Senate Bill S8119, which would amend General Municipal Law to enact the Community SOLAR Act, is currently under review in the New York State Legislature. This Act would limit local government’s ability to pass moratoria or restrictive zoning ordinances related to distributed generation energy facilities (solar facilities), preempting local land use laws. If enacted, this legislation would have a significant impact on New York State’s solar energy sector, creating large-scale infrastructure growth opportunities and expanding access to clean energy.
Effect of the Community SOLAR Act
New York Solar Energy Industries Association (NYSEIA) estimates that up to 4.6 GW of viable community solar energy is currently being blocked at the local level by overly restrictive land use laws and regulations. Removing these barriers has the potential to double the state’s current solar energy capacity. In order to expand New York’s solar facilities, the Act limits regulations which currently create barriers to entry for local solar projects.
For instance, the Act would set standards for solar facilities including minimally restrictive setback, fencing, and noise level requirements. While municipalities would still be able to establish their own standards for solar facilities, they could not be more restrictive than what is set forth by the Act. Further, in locations where zoning allows for agricultural or industrial uses, the number of solar facilities allowed to be developed or operated could not be limited by zoning regulations. The Act would also limit moratoria preventing solar facilities to a maximum duration of six months where no solar law currently exists, and prevent moratoria outright where compliant solar laws currently exist.
Implications for Stakeholders
The Community SOLAR Act would have far-reaching effects on various stakeholders. For developers, its enactment would mean that more municipalities are available to host solar infrastructure, increasing development opportunities. It would also create more standardization within the sector and hopefully a more straightforward process. Local residents would also reap benefits. Facility developers would offer residents the right of first refusal for two months, providing them with the option to subscribe to these facilities before the offer is opened up to anyone else. Subscribing residents would be able to receive utility bill credits at a discounted rate, so long as the offer does not conflict with applicable rules and procedures for low-to moderate-income utility customers. The Community SOLAR Act would also create increased clean energy options for individuals who may not be able to set up their own solar infrastructure. While municipalities may feel restricted by this legislation, they would likely benefit from positive externalities such as the growth of local job markets and increased local tax revenue.
What Happens if the Act is Passed?
If passed, Bill S8119 would enact the Community SOLAR Act. Once in effect, municipal authorities would have 120 days to amend non-compliant zoning ordinances. New York’s Department of State would begin to enforce this Act through measures including the auditing of local laws. New York’s Department of Environmental Conservation would develop additional wetland regulations for solar facilities within 90 days, which the agency would periodically update.
Cuddy & Feder’s Land Use, Zoning & Development attorneys will continue to track the progress of Bill S8119, and can help you to understand how this may affect your community or development projects. Contact us if you have questions or if we can provide assistance as New York’s solar energy landscape evolves.
This article was authored by Summer Associate Megan Martucci.