Prohibits local governments from prohibiting the construction, installation, or operation of carport-mounted solar energy systems with a nameplate capacity of five megawatts or less, in any non-residential zoning district or mixed commercial and residential zoning district of any such city, town or village, provided however, if the zoning district is a certified agricultural district the agricultural impacts of the projects shall be minimized to the extent practicable.
Summary
This bill would add a new article to the General Municipal Law establishing state policy to encourage solar energy development and specifically addressing carport-mounted solar energy systems. It defines a carport-mounted solar energy system as a solar installation mounted on a roof or structure above land used exclusively for vehicle parking, with a maximum generating capacity of five megawatts.
The bill would prohibit cities, towns, and villages from using zoning ordinances or other generally applicable land-use laws to bar the construction, installation, or operation of qualifying carport-mounted solar systems in non-residential zoning districts and mixed commercial-residential zoning districts. In certified agricultural districts, the bill adds a qualifier that agricultural impacts should be minimized to the extent practicable.
Impact
The bill would limit local zoning authority by preempting municipal bans on certain solar carport projects, thereby creating a statewide right to site these systems in eligible zoning districts. It would affect local governments, solar developers, property owners, and businesses with parking lots or other parking areas suitable for solar canopies, while preserving some local consideration in certified agricultural districts. The measure would take effect on January 1 following enactment and would amend the General Municipal Law by adding Article 5-M and section 119-ii.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill text, the measure appears pro-solar and pro-development, reflecting a policy preference for expanding renewable energy deployment and reducing local barriers to siting. The absence of voting history or discussion means the overall legislative sentiment cannot be assessed beyond the bill’s stated intent.
Contention
The main point of contention is likely to be state preemption of local zoning control, since the bill would prevent municipalities from prohibiting these solar installations in specified districts. Local governments may object to losing discretion over land use, aesthetics, traffic, or community planning, while supporters would likely emphasize renewable energy expansion, economic development, and lower electricity costs. A secondary area of concern is the treatment of certified agricultural districts, where the bill requires agricultural impacts to be minimized but does not fully exempt such districts from coverage.
Same As
Prohibits local governments from prohibiting the construction, installation, or operation of carport-mounted solar energy systems with a nameplate capacity of five megawatts or less, in any non-residential zoning district or mixed commercial and residential zoning district of any such city, town or village, provided however, if the zoning district is a certified agricultural district the agricultural impacts of the projects shall be minimized to the extent practicable.
Prohibits local governments from prohibiting the construction, installation, or operation of carport-mounted solar energy systems with a nameplate capacity of five megawatts or less, in any non-residential zoning district or mixed commercial and residential zoning district of any such city, town or village, provided however, if the zoning district is a certified agricultural district the agricultural impacts of the projects shall be minimized to the extent practicable.
Adds "providing for residential development in all or some of the areas encompassing commercial districts" as a purpose a zoning ordinance must address.
Adds "providing for residential development in all or some of the areas encompassing commercial districts" as a purpose a zoning ordinance must address.
Change provisions relating to the conveyance of electric distribution systems by public power districts or public power and irrigation districts to cities or villages
Authorize fees for the collection of certain taxes of reclamation districts and county agricultural societies and change the distribution of the nameplate capacity tax
Adds the process of permitting the construction of attached single-family dwellings in identified zoning districts as a factor that zoning ordinances must address.
Adds the process of permitting the construction of attached single-family dwellings in identified zoning districts as a factor that zoning ordinances must address.