STATE OF NEW YORK ________________________________________________________________________

6838

2021-2022 Regular Sessions

IN ASSEMBLY

April 12, 2021 ___________

Introduced by M. of A. GALEF, WOERNER -- read once and referred to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to providing an exemption from requirements for the alienation of park- land for renewable energy generating projects

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. The environmental conservation law is amended by adding a 2 new section 52-0908 to read as follows: 3 § 52-0908. Restriction on alienation exemption; renewable energy gener- 4 ating projects. 5 Notwithstanding section 52-0907 of this title, real property acquired, 6 developed, improved, restored or rehabilitated by a municipality pursu- 7 ant to subdivision four of section 52-0901 of this title with funds made 8 available pursuant to this title may be sold or disposed of or used for 9 other than public park purposes without the express authority of an act 10 of the legislature, provided that such real property is not located 11 within the Adirondack park or Catskill park, as such terms are defined 12 in section 9-0101 of this chapter, and when such sale or disposal: 13 1. applies only to the sale or disposal or rights to airspace directly 14 above such real property; and 15 2. is for the construction, installation and/or operation of a solar 16 energy project not to exceed two megawatts of generating capacity and 17 which is located above real property currently used for vehicle parking. 18 § 2. This act shall take effect immediately and shall apply to alien- 19 ations of parkland for renewable energy generating projects occurring on 20 or after such date.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04028-01-1