May 2023

New York Solar Guidebook

for Local Governments
New York Solar Guidebook
Assisting local governments across New York State in navigating
and managing solar energy development in their communities.
The New York Solar Guidebook is a compilation of information, tools, and step-by-step instructions
to support local governments with the development, installation, and maintenance of solar energy
projects in their communities. This guide covers the most pressing issues in New York State’s solar
market today, addressing topics such as:
• Understanding the basics of solar energy technology, equipment, and terminology
• Understanding the permitting and inspection process for solar photovoltaic (PV) installations
through the New York State Unified Solar Permit. This section has been updated to incorporate
the 2020 NYS Uniform Fire Prevention and Building Code (Uniform Code)
• Rooftop access and ventilation requirements for residential and nonresidential solar
installations. This section has been updated to incorporate the 2020 NYS Uniform Code
• Step-by-step instructions on completing a State Environmental Quality Review (SEQR)
for solar projects
• New York State’s Real Property Tax Law Section § 487
• Payment-in-Lieu-of-Taxes (PILOT) Agreements for community solar projects larger than 1 MW
• Land-use tools for siting solar while protecting farmland
• Navigating solar installations on agricultural lands
• Decommissioning solar energy systems
• Using the Model Solar Energy Local Law to assist in drafting local solar laws and regulations
for your community
• Leasing underutilized municipal land for solar development through the Municipal Solar
Procurement Toolkit
You can download specific chapters of the New York Solar Guidebook at
nyserda.ny.gov/SolarGuidebook.
NYSERDA offers free technical assistance to local governments implementing the
Guidebook’s policies and best practices. The NYSERDA team will work one-on-one with local
governments to address solar permitting, zoning, property taxes, SEQR, or any other issues
regarding solar projects. Local government officials can request free technical assistance at
nyserda.ny.gov/SolarGuidebook or email questions to [email protected].
The NYSERDA team looks forward to partnering with communities across the State to help them
meet their solar energy goals.

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New York
Solar Guidebook
Table of
Contents
2 Acronyms

3 Solar Basics and Frequently Asked Questions

17 Solar PV – Permitting and Inspecting

81 Roof Top Access and Ventilation

97 State Environmental Quality Review (SEQR) for Solar

125 New York State’s Real Property Tax Law § 487

129 Solar Payment-In-Lieu-Of-Taxes (PILOT)

131 Solar Installations on Agricultural Lands

155 Landowner Considerations for Solar Land Leases

161 Decommissioning Solar Panel Systems

167 Model Solar Energy Local Law

201 Municipal Solar Procurement Toolkit

NYSERDA offers objective information and analysis, innovative programs, technical expertise, and support to help New Yorkers increase energy
efficiency, save money, use renewable energy, and reduce reliance on fossil fuels. NYSERDA professionals work to protect the environment and
create clean energy jobs. A public benefit corporation, NYSERDA has been advancing innovative energy solutions since 1975.

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Acronyms
The following acronyms are used frequently throughout this Guidebook.

AC - Alternating Current
AHJ - Authorities Having Jurisdiction
CEQR - City Environmental Quality Review
DC - Direct Current
EAF - Environmental Assessment Form
EIS - Environmental Impact Statement
EGC - Equipment Grounding Conductor
FEAF - Full Environmental Assessment Form
GEC - Grounding Electrode Conductor
NEC - National Electrical Code
NYSDEC - New York State Department of Environmental Conservation
NYSERDA - New York State Energy Research and Development Authority
DEP - NYC Department of Environmental Protection
OCPD - Overcurrent Protective Device
ORES - Office of Renewable Energy Siting
PILOT - Payment-in-Lieu-of-Taxes
RPTL - Real Property Tax Law
REV - Reforming the Energy Vision
PV - Photovoltaic
SEQR - State Environmental Quality Review

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 Solar Basics and
Frequently Asked Questions
Understanding the basics of solar energy technology,
equipment, and terminology.

Solar Guidebook for Local Governments

NYSERDA 17 Columbia Circle Albany, NY 12203

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Section Contents
2.3 Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2.3.1 Are solar panels toxic?. . . . . . . . . . . . . . . . . . 13
2.3.2 Can solar panels break and
1. Solar Basics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 release toxic materials?. . . . . . . . . . . . . . . . . 13
1.1 Solar PV Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2.3.3 Do solar panels affect water
1.2 Solar Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 runoff at the site?. . . . . . . . . . . . . . . . . . . . . . . 13
1.3 System Components . . . . . . . . . . . . . . . . . . . . . . . . . 7 2.3.4 Should we be worried about
1.3.1 Modules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 electromagnetic fields (EMF)
1.3.2 Inverter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 associated with solar? . . . . . . . . . . . . . . . . . . 14
1.3.3 Balance of System Components. . . . . . . . . 8 2.3.5 Do solar panels create glare?
1.3.4 Racking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 I’m worried about the visual impacts
1.3.5 Conductors. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 for my town and aviation.. . . . . . . . . . . . . . . . 14
1.3.6 Raceway (Conduit) . . . . . . . . . . . . . . . . . . . . . 9 2.3.6 Do solar panels create high ambient
temperatures in their surroundings?. . . . . . 14
1.3.7 Battery Backup . . . . . . . . . . . . . . . . . . . . . . . . 9
2.3.7 Does the fire department need special
1.4 Net Metering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
equipment to handle solar panel fires?. . . . 14
1.5 Financial Considerations . . . . . . . . . . . . . . . . . . . . 10
1.5.1 Incentives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2.3.8 Are solar panels recyclable?. . . . . . . . . . . . . 14
1.5.2 Purchase Types. . . . . . . . . . . . . . . . . . . . . . . . 10 2.3.9 Do solar PV systems generate noise?. . . . 14
2.3.10 How are endangered
2. Frequently Asked Questions . . . . . . . . . . . . . . . . . . . 10 species protected?. . . . . . . . . . . . . . . . . . . . . 15
2.1 Project Revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2.3.11 Do solar panels contribute
2.1.1 What is the difference between a to bird loss? . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
“Large-Scale Renewable” project and a
“Distributed Energy Resource” project?. . . 10
2.1.2 What are Renewable Energy Certificates?
Do All Projects Qualify?. . . . . . . . . . . . . . . . . 11
2.1.3 How do large-scale solar projects
make money? . . . . . . . . . . . . . . . . . . . . . . . . . 11
2.1.4 What is the Investment Tax Credit?. . . . . . . 11
2.2 Local Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2.2.1 What is RPTL §487? . . . . . . . . . . . . . . . . . . . . 11
2.2.2 What are PILOTs and Host
Community Agreements? . . . . . . . . . . . . . . . 12
2.2.3 Why should solar projects
receive tax breaks?. . . . . . . . . . . . . . . . . . . . . 12
2.2.4 Is solar a good use of farmland? . . . . . . . . . 12
2.2.5 My region is often overcast
or cloudy. Does solar really make
sense in New York? . . . . . . . . . . . . . . . . . . . . 12

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1. Solar Basics
An introduction to the common equipment and terminology used in solar
technology. Topics of discussion include solar PV systems, solar terms,
system components, net metering and financial considerations with regards
to solar development.

1.1 Solar PV Systems

Solar electric systems convert the energy in sunlight into
Solar Electric Panels convert electrical current, which can power electric loads, be fed back
sunlight to DC electric power to the electric grid, or be stored in batteries. All solar electric
systems consist of the same basic components but vary widely
in terms of size and complexity. This tool focuses on utility grid-
tied residential solar PV systems under 25 kW in size. Solar
electric systems should not be confused with solar thermal
systems, which are a separate technology that captures the
sun’s thermal energy to heat water and air.
When sunlight strikes a solar electric array, electrons in the
array are agitated into motion, creating direct current (DC). The
electrical current flows along conductors from the array to an
Electrical Panel inverter. The inverter transforms the DC into alternating current
Inverter (DC to AC) (AC), which powers most common electrical appliances. The
AC flows through conductors to the site’s electric service panel,
Electricity Meter and then to individual branch circuits and loads. If the solar PV
system is grid-tied (connected to the electric grid) and produces
Excess electricity produced by the
solar electric system goes into
more electricity than is used at the site, the excess current is
the utility grid where others can use it. pushed back into the utility grid. This basic description of a solar
electric system applies to most installations.
Most of New York’s solar PV installations are residential, utility grid-tied, and do not include battery storage. They are typically
roof-mounted and range from 4 to 10 kW. New York State’s Standardized Interconnection Requirements (SIR; www3.dps.
ny.gov/W/PSCWeb.nsf/All/DCF68EFCA391AD6085257687006F396B) allow residential solar PV systems up to 25 kW.

1.2 Solar Terms

The following terms are frequently used when discussing solar energy and associated technologies.
Alternating current: AC describes one type of electric charge flow. The AC stream of charges periodically reverses itself,
whereas direct current (DC) describes a stream of electrons that moves in one direction only. AC is the standard electric
current for power grids worldwide. Solar electric cells capture particles of light and convert them into DC electricity. An
inverter translates DC into AC for consumers to use in their homes and businesses.
Ampere: Abbreviated as amp, this unit is used to measure electric current.
Balance-of-system: BOS costs refer to the costs of all aspects of a solar PV installation, except the cost of the modules and
inverters. BOS costs include all wiring and miscellaneous materials, along with soft costs, such as time and administrative
costs associated with selling and signing a contract, system design and permitting, installation labor costs, inspections, travel
to and from the installation site, and other costs of doing business. These costs account for as much as 50 percent of the total
solar PV system installation. New York State has focused on reducing BOS costs to reach its goal of installing 6 gigawatts of
solar by 2025.

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Direct current: DC describes the direct, constant flow of electricity. Unlike AC, DC does not periodically reverse direction. A
solar PV system comes equipped with an inverter that converts DC into AC, the standard electric current for power grids in
the United States.
Energy payback: Gauges how long it will take to recover the energy originally required to manufacture a solar PV system.
Because most solar PV systems last 20 – 25 years, there is a pronounced net environmental benefit over the system’s life
span. The U.S. Department of Energy estimates an energy payback of 1-4 years for rooftop solar PV systems. The original
energy used is often referred to as embedded energy.
Feed-in tariff: FITs are long-term generation contracts that have favorable terms designed to encourage the production of
renewable energy by individuals and businesses. FITs are typically offered for long periods of time, such as 10, 15, or
20 years.
Inverter: A key component of any solar PV system that converts direct current (DC) electricity into alternating current (AC)
electricity, which is the standard current in the United States.
Kilowatt: kW is a unit of measure that equals 1,000 Watts and is the main mechanism for measuring the size or capacity of a
solar PV system. The Watt is named after Scottish inventor and mechanical engineer James Watt (1736 – 1819).
Kilowatt-hour: 1 kWh is equivalent to the electricity generated or consumed at a rate of 1,000 Watts over the period of one hour.
Net metering: A common feature of grid-connected solar PV systems whereby excess electricity produced by a solar array
is fed back into the utility grid. System owners can earn credits on future energy bills for the excess electricity their systems
generate. The credits can then be used later when homeowners need power from the local utility, such as at night or on
cloudy days.
Power purchase agreement: PPAs are becoming a popular way for homeowners to take advantage of solar power without
the financial responsibility associated with installation costs. Under the agreement, a third party installs the solar PV system
and the homeowner agrees to buy the electricity (kWh) it generates, typically at a rate lower than what the utility offers.
Photovoltaic: PV technology converts solar energy into direct current electricity. The technology uses semiconducting
materials that exhibit the photovoltaic effect, a naturally occurring phenomenon in which photons of light emitted from the sun
knock electrons off their valence shell into a higher state of energy, creating electricity. A solar PV system uses solar panels,
which are composed of a number of solar (PV) cells, to convert sunlight directly into electricity.
Photovoltaic cells: PV cells are thin layers of semiconducting material that are usually made of silicon. When the silicon is
exposed to light, an electrical charge is generated. Solar (PV) cells form the basis of a solar PV panel, which together make
up a solar PV system.
Remote net metering: A variation on net metering whereby a solar PV system’s production is credited to an electricity
consumer(s) located at a different physical site.
Solar photovoltaic (PV) systems: A technology that converts sunlight directly into electricity. A PV system is made up of solar
modules (panels), which are made up of solar cells.
Solar thermal systems: A technology that uses sunlight to heat water or air. In contrast to a solar PV system, a solar thermal
system uses mirrors to concentrate sunlight to produce heat.

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1.3 System Components
1.3.1 Modules
A solar PV module or “solar panel” is an electrical generation device that produces DC current when exposed to sunlight.
Most modules consist of 60-72 small, conjoined solar cells, an aluminum frame, and a tempered glass front piece. Modules are
roughly three feet by five feet and are mounted in either a portrait (a vertical rectangle) or landscape orientation (a horizontal
rectangle). In monocrystalline modules, individual cells are made from single pieces of silicon. Polycrystalline modules feature
cells made from multiple pieces of silicon.
Installers wire together multiple modules to combine their voltage. Multiple strings of modules can be combined to add their
current (amperage).
The size of solar PV systems is typically given in rated DC capacity at standard test conditions (STC). For example, a
system with 10 modules rated at 300 Watts each is a 3,000-Watt (3 kilowatt) system. Most solar PV modules come with a
manufacturer’s production warranty of 25 years and are expected to have a useful life of approximately 30 years.

A SolarWorld Polycrystalline module (left) and a SunPower Monocrystalline module (right)

Source: SolarWorld and SunPower

1.3.2 Inverter
All utility grid-tied solar PV systems have at least one inverter, which converts DC to AC. Most residential solar PV systems
have one or two string inverters, which are connected to one or more strings of modules. Inverters are generally mounted
vertically on basement, garage, or exterior walls, and can be located indoors or outdoors.
Microinverters are a special type of inverter that are mounted on the underside of individual solar PV modules. Unlike string
inverters, each microinverter services only 1-2 modules, which permits greater flexibility in system design.
Most solar PV professionals describe system size in terms of module capacity (kilowatts DC), whereas most electric utilities
refer to system size by inverter capacity (kilowatts AC).

A Fronius String Inverter (left) and an Enphase Microinverter (right)

Source: Fronius and Enphase

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1.3.3 Balance of System Components
“Balance of system” (BOS) generally refers to all equipment in a solar PV installation except the modules and inverter.
(Occasionally, inverters are included in the term.) BOS components include racking, conductors, conduit, disconnects, fuses,
mounting hardware, combiner boxes, and occasionally batteries.

BOS Components: A Square D Fusible AC Disconnect (left) and a MidNite Solar Rapid Shutdown Device (right)
Source: Square D and MidNite Solar

1.3.4 Racking
Most solar PV arrays are mounted to roofs using specially-designed aluminum racking systems. Typically, L-shaped brackets
are connected to the roofing members of a house with lag bolts. Long aluminum rails are bolted onto the L-feet, and individual
modules are attached to the rails with clamps. All roof penetrations must be flashed to prevent leaks and roof damage1, and the
system designer must ensure that the roof is structurally strong enough for the additional load of a PV system. Any necessary
replacement or repair work on a roof must be done prior to the installation of the solar PV system.

A Solar Electric Racking System Detail of an L-Foot with a SnapNrack Flashing

System designers may choose to use a ballast mounting system on flat roofs. Instead of using lag bolts to anchor the racking
to the building’s structural members, heavy concrete blocks weigh down the array. Ballasted systems are less likely to create
leaks in the roof membrane but add substantial weight and may be too heavy for some roofs.
Solar electric arrays are also commonly ground-mounted. Arrays can be mounted on racking directly on the ground, or
atop a metal pole. As with roof mounts, metallic racking must be bonded (made electrically continuous to provide a path for
fault currents). When designing a ground-mounted system, the designer must account for soil conditions. Voltage drop is a
concern for ground mounted systems, which often have long conductor runs.
Ground-mounted solar PV arrays sometimes include tracking equipment, which rotates the array throughout the day to follow
the sun’s trajectory. Tracking may occur along one or two axes. The additional energy produced by these systems must be
weighed against their additional cost, complexity, and maintenance.

1
Section 1503.2 of the International Building Code, Section 903.2 of the International Residential Code.

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1.3.5 Conductors
Conductors (wire) coming from the modules are typically factory-assembled “PV Wire” with a factory-formed termination (see
NEC 690.31). These factory leads are labeled “PV Wire” or “Type USE-2” and are rated to withstand all weather conditions.
They are then spliced with standard building wire, using appropriate connectors and enclosures. The standard building wire
is installed in raceway (conduit) to its next point of connection. Under certain conditions, conductors may be direct burial or
part of a cable assembly. NEC 690.32 and NEC 310 provide guidance on allowable conductor types and methods.
The maximum allowable voltage for residential solar PV systems is 600 volts DC, but nonresidential systems may run up to
1,000 volts DC (NEC690.7(C)). Conductors must be protected from accidental contact. When exposed, they must be installed
in raceway (such as conduit), or otherwise rendered inaccessible. For example, the exposed conductors on the back side of a
ground-mounted array must be guarded or located at least eight feet above ground.

1.3.6 Raceway (Conduit)

Raceway includes conduit, boxes, fittings, and enclosures that provide a pathway and protection for individual conductors. All
raceway systems must be suitable for the environment in which they are installed. All metal raceways must be bonded to form
part of the equipment grounding conductor.
All DC conductors that enter a structure must be installed in a metal raceway NEC 690.31(G) or MC cable that meets NEC
250.118(10). Flexible and nonmetallic conduits may be permitted under certain conditions. In addition to NEC 690, refer to
Chapter 3 of the NEC for types of permitted conduits and uses.

1.3.7 Battery Backup

Most residential solar PV systems are utility grid-tied, but do not include a battery backup system. In the event
of a blackout or grid failure, such solar PV systems de-energize and do not function until grid power is restored,
as required by NYS’ Standardized Interconnection Requirements (SIR; www3.dps.ny.gov/W/PSCWeb.nsf/All/
DCF68EFCA391AD6085257687006F396B).
Off-grid (“stand-alone”) solar PV systems are not connected to the grid. Solar PV output is stored in a battery bank, which
provides power to the site’s electric loads. In addition to a battery bank, these systems include one or more charge
controllers, which determine the amount and rate of power that can be stored and drawn from the battery bank.
Battery-backup solar PV systems are utility grid-tied and include a battery system that is used in the event of grid failure. Due
to the high cost and additional complexity, battery backup on solar PV systems is currently rare. Section 690.71 of the NEC
contains additional requirements for solar PV systems with batteries.

1.4 Net Metering

Solar electric systems are a distributed generation (DG) technology that currently qualifies for net metering in New York State.
Any power produced by a solar PV system that isn’t consumed on-site is pushed into the utility grid. The solar PV system
owner receives a credit for this production on their monthly utility bill. Utilities typically install a meter at solar PV sites, which
tracks the amount of electricity taken from and fed into the grid. The site owner is billed for only the net electricity consumed.
Nonresidential solar PV systems can credit their production to off-site electric accounts through remote net metering, but this
type of arrangement is outside the scope of this document.

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1.5 Financial Considerations
Most homeowners view the installation of a solar PV system as a financial investment. Over time, the power it produces
generates savings on their electric bills.

1.5.1 Incentives
Although the costs of residential solar PV systems have fallen significantly in recent years, they still typically cost tens of
thousands of dollars. The project cost includes the modules, inverters, balance of system components, and “soft costs,” such
as installation and administrative labor, customer acquisition, and engineering.
Several incentives make projects more affordable for homeowners. NYSERDA’s NY-Sun Incentive Program administers a
step-down megawatt block incentive program.2 Visit the NY-Sun Program Site for the most up-to-date information regarding
available incentives. For information regarding tax credits, we encourage you to speak with a tax accountant.
Other incentives may exist at the local level, including real property tax exemptions, and a real property tax abatement
program in New York City. Unlike most residential home improvements, most solar PV installations in New York State do not
increase the taxable value of a home.3 However, local governments can opt out of this exemption. One excellent resource to
navigate incentives is www.dsireusa.org. Customers should consult a tax advisor to determine their eligibility for tax credits.

1.5.2 Purchase Types

Many homeowners choose to buy a solar PV system with cash, or by taking out a loan. As the system owners, they can apply
for all applicable tax credits. Installation companies typically offer a 5 to 10-year warranty, and some manufacturers offer
extended warranties. An increasing variety of loans are available to help customers finance the purchase of solar PV systems.
Leasing a solar PV system is another common option. With this model, a third-party company (often the installation contractor)
is responsible for installing, operating and maintaining a solar PV system at the customer’s site. Customers sign long-term
leases (typically 20 years) and make monthly payments to the company that owns the solar PV system. In return, customers
receive all electricity produced by the system. At the end of the lease term, the homeowner typically has the option of
renewing the lease, purchasing the equipment at fair market value, or having the system owner remove the equipment. The
company that owns the solar PV system receives most of the tax benefits.
A third option is a power purchase agreement (PPA). It is similar to a lease, but instead of paying a flat monthly fee, customers
pay for the amount of electricity actually produced by the solar PV system.

2. Frequently Asked Questions

2.1 Project Revenue
2.1.1 What is the difference between a “Large-Scale Renewable” project and a
“Distributed Energy Resource” project?
Solar energy projects in New York State are divided into two general categories; large-scale renewables (LSR) and distributed
energy resources (DER). LSR projects, also known as “utility-scale solar,” are typically larger than 5 MWac, and are built with
the primary purpose of supplying wholesale electricity to the grid. A DER project is typically 5 MWac or less and must have a
customer(s), known as the “offtaker,” to purchase the electricity. Most DER projects are community solar projects, residential/
commercial rooftop solar projects, or small ground mounted solar.

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https://www.tax.ny.gov/research/property/assess/manuals/vol4/pt1/sec4_01/sec487.htm

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2.1.2 What are Renewable Energy Certificates? Do All Projects Qualify?
A renewable energy certificate (REC) is a certificate created by a tracking system, such as the New York Generation Attribute Tracking
System (NYGATS), that represents the environmental attributes of one megawatt hour of electricity generated from a renewable source
like solar or wind. A typical New York household requires about seven megawatt hours of electricity to be powered for a full year.
RECs are used to substantiate environmental claims related to renewable energy use, such as for compliance with a State-mandated
renewable compliance program, or for voluntary claims such as a climate action pledge. As such, RECs provide a tradable, traceable
means for claiming the benefits of renewable electricity generation. In New York, under the Order Adopting the Clean Energy Standard,
only eligible large-scale renewable facilities are able to generate Tier 1 RECs.1 DER projects are compensated for environmental
attributes under a separate compensation mechanism known as the environmental or “E” component of the VDER value stack.

2.1.3 How do large-scale solar projects make money?

Large-scale solar projects rely on two main streams of income to generate revenue and continue operations: 1. the sale of
electricity generated by the renewable generator, typically either sold in the NYISO market (wholesale) or sold to an offtaker
under a contract called a power purchase agreement, which compensate projects based on the power they generate, and
2. the sale of RECs to NYSERDA or another offtaker, which provides compensation for the project’s environmental attributes.
Through annual Renewable Energy Standard solicitations, NYSERDA seeks to purchase eligible RECs from renewable energy
projects under long-term contracts to provide these projects with a predictable revenue stream via selling their RECs. Once
a project is operational and transfers RECs to NYSERDA, they can then be sold to Load-Serving Entities, such as utilities,
for compliance under the Clean Energy Standard. By providing a contract to renewable energy developers to purchase
RECs from the projects they have built or plan to build, developers are granted financial security for their projects and, once
operational, the RECs can be used by utilities to comply with environmental standards. It is important to note that projects do
not receive payments from NYSERDA until they are operational and producing energy.2

2.1.4 What is the Investment Tax Credit?

Initially implemented in 2005, the Investment Tax Credit (ITC) is an important federal policy mechanism that has propelled
the growth of solar across the United States. Section 48 of the Internal Revenue Code of 2006 (as amended) allows project
owners or investors to be eligible for the federal business energy ITC for installing designated renewable energy generation
equipment. The ITC allows project owners to apply a percentage of the project’s engineering, procurement, and construction
costs (such as the panels, inverters, and racking equipment) as a credit towards their income taxes. The ITC is a one-time
dollar-for-dollar reduction, and does not cover interconnection or some other “soft” development and financing costs. The
current ITC rate is set at 26% in 2020 and is scheduled to step down to 22% in 2021 and 10% in 2022. The ITC has been
subject to frequent changes as energy policies have evolved. It is possible that the ITC may be modified or extended.

2.2 Local Benefits

2.2.1 What is RPTL §487?
New York State Real Property Tax Law (RPTL) Section §487 provides a 15-year exemption from real property taxation for
renewable energy systems, including solar. This statute only applies to the value that a solar electric system adds to the
overall value of the property; landowners with an installed renewable energy system continue to pay property tax on their
homes and land. Property owners must also continue to pay special district taxes (such as a fire district tax payment, but
could also include a library, sewer, water, or ambulance tax ). The exemption has been a cornerstone of the State’s efforts to
meet its clean energy goals, providing essential economic incentives for solar. Local taxing jurisdictions do have the option
to opt out of RPTL §487 and make the system fully taxable; however, projects may not be financially viable at full taxation. If a
jurisdiction opts out of RPTL §487, it must opt out for systems of all sizes, not just large-scale, and must file copies of the local
law opting out of RPTL §487 with both the New York Department of Taxation and Finance and NYSERDA.

1
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2
https://www.nyserda.ny.gov/All-Programs/Programs/Clean-Energy-Standard/REC-and-ZEC-Purchasers

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2.2.2 What are PILOTs and Host Community Agreements?
If a taxing jurisdiction does not opt out of RPTL §487, it may enter into a payment-in-lieu-of-taxes (PILOT) agreement – an
annual payment which replaces a portion of the property tax revenue a project would have otherwise generated. A PILOT
cannot exceed the value of taxes that would be paid without the exemption. In order to negotiate a PILOT agreement,
taxing jurisdictions must notify solar developers of their intent to require a PILOT within 60-days after being notified of
the developer’s intent to construct a project in their community. PILOT payments can also be paired with Host Community
Agreements (HCAs), which provide certain benefits directly to the municipality hosting the project, and can be uniquely
adapted for each municipality. Unlike PILOTs, which are typically distributed with constraints similar to tax revenue, HCAs are
flexible and can be allocated as the host community sees fit.

2.2.3 Why should solar projects receive tax breaks?

Even while receiving an exemption under RPTL 487, a solar project can generate economic benefits in a community by
growing the tax base, creating jobs, and generating supplemental income for farmers and landowners. Solar development
can take place on existing or abandoned commercial sites, brownfields, landfills, agricultural lands, former industrial sites, and
otherwise underutilized sites. Often, this land is generating minimal or no income for the municipality. By choosing to develop
solar on this land, municipalities can turn underutilized sites into valuable and revenue-generating land, with the flexibility to
direct PILOT payments or HCAs where the need is greatest. Full taxation typically discourages solar project development,
and would cause communities to miss out on opportunities to fund local infrastructure and public services. Once installed,
renewable energy systems do not create significant increased demands on municipal services or infrastructure, so PILOT
payments usually provide a net benefit to the host community.

2.2.4 Is solar a good use of farmland?

While local governments can implement zoning laws to protect their most productive farmland, solar can be developed on
farmland in a way that maintains the current economic benefits to the community and preserves prime farmland. In addition,
solar projects can be designed with co-use in mind, as developers are more proactively designing project layouts that include
fencing and water access for sheep, pollinator friendly landscaping for honey production, and compatible native vegetation
for soil and water erosion prevention. When solar is developed on farmland, it often supplies the landowner with significantly
higher income than they would have received without solar on the land, and can support the continuation of agricultural
practices on farms with distressed economics, including ensuring that farms retain local ownership. As such, the local
community benefits from PILOTs, HCAs, and land lease payments. These lease payments can provide farmers with 20 years
or more of guaranteed financial security, diversifying their income while preserving the land for future use. Unlike alternative
types of development, such as residential construction, after decommissioning at the end of a solar energy system’s useful
life, agricultural land can be returned to its original state and farming may resume.
In many instances, even while supporting solar, the land can continue to be used for agricultural operations such as
livestock grazing, beekeeping, cultivation of certain crops, or planting of pollinator-friendly vegetation under and around
the panels. New York has seen an emergence of solar projects that incorporate wildflowers and native plants to support
bees, hummingbirds, and insects, and which may increase the future productivity of soil. Increasing the habitat for pollinators
supports agricultural production and is great for New York’s food supply.3 Other options include planting shade-tolerant crops
and elevating solar panels to allow farm equipment to pass safely underneath.4

2.2.5 My region is often overcast or cloudy. Does solar really make sense in New York?
Yes! It is a common misconception that solar only works well in climates where there is abundant sunshine. Solar panels
do not require perfectly sunny weather to generate electricity, and modern solar resource datasets allow developers to
accurately estimate the amount of sunshine at a given location. Solar photovoltaic (PV) technology continues to become
more efficient, enabling solar projects to generate in the absence of strong, direct sunlight, and increasing the viability of
project locations throughout New York. Additionally, the cooler temperatures in New York actually make panels more efficient.
Combined with the strong demand for renewable energy throughout New York, availability of suitable land, and supportive
policies, solar makes sense in most areas of New York State.5

3
“New York State's First Pollinator-Friendly Solar Farm.” Cypress Creek Renewables, ccrenew.com/news/jefferson-solar-ribbon-cutting/.
4
“ Overview of Opportunities for Co-Location of Solar Energy Technologies and Vegetation.” National Renewable Energy Laboratory,
www.nrel.gov/docs/fy14osti/60240.pdf.
5
Bobby Magill Follow “Rooftops in Cloudy Places Could Be Solar Gold Mines.” Climate Central, 15 Apr. 2016,
http://www.climatecentral.org/news/cloudy-places-could-be-solar-gold-mines-20253.

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2.3 Safety
2.3.1 Are solar panels toxic?
Solar panels largely consist of widely-used and non-toxic components, including an aluminum frame, tempered glass, and
various common plastics. The most common type of solar panel consists of crystalline silicon PV cells which generate
electricity when exposed to light. These non-toxic crystalline silicon cells consist almost entirely of silicon, one of the most
common elements in the Earth’s crust.6
Cadmium-based thin-film solar panels are the second most common type of panel (accounting for less than 15% worldwide),
however NYSERDA is not aware of any of these installations currently in New York.7,8 While cadmium is toxic, the form of
cadmium used in these types of solar panels is cadmium telluride (CdTe), which has 1/100th the toxicity of elemental cadmium.
When a CdTe panel is exposed to fire, the glass panels absorb the cadmium such that more than 99.9% of the cadmium is
stored in the glass itself and not released into the environment. CdTe panels have also passed the EPA’s Toxic Characteristic
Leaching Procedure test, which tests the potential for crushed panels in a landfill to leach hazardous substances into
groundwater.
Some minor system components, including solder, may contain toxic chemicals at extremely low concentrations. Analysis
performed by the North Carolina Clean Energy Technology Center did not find a potential toxicity threat from leaching, even
in worst case scenarios (hurricane, fire, tornado, etc.), indicating an insignificant threat to human health and the environment.
Release of toxic chemicals from other solar system equipment including inverters, racking, and cabling is also unlikely as solar
installations must conform to state fire safety and electric codes, and they pose little or no risk of contaminating the soil or
ground water.

2.3.2 Can solar panels break and release toxic materials?

The most common solar panel failure modes include glass breakage and various failures of internal electrical connections,
neither of which would typically result in the release of any materials to the environment. Solar panels are constructed
primarily of silicon or cadmium telluride, tempered glass, and metals. Similar to a car windshield, when solar panels
experience a catastrophic event, the panels typically stay fully intact, thus not releasing any materials into the environment.
Additionally, reputable solar panel manufacturers will ensure that their equipment is certified to applicable performance
and safety standards including those established by the International Electrotechnical Commission (IEC) and Underwriters
Laboratory (UL).

