STATE OF NEW YORK ________________________________________________________________________ 34 2017-2018 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2017 ___________ Introduced by M. of A. PAULIN, GALEF, SCHIMMINGER, MAGNARELLI, JAFFEE, LUPARDO, ENGLEBRIGHT, M. G. MILLER, OTIS, GOTTFRIED, THIELE -- Multi- Sponsored by -- M. of A. CAHILL, COLTON, PERRY -- read once and referred to the Committee on Local Governments AN ACT to amend the town law and the village law, in relation to requir- ing local building and planning regulations to accommodate the use of certain renewable and alternative energy sources The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 263 of the town law, as amended by chapter 602 of 2 the laws of 2003, is amended to read as follows: 3 § 263. Purposes in view. Such regulations shall be made in accordance 4 with a comprehensive plan and designed to lessen congestion in the 5 streets; to secure safety from fire, flood, panic and other dangers; to 6 promote health and general welfare; to provide adequate light and air; 7 to prevent the overcrowding of land; to avoid undue concentration of 8 population; to make provision for, so far as conditions may permit, the 9 accommodation of [solar energy systems and equipment and access to 10 sunlight necessary therefor] solar thermal, photovoltaics, wind, hydro- 11 electric, geothermal electric, geothermal ground source heat, tidal 12 energy, wave energy, ocean thermal, and fuel cells; to facilitate the 13 practice of forestry; to facilitate the adequate provision of transpor- 14 tation, water, sewerage, schools, parks and other public requirements. 15 Such regulations shall be made with reasonable consideration, among 16 other things, as to the character of the district and its peculiar suit- 17 ability for particular uses, and with a view to conserving the value of 18 buildings and encouraging the most appropriate use of land throughout 19 such municipality. 20 § 2. Section 7-704 of the village law, as amended by chapter 742 of 21 the laws of 1979, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01060-01-7

A. 34 2 1 § 7-704 Purposes in view. Such regulations shall be made in accordance 2 with a comprehensive plan and designed to lessen congestion in the 3 streets; to secure safety from fire, panic, floods and other dangers; to 4 promote health and the general welfare; to provide adequate light and 5 air; to prevent the overcrowding of land; to avoid undue concentration 6 of population; to make provision for, so far as conditions may permit, 7 the accommodation of [solar energy systems and equipment and access to 8 sunlight necessary therefor] solar thermal, photovoltaics, wind, hydro- 9 electric, geothermal electric, geothermal ground source heat, tidal 10 energy, wave energy, ocean thermal, and fuel cells; to facilitate the 11 adequate provision of transportation, water, sewerage, schools, parks 12 and other public requirements. Such regulations shall be made with 13 reasonable consideration, among other things, as to the character of the 14 district and its peculiar suitability for particular uses, and with a 15 view to conserving the value of buildings and encouraging the most 16 appropriate use of land throughout such municipality. 17 § 3. This act shall take effect immediately.