  NOT
 HAVE A SOLAR ENERGY SYSTEM PRODUCING SUFFICIENT ELECTRICITY ON AN ANNUAL
 BASIS  TO MEET ONE HUNDRED PERCENT OF THE ESTIMATED AVERAGE ANNUAL ELEC-
 S. 4066                            22
 
 TRICITY DEMAND OF DWELLINGS OF A SIMILAR SIZE AND  TYPE,  THE  DEVELOPER
 SHALL  SUBSCRIBE  TO  A  SOLAR  COMMUNITY DISTRIBUTED GENERATION PROJECT
 UNDER SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW TO  MEET  THE  SOLAR
 GENERATION NEEDS OF THE BUILDING.
   § 11. The energy law is amended by adding a new section 11-114 to read
 as follows:
   § 11-114.  AMENDMENTS TO THE BUILDING CODE. 1. ALL FUTURE EDITIONS AND
 AMENDED  VERSIONS  OF  THE BUILDING CODE, AS ADOPTED BY THE BOARD, SHALL
 INCLUDE REGULATIONS MEETING THE REQUIREMENTS OF SECTIONS 11-111,  11-112
 AND 11-113 OF THIS ARTICLE.
   2.  THE BOARD MAY FROM TIME TO TIME REVISE THE REGULATIONS PROMULGATED
 UNDER SECTIONS 11-111, 11-112 AND 11-113 OF THIS ARTICLE, IN  ACCORDANCE
 WITH CHANGES IN TECHNOLOGY AND BUILDING PRACTICES.
   § 12. The energy law is amended by adding a new section 11-115 to read
 as follows:
   §  11-115.    ENSURING CONTINUED DEVELOPMENT INCENTIVES FOR NEW BUILD-
 INGS.  COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE SHALL NOT IMPAIR A
 BUILDING'S ELIGIBILITY FOR ANY INCENTIVES, REBATES,  CREDITS,  OR  OTHER
 PROGRAMS  IN  EXISTENCE  TO  ENCOURAGE  DEVELOPMENT  OF RENEWABLE ENERGY
 RESOURCES.
   § 13. The energy law is amended by adding a new section 11-116 to read
 as follows:
   § 11-116.   NO GRANTING OF  BUILDING  PERMITS  WITHOUT  A  SHOWING  OF
 COMPLIANCE.  A BUILDING PERMIT FOR NEW CONSTRUCTION SHALL NOT BE GRANTED
 WITHOUT A SHOWING THAT THE BUILDING COMPLIES WITH  THE  REQUIREMENTS  OF
 THIS ARTICLE.
   § 14. The energy law is amended by adding a new section 11-117 to read
 as follows:
   §  11-117.    PENALTIES  FOR  FAILURE TO COMPLY WITH THIS ARTICLE. ANY
 PERSON WHO FAILS TO COMPLY WITH OR OTHERWISE VIOLATES THIS ARTICLE SHALL
 BE LIABLE FOR A CIVIL ADMINISTRATIVE PENALTY NOT TO EXCEED TEN  THOUSAND
 DOLLARS  FOR EACH VIOLATION, OR TWICE THE ESTIMATED ADDITIONAL COST THAT
 WOULD HAVE BEEN INCURRED BY CONSTRUCTING A BUILDING TO MEET THE REQUIRE-
 MENTS OF THIS ARTICLE, WHICHEVER IS GREATER.
   § 15. This act shall take effect immediately; provided that the amend-
 ments to subdivision 3 of section 11-103  of  the  energy  law  made  by
 section  three of this act shall be subject to the expiration and rever-
 sion of such subdivision pursuant to section 34 of part O of chapter  58
 of  the  laws of 2024, as amended, when upon such date the provisions of
 section four of this act shall take effect.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  5.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Parts A through M of this act shall  be
 as specifically set forth in the last section of such Parts.