2.3.3 Do solar panels affect water runoff at the site?

Federal, state, and local rules are in place to ensure that solar arrays are installed in ways that protect public water supplies,
wetlands, and other water resources. Rooftop solar systems have little to no effects on the direction or flow of water. Ground-
mounted systems will be designed to manage runoff using deep-rooted vegetation such as “pollinator-friendly” grasses and
wildflowers, pervious pavement, or topographical features such as berms, swales, or retention ponds, which can provide a
net water quality benefit.
Various state agencies also maintain requirements and relevant guidance on this topic:
• The Department of Environmental Conservation’s State Pollutant Discharge Elimination System (SPDES) website details
permit requirements for stormwater discharge.9
• The Department of Agriculture and Markets’ Guidelines for Solar Energy Projects includes guidance related to drainage
for solar installations on agricultural lands.10

6
“Health and Safety Impacts of Solar Photovoltaics.” NC Clean Energy Technology Center, May 2017, ncsolarcen-prod.s3.amazonaws.com/wp-content/
uploads/2017/10/Health-and-Safety-Impacts-of-Solar-Photovoltaics-2017_white-paper-1.pdf.
7
https://data.ny.gov/Energy-Environment/Solar-Electric-Programs-Reported-by-NYSERDA-Beginn/3x8r-34rs
8
“Crystalline Silicon Photovoltaics Research.” Energy.gov, https://www.energy.gov/eere/solar/crystalline-silicon-photovoltaics-research
9
State Pollutant Discharge Elimination System (SPDES) website https://www.dec.ny.gov/chemical/43133.html
10
https://agriculture.ny.gov/system/files/documents/2019/10/solar_energy_guidelines.pdf

13
2.3.4 Should we be worried about electromagnetic fields (EMF) associated with solar?
There are two kinds of EMF; “ionizing fields,” which are high level and harmful, and “non-ionizing,” which are low-level and
generally harmless. Non-ionizing radiation comes from computers, appliances, cell phones, and wireless routers, whereas
ionizing radiation comes from harmful sources such as UV lights or X-rays. EMF from solar systems are non-ionizing, similar
to that of your household appliances. Studies show that the exposure level within the array or at the fenced boundary of a
system falls well below recommended exposure limits. This exposure level decreases even more as you move away from the
system, and is nonexistent at night when the system is not producing energy. Ultimately, EMF from solar systems is extremely
insignificant and cannot be associated with a health effect.11

2.3.5 Do solar panels create glare? I’m worried about the visual impacts for my town and aviation.
Solar panels are designed to be dark colors, usually black or blue, that absorb the sunlight to create electricity. If panels
were reflecting the sun, or creating glare, they would not be effective. PV panels are designed with anti-reflective coating to
increase panel efficiency and keep the level of reflected light around 2% - less than the reflectivity of water. Airports around
the world have been installing PV arrays to provide onsite generation, and studies show that glare from the solar arrays is a
negligible issue.12

2.3.6 Do solar panels create high ambient temperatures in their surroundings?

The theory that a functioning solar PV array increases the ambient temperature of its surroundings is known as the “heat
island” effect. The “heat island” effect proposes that solar panels create a darker landscape that reflects less light, and
therefore creates a localized area of increased heat. Few studies have been conducted on the subject, but it has been
generally concluded that the area surrounding a large-scale solar array is unlikely to experience a net heating change from
the panels. It is, however, possible to see some heating occur under the panels themselves. This can be mitigated with
proper implementation of vegetative cover instead of gravel.13 With any PV array, the significance of the heating depends on
the location of the array, time of the year, and surrounding environment.14, 15

2.3.7 Does the fire department need special equipment to handle solar panel fires?
No special equipment is needed to handle solar panel fires, just proper training. Solar panels, like any electrical device,
can be a fire hazard themselves or act as a physical barrier that hinders the ability of firefighters to put out an unrelated fire.
Project developers and municipalities must ensure the local fire department is aware of the installation and informed about
the procedures for de-electrifying the system and responding to incidents. In addition, the New York State Fire Code directly
addresses solar PV installations, requiring clear labeling, instructions, setbacks, and safety features.

2.3.8 Are solar panels recyclable?

Solar panel recycling and disposal is not yet a major consideration in New York State, as most installations are newly
operational and have a minimum 25-year expected useful life. It is, however, important to plan for the disposal of solar
systems at the end of their useful life. Currently, there are no regulations requiring the recycling of solar panels in New York
State, but it is best practice to reuse or recycle system components. Solar panels are classified as “general waste,” which
means that they can be placed in a landfill. Solar panels can contain small amounts of toxic materials, but research shows that
they generally do not pose a threat in landfills.16
Some solar energy system components, such as metal racking, can readily be reused or salvaged. Solar PV recycling
is still in its infancy, though the ultimate goal is to recycle solar panels and recover any materials that may be reused or
sold. At present, this is costly, but the industry is advancing; a 2016 study by the International Renewable Energy Agency
(IRENA) estimates that recyclable materials in old solar modules will be worth $15 billion in recoverable assets by the year
2050.17 Some examples of recycling opportunities in the United States include: Cascade Eco Minerals, Cleanlites, Echo
Environmental, and First Solar.

2.3.9 Do solar PV systems generate noise?

Solar panels are noise-free, and residential solar inverters are quieter than a refrigerator. Large-scale, ground-mounted
systems may have minor noise associated with the transformers and inverters within the array as well as the electrical
equipment used as required for utility interconnection. Any system noise is typically at background levels at a distance of 50
to 150 feet from the site boundary.

14
2.3.10 How are endangered species protected?
Endangered species are accounted for and protected throughout the life of a large-scale solar project. First, solar projects
must conduct an initial screening with the U.S. Fish and Wildlife Service to identify if endangered species are present in the
area. In consultation with the New York State Department of Environmental Conservation (DEC) and U.S. Fish and Wildlife,
developers must identify potential impacts to endangered or threatened species from facility construction, operation, or
maintenance, and work with the DEC to mitigate impacts. Issues related to direct and indirect habitat loss, mortality, breeding,
and wintering and migration patterns of bird and bats are all addressed during the process through which solar projects
obtain their permits to construct, and inform the final design of the project and mitigation measures. Examples of potential
mitigation measures include construction buffers around known bald eagle nests, avoiding disturbing sensitive habitat, and
developing conservation funds to offset any unavoidable impacts.

2.3.11 Do solar panels contribute to bird loss?

The misconception that solar projects are a major contributor to bird loss has stemmed from issues with “concentrated
solar thermal.” This type of solar system, which constitutes a small percentage of US solar capacity and is located almost
exclusively in the Southwest, uses mirrors to focus solar energy in order to power a steam generator. Bird loss in this situation
occurs when birds fly through concentrated light reflection. Solar projects in New York, which use solar panels to convert
sunlight into energy, do not reflect light or act as a mirrors. Due to this major design difference, there is a minimal impact on
avian species.19

Questions?
If you have any questions regarding solar basics, please email questions to [email protected] or request free
technical assistance at nyserda.ny.gov/SolarGuidebook. The NYSERDA team looks forward to partnering with communities
across the state to help them meet their solar energy goals.

11
STUDY OF ACOUSTIC AND EMF LEVELS FROM SOLAR PHOTOVOLTAIC PROJECTS.” Massachusetts Clean Energy Center, files.masscec.com/research/
StudyAcousticEMFLevelsSolarPhotovoltaicProjects.pdf.
12
https://www.mdpi.com/1996-1073/10/8/1194/pdf
13
“Beneath Solar Panels, the Seeds of Opportunity Sprout.” NREL, www.nrel.gov/news/features/2019/beneath-solar-panels-the-seeds-of-opportunity-sprout.html.
“Clean Energy Results, Questions and Answers, Ground Mounted Solar Photovoltaic Systems.” Energy Center, June 2015. http://www.mass.gov/eea/docs/
14 

doer/renewables/solar/solar-pv-guide.pdf
15 
“Analysis of the Potential for a Heat Island Effect in Large Solar Farms.” Columbia University, http://www.clca.columbia.edu/13_39th%20IEEE%20PVSC_%20
VMF_YY_Heat%20Island%20Effect.pdf
16 
Deign, Jason. “Landfilling Old Solar Panels Likely Safe for Humans, New Research Suggests.” Greentech Media, Greentech Media, 3 Apr. 2020,
www.greentechmedia.com/articles/read/solar-panel-landfill-deemed-safe-as-recycling-options-grow.
17 
“End-of-Life Management, Solar Photovoltaic Panels.”, International Renewable Energy Agency, https://www.irena.org/DocumentDownloads/Publications/
IRENA_IEAPVPS_End-of Life_Solar_PV_Panels_2016.pdf
18 
“STUDY OF ACOUSTIC AND EMF LEVELS FROM SOLAR PHOTOVOLTAIC PROJECTS.” Massachusetts Clean Energy Center, files.masscec.com/research/
StudyAcousticEMFLevelsSolarPhotovoltaicProjects.pdf.
19 
“A Review of Avian Monitoring and Mitigation Information at Existing Utility Scale Solar Facilities.” Environmental Science Division, Argonne National
Laboratory, Apr. 2015, http://www.evs.anl.gov/downloads/ANL-EVS_15-2.pdf.

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16
Solar PV – Permitting
and Inspecting
Understanding the solar permitting and inspecting process
for local governments and authorities having jurisdiction (AHJ)

Solar Guidebook for Local Governments

NYSERDA 17 Columbia Circle Albany, NY 12203

17
Section Contents 7. Sample Installation Errors . . . . . . . . . . . . . . . . . . . . . . 50
1. Intended Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8. Solar PV System Labeling Guidelines . . . . . . . . . . . . 54
1.1 What the Tool Is . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8.1 Scope and Purpose . . . . . . . . . . . . . . . . . . . . . . . . . 54
1.2 What the Tool is Not . . . . . . . . . . . . . . . . . . . . . . . . 19 8.2 Overview of Label Locations
1.3 Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 and Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 54
1.3.1 Disclaimer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8.3 Label Construction, Placement,
2. Solar PV System Design Issues . . . . . . . . . . . . . . . . . 20 Color, and Marking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
8.3.1 Materials and Construction. . . . . . . . . . . . . 55
2.1 Array Siting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2.2 Irradiance and Temperature . . . . . . . . . . . . . . . . . 20 8.3.2 Placement. . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
2.3 System Sizing and Equipment Selection . . . . . . 20 8.3.3 Colors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
2.4 Grounding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8.3.4 Marking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
2.5 Labeling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8.4 Label Descriptions and NEC References . . . . . . . . 55
2.6 Zoning Considerations . . . . . . . . . . . . . . . . . . . . . . 21 8.4.1 Arc-Flash Hazard Warning. . . . . . . . . . . . . . 55
2.7 Wind and Snow Loads . . . . . . . . . . . . . . . . . . . . . . 21 8.4.2 Conductor Identification and Grouping. . . 56
3. Design Review of Construction Documents . . . . . . . 22 8.4.3 Identification of PV Disconnects. . . . . . . . . 58
3.1 Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8.4.4 Terminals Energized on Line and
3.2 Electrical Diagram . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Load Sides of Disconnect in
3.3 Structural Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Open Position . . . . . . . . . . . . . . . . . . . . . . . . 59
4. Field Inspection Checklist . . . . . . . . . . . . . . . . . . . . . . 25 8.4.5 DC PV Source and Output Circuits
4.1 Array . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Inside a Building. . . . . . . . . . . . . . . . . . . . . . 59
4.2 DC Optimizer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8.4.6. DC Photovoltaic Power Source. . . . . . . . . . 60
4.3 Structural (Roof-Mounted Only) . . . . . . . . . . . . . . 26 8.4.7 Identification of PV System
4.4 Junction Box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Interconnection. . . . . . . . . . . . . . . . . . . . . . . . 61
4.5 Inverter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8.4.8 Identification of Power Sources. . . . . . . . . . 61
4.6 Microinverter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8.4.9 Point of Connection Identification . . . . . . . 62
4.7 AC Combiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
8.4.10 NEC 408 Switchboards,
4.8 Load-Side Connection . . . . . . . . . . . . . . . . . . . . . . 28
Switchgear, and Panelboards. . . . . . . . . . . 62
4.9 Supply Side Connection . . . . . . . . . . . . . . . . . . . . . 29
4.10 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 8.5 Common Labeling Mistakes to Avoid . . . . . . . . . . 63

5. Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 9. Example Labels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

5.1 Sample Wiring Diagram 1: Microinverters 10. Top Deficiencies in Solar Electric Systems . . . . . . . . 68
with Supply Side Connection . . . . . . . . . . . . . . . . . 30 10.1 Likelihood of Finding Installation Issues . . . . . . . 68
5.2 Sample Wiring Diagram 2: String 10.2 Deficiency Description . . . . . . . . . . . . . . . . . . . . . . 68
Inverter with Supply Side Connection . . . . . . . . . 31
11. Unified Residential Solar PV Permit Application . . . . 75
5.3 Sample Site Map . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
6. Sample Photos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
6.1 Required Construction Photos for
NY-Sun Incentive Program . . . . . . . . . . . . . . . . . . . 33
6.1.1 Overview Photos. . . . . . . . . . . . . . . . . . . . . . 33
6.1.2 General Array Photos. . . . . . . . . . . . . . . . . . 34
6.1.3 Array Racking Photos. . . . . . . . . . . . . . . . . . 35
6.1.4 Module Installation Photos . . . . . . . . . . . . . 37
6.1.5 Conductor Conduit Photos. . . . . . . . . . . . . 38
6.1.6 Junction/ Combiner Box Photos. . . . . . . . . 39
6.1.7 Inverter Photos . . . . . . . . . . . . . . . . . . . . . . . . 41
6.1.8 Balance Of System Photos. . . . . . . . . . . . . 42
6.1.9 A/C Combiner Photos. . . . . . . . . . . . . . . . . . 44
6.1.10 A/C Disconnect Photos. . . . . . . . . . . . . . . . 45
6.1.11 Main Panel Tie-In Photos. . . . . . . . . . . . . . . 47
6.1.12 If Applicable Photos. . . . . . . . . . . . . . . . . . . 49
6.1.13 Overall Observation. . . . . . . . . . . . . . . . . . . 49

18
Overview
To allow officials to better understand the permitting and inspecting process, and
ensure them an efficient, transparent, and safe beginning to their solar development
project, this section reviews the solar photovoltaic (PV) permitting and inspection
process for local government officials and authorities having jurisdiction (AHJs).
Tools and materials are provided to assist local officials and AHJs on evaluations of solar systems less than 25kW. Solar PV
design issues, design reviews of construction documents, and field inspection checklists are among the topics discussed.
Within this chapter, we provide the following supplemental material for government officials and AHJs:
• NY State Unified Solar Permit Application
• Sample construction photos of correctly installed equipment
• Sample installation errors
• Labeling guidelines
• Sample wiring diagrams
• Sample site map for roof mounted solar PV systems

1. Intended Use
NYSERDA developed this tool in collaboration with the New York Department of State, solar contractors, and other
stakeholders. It supports NYSERDA’s efforts to implement a unified permitting process for residential solar PV systems.
Standardizing the permitting and inspecting process across New York State will reduce costs for municipalities and solar
customers, create local jobs, and advance New York’s clean energy goals.

1.1 What the Tool Is

This tool is a free resource to help code enforcement officials review and evaluate solar electric systems for grid-tied
residential solar PV installations of 25 kW or less. Off-grid and commercial-scale solar PV systems are more complex and
warrant greater detail than this tool provides.

1.2 What the Tool is Not

This tool is not all-encompassing. Electric construction is a complicated process governed by the NYS Uniform Fire
Prevention and Building Code (Uniform Code), which references other codes. This tool highlights many common and
important design issues referenced in the National Electrical Code (NEC), but it should not be considered comprehensive.

1.3 Distribution
AHJs and other entities are welcome to use and distribute this tool. AHJs may wish to update the Unified Solar Permit
Application itself and Submittal Instructions to reflect any unique requirements that apply to their municipality (such as a
schedule of fees). The inspection and design review checklists can also be changed to reflect additional requirements.
AHJs should keep in mind that changing the Unified Solar Permit’s contents may diminish consistency and increase the cost
of solar energy for their constituents. Changes may not be obvious to contractors working across many local governments, so
AHJs should highlight any changes made to the standard documents.

1.3.1 Disclaimer
This document and the New York Unified Solar Permit are provided to support and standardize the solar permitting process.
These documents should not be used as a substitute for proper solar PV system design calculations. Users of these
documents assume all responsibility for solar PV system design, installation, and permitting, as required by New York State
law. NYSERDA and its contractors cannot be held liable for any errors or omissions in these documents.
19
2. Solar PV System Design Issues
This section provides an overview of issues involved in solar PV system design. It is critical that designers optimize safety and
performance because systems have expected lifespans of 20-30 years.

2.1 Array Siting

Designing a solar PV system involves many factors, but the most important is siting the array to maximize sunlight. South-
facing roofs are ideal, but PV modules (“panels”) can be located on southwest- or southeast-facing roofs with minimal losses.
North-facing roofs and heavily shaded roofs should be avoided. Prior to installation, solar PV contractors measure the amount
of sunlight a location receives annually, either with a hand-held tool or aerial imagery software.
Residents planning to remove trees to increase solar access should clearly mark the trees on construction documents
submitted with their permit application. The projected growth of vegetation should also be considered when designing a
system, especially for ground-mounted arrays.
When a house does not have a clear south-facing roof, contractors can install on garages, outbuildings, or in the ground.
Experienced designers will maximize solar access and minimize wire runs, building penetrations, and labor costs. Depending on
the layout of a house, conductors can be run on exterior roofs and walls, through attic or basement spaces, or in wall cavities.

2.2 Irradiance and Temperature

Solar electric modules convert solar radiation into electric current. Their power output is variable, based on the intensity of
sunlight (irradiance) and the temperature of the cells. All modules have a nameplate capacity, which states the power (Wattage)
produced by the module under Standard Test Conditions (STC), defined as 1,000 Watts per square meter at 25 °C. The module’s
actual output at a specific point in time is typically lower than the nameplate capacity but can be higher under certain conditions.
Solar electric modules have the greatest power output when exposed to high levels of irradiance (intensity of sunlight) at low
temperatures. There is a positive relationship between irradiance and the current (Amperes) solar PV modules produce: as
irradiance increases, current increases (with little change in voltage). There is an inverse relationship between temperature
and a PV module’s voltage: at temperatures below 25 °C, modules produce voltage higher than during STC. At higher
temperatures, voltage decreases (see NEC 690.7), with no significant change to amperage.
In addition to reducing voltage (and therefore Wattage), high temperatures have other detrimental effects on solar PV
systems. Prolonged exposure to high temperatures accelerates the rate at which solar PV cells degrade. Therefore, most
roof-mounted arrays are located on racking, which places the PV cells 3 to 6 inches above the roof surface and allows airflow
under the array. Inverters may be installed outdoors but perform slightly better when not in direct sunlight. High temperatures
must be considered when sizing conductors located on hot roofs, as the current carrying capacity of conductors decreases
when exposed to heat. Conduit runs must also have expansion fittings (as required by code) to account for thermal expansion
and contraction.
Because the output voltage of solar PV modules increases significantly in colder weather, installers must account for the lowest
expected ambient temperature when determining the maximum number of solar PV modules per string (NEC 690.7).

2.3 System Sizing and Equipment Selection

Solar electric installations are highly customized. Installers must carefully design systems to meet site-specific conditions
and choose equipment that satisfies detailed technical requirements. Solar electric modules have different STC electrical
outputs (voltage and current), which vary with temperature and irradiance. At residential sites the NEC limits the maximum DC
string voltage to 600 volts, so installers must determine the maximum number of modules per string, based on design low
temperatures (i.e. when module voltage is highest). DC strings of modules must also have a minimum voltage (based on design
high temperatures) greater than the minimum voltage required to activate the system’s inverter. Certain technologies allow for
increased flexibility in system design, such as multiple power point trackers (MPPTs), DC optimizers, and microinverters.
DC array sizes should not exceed an inverter’s maximum input rating. If an inverter is significantly undersized for an array,
solar PV production during peak hours will be limited. Generally, a solar PV system’s DC Wattage should not exceed 1.3 times
the AC rating of its inverter. Many inverter manufacturers have developed computer programs that assist in string sizing and
optimizing system design, such as www.fronius.com/froniusdownload/tool.html

20
2.4 Grounding
One of the more challenging aspects of solar PV system design and installation is thoroughly grounding and bonding the
system in accordance with the NEC.
The grounding electrode conductor (GEC) is the reference ground that establishes the voltage relationships between the
ungrounded conductors and earth ground. The GEC must be run with irreversible splices from any separately derived power
supply (i.e., inverters that contain transformers) to the grounding electrode. All solar PV systems with a transformer-based
inverter will require a GEC from the inverter to the grounding electrode. Table 250.66 in the NEC governs the sizing of the
GEC. The GEC must be a minimum of number six American Wire Gauge Building Wire (#6 AWG) when exposed and must be
bare or covered with green insulation. When exposed and insulated, the wire must be UV-protected.
The grounded conductor (or “neutral” conductor) is intentionally grounded and carries current under normal conditions. It
is always insulated and may be white or gray in color. Current flows out on the ungrounded conductors and returns on the
grounded conductor, completing the circuit.
The equipment grounding conductor (EGC) does not carry current under normal conditions. It provides a path back to the
grounded conductor (neutral) when a fault occurs. The EGC may include all bonded metal components, such as the racking,
boxes, enclosures, building steel, and metal roofing materials. (Bonding is the physical connecting of metal components so
that they are at equal potential. They may or may not be grounded. Bonding jumpers may be extensions of the GEC, EGC, or
grounded conductor.) Table 250.122 in the NEC governs EGC sizing. The EGC is required on both grounded and ungrounded
(transformer-less) systems. The EGC must be a minimum of #6 AWG when exposed and must be bare or insulated green.
When exposed and insulated, the wire must be UV-protected.
The GEC, EGC, and grounded conductor must be bonded together at the main service disconnect(s) and at the overcurrent
protection/disconnects when performing a supply-side connection.

2.5 Labeling
The NEC provides many unique labeling requirements for solar PV systems, located in Sections 690, 705, 706 and
elsewhere. To assist contractors and inspections, NYSERDA has developed an extensive Labeling Guide, located as
Section 8 of this document.

2.6 Zoning Considerations

Solar photovoltaic is a relatively new technology. Many municipalities are unsure how solar PV installations fit into their
existing zoning and land-use regulations. Large-scale systems in particular raise land use, aesthetic, decommissioning, and
disposal concerns.
Municipalities should review their existing zoning requirements to ensure they clearly describe how solar PV systems are classified,
and what restrictions are placed upon them. For more information, please reference Chapter 10 - Model Solar Energy Law.

2.7 Wind and Snow Loads

Solar electric contractors are responsible for ensuring that their installations do not jeopardize the structural integrity of the
buildings upon which they are mounted. Due to their large surface areas, solar PV arrays can catch updrafts and create
significant amounts of uplift during windy conditions. Forces are especially strong when modules are located at the ridge of a
roof, when they are mounted a significant distance above the roof surface, or when they are not mounted parallel to the roof
surface. Ground-mounted arrays are also subject to large wind forces. Detailed calculations are required to determine the
exact amount of pressure for which systems should be designed.
Solar electric arrays, including racking and mounting hardware, typically add 4-6 pounds per square foot of dead load to a
structure. Although this amount is modest, it may become significant when combined with a roof’s existing dead load and
snow load. The International Residential Code provides snow load data, which range from 20-80 pounds per square foot in
New York State.
A Professional Engineer or Registered Architect should perform detailed calculations to ensure solar PV designs meet all
structural requirements, taking wind load and snow load into account.

21
Figure R301.2(5)A from the 2020 Residential Code of New York Figure R301.2(6) from the 2020 Residential Code of New York
State: Ultimate Design Wind Speeds State: Ground Snow Loads

3. Design Review of
Construction Documents
As part of their permit application, applicants must submit a site plan, an electrical wiring diagram, a structural analysis, and
specification sheets for the modules, inverter, and racking system. This section includes a checklist of items for code officials
to check as part of their design review.
The construction documents must be stamped by a New York State licensed professional engineer (PE) or registered
architect (RA). The local code official will determine the depth of review necessary. The following three-part checklist may be
expanded should the code official require examination at greater depth, such as checking wire sizing and other calculations.

3.1 Site Plan

Yes/No Site Plan
Construction document prepared and stamped by a New York State licensed professional
engineer or registered architect, who incorporated the following into system design.
• Street address and tax map parcel number
• All required setbacks, including rooftop access and ventilation requirements as applicable
• Location of array, inverter, disconnects, and point of interconnection
• Array azimuth and tilt
• For ground mounted systems, length and location of trenches
• Location and type of rapid shutdown device, if applicable (NEC 690.12)

22
3.2 Electrical Diagram
Yes/No Electrical Wiring Diagram
Electrical wiring diagram prepared and stamped by a New York State-licensed Professional
Engineer or Registered Architect, who incorporated the following into system design.
• Solar electric module array information – number of modules in series, number of strings.
• Quantity, make, and model of UL-listed solar PV modules.
• All conductor types, ratings, and conduit type (if applicable). Solar electric source circuit conductors
are solar PV wire (NEC 690.31(B)).
• Max voltage of 600 VDC (NEC 690.7(C)) (1,000 VDC wire may be used on 600 VDC systems).
• Rating (voltage and current) for all disconnects.
• Voltage drop is minimized (NEC 210.19(A)Informational Note No. 4).
• Provision for Rapid Shutdown per NEC 690.12. Using microinverters or string inverters
with DC Power optimizers is one way of meeting this requirement.
• DC disconnect is present (may be integral to inverter) (NEC 690.13).
• Quantity, make, and model of UL-listed inverter provided.
• AC disconnect appropriately sized for inverter output (NEC 690.8(A)(3), 690.8(B)(1)).
• Conductor type, rating, and conduit type (if applicable) provided for all conductors.
• If supply-side connection, meets all requirements of NEC 705.12(A), including:
- Service-rated AC disconnect specified, at least 60 amps, with appropriate overcurrent protection device.
If breaker used, must meet or exceed utility fault current kAIC rating.
- Conductors between disconnect and point of interconnection are sized at least 60 amps (#6 or larger).
- Supply side connection made between main service panel’s main disconnect and utility meter.
• If load side connection, meets all requirements of NEC 705.12(B), including:
- Inverter output connection is made at a dedicated circuit breaker or fusible disconnect.
- The sum of 125% of the inverter(s) output current plus the main circuit breaker rating must be less than or
equal to 120% of the bus or cable rating (NEC 705.12(B)(3)(b)).
- Backfed breaker located at opposite end of busbar from main breaker (NEC 705.12(B)(2)(1)).
• Equipment grounding conductor (EGC) present at all components likely to become energized, and sized
according to NEC 250.122.
• If not using an isolated/ungrounded/transformer-less inverter, grounding electrode conductor (GEC) present
and continuous from inverter to service disconnect, sized according to NEC 250.66.

23
3.3 Structural Analysis
Yes/No Structural Analysis
Structural analysis prepared and stamped by a New York State licensed professional
engineer or registered architect, who incorporated the following into their review.
• Weight of the existing roofing (composition shingle, metal, masonry, etc.).
• Number of layers of roof covering.
• Method of waterproofing penetrations (flashing is required by the 2020 NYS Uniform Code).
• Type of racking system (engineered product) and height of solar PV modules from surface of roof.
• Location-specific wind load and snow load.
• Type, dimensions, and spacing of roof structural framing.
• Calculations must be provided if any of the following apply:
- Roofing is not lightweight, or roof has multiple layers of covering.
- Racking system is not engineered for mounting of solar PV modules.
- Modules will be mounted more than 18 inches above roof surface.
- Modifications must be made to framing to strengthen roof structure.
- Solar electric system and racking will add more than 5 pounds per square foot to dead load,
or more than 45 pounds per attachment point, calculated as follows:
• Total weight of solar PV modules, racking, and mounting hardware __________pounds.
• Total number of attachment points to roof __________.
• Weight per attachment point (A ÷ B) __________pounds.
• Total area of solar PV array __________square feet.
• Distributed weight of solar PV array on roof (A ÷ D) __________pounds/square foot.

24
4. Field Inspection Checklist
The Field Inspection Checklist in this chapter can be used directly by the AHJ or provided to a third-party inspection
agency, where applicable. The checklist is intended to highlight key system characteristics and common installation errors.
Completing the checklist should take approximately 20 minutes per field inspection. Not all sections may apply to a given
installation.
A “rough inspection” (which occurs when all boxes and wires are installed to the point when walls or trenches are ready to be
closed) is not necessary on most small residential installations with existing construction.
When a field inspection is necessary, inspectors should consider bringing the following items:
• Ladder with non-conductive sides.
• Binoculars for surveying inaccessible roof-mounted equipment.
• Screwdriver for opening enclosures.
• A copy of the contractor’s submitted design.
Code enforcement officers should consider asking solar PV contractors for a set of construction photos. Contractors typically
document their installation progress with photos, which are sometimes required by their internal quality assurance team or
financing partners. NYSERDA also requires construction photos from participating contractors. Code enforcement officers can
use such photos to review hard-to-access parts of the installation (such as roof-mounted racking).

4.1 Array
1. Circuit conductors are properly supported and are not touching the roof surface N Y N/A
[NEC 338.30, 350.30, 376.30]
2. Circuit conductors are same conductor type/size as on plan set N Y N/A
3. Module count matches plan set. If no, investigate stringing configuration N Y N/A
4. Module manufacturer/model matches plan set N Y N/A
5. Modules are effectively grounded using lugs, WEEBs, or a racking integrated grounding method N Y N/A
[NEC 690.43]
6. Modules and racking are properly secured [NEC 110.3(B), 250.5, 250.8, 250.12, 690.43] N Y N/A
7. D
 C optimizers or microinverters are properly grounded N Y N/A
[NEC 110.3(B), 250.4(A)(5), 250.64(E), 250.97]
8. Wire ties are UV-rated (generally black) N Y N/A
9. All electrical connections are secured to ensure no arcing N Y N/A
10. Racking system is properly grounded (EGC bonding the rails [NEC 690.43]) N Y N/A
11. Conductors are properly identified (ungrounded, grounded, grounding) N Y N/A
[NEC 200.7, 200.6, 250.119]
12. Outdoor components are UL-listed for the environment [NEC 110.3(B)] N Y N/A
13. Roof vents are not covered by the modules [2020 NYS Uniform Code] N Y N/A
14. DC conduit is labeled “WARNING: PHOTOVOLTAIC POWER SOURCE” every 10 feet, N Y N/A
and is reflective, and meets color and size requirements [NEC 690.31(G)(3) and (4)]
15. Conductors over 30V are guarded, installed in raceways, or otherwise inaccessible N Y N/A
[NEC 690.31(G)(3)(4)]
16. Equipment Grounding Conductor (EGC) is protected if smaller than #6 AWG N Y N/A
[NEC 690.46, 250.120(C)]
17. Source circuit conductors are not in contact with the roof [NEC 338.10, 334.30] N Y N/A

25
4.2 DC Optimizer
1. D
 C Optimizer chassis is properly grounded per manufacturer’s instructions N Y N/A
[NEC 110.3(B), 250.4(A)(5), 250.64(E), 250.97]
2. Rapid Shutdown label is present and meets the requirements of NEC 690.56(C)(1)(a) N Y N/A
Note 1: Many violations from the “Array” section also apply to the “DC Optimizer” section.
Note 2: DC optimizer can have an integrated ground, or not. Bring the specifications sheet to the inspection
for quick reference.

4.3 Structural (Roof-Mounted Only)

1. All roof penetrations are properly flashed and sealed per 2020 NYS Uniform Code and NEC 110.3(b) N Y N/A
2. Lag bolts are properly installed, not over torqued deforming the flashing N Y N/A
3. Rafter spacing/material matches construction documents N Y N/A
4. Roof appears to be in good condition, with no signs of leaking or damage; Roof is free of debris N Y N/A
5. All racking splices are properly supported per manufacturer requirements (generally splices must N Y N/A
be supported on both sides of the joint by a structural attachment)
6. Modules cannot be moved by pushing or pulling with one hand N Y N/A

4.4 Junction Box

1. W
 ire nuts and splices are suitable for the environment [NEC 110.3(B)] N Y N/A
2. Junction box is UL listed for the environment [NEC 110.3(B)] N Y N/A
3. Junction box is properly grounded [NEC 110.3(B), 250.4, 250.8, 250.12, 690.43] N Y N/A
4. Grounding equipment is properly installed [NEC 110.3(B), 250.4, 250.8, 250.12, 690.43] N Y N/A

26
4.5 Inverter
1. The number of strings match the plan set N Y N/A
2. The conductors have sufficient ampacity for each string N Y N/A
3. DC conductors in metal when on or inside a building [NEC 690.31(G)] N Y N/A
4. Conduit penetrations are properly sealed between conditioned and unconditioned space N Y N/A
[NEC 300.7(A)]
5. Conduit is properly supported e.g., [LFMC NEC 350.30, EMT NEC 358.30, PVC NEC 352.30] N Y N/A
6. Conduit is not being used as conductor support [NEC 725.143] N Y N/A
7. The enclosure is properly grounded [NEC 690.43, 250.8, 250.12] N Y N/A
8. Grounding equipment is properly installed [NEC 690.43, 250.8, 250.12] N Y N/A
9. Point of interconnection enclosure is labeled as a PV disconnect [NEC 110.21(B) and/or 690.13(B)] N Y N/A
10. DC characteristics label is present [NEC 690.53] N Y N/A
11. The ungrounded DC conductors are properly identified (shall not be white, gray, or white striped) N Y N/A
[NEC 200.6(A)(B)]
12. Max string voltage below inverter max [NEC 110.3(B), 690.7] N Y N/A
13. Inverter string fuses are rated for use in application [NEC 110.3(B), 690.9] N Y N/A
14. DC and AC disconnecting means are located within sight of or in each inverter [NEC 690.15] N Y N/A
15. AFCI protection is present and enabled [NEC 690.11] N Y N/A
16. System is equipped with Rapid Shutdown [NEC 690.12] N Y N/A
17. Rapid Shutdown label is present and meets the requirements of NEC 690.56(C)(1)(a) N Y N/A
18. System is marked with a permanent label with the following wording: N Y N/A
“PHOTOVOLTAIC SYSTEM EQUIPPED WITH RAPID SHUTDOWN” [NEC 690.56(C)]

4.6 Microinverter
1. M
 icroinverter chassis is properly grounded per manufacturer’s instructions N Y N/A
[NEC 690.43(A), 250.4, 110.3(B)]
2. EGC is protected if smaller than #6 AWG [NEC 690.46, 250.120(C)] N Y N/A
3. Rapid Shutdown label is present and meets the requirements of NEC 690.56(C)(1)(a) N Y N/A

Note 1: Many items from the “Array” section also apply to the “Microinverter” section.
Note 2: Microinverters can have an integrated ground, or not. This information is found on the specification sheet.
Note 3: As long as the microinverters are listed, they are inherently equipped with rapid shutdown, which is required by
NEC 690.12. This does not negate the label requirement in NEC 690.56(C)(1)(a).

