A 217: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 217 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. BURDICK -- read once and referred to the Commit- tee on Energy 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 
 A. 217 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.