A 9087: Enacts the "community solar opportunity and local approval reform (Community SOLAR) act"; authorizes municipalities to establish standards for distributed generation energy facilities.

  
  STATE OF NEW YORK ________________________________________________________________________ 9087 2025-2026 Regular Sessions  IN ASSEMBLY September 12, 2025 ___________ Introduced by M. of A. LEVENBERG -- read once and referred to the Committee on Energy AN ACT to amend the general municipal law, in relation to enacting the "community solar opportunity and local approval reform (Community SOLAR) act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "community solar opportunity and local approval reform (Community 3 SOLAR) act". 4 § 2. The general municipal law is amended by adding a new section 79 5 to read as follows: 6 § 79. Community solar opportunity and local approval reform (Community 7 SOLAR) act. 1. As used in this section: 8 (a) "distributed generation energy facility" means any solar photovol- 9 taic system or energy storage system with a nameplate capacity of five 10 thousand kilowatts AC or less; 11 (b) "facility owner" means (i) a person or corporate entity with a 12 direct ownership interest in a distributed generation energy facility, 13 regardless of whether the person is involved in acquiring the necessary 14 rights, permits, and approvals or otherwise planning for the 15 construction and operation of the facility; and (ii) at the time the 16 facility is being developed, a person who is acting as a developer of 17 the facility by acquiring the necessary rights, permits, and approvals 18 or by planning for the construction and operation of the facility, 19 regardless of whether the person will own or operate the facility; 20 (c) "non-participating property" means real property that is not a 21 participating property; 22 (d) "authority having jurisdiction" means any municipal corporation 23 with authorization to adopt zoning and permitting regulations governing 24 the placement, construction, modification and/or operation of a distrib- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13087-04-5 
 A. 9087 2 1 uted generation energy facility within its borders. "Authority having 2 jurisdiction" shall also include any agency of said municipal corpo- 3 ration with authorization to issue land use approvals such as, inter 4 alia, site plan approvals, special use permits, use variances, area 5 variances, and subdivision authorizations; 6 (e) "non-participating residence" means a residence that is located on 7 non-participating property and that is existing and occupied on the date 8 that an application for a permit to develop the distributed generation 9 energy facility is filed with the authority having jurisdiction; 10 (f) "occupied community building" means any one or more of the follow- 11 ing existing buildings occupied on the date that the application for a 12 permit to develop the distributed generation energy facility is filed 13 with the authority having jurisdiction: a school, place of worship, day 14 care facility, public library, or community center; 15 (g) "participating property" means real property that is the subject 16 of a written agreement between a facility owner and the owner of the 17 real property that provides the facility owner an easement, option, 18 lease, or license to use the real property for the purpose of construct- 19 ing and/or operating a distributed generation energy facility, or 20 supporting facilities. "Participating property" also includes real prop- 21 erty that is owned by a facility owner for the purpose of constructing a 22 distributed generation energy facility, or supporting facilities; 23 (h) "participating residence" means a residence that is located on 24 participating property and that is existing and occupied on the date 25 that an application for a permit to develop the distributed generation 26 energy facility is filed with the authority having jurisdiction; 27 (i) "protected lands" means real property that is: 28 (i) subject to a permanent conservation right; or 29 (ii) registered or designated as a nature preserve, buffer, or land 30 and water reserve; and 31 (j) "Supporting facilities" means the transmission lines, substations, 32 access roads, meteorological towers, storage containers, and equipment 33 associated with the generation and storage of electricity by the 34 distributed generation energy facility. 35 2. (a) Notwithstanding any other provision of law, an authority having 36 jurisdiction shall establish standards for distributed generation energy 37 facilities. The standards may include all of the requirements specified 38 in this subdivision but may not include requirements for distributed 39 generation energy facilities that are more restrictive than specified in 40 this subdivision. 