27
4.7 AC Combiner
1. The number of branch circuits match the plan set. N Y N/A
2. The conductors have sufficient ampacity for each branch circuit. N Y N/A
3. T
 he Overcurrent Protective Device (OCPD) for the conductors have a rating sufficient to protect N Y N/A
them [NEC 240.4]
4. C
 onduit penetrations are properly sealed between conditioned and unconditioned space N Y N/A
[NEC 300.7(A)]
5. Conduit is properly supported e.g., [LFMC NEC 350.30, EMT NEC 358.30, PVC NEC 352.30] N Y N/A
6. Conduit is not being used as conductor support [NEC 300.11(B), 725.143] N Y N/A
7. The enclosure is properly grounded [NEC 690.43, 250.8, 250.12] N Y N/A
8. Grounding equipment is properly installed [NEC 690.43, 250.8, 250.12] N Y N/A
9. Enclosure is labeled as a disconnect [NEC 690.13] N Y N/A
10. AC characteristics label is present (voltage and amperage), [NEC 690.54] N Y N/A
11. The main breaker is fastened in place [NEC 408.36(D)] N Y N/A
12. Grounded conductors are isolated from enclosure [NEC 250.24(A)(5)] N Y N/A

4.8 Load-Side Connection

1. Circuit conductors have sufficient ampacity [NEC 690.8, 310.15] N Y N/A
2. The AC OCPD is properly sized for the expected output current of the PV system. [NEC 690.9] N Y N/A
3. Grounded conductors properly identified [NEC 200.6(A), (B)] N Y N/A
4. T
 he Grounding Electrode Conductor (GEC) is present and sufficiently sized N Y N/A
[NEC 690.47(C), 250.66, 250.122, 250.166]
5. The GEC is continuous (or irreversibly spliced) [NEC 250.64(C), 690.47(C)] N Y N/A
6. Ferrous conduit and the enclosure are appropriately bonded to the GEC N Y N/A
[NEC 250.4, 250.8, 250.12, 690.43]
7. PV breakers are properly identified [NEC 110.21(B), 705.10] N Y N/A
8. AC characteristics label is present and suitable for the environment (voltage and amperage) N Y N/A
[NEC 690.54, 110.21(B)]
9. D
 issimilar metals are separated and will not cause a galvanic reaction N Y N/A
[(NEC 110.14, RMC NEC 344.14, EMT NEC 358.12(6)]
10. Inverter directory present [NEC 705.10] N Y N/A
11. Backfed breaker or fuse is sized to protect circuits [NEC 690.8(B)(1) and/or NEC 310.15] N Y N/A
12. Source breakers follow 120% rule [NEC 705.12(D)(2)(3)(b)] N Y N/A
13. Backfed breaker properly located in panel [NEC 705.12(B)(3)(b)] N Y N/A
14. Clearances maintained/live parts secured [NEC 110.27(A), 110.26] N Y N/A

28
4.9 Supply Side Connection
1. Disconnect is service-rated and has a current rating of at least 60 Amp [NEC 230.79(D)] N Y N/A
2. Circuit conductors have sufficient ampacity [NEC 690.8, 310.15] N Y N/A
3. New service entrance tap conductors are less than 10 feet [NEC 705.31] N Y N/A
4. The AC OCPD is properly sized for the expected output current of the PV system [NEC 690.9] N Y N/A
5. The disconnect utility conductors are on LINE terminals [NEC 110.3(B), 240.40(if fusible)] N Y N/A
6. There is no OCPD in the grounded conductor [NEC 230.90(B)] N Y N/A
7. The AIC rating on the OCPD meets, or exceeds the rating of other main OCPD on the premises N Y N/A
[NEC 110.9, 110.10]
8. T
 he neutral (white or grey grounded conductor) is bonded to the PV disconnect enclosure/GEC N Y N/A
[NEC 250.24(C)]
9. The GEC is present and sufficiently sized [NEC 690.47, 250.66] N Y N/A
10. The GEC is continuous (or irreversibly spliced) [NEC 250.64(C), 690.47(C)] N Y N/A
11. F
 errous conduit and the enclosure are appropriately bonded to the GEC N Y N/A
[NEC 250.64(E), 250.4(A)(5)]
12. AC characteristics label is present and suitable for the environment (voltage and amperage) N Y N/A
[NEC 690.54, 110.21(B)]
13. Power source directory is present, denoting all locations of power sources and disconnects on N Y N/A
premises, at each service equipment location [NEC 110.21, 705.10]
14. AC disconnect label is present and suitable for the environment [NEC 690.13(B), 110.21] N Y N/A
15. Dissimilar metals are separated and will not cause a galvanic reaction N Y N/A
[NEC 110.14, RMC NEC 344.14, EMT NEC 358.14]

4.10 General
1. Work is done in a neat and workmanlike manner [NEC 110.12] N Y N/A
2. Working clearances are observed per NEC 110.26 N Y N/A
3. Equipment is visibility damaged N Y N/A

29
5. Resources
5.1 Sample Wiring Diagram 1: Microinverters with Supply Side Connection
Equipment Schedule
TAG DESCRIPTION: (Provide manufacturer and model number if applicable)
1 Solar PV Module or AC Module: (45) Trina TSM250PA05: (3) strings of (15)
2 Microinverter (if not ACM): (45) Enphase M250
3 Junction Box(es): (3) Soladeck NEMA 3R, on roof
4 Solar Load Center, Yes / No: YES, 60 amps with (3) 20 amp breakers.
5 Performance Meter Yes / No: YES, online monitoring through Enphase Envoy unit
6 *Utility External Disconnect Switch Yes / No: Yes
7 Supply Side Disconnect with OCPD: Disconnect rating 60 amps. OCPD Rating 60 amps
8 Main Electrical Service Panel: Cutler-Hammer 200-amp bus, 200-amp main breaker

Single Line Diagram for Microinverters, Optimizers or AC Modules

Refer to NEC 250.120 for EGC installation & Table 250.122 for sizing.
DC Rapid Disconnect (NEC 690.12) not required for microinverter systems, as DC conductors are under 5 feet.

1 2 3 4 5 6 7 8

DC DC
PV PV
AC AC

DC DC M
PV PV G N
AC AC
G

C
PV
DC
PV
DC B
AC AC

DC GEC when required

A Typical for each String

Conductor, Cable, and Conduit Schedule

Tag Description and Conductor Conductor Number of Conductor/Cable Conduit Size
Type: (Table 3) Size Conductors Type and Type
A Current carrying conductors #10 2 THWN-2 ½ inch EMT
(for each branch circuit):
EGC: #8AWG Cu (1)
GEC (when required): n/a
B Current carrying conductors: #6AWG Cu (2) plus (1) Neutral THWN-2 ¾ inch PVC
EGC: #8AWG Cu
GEC (when required): n/a
C Current carrying conductors: #6AWG Cu (2) plus (1) Neutral THWN-2 ¾ inch EMT
EGC: #8AWG Cu (1)
GEC (when required): n/a

30
5.2 Sample Wiring Diagram 2: String Inverter with Supply Side Connection
Equipment Schedule
TAG DESCRIPTION: (Provide manufacturer and model # if applicable)
1 Solar PV Module: (24) SolarWorld SW280 Mono, (2) strings of (12)
2 Grounding Electrode for Array
3 Junction Box(es): Soladeck NEMA 3R, on roof
4 Inverter Model: (1) Fronius Primo 6.0-1, Transformerless
5 Performance Meter Yes / No
6 *Utility External Disconnect, or AC disconnect grouped with inverter if not grouped with main service panel
7 Backfed AC breaker in Main Service Panel rating: 35 amps
8 Main Service Panel Main Breaker rating:200 amps; Bus Bar rating: 200 amps

Single Line Diagram for String Inverter

Refer to NEC 250.120 for EGC installation & Table 250.122 for sizing.

1 2 3 4 5 6 7 8

PV PV

INVERTER M
PV PV
G

C
A B

Conductor, Cable, and Conduit Schedule

Tag Description and Conductor Conductor Number of Conductor/Cable Conduit Size
Type: Size Conductors Type and Type
A Current carrying conductors: #10AWG Cu 2 THWN-2 ½ inch EMT
EGC: #10AWG Cu 1
GEC (when required): n/a
B Current carrying conductors: #8AWG Cu (2) plus (1) Neutral THWN-2 ¾ inch PVC
EGC: #10AWG Cu
GEC (when required): n/a
C Current carrying conductors: #8AWG Cu (2) plus (1) Neutral THWN-2 ¾ inch EMT
EGC: #10AWG Cu (1)
GEC (when required): n/a

31
5.3 Sample Site Map

32
6. Sample Photos
NYSERDA requires contractors participating in the NY-Sun program to provide construction photos. The photos in this
chapter are illustrative examples only. Not all photos will apply to a given installation. Code enforcement officers may require
construction photos from solar PV contractors to supplement or replace an in-person inspection. These example photos also
help give a sense of solar PV system components and installation methods, and how they look when installed correctly.

6.1 Required Construction Photos for NY-Sun Incentive Program

6.1.1 Overview Photos
Home Address Verification
Guidance: Must show street number and be taken from a street view.
Inspection Items: Site address must match site address reported
Example Photos:

South Facing Horizon

Guidance: View of Horizon facing South (or whatever direction an array is facing) taken from behind the array illustrating
presence or lack of potential shading issues.
Inspection Items: Site shading must match what was reported
Example Photos:

33
6.1.2 General Array Photographs
Pull Back Image of Array
Guidance: Wide angle shot or multiple images with clear reference point of each array so module count can be verified.
Inspection Items: Module and array count and must match what was reported
Example Photos:

Module Label Documentation

Guidance: Close up module label with model label legible.
Inspection Items: Module model must match what was reported
Example Photos:

34
6.1.3 Array Racking Photographs
Module Racking System Documentation
Guidance: Multiple angles of racking being used. Must provide pictures of complete array and sub-arrays. Pictures should be
taken just before panels are installed to show all grounding and wire management.
Inspection Items: Racking system mechanical connections must be installed to manufacturer specifications
Example Photos:

Racking Roof Mounting System Documentation

Guidance: Photos must illustrate adequate flashing and sealing of racking attachments, that no vents or pipes are obstructed,
and that roof is free of damage. For flat roofs, photos must include example of how vertical posts are secured to roof.
Inspection Items:
• Roof penetrations must be sealed and flashed to prevent moisture problems
• PV module and/or racking system must not obstruct open vent pipe(s) on roof
• No visible roof damage must be present
Example Photos:

35
Racking End Clip Documentation
Guidance: Photos should demonstrate the end clips are properly installed.
Inspection Items: Modules must be properly secured to the end of the racking system with end clips and sufficient clearance
Example Photos:

Racking System Grounding

Guidance: Photos should show there is a continuous ground path from all rails, sub-arrays, conduits, etc. Provide
documentation for any self bonding rail systems. Provide a close up shot of EGC for size verification.
Inspection Items:
• Racking system and support structure must be grounded per manufacturer instructions
• Equipment grounding conductor must be larger than #6AWG or be protected from physical damage
• Electrical bonding means (e.g., bonding jumpers) must be present between rail sections
Example Photos:

36
6.1.4 Module Installation Photos
Module Grounding
Guidance: Demonstrate the bond between the module and rails by means of approved rail components or appropriate
grounding hardware at each array. Provide documentation if necessary.
Inspection Items:
• Module grounding hardware must be present
• Module grounding hardware must be properly installed to effectively ground module frames; including solid contact
between grounding device and metal of the module frames, at designated grounding points
Example Photos:

Wire Management of Modules (Under Array)

Guidance: Supply multiple pictures from all arrays showing proper wire management under arrays and entering conduit or
junction boxes. Provide image of wire management device (clips, UV rated zip ties, etc.).
Inspection Items:
• Circuit conductors cannot be in contact with the roof and supported and secured at least every 4.5’ and within 12” of
every termination
• Wire ties/clips must be UV and/or outdoor rated
• Conductors cannot be installed with a bend radius less than 5 times the conductor diameter
Example Photos:

37
6.1.5 Conductor Conduit Photos
Conductor Support and Management
Guidance: Take pictures showing all conduit is properly supported. Include photos to illustrate thermal expansion fittings and
frost sleeves are used when required. Include close-ups of fittings and connectors.
Inspection Items: Thermal expansion fitting must be present on raceways to compensate for expansion and contraction
• PV circuit conduit or raceway must be properly supported and secured
• Conduit below grade must be installed with provisions for movement (e.g., frost sleeve)
• Conduit fittings and connectors must be designed and listed for use
Example Photos:

Conduit Roof Top Penetrations

Guidance: Include photos that illustrate any roof penetrations for conduit pass through or securing are adequately sealed.
Inspection Items:
• Roof penetrations must be sealed and flashed to prevent moisture problems
• PVSC indoors in metal conduit
Example Photos:

38
Conduit Penetrations into Conditioned Space
Guidance: Include photos of conduit pass through into building to illustrate it is sealed.
Inspection Items: Conduit must have an approved internal sealant between conditioned and unconditioned spaces
Example Photos:

6.1.6 Junction/Combiner Box Photos

Internal Photo (cover off)
Guidance: Pictures should show proper grounding and components used for splices and transitions (i.e. terminal blocks,
wire nuts etc.). Also show proper use of strain relief and submit pics of all Junction boxes on site
Inspection Items:
• Electrochemically dissimilar metals cannot be in direct physical contact
• Ferrous conduit and enclosures containing the grounding electrode conductor (GEC) must be electrically continuous or
appropriately bonded to GEC
• Junction Box circuit conductors must be properly sized for expected current load
• Conduit fittings and connectors must be designed and listed for their use
• Thermal expansion fittings must be installed on raceways and conduit
• Grounded conductor must be identified properly as white or gray
• Junction Box splices and connections must be secure and of high integrity
• Junction Box splice components must be rated for environment
• Grounded conductor(s) must be insulated from metal enclosure surfaces and the ground terminal
• Equipment grounding conductor must be properly identified
• Junction Box must be properly grounded
Example Photos:

39
External Photo (cover on)
Guidance: Pictures should show proper labels close enough to verify language, wires are secured no more than 12” from
junction box and should show proper use of strain relief. Include images for all junction/combiner boxes onsite.
Inspection Items:
• Junction Box must be properly guarded against accidental contact and/or physical damage and have proper
working clearances
• Junction Box must be properly identified and listed
• Junction Box must be suitable for wet locations
• Junction Box must be properly secured in place
Example Photos:

6.1.16 Inverter Photos: Internal Photo (inside view)

Guidance: Inverter showing correct wiring (AC and DC side) and grounding of inverter as well as conduits.
Inspection Items:
• Electrochemically dissimilar metals cannot be in direct physical contact
• Ferrous conduit and enclosures containing the grounding electrode conductor (GEC) must be electrically continuous or
appropriately bonded
• Inverter DC grounded conductors and AC grounded conductors (neutral wires) must be correctly identified
• Conduit fittings and connectors must be designed and listed for use
• Inverter PV source conductors’ ampacity must meet or exceed expected current load
• Inverter PV system AC output conductors ampacity must meet or exceed expected current load
• Inverter string fuses must be 600 or 1000 VDC (if applicable)
• Inverter metal enclosure must be properly grounded
• Inverter grounding electrode conductor must be present and sufficiently sized
• Equipment grounding conductor must be properly identified
Example Photos:

40
6.1.7 Inverter Photos
External Photo (with lid on)
Guidance: Photos showing proper labels installed, and proper working and manufacturer clearances are provided.
Inspection Items:
• Inverter detailed system information label must be present
• The completed installation appears to be neat and of good workmanship
• Inverter must be mounted in accordance with manufacturer instructions and its listing
• Inverter mounting location provides clearance required by the manufacturer
• Inverter Ground Fault warning label must be present
Example Photos:

Inverter Label Picture

Guidance: Close up photo clearly showing all data clearly legible
Inspection Items:
• Inverter model number must match what must be submitted to Salesforce
• PV array maximum DC string voltage complies with inverter maximum input voltage rating
Example Photos:

41
6.1.8 Balance of System
Balance of System Wall Photos
Guidance: A pulled back shot showing all BOS equipment. Take multiple shots if necessary.
Inspection Items:
• AC disconnect switch must be labeled with AC output information
• AC disconnect switch must be properly labeled as a photovoltaic system disconnect
• The completed installation appears to be neat and of good workmanship
• PV Service Disconnect must be installed in accordance with its listing and manufacturer instructions
• Installed with appropriate working clearances and guarding from accidental contact
• AC Disconnect must be in a readily accessible location
• Service Disconnects must be properly grouped
• Permanent plaque or directory must be properly installed
Example Photos:

42
GEC Path Photos
Guidance: Sequence of photos showing the path of the GEC from the inverter(s) to the structure’s GEC. Must show use of
bond bushings and irreversible splices when used.
Inspection Items:
• Grounding electrode conductor must be present and sufficiently sized
• Grounding electrode conductor must be properly bonded to the main premise grounding electrode system
• Grounded conductor(s) must be bonded to the enclosure of the PV service disconnect through a listed grounding
terminal or bus
Example Photos:

43
6.1.9 A/C Combiner
Internal Photos (cover off)
Guidance: Include photos to show correct wiring and grounding at all terminals. Include close ups of any breakers
with rating visible.
Inspection Items:
• Ferrous conduit and enclosures must be either electrically continuous or bonded to the grounding
electrode conductor
• Enclosure must be properly grounded using a listed grounding method
• AC Combiner overcurrent protection must be sufficient
• Grounded conductor(s) must be insulated from metal enclosure surfaces and the ground terminal inside combiner box
• Grounded conductor must be properly identified
• Ungrounded conductor must be properly identified
• Equipment grounding conductor must be properly identified
• Conduit or raceway must have adequate support
• AC Combiner circuit conductors must be properly sized for expected current load
• PV backfeed breaker must be sufficiently sized to prevent nuisance tripping
• Electrochemically dissimilar metals must not be in direct physical contact, which may lead to a galvanic reaction
Example Photos:

External Photo
Guidance: Include photos to show all labeling and enclosure ratings, with photos provided to allow wording
and value verification.
Inspection Items:
• Integrated AC combiner/disconnect switch must be labeled with AC output information
• AC Combiner must be labeled to indicate presence of multiple sources
• The completed installation appears to be neat and of good workmanship
• AC Combiner must be suitable for wet locations
• AC Combiner must be properly secured in place
• AC Combiner must be installed with the appropriate clearances
Example Photos:

44
6.1.10 A/C Disconnect Photos
Interior Photo
Guidance: Show correct wiring and grounding. Make sure OCPD rating is clear and readable.
Inspection Items:
• AC Disconnect must be properly rated for expected current load
• Electrochemically dissimilar metals must not be in direct physical contact
• Disconnect terminals must be properly wired
• Ferrous conduit and enclosures must be either electrically continuous or appropriately bonded to GEC
• AC Disconnect Switch must be breaking the ungrounded conductor and keep the grounded conductor properly grounded
and unenergized
• Ungrounded conductor must be properly identified
• Outdoor conductor insulation type must be rated for 90C and wet conditions
• Grounded conductor(s) must be insulated from metal enclosure surface and ground terminal inside Disconnect enclosure
• Equipment grounding conductor must be properly identified
• Enclosure must be properly grounded by a listed means
• AC Disconnect must be grounded
• Equipment grounding conductor must be properly sized
• Equipment grounding conductor must be larger than #6AWG or else it must be protected from physical damage
• Grounding electrode conductor must be sufficiently sized
• Grounding electrode conductor must be continuous
• AC Disconnect must be present when required to isolate equipment for service
Example Photos:

45
Exterior Photo
Guidance: Photos should allow for factory installed listings, and field installed label wording and values to be assessed.
Inspection Items:
• AC Disconnect switch must be properly labeled as a photovoltaic system Disconnect
• AC Disconnect switch must be labeled with AC output information
• The completed installation appears to be neat and of good workmanship
• AC Disconnect must be installed with the appropriate clearances
• AC Disconnect enclosure must be suitable for wet locations
Example Photos:

46
6.1.11 Main Panel Tie-In Pictures
Interior of Main Service Panel
Guidance: Take both close up and pulled back shots to correct wiring, grounding, and overcurrent protection (solar and
main). Include clear shots of all splices for load and line side taps. Include a back-up photo showing circuit run to illustrate
interconnection point/method.
Inspection Items:
• Main panel overcurrent protection must be sufficient
• PV system AC output conductors must be appropriately sized for expected current load
• Grounded conductor must be identified properly
• PV back feed breaker rating size must be properly sized to protect circuit conductors
• PV backfeed breaker must be sufficiently sized to prevent nuisance tripping
• Sum of back feed breaker(s) and main breaker must be less than or equal to 120% of busbar rating
• Inverter output connection must be properly located in main panel
• PV system AC output conductors must be appropriately sized for expected current load
• Enclosure must be properly grounded using a listed grounding method
• Equipment grounding conductor must be properly identified
• Grounding electrode conductor must be sufficiently sized
• Grounding electrode conductor must be properly bonded to the main premise’s grounding electrode system
• GEC must be continuous/irreversibly spliced
• The completed installation appears to be neat and of good workmanship
• Grounded conductor(s) terminal lug must be properly installed in accordance with its listing
Example Photos:

47
Busbar label
Guidance: Include a clear photo(s) of the busbar rating of the main service panel or other enclosure where PV is connected.
Inspection Items: Sum of backfeed breaker(s) and main breaker must be less than or equal to 120% of busbar rating
Example Photos:

Exterior of Main Service Panel

Guidance: Include photos to show all labeling (manufacturer enclosure rating and field installed labels). Include photos with
cover on, cover off, door open, and door closed.
Inspection Items:
• PV system backfeed breaker must be properly labeled as a photovoltaic system Disconnect
• AC Disconnect switch must be labeled with AC output information
• Main panel busbar must be labeled to indicate presence of multiple sources
• PV backfeed breaker(s) must be correctly labeled
• Permanent plaque or directory must be properly installed
• The completed installation appears to be neat and of good workmanship
• Main Panel must be properly secured in place
• Main Panel must be installed with the appropriate clearances
Example Photos:

48
6.1.12 If Applicable Photos
Pole Mounted Systems Photo
Inspection Items:
• All array conductors must be properly connected
• Thermal expansion fittings must be installed on raceways
• Conduit below grade must be installed with provisions for movement
• PV source and output circuits operating in readily accessible locations must be installed in a raceway
• Racking system and support structure must be properly grounded per manufacturer instructions
• The completed installation appears to be neat and of good workmanship
• Ground/pole mount support structure, anchor system, and or footings must be installed and used according to
manufacturer instructions
• Outdoor wire ties/clips must be UV and outdoor rated

Metal Roof Grounding

Inspection Items: Metal roof beneath PV Array must be properly grounded

Battery Back-Up Photos

Inspection Items:
• Quantity of batteries present must match report quality to Salesforce
• Model of batteries must match model reported to Salesforce
• Working clearance maintained above and around battery bank
• Batteries must be properly ventilated
• Battery backup system voltage must be limited to 50VDC nominal
• Battery DC conductors must be protected from accidental contact
• Battery DC conductors must be properly sized for expected current load
• Battery DC conductor type complies code requirements
• Electrical equipment in all adjacent circuits must be protected from battery bank short circuit current
• Conduit fittings and connectors must be designed and listed for this use
• DC Disconnect must be present for ungrounded conductors of battery banks over 30V
• Batteries must be installed on non-conductive supports
• Grounded conductor must be properly identified

6.1.13 Overall Observation

Program
Inspection Items: Existing Panelboard does not meet Program Compliance

49
7. Sample Installation Errors
The following photos are examples of common yet serious installation errors. Each item presents a safety concern, a system
performance issue, or both. For each of these installations, a certificate of completion had been issued by the AHJ.
Photo 1: Main service panel overloaded per NEC 705.12(B)(3)(b).
(100 amp main circuit breaker + 40 amps of PV) ÷ 100 amp bus rating >120%.

Photo 2: Backfed PV breaker not installed at opposite end of buss bar from main breaker: NEC 705.12(B)(3)(b)

Photo 3: Working clearance not maintained: NEC 110.26

Photo 4: Equipment visibly damaged

50
Photo 5 - Conductors over 30V not guarded, installed in raceway, or otherwise inaccessible: NEC 690.31(A)

Photo 6: Roof penetrations and anchors not flashed, or improper flashing and sealing: 2020 NYS Uniform Code including
applicable 2020 Building Code of NYS and NEC 110.3(B)

Photo 7: Where not protected from physical damage, equipment grounding conductor must be #6 or larger: NEC 690.46,
250.120(C). Conductors laying on asphalt shingles will become damaged and will not last a PV system’s expected 30-year lifespan.

Photo 8: Source circuit conductors in contact with roof: NEC 338.10, 334.30

51
Photo 9: Equipment is not rated for location. In this case, a non-GFCI outlet for PV monitoring equipment
is located in a wet location: NEC 110.3(B), 210.8(A)(3)

Photo 10: DC Conductor in contact with sharp edge: NEC 334.15(B)

Photo 11: AC disconnect/load center manufacturer’s label obscured: NEC 110.21

52
5.3 Sample Site Map

32
8. Solar PV System Labeling Guidelines
Technical Bulletin: NYSERDA Solar Photovoltaic System Labeling Guidelines

8.1 Scope and Purpose

This document was prepared as part of NYSERDA’s ongoing quality assurance (QA) for the NY-Sun Solar Photovoltaic (PV)
program.
As part of this QA program, NYSERDA and their contractors have performed thousands of inspections on solar PV systems
installed in New York State since January 1, 2012. Many of these inspections have found issues related to incorrect,
incomplete, or missing labels on installed equipment. The NEC, OSHA and ANSI provide guidelines for required labels.
However, these guidelines are not necessarily organized in an easy to use manner and make it difficult for system installers to
get a clear understanding of labeling requirements for solar PV systems.
The purpose of this document is to provide participating installers and other stakeholders with a summary of the required
labels for the most common PV system configurations.
Unless otherwise noted, this bulletin is based on the 2017 edition of the NEC.

8.2 Overview of Label Locations and Requirements

System Component Required Labels
Combiner Box / Circuits / Conduit PV Disconnect [NEC 690.13(B)]
Combiner Box / Enclosures / Guarding of Live Parts [NEC 110.27(C)]
EMT Enclosures
Building / Structure Power Source Directory [NEC 705.10, 690.56(B)]
EMT / Conduit Raceways Wiring Methods [NEC 690.13(G)(3)(4)]
Embedded in Building Surfaces [NEC 690.31(G)(1)]
Inverter Bipolar PV Systems [NEC 690.31(I)]
Interactive System Point of Interconnection [NEC 690.54]
Production / Net Meter (Bi-directional) Point of Connection [NEC 690.59]
AC Disconnect / Breaker / Points of PV Disconnect [NEC 690.13(B)]
Connection Identification of terminals [NEC 690.52]
AC Characteristics [NEC 690.54]
Break Panel / Pull Boxes PV Disconnect [NEC 690.13(B)]
Guarding of Live Parts [NEC 110.27(C)]
Interactive System Point of Interconnection [NEC 690.54]
Main Service Disconnect Single 120-Volt Supply / Overcurrent Protection [NEC 710.15(C), 692.9(C)]
Connector Disconnect Warning [NEC 690.15(C), 690.33(E)(2)]
Type of Disconnect [NEC 690.13(F), 705.12(B)(3-4), 690.59]
Dual Power Source [NEC 705.12(B)(3-4), 690.59]
PV Disconnect [NEC 690.13(B)]
Guarding of Live Parts [NEC 110.27(C)]

54
8.3 Label Construction, Placement, Color, and Marking
8.3.1 Materials and Construction
Labeling used outdoors must be of durable construction and intended to withstand conditions including high temperatures,
UV exposure, and moisture as required by NEC 110.21(B)(3). Heavy duty UV resistant vinyl, metal, or plastic may all be
suitable materials, depending on the specific product ratings. Installers should also consider the label attachment method
(e.g., adhesive) when considering longevity and are encouraged to review ANSI Z535.4-2011 for guidance on selecting the
appropriate labeling and adhesive materials.

8.3.2 Placement
It is a violation of an enclosure’s UL listing (and NEC 110.3(B)) to cover any existing manufacturer applied labels with installation
specific labels, so this should be avoided. Additionally, it is highly recommended that the installer attaches a label or magnet
with the company name and contact information at the inverter or interconnection point for easy reference.

8.3.3 Colors
Label colors are chosen per OSHA 29 CFR 1910.145 direction that the requirements of ANSI Z535.4-2011 be used.
NFPA 70 (NEC) is driven by NFPA 1 (Fire Code) which provides specific colors and characteristics for certain labels as required
by the NEC, so these requirements over rule the referenced ANSI standards in these cases, as noted in this Technical Bulletin
and the text of the NEC.

8.3.4 Marking
Marking on labels for system specific values, such as short circuit current, shall not be hand-written and must be legible, as
required by NEC 110.21(B)(2). Marking may be achieved by means of engraving or use of a long-lasting ink or paint as part of
the printing process.

8.4 Label Descriptions and NEC References

There are various articles in the NEC that require labeling for PV systems. Many of the specific requirements are found
in Article 690, Solar Photovoltaic Systems. Additional requirements are found in Article 110: Requirements for Electrical
Installations; Article 200: Use and Identification of Grounded Conductors; Article 225: Outside Branch Circuits and Feeders;
Article 230: Services; and Article 705: Interconnected Electric Power Production Sources.

8.4.1 Arc-Flash Hazard Warning

NEC 110.16 Flash Protection
Electrical equipment such as switchboards, panel boards, industrial control panels, meter socket enclosures, and motor
control centers that are in other than dwelling occupancies and are likely to require examination, adjustment, servicing, or
maintenance while energized shall be field marked or factory marked to warn qualified persons of potential electric arc flash
hazards. The marking shall meet the requirements in 110.21(B) and be located so as to be clearly visible to qualified persons
before examination, adjustment, servicing, or maintenance of the equipment.

Figure 1
Note: does not apply to residential PV systems

55
Directory / Identification of Power Sources
A directory identifying the solar system and other power sources on site should be placed at service equipment and state the
location of system disconnecting means. The NEC stipulates this requirement in the following articles:

NEC 705.10 Directory

A permanent plaque or directory, denoting all electric power sources on or in the premises, shall be installed at each service
equipment location and at locations of all electric power production sources capable of being interconnected.
Exception: installations with large numbers of power production sources shall be permitted to be designated by groups.

Figure 2

NEC 230.2(E) Identification

Where a building or structure is supplied by more than one service, or any combination of branch circuits, feeders, and
services, a permanent plaque or directory shall be installed at each service disconnect location denoting all other services,
feeders, and branch circuits supplying that building or structure and the area served by each. Note that NEC 225.37 has
similar requirements.

Figure 3

NEC 705.70 Utility-Interactive Inverters Mounted in Not-Readily-Accessible Locations

Utility-interactive inverters shall be permitted to be mounted on roofs or other exterior areas that are not readily accessible.
In these cases, inverter location must be noted in the directory required by NEC 705.10, described above.

