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S1072Senate2015-2016 SessionSame asA46

Prohibits the shading of solar energy devices on adjacent property by landscaping

Sponsor Martin J. GoldenSD-22Affects Legal
Status
Stricken
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Who cares

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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A46Assembly

Prohibits the shading of solar energy devices on adjacent property by landscaping

In Assembly Committee · Judiciary · Sponsor Nily Rozic

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S1072 REVISED 1/9/2015

Title of bill

An act to amend the real property law, in relation to prohibiting the shading of solar devices on adjacent property by landscaping

Purpose

To prohibit the shading of more than 10% of a solar collector of solar devices on adjacent properties by landscaping between the hours of 10AM and 2PM local standard time.

Summary of specific provisions

Section I amends the real property law by adding new article 16 which provides what would be classified as a solar collecting device. It also covers the violations and penalties. Thirty day written notice, delivered by personal service or certified mail, is needed before any action is taken. If the violation is not cured within that thirty day time-frame, court action can be filed. The court is allowed to impose fines and damages not to exceed one thousand dollars.

Section II sets forth the effective date.

Justification

With the need for renewable resources growing in New York, it is imperative that the protection of collecting solar energy is recognized. New York should promote all feasible means of energy conservation and all feasible uses of alternative energy. If a person buys a solar collecting unit and is prohibited from its full use, due to the planting of a shrub or tree subsequent to its installation, it must be recognized that the quality of use and the utility of the product is diminished. This law would grant the power and ability of municipalities to understand the needs of their neighbors by granting them the option of opting out of the law.

By ensuring the use of a solar collecting unit during the peak hours for collection, there is a protection granted to the collection of solar energy and a promotion of alternative energy supply sources.

Legislative history

New bill.

Fiscal impact

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.