NY State Senate Bill 2017-S4266B

Senate Bill S4266B

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 29, 2018	print number 4266b
Jun 29, 2018	amend and recommit to local government
Feb 28, 2018	print number 4266a
Feb 28, 2018	amend and recommit to local government
Jan 03, 2018	referred to local government
Feb 07, 2017	referred to local government

Bill Amendments

Original

B (Active)

2017-S4266 - Details

See Assembly Version of this Bill:: A34
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §263, Town L; amd §7-704, Vil L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1991, S7155, A626
2011-2012: S664, A314
2013-2014: S1074, A498
2015-2016: S3614, A65
2019-2020: S5739, A436
2021-2022: S391, A443

2017-S4266 - Summary

Relates to requiring local building and planning regulations to accommodate the use of solar thermal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal ground source heat, tidal energy, wave energy, ocean thermal, farm waste electric generating equipment, and fuel cells.

2017-S4266 - Sponsor Memo

                                 BILL NUMBER:  S4266

 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 certain renewable and alternative energy
sources

 PURPOSE :

To promote the use of renewable energy sources by encouraging towns
and villages to consider certain renewable energy sources when
designing zoning and planning regulations.

 SUMMARY OF 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 certain 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 certain
renewable energy resources.

Section three provides an immediate effective date.

 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
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 to the list of factors 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.

 LEGISLATIVE HISTORY :

2015-16 - S. 3614b - Local Government/A. 65a - 3rd Reading.
2013-14 - S. 1074 - Local Government/A. 498 - 3rd Reading.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
Immediate.

2017-S4266 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4266
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2017
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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
   certain 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:
   §  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] SOLAR THERMAL, PHOTOVOLTAICS, WIND,  HYDRO-
 ELECTRIC,  GEOTHERMAL  ELECTRIC,  GEOTHERMAL  GROUND  SOURCE HEAT, TIDAL
 ENERGY, WAVE ENERGY, OCEAN THERMAL, AND FUEL CELLS;  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.
   § 2. Section 7-704 of the village law, as amended by  chapter  742  of
 the laws of 1979, is amended to read as follows:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01060-01-7

 S. 4266                             2
 
 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] SOLAR THERMAL, PHOTOVOLTAICS, WIND,  HYDRO-
 ELECTRIC,  GEOTHERMAL  ELECTRIC,  GEOTHERMAL  GROUND  SOURCE HEAT, TIDAL
 ENERGY, WAVE ENERGY, OCEAN THERMAL, AND FUEL CELLS;  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.
   § 3. This act shall take effect immediately.

2017-S4266A - Details

See Assembly Version of this Bill:: A34
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §263, Town L; amd §7-704, Vil L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1991, S7155, A626
2011-2012: S664, A314
2013-2014: S1074, A498
2015-2016: S3614, A65
2019-2020: S5739, A436
2021-2022: S391, A443

2017-S4266A - Summary

2017-S4266A - Sponsor Memo

                                
 
BILL NUMBER: S4266A

SPONSOR: GRIFFO
 
TITLE OF BILL:

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
certain renewable and alternative energy sources

 
PURPOSE:

To promote the use of renewable energy sources by encouraging towns and
villages to consider certain renewable energy sources when designing
zoning and planning regulations.

 
SUMMARY OF 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 certain 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 certain renewable
energy resources.

Section three provides an immediate effective date.

 
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 alter-
native sources of energy, the proposed legislation adds the accommo-
dation of "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, farm waste electric generating equipment, and
fuel cells to the list of factors 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.

 
LEGISLATIVE HISTORY:

2015-16 - S. 3614b - Local Government/A. 65a - 3rd Reading.
2013-14 - S. 1074 - Local Government/A. 498 - 3rd Reading.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediate.