8.4.2 Conductor Identification and Grouping

NEC 310.110 Conductor Identification
This Article specifies the acceptable conductor marking methods for:
• Grounded conductors: NEC 200.6 (see below)
• Equipment grounding conductors: NEC 250.119 (see below)
• Ungrounded conductors: Shall be distinguishable from grounded and grounding conductors, with reference
to NEC 310.120 for manufacturer-applied markings

56
NEC 690.31(B) Identification and Grouping
PV system conductors shall be identified and grouped as required by 690.31(B). The means of identification shall be permitted
by separate color coding, marking tape, tagging, or other approved means.
1.  PV Source Circuits. PV source circuits shall be identified at all points of termination, connection, and splices.
2. Grouping. Where the conductors of more than one PV system occupy the same junction box or raceway with a
removable cover(s), the AC and DC conductors of each system shall be grouped separately by wire ties or similar means
at least once, and then shall be grouped at intervals not to exceed 1.8 m (6 feet).
Exception: The requirement for grouping shall not apply if the circuit enters from a cable or raceway unique
to the circuit that makes the grouping obvious.

NEC 690.31 (G) (1) Embedded in Building Surfaces

Where circuits are embedded in built-up, laminate, or membrane roofing materials in roof areas not covered by PV modules
and associated equipment, the location of circuits shall be clearly marked using a marking protocol that is approved as being
suitable for continuous exposure to sunlight and weather.

NEC 200.6 Means of Identifying Grounded Conductors

(A) S
 izes 6 AWG or Smaller. An insulated grounded conductor 6 AWG or smaller shall be identified by one of the following means:
1. A continuous white outer finish.
2. A continuous gray outer finish.
3. Three continuous white stripes along the conductor’s entire length on other than green insulation.
4. Wires that have their outer covering finished to show a white or gray color but have colored tracer threads in the braid
identifying the source of manufacture shall be considered as meeting the provisions of this section.
(B) S
 izes 4 AWG or Larger. An insulated grounded conductor 4 AWG or larger shall be identified by one of the
following means:
1. A continuous white outer finish.
2. A continuous gray outer finish.
3. Three continuous white stripes along the conductor’s entire length on other than green insulation.
4. At the time of installation, by a distinctive white or gray marking at its terminations. This marking shall encircle the
conductor or insulation.
Note: Tape or similar marking means are only code-compliant on large (4 AWG or larger) conductors. Smaller diameter
conductors cannot be field-identified in this way.

57
NEC 200.7 Use of Insulation of a White or Gray Color or with Three Continuous White or Gray Stripes
The following shall be used only for the grounded circuit conductor, unless otherwise permitted in 200.7(B) and (C):
1. A conductor with continuous white or gray covering
2. A conductor with three continuous white or gray stripes on other than green insulation
3. A marking of white or gray color at the termination
Note: PV systems utilizing transformerless (ungrounded) inverters do not ground either polarity of the PV array conductors.
Therefore, conductors in these circuits cannot have insulation colored white or gray.

Figure 4

NEC 250.119 Identification of Equipment Grounding Conductors

Unless otherwise required, equipment grounding conductors shall be permitted to be bare, covered, or insulated. Individually
covered or insulated equipment grounding conductors shall have a continuous outer finish that is either green or green with one
or more yellow stripes. Conductors with these color schemes shall not be used for grounded or ungrounded circuit conductors.

8.4.3 Identification of PV Disconnects

NEC 690.13(B) Marking
Each PV system disconnecting means shall plainly indicate whether in the open (off) or closed (on) position and be
permanently marked “PV SYSTEM DISCONNECT” or equivalent.
Note: This requirement applies to both AC and DC disconnects. The International Fire Code (IFC) recommends labels that
identify the main service disconnect or critical disconnects with reflective, red and white labels (IFC 605.11).

Figures 5

58
8.4.4 Terminals Energized on Line and Load Sides of Disconnect in Open Position
NEC 690.13(B) Switch or Circuit Breaker
Each PV system disconnecting means shall plainly indicate whether in the open (off) or closed (on) position and be
permanently marked “PV SYSTEM DISCONNECT” or equivalent. Additional markings shall be permitted based upon the
specific system configuration. For PV system disconnecting means where the line and load terminals may be the open
position, the device shall be marked with the following words or equivalent:
WARNING
ELECTRIC SHOCK HAZARD.
DO NOT TOUCH TERMINALS.
TERMINALS ON BOTH THE LINE AND LOAD SIDES
MAY BE ENERGIZED IN THE OPEN POSITION.

Figure 6

Note: This requirement does not apply to AC disconnects for any inverter Listed to UL 1741

8.4.5 DC PV Source and Output Circuits Inside a Building

NEC 690.31(G) (3) Marking and Labeling Required
The following wiring methods and enclosures that contain PV system dc circuit shall be marked with the wording
“WARNING: PHOTOVOLTAIC SOURCE” by means of permanently affixed labels or other approved permanent marking:
1. Exposed raceways, cable trays, and other wiring methods
2. Covers or enclosures of pull boxes and junction boxes
3. Conduit bodies in which any of the available conduit opening are unused

Figure 7

59
NEC 690.31 (G) (4) Marking and Labeling Methods and Locations
The labels or markings shall be visible after installation. The labels shall be reflective, and all letters shall be capitalized and
shall be minimum height of 9.5mm (3/8in) in white on a red background. PV system dc circuit labels shall appear on every
section of the wiring system that is separated by enclosures, walls, partitions, ceilings, or floors. Spacing between labels
or makings, or between a label and a marking, shall not be more than 3 m (10 feet). Labels required by this section shall be
suitable for the environment where they are installed.
Note: Although the ANSI standard directs that these types of labels have different coloring, the NEC has been driven by
fire codes and thus specifies characteristics explicitly for these applications.

Figure 8

8.4.6 DC Photovoltaic Power Source

NEC 690.53 Direct-Current Photovoltaic Power Source
A permanent label for the dc PV power source indicating the information in (1) through (3) shall be provided by the installer
at dc PV system disconnecting means and at each dc equipment disconnect means required by NEC 690.15. Where
disconnecting means has more than one dc PV power source, the values in NEC 690.53(1) through (3) shall be specified for
each source.
(1) Maximum voltage
(2) Maximum circuit current
(3) Maximum rated output current of the charge controller or dc-to-dc converter (if installed)
Informational Note to (1): See 690.7 for voltage
Informational Note to (2): See 690.8(A) for calculation of maximum circuit current

Figure 9

60
8.4.7 Identification of PV System Interconnection
NEC 690.54 Interactive System Point of Interconnection
All interactive system(s) points of interconnection with other sources shall be marked at an accessible location at the
disconnecting means as a power source and with the rated AC output current and the nominal operating AC voltage.
Note: Examples of points of interconnection are AC combining panels, AC disconnects, backfed breakers at point
of utility interconnection, etc. This requirement does not apply only to the point of common coupling for the PV system
and the utility grid.

Figure 10

8.4.8 Identification of Power Sources

NEC 690.56 Identification of Power Sources
(A) Facilities with Stand-Alone Systems. Any structure or building with a PV power system that is not connected to a utility
service source and is a stand-alone system shall have a permanent plaque or directory installed on the exterior of the
building or structure at a readily visible location acceptable to the authority having jurisdiction. The plaque or directory
shall indicate the location of system disconnecting means and that the structure contains a stand-alone electrical
power system.
(B) Facilities with Utility Services and PV Systems. Buildings or structures with both utility service and a PV system shall have a
permanent plaque or directory in accordance with NEC 705.
(C) Buildings with Rapid Shutdown. Buildings with PV systems shall have permanent labels as described in 690.56 (C)(1)
through (C)(3).

Figure 11

The plaque or directory shall be reflective, with all letters capitalized and having a minimum height of 9.5 mm (3/8 inch),
in white on red background.
Note: Although the NEC does not explicitly define a location for this labeling, it is suggested that one be located at the main
service disconnect for the utility, and one at the inverter location, or the location of the ‘rapid shutdown’ initiator if different.

61
8.4.9 Point of Connection Identification
NEC 705.12(A) or (B)
The output of an interconnected electric power source shall be connected as specified in NEC 705.12(A) or (B).

Figure 12

8.4.10 NEC 408 Switchboards, Switchgear, and Panelboards

408.4 Field Identification Required
(A) Circuit Directory or Circuit Identification.
It is important to properly complete the circuit directory, as required by NEC 408.4(A). These directories are generally
found on the inside of panelboard cover doors and if there is not one present prior to the PV installation, it is the installer’s
responsibility to add one and properly document the relevant PV system-associated breakers.

Figure 13

62
8.5 Common Labeling Mistakes to Avoid
Do not cover manufacturer’s labeling with other labels (NEC 690.13(B), 110.21(B)).
Figure 14

Figure 15

Make sure labels are permanent and suitable for use in the environment to which it will be exposed. In this example,
these light duty adhesive labels will not withstand 20+ years of wind, sun and rain, and are in violation of NEC 110.21.
Figure 16

63
Label Not of Permanent Construction, nor conforming with NEC 690.31(G)(4).
Figure 17

64
9. Example Labels
The following pages provide example NEC-compliant labels based on NEC required/recommended text as well as their
related code articles.
While the use of these labels on NY-Sun-funded solar PV projects is encouraged; final selection, preparation, and placement
of labels in compliance with the NEC and other relevant codes is the responsibility of the installer.
1) All labeling used outdoors must be engraved metal, UV stabilized engraved plastic or of a material sufficiently durable
to withstand the environment involved. Values hand written or in written in marker are not acceptable per NEC.
2) Labels used indoors may be made of durable vinyl or paper
3) Do not cover any existing manufacturer applied labels with installation specific labels
4) Label colors chosen per NEC directs that ANSI Z535-2011 be used
5) Requirements comply with the NEC
6) Additionally, it is highly recommended that the installer attach a label with the company name and
contact information at the inverter
7) All warning signs or labels shall comply with NEC 110.21(B)

Label #1 Label #4
NEC 690.13(B) NEC 690.13(B)

Label #2
NEC 110.27(C)

Label #5
NEC 690.13(B)

Label #3
NEC 705.10 & 690.56(B) Label #6
NEC 690.53

65
Label #7 Label #13
NEC 690.3(I)
NEC 690.31(G)(3)(4)

Label #8
NEC 705.12(D)(3) & 690.59

Label #14
NEC 710.15(C) & 692.9(C)
Label #9
NEC 690.13(B)

Label #10
NEC 690.13(B)

Label #15
NEC 690.15(C) & 690.33(E)(2)

Label #16
NEC 690.13(F), 705.12(B)(3-4), & 690.59

Label #11
NEC 690.52

Label #17
NEC 705.12(B)(3-4) & 690.59

Label #12
NEC 690.54

66
Label #18
NEC 705.12(B)(2)(c)

Label #19
NEC 690.13(B)

67
10. Top Deficiencies in
Solar Electric Systems
In order to provide a summary of common PV system installation issues and help the New York solar industry prioritize
education and process improvement, the NY-Sun program has compiled the results of 287 recent PV system inspections.
The summaries below are generated from PV installations within a three-month time period based on the 2014 National
Electrical Code (NEC). The chart shows that the most frequent violation is Labeling. The table provides an overview of the
9 most common deficiencies found with the top five categories being, Labeling, Grounding, Conductors, Conduit, and
Structural. For each category, the list shows the most prevalent violations.

10.1 Likelihood of Finding Installation Issues

In order to prioritize inspection issues, we have calculated what percent of sites have one or more issues in each of the
categories below. For example, 78% of inspected sites had at least one Labeling issue.

10.2 Deficiency Description

In order to prioritize efforts to improve quality, we have categorized the types of installation deficiencies found into several
descriptive categories. As shown in Figure 1, labeling violations are by far the most common deficiency. This is most likely
due to the complexity of the NEC, changing code articles, and new requirements (cannot be hand-written, exact size/coloring
of certain labels, reflectivity, etc.). Grounding issues were the next most common violation. After the labeling and grounding
issues, conduit and conductor violations are the most prevalent.

Table 1. Deficiency Description Categories Figure 1. Likelihood of PV System Installation Issues

by Category
Deficiency Includes
Labeling Methods and materials for marking PV system
components to provide nearby personnel with
pertinent system information and warnings
Grounding Portions of the installation used to reference
system components to earth potential,
including metallic components such as racking
Conduit Methods and materials related to installation
of conduit
Conductors Methods and materials related to conductor
installation
Structural Non-electrical installation issues related to
mechanical execution of work on equipment
mounting, building penetrations
Equipment Confirmation that equipment installed matches
Verification equipment included in project application
materials to NYSERDA
Electrical Uncategorized electrical installation issues
OCPD Installation issues related to overcurrent
devices, such as fuses and circuit breakers
Program Installation methods and materials that are not
compliant with NY-SUN program requirements
but not necessarily non-compliant with
pertinent codes or standards

68
10.2.1 Labeling Deficiencies: 78% of Systems Inspected
Below, we have summarized the top 5 deficiencies found related to labeling.

Table 2. Top Labeling Deficiencies

Rank System Component Deficiency Description Example
1 Supply Side Service Disconnect label with AC output information is missing,
Connection incomplete, or not suitable for the environment, in violation of
NEC Article 690.54 and/or 110.21.
Label:
Rated AC output current: ____AAC
Nominal operating AC voltage: ____VAC

2 Inverter Inverter information label is missing, incomplete, or unsuitable for

the environment, in violation of NEC Article 690.53.
Label:
Rated maximum power-point current
(Imp): ____ADC
Rated maximum power-point voltage (Vmp): ____VDC
Maximum system voltage (Voc): ____VDC
Short-circuit current (Isc): ____ADC
Maximum rated output current of charge controller (if installed):
____ADC

3 AC Combiner Integrated AC combiner/disconnect switch label with AC output

information is missing, incomplete, or not suitable for the
environment in violation of NEC Article NEC 690.54.
Label:
Rated AC output current: _____AAC
Nominal operating voltage: _____VAC

4 Supply Side Permanent plaque or directory denoting location of all power

Connection sources and location of disconnects on premise at each service
equipment location is missing, incomplete, or unsuitable for the
environment, in violation of NEC Articles 705.10, 690.56 and/or
110.21.

5 AC Disconnect AC Disconnect label with AC output information is missing,

incomplete, or not suitable for the environment, in violation of
NEC Article 690.54.
Label:
Rated AC output current: _____AAC
Nominal operating voltage: _____VAC

69
10.2.2 Grounding Deficiencies: 53% of Systems Inspected
Below, we have summarized the top 5 deficiencies found related to Grounding.

Table 3. Top Grounding Deficiencies

Rank System Component Deficiency Description Example
1 Supply Side Grounded (neutral) conductor is not properly bonded to PV
Connection service disconnect enclosure using a listed grounding bus
or terminal, or the grounded conductors are not properly
bonded to the Grounding Electrode Conductor (GEC), in
violation of NEC Article 250.24(C).

2 Supply Side The top of the grounding electrode is not flush with, or
Connection below, ground level in violation of NEC Article 250.53(G).

3 AC Disconnect Enclosure is not properly grounded using a listed grounding

method, in violation of NEC Articles 690.43, 250.8, and
250.12. Enclosure must be grounded with equipment
listed for the purpose and that is solidly connected to the
enclosure body.

4 Supply Side The GEC is not continuous or irreversibly spliced, in

Connection violation of NEC Articles 250.64(C) and 690.47(C). Allowable
means of splicing the GEC include compression crimp and
exothermic welding processes.

5 AC Combiner Enclosure is not properly grounded using a listed grounding

method, in violation of NEC Articles 690.43, 250.8, and
250.12. Enclosure must be grounded with equipment
listed for the purpose and that is solidly connected to the
enclosure body.

70
10.2.3 Conduit Deficiencies: 52% of Systems Inspected
Below, we have summarized the top 5 deficiencies found related to Conduits.

Table 4. Top Conduit Deficiencies

Rank System Component Deficiency Description Example
1 Supply Side Conduit is missing an approved internal sealant at
Connection penetrations between conditioned and unconditioned
spaces to prevent condensation, in violation of
NEC Article 300.7(A).

2 Inverter Conduit is improperly used to support conductors, in

violation of NEC Article 300.11(B).

3 AC Disconnect Conduit is missing an approved internal sealant at

penetrations between conditioned and unconditioned
spaces to prevent condensation in violation of
NEC Article 300.7(A).

4 Supply Side Circuit conduit or raceway lacks adequate support, in

Connection violation of NEC (LFMC-350.30, EMT-358.30,
Metal Trough-376.30).

5 Array Conduit is missing an approved internal sealant at

penetrations between conditioned and unconditioned
spaces to prevent condensation, in violation of
NEC Article 300.7(A).

71
10.2.4 Conductor Deficiencies: 40% of Systems Inspected
Below, we have summarized the top 5 deficiencies found related to Conductors.

Table 5. Top Conductor Deficiencies

Rank System Component Deficiency Description Example
1 Supply Side Connection Service Entrance conductor splice is not
installed in accordance with its listing, in
violation of NEC Article 110.3(B) and 110.14.

2 Junction Box The receptacle is not GFCI-WR rated or

listed for use in wet locations in violation
of NEC Article 210.8(A)(2) & (A)(3).

3 Supply Side Connection The neutral conductor is terminated at an

individual terminal that already contains another
conductor in violation of NEC Article 408.41.

4 Array Ungrounded conductors are not properly

identified, in violation of NEC Article 200.7.

5 Feeder Tap Connection Feeder tap conductor splice is not installed

in accordance with its listing, in violation of
NEC Article 110.3(B) and 110.14.

72
10.2.5 Structural Deficiencies: 28% of Systems Inspected
Below, we have summarized the top 5 deficiencies found related to Structural issues.

Table 6. Top Structural Deficiencies

Rank System Component Deficiency Description Example
1 Array Racking system mechanical connections not made
correctly and/or racking not installed per manufacturer
instructions, in violation of NEC Article 110.3(B).

2 Inverter Inverter is not mounted in accordance with

manufacturer instructions, in violation of
NEC Article 110.3(B).

3 Inverter Moisture or evidence of moisture was found inside

the inverter, an approved method of moisture
accumulation prevention appears to be missing in
violation of NEC Article 314.15.

4 Array Roof penetrations are not properly sealed and flashed

to prevent moisture ingress.

5 AC Combiner AC Combiner does not have sufficient working

clearances as required by NEC Article 110.26.

73
Table 7. Deficiency as a Percent of All Deficiencies Found
Frequency System Defect Deficiency Description
Component Category
44% All Labeling This deficiency includes all labeling violations found within all the
Regions.
2.3% Supply Side Grounding Grounded (neutral) conductor is not properly bonded to PV service
Connection disconnect enclosure using a listed grounding bus or terminal, or
the grounded conductors are not properly bonded to the Grounding
Electrode Conductor (GEC), in violation of NEC Article 250.24(C).
2.2% Supply Side Grounding The top of the grounding electrode is not flush with, or below, ground
Connection level in violation of NEC Article 250.53(G).
1.8% AC Disconnect Grounding Enclosure is not properly grounded using a listed grounding method,
in violation of NEC Articles 690.43, 250.8, and 250.12. Enclosure must
be grounded with equipment listed for the purpose and that is solidly
connected to the enclosure body.
1.6% Supply Side Conduit Conduit is missing an approved internal sealant at penetrations
Connection between conditioned and unconditioned spaces to prevent
condensation, in violation of NEC Article 300.7(A).
1.5% Supply Side Conductors Service Entrance conductor splice is not installed in accordance with its
Connection listing, in violation of NEC Article 110.3(B) and 110.14.
1.4% Supply Side Grounding The GEC is not continuous or irreversibly spliced, in violation of NEC
Connection Articles 250.64(C) and 690.47(C). Allowable means of splicing the GEC
include compression crimp and exothermic welding processes.
1.1% Array Structural Racking system mechanical connections not made correctly and/or
racking not installed per manufacturer instructions, in violation of NEC
Article 110.3(B).
1.1% AC Combiner Grounding Enclosure is not properly grounded using a listed grounding method,
in violation of NEC Articles 690.43, 250.8, and 250.12. Enclosure must
be grounded with equipment listed for the purpose and that is solidly
connected to the enclosure body.
1.0% Array Electrical Electrochemically dissimilar metals are in direct physical contact, which
may lead to a galvanic reaction, in violation of NEC Article 110.14 (for
conductors/splice components) and/or RMC-NEC 344.14, EMT-NEC
358.12(6) (for conduit and surrounding materials).
1.0% Inverter Conduit Conduit is improperly used to support conductors, in violation of NEC
Article 300.11(B).
0.9% AC Disconnect Conduit Conduit is missing an approved internal sealant at penetrations
between conditioned and unconditioned spaces to prevent
condensation in violation of NEC Article 300.7(A).
0.9% Supply Side Conduit Circuit conduit or raceway lacks adequate support, in violation of NEC
Connection (LFMC-350.30, EMT-358.30, Metal Trough-376.30).
0.9% Supply Side Grounding Enclosure is not properly grounded using a listed grounding method,
Connection in violation of NEC Articles 690.43, 250.8, and 250.12. Enclosure must
be grounded with equipment listed for the purpose and that is solidly
connected to the enclosure body.
0.9% Array Conduit Conduit is missing an approved internal sealant at penetrations
between conditioned and unconditioned spaces to prevent
condensation, in violation of NEC Article 300.7(A).

74
11. Unified Residential Solar PV Permit
Application The workable version of this document can be found at nyserda.ny.gov/
SolarGuidebook, under the Solar Permitting and Inspecting tab.

PERMIT APPLICATION

NY State Unified Solar Permit

Unified solar permitting is available statewide for eligible solar photovoltaic (PV) installations. Municipal authorities
that adopt the unified permit streamline their process while providing consistent and thorough review of solar PV
permitting applications and installations. Upon approval of this application and supporting documentation, the
authority having jurisdiction (AHJ) will issue a building and/or electrical permit for the solar PV installation
described herein.

PROJECT ELIGIBILITY FOR UNIFIED PERMITTING PROCESS

By submitting this application, the applicant attests that the proposed project meets the established eligibility
criteria for the unified permitting process (subject to verification by the AHJ). The proposed solar PV system
installation:
 Yes  No 1. Has a rated DC capacity of 25 kW or less.
 Yes  No 2. Is not subject to review by an Architectural or Historical Review Board. (If
review has already been issued answer YES and attach a copy)
 Yes  No 3. Does not need a zoning variance or special use permit.
(If variance or permit has already been issued answer YES and attach a copy)
 Yes  No 4. Is mounted on a permitted roof structure, on a legal accessory structure, or ground mounted
on the applicant’s property. If on a legal accessory structure, a diagram showing existing
electrical connection to structure is attached.
 Yes  No 5. The Solar Installation Contractor complies with all licensing and other requirements of
the jurisdiction and the State.
 Yes  No 6. If the structure is a sloped roof, solar panels are mounted parallel to the roof surface.

For solar PV systems not meeting these eligibility criteria, the applicant is not eligible for the Unified Solar Permit and
must submit conventional permit applications. Permit applications may be downloaded here: [BUILDING
DEPARTMENT WEBSITE] or obtained in person at [BUILDING DEPARTMENT ADDRESS] during business hours
[INDICATE BUSINESS HOURS].

SUBMITTAL INSTRUCTIONS
For projects meeting the eligibility criteria, this application and the following attachments will constitute the
Unified Solar Permitting package.
• This application form, with all fields completed and bearing relevant signatures.
• Permitting fee of $[ENTER FEE HERE], payable by [ENTER VALID PAYMENT METHODS, If checks are
allowed INCLUDING WHO CHECKS SHOULD BE MADE PAYABLE TO]
• Required Construction Documents for the solar PV system type being installed, including required attachments.
Completed permit applications can be submitted electronically to [EMAIL ADDRESS] or in person at [BUILDING
DEPARTMENT ADDRESS] during business hours [INDICATE BUSINESS HOURS].

APPLICATION REVIEW TIMELINE

Permit determinations will be issued within [TIMELINE] calendar days upon receipt of complete and accurate applications.
The municipality will provide feedback within [TIMELINE] calendar days of receiving incomplete or inaccurate applications.

FOR FURTHER INFORMATION

Questions about this permitting process may be directed to [MUNICIPAL CONTACT INFORMATION].

Page 1 of 5

75
Page 1 of 5
PROPERTY OWNER

Property Owner’s First Name Last Name Title

Property Address

City State Zip

Section Block Lot Number

EXISTING USE
 Single Family  2-4 Family  Commercial  Other

PROVIDE THE TOTAL SYSTEM CAPACITY RATING (SUM OF ALL PANELS)

Solar PV System: ________ kW DC

SELECT SYSTEM CONFIGURATION

Make sure your selection matches the Construction Documents included with this application.
 Supply side connection with microinverters  Load side connection with DC optimizers
 Supply side connection with DC optimizers  Load side connection with microinverters
 Supply side connection with string inverter  Load side connection with string inverter

SOLAR INSTALLATION CONTRACTOR

Contractor Business Name

Contractor Business Address City State Zip

Contractor Contact Name Phone Number

Contractor License Number(s) Contractor Email

Electrician Business Name

Electrician Business Address City State Zip

Electrician Contact Name Phone Number

Electrician License Number(s) Electrician Email

Please sign below to affirm that all answers are correct and that you have met all the conditions and requirements to submit
a unified solar permit.

Property Owner’s Signature Date

Solar Installation Company Representative Signature Date

Page 2 of 5

76
SUBMITTAL REQUIREMENTS SOLAR PV 25KW OR LESS (ATTACHMENTS)

NY State Unified Solar Permit

This information bulletin is published to guide applicants through the unified solar PV permitting process for solar
photovoltaic (PV) projects 25 kW in size or smaller. This bulletin provides information about submittal requirements
for plan review, required fees, and inspections.
Note: Language in [ALL CAPS] below indicates where local jurisdictions need to provide information specific to the
jurisdiction. Language in italics indicates explanatory notes from the authors of this document that may be deleted
from the distributed version.

PERMITS AND APPROVALS REQUIRED

The following permits are required to install a solar PV system with a nameplate DC power output of 25 kW or less:
a) Unified Solar Permit
b) [LIST TYPE OF PERMIT(S) REQUIRED BY THE LOCAL JURISDICTION, i.e., ELECTRICAL OR BUILDING
PERMIT]. Planning review [IS/IS NOT] required for solar PV installations of this size.
Fire Department approval [IS/IS NOT] required for solar PV installations of this size.

SUBMITTAL REQUIREMENTS
In order to submit a complete permit application for a new solar PV system, the applicant must include:
a) Completed Standard Permit Application form which includes confirmed eligibility for the Unified Solar
Permitting process. This permit application form can be downloaded at [WEBSITE ADDRESS].
b) Construction Documents, with listed attachments [SAMPLES ARE AVAILABLE IN Understanding Solar PV
Permitting and Inspecting in New York State AT WEBSITE ADDRESS]. Construction Documents must be by
stamped and signed by a New York State Registered Architect or New York State Licensed Professional
Engineer.
[MUNICIPALITY NAME], through adopting the Unified Solar Permitting process, requires contractors to provide
construction documents, such as the examples included in the Understanding Solar PV Permitting and Inspecting in
New York State document. Should the applicant wish to submit Construction Documents in another format, ensure
that the submittal includes the following information:
• Manufacturer/model number/quantity of solar PV modules and inverter(s).
• String configuration for solar PV array, clearly indicating the number of modules in series and strings in
parallel (if applicable).
• Combiner boxes: Manufacturer, model number, NEMA rating.
• From array to the point of interconnection with existing (or new) electrical distribution equipment: identification
of all raceways (conduit, boxes, fittings, etc.), conductors and cable assemblies, including size and type of
raceways, conductors, and cable assemblies.
• Sizing and location of the EGC (equipment grounding conductor).
• Sizing and location of GEC (grounding electrode conductor, if applicable).
• Disconnecting means of both AC and DC including indication of voltage, ampere, and NEMA rating.
• Interconnection type/location (supply side or load side connection)
• For supply side connections only, indication that breaker or disconnect meets or exceeds
available utility fault current rating kAIC (amps interrupting capacity in thousands).
• Ratings of service entrance conductors (size insulation type AL or CU), proposed service disconnect, and
overcurrent protection device for new supply side connected solar PV system (reference NEC 230.82,
230.70).
• Rapid shutdown device location/method and relevant labeling.

Page 3 of 5

77
 c) (For Roof Mounted Systems) A roof plan showing roof layout, solar PV panels and the following fire safety
items: approximate location of roof access point, location of code-compliant access pathways, code
exemptions,
solar PV system fire classification, and the locations of all required labels and markings.
d) Provide construction drawings with the following information:
• The type of roof covering and the number of roof coverings installed.
• Type of roof framing, size of members, and spacing.
• Weight of panels, support locations, and method of attachment.
• Framing plan and details for any work necessary to strengthen the existing roof structure.
• Site-specific structural calculations.
e) Where an approved racking system is used, provide documentation showing manufacturer of the racking system,
maximum allowable weight the system can support, attachment method to roof or ground, and product evaluation
information or structural design for the rack.

PLAN REVIEW
Permit applications can be submitted to [DEPARTMENT NAME] in person at [ADDRESS] and [IF APPLICABLE]
electronically through: [WEBSITE/EMAIL/FAX].

FEES
[PROVIDE CLEAR FEE SCHEDULE]

INSPECTIONS
Once all permits to construct the solar PV installation have been issued and the system has been installed, it must
be inspected before final approval is granted for the solar PV system. On-site inspections can be scheduled by
contacting [DEPARTMENT] by telephone at [PHONE NUMBER] or electronically at [WEBSITE OR EMAIL ADDRESS].
Inspection requests received within business hours are typically scheduled for the next business day. If next business
day is not available, inspection should happen within a five-day window. [IF MUNICIPALITY ACCEPTS THIRD PARTY
INSPECTIONS, INDICATE THIS AND PROVIDE A LIST OF APPROVED INSPECTORS].
In order to receive final approval, the following inspections are required:
Delete Rough/Final inspection descriptions if not applicable in your jurisdiction
[ROUGH INSPECTION, IF REQUIRED] During a rough inspection, the applicant must demonstrate that the work in
progress complies with relevant codes and standards. The purpose of the rough inspection is to allow the inspector to
view aspects of the system that may be concealed once the system is complete, such as:
• Wiring concealed by new construction.
• Portions of the system that are contained in trenches or foundations that will be buried upon completion
of the system.
It is the responsibility of the applicant to notify [ENTER CONTACT INFORMATION] before the components are buried
or concealed and to provide safe access (including necessary climbing and fall arrest equipment) to the inspector.
The inspector will attempt, if possible, to accommodate requests for rough inspections in a timely manner.
[FINAL INSPECTION] The applicant must contact [INSERT CONTACT INFORMATION] when ready for a final inspection.
During this inspection, the inspector will review the complete installation to ensure compliance with codes and
standards, as well as confirming that the installation matches the records included with the permit application. The
applicant must have ready, at the time of inspection, the following materials and make them available to the inspector:
• Copies of as-built drawings and equipment specifications, if different than the materials provided
with the application.
• Photographs of key hard to access equipment, including;
– Example of array attachment point and flashing/sealing methods used.
– Opened rooftop enclosures, combiners, and junction boxes.
– Bonding point with premises grounding electrode system.
– Supply side connection tap method/device.
– Module and microinverter/DC optimizer nameplates.
– Microinverter/DC optimizer attachment.
Page 4 of 5

78
 and specification sheets.
• Array conductors and components are installed in a neat and workman-like manner.
• Solar PV array is properly grounded.
• Electrical boxes and connections are suitable for environment.
• Array is fastened and sealed according to attachment detail.
• Conductor’s ratings and sizes match plans.
• AppropriateNAME]
[MUNICIPALITY signs has
are adopted
property aconstructed,
standardized installed andchecklist,
inspection displayed, including
which can bethefound
following:
in the Understanding
Solar PV– Permitting and Inspecting
Sign identifying PV power in New
sourceYork State attributes
system document,atfound here: [WEBSITE ADDRESS].
DC disconnect.
– Signchecklist
The inspection identifying AC point
provides an of connection.
overview of common points of inspection that the applicant should be prepared
– Rapid shutdown device
to show compliance. If not available, commonmeets applicable
checks requirements of NEC 690.12.
include the following:
• • Equipment ratings are consistent with application
Number of solar PV modules and model number match plans and and installed signs on the installation,
specification including
sheets number match plans
the
andfollowing:
specification sheets.
– Inverter
• Array has aand
conductors rating as high asare
components max voltageinon
installed PV power
a neat source sign. manner.
and workman-like
– DC-side overcurrent circuit
• Solar PV array is properly grounded. protection devices (OCPDs) are DC rated at least as high as max voltage
on sign.
• Electrical boxes and connections are suitable for environment.
– Inverter
• Array is rated
is fastened andfor the site
sealed AC voltage
according supplied and
to attachment shown on the AC point of connection sign.
detail.
– OCPD connected
• Conductor’s ratings andtosizes
the AC output
match of the inverter is rated at least 125% of maximum current on sign
plans.
and is no
• Appropriate larger
signs arethan the maximum
property OCPD
constructed, on theand
installed inverter listingincluding
displayed, label. the following:
–– Sum of the main OCPD and the inverter OCPD is rated
Sign identifying PV power source system attributes at DC disconnect.for not more than 120% of the buss bar rating.
– Sign identifying AC point of connection.
UNIFIED SOLAR
– RapidPERMITTING
shutdown RESOURCES
device meets applicable requirements of NEC 690.12.
• Equipment ratings are consistent with application and installed signs on the installation, including
the following:
The jurisdiction has adopted the following documents from the New York Unified Solar Permit process:
– Inverter has a rating as high as max voltage on PV power source sign.
Delete any documents not adopted by the jurisdiction.
– DC-side overcurrent circuit protection devices (OCPDs) are DC rated at least as high as max voltage
• Standard on Application
sign. [WEB ADDRESS]
• Understanding Solar PVforPermitting
– Inverter is rated the site AC andvoltage supplied
Inspecting in NewandYork
shown on the
State AC pointwhich
document, of connection
includes sign.
sample
– OCPDdocuments,
construction connected to the AC output
inspection of thedesign
checklist, inverter is rated
review at leastand
checklist, 125% of maximum
labelling guidecurrent on sign
[WEB ADDRESS]
and is no larger than the maximum OCPD on the inverter listing label.
DEPARTMENTAL
– Sum CONTACT INFORMATION
of the main OCPD and the inverter OCPD is rated for not more than 120% of the buss bar rating.

