Relates to local building and planning regulations accommodations for the use of renewable and alternative energy sources.

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S3784-2013 Actions

• Feb 15, 2013: REFERRED TO LOCAL GOVERNMENT

S3784-2013 Memo

BILL NUMBER:S3784

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: This legislation would encourage towns and all renewable
energy resources in the development of regulations.

SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the Town Law in relation to zoning
and planning. The bill would require that regulations be made in
accordance with a comprehensive plan and designed to accommodate
renewable energy resources as defined in Subdivision 12 of Section
1-103 of the New York State Energy Law.

Section 2 of the bill would amend the Village Law to include similar
provisions as provided for in Section 1 of the bill.

EXISTING LAW: Present law requires towns and villages to develop
zoning and Planning regulations to accommodate solar energy systems
and equipment and associated access to sunlight.

Since 1976, Subdivision 12 of Section 1-103 of the Energy Law has
included the definition of renewable energy resources as follows:
"Renewable energy resources shall include sources which are capable of
being continuously restored by natural or other means or are so large
as to be useable for centuries without significant depletion and
include but are not limited to solar, wind, plant and forest products,
wastes, tidal, hydro, geothermal, deuterium, and hydrogen."

JUSTIFICATION:  This legislation provides municipalities with the
necessary flexibility to help accomplish the State's renewable energy
goals, by ensuring that all renewable energy resources are eligible
for consideration in the formation of zoning and planning regulations.

New York State's energy policy is to obtain and maintain safe,
reliable, and diverse energy supplies, accelerate the development and
use of renewable energy resources, and increase its energy
independence, in order to promote the State's economic growth, to
maintain the security of its energy supplies, and to protect its
environmental values New York's existing generating resources are
powered by a mix of fuels. As an extension of that fuel diversity
policy, the State has committed to increasing renewable energy
supplies.

A diverse energy fuel portfolio protects the reliability of New York's
energy system and provides benefits to consumers. In general, the
electric system is less reliable, if it becomes too dependent on any
one fuel source. Given the benefits of its existing fuel-diverse
sources of supply, the State has committed to expanding that mix
further.

An Executive Order encourages localities to increase their use of
renewable energy resources. Also, among other provisions, Article 9 of


the Energy Law allows municipalities to enter into energy performance
contracts for purposes such as developing alternate sources of energy.

Allowing municipalities to consider all renewable energy resources,
while developing zoning and planning regulations, supports existing
energy supplies and also sends the message to potential investors that
the State recognizes the importance of including a variety of
resources in its energy mix.

LEGISLATIVE HISTORY: This legislation is new.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.

S3784-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3784

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 15, 2013
                                 ___________

  Introduced  by  Sen. RITCHIE -- 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  AS  DEFINED  IN
  SUBDIVISION TWELVE OF SECTION 1-103 OF THE ENERGY LAW; to facilitate the
  practice  of forestry; to facilitate the adequate provision of transpor-
  tation, 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 suit-
  ability 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 law 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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09016-01-3

 S. 3784                             2

  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 AS DEFINED IN
  SUBDIVISION TWELVE OF SECTION 1-103 OF THE ENERGY LAW; 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 3. This act shall take effect immediately.