2017-S4266A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4266--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2017
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government -- recom-
   mitted to the Committee on Local Government in accordance with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 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
   certain 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:
   §  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] SOLAR THERMAL, PHOTOVOLTAICS, WIND,  HYDRO-
 ELECTRIC,  GEOTHERMAL  ELECTRIC,  GEOTHERMAL  GROUND  SOURCE HEAT, TIDAL
 ENERGY, WAVE ENERGY,  OCEAN  THERMAL,  FARM  WASTE  ELECTRIC  GENERATING
 EQUIPMENT,  AND  FUEL  CELLS; 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  char-
 acter  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.
   § 2. Section 7-704 of the village law, as amended by  chapter  742  of
 the laws of 1979, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01060-03-8

 S. 4266--A                          2
 
   § 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] SOLAR THERMAL, PHOTOVOLTAICS, WIND,  HYDRO-
 ELECTRIC,  GEOTHERMAL  ELECTRIC,  GEOTHERMAL  GROUND  SOURCE HEAT, TIDAL
 ENERGY, WAVE ENERGY,  OCEAN  THERMAL,  FARM  WASTE  ELECTRIC  GENERATING
 EQUIPMENT,  AND  FUEL  CELLS;  to  facilitate  the adequate provision of
 transportation,  water,  sewerage,  schools,  parks  and  other   public
 requirements.  Such  regulations shall be made with reasonable consider-
 ation, 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.
   § 3. This act shall take effect immediately.

2017-S4266B (ACTIVE) - Details

See Assembly Version of this Bill:: A34
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §263, Town L; amd §7-704, Vil L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1991, S7155, A626
2011-2012: S664, A314
2013-2014: S1074, A498
2015-2016: S3614, A65
2019-2020: S5739, A436
2021-2022: S391, A443

2017-S4266B (ACTIVE) - Summary

2017-S4266B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4266B

SPONSOR: GRIFFO
 
TITLE OF BILL:  An act to amend the town law and the village law, in
relation to requiring local building and planning regulations to accom-
modate the use of certain renewable and alternative energy sources

 
PURPOSE:

To promote the use of renewable energy sources by encouraging towns and
villages to consider certain renewable energy sources when designing
zoning and planning regulations.

 
SUMMARY OF 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 certain 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 certain renewable
energy resources.

Section three provides an immediate effective date.

 
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 alter-
native sources of energy, the proposed legislation adds the accommo-
dation of "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, farm waste electric generating equipment, and
fuel cells to the list of factors 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.

 
LEGISLATIVE HISTORY:

2015-16 - S. 3614b - Local Government/A. 65a - 3rd Reading.
2013-14 - S. 1074 - Local Government/A. 498 - 3rd Reading.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediate.

2017-S4266B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4266--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2017
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government -- recom-
   mitted to the Committee on Local Government in accordance with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
   certain 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:
   § 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] SOLAR THERMAL, PHOTOVOLTAICS, WIND, HYDRO-
 ELECTRIC, GEOTHERMAL ELECTRIC,  GEOTHERMAL  GROUND  SOURCE  HEAT,  TIDAL
 ENERGY,  WAVE  ENERGY,  OCEAN  THERMAL,  FARM  WASTE ELECTRIC GENERATING
 EQUIPMENT AS DEFINED IN PARAGRAPH (E)  OF  SUBDIVISION  ONE  OF  SECTION
 SIXTY-SIX-J OF THE PUBLIC SERVICE LAW, AND FUEL CELLS; 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01060-05-8

 S. 4266--B                          2
 
 buildings  and  encouraging  the most appropriate use of land throughout
 such municipality.
   §  2.  Section  7-704 of the village law, as amended by chapter 742 of
 the laws of 1979, is amended to read as follows:
   § 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] SOLAR THERMAL, PHOTOVOLTAICS, WIND, HYDRO-
 ELECTRIC, GEOTHERMAL ELECTRIC,  GEOTHERMAL  GROUND  SOURCE  HEAT,  TIDAL
 ENERGY,  WAVE  ENERGY,  OCEAN  THERMAL,  FARM  WASTE ELECTRIC GENERATING
 EQUIPMENT AS DEFINED IN PARAGRAPH (E)  OF  SUBDIVISION  ONE  OF  SECTION
 SIXTY-SIX-J  OF THE PUBLIC SERVICE LAW AND FUEL CELLS; 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.
   § 3. This act shall take effect immediately.

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