For additional information regarding this permit process, please consult our departmental website at [WEBSITE]
orUNIFIED
contactSOLAR PERMITTING
[DIVISION NAME] RESOURCES
at [PHONE NUMBER].
The jurisdiction has adopted the following documents from the New York Unified Solar Permit process:
Delete any documents not adopted by the jurisdiction.
• Standard Application [WEB ADDRESS]
• Understanding Solar PV Permitting and Inspecting in New York State document, which includes sample
construction documents, inspection checklist, design review checklist, and labelling guide [WEB ADDRESS]

DEPARTMENTAL CONTACT INFORMATION

For additional information regarding this permit process, please consult our departmental website at [WEBSITE]
or contact [DIVISION NAME] at [PHONE NUMBER].

SUN-GEN-uspi-form-1-v3 Page 5 of 5
9/16

Questions?
If you have any questions regarding the solar permitting and inspecting process, please email questions to
[email protected]
SUN-GEN-uspi-form-1-v3 or request free technical assistance at nyserda.ny.gov/siting.
Page 5 of 5
The NYSERDA
9/16
team looks forward to partnering with communities across the state to help them meet their
solar energy goals.

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 Roof Top Access
And Ventilation
Understanding the 2020 NYS Uniform Code as it relates to roof top access
and ventilation for residential and nonresidential solar energy systems

Solar Guidebook for Local Governments

NYSERDA 17 Columbia Circle Albany, NY 12203

81
Section Contents
1. Residential Roof Top Access - 2020
Residential Code of New York State . . . . . . . . . . . . . 83
1.1 Section 324 - Solar Energy Systems . . . . . . . . . . 83
1.2 Possible Scenarios for Rooftop
Access & Residential PV Installations . . . . . . . . . . 85
2. Nonresidential Roof Top Access – 2020
Fire Code of New York State . . . . . . . . . . . . . . . . . . . . 91
2.1 Section 1204 Solar Photovoltaic
Power Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
2.2 Possible Scenarios for Rooftop Access
& Nonresidential PV Installations . . . . . . . . . . . . . 93
3. NYSERDA’s Conclusion . . . . . . . . . . . . . . . . . . . . . . . . 96

82
Overview
Through the 2020 New York State Uniform Fire Prevention and Building Code
(Uniform Code), specific codes are set in place regarding rooftop access and
ventilation when installing a solar photovoltaic (PV) system. This section provides
information on the parts of the 2020 Residential Code of New York State (2020
RCNYS) and the 2020 Fire Code of New York State (2020 FCNYS) that are
applicable to solar PV installers and Authorities Having Jurisdiction (AHJ), when
installing and inspecting PV systems. Additionally, figures are shown in this chapter
to visualize and explain scenarios where rooftop access and ventilation will be
needed to adhere with the 2020 Uniform Code.
We encourage you to have a discussion with your local code official to determine the specific requirements for your solar
installation. In New York State, it is the responsibility of the local AHJ to administer and enforce the Uniform Code as well as
any applicable local zoning and land use laws.
Always consult with your local code official to determine code compliance. 2020 RCNYS Code text is black.

Additional commentary is blue.

1. Residential Roof Top Access –

2020 Residential Code of NYS
1.1 Section 324 - Solar Energy Systems
R324.1 General. Solar energy systems shall comply with the provisions of this section.
R324.2 Solar thermal systems. Solar thermal systems shall be designed and installed in accordance with Chapter 23 and
Fire Code of New York State.
(This is a reference to the 2020 Fire Code of New York.)

R324.3 Photovoltaic systems. Photovoltaic systems shall be designed and installed in accordance with Sections R324.3.1
through R324.7.1 and NFPA 70 and the manufacturer’s installation instructions.
(NFPA 70 is also known as the National Electrical Code.)

R324.3.1 Equipment Listings. Photovoltaic panels and modules shall be listed and labeled in accordance with UL1703.
Inverters shall be listed and labeled in accordance with UL 1741. Systems connected to the utility grid shall use inverters listed
for utility interaction.
R324.4 Rooftop-mounted photovoltaic systems. Rooftop-mounted photovoltaic systems installed on or above the roof
covering shall be designed and installed in accordance with this section.
R324.4.1 Structural requirements. Rooftop-mounted photovoltaic panel systems shall be designed to structurally support
the system and withstand applicable gravity loads in accordance with Chapter 3. The roof on which these systems are
installed shall be designed and constructed to support the loads imposed by such systems in accordance with Chapter 8.
R324.4.1.1 Roof load. Portions of roof structures not covered with photovoltaic panel systems shall be designed for

dead loads and roof loads in accordance with Sections R301.4 and R301.6. Portions of roof structures covered with
photovoltaic panel systems shall be designed for the following load cases:
1. Dead load (including photovoltaic panel weight) plus snow load in accordance with Table R301.2(1).
2. Dead load (excluding photovoltaic panel weight) plus roof live load or snow load, whichever is greater, in
accordance with Section R301.6
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 R324.4.1.2 Wind load. Rooftop-mounted photovoltaic panel or module systems and their supports shall be designed
and installed to resist the component and cladding loads specified in Table R301.2(2), adjusted for height and
exposure in accordance with Table R301.2(3).
R324.4.2 Fire classification. Rooftop-mounted photovoltaic panel systems shall have the same fire classification as the
roof assembly required in Section R902.
R324.4.3 Roof penetrations. Roof penetrations shall be flashed and sealed in accordance with Chapter 9.
(The adequacy of the roof structure should always be determined by a New York State Licensed Professional Engineer
or Registered Architect)

R324.5 Building–integrated photovoltaic systems. Building–integrated photovoltaic systems that serve as roof covering
shall be designed and installed in accordance with Section R905
R324.5.1 Photovoltaic shingles. Photovoltaic shingles shall comply with Section R905.16
(R905 is the 2020 Residential Code’s section for “Roof Assemblies.” R905.16 specifically addresses photovoltaic
shingles, which references back to R324 and NFPA 70)

R324.5.2 Fire classification. Building-integrated photovoltaic systems shall have a fire classification in accordance
with Section R902.3
R324.6 Roof access and pathways. Roof access, pathways and setback requirements shall be provided in accordance
with Sections R324.6.1 through R324.6.2.1. Access and minimum spacing shall be required to provide emergency access in
the roof, to provide pathways to specific areas of the roof, provide for smoke ventilation opportunity areas, and to provide
emergency egress from the roof.
Exceptions:
1. Detached, nonhabitable structures, including but not limited to detached garages, parking shade structures, carports,
solar trellises and similar structures, shall not be required to provide roof access.
2. Roof access, pathways and setbacks need not be provided where the building official has determined that rooftop
operations will not be employed.
3. These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (17-percent slope)
or less.
[NY] R324.6.1 Pathways. Not fewer than two pathways, on separate roof planes from the lowest roof edge to ridge and
not less than 36 inches (914mm) wide, shall be provided on all buildings. Not fewer than one pathway shall be provided
on the street or driveway side of the roof. For each roof plane with a photovoltaic array, a pathway not less than 36
inches wide (914 mm) shall be provided from the lowest roof edge to ridge on the same roof plane as the photovoltaic
array, on an adjacent roof plane, or straddling the same and adjacent roof planes. Pathways shall be over areas capable
of supporting fire fighters accessing the roof. Pathways shall be located in areas with minimal obstructions such as vent
pipes, conduit, or mechanical equipment. Pathways on opposing roof slopes shall not be located along the same plane as
the truss, rafter, or other such framing system that supports the pathway.
Exception: Access pathways shall not be required on roof slopes containing photovoltaic modules, panels, or an
array where the opposing or adjacent roof slope is an access roof.
[NY] R324.6.2 Setback at ridge. Photovoltaic arrays shall not be located less than 18 inches (457 mm) from a

horizontal ridge.
[NY] R324.6.2.1 Reserved.
R324.6.2.2 Emergency escape and rescue opening. Panels and modules installed on dwellings shall not be placed

on the portion of a roof that is below an emergency escape and rescue opening. A pathway not less than 36 inches
(914mm) wide shall be provided to the emergency escape and rescue opening.
R324.7 Ground-mounted photovoltaic systems. Ground-mounted photovoltaic systems shall be designed and installed in
accordance with Section R301.

84
1.2.  Possible Scenarios for Rooftop Access & Residential PV Installations
Typical single ridge residence (Figure 1)

Driveway

36”
Street

Ventilation
Ridge

Solar Array

This is a typical residential single ridge residential structure. We will use this as an example to further evaluate
and explain the various options.

85
Typical single ridge residential (Figure 2)

36”
Street

Ventilation
Ventilation North
Ridge
Ventilation South
Solar
Array Solar Array
36” 36”
Roof
Access
Ground
Access
Area

Driveway

This is a typical single ridge residential structure that complies with the required setbacks, pathways and ventilation
with no exceptions. The Emergency Escape and Rescue Opening (EERO) is on gable end.

Basic Requirements being met:

1. Not fewer than two pathways
2. Not fewer than one pathway shall be provided on the street or driveway side of the roof
3. F
 or each roof plane with a photovoltaic array, a pathway not less than 36 inches wide (914 mm) shall be
provided from the lowest roof edge to ridge

86
Typical single ridge structure where one or more exceptions apply (Figure 3)

Driveway

36”
Street

Ventilation
Ridge

Solar
Array Solar Array

The following exceptions apply to all residential structures:

1. Detached, nonhabitable structures, including but not limited to detached garages, parking shade structures,
carports, solar trellises, and similar structures shall not be required to provide roof access
2. Roof access, pathways and setbacks need not be provided where the building official has determined that
rooftop operations will not be employed
3. These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal
(17-percent slope) or less

87
Single ridge residential access from opposing roof slopes (Figure 4)

Driveway

Ground
Access
Area

Roof
Access 36”
36” 36”
Street

Ventilation
Ventilation
Ridge
Ventilation

Solar
Array Solar Array

This is showing a single ridge with access from an opposing roof slope. The two access points and pathways allow two
directions of access and egress which do not share a common truss or rafter.

Basic Requirements being met:

1. Not fewer than two pathways; one opposing roof slope
2. Not fewer than one pathway shall be provided on the street or driveway side of the roof
3. For each roof plane with a photovoltaic array, a pathway not less than 36 inches wide (914 mm) shall be provided
from the lowest roof edge to ridge

88
Single ridge residential roof access from adjacent roof (Figure 5)

Driveway

Ground
Access
Area

Roof
Access 36” 36”
Street

Ventilation
Ventilation
Ridge
Ventilation

Solar
Array Solar Array

Ground
Access
Area
Access
Roof

Similar to the previous figure, but with adjacent roof providing 36” wide minimum access to the ridge or peak of an
adjoining roof surface containing solar panels, modules, or array. This figure shows that access is provided by the
opposing and adjacent roof planes, but not the same roof plane as the array. This demonstrates how to use opposing
and adjacent roofs to meet the requirements

Basic Requirements being met:

1. Not fewer than two pathways; one opposing roof slope, one adjacent roof
2. Not fewer than one pathway shall be provided on the street or driveway side of the roof
3. F
 or each roof plane with a photovoltaic array, a pathway not less than 36 inches wide (914 mm) shall be
provided from the lowest roof edge to ridge

89
Hip Roof — venting with two roof pathways and ground access (Figure 6)

Street

Driveway

Ground
Access
Area

Roof
Access

Ventilation
Ventilation
Ridge
Ventilation
Roof
Solar Array Access
Solar Array
Ground
Access
Area

Typical hip roof showing venting location on both sides of the ridge and clear access pathway extending from the roof
access point to the ridge or peak. Access and egress are from opposite sides and does not rely on the same roof truss
or rafter and clear ground access.

Basic Requirements being met:

1. Not fewer than two pathways; one opposing roof slope, one adjacent roof
2. Not fewer than one pathway shall be provided on the street or driveway side of the roof
3. For each roof plane with a photovoltaic array, a pathway not less than 36 inches wide (914 mm) shall be provided
from the lowest roof edge to ridge

90
2. N
 onresidential Roof Top
Access – 2020 Fire Code of
New York State
The following explains the 2020 Fire Code of New York requirements for access, pathways and ventilation for other than
Group R-3. Many of the requirements are similar to those for residential structures (Group R-3) yet there are some differences
as explained below.

2.1 Section 1204 Solar Photovoltaic Power Systems

1204.1 General. Solar Photovoltaic systems shall be installed in accordance with Sections 1204.2 through 1204.5, and the
Building Code of New York State or Residential Code of New York State. The electrical portion of solar PV shall be installed in
accordance with NFPA 70.
1204.2 Access and pathways. Roof access, pathways, and spacing
requirements shall be provided in accordance with Sections 1204.2.1
through 1204.3.3. Pathways shall be over areas capable of supporting
fire fighters accessing the roof. Pathways shall be located in areas
with minimal obstructions, such as vent pipes, conduit or mechanical
equipment.
Exceptions:
1. D
 etached, non-habitable Group U structures including, but
not limited to, detached garages serving Group R-3 buildings,
parking shade structures, carports, solar trellises, and
similar structures.
2. Roof access, pathways and spacing requirements need not be provided where the fire code official has determined
that rooftop operations will not be employed.
1204.2.1 Solar photovoltaic systems for Group R-3 buildings. Solar photovoltaic systems for Group R-3 buildings

shall comply with Sections 1204.2.1.1 through 1204.2.1.3.
Exceptions:
1. These requirements shall not apply to structures designed and constructed in accordance with the
Residential Code of New York State.
2. These requirements shall not apply to roof with slopes of 2 units vertical in 12 units horizontal or less.
1204.2.1.1 Pathway to Ridge. Not fewer than two 36-inch -wide (914mm) pathways on separate roof planes,

from lowest roof edge to ridge, shall be provided on all buildings. Not fewer than one pathway shall be
provided on the street or driveway side of the roof. For each roof plane with a photovoltaic array, not fewer
that 36-inch-wide (914mm) pathway from lowest roof edge to ridge shall be provided on the same roof plan
as the photovoltaic array, on an adjacent roof plane or straddling the same adjacent roof planes.
1204.2.1.2 Setback at ridge. For photovoltaic arrays occupying 33 percent or less of the plan view total roof

area, a setback of not less than 18 inches (457mm) wide is required on both sides of a horizontal ridge. For
photovoltaic arrays occupying more than 33 percent of the plan view total area, a setback of not less than 36
inches (457 mm) wide is required on both sides of a horizontal ridge.

91
 1204.2.1.3 Alternate setback at ridge. Where an automatic sprinkler system is installed within the dwelling in

accordance with Section 903.3.1.3, setbacks at the ridge shall conform to one of the following:
1. For photovoltaic arrays occupying 66 percent or less of the plan view total roof area, a setback of
not less than 18 inches (457 mm) wide is required on both sides of a horizontal ridge.
2. F
 or photovoltaics arrays occupying more than 66 percent of the plan view total roof area a
setback of not less than 36 inches (914mm) wide is required on both sides of a horizontal ridge.
1204.2.2 Emergency escape and rescue openings. Panels and modules installed on Group R-3 buildings shall not

be placed on the portion of a roof that is below an emergency escape and rescue opening. A pathway of not less
than 36 inches (914mm) wide shall be provided to the emergency escape rescue opening.
1204.3 Other than Group R-3 Buildings. Access to systems for buildings, other than those containing Group R-3
occupancies, shall be provided in accordance with Sections 1204.3.1 through 1204.3.3
Exception: Where it is determined by the fire code official that the roof configuration is similar to that of a Group R-3
occupancy the residential access and ventilation requirements in section 1204.2.1.1 through 1204.2.1.3 are a suitable
alternative.
1204.3.1 Perimeter Pathways. There shall be a minimum 6-foot-wide (1829 mm) clear perimeter around the

edges of the roof.
Exception: Where either axis of the building is 250 feet (76 200 mm) or less, the clear perimeter around the edges of

the roof shall be permitted to be reduced to a minimum width of 4 feet (1219 mm).
1204.3.2 Interior pathways. Interior pathways shall be provided between array sections to meet the

following requirements:
1. Pathways shall be provided at intervals not greater than 150 feet (45 720 mm) throughout the width and
length of the roof.
2. A pathway not less than 4 feet (1219 mm) wide in a straight line to roof standpipes or ventilation hatches.
3. A pathway not less than 4 feet (1219 mm) wide around roof access hatches, with not fewer than one such
pathway to a parapet or roof edge.
1204.3.3 Smoke ventilation. The solar installation shall be designed to meet the following requirements:
1. Where nongravity-operated smoke and heat vents occur, a pathway not less than 4 feet (1219 mm) wide
shall be provided bordering all sides.
2. Smoke ventilation options between array sections shall be one of the following:
2.1. A pathway not less than 8 feet (2438 mm) wide.
2.2. W
 here gravity-operated dropout smoke and heat vents occur, a pathway not less than 4 feet
(1219 mm) wide on not fewer than one side.
2.3. A pathway not less than 4 feet (1219 mm) wide bordering 4-foot by 8-foot (1219 mm by 2438 mm)
venting cutouts every 20 feet (6096 mm) on alternating sides of the pathway.

92
2.2 Possible Scenarios for Rooftop Access & Nonresidential PV Installations
Typical Nonresidential roof access greater than 250 feet (Figure 1)

Nonresidential building with either axis greater than 250 feet, minimum perimeter pathway of 6 feet. Interior
pathway not less than 8 feet, arrays of 150 feet maximum spacing with a 4-foot walkway to ventilation skylights.
(not drawn to scale)

93
Typical Nonresidential roof access greater than 250 feet with 4 foot by 8-foot ventilation skylight space (Figure 2)

Nonresidential building with either axis greater than 250 feet, minimum perimeter pathway of 6 feet. Interior pathway
not less than 8 feet, array of 150 feet maximum spacing between pathways, with a 4-foot by 8-foot walkway to
ventilation space. (not drawn to scale)

94
Typical Nonresidential roof access less than 250 feet (Figure 3)

Nonresidential building with either axis less than 250 feet, minimum perimeter pathway of 4 feet. Interior pathway not
less than 8 feet, array of 150 feet maximum spacing between pathways. (not drawn to scale)

Typical Nonresidential roof access less than 250 feet, with 4 foot by 8-foot ventilation space (Figure 4)

Nonresidential building with either axis less than 250 feet, minimum perimeter pathway of 4 feet. Interior pathway not
less than 4 feet, array of 150 feet maximum spacing between walkways with 4 foot by 8-foot ventilation space.
(not drawn to scale)

95
3. NYSERDA’s Conclusion
The 2020 NYS Uniform Code allows the designers of photovoltaic systems several options and alternatives with regard
to access, pathways and ventilation. These illustrations are offered as possible examples. It is not possible to show every
possible scenario. It is however up to the judgment of the local code official to determine final compliance with the codes.
Contractors, design professionals, and AHJ’s must consider many ventilation scenarios and consider that:
1. A fire can break out anywhere in a building. Methods should consider fires occurring in less than ideal locations and
during less than ideal conditions.
2. Emergency responders do not have x-ray vision. When approving an alternate ventilation method, AHJ’s should
consider the presence of attic storage atop a plywood base, finished attic space, or other such conditions that could
deter ventilation operations.
3. Contractors and AHJ must remember that the direction and magnitude of a prevailing wind can affect the location
of the ventilation opening.
For example, a wind from the north places positive pressure on the northern roof slope and negative pressure on
the southern slope. Under ideal conditions, a fire occurring in the northern portion of the building could necessitate
a ventilation opening on the northern roof slope. A moderate wind from the north, however, could reduce the
effectiveness of this opening due to positive wind pressures. In this case, it may be more effective to take advantage of
the negative roof pressures and place the ventilation opening on the southern roof slope.
4. Design professionals, contractors, and AHJ must consider how the building is framed.
For example, a building with a cathedral ceiling and a dividing wall along its peak would appear to necessitate
ventilation openings on both slopes to accommodate fresh air in less than ideal locations.

96
 State Environmental
Quality Review (SEQR)
for Solar
Background information and step-by-step instructions for municipalities
in the SEQR process for large-scale solar energy systems

Solar Guidebook for Local Governments

NYSERDA 17 Columbia Circle Albany, NY 12203

97
Section Contents
4. Preparing the Environmental Assessment
Form (EAF) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
4.1 Using the Online Tools . . . . . . . . . . . . . . . . . . . . . 112
1. SEQR Quick-Reference Guide . . . . . . . . . . . . . . . . . . . 99 4.1.1 How to use EAF Mapper and
1.1 Step-by-Step Instructions for Large-Scale Create the Project Review Area. . . . . . . . . 112
Solar Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 4.1.2 How to use the NYSDEC
1.1.1 Step 1: Is the Project Subject to SEQR?. . 100 Environmental Resource Mapper. . . . . . . . 113
1.1.2 Step 2: Prepare Environmental 4.1.3 Other Useful Resources. . . . . . . . . . . . . . . . 113
Assessment Form. . . . . . . . . . . . . . . . . . . . 100 4.2 Part 1 of the EAF . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
1.1.3 Step 3: Initiate Coordinated Review . . . . 100 4.3 Parts 2 and 3 of the EAF . . . . . . . . . . . . . . . . . . . . 115
1.1.4 Step 4: Identify and Evaluate 5. Agency Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Environmental Impacts. . . . . . . . . . . . . . . . 100
5.1 Wetlands and Streams . . . . . . . . . . . . . . . . . . . . . 116
1.1.5 Step 5: Discuss Project Changes 5.2 Threatened and Endangered Species . . . . . . . . . 117
to Reduce Impacts . . . . . . . . . . . . . . . . . . . . 101 5.3 Cultural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . 117
1.1.6 Step 6: Determine Significance of 5.4 Agricultural Resources . . . . . . . . . . . . . . . . . . . . . . 117
Environmental Impacts. . . . . . . . . . . . . . . . . 101 5.5 Coastal Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
1.1.7 Step 7: File Negative Declaration. . . . . . . . 101 5.6 New York City Watershed . . . . . . . . . . . . . . . . . . . 118
1.1.8 Step 8: Positive Declaration . . . . . . . . . . . . 101 5.7 Adirondack Park . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
1.2 SEQR Flowchart for Large-Scale 6. Solar Developer Guidance . . . . . . . . . . . . . . . . . . . . . 118
Solar Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 6.1 Design Considerations . . . . . . . . . . . . . . . . . . . . . 118
2. Background on the SEQR Regulations . . . . . . . . . . 104 6.2 Useful Resources . . . . . . . . . . . . . . . . . . . . . . . . . . 119
2.1 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 6.3 Process Guidance . . . . . . . . . . . . . . . . . . . . . . . . . 120
2.2 Types of SEQR Actions . . . . . . . . . . . . . . . . . . . . . 104 7. Frequently Asked Questions (FAQs) . . . . . . . . . . . . 120
2.3 NYSDEC Amendments to the SEQR 7.1 How does the SEQR process get started? . . . . 120
Regulations Effective January 1, 2019 . . . . . . . . . 105 7.2 Who enforces SEQR? . . . . . . . . . . . . . . . . . . . . . . 120
2.3.1 627.5(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 7.3 What are Type I, Type II and
2.3.2 617.5(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Unlisted Actions? . . . . . . . . . . . . . . . . . . . . . . . . . . 120
3. SEQR Process Overview . . . . . . . . . . . . . . . . . . . . . . 106 7.4 Is a large-scale ground-mount solar
energy system a Type I, Type II Unlisted Action?
3.1 Defining the SEQR Action . . . . . . . . . . . . . . . . . . 106 What about a large-scale rooftop solar
3.1.1 SEQR Action. . . . . . . . . . . . . . . . . . . . . . . . . 106 energy system? . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
3.1.2 Classifying the SEQR Action. . . . . . . . . . . 106 7.5 What are the most common environmental
3.2 SEQR Roles and Responsibilities . . . . . . . . . . . . 107 impacts of large-scale ground-mount
3.2.1 Lead Agency. . . . . . . . . . . . . . . . . . . . . . . . . 107 PV systems? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
3.2.2 Involved Agency. . . . . . . . . . . . . . . . . . . . . . 107 7.6 What is the difference between a “short"
3.2.3 Interested Agency. . . . . . . . . . . . . . . . . . . . 108 Environmental Assessment Form and a
“full” one? When is the “full” form required? . . . 121
3.2.4 The Public. . . . . . . . . . . . . . . . . . . . . . . . . . . 108
7.7 What is an “Environmental Impact Statement”? 121
3.2.5 Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 7.8 I am a municipal official. What are my SEQR
3.3 Establishing Lead Agency . . . . . . . . . . . . . . . . . . 108 responsibilities if a developer wants to
3.3.1 Identify Involved and Interested build a solar project in my jurisdiction? . . . . . . . 121
Agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 7.9 I am a solar developer. What am I required to
3.3.2 Prepare the Environmental do for the SEQR process? . . . . . . . . . . . . . . . . . . 122
Assessment Form (EAF). . . . . . . . . . . . . . . 109 7.10 I am a solar developer. What if the town
3.3.3 Coordinated Review. . . . . . . . . . . . . . . . . . 109 where my project is located will not serve
3.3.4 Uncoordinated Review. . . . . . . . . . . . . . . . . 110 as Lead Agency? . . . . . . . . . . . . . . . . . . . . . . . . . . 122
7.11 I am a solar developer in New York City. Do I have
3.4 Determine Significance . . . . . . . . . . . . . . . . . . . . . 110
to complete both the City Environmental Quality .
3.4.1 Prepare Parts 2 and 3 of the EAF. . . . . . . . 110
Review (CEQR) and the State Environmental
3.4.2 Review Significance Criteria. . . . . . . . . . . . . 111 Quality Review (SEQR)? . . . . . . . . . . . . . . . . . . . . 122
3.4.3 Notification Requirements. . . . . . . . . . . . . . . 111 7.12 Is NYSDEC changing the SEQR regulations for
solar projects? What are the changes? . . . . . . . 122
7.13 I read this guidance document but still have
questions. How can I get help? . . . . . . . . . . . . . . 123

98
Overview
When beginning solar development in your respective community, municipalities
must participate in a State Environmental Quality Review (SEQR) for rooftop and
ground-mount solar photovoltaic (PV) energy systems. Throughout this section,
we provide readers with an overview on the SEQR process, with step-by-step
instructions for large solar projects and the background on SEQR regulations.
Additionally, we include sections on preparing the environmental assessment form (EAF), agency coordination, solar
developer guidance and a list of frequently asked questions (FAQs) regarding the process.

Intended Use
This document is intended to be used in conjunction with the New York State Department of Environmental Conservation
(NYSDEC) SEQR Handbook, and has been reviewed by NYSDEC. References to specific sections of the SEQR Handbook are
included as hyperlinks throughout this document. Users are encouraged to click on hyperlinked words to access relevant
sections of the SEQR Handbook and other resources, such as the SEQR Regulations.8
To make this guidance document more relevant for solar energy projects supported by NYSERDA, it assumes that projects
would be sited and designed in a manner that will avoid any significant environmental impacts. This by no means reduces
the level of evaluation that is required to make a determination of significance. Rather, it assumes that the outcome of the
rigorous process of review, coupled with good site selection on the part of the project developer and good guidance from
the municipal board, will result in the avoidance of significant environmental impacts.
Users of this document are encouraged to first review Section 1, “SEQR Quick Reference Guide,” which summarizes the steps
a municipal board completing the SEQR process for a solar energy project must complete. This section includes references
to other sections of this document if readers require more information. Other sections of this document provide step-by-step
instructions to fill out SEQR forms and answer questions that are specific to solar energy systems.
NYSERDA offers free technical assistance to municipalities completing the SEQR process for solar energy systems. To
request assistance, email [email protected].

1. SEQR Quick-Reference Guide

This quick-reference guide summarizes the SEQR process steps a Lead Agency must complete for a typical large-scale solar
project. (This guidance document assumes a municipal board will serve as Lead Agency.)
Most solar projects in NY-Sun’s Commercial and Industrial programs are 2-5 MW AC ground-mount systems. Ground-mount
installations require approximately five acres of land per megawatt. As a result, these systems tend to be located in rural
areas on flat to gently sloping farmland. Due to the limited area of impact associated with solar panel support structures,
much of the land can be maintained as grassland between and beneath the panels.
Since solar developers prefer the most economical projects, they are incentivized to avoid significant impacts to wetlands,
threatened and endangered species habitat, and archeological/historic sites. Solar installations do not require lighting and
water and sewer services. They do not increase population and school-age children that can impact services provided by
the community, county and State. Once constructed, the amount of traffic entering or leaving a solar installation is minimal.
As a result, many of the environmental impacts are avoided by design or simply do not exist due to the nature of the
installations. However, municipalities may still struggle with issues of land use compatibility, protection of agricultural lands
and visual impacts.

8
For example, the hyperlink “6 NYCRR 617.7(d)” in this document references Title 6, Chapter VI, Part 617, Section 7, Paragraph (d) of the New York Codes,
Rules and Regulations.

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1.1 Step-by-Step Instructions for Large-Scale Solar Projects
The following list describes the steps a municipal board serving as Lead Agency must complete for a large-scale solar
project.

1.1.1 Step 1: Is the Project Subject to SEQR?

See Section 4.1 for more information

• There must be a discretionary action by a municipal board or council, such as a site plan review, to trigger the SEQR
process (Actions subject to SEQR)
• If subject to SEQR, determine if the solar project is a:
> Type I Action (SEQR Handbook; NYS regulation)
> Type II Action (SEQR Handbook; NYS regulation)
> Unlisted Action (SEQR Handbook)
• The municipal board should undertake an initial review of the Applicant’s site plan to look for obvious problems with
environmental impacts and/or missing information.

1.1.2 Step 2: Prepare Environmental Assessment Form

See Section 4.3.2 for more information

• The Applicant prepares Part 1 of the Environmental Assessment Form (EAF) and provides it to the Lead Agency for review.
Use the online version of the EAF linked to the NYSDEC database. Workbooks, which provide instructions and examples
for preparing the EAF, are on the NYSDEC website.
• For Type I Actions, a Full EAF is required (FEAF, Part 1). If more than one agency is involved, coordinated review for the
establishment of the Lead Agency is required.
• For Unlisted Actions, a Short EAF may be used, but the municipal board may require the use of a Full EAF if it feels that
it will provide more complete information to evaluate possible impacts. Coordinated review is not required but may be
advisable to facilitate the environmental review process and to obtain permits or approvals quickly.

1.1.3 Step 3: Initiate Coordinated Review

See Section 4.3.3 for more information

• To initiate coordinated review, the municipal board submits to all Involved Agencies Part 1 of the EAF, along with project
plans and a coordination letter indicating the municipal board’s intent to serve as Lead Agency.
•L
 ead Agency must be agreed upon within 30 days of transmitting this information.

1.1.4 Step 4: Identify and Evaluate Environmental Impacts

See Section 4.4.1 for more information

• The municipal board, serving as Lead Agency, prepares Parts 2 and 3 of the EAF. The Lead Agency may request
technical assistance from the applicant to complete Part 2, but completion of Parts 2 and 3 are the responsibility of the
Lead Agency.
• Parts 2 and 3 of the Short EAF (SEAF, Parts 2 & 3).
• Parts 2 and 3 of the Full EAF (FEAF, Part 2) and (FEAF, Part 3).

