Provides an exemption from requirements for the alienation of parkland for renewable energy generating projects in the county of Westchester with a generating capacity not exceeding two megawatts and which are located above real property that was established and used for vehicle parking.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10226
SPONSOR: Rules (Levenberg) 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 in the county of Westchester
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to provide an exemption from require-
ments for the alienation of parkland for certain renewable energy gener-
ating projects in Westchester County only.
SUMMARY OF PROVISIONS:
SECTION 1. A new section 52-0908 is added to the Environmental Conserva-
tion Law: RESTRICTION ON ALIENATION EXEMPTION IN WESTCHESTER COUNTY;
RENEWABLE ENERGY GENERATING PROJECTS. This will allow for the alienation
of certain parklands within Westchester County without going to the
state legislature. This applies solely to the airspace directly above
real property located in the county of Westchester, that was used for
vehicle parking prior to the effective date of this section, and only
for the purpose of constructing, installing and/or operating solar ener-
gy project that will not exceed two megawatts of generating capacity.
SECTION 2. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable at this time.
JUSTIFICATION:
Under current law, municipalities must request an act from the legisla-
ture to alienate parklands, including the airspace directly above real
property that is being used for vehicle parking. As New York State looks
for ways to implement the Climate Act, interest in solar projects in the
airspace above vehicle parking has increased. Solar panels are known as
a source of cleaner, renewable energy, which provides cost savings and
generates revenue.
This bill will bypass the procedure of requesting an act from the Legis-
lature when allowing solar energy projects under 2 megawatts to be
located directly above real property that is currently being used for
vehicle parking, resulting in certain solar projects being replicated
more efficiently, saving time and further reducing our carbon footprint.
This legislation was requested by the county of Westchester and
supported by municipalities within.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications associated with the passage of this
legislation.
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to alienations of
parkland for renewable energy generating projects in the county of West-
chester occurring on or after that date.
STATE OF NEW YORK
________________________________________________________________________
10226
IN ASSEMBLY
May 14, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Levenberg)
-- read once and referred to the Committee on Environmental Conserva-
tion
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 in the county of West-
chester
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 in Westchester county;
4 renewable energy generating projects.
5 Notwithstanding section 52-0907 of this title, real property acquired,
6 developed, improved, restored or rehabilitated by a municipality within
7 the county of Westchester pursuant to subdivision four of section
8 52-0901 of this title with funds made available pursuant to this title
9 may be sold or disposed of or used for other than public park purposes
10 without the express authority of an act of the legislature, and when
11 such sale or disposal occurs it:
12 1. applies only to the sale or disposal or rights to airspace directly
13 above such real property; and
14 2. is for the construction, installation and/or operation of a solar
15 energy project not to exceed two megawatts of generating capacity and
16 which is located above real property that was established and used for
17 vehicle parking prior to the effective date of this section.
18 § 2. This act shall take effect immediately and shall apply to alien-
19 ations of parkland for renewable energy generating projects in the coun-
20 ty of Westchester occurring on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15514-02-4
