New York Assembly Bill A10058

New York 2025-2026 Regular Session

• Introduced: 1/30/26
• Refer: 1/30/26

Caption

Provides an exemption from requirements for the alienation of parkland for certain renewable energy generating projects

Summary

This bill would create a narrow exemption to New York’s parkland alienation rules for certain renewable energy projects. Under current law, municipal parkland acquired or improved with state park funds generally cannot be sold or repurposed for non-park uses without specific legislative approval. The bill adds a new section to the Environmental Conservation Law allowing such property to be used without an act of the Legislature, but only in limited circumstances. The exemption applies only to airspace directly above qualifying parkland, and only when the project is a solar energy installation of no more than two megawatts located above land currently used for vehicle parking. The property must also be outside the Adirondack Park and Catskill Park. The bill would take effect immediately and apply to qualifying alienations occurring on or after that date.

Impact

The bill would amend the Environmental Conservation Law by adding section 52-0908, creating a specific carveout from the parkland alienation requirement in section 52-0907. It would allow municipalities to authorize certain solar projects over parkland without separate legislative approval, but only for airspace sales or disposals tied to small-scale solar generation over parking areas and only outside the Adirondack and Catskill Parks. The practical effect is to ease siting of renewable energy infrastructure on limited municipal park-related property while preserving the general prohibition on converting parkland to non-park uses.

Sentiment

The available record shows the bill was introduced and referred to the Assembly Committee on Environmental Conservation, with no recorded votes or committee transcript excerpts. Based on the caption and text, the measure appears to be framed as a targeted clean-energy facilitation bill rather than a broad parkland policy change. There is no direct evidence in the provided materials of support or opposition, but the narrow scope suggests an attempt to balance renewable energy development with parkland protections.

Contention

The main point of potential contention is the relaxation of parkland alienation safeguards, which traditionally require express legislative approval to protect public open space. Supporters would likely emphasize the limited nature of the exemption—small solar projects, only above existing parking areas, and only outside the Adirondack and Catskill Parks—while critics may argue that any exception could weaken parkland preservation standards or set a precedent for further encroachments. Another possible issue is whether municipalities should be able to approve such uses without direct legislative authorization.