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1.1.5 Step 5: Discuss Project Changes to Reduce Impacts
See Section 4.4.1 for more information

• This step is only required if the evaluation in Step 4 reveals “at least one significant adverse environmental impact.”
617.4(a)(1)
• The municipal board reviews significant environmental impacts with the Applicant to determine if project changes can be
incorporated to minimize or eliminate the impacts.

1.1.6 Step 6: Determine Significance of Environmental Impacts

See Section 4.4.2 for more information

• The municipal board determines the significance of the remaining environmental impacts identified in Step 4 by applying
the criteria in the SEQR regulations and guidance in the SEQR Handbook.
• The municipal board makes a Determination of Significance, issuing a negative or positive declaration (Part 3 of the Short
or Full EAF).

1.1.7 Step 7: File Negative Declaration

See Section 4.4.3 for more information

• Negative Declaration for an Unlisted Action - Filed with the Lead Agency
> Conditioned Negative Declaration (See 6 NYCRR 617.7(d))
•N
 egative Declaration for a Type I Action

1.1.8 Step 8: Positive Declaration

See Section 4.4.3 for more information

• Issuing a Positive Declaration requires the preparation of an Environmental Impact Statement (EIS).
• Information on preparing an EIS is provided in the SEQR Handbook.

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 State Environmental Quality Review Act (SEQR) Process Flow Chart For Solar Projects 1.2

Municipality Receives Application for Solar Project1 STEP 1

Is Action Subject
Non-discretionary/
to SEQR?
NO Ministerial Decision Only
Discretionary (eg., Building Permit)
Actions

YES
Municipality Classifies Action

Unlisted Action
Type I Action Type II Action

Is project subject to any

of the following?
6 NYCRR 617.4 (b) No Review
(8) Agricultural Districts Required

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(9) Historic Resources
YES (10) Public Parkland/
Open Space
Type I
SEQR Flowchart for Large-Scale Solar Projects

NO
STEP 2 STEP 2
Applicant Prepares Part I Applicant Prepares Part 1 of the
of Full EAF2 and submits to Short EAF2 (Full EAF Optional)
municipality and submits to Municipality
FEAF, Part 1 SEAF, Part 1

Is EAF complete
and accurate?
NO Use online version NO
of EAF2 Indicates Forward
Progression
YES
Indicates Reverse

Is more than one

Agency involved?
NO
 Municipality is
YES Lead Agency.
Must determine
significance within
STEP 3 20 days. Proceed to
Municipality Conducts Coordinated Review 3 STEP 4
• Identify Involved & Interested Agencies SEQR Flow Chart Footnotes
• Submit Part I EAF & Coordination Letter to Involved &
Interested Agencies 1.) This process assumes that the
• Lead Agency Must Be Agreed Upon Within 30 Days of municipality within which the project
Initiating Coordinated Review. occurs will serve as Lead Agency.
2.) Environmental assessment forms and the
STEP 5 (if necessary)
STEP 4 EAF workbooks that provide guidance on
If a potential adverse impact is identified
Municipality Prepares Parts 2 & 3 of the EAF2 (SEQR Forms) preparing the forms can be found at
during the review process, the applicant
- municipality may request technical information from Applicant. http://www.dec.ny.gov/permits/6191.
may choose to evaluate alternatives and/
- can be prepared concurrently with Coordinated Review process. html
or modify proposed project plans to
eliminate or reduce the significance of 3.) Coordinated review is required for all
the impact Type I Actions involving more than one
involved agency (6 NYCRR 617.6 (b) (2) (i).
Although the SEQR regulations provide
Have the an option for Uncoordinated Review
Environmental of Unlisted Actions, it is recommended
Impacts Been that Coordinated Review be conducted
Addressed to the for both Type I and Unlisted Actions
NO Satisfaction of the involving more than one Involved Agency
Municipality? to complete SEQR in a timely manner.
Uncoordinated review requires each
agency to conduct their own SEQR process
YES

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that can result in unnecessary delays.
4.) Memorialized by resolution during a
meeting of the involved municipal board
STEP 6 taking action on the project. Typically,
Municipality Makes Determination of Significance Based on the Board will prepare a resolution that
Criteria Provided in 6NYCRR 617.7 and Guidance Provided at declares Lead Agency and makes the
www.dec.ny.gov/permits/47716.html Determination of Significance (Positive or
Negative Declaration). This can all be done
at the same meeting.
5.) Municipality Files Negative Declaration for
STEP 8 (if necessary)
a Type I Action with:
Municipality Issues Positive Declaration4
(EAF Part 3) Requiring Preparation of an Are there any • Chief Executive Officer of the Political
Environmental Impact Statement Significant Subdivision in Which the Action is
YES Located
File Positive Declaration in Accordance Environmental
with 6NYCRR 617.12(b)(1) • Lead Agency
Impacts?
SEQR Forms • All Involved Agencies
• Any Person Requesting a Copy
• The Applicant
• Published in the Environmental Notice
NO Bulletin
For Unlisted Actions, Negative Declaration
is filed with the Lead Agency and Must
STEP 7 be Made Available to the Public Upon
Follow Requirements provided in
Municipality Issues Negative Declaration 4,5 Request
6NYCRR 617.9
EIS Process (EAF Part 3)
SEQR Forms
2. Background on the SEQR Regulations
2.1 Background
SEQR applies whenever a State or local government agency (including districts and special boards and authorities) must
approve or fund a privately or publicly sponsored action. It also applies whenever an agency directly undertakes an action.
For large-scale solar installations, the relevant agency is likely to be the local planning board or zoning board of appeals
where a site plan application, or special use permit, is involved. The relevant agency may be the local legislative body if the
project needs rezoning or that body has reserved for itself the authority to review particular applications.
SEQR requires all State and local government agencies to consider the environmental impacts and social and economic
factors of specified actions. The State and local agencies must consider the environmental significance of any action they
have discretion to approve, fund or directly undertake. SEQR regulations provide a systematic process to identify and
consider environmental factors early in the planning of an action, allowing the opportunity to modify projects to avoid
adverse impacts.
The SEQR process begins as soon as an agency or local government receives an application for an action or funding. The
relevant municipal board must first determine if an action is a Type I, Type II or Unlisted Action. Type I and Unlisted Actions
require further review under SEQR; Type II Actions require no further action under SEQR.

2.2 Types of SEQR Actions

Type I Actions are defined in SEQR regulations as those likely to have “at least one significant adverse environmental impact.”
Type I Actions are listed in the statewide SEQR regulations, or can be listed in an Involved Agency’s SEQR procedures. The
Type I list contains numeric thresholds; any actions that equal or exceed one or more of the thresholds results in a Type I
designation. A Type I Action always requires the completion of a Full EAF and coordinated review if more than one agency is
involved, but a Type I designation does not mean that an Environmental Impact Statement must be prepared.
Type II Actions are those with no significant adverse environmental impact, or ones that have been statutorily exempted from
SEQR review. Type II Actions do not require preparation of an EAF, a negative or positive declaration, or an EIS. Any action or
class of actions listed as Type II in the SEQR regulations requires no further processing under SEQR.
Unlisted Actions are those that do not appear on the Type I nor Type II lists. In many instances, this requires interpretation
of the regulation because not all projects fit neatly into the classifications provided in the regulations but may still meet
the intent. This interpretation is at the discretion of the Lead Agency and Involved Agencies. However, because these
interpretations can be legally challenged, municipalities should review the SEQR Handbook guidance (Type I Actions and
Type II Actions) and seek legal counsel as necessary.
Unlisted Actions represent the largest category of actions to be reviewed under SEQR. Although these actions are less likely
to have a significant adverse environmental impact than Type I actions, this does not imply that an Unlisted Action will never
have such an impact.
Review of an Unlisted Action may proceed using a Short EAF (see Section 5.0 for tips on preparing the EAF). A reviewing
agency may require at its discretion that a Full EAF be completed and coordinated review procedures be followed.
Examples include:
• There are potential adverse impacts that could be more thoroughly investigated by using a Full EAF and coordinating
review; or
• An agency has special concerns regarding a sensitive resource within its jurisdiction; or
• An agency is uncertain about the concerns of other Involved Agencies and decides to coordinate review; or
• The action falls just below the applicable Type I threshold; or
• Anytime the agency judges that the Type I procedures would be more helpful.

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2.3 NYSDEC Amendments to the SEQR Regulations Effective January 1, 2019
Under current SEQR regulations, the majority of commercial, ground-mount solar projects are considered Unlisted or
Type I Actions. NYSDEC has adopted amendments to SEQR to be effective January 1, 2019 that impact the review procedures
of solar projects. The Department adopted a new Type II category, to be codified at 6 NYCRR § 617.5 (c) (14) & (15), to read
as follows:

2.3.1 627.5(14)
Installation of solar energy arrays where such installation involves 25 acres or less of physical alteration on the following sites:
(i) closed landfills;
(ii) brownfield sites that have received a Brownfield Cleanup Program certificate of completion (“COC”) pursuant to ECL §
27-1419 and 6 NYCRR § 375-3.9 or Environmental Restoration Project sites that have received a COC pursuant to 6 NYCRR
§ 375-4.9, where the COC under either program for a particular site has an allowable use of commercial or industrial,
provided that the change of use requirements in 6 NYCRR § 375-1.11(d) are complied with;
(iii) sites that have received an inactive hazardous waste disposal site full liability release or a COC pursuant to 6 NYCRR §
375-2.9, where the Department has determined an allowable use for a particular site is commercial or industrial, provided
that the change of use requirements in 6 NYCRR § 375-1.11(d) are complied with;
(iv) currently disturbed areas at publicly-owned wastewater treatment facilities;
(v) currently disturbed areas at sites zoned for industrial use; and
(vi) parking lots or parking garages;

2.3.2 617.5(15)
Installation of solar energy arrays on an existing structure provided the structure is not:
(i) listed on the National or State Register of Historic Places;
(ii) located within a district listed in the National or State Register of Historic Places;
(iii) been determined by the Commissioner of the Office of Parks, Recreation and Historic Preservation to be eligible for
listing on the State Register of Historic Places pursuant to sections 14.07 or 14.09 of the Parks, Recreation and Historic
Preservation Law; or
(iv) within a district that has been determined by the Commissioner of the Office of Parks, Recreation and Historic
Preservation to be eligible for listing on the State Register of Historic Places pursuant to sections 14.07 or 14.09 of the
Parks, Recreation and Historic Preservation Law.
Projects that meet the criteria will require no further SEQR review.

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3. SEQR Process Overview
This section provides additional information on how to direct solar projects through the SEQR process. The SEQR regulations
and the SEQR Handbook provide detailed guidance on the entire SEQR process and should be referenced for any specific
questions regarding applicability, process and legal concerns.

3.1 Defining the SEQR Action

Upon receiving an application for a solar project, the relevant municipal board must determine whether SEQR applies to the
project (will there be discretionary decision-making on the part of the municipal board) and, if so, the “type” of SEQR action
that will be undertaken. This part of the process is Step 1 in the Quick-Reference Guide.

3.1.1 SEQR Action

The first step in the SEQR process is to determine whether the solar project is subject to SEQR. For SEQR to apply, there
must be an action on the part of a State, county or local governmental agency to approve, permit, fund, or directly undertake
a project. Relative to the approval of solar projects, it must be determined if the project requires a discretionary action (SEQR
Actions) on the part of the local board having jurisdiction. For most commercial ground- mount facilities, the action would be
a site plan review by the local planning board. The process could also involve a special use permit or even a zoning change,
which is less likely. For rooftop installations and residential projects, which are common non-discretionary actions, a building
permit may be the only approval required. Non-discretionary actions are not subject to SEQR, but all discretionary actions
are subject to SEQR. There may be a circumstance where the project requires only a building permit and, therefore, no
requirement for SEQR review by local government, but requires a permit from the State (for example, a wetland permit). Under
these circumstances, the State agency would have to address SEQR, but the local municipal board would not.

3.1.2 Classifying the SEQR Action

As identified in Section 3.2, there are three types of SEQR actions: Type I, Type II and Unlisted. Classifying actions by type
focuses largely on the size of the project and to some extent the proximity to sensitive environmental or social-cultural
resources. Thresholds are defined for Type I and Type II actions. Actions not falling under one of these categories are
referred to as Unlisted.
Thresholds that would classify a solar project as a Type I action include:
• The physical alteration of 10 acres or the expansion of any existing solar facility by 5 acres or more.
• An Unlisted Action that includes a nonagricultural use occurring wholly or partially within an Agricultural District (certified
pursuant to Agriculture and Markets Law, article 25-AA, sections 303 and 304) and exceeds 25 percent of any threshold
established in this section. (For example, the threshold for physical alteration of 10 acres would be reduced to 2.5 acres
in an Agricultural District, so any solar installation within an Agricultural District requiring more than 2.5 acres of land
would be elevated to a Type I action.)
• An Unlisted Action (unless the action is designed for the preservation of the facility or site) occurring wholly or partially
within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site that is
listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic
Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National
Register, or that is listed on the State Register of Historic Places. See the definition of “substantially contiguous.”
• An Unlisted Action, that exceeds 25 percent of any threshold in this section, occurring wholly or partially within or
substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space,
including any site on the Register of National Natural Landmarks pursuant to 36 CFR part 62, 1994 (see section 617.17 of
this Part). See the definition of ‘substantially contiguous’.
See a full list of Type I actions at 617.4.

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It is anticipated that most commercial ground-mount solar projects will be classified as Unlisted or Type I Actions. Rooftop
projects that involve discretionary decision-making (more than a building permit) are likely to be Unlisted Actions, unless an
historic structure is involved. However, the following Type II action might apply:
• Construction or expansion of a primary or accessory/appurtenant, nonresidential structure or facility involving less than
4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local
land use controls, but not radio communication or microwave transmission facilities (6 NYCRR 617.5(c)(7)).
Small residential projects may meet the thresholds for the following Type II action:
• Construction, expansion or placement of minor accessory/appurtenant residential structures, including garages, carports,
patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or other buildings not
changing land use or density (6 NYCRR 617.5(c)(10)).
The complete list of Type II actions is found at 6 NYCRR 617.5. While not required, it is a recommended practice that the
Lead Agency add a note to the project file indicating that the project was considered under SEQR and met all the
requirements for a Type II action.

3.2 SEQR Roles and Responsibilities

3.2.1 Lead Agency
This guidance document assumes that the municipal board exercising a discretionary approval for a large-scale solar
project will serve as Lead Agency. The Lead Agency has the greatest control over the environmental review process and
the greatest responsibility for ensuring SEQR procedures are thoroughly and appropriately followed. More information on
Lead Agency responsibilities is available in Chapter 3 of the SEQR Handbook. Decisions based on limited or incomplete
information can lead to legal challenges, especially for controversial projects, based on claims of an arbitrary and capricious
decision. The potential for a “bad” decision on the part of the Lead Agency can be minimized by following accepted industry
standards for investigations, requiring the preparation of the EAF using NYSDEC’s on- line version (that is linked to important
environmental data bases that auto-fill portions of the form (see Section 5 for more information on preparing EAFs)), and
seeking the review or advice of resource agencies, such as NYSDEC and other State, regional and local agencies, some of
which may be involved in the project.
The Lead Agency is also responsible for the following:
• Classifying the project (Type I, Type II, or Unlisted Action).
• Selecting the appropriate EAF for evaluation of the impacts.
• Conducting Coordinated Review with Involved and Interested Agencies, if applicable.
• Preparation of Parts 2 and 3 of the EAF. (The applicant may provide technical assistance to the Lead Agency,
but completion of Parts 2 and 3 are the responsibility of the Lead Agency.)
• Issuance of a Determination of Significance (a Positive or Negative Declaration).
• Filing notices.
• If a Positive Declaration is issued, follow requirements in 6 NYCRR 617.9 regarding the preparation of an
Environmental Impact Statement.

3.2.2 Involved Agency

An Involved Agency is any agency directly undertaking the project, or one that is responsible for approval, permitting or
funding. In the case of solar projects subject to SEQR, the municipal board would likely have the greatest review authority
over the project. Other Involved Agencies could include NYSERDA, given its role providing financial incentives, and other
State and county agencies that would need to approve, permit or fund the project. If coordinated review is required, the
municipal board would likely initiate the coordinated review process with the Involved Agencies to confirm its role as the
Lead Agency. It is the responsibility of the Involved Agencies to review Part 1 of the EAF and provide their guidance on
potential impacts. See Section 4.3.1 for a list of common Involved Agencies.

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If the SEQR process proceeds under Uncoordinated Review, each Involved Agency must conduct their own environmental
review (preparation of an EAF) and make a Determination of Significance. No Involved Agency may undertake an action
(approval, funding, permitting) without completing SEQR. If any Involved Agency issues a Positive Declaration, a coordinated
review will be required.

3.2.3 Interested Agency

An Interested Agency is any agency that may have an interest in a project or its environmental review process outcome, but
is not directly undertaking, approving, permitting or funding the project. Interested Agencies do not have a
required role in the coordinated review process and cannot be a Lead Agency. Interested Agencies will often provide
information pertinent to the resource with which they are concerned and serve as a valuable resource in the Lead Agency’s
process of determining the significance of impacts
Interested Agencies may have a permit or related approval to issue for the project, but it is non-discretionary. Examples of
this might include a NYS Department of Transportation Highway Work Permit, or county planning board review under Section
239-m of the general municipal code. Another common Interested Agency is the NYS Office of Parks, Recreation and Historic
Preservation (also referred to as the State Historic Preservation Office, or SHPO). This office reviews projects for their impacts
on cultural resources and issues their determination, which is not binding on the Lead Agency. Although the SEQR process
does not apply to federal agencies, they can be Interested Agencies if the project involves federal permits. The U.S. Army
Corps of Engineers is a well-known Interested Agency due to its jurisdiction over wetlands and Waters of the United States.
See Section 6 for more information on agency coordination and Section 4.3.1 for a list of common Interested Agencies.

3.2.4 The Public

The SEQR regulations do not require public input, but the SEQR process provides an opportunity for public input when a
Positive Declaration is issued. Local laws determine the level of public input. SEQR documentation (EAF, Positive or Negative
Declaration) must at least be filed with the Lead Agency and be available for public review upon request. The public will
have a limited role in the SEQR process for most solar projects. If the SEQR review for a project results in a Negative
Declaration, there is no specific step in the SEQR process that provides an opportunity for public review and feedback on
the environmental impacts of the project, other than the Determination of Significance being filed with the Lead Agency and
made publicly available upon request. However, all projects that require site plan review typically require a public hearing.
The public can then review the environmental impacts and other documentation and provide comments. Since a municipal
board usually serves as Lead Agency, this process may help to shape the Determination of Significance.

3.2.5 Applicant
The Applicant’s role in the SEQR process for a solar project is extensive. It is the Applicant’s responsibility to provide
complete and accurate information on project impacts. This may require numerous studies and coordination with agencies
and other experts. The Applicant must prepare Part 1 of the EAF and provide it to the Lead Agency for its review. In cases
where the Lead Agency does not possess the necessary expertise to complete Parts 2 and 3 of the EAF, it may request
technical assistance from the Applicant, or contract with a third-party consultant to assist in this review. However, the Lead
Agency is ultimately responsible for its own analysis and all decisions made.
The Applicant should also remain flexible and creative in the site design process to avoid significant environmental impacts.
This may require upfront work such as a wetland delineation, habitat assessment, and cultural resources survey. A pre-
application meeting with municipal officials is recommended to identify any concerns of the municipality early-on in the
process. Applicants can then remove from their plans any problems that would lead to one or more significant environmental
impacts and a Positive Declaration, which would require the completion of the EIS.

3.3 Establishing Lead Agency

For all Type I actions involving more than one Involved Agency and Unlisted Actions where coordination with the Involved
Agencies is desired, Lead Agency must be established through the Coordinated Review process (Step 3 of the SEQR
process). When there is only one Involved Agency or when the Uncoordinated Review option is chosen for Unlisted Actions,
there is no coordination process. This section discusses these processes in more detail.

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3.3.1 Identify Involved and Interested Agencies
Regardless of whether Coordinated or Uncoordinated Review is required or chosen, it is good practice to identify all the
Involved Agencies along with their roles in the permitting, funding, or approval process for the project. Preparation of Part 1
of the EAF and the associated research is helpful in identifying what additional permits and approvals might be needed. It is
the Applicant’s responsibility to assist the municipal board in identifying the involved and Interested Agencies. A typical list of
involved and Interested Agencies includes the following:
• NYSDEC – permits for wetlands, streams and threatened and endangered species.
• NYS Department of Transportation – work on State roads and right of way.
• NYS Department of Agriculture and Markets – impacts to farmland within an Agricultural District.
• NYS Department of State – work within the Coastal Zone.
• NYS Office of Parks, Recreation and Historic Preservation (State Historic Preservation Office): consultation for historic and
archeological resources.
• U.S. Army Corps of Engineers: permits for wetlands and waters of the U.S. (Note: federal agencies not subject to SEQR
but may serve as an Interested Agency)
• U.S. Fish and Wildlife Service: consultation for threatened and endangered species.
• County Planning & Farmland Protection Board: Section 239-m referral and Agricultural District impacts.
• New York City Department of Environmental Protection: work within the NYC Watershed.
• NYSERDA: funding via NY-Sun financial incentives.

3.3.2 Prepare the Environmental Assessment Form (EAF)

Step 2 of the SEQR process is likely to be combined with Step 1 in the form of a site plan application. Preparation of Part
1 of the EAF is typically required as part of the site plan review application requirements. If the municipal board has not
already, it would be very helpful for future applications to provide guidance on the contents for a site plan application and
any special considerations for SEQR. For example, some communities require the preparation of a Full EAF regardless of the
classification of the project (Type I or Unlisted).
The Applicant will prepare Part 1 of the EAF. Unless directed otherwise, the Applicant will use the Short EAF for Unlisted
Actions and a Full EAF for Type I Actions. Information on how to prepare the EAF is provided in Section 5.
Communication between the Applicant and the municipal board should begin early on so the Applicant is clear on what is
required for the application. The municipal board should provide an initial determination on the type of SEQR action (Type I,
Type II or Unlisted) so the applicant can submit the correct EAF.

3.3.3 Coordinated Review

Step 3 of the SEQR process is to designate the Lead Agency. If the municipal board is the only Involved Agency, there is no
required coordination. Unlisted Actions with multiple agencies can be progressed under Uncoordinated Review, whereby
each agency is responsible for completing SEQR on their own (described further in Section 4.4.3), or can proceed under
Coordinated Review. A project will likely proceed in a more efficient manner by using Coordinated Review for projects with
multiple Involved Agencies. For Type I Actions, Coordinated Review is required.
The municipal board reviewing the project would initiate Coordinated Review by submitting Part 1 of the EAF along with a project
location map, project plans, and a letter indicating the municipal board’s intent to serve as Lead Agency to all Involved Agencies,
requesting concurrence. It is common practice to include the Interested Agencies in this submittal. The Interested Agencies
may provide comments but they cannot participate in the establishment of Lead Agency. The process can take up to 30 days to
complete. By regulation, a Lead Agency must be agreed upon within 30 days of the Involved Agencies receiving the request.
The process can be expedited if desired and agreed to by the Involved Agencies. Some suggestions include:
• Include a statement at the end of the Lead Agency request letter that states the undersigned Involved Agency has no
objection to the municipal board serving as Lead Agency and provide a signature line.
• Contact the Involved Agencies and obtain a response by email.

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If an Involved Agency does not respond to the request within 30 days, it can be assumed that the Agency has no objections.
To keep a clear record of the SEQR process and the decisions being made, it is important for the municipal board to
memorialize the Lead Agency designation by resolution.
Challenges to Lead Agency are rare. If a challenge occurs, many times the Involved Agencies can resolve the dispute by
direct communication. If after 30 days there is no agreement on Lead Agency, then the disputing parties can request that the
NYSDEC Commissioner designate Lead Agency in accordance with 6 NYCRR 617.6(b)(5).

3.3.4 Uncoordinated Review

For an Unlisted Action, the municipal board may proceed with the SEQR process on its own via Uncoordinated Review. Each
Involved Agency must complete their own SEQR process. The benefit of this approach includes less effort on the part of the
municipal board and the potential to bypass the 30-day period to establish Lead Agency. This approach may be desirable
when timing is a critical factor for local approvals and funding deadlines. Conversely, this approach could lead to a longer
approval process for the project due to the need for each agency to complete SEQR on their own. For projects with several
Involved Agencies, this approach is not recommended.

3.4 Determine Significance

The Lead Agency is responsible for evaluating the impacts of a project and must complete its own analysis by preparing
Parts 2 and 3 of the EAF. The Lead Agency may request technical assistance from the Applicant or contract with a third-
party consultant, but the Lead Agency is ultimately responsible for its own analysis and decisions. If the Applicant has the
expertise, either directly or through a consultant, they may want to consider preparing Parts 2 and 3 immediately following the
preparation of Part 1 to provide technical assistance to the Lead Agency concerning the size of impacts.
It is not necessary to wait until Lead Agency has been established. The municipal board will have the responsibility of
reviewing the Applicant’s documentation and ensuring that a thorough evaluation has been performed. Based on the results
of Parts 2 and 3, the municipal board must determine if any of the impacts are significant, which will lead to the issuance of
either a Positive Declaration (EIS required) or a Negative Declaration (SEQR process ends).

3.4.1 Prepare Parts 2 and 3 of the EAF

Step 4 of the SEQR process involves the evaluation of the impacts of the project on the environment through the preparation
of Parts 2 and 3 of the EAF. Details on how to prepare these forms are provided in Section 5. Impact evaluation can be highly
subjective and biased. It is the municipality’s duty to protect the health, safety and welfare of the community, and as such it
should carefully review the results of this process. NYSDEC’s EAF Workbook provides useful information to determine if an
impact is small or moderate to large. Part 2 of the EAF provides subcategories of questions and thresholds that are indicative
of moderate to large impacts. Additionally, links to the EAF Workbook are provided to help answer specific questions. The
municipal board should not ignore common sense and general concerns that are important to the community. Checking
moderate to large indicates that there is the potential for a significant impact that needs to be resolved through additional
study and discussion in Part 3.
Part 3 of the EAF is the opportunity to strengthen the record by discussing the impact in greater detail, providing additional
studies and perhaps making design changes/incorporating best management practices to minimize or eliminate the impact
(Step 5 of the SEQR process). Common documentation provided in Part 3 includes the following:
• Wetland Delineation Report
• Threatened and Endangered Species Habitat Assessment
• Cultural Resources Survey
• Visual Impact Assessment
• Farmland Protection Strategy
Depending on the municipal board’s experience reviewing technical reports, coordination with Involved and Interested
Agencies may be critical to reaching a conclusion on the magnitude of the impact. Many municipalities require the Applicant

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to provide documentation from various agencies providing their opinion on impacts or the presence/absence of important
resources. This might include:
• Jurisdictional determination from the U.S. Army Corps of Engineers to address the presence/absence of wetlands and
other Waters of the United States
• Correspondence from NYSDEC concurring with the results of a habitat assessment.
• Opinion from SHPO on historic and archeological impacts.
Such information and guidance from the Involved and Interested Agencies provides closure on certain issues or may raise
new concerns that in either case will inform the Lead Agency’s decision.

3.4.2 Review Significance Criteria

Step 6 of the SEQR process involves a review of the SEQR significance criteria to evaluate whether the project warrants
additional review through the preparation of an EIS. The SEQR regulations require that the Lead Agency issue a Positive
Declaration if it is determined the project may have one or more significant adverse environmental impacts. The SEQR
Handbook provides guidance to determine significance. Creating a legally defendable determination of significance requires
consideration of the following factors described in the SEQR Handbook:
• the entire action (see Segmentation);
• the environmental assessment form (EAF);
• any other information provided by the Applicant, including the underlying application;
• the criteria for determining significance found in 617.7(c); and
• any input from Involved and Interested Agencies, organizations or the public.
The criteria identified in 617.7(c) should be used by the municipal board to determine whether the project must proceed to an
EIS. An indication of the need for an EIS is the need for mitigation. Mitigation is an additional level of protection that typically
must be developed through the continued local approval process. Mitigation assumes that an impact is significant and must
be reduced through special measures. A Negative Declaration cannot incorporate mitigation because issuance of a Negative
Declaration means a project has no significant impacts. As a result, there are no conditions placed on the project to address
environmental concerns. These issues should have all been addressed through design and best management practices.
However, the SEQR regulations (617.7(d)) do allow the Lead Agency to issue a Conditioned Negative Declaration, which
stipulates that no significant adverse environmental impact will occur if the Applicant fulfills certain conditions placed on the
solar project. Mitigation should not be confused with the actions taken by a project sponsor to modify project plans as part of
the review process, thereby avoiding or eliminating a potential adverse impact.

3.4.3 Notification Requirements

Steps 7 and 8 of the SEQR process involve the filing of the Determination of Significance. The SEQR Handbook provides
requirements for a Negative Declaration. The signature portion of EAF Part 3 serves as the Negative or Positive Declaration.
The municipal board should adopt its Negative or Positive Declaration by resolution, at which time the documents must be
filed as follows (more information on notices and filings is in the SEQR Handbook):
• Negative Declaration for an Unlisted Action - Filed with the Lead Agency
• Conditioned Negative Declaration for an Unlisted Action – Lead Agency must publish a notice in the Environmental
Notice Bulletin and provide at least a 30-day public review period starting from the publication date.
• Negative Declaration for a Type I Action or a Positive Declaration - the Lead Agency must retain a copy in its own files
and provide notice to, and file a copy of the declaration with:
> The chief executive officer of the political subdivision in which the action will be principally located;
> The Applicant, when there is one;
> All Involved Agencies;
> Individuals or groups who have requested a copy; and
> The Lead Agency must also file the notice of the declaration for publication in the Environmental
Notice Bulletin (ENB).
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4. Preparing the Environmental
Assessment Form (EAF)
Once the municipal board has determined if an action is Type I or Unlisted under SEQRA, the appropriate form must be
completed. These forms are located on the NYSDEC website. From this page, the user can navigate to both the EAF Mapper
Application and the EAF Workbook.
The EAF Mapper application generates partially completed EAF forms by utilizing GIS to complete certain geographic
questions. The use of the EAF Workbook, although not required, is an excellent guide to completing all three parts of either
the Short or Full EAF.
Part 1 of the FEAF provides details that help the municipal board understand the location, size, type, and characteristics of the
proposed project. Part 1 can be completed by the Applicant using information prepared as part of a submission for approval
along with maps, plats, or other studies. The Workbook provides background information, links to data and maps that will help
the Applicant locate information needed to answer the questions.
Part 2 of the FEAF is used by the municipal board to identify potential impacts that may result from the project. The municipal
board may ask the Applicant for clarification of information provided in Part 1, or for additional information.
Part 3 is used by the municipal board to determine if the potential adverse impacts identified in Part 2 are significant or not,
and whether a draft environmental impact statement (DEIS) will be prepared. If the municipal board determines that a DEIS
shall be required, Part 3 is also used to identify the scope (topics to be considered in more detail) for that evaluation. Part 3 is
also used to help the municipal board identify whether the Applicant has addressed the potential adverse impacts as part of
the project design. The municipal board is responsible to ensure it has the appropriate information to evaluate and determine
the significance of the action.
The guidance related to Parts 2 and 3 of the FEAF is not found in regulation, but it provides invaluable information as to
whether an impact is considered large or significant (and the difference between the two). It also provides certain thresholds
and examples of how to identify if an impact is small, moderate or large. Using the criteria outlined in the guidance assists the
municipal board in making its determination of significance utilizing a methodical, defensible approach.

4.1 Using the Online Tools

Links to all SEQRA forms, including the FEAF and SEAF, can be found on the NYSDEC website. These forms are supported
by the following browsers: Firefox, Internet Explorer 9 & above, Google Chrome and Safari. In addition, computers must have
Acrobat Reader to fill out and save the forms. If necessary, forms can be printed out and completed manually.

