Bill S3784-2013

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

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

Details

Actions

  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Feb 15, 2013: REFERRED TO LOCAL GOVERNMENT

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3784 2013-2014 Regular Sessions IN 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
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.

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