BILL NUMBER: S270
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
providing an exemption from requirements for the alienation of parkland
for renewable energy generating projects
 
PURPOSE:
Provides an exemption from requirements for the alienation of parkland
for renewable energy generating projects.
 
SUMMARY OF PROVISIONS:
Section 1 amends the environmental conservation law by adding new
section 52-0908 allowing alienation of certain parklands to bypass the
procedure of getting an act from the legislature. This shall only apply
in relation to airspace directly above such real property and for the
construction, installation, and/or operation of a solar energy project
not to exceed two megawatts of generating capacity and which is located
above real property currently used for vehicle parking.
Section 2 states the effective date.
 
JUSTIFICATION:
Under current law, municipalities must request an act from the legisla-
ture to alienate parklands which includes airspace directly above real
property being used for vehicle parking. As New York State looks for
ways to implement the Climate Leadership and Community Protection Act
(CLCPA), interest in solar projects in the airspace above vehicle park-
ing has increased. Solar panels are known as a source of clean, renewa-
ble energy, which provides cost savings and generates revenue.
This bill will allow solar energy projects under 2 megawatts, located
directly above real property which are currently being used for vehicle
parking to bypass the procedure of requesting an act from the Legisla-
ture. Resulting in certain solar projects being replicated more effi-
ciently, saving time, and reducing carbon footprint.
 
LEGISLATIVE HISTORY:
2022-2024: S1179 - Passed Senate/Died in Environmental Conservation
2021-2022: S2995/A6838 - Passed Senate/Died in Environmental Conserva-
tion
2019-2020: S8635 - Passed Senate FISCAL IMPLICATIONS: None to the State.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to alienations of
parkland for renewable energy generating projects occurring on or after
such date.