4.1.1 How to use EAF Mapper and Create the Project Review Area
The recommended sequence to complete Part 1 of either a FEAF or SEAF is as follows:
A. Go to the NYSDEC webpage.
B. Scroll to NYSDEC EAF Mapper to utilize the EAF Mapper Application. Although not required, it is recommended that you
enter the forms through the Mapper Application. This saves time by prefilling several Part 1 questions on both the SEAF
and the FEAF.
a. Navigate to the specific project location utilizing any of the following:
• Use the drop-down menus to enter the county and town where the project is located and zoom in to the
particular site;
• Use the ‘Locate Address’ tab to enter a specific address;
• Use the ‘Go To’ Place tab to enter a place name.
b. Define the specific project site boundary. Zoom in to the general area where the project is located. You may locate
your project in two ways:
• If tax parcel information is available for the project location, it will appear when you zoom in far enough on the
map. Click on the “Select Tax Parcel” button and click on the desired tax parcel on the map to select it.
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 • If tax parcels are not available, or if the project location is larger than a single parcel, use the “Draw Polygon”
button to draw a boundary around the project site. In both cases (tax parcel or polygon), the project site will be
shaded to show the extent and boundaries selected.
c. After locating the project site and its boundaries, a report can be generated by clicking the FEAF or SEAF button in
the bottom-right corner of the EAF Mapper.
Clicking the button for the Short EAF or Full EAF prompts EAF Mapper to return a fill-in, savable PDF with many
location- based questions in Part 1 already populated.
d. Always save the prefilled form to your network before completing the remaining questions in Part 1.9
C. Continue responding to Part 1 questions using the EAF Workbook as a guide.

4.1.2 How to use the NYSDEC Environmental Resource Mapper

Additional responses to questions in the EAF can be found using the NYSDEC Environmental Resource Mapper (NYSDEC
Environmental Mapper). This tool identifies freshwater wetlands, federal wetlands, water features, State-listed endangered or
threatened plants and animals, and significant natural communities on or near a project site.
For help using this tool, click on the question mark icon found on the upper right-hand corner of the page for step-by-step
instructions.

A. Navigate to the project site or area by address, municipality, county or zip code.
B. Using the layers and legend tab on the left choose the resources to be mapped. Note: clicking “All Layers” will provide
the most complete data for a site or area.
C. The map of the site or area will be generated.
D. The layers and legend tab also includes links to other wetland layers, information on permits and contacts for more
information, if needed.

4.1.3 Other Useful Resources

The EAF Workbook contains many links and sources of additional information that can be helpful to complete each part of the
EAF. Each question in the EAF includes a hyperlink to the EAF Workbook that provides more detail on the information that is
requested in a specific question. This information is presented in narrative descriptions, examples and additional links.
Useful links found on the NYSDEC SEQR homepage include:
•6
 NYCRR Part 617, State Environmental Quality Review (SEQR): The section of New York Codes, Rules and Regulations
on SEQR.
• Introduction to SEQR: This is NYSDEC’s introductory page on SEQR.
•S
 tepping Through the SEQR Process: A step-by-step guide to the SEQR process
•S
 EQR Publications: Publications pertaining to SEQR
• “EIS on the Web” Requirement: A resource to access Environmental Impact Statements.
• Critical Environmental Areas: Provides a list of such areas in each county.
•D
 EC Commissioner Decisions on Lead Agency Disputes: Overview with the Commissioner’s decisions on Lead Agency
disputes.
•S
 tate Environmental Quality Review Act - Adopted Amendments 2018: The NYSDEC website for adopted amendments to
streamline the SEQR process.

9
The pre-filled answers cannot be changed. Applicants should add supplemental information if they believe a “yes” response to an EAF mapper result is
incorrect. If the EAF mapper provides a “no” answer, both Applicants and municipalities can be confident that the environmental feature in question is not
present or adjacent to the site.

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4.2 Part 1 of the EAF
Part 1 of the FEAF provides details that help the municipal board understand the location, size, type and characteristics of the
proposed project. Part 1 can be completed by the Applicant using information prepared as part of a submission for approval
along with maps, plats, or other studies.
Questions in Part 1 of the FEAF are organized into the following major headings:
A. Project and Sponsor Information
B. Government Approvals
C. Planning and Zoning
D. Project Details
E. Site and Setting of Proposed Action
F. Additional Information
G. Verification
Each question includes a hyperlink to the EAF Workbook, which provides more detail on the information that is requested by
a specific question. For example, a question in Section D, “Project Details” (Question D.1.h) is pasted below. The Workbook
provides further explanation of the term “impoundment,” how to identify the source of an impoundment, and pertinent links to
potential permits.

Another example is taken from Section E, “Site and Setting of Proposed Action Designated Public Resources on or Near
Project Site” (Question E.3). This section of Part 1 was generated though the EAF Mapper link using a random location in
Saratoga County, New York, and a series of auto-filled responses. The affirmative response to E.3.f alerts the Applicant as
well as the municipal board that additional information is needed to identify the nature and extent of potential archeological
resources. Guidance in the EAF workbook provides a link to the NYS Cultural Resources Information System (CRIS), an on-line
tool maintained by the New York State Historic Preservation Office (SHPO).

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The Applicant should work through each question using the EAF Workbook to complete Part 1 of the FEAF. The Applicant
should submit this form along with a site map and any other information or studies (Section F. Additional Information) that will
help the municipal board understand and evaluate the project.

4.3 Parts 2 and 3 of the EAF

Part 2, “Identification of Potential Impact,” and Part 3, “Evaluation of Impacts and Determination of Significance,” are the
responsibility of the Lead Agency. Part 2 helps the Municipal board inventory the potential resources that could be
affected by the proposed action. The DEC website offers guidance to complete Part 2, as well as the Part 2 form. Again,
this section refers to Part 2 of the FEAF. Following general instructions, there are a series of topical questions followed by
sub-questions. Links on the first page of Part 2 provide helpful information to evaluate scale, context and impact.

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When trying to identify an impact and its relative size, it is often easier to evaluate the sub-questions first. Each major question
includes a hyperlink to the appropriate section of the EAF Workbook, and back to relevant questions in Part 1, as well as
examples and thresholds that can be used in the evaluation. The municipal board will use this information to determine if
there will be no impact or a small impact, or a moderate-to-large impact.
If “No or small impact may occur” was checked for all 18 questions in Part 2, the municipal board only needs to check the
appropriate box on Part 3 and sign it. The DEC website offers guidance to complete Part 3, as well as the Part 3 form. If any
question was checked “Moderate to large impact may occur,” the Lead Agency must include a discussion for each question
identified as such to determine how significant the moderate to large impact may or may not be.
According to the EAF Workbook, this discussion should evaluate the importance of the impact, take into account any
design element or project changes and provide the reason(s) why the impact may, or will not, result in a significant adverse
environmental impact. Based on the evaluation, the municipal board must check the appropriate box indicating a positive or
negative declaration and sign the form.
Check the appropriate box to indicate a Negative Declaration, Conditioned Negative Declaration, or Positive Declaration.

5. Agency Coordination
This section explores some of the more common environmental issues that may arise during the SEQR process for solar
projects and the agencies associated with them. As discussed in Section 4.3.3, agency coordination is a key component of
the SEQR process. Coordination helps the municipal board identify important environmental and social-cultural resources that
may be affected by the project. These agencies can provide closure on certain environmental issues and will help support
the record of decision, resulting in a more legally defensible outcome.
Many of the resources discussed in this section are applicable to ground-mount installations only. However, cultural resources
can be impacted by all types of solar installations (e.g. rooftop installations on historic structures).

5.1 Wetlands and Streams

In New York State, wetlands are primarily regulated by three agencies: U.S. Army Corps of Engineers (USACE), NYSDEC, and
the Adirondack Park Agency (APA). This section will focus on USACE and NYSDEC, which also regulate streams.
A separate section is devoted to APA involvement.
Wetlands are one of the most commonly encountered regulated environmental resources in New York State. Wetland
regulations significantly limit what can be done within wetland boundaries or buffers. Wetlands should be avoided to the
greatest extent practicable. Streams are regulated by USACE as Waters of the United States. The State regulates streams in
accordance with Article 15 of the Environmental Conservation Law, administered by NYSDEC.
For the purposes of complying with SEQR, the potential presence of wetlands and streams can initially be identified through
mapping. NYSDEC’s Environmental Resources Mapper identifies wetlands regulated under the State Freshwater Wetlands
program and all mapped streams and their water quality classification. If a State-regulated wetland or stream occurs on a
project site, it is likely that NYSDEC will be an Involved Agency.
The Environmental Resources Mapper also provides mapping from the U.S. Fish and Wildlife Service National Wetland
Inventory. This tool helps identify the potential presence of wetlands on a given site. All Waters of the U.S. are regulated
by USACE. The definition of waters of the U.S. includes most wetlands and streams. However, the determination of
federal jurisdiction has become much more complicated over the years. It is important to note that there is no recognized
regulatory federal wetland or stream mapping in the U.S. For a site to be properly identified, consult the 1987 Corps of
Engineers Wetland Delineation Manual and Regional Supplement to the Corps of Engineers Wetland Manual: Northcentral
and Northeast Region, Version 2.0 (January 2012). The municipal board should expect the Applicant to provide a wetland
delineation map for the site with surveyed boundaries. It is the Lead Agency’s responsibility to understand the magnitude
of impact as part of its determination of significance. If federal wetlands or other Waters of the U.S. are present, it is good
practice to include USACE as an Interested Agency.

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5.2 Threatened and Endangered Species
Certain rare species of plants and animals are protected as threatened and endangered species under both State and
federal regulations. Federally listed species are protected under the federal Endangered Species Act of 1973 (ESA; 16 U.S.C.
§ 1531 et seq.). The agencies responsible for implementing the ESA are the U.S. Fish and Wildlife Service and the National
Marine Fisheries Service. Solar projects in New York are likely to require coordination with only the U.S. Fish and Wildlife
Service. An initial screening for threatened and endangered species is available through its Information for Planning and
Consultation. The Applicant can use this website to input specific information on site location and receive a listing of species
that may occur in the area. The website is not intended to identify whether a species is present. If species are identified, it
becomes necessary to perform a habitat assessment to first determine if the site is suitable for the species and, if so, further
investigation may be necessary to determine presence/absence.
State-listed species are regulated by NYSDEC under 6 NYCRR Part 182. The potential presence of threatened and
endangered species is addressed in Part 1 of the EAF. Preparing the EAF using the interactive form will result in a link to
the protected species database and will automatically populate the question on the EAF. In addition, an initial screening for
protected species can be conducted by viewing the Environmental Resources Mapper. If the mapper indicates the potential
presence for protected species, the next step is to contact the NYS Natural Heritage Program for additional information.

5.3 Cultural Resources

For the purposes of SEQR, the term “cultural resources” refers to historic and archeological resources. This includes specific
sites that are listed on the State and National Register of Historic Places. These resources are protected under Section 106 of
the National Historic Preservation Act of 1966 (36 CFR Part 800) and the NYS Historic Preservation Act of 1980 (Article 14 of
the Parks, Recreation and Historic Preservation Law), implemented through the 14.09 State Regulations. Section 106 requires
federal agencies to consult with the State Historic Preservation Office (SHPO) for all federal actions. For solar installations, this
would most commonly occur when a wetland or stream impact permit is required from USACE. The 14.09 regulations require
the same for State agency actions. Local governments are not directly subject to these consultation requirements at either
the federal or State level. Indirectly, projects requiring State or federal approvals cannot move forward without consultation
and the SEQR process itself requires a sufficient evaluation of the impact on cultural resources. As a result, coordination
with SHPO during the SEQR process is highly encouraged and commonly practiced. Additionally, Unlisted Actions that occur
within historic sites are elevated to Type I Actions.
Initial review of potential impacts on cultural resources can be completed by accessing SHPO’s Cultural Resource Information
System (CRIS), where a mapping program will zoom in to the subject site, and existing Register and Register Eligible sites are
identified, along with a site sensitivity map for archeological resources.

5.4 Agricultural Resources

Ground-mount solar installations are commonly sited on agricultural land. In New York State, agricultural land in certain areas
of the State are protected under the Agriculture and Markets Law, specifically Article 25AA of the Agricultural Districts Law.
Part 1 of the EAF requires a calculation of the impact to productive agricultural soils regardless of whether the project is
located in a State-certified Agricultural District. Applicants may wish to consult the Department of Agriculture and Markets
document Guidelines for Agricultural Mitigation for Solar Energy Projects.
The NYSERDA factsheet Understanding Solar Installations in Agricultural Districts provides guidance on frequently asked
questions. The NYS Department of Agriculture and Markets may be an Interested Agency in the SEQR process and may
become an Involved Agency depending on the nature of the impact. If a project is located in an Agricultural District, the
following regulations/review processes may apply:
• Penalty for conversion of land to non-agricultural uses (excludes on-farm equipment where the solar installation does not
exceed 110% of the farm’s energy use).
• Notice of Intent – This would apply to solar installations that are primarily intended for off-farm use and are specific to
governmental actions.
• Farmland Protection Plans – Local farmland protection plans may provide specific recommendations for conserving
agricultural lands.

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5.5 Coastal Zone
Certain activities within the State’s Coastal Zone are regulated under the NYS Coastal Management Program (CZM),
administered by the NYS Department of State (NYSDOS). Part 1 of the EAF will determine whether a project is located within
the State Coastal Zone and if a Local Waterfront Revitalization Plan exists. State agencies are required to provide certification
that their actions do not significantly impact State coastal policies as provided in 19 NYCRR Part 600. Federal agencies
are required to comply with State policies and must coordinate with NYSDOS for federal coastal consistency review in
accordance with U.S. Department of Commerce regulations (15 CFR 930.57). Relative to solar projects within the coastal zone,
NYSDOS is an Interested Agency if their only involvement is consistency review. Those municipalities with approval Local
Waterfront Revitalization Plans (LWRP) are directly responsible for reviewing the consistency of the project with State policies.

5.6 New York City Watershed

Certain solar projects within New York City are subject to the City Environmental Quality Review Act (CEQR). This guidance
document does not provide details on this process, but additional information can be found at CEQR. Most solar installations
in New York City are rooftop installations that typically require only building permits.
Actions within the NYC Watershed are regulated by the NYC Department of Environmental Protection (DEP) and may be
subject to NYC DEP permitting. The SEQR process still applies within the NYC watershed, outside the City limits. However,
within the watershed, DEP would become an Involved Agency. The DEP funds and implements a Long-Term Watershed
Protection Program to preserve the quality of New York City’s water supply. A map of the NYC Watershed is provided at
Watershed Map.

5.7 Adirondack Park

The Adirondack Park Agency (APA) administers the Adirondack Park Agency Act (Executive Law, Article 27), the Freshwater
Wetlands Act (Environmental Conservation Law, article 24) within the Adirondack Park and, for private lands within the
Adirondack Park, the Wild Scenic and Recreational Rivers System Act (Environmental Conservation Law, article 15, title 27)
(APA Act). In general, municipalities approving solar projects within the Park may not be subject to SEQR but would be subject
to the APA regulations that guide land use. See guidance provided in the SEQR Handbook (Type II Actions).

6. Solar Developer Guidance

6.1 Design Considerations
Like any development project, the design and location of a solar project has a direct effect on the size and significance
of potential impacts. The Lead Agency is responsible to determine the significance of any impacts in the SEQR process.
A pre-application meeting with municipal officials is recommended to identify any concerns of the municipal board early-on
in the process. This may also allow the municipal board an opportunity to declare its intent to serve as Lead Agency, and to
determine the need for a Short EAF or Full EAF in the case of an Unlisted Action.
Important design considerations for siting a solar array include:
• Slope (avoidance of steep slopes)
• Aspect (the direction the panels face)
• Land area (sufficient area is required for large arrays)
• Proximity to electrical interconnection points
• Lack of other environmental constraints (e.g., avoid siting in wetlands, critical environmental areas, etc.

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Simply avoiding the Type I thresholds (See section 3.2) does not guarantee a project will not have significant impacts. During
project siting and design, the following questions should be addressed to identify other impacts that must be considered:
• What are the limits of disturbance?
• Is the project located in or near a federal or State wetland?
• Are there threatened and/or endangered species in or near the project site?
• Are there cultural resources on or adjacent to the site such as historic districts and structures and archeologically
sensitive areas?
• Is the project located in a coastal zone?
• Is it adjacent or within public parkland or public open space?
• Is the project in a Critical Environmental Area?
• Is the site in an agricultural district certified by NYS Agriculture and Markets?
If the site contains one or more of these resources, an Applicant may want to consider design modifications to avoid
any impacts.
A developer should also determine the following as they may result in additional Involved Agencies under SEQR.
• Is the project located in New York City?
• Is the project located in the New York City watershed?
• Is the project located in the Adirondack Park?
If a project is located within New York City, it is subject to the CEQR (City Environmental Quality Review). CEQR is New York
City’s process for implementing SEQR, and by law can be no less stringent than its State counterpart. CEQR is governed by
SEQRA, NYC’s Executive Order No. 91 (43 RCNY, Chapter 6), and the CEQR Rules of Procedure. Some of the primary practical
differences between CEQR and SEQRA are that CEQR provides guidance on selection of a Lead Agency, adds scoping
requirements, and promotes the use of the City’s CEQR Technical Manual in conducting environmental reviews (62 RCNY,
Chapter 5).
Projects located in the New York City watershed may require a permit from the Department of Environmental Protection. The
most likely trigger for a permit related to solar projects on this list is “a land clearing or land grading project, involving two or
more acres, located at least in part within the limiting distance of 100 feet of a watercourse or wetland, or within the limiting
distance of 300 feet of a reservoir, reservoir stem or controlled lake or on a slope exceeding 15 percent.” The complete list of
activities governed by these regulations can be found at NYC Watershed Regulations.
A solar project located on private land in the Adirondack Park may require a permit if it is a new land use or development
within a critical environmental area or designated river area, or if the project will involve wetlands or will be greater than
40 feet in height. If energy derived from a solar power project will be sold for use off the project site, a permit for a major
public utility use or commercial use may also be required (Wind & Solar Power, APA).

6.2 Useful Resources

There are several resources available to developers and municipalities to assist them in collecting data to conduct an
environmental review of a site and complete the SEQR process. The Quick Reference Guide (Section 2) and Preparing the EAF
(Section 5) of this guidance document includes a series of links to the SEQR forms and regulations and numerous online tools.
Some of the key links are described below:
•E
 AF Workbook: The DEC has prepared the Workbooks to assist Applicants, project sponsors and reviewing agencies
with the completion of the EAF. The Workbook contains background information, links to data and maps, and answers to
questions a reviewing agency may have. They should be considered source books to assist and guide Applicants and
reviewers involved in a SEQR review.
•D
 EC SEQR Webpage: A general page providing information about the SEQR regulations, SEQR enforcement, SEQR forms
and workbooks.

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•S
 EQR Handbook: The SEQR Handbook is the standard reference book for state, county and local government officials;
environmental consultants; attorneys; permit Applicants; and the public at large.
•N
 YSDEC EAF Mapper: The NYSDEC’s mapper tool auto-populates a series of answers in both the SEAF and FEAF, based on
the project location.
•N
 YSDEC Environmental Resource Mapper: An additional mapping resource based on NYSDEC databases. This map provides
information on natural features such as wetlands, natural communities, rare plants and animals, and other
water resources.
•C
 RIS: The Cultural Resource Information System website allows users to screen a site for the location of historic structures or
districts and archeological sensitivity using the SEARCH tab. CRIS should be used to submit project information for review for
projects in archaeologically sensitive areas. Consult the New York State Historic Preservation Office for more information.

6.3 Process Guidance

Although not required, it is recommended that the Applicant schedule a pre-application meeting with the relevant municipal
board to identify early on the known concerns related to the site and other guidance the municipal board may offer, such as
which EAF form to complete. Upon receiving a solar project application, a municipal board will follow the steps in the SEQR Flow
Chart for Solar Projects (Appendix A). This flowchart is a useful guide for Applicants to understand regulatory timeframes under
SEQR and the responsibilities of both the municipal board and the Applicant.

7. Frequently Asked Questions (FAQs)

We provide the most frequently asked questions about the SEQR process. Additional guidance and other SEQR topics are
found in NYSDEC’s SEQR Handbook.

7.1 How does the SEQR process get started?

SEQR is triggered when an Applicant or developer submits a project application or plan to a municipal board. That agency is
responsible for determining if a project is a Type I, Type II or Unlisted Action and following the appropriate procedures to complete the
SEQR process.

7.2 Who enforces SEQR?

SEQR is self-enforcing; each government agency is responsible to comply with SEQR regulations. The Department of Environmental
Conservation is charged with issuing regulations regarding the SEQR process, but DEC has no authority to review the implementation
of SEQR by other agencies.
If an agency makes an improper decision or fails to undertake a proper review, citizens or groups who can demonstrate harm from
such a failure may take legal action against the agency under Article 78 of the New York State Civil Practice Law and Rules. Project
approvals may be rescinded by a court and a new SEQR review process may be required. New York State’s court system has
consistently ruled in favor of strong compliance with SEQR provisions (SEQR, Enforcement).

7.3 What are Type I, Type II and Unlisted Actions?

A Type I action is an action or class of actions that is more likely to have a significant adverse environmental impact than other actions
or classes of actions. Type I actions are listed in the statewide SEQR regulations (617.4) or listed in any Involved Agency’s SEQR
procedures. The Type I list in 617.4 contains numeric thresholds; therefore, any actions that will equal or exceed one or more of the
thresholds in this list would be classified as Type I. A Type I Action always requires the completion of a Full EAF.
Type II actions represent actions or classes of actions which have been found categorically to not have significant adverse impacts
on the environment, or actions that have been statutorily exempted from SEQR review. Type II actions require no further action or
documentation under SEQR. Type II actions are listed under Part 617.5 and require no further processing under SEQR.
Unlisted Actions are actions that are neither Type I or Type II. They generally do not require the completion of a FEAF nor coordinated
review. However, to avoid having each Involved Agency prepare its own SEQR review separately, NYSERDA will require coordinated
review procedures for both Type I and Unlisted Actions.

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7.4 Is a large-scale ground-mount solar energy system a Type I, Type II Unlisted Action?
What about a large-scale rooftop solar energy system?
The existing SEQR regulations do not specifically classify solar installations on the Type I or Type II lists. The appropriate
municipal board must apply the criteria found in the Type I list to determine if a solar installation is a Type I or Unlisted Action.
Large-scale ground-mount PV systems do not meet the criteria of a Type II action under Part 617.5. Typical thresholds on the
Type I list (617.4) that might impact the determination include:
• Physical alteration of more than 10 acres
• Unlisted Actions occurring wholly, partially in or substantially contiguous to any historic building or site
• Unlisted Actions that are non-agricultural uses occurring in a state-certified Agricultural District
Thresholds of interest related to rooftop systems on the Type I list that might impact the determination would generally be
limited to an Unlisted Action occurring wholly, partially in or substantially contiguous to any historic building or site.
The NYSDEC has adopted amendments to the SEQR regulations including changes to the Type II list that affect solar projects.
Please see FAQ 12 below.

7.5 What are the most common environmental impacts of large-scale

ground-mount PV systems?
Environmental impacts will depend on the specific circumstances of each project, including location, size and natural features.
Common Type I (617.4) thresholds related to ground-mount installations that Lead Agencies may review include those listed in
the previous answer. A Type I Action does not necessarily mean an EIS will be required. While a Type I Action is more likely to
have a significant adverse environmental impact, every Type I Action does not require an EIS.

7.6 What is the difference between a “short” Environmental Assessment Form and a
“full” one? When is the “full” form required?
A Short Environmental Assessment Form (SEAF) is used when evaluating Unlisted Actions. As the name implies, it is a shorter
form with fewer questions than the Full EAF. A Full Environmental Assessment Form is used to evaluate Type I Actions, as it
requires more in-depth responses. A reviewing municipal board can request that a FEAF be completed for an Unlisted Action,
but a Type I Action always requires a FEAF.

7.7 What is an “Environmental Impact Statement”?

An Environmental Impact Statement (EIS) is a document used by municipalities, project sponsors and the public that
systematically considers significant adverse environmental impacts, alternatives, and mitigation measures for a proposed
project. The EIS is typically prepared by the Applicant (solar developer), although it can be prepared by the Lead Agency.
The decision to prepare an EIS is the result of the issuance of a positive declaration by the Lead Agency. Both Type I and
Unlisted Actions can result in a positive declaration and preparation of an EIS depending on the unique circumstance of a
project. Please note that while a Type I Action is more likely to have an adverse impact on the environment, it does not mean
that every Type I action requires an EIS.

7.8 I am a municipal official. What are my SEQR responsibilities if a developer wants to

build a solar project in my jurisdiction?
As the municipal official where the project will occur, you are responsible to determine if an Action is a Type I, Type II or Unlisted
Action, and to initiate Lead Agency coordination procedures as required under Part 617.6. Once the appropriate municipal board
is designated as Lead Agency, it is responsible for making a determination of significance and issuing a positive or negative
declaration by completing Part 2 and Part 3 of the EAF. A final determination on a project cannot be made on a project until
SEQR is complete. For instance, site plan approval on a project cannot be granted before SEQR has been completed. Please
refer to Local Official’s Guide to SEQR for more information on the role of local boards in the SEQR process.

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7.9 I am a solar developer. What am I required to do for the SEQR process?
As an Applicant, you are required to provide a completed Part 1 of the SEAF or FEAF along with any accompanying maps
and project information that the reviewing municipal board requests. Once the Lead Agency is established, it must complete
Parts 2 and 3 of the SEAF or FEAF. The Lead Agency may request that the Applicant provide relevant information it may need
to make a determination of significance and issue a positive or negative declaration under SEQR. If a positive declaration is
issued, the Lead Agency will require the preparation of the Environmental Impact Statement.

7.10 I am solar developer. What if the town where my project is located will
not serve as Lead Agency?
Although it is preferred that the agency principally responsible for approving, permitting, or funding an action assume the
role of Lead Agency, any Involved Agency can serve as Lead Agency. As a funding agency, NYSERDA is an Involved Agency
under SEQR and may serve as Lead Agency.

7.11 I am a solar developer in New York City. Do I have to complete both the City Environmental
Quality Review (CEQR) and the State Environmental Quality Review (SEQR)?
Like SEQR, CEQR reviews are triggered when an agency has a discretionary approval of an action or project. CEQR is New
York City’s process for implementing SEQR, and by law can be no less stringent than its State counterpart. CEQR adapts and
refines the State rules to take into account the special circumstances of New York City. CEQR is governed by SEQRA, NYC’s
Executive Order No. 91 (43 RCNY, Chapter 6), and the CEQR Rules of Procedure. Some of the primary practical differences
between CEQR and SEQRA are that CEQR provides guidance on the selection of a Lead Agency, adds scoping requirements,
and promotes the use of the City’s CEQR Technical Manual in conducting environmental reviews (62 RCNY, Chapter 5).
Therefore, for projects physically located in New York City, an Applicant must follow the CEQR process. For more information,
please consult the CEQR FAQs.

7.12 Is NYSDEC changing the SEQR regulations for solar projects? What are the changes?
Information on the adopted SEQR amendments are located on the NYSDEC website at State Environmental Quality Review
Act- Adopted Amendments 2018. These new amendments will take effect January 1, 2019.

627.5(14)
Installation of solar energy arrays where such installation involves 25 acres or less of physical alteration on the follow sites;
• closed landfills,
• brownfield sites that have received a Brownfield Cleanup Program certificate of completion (COC) pursuant to ECL 27-
1419 and 6 NYCRR 375-3.9 or Environmental Restoration Project sites that have received a COC pursuant to 6 NYCRR
375-4.9, where the COC under either program for a particular site has an allowable use of commercial or industrial,
provided that the change of use requirements in 6 NYCRR 375-1.11 are compiled with.
• sites that have received an inactive hazardous waste disposal site full liability release or a COC pursuant to 6 NYCRR
375-2.9, where the Department has determined an allowable use for a particular site is commercial or industrial, provided
that the change of use requirements in 6 NYCRR 375-1.11 are compiled with,
• currently disturbed areas at publicly-owned wastewater treatment facilities
• currently disturbed areas at sites zoned for industrial use
• parking lots or parking garages

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617.5(15)
Installation of solar energy arrays on an existing structure provided the structure is not:
• listed on the National or State Register of Historic Places;
• located within a district listed in the National or State Register of Historic Places;
• been determined by the Commissioner of the Office of Parks, Recreation and Historic Preservation to be eligible for
listing on the State Register of Historic Places pursuant to sections 14.07 or 14.09 of the Parks, Recreation and Historic
Preservation Law; or
• within a district that has been determined by the Commissioner of the Office of Parks, Recreation and Historic
Preservation to be eligible for listing on the State Register of Historic Places pursuant to sections 14.07 or 14.09 of the
Parks, Recreation and Historic Preservation Law.

7.13 I read this guidance document but still have questions. How can I get help?
Additional information regarding the SEQR process can be found on the NYSDEC website. This webpage includes links to
forms, handbooks and the regulations. Some of the most pertinent include:
• Introduction to SEQR
•T
 he SEQR Handbook
•T
 he EAF Workbooks
• SEQR Publications

Questions?
If you have any questions regarding the SEQR process for large-scale solar energy systems, please email questions to
[email protected] or request free technical assistance at nyserda.ny.gov/SolarGuidebook. The NYSERDA
team looks forward to partnering with communities across the state to help them meet their solar energy goals.

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 New York State’s
Real Property Tax Law § 487
The following outlines important points for local governments that
are considering opting out of the Real Property Tax Law § 487.

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NYSERDA 17 Columbia Circle Albany, NY 12203

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Section Contents
1. Real Property Tax Law § 487 . . . . . . . . . . . . . . . . . . . 127
1.1 Local Economic Impact of Solar . . . . . . . . . . . . . 127
1.2 Why would jurisdictions opt out of
the RPTL § 487? . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
1.3 Can jurisdictions opt out of RPTL§ 487
for large-scale solar only? . . . . . . . . . . . . . . . . . . 128
1.4 Capturing revenue from installations
without opting out of RPTL§ 487 . . . . . . . . . . . . . 128
1.5 Opting back in . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
1.6 Property tax exemptions in other states . . . . . . 128

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Overview
It is increasingly important for local governments to be aware of the New York
State Real Property Tax Law § 487 as it relates to developing solar electric systems
in your community. We provide answers to questions that may arise when local
officials are deciding whether to opt-in or opt-out of the Real Property Tax Law.

1. Real Property Tax Law § 487

This law provides a 15-year real property tax exemption for properties located in New York State with renewable energy systems,
including solar electric systems. This law only applies to the value that a solar electric system adds to the overall value of the
property; it does not mean that landowners with an installed renewable energy system are exempt from all property tax. A local
government that does not opt out can still benefit financially through payment-in- lieu-of-taxes (PILOT) agreements.
In local governments that have taken no action one way or the other, the exemption is in effect. If a local law, ordinance, or
resolution opting out of the exemption is adopted, a copy must be filed with the New York State Department of Taxation and
Finance, and the New York State Energy Research and Development Authority (NYSERDA).

1.1 Local Economic Impact of Solar

New York State’s solar market is one of the fastest growing solar markets in the country. Installations grew by almost
1,000 percent from 2011 to December 2017. During 2011 to 2017, the U.S. as a whole saw a 452 percent increase. New York
State ranked 12th nationwide for cumulative solar installed capacity in 2017.10
The solar industry is creating jobs across the State with more than 770 solar companies employing more than 9,000 people.
In 2017, the solar industry added approximately 900 new jobs throughout the State, a 11 percent increase over 2016 job
growth. New York is currently ranked number 3 in solar jobs. 11
With average wages of $21 per hour, the solar industry is responsible for creating thousands of living-wage jobs that allow
workers to contribute to their local economies.12 Most jobs are local or regional and cannot be outsourced.

1.2 Why would jurisdictions opt out of the RPTL § 487?

All local governments must offer the RPTL § 487 exemption unless they have opted out not to. Local governments can decide
to opt out. As the solar market in New York continues to grow, many large-scale solar projects are being proposed throughout
New York. Some local governments are opting out of RPTL § 487 so they can tax these multimillion-dollar projects and
generate additional property tax revenue. However, these jurisdictions may find that they will not actually collect substantially
more tax revenue from solar or other renewable energy systems because the systems may not be built if they are fully
taxable. Property taxes can have a significant impact on the financial viability of solar electric projects, sometimes impacting
project economics in a way that unintentionally prohibits solar electric development. Jurisdictions that opt out of RPTL § 487
may unintentionally prevent solar electric development at the local level. Activity in other states suggest there is less solar
development in jurisdictions that opt out of the property tax exemption, with little to no additional tax revenue collected.13

10 Greentech Media. “US Solar Market Insight 2017 Year in Review.” https://www.greentechmedia.com/research/report/us-solar-market-insight-2017-year-in-
review#gs.SscwdeE
11 The Solar Foundation. “New York Solar Jobs Census 2017.” https://www.thesolarfoundation.org/solar-jobs-census-factsheet-2017-NY/
12 The Solar Foundation. “National Job Census.” https://www.thesolarfoundation.org/national/
13 Barnes et al. 2013. “Property Taxes and Solar PV Systems: Policies, Practices, and Issues.” https://ncsolarcen-prod.s3.amazonaws.com/wp-content/
uploads/2015/06/Property-Taxes-and-Solar-PV-Systems-Policies-Practices-and-Issues.pdf

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1.3 Can jurisdictions opt out of RPTL§ 487 for large-scale solar only?
No. Under RPTL § 487, jurisdictions are not permitted to conditionally opt out of the property tax exemption. In other words,
jurisdictions cannot choose to tax large systems but not small ones. A jurisdiction that opts out of RPTL § 487 to generate tax
revenue from larger projects makes solar installations more expensive for homeowners and local businesses.

