Bill S1074-2013

Relates to requiring local building and planning regulations to accommodate the use of renewable and alternative energy sources

Relates to requiring local building and planning regulations to accommodate the use of renewable energy resources such as solar thermal, photovoltaic, wind, hydroelectric, geothermal electric, geothermal ground source heat, tidal energy, wave energy, ocean thermal, and fuel cells using renewable fuels.

Details

Actions

  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S1074

TITLE OF BILL: An act to amend the town law and the village law, in relation to requiring local building and planning regulations to accommodate the use of renewable and alternative energy sources

PURPOSE OR GENERAL IDEA OF BILL: To promote the Use of renewable energy sources by encouraging towns and villages to consider renewable energy sources when designing zoning and planning regulations.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 263 of the town law by providing that when a town creates zoning and planning regulations, an additional factor to be considered shall be the accommodation of renewable energy resources.

Section two amends section 7-704 of the village law by providing that when a village creates zoning and planning regulations, an additional factor to be considered shall be the accommodation of renewable energy resources.

Section three provides the effective date as immediately.

JUSTIFICATION: When a town or village creates zoning and planning regulations, they are created in accordance with a comprehensive plan and with consideration to several factors. Currently, among such factors are "safety from fire, flood, panic and other dangers." In order to encourage the use of alternative Sources of energy, the proposed legislation adds the accommodation of "renewable energy resources to the list that a town or village shall consider when creating its zoning and planning regulations. it is important to consider alternative sources of energy when making zoning and planning decisions and requiring towns and villages to do so will, hopefully, promote the use of "green" energy sources which are cleaner, renewable and better in the long term.

PRIOR LEGISLATIVE HISTORY: S664/A314 of 2011-2012; Referred to Local Government

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1074 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the town law and the village law, in relation to requir- ing local building and planning regulations to accommodate the use of renewable and alternative energy sources THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 263 of the town law, as amended by chapter 602 of the laws of 2003, is amended to read as follows: S 263. Purposes in view. Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, flood, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to make provision for, so far as conditions may permit, the accommodation of [solar energy systems and equipment and access to sunlight necessary therefor] RENEWABLE ENERGY RESOURCES, WHICH FOR THE PURPOSES OF THIS SECTION SHALL INCLUDE SOLAR THERMAL, PHOTOVOLTAICS, WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL GROUND SOURCE HEAT, TIDAL ENERGY, WAVE ENERGY, OCEAN THERMAL, AND FUEL CELLS USING RENEWABLE FUELS; to facilitate the practice of forestry; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality. S 2. Section 7-704 of the village law, as amended by chapter 742 of the laws of 1979, is amended to read as follows:
S 7-704 Purposes in view. Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, floods and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to make provision for, so far as conditions may permit, the accommodation of [solar energy systems and equipment and access to sunlight necessary therefor] RENEWABLE ENERGY RESOURCES, WHICH FOR THE PURPOSES OF THIS SECTION SHALL INCLUDE SOLAR THERMAL, PHOTOVOLTAICS, WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL GROUND SOURCE HEAT, TIDAL ENERGY, WAVE ENERGY, OCEAN THERMAL, AND FUEL CELLS USING RENEWABLE FUELS; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for partic- ular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such munici- pality. S 3. This act shall take effect immediately.

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