41 (b) Any authority having jurisdiction that has elected to establish 42 standards under this subdivision shall hold a public hearing or hearings 43 regarding any application or applications submitted to it for land use 44 approvals to allow a distributed generation energy facility. The public 45 hearing or hearings shall be held in compliance with the state open 46 meetings law, any applicable public hearing requirements in the munici- 47 pal code of authority having jurisdiction, and any other applicable 48 provisions of law. Said public hearing shall be held within ninety days 49 after the filing of the application for the distributed generation ener- 50 gy facility. The authority having jurisdiction shall make its siting and 51 permitting decisions not more than thirty days after the conclusion of 52 the public hearing or hearings. 53 (c) Any authority having jurisdiction that renders a siting, permit- 54 ting, variance, or other land use decision regarding a distributed 55 generation energy facility shall apply the "public utility" standards 56 for such approvals as set forth in Consolidated Edison Co. v Hoffman, 43 
 A. 9087 3 1 N.Y.2d 598 (1978) and Matter of Cellular Tel. Co. v Rosenberg, 82 N.Y.2d 2 364 (1993) and as subsequently expanded and applied by the courts of the 3 state of New York. 4 (d) An authority having jurisdiction with an existing zoning ordinance 5 in conflict with this subdivision shall amend such zoning ordinance to 6 be in compliance with this subdivision within one hundred twenty days 7 after the effective date of this section. 8 (e) (i) An authority having jurisdiction may require: 9 (1) a distributed generation energy facility to be sited as follows, 10 with setback distances measured from the nearest edge of any component 11 of the facility: 12 Setback Description Setback Distance 13 Occupied community 150 feet from the nearest 14 buildings and dwellings point on the outside wall 15 on non-participating of the structure 16 properties 17 Boundary lines of None 18 participating property 19 Public road rights-of-way  50 feet from the 20 nearest edge 21 Boundary lines of non- 50 feet to the nearest point 22 participating property on the property line of the 23 non-participating property 24 Federal jurisdictional Shall be no more restrictive than 25 wetlands United States Army Corps of 26 Engineers' most current rules 27 New York state department Shall be no more restrictive than 28 of environmental New York state department of 29 conservation wetlands environmental conservation's 30 most current rules 31 (2) a distributed generation energy facility to be sited so that the 32 facility's perimeter is enclosed by fencing having a height of at least 33 seven feet and no more than twenty-five feet; and 34 (3) a distributed generation energy facility to be sited so that no 35 component of a solar panel has a height of more than twenty feet above 36 ground when the solar energy facility's arrays are at full tilt. 37 (ii) An authority having jurisdiction may not set a sound limitation 38 for any components in a distributed generation energy facility that is 39 more restrictive than the sound limitations established by the authority 40 having jurisdiction for any other use or activity. 41 (iii) An authority having jurisdiction may not place any restriction 42 on the installation or use of a distributed generation energy facility 43 unless it adopts an ordinance that complies with this subdivision. An 44 authority having jurisdiction may not establish siting standards for 45 supporting facilities that preclude development of distributed gener- 46 ation energy facilities. A request filed with an authority having juris- 47 diction to locate or modify any permit for a distributed generation 48 energy facility, shall be approved if the request is in compliance with 
 A. 9087 4 1 the standards and conditions imposed in this section, the zoning ordi- 2 nance adopted consistent with this section, and the conditions imposed 3 under state and federal statutes and regulations. 4 (iv) An authority having jurisdiction may not adopt zoning regulations 5 that limit, permanently or temporarily, the number of distributed gener- 6 ation energy facilities from being developed or operated in any district 7 zoned to allow agricultural or industrial uses. 8 (v) An authority having jurisdiction may not require permit applica- 9 tion or other fees for a distributed generation energy facility that are 10 unreasonable. All application fees imposed by the authority having 11 jurisdiction shall be consistent with fees for projects in the authority 12 having jurisdiction with similar capital value and cost. 13 (vi) Except as otherwise provided in this subdivision, an authority 14 having jurisdiction shall not require standards for construction, decom- 15 missioning, or deconstruction of a distributed generation energy facili- 16 ty or related financial assurances that are unreasonable or preclude 17 development of distributed generation energy facilities. The amount of 18 any decommissioning payment shall be limited to the cost identified in 19 the decommissioning or deconstruction plan minus the salvage value of 20 the project. Decommissioning values should be updated every five years 21 for the first twenty years of operation and every year thereafter. 