New York S 8119: Enacts the community solar opportunity and local approval reform (Community SOLAR) act

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S08119 Summary:

BILL NOS08119A

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SAME ASSAME AS A09087

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SPONSORPARKER

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COSPNSRKAVANAGH, MAY

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MLTSPNSR

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Add §79, Gen Muni L

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

Go to top S08119 Actions:

BILL NOS08119A

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05/15/2025REFERRED TO LOCAL GOVERNMENT

09/10/2025AMEND AND RECOMMIT TO LOCAL GOVERNMENT

09/10/2025PRINT NUMBER 8119A

01/07/2026REFERRED TO LOCAL GOVERNMENT

Go to topS08119 Committee&nbspVotes:

Go to topS08119 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08119 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8119--A

 2025-2026 Regular Sessions

 IN SENATE

 May 15, 2025
 ___________

 Introduced by Sens. PARKER, KAVANAGH, MAY -- read twice and ordered
 printed, and when printed to be committed to the Committee on Local
 Government -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee

 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;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13087-03-5

 S. 8119--A 2

 1 (d) "authority having jurisdiction" means any municipal corporation
 2 with authorization to adopt zoning and permitting regulations governing
 3 the placement, construction, modification and/or operation of a distrib-
 4 uted generation energy facility within its borders. "Authority having
 5 jurisdiction" shall also include any agency of said municipal corpo-
 6 ration with authorization to issue land use approvals such as, inter
 7 alia, site plan approvals, special use permits, use variances, area
 8 variances, and subdivision authorizations;
 9 (e) "non-participating residence" means a residence that is located on
 10 non-participating property and that is existing and occupied on the date
 11 that an application for a permit to develop the distributed generation
 12 energy facility is filed with the authority having jurisdiction;
 13 (f) "occupied community building" means any one or more of the follow-
 14 ing existing buildings occupied on the date that the application for a
 15 permit to develop the distributed generation energy facility is filed
 16 with the authority having jurisdiction: a school, place of worship, day
 17 care facility, public library, or community center;
 18 (g) "participating property" means real property that is the subject
 19 of a written agreement between a facility owner and the owner of the
 20 real property that provides the facility owner an easement, option,
 21 lease, or license to use the real property for the purpose of const