Relates to carport-mounted solar energy system siting

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

                                          6882

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                     March 26, 2025
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        AN  ACT  to  amend  the  general municipal law, in relation to siting of
          carport-mounted solar energy systems

          THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section  1. The general municipal law is amended by adding a new arti-
     2  cle 5-M to read as follows:
     3                                  ARTICLE 5-M
     4                    CARPORT-MOUNTED SOLAR ENERGY SYSTEMS

     5  SECTION 119-HH. LEGISLATIVE INTENT.
     6          119-II. CARPORT-MOUNTED SOLAR ENERGY SYSTEMS.
     7    § 119-HH. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY DECLARES THAT  IT
     8  IS  THE  POLICY OF THIS STATE TO FOSTER AND ENCOURAGE THE DEVELOPMENT OF
     9  SOLAR ENERGY GENERATING SYSTEMS, TO TAKE ADVANTAGE OF A SAFE,  ABUNDANT,
    10  RENEWABLE  AND  NON-POLLUTING  ENERGY  RESOURCE; TO DECREASE THE COST OF
    11  ELECTRICITY TO THE OWNERS  OF  RESIDENTIAL  AND  COMMERCIAL  PROPERTIES,
    12  INCLUDING  SINGLE-FAMILY  HOUSES;  TO  INCREASE  EMPLOYMENT AND BUSINESS
    13  DEVELOPMENT IN  THE  STATE,  TO  THE  EXTENT  REASONABLY  PRACTICAL,  BY
    14  FURTHERING  THE INSTALLATION OF SOLAR ENERGY SYSTEMS; AND TO PROVIDE FOR
    15  THE DEVELOPMENT  OF  SOLAR  ENERGY  SYSTEMS  IN  NON-RESIDENTIAL  ZONING
    16  DISTRICTS AND MIXED COMMERCIAL AND RESIDENTIAL ZONING DISTRICTS.
    17    § 119-II. CARPORT-MOUNTED SOLAR ENERGY SYSTEMS. 1. FOR THE PURPOSES OF
    18  THIS  ARTICLE  "CARPORT-MOUNTED  SOLAR ENERGY SYSTEM" SHALL MEAN A SOLAR
    19  ENERGY  SYSTEM NOT TO EXCEED FIVE MEGAWATTS OF GENERATING CAPACITY WHICH
    20  IS LOCATED AND MOUNTED ON A ROOF OR STRUCTURE ABOVE REAL PROPERTY EXCLU-
    21  SIVELY IN USE FOR VEHICLE PARKING.
    22    2. NO LOCAL GOVERNMENT SHALL UNDER ANY ZONING ORDINANCE,  ZONING  LAW,
    23  OR  LAW OR ORDINANCE OF GENERAL APPLICABILITY WHICH DETERMINES PERMISSI-

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01018-01-5
        S. 6882                             2

     1  BLE USES IN CITY,  TOWN,  OR  VILLAGE  ZONING  DISTRICTS,  PROHIBIT  THE
     2  CONSTRUCTION,  INSTALLATION,  OR  OPERATION  OF  A CARPORT-MOUNTED SOLAR
     3  ENERGY SYSTEM WITH A NAMEPLATE CAPACITY OF FIVE MEGAWATTS  OR  LESS,  IN
     4  ANY  NON-RESIDENTIAL ZONING DISTRICT OR MIXED COMMERCIAL AND RESIDENTIAL
     5  ZONING DISTRICT OF ANY SUCH CITY, TOWN OR VILLAGE, PROVIDED HOWEVER,  IF
     6  THE  ZONING  DISTRICT  IS A CERTIFIED AGRICULTURAL DISTRICT THE AGRICUL-
     7  TURAL IMPACTS OF THE PROJECTS SHALL BE MINIMIZED TO THE EXTENT PRACTICA-
     8  BLE.
     9    § 2. This act shall take effect on the first of January next  succeed-
    10  ing the date on which it shall have become a law.