Directs state building code council to study standardization of state and local building permits to facilitate increased use of solar and wind energy systems

BILL NUMBER:S4955B

Title of bill

An act to amend the executive law, in relation to directing the state fire prevention and building code council to examine, evaluate and make recommendations concerning the standardization of state and local building codes and permit processes for the purpose of facilitating installation of solar and wind energy generating systems

Purpose or general idea of the bill

Directs the State Fire Prevention and Building Code Council to study and report on standardization of local building permits and processes to facilitate increased use of solar and wind energy systems

Summary of provisions

In addition to its powers and duties, the State Fire Prevention and Building Code Council shall examine, evaluate and make recommendations concerning the standardization of the New York State uniform fire prevention and building code, and local building codes and permit processes for the purpose of facilitating and encouraging the installation and operation of solar and wind energy generating systems throughout the state and within the various municipalities of the state.

The State Fire Prevention and Building Code Council shall hold public hearings and shall consult with the solar and wind energy generating industry throughout the state in the course of its examination, evaluation and formation of recommendations pursuant to this act.

To the maximum extent feasible, the State Fire Prevention and Building Code Council shall be entitled to request, receive and use such facilities, resources and data of any department, board, bureau, commission or agency of the state or any political subdivision thereof as it may reasonably request to properly carry out its powers and duties.

The State Fire Prevention and Building Code Council shall submit a report to the governor, the secretary of state and the legislature of its findings, conclusions and recommendations and shall submit therewith such legislative proposals as it deems necessary to implement its recommendations.

Justification

In his Annual State of the State, Governor Paterson outlined his aggressive plan to meet 45% of New York State's electricity needs through clean renewable energy and improved energy efficiency by 2015. With the resulting increased amount of solar and wind installations expected across the state, local municipalities will often refer to the state uniform building and fire prevention codes when issuing building permits, only to find that few areas directly address the installation of these systems. In the absence of a clear direction in the building code, many permitting authorities develop their own interpretation of how the code applies to solar.

This renders the permitting process fractured, uneven and a deterrent to the growth of solar and wind in New York State.

Statistics provided by local utilities indicate a greater number of solar and wind installations in municipalities whose permitting processes have taken the red tape out of going green. The State Fire Prevention and Building Code Council will be able to put forth a recommendation of a more practical uniform building and fire code system based on current solar and wind technologies that utilize a standard structure of fees and requirements further encouraging increased solar and wind installations throughout the state.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately, and shall expire and be deemed repealed January 1, 2012.