22 (vii) An authority having jurisdiction may not condition approval of a 23 distributed generation energy facility on a property value guarantee, 24 may not require a facility owner to pay into a neighboring property 25 devaluation escrow account, and may not condition approval on the 26 project entering into a payment in lieu of taxes (PILOT) agreement or a 27 community benefit agreement. 28 (viii) An authority having jurisdiction may require reasonable vegeta- 29 tive screening surrounding a distributed generation energy facility but 30 may not require earthen berms or similar structures. 31 (ix) An authority having jurisdiction shall calculate lot coverage for 32 distributed generation energy facilities based only on the impervious 33 surfaces associated with the facility. Impervious surfaces include the 34 foundations of solar panels, access roads, and other structures or 35 installations that prevent the infiltration of water into the ground. 36 Solar panels themselves shall not be considered impervious surfaces for 37 the purposes of lot coverage calculation, provided that the ground 38 beneath the panels remains pervious and capable of absorbing water. 39 3. Developers of a distributed generation energy facility shall offer 40 residents of the host community the right of first refusal to subscribe 41 to and receive utility bill credits from such project at a discounted 42 rate. This right of first refusal shall be in effect for the first two 43 months after subscriptions become available, and shall be offered in all 44 cases where it does not conflict with the program rules or operating 45 procedures of utility- federal- or state-administered programs to deliv- 46 er utility bill savings to low- to moderate-income electricity custom- 47 ers. 48 4. (a) Within ninety days of the effective date of this section, the 49 department of environmental conservation shall develop and promulgate 50 rules and permit requirements specifically for the siting, construction, 51 and operation of distributed generation energy facilities on and adja- 52 cent to wetlands. 53 (b) Such rules and permit requirements shall be consistent with and no 54 more restrictive than the guidelines established by the United States 55 Army Corps of Engineers for renewable energy projects on and around 56 wetlands in Nationwide Permit 51 - Land-Based Renewable Energy Gener- 
 A. 9087 5 1 ation Facilities. This includes, but is not limited to, considerations 2 for wetland delineation, impact minimization, mitigation measures, and 3 monitoring requirements. 4 (c) The department of environmental conservation shall ensure that the 5 rules and permit requirements provide clear guidance on the following: 6 (i) procedures for obtaining necessary permits for solar installations 7 on and adjacent to wetlands; 8 (ii) standards for minimizing adverse impacts on wetland functions and 9 values; and 10 (iii) requirements for compensatory mitigation to offset any unavoid- 11 able impacts to wetlands. 12 (d) The department of environmental conservation shall consult with 13 relevant federal, state, and local agencies, as well as stakeholders, 14 including environmental organizations and the solar energy industry, to 15 ensure that the rules and permit requirements are comprehensive and 16 practicable. 17 (e) The department of environmental conservation shall review and 18 update these rules and permit requirements periodically to reflect 19 advancements in technology, changes in federal guidelines, and new 20 scientific information regarding wetland conservation and solar energy 21 development. 22 5. (a) Authorities having jurisdiction with existing solar laws in 23 compliance with this section may not enact moratoria preventing distrib- 24 uted generation energy facilities. 25 (b) Authorities having jurisdiction without existing solar laws in 26 compliance with this section may enact a single moratorium in order to 27 develop such a law. The initial moratorium shall not exceed six months. 28 Authorities may extend the moratorium once for an additional period not 29 to exceed six months. No further renewals or extensions shall be permit- 30 ted. Authorities having jurisdiction may seek technical assistance from 31 the New York state energy research and development authority to ensure 32 compliance with this section. 33 6. (a) The department of state shall enforce this section. Such 34 department shall have the authority to ensure that all local laws and 35 regulations comply with the provisions of this section. 36 (b) (i) The department of state shall review local laws and regu- 37 lations related to the siting and permitting of distributed generation 38 energy facilities to ensure compliance with this section. 39 (ii) Beginning one hundred twenty days after the effective date of 40 this section, the department of state may require municipalities to 41 submit their local laws and regulations for review and approval. Munici- 42 palities shall provide such department with any requested documentation 43 within thirty days of such a request. 44 (c) The department of state shall have the authority to promulgate 45 regulations necessary to implement and enforce the provisions of this 46 section. Such regulations shall be adopted in accordance with the state 47 administrative procedure act. 48 § 3. This act shall take effect immediately.