1.4 Capturing revenue from installations without opting out of RPTL§ 487
The law allows jurisdictions that offer the RPTL § 487 exemption to negotiate payments in lieu of taxes (PILOTs). The purpose
of a PILOT is to reduce the tax burden and tax rate uncertainty on the property and/or system owner, while preserving some
of the forgone revenue that would have been paid in property taxes. PILOTs are often used for large-scale14 renewable
energy projects, including solar electric systems. They are annual payments commonly related to the system’s size (often in
dollars per megawatt [MW]) and cannot exceed the amount of taxes that would be owed without the exemption.
Each taxing jurisdiction (except the school districts of New York, Buffalo, Rochester, Syracuse, and Yonkers) that has not opted
out of RPTL § 487 may require the owner of a solar installation to enter a PILOT. The PILOT may not exceed a 15-year term, but
it cannot require payments that exceed the value of taxes that would be paid without the exemption provided by RPTL § 487.15
PILOT agreements can be an effective tool for jurisdictions to generate comparable revenue without making solar costs
prohibitive for most homeowners and businesses.

1.5 Opting back in

The New York State Department of Taxation and Finance has stated that local governments can reinstate the RPTL § 487
exemption simply by repealing the local law, ordinance, or resolution that implemented the opt out. The final step to reinstate
the exemption is to provide a copy of the new law, ordinance, or resolution to the New York State Department of Taxation and
Finance and NYSERDA.16

1.6 Property tax exemptions in other states

Thirty-three states offer some form of tax exemptions for renewable energy. Twenty-two of those states mandate property
tax exemptions for 100 percent of the value of solar energy installations over 10 or more years.17 These states include ones
with significant solar development such as California, Massachusetts, and New Jersey, as well as states with minimal solar
capacity such as South Dakota, Kansas, and Montana. The majority of states recognize the positive financial impact property
tax exemptions can have on solar electric development and the local economic benefits of a robust solar industry.

Questions?
If you have any questions regarding New York State’s Real Property Tax Law § 487, please email questions to
[email protected] or request free technical assistance at nyserda.ny.gov/SolarGuidebook. The NYSERDA
team looks forward to partnering with communities across the state to help them meet their solar energy goals.

14
In this guide, large scale is considered solar electric projects that are in the megawatt range.
15
New York State Department of Taxation and Finance. January 2016. “Recently Asked Questions About the Real Property Tax Law
on the Topic of Solar Energy.” Available at: https://www.tax.ny.gov/research/property/legal/raq_index.htm
16
New York State Department of Taxation and Finance, supra note 13.
17
Solar Power Rocks. https://solarpowerrocks.com/new-york/

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 Solar Payment-In-Lieu-
Of-Taxes (PILOT)
Assisting New York State municipalities considering PILOT agreements
for community solar projects larger than one megawatt.

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Section Content
The Solar Payment-in-Lieu-of-Taxes (PILOT) chapter is currently under construction to reflect the latest
legislation which established a process for the NYS Department of Tax and Finance to develop a standard
appraisal methodology for solar projects greater than one megawatt. The latest model and methodology can
be accessed here. The New York Model Solar Energy System PILOT Law & the Model Solar PILOT Agreement
templates are available on the Solar Guidebook website for individual download.

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 Solar Installations on
Agricultural Lands
Navigating the development of solar projects in accordance with local
and New York State agricultural policies.

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NYSERDA 17 Columbia Circle Albany, NY 12203

131
Section Contents
1. Solar and Agriculture in New York . . . . . . . . . . . . . . 133
2. Balancing Solar and Agriculture Locally . . . . . . . . . 134
2.1 Comprehensive Planning . . . . . . . . . . . . . . . . . . . 134
2.2 Zoning and Land Use Regulation . . . . . . . . . . . . 135
3. Solar and Agriculture as Compatible Land Uses . . 138
3.1 Guiding Principles for Dual-Use Solar . . . . . . . . 139
3.2 Grazing Dual-Use Solar . . . . . . . . . . . . . . . . . . . . 139
3.3 Crop Production Dual-Use Solar . . . . . . . . . . . . . . 141
3.4 Pollinator-Friendly Dual-Use Approaches . . . . . 144
3.5 Conservation Dual-Use Approaches . . . . . . . . . 146
4. Solar and Agriculture in NYS Programs
and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
4.1 Office of Renewable Energy Siting (ORES) . . . . 148
4.2 NYS Department of Agriculture and
Markets (NYSAGM) . . . . . . . . . . . . . . . . . . . . . . . . . 149
4.2.1 Solar Installations in State Certified
Agricultural Districts. . . . . . . . . . . . . . . . . . 149
4.2.2 Notice of Intent (NOI) Process. . . . . . . . . . 150
4.2.3 NYSAGM Guidelines for Solar Energy
Projects – Construction Mitigation
for Agricultural Lands. . . . . . . . . . . . . . . . . 150
4.2.4 Farmland Protection Plans. . . . . . . . . . . . . . 151
4.3 NYS Department of Taxation and Finance . . . . 151
4.3.1 Agricultural Assessments . . . . . . . . . . . . . . 151
4.3.2 Converting Farmland to Solar. . . . . . . . . . 152
4.4 NYS Working Groups . . . . . . . . . . . . . . . . . . . . . . 152
4.4.1 Agricultural Technical Working Group. . . 152
4.4.2 Farmland Protection Working Group. . . . 153
5. Resources for Local Governments . . . . . . . . . . . . . . 153
5.1 Solar and Agriculture Guidance Documents . . 153
5.2 New York Regional Resources . . . . . . . . . . . . . . 153
5.3 Dual-Use Solar Information and Resources . . . 154

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1. Solar and Agriculture in New York
In 2019, New York State (NYS) adopted the Climate Leadership and Community Protection Act (‘Climate Act’), a landmark bill
which codified ambitious and comprehensive climate and energy targets for the State. The Climate Act established sweeping
decarbonization targets for the electricity sector, requiring New York to achieve 70% renewable electricity by 2030, and 100%
emissions-free electricity by 2040. As of 2020, approximately 27.4% of the State’s electricity generation came from renewable
sources,1 highlighting the need for significant expansion of New York’s renewable capacity – including solar, on- and offshore
wind, and other technologies – in the coming years.
Solar installations of all types will continue to play a key role in helping New York achieve its aggressive climate and energy
goals. To that end, NYSERDA has and will continue to utilize a comprehensive approach to solar deployment, supporting
a range of projects including ground mounted, rooftop, and canopy solar installations, as well as projects sited on landfills,
brownfields, and other underutilized lands. Among these approaches, large-scale ground mounted solar is a necessary and
instrumental strategy for achieving the State’s mandated goal of 70% renewable electricity by 2030.
Ground mounted solar is of keen interest to communities and local governments due to its associated and/or perceived
land use related impacts. Ground mounted solar installations typically occupy 4-8 acres per megawatt (MW); as such, project
sizes can range from tens to hundreds of acres. In New York, the discourse around land use impacts of solar has increasingly
focused on agricultural lands, perhaps unsurprising given that there are approximately 7 million acres of farmland, making up
about 20 percent of the state’s land area.2 Agricultural lands are often identified as suitable locations for large-scale ground
mounted solar development. Reasons include the physical characteristics of the land (relatively flat, minimal shading, cleared
of vegetation), proximity to important grid infrastructure (high voltage transmission lines, substations, existing roads), social
and economic considerations (fewer residential or commercial neighbors, lower land costs), and other factors.
It is important to acknowledge that prioritization and preservation of agricultural lands is a foundational principle for NYS.
According to the NYS Constitution, “the policy of the State shall be to conserve and protect its natural resources and scenic
beauty and encourage the development and improvement of its agricultural lands for the production of food and other
agricultural products” (NYS Const. Art. XIV § 4). This exact constitutional provision also creates an inextricable link between
agricultural conservation and the State’s clean energy transition, noting that New York’s conservation policies must “include
adequate provision for the abatement of water and air pollution” alongside “the protection of agricultural lands.”
As such, recognizing the importance of balancing clean energy development and the protection of our agricultural lands
and industries, this section explores the interplay between solar and agriculture in NYS, including:
• Local considerations and approaches to balancing solar and agriculture, such as planning and zoning.
• Introductory strategies and suggestions for project siting, including “dual-use” approaches and other methods
of mitigating impacts to agricultural lands.
• State agencies, programs, and policies relevant to the intersection of solar development and agricultural lands.
• Resources and guidance for local governments

1
 YSERDA. Clean Energy Standard Annual Progress Report: 2020 Compliance Year. January 2022.
N
https://www.nyserda.ny.gov/-/media/Project/Nyserda/Files/Programs/Clean-Energy-Standard/CES-2020-annual.pdf
2
Farmland Protection.” Agriculture and Markets, https://agriculture.ny.gov/land-and-water/farmland-protection.

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2. Balancing Solar and Agriculture Locally
When looking to balance solar and agriculture at the local level, it is important to understand the role of local governments
in land use planning and regulation and in approving development applications. NYS has empowered local governments to
adopt land use plans, regulate land uses, and review and approve development proposals through their various local boards.
The process of addressing solar and agriculture at the local level begins with planning, proceeds to zoning and land use
regulation changes, and includes addressing siting considerations for solar projects on agricultural land.

2.1 Comprehensive Planning

To promote a balance between solar development and agricultural protection, local governments should address each topic
in the municipality’s comprehensive plan. A comprehensive plan, also referred to as a master plan, is a written document
that contains goals, objectives, and strategies to guide a community’s future development. Formally adopted by the local
legislature, the comprehensive plan steers the municipality’s physical and economic development and accommodates its social,
environmental, and regional concerns. Local governments engage in land use planning to inventory a community’s needs
and assets, develop a shared vision for the future, and build consensus and support for actions that will implement the plan.
NYS’s zoning and planning enabling acts require land use regulations to be “in accordance with a comprehensive plan” or “in
accordance with a well considered plan.” (NYS Village Law § 7-704; Gen. City Law § 20(25); Town Law § 263)
Comprehensive plans often incorporate environmental, economic, and sustainability strategies, including language to address
balancing solar development and agricultural protection and policies that support opportunities for local farmers and related
businesses. Specifically, strategies can be designed to remove barriers for solar development and mitigate impacts on
agricultural lands. Whether a municipality is updating an existing comprehensive plan or developing a new plan, there are
many ways that the plan can recognize both agriculture and renewable energy siting interests. The local legislature may direct
a special board to prepare the comprehensive plan and lead a public engagement effort. This board should include, but not
be limited to, agricultural landowners, agricultural business owners, and other interested stakeholders to provide insights and
technical expertise.
As an initial step of the planning process, the special board should conduct an existing conditions study to guide the planning
effort (see “Agricultural Sources for Existing Conditions Studies” commentary box). It is imperative that this study include
agricultural considerations to help determine suitable areas for responsible solar development within a community. Specifically,
the planning effort must consider applicable county agricultural and farmland protection plans created under Article 25-AAA of
the Agriculture and Markets Law.

Commentary: Agricultural Sources for Existing Conditions Studies

• Land in NYS Certified Agricultural Districts by tax parcel, https://agriculture.ny.gov/land-and-water/agricultural-districts.
• Land receiving Real Property Agricultural Value Assessment by tax parcel, https://www.tax.ny.gov/research/
property/assess/valuation/ag_overview.htm.
• United States Department of Agriculture (USDA) National Agricultural Statistics Service (NASS) Cropland Data Layer
(CDL), https://www.usgs.gov/centers/fort/science/usda-national-agricultural-statistics-service-cropland-data-layer-
0?qt-science_center_objects=0#qt-science_center_objects.
• Multi-Resolution Land Characteristics (MRLC) Consortium data, https://www.mrlc.gov/.
• USDA soil mapping, https://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/survey/
• Farms Under Threat: The State of States map, https://csp-fut.appspot.com/.

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Community engagement is an essential step in the process to ensure the development of successful clean energy policies
and planning activities. Buy-in from all stakeholders—including citizens, local officials and board members, local businesses,
developers, environmental leaders, residents, and local media—is critical to the effort’s success and long-term implementation.
Empowering various stakeholders to share local knowledge and preferences strengthens the process’ outcomes. The
implementation of several methods of public engagement to engage all citizens in the process also increases confidence
and support for the resulting plan.
Using gathered information from the studies and community engagement effort, a municipality should then develop long-
term solar energy and agricultural goals, along with related shorter-term objectives. A sample goal may be to “Balance solar
development and continued agricultural operations.” Corresponding objectives may include:
•M
 inimize siting of ground mounted solar arrays on farmland identified for protection
(see “Commentary: Identifying Farmland for Protection”).
• Prioritize solar development on farming areas with less productive soils.
• Allow solar projects in agricultural areas if mitigation for agricultural impacts have been identified and addressed.
•E
 ncourage solar and other renewable energy production that is compatible with agricultural-related businesses
and/or continued agricultural use of the land.
After selecting goals and objectives, the municipality should identify strategies or actions to accomplish each objective. For
example, a locality may commit to identifying agricultural lands for protection and then review and modify zoning and/or land
use regulations to minimize impacts to those lands.
For more information regarding comprehensive planning, consult NYSERDA’s Clean Energy and Your Comprehensive Plan
Guide, available at: www.nyserda.ny.gov/ComprehensivePlan.

2.2 Zoning and Land Use Regulation

In accordance with the comprehensive plan, local governments can amend their zoning and land use regulations to pursue
a balanced approach to regulating solar and agriculture. Municipal zoning laws may be updated to address the installation,
operation, maintenance, and decommissioning of solar energy systems in a way that protects priority agricultural resources
and land uses. In establishing regulations to promote this balance, municipalities should consider their methodology options
for identifying and protecting priority agricultural lands (see “Identifying Farmland for Protection” commentary box). While
municipalities have sole permitting authority for solar projects under 20 MW, it is required for the Office of Renewable
Siting (ORES) to consider any applicable local law when making a permit determination. More information regarding ORES’s
regulation can be found here https://ores.ny.gov/regulations.

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 Commentary: Identifying Farmland for Protection
When considering how best to promote a balance between clean energy development and agricultural
preservation, it is important to have clear, reasonable definitions regarding priority farmland for protection. Multiple
factors may be considered:
•E
 xisting and/or historic land use: Examining current and historic agricultural use can provide a clear and realistic
assessment of priority farmland based on the land’s productivity.
•P
 arcel size and proximity: Identifying and prioritizing large and/or contiguous parcels can preserve agricultural
productivity and avoid agricultural fragmentation.
• Soils: Analysis based on soil quality is a prominent method for identifying priority agricultural lands.
There are a variety of existing local, state, and federal agricultural land classifications based on different criteria, which
municipalities may use to identify and prioritize agricultural land for protection. Classifications and definitions may include:
•M
 ineral Soil Groups (MSG) 1-4: Mineral Soil Groups were established to create a uniform statewide land classification
system based on the differences in soil productivity. The rating methodology is based on the differences in the
inherent ability of soils to support crop production. MSG 1-4 are recognized as having the highest value based on soil
productivity and capability.
•P
 rime Farmland: Soils with the best combination of physical and chemical characteristics for producing food, fiber,
and/or other crops. Parameters for Prime Farmland are established on a federal basis and may include cultivated land,
pastureland, forestland, or other lands.
•P
 rime Farmland if Drained: Soils which meet all necessary criteria for the Prime Farmland classification other than
depth to water table. This may include lands similar to those included in the Prime Farmland definition.
•F
 armland of Statewide Importance: Soils that do not meet the criteria for Prime Farmland or Prime Farmland if
Drained, but which are classified as mineral soils in priority land capability classes. Parameters for Farmland of
Statewide Importance are established on a state-by-state basis. These soils may also be referred to as “Farmland of
Statewide Significance.”
•F
 armland of Local Importance: Soils that do not meet the criteria for the above classifications, but which are
considered of local importance to produce food, fiber, or other crops. These soils may be identified and/or classified
by the appropriate local authority and may include lands that have been designed for agricultural use by local law.

Once priority agricultural lands have been identified, zoning and land use regulations can be updated to include agriculture-
specific requirements, such as special use permit standards for avoiding, minimizing, and mitigating agricultural land impacts;
construction and/or decommissioning requirements for systems on priority soils; or provisions encouraging dual-use.
Specific examples of local law requirements pertaining to solar development on agricultural lands may include:
• Requiring adherence to the NYS Department of Agriculture and Markets (NYSAGM) Guidelines for Solar Energy
Projects-Construction Mitigation for Agricultural Lands.
• Requiring project owners to implement dual-use solar strategies to the maximum extent feasible or otherwise
offset any loss of agricultural activity.
• Adding a provision that permits the Reviewing Board to waive or modify certain bulk and area standards that result in
unintended consequences.
• Encouraging consultation with a local or regional agricultural preservation board as part of the application review process.

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Municipalities looking to implement requirements for solar on agricultural lands should consider how their current land
use regulations, including bulk and use requirements, may be adapted to incentivize or promote preferred types of solar
development. For example, a municipality might allow for relaxed setback or lot coverage requirements for projects which
implement a compatible agricultural use underneath or around the solar arrays.
To learn more about zoning for solar, including example language and provisions related to balancing solar and agricultural
land uses, access the Model Solar Law in NYSERDA’s Solar Guidebook for Local Governments.

Commentary: Local Regulations and On-Farm Solar

In planning and establishing requirements for solar installations on agricultural lands, municipalities should be mindful of
existing guidelines in NYS that encourage solar energy installations which support farm operations in Agricultural Districts.
In accordance with NYS Agriculture and Markets Law and related guidance, solar energy installations which generate no
more than 110% of a farm’s needs are classified as “on-farm” equipment. NYSAGM has developed guidelines for evaluating
local laws with respect to impacts for on-farm clean energy projects, to ensure that on-farm solar energy installations are
not subject to “overly restrictive” requirements. As such, municipalities should consider implementing land use regulations
which encourage and promote farm-friendly solar energy development.
In accordance with these guidelines, reasonable local regulations for on-farm solar development include:
• Requiring a building/zoning permit and adherence to the NYS Uniform Fire Prevention and Building Code.
• Utilizing a streamlined site plan review process that involves a shorter review period and fewer
submission requirements.
“Overly restrictive” requirements for on-farm solar installations may include:
• Extensive site plan regulations.
• Special use permit regulations.
• Nonconforming use requirements.
• Height restrictions and excessive setbacks from buildings and property lines.
• A Full Environmental Assessment Form (EAF) [on-farm solar development is considered a Type II action
under the State Environmental Quality Review process, which does not require EAF preparation].
• Visual impact assessment requirements.
• Prohibiting the construction of on-farm solar generated electricity to offset the energy demands of the farm.
For more information, access the NYSAGM Guidelines for Review of Local Laws Affecting Small Wind Energy Production
Facilities and Solar Devices at: https://agriculture.ny.gov/system/files/documents/2019/11/guidelines_for_solar_and_small_
wind_energy_facilities.pdf.

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3. Solar and Agriculture as
Compatible Land Uses
Dual-use solar, also referred to as co-utilization or “agrivoltaics” (a portmanteau of agriculture and photovoltaics), is the
combination of solar development with land management philosophies rooted in conservation and agriculture to create
a multifunctional system with a variety of ecological, agricultural, and energy benefits. It occurs when agricultural or
conservation uses are incorporated on land used for solar projects to create a harmonious development that benefits the
farmer or agricultural community at-large.
Dual-use approaches are of increasing interest to landowners and communities who may have concerns about the
development of solar on agricultural lands, for reasons such as:
• Community character: Dual-use approaches offer mutually beneficial outcomes for communities and landowners
concerned about impacts to local agriculture, whether the concerns are aesthetic or economic in nature. These
approaches can support local farmers, preserve continued agricultural use of the land, and ensure continued
contributions to the local agricultural economy.
• Permanent farm loss: According to the American Farmland Trust, over 253,000 acres of agricultural land across New York
was developed or compromised between 2001 and 2016,3 78% of which was converted to low-density residential (LDR)
development. In contrast with LDR and other development types, solar may not require a full or permanent conversion of
lands away from agricultural production.
• Future agricultural potential: Dual-use solar approaches are designed to ensure ongoing and future viability of the land
for agricultural production (minimizing impervious surfaces, chemical applications, and other long-term development
impacts). When paired with robust decommissioning and site mitigation requirements, dual-use solar can ensure that
agricultural lands can be returned to productivity at the end of the project’s useful life.
A study was conducted by Michigan Technological University in efforts to analyze the difference in public support for
conventional solar and dual-use solar. As a result of this study, it showed that 81.8% of the total respondents look more
favorable upon solar development in their community if it was paired with agriculture. While not feasible for every solar
project, this result shows how local acceptance can be improved while continuing solar developments.4
Additionally, dual-use solar can also provide meaningful direct benefits to farmers, including a steady revenue stream that
helps smooth impacts from market volatility. The Federal Government recognizes these benefits and incentivizes them
through programs like the U.S. Department of Agriculture’s Rural Energy for America Program (REAP).5
This section highlights four prevailing models of dual-use solar which are in various stages of research, development,
and deployment throughout New York and elsewhere: solar grazing, crop production, pollinator-friendly approaches, and
conservation approaches. These four models form a spectrum of complementary land uses which may be incorporated to
mitigate impacts of solar development on agricultural lands. The feasibility of each dual-use model greatly varies and needs
to be assessed on a site-by-site basis.
Grazing and crop production are the most prominent agricultural dual-use techniques in terms of maintained active
agricultural productivity, while pollinator-friendly and conservation approaches provide more passive agricultural and
impact mitigation benefits. This section discusses each model separately, addressing model-specific design, construction,
establishment & maintenance, community, and feasibility criteria for each.

3
 merican Farmland Trust. State of the States: Agricultural Land Conversion Highlight Summary: New York. 2020.
A
https://storage.googleapis.com/csp-fut.appspot.com/reports/spatial/New_York_spatial.pdf
4
Pascaris, Alexis S, Schelly, Chelsea, Rouleau, Mark, and Pearce, Joshua M. Do Agrivoltaics Improve Public Support
for Solar Photovoltaic Development? Survey Says: Yes!. United States: N. p., 2021. Web.
5
USDA REAP. Renewable Energy Systems and Energy Efficiency Improvements Assistance.
https://www.rd.usda.gov/files/REAP%20fact%20sheet%20MA.CT_.RI_.pdf.

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3.1 Guiding Principles for Dual-Use Solar
Solar installations should strive to meet baseline standards that ensure compatibility and enhance landscapes, ecosystems,
and communities. As with traditional solar development, dual-use solar must consider factors such as existing zoning
regulations and land use considerations, interconnection feasibility, road access to the solar project, the location’s slope,
and the installation costs. In addition, dual-use solar projects should strive to minimally impact the farmland’s quality and
productivity and be designed to achieve agricultural benefits while aiming to be economically attainable.
Key benefits of dual-use solar approaches may include:
• Collaboration between solar developers, local farms, and agricultural organizations that benefits all parties.
• Improvements in soil health and water retention.
• Farmland preservation viability, and intergenerational transfer.
• Investments in farm infrastructure and equipment.
• Land use optimization and integrated farm management.
• Opportunities for research on land management and agronomic practices.

3.2 Grazing Dual-Use Solar Approaches

In New York, and elsewhere in the United States and Europe, solar projects have successfully implemented grazing dual-use
solar approaches by incorporating livestock – predominantly sheep, but in some cases cows or fowl – on-site at solar projects,
where the animals are able to graze and forage underneath and around solar arrays. Grazing dual-use solar strategies are
often incorporated into a project’s landscape and vegetation maintenance plan, replacing or minimizing the need for traditional
maintenance activities such as mowing, trimming, and applying herbicides or pesticides. It is imperative that grazing dual-use
strategies are developed in consultation with not only the solar developer, but local farmers or agricultural experts, to ensure that
the selected approach will produce positive ecological and agricultural outcomes at the site.
Grazing on solar project sites provide numerous agricultural and economic benefits, including increased income and
opportunities for sheep farmers, cost-effectiveness in comparison to conventional landscape maintenance, continuity of
agricultural uses in the community, promotion of native vegetation, and others (see “Solar Grazing in Central NY” case study).

Case Study: Solar Grazing in Central NY

Cascadilla Community Solar Farm: Cornell University researchers are conducting ongoing solar grazing research at the
institution’s 18 MW solar project in Ithaca, NY. A collaboration between the University’s Animal Science Department and the
Cornell School of Integrated Plant Science, this research project is focused on both agricultural and ecological outcomes
of solar grazing, including optimal grazer densities and stocking rates, creation of pollinator (bees) and predator insect
(ladybugs) habitats, and soil carbon sequestration.
To-date, preliminary data has supported the viability of solar grazing on this site for flocks of up to 150 ewes, demonstrating
numerous positive outcomes and externalities, including:
• Increased income for the flock owner, as well as new on-site labor requirements during the growing season.
• Excellent health and welfare outcomes for the grazing sheep.
• High conception rates for sheep bred and grazed on-site, leading to the sale of 134 lambs and the retention
of another 106 lambs to expand the grazing flock.
• Avoidance of panel shading due to vegetative growth.
• Creation of diverse pastures, including many native and perennial species.
• Provision of habitat for a variety of pollinator and other insect species.
To read more about the research conducted at the Cascadilla Community Solar Farm, visit: https://cpb-us-e1.wpmucdn.
com/blogs.cornell.edu/dist/c/9310/files/2021/03/Solar-Site-Sheep-Grazing-in-NY-v2.1.pdf

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There are environmental and other benefits associated with a grazing dual-use approach – such as improved soil and air
quality relative to traditional landscape management approaches, increased opportunities for soil carbon sequestration, and
economic opportunities for related agricultural industries; however, these benefits require further research and analysis.
Additionally, in order for the solar grazing industry to proliferate in New York, certain obstacles – distance between solar
sites and existing livestock operations, inadequate livestock processing capacity, and others – will need to be overcome.
Researchers at Cornell University’s Department of Animal Science released a report in February 2021 outlining the
opportunities and challenges associated with the growing solar grazing industry in NYS.6 Additionally, the American Solar
Grazing Association (ASGA) offers many resources on their website, including more information about solar grazing, solar
seed mixes available for purchase, and template solar grazing contracts. Learn more by visiting: https://solargrazing.org/.
Grazing Dual-Use Solar – Planning, Design, and Feasibility Criteria:

Design • Plant grazing-compatible vegetation which optimizes forage recovery periods and the hydrologic cycle
and that take wildlife into consideration.
• When incorporating pollinator-friendly and grazing together, review all plants for toxicity to grazers and
select accordingly.
• Ensure that the civil and electrical plans’ wire management and cable routing design for the solar array
appropriately accommodates grazing livestock on the site.
• Install predator-proof perimeter fencing appropriate for grazing livestock. For example, wildlife fencing
with gaps may not be appropriate.
• Create a grazing plan and estimate herd sizing based on factors like forage availability, time of year,
weather conditions, animal class and producer requirements.
• Set solar panel racking height based on livestock type (design changes may not be necessary
depending on livestock species).
Construction • Plant nutritious forage or feed.
• Conduct soil tests to determine soil health.
• Decide how water will be provided once sheep are on site; municipal water supply, well system,
or livestock water trailers.
• Install temporary fencing as necessary to rotate and concentrate the flock, according to
strategic grazing plan.
Establishment • Establish a managed grazing system and a grazing plan that incorporates rest periods for the
& Maintenance vegetation, as well as planned livestock moves.
• Provide signage when there are sheep inside instructing to close the gates after entering or exiting,
to not feed or approach the sheep, and provide contact information.
Community • Regenerative, holistic grazing is among the most effective tools for carbon sequestration.
Impacts
• Grazing dual-use solar promotes farmland preservation, production, and investment,
as well as compatibility with existing local agricultural operations.
Feasibility • Grazing dual-use solar is highly feasible and is occurring throughout New York.
• Site-specific feasibility may depend on criteria including but not limited to:
- Proximity and availability of sheep flock(s),
- Costs of project design, site operation and maintenance, and sheep care,
- Required amenities, such as water and temporary fencing,
- Contracting and insurance requirements.

6
K
 ochendoerfer, Nikola and Michael L. Thonney. Department of Animal Science, Cornell University. “Grazing Sheep on Solar Sites in New York State: Opportunities
and Challenges.” February 2021. https://cpb-us-e1.wpmucdn.com/blogs.cornell.edu/dist/c/9310/files/2021/03/Solar-Site-Sheep-Grazing-in-NY-v2.1.pdf

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Grazing Dual-Use Examples7
•N
 ewfield Solar (Newfield, NY): Nexamp’s Newfield Solar is a 5 MW community solar array located on 30 acres, where all
landscaping maintenance is performed by sheep, in the warmer months, via a contract with a sheep farmer.8
•C
 ornell University’s Musgrave Research Farm (Aurora, NY): During a research trial in 2018, a flock of 56 sheep provided
all vegetation management at Cornell’s 22-acre, 4 MW solar farm. Researchers noted numerous positive outcomes
from this trial, including the cost-effectiveness and decreased labor-intensity of solar grazing compared to traditional
solar landscaping.9
•G
 eneva Peeps (Geneva, NY): Since 2016, this community egg cooperative has allowed its hundreds of egg-laying hens
to forage underneath a 44 kW solar array.10
•M
 aple Ridge Meats (Benson, VT): This cattle farm and commercial slaughterhouse features a 150 kW solar array under
which cattle graze.11

Case Study: Bancroft Station Solar Farm (Early County, GA)

The Bancroft Station Solar Farm, a 102.5 MW project developed by Silicon Ranch, has partnered with nearby White Oak
Pastures to incorporate sheep grazing and free-range chickens as part of the solar farm’s restorative land use strategy. This
mutually beneficial partnership has allowed White Oak Pastures, once a solely cattle-focused operation, to further expand
its presence as a leader in pasture-raised livestock and regenerative agricultural practices.
In Spring 2020, White Oak introduced a flock of over 400 sheep to the solar farm, a first step in its plan to eventually
introduce 1,000 or more grazing animals on the site. The flock is intended to graze on a rotational schedule throughout
Bancroft Station’s 700 acres, land which was historically used for peanut and cotton production, as well as cattle grazing.
Only months after the sheep were introduced to the solar farm, White Oak added a flock of over 7,000 free-range chickens
to the rotational grazing schedule at Bancroft Station. The introduction of chickens to the site brings about additional mutual
benefits, including natural pest control, as well the solar arrays providing shade and protection from predators.
For additional information, please visit:
• Natural Resources Defense Council: “Sheep (and Soil Scientists) Juice Up the Solar Farm” https://www.nrdc.org/
stories/sheep-and-soil-scientists-juice-solar-farm
• The National Provisioner: “White Oak Pastures has become a leading advocate for regenerative animal agriculture”
https://www.provisioneronline.com/articles/110046-white-oak-pastures-has-become-a-leading-advocate-for-
regenerative-animal-agriculture
• Silicon Ranch: “#bignEWES: Welcome to Bancroft Station’s new workforce” https://www.siliconranch.com/bignewes-
welcome-to-bancroft-stations-new-workforce/

3.3 Crop Production Dual-Use Solar Approaches

Crop production dual-use solar projects, sometimes more directly referred to as agrivoltaics, are designed to accommodate
the cultivation and production of vegetables and other crops, as well as other labor-intensive farm activities, beneath or
around solar panels and other system components. This approach allows for the prioritization of a site’s continued agriculture
use, as the project may be designed to maximize both solar production and crop yields. Depending on the growing climate
and crops selected, this dual-use approach can even provide key agricultural benefits, including increased soil moisture
retention and reduced heat stress on crops.

7
 merican Solar Grazing Association (ASGA), Guide to Farming Friendly Solar, https://solargrazing.org/wp-content/uploads/2019/06/On-Pasture-Co-location-
A
of-solar-agriculture.pdf
8
O’Connor, Kelsey, The Ithaca Voice, Sheep Get to Work Maintaining Newfield Solar Array, May 21, 2019, https://ithacavoice.com/2019/05/sheep-get-to-work-
maintaining-newfield-solar-array/
9
Koechendoerfer, Nikola, et al. Atkinson Center for a Sustainable Future, Cornell University “The agricultural, economic and environmental potential of
co-locating utility scale solar with grazing sheep”. 2019. https://cpb-us-e1.wpmucdn.com/blogs.cornell.edu/dist/c/9310/files/2020/12/Atkinson-Center-
report-2018_Final-22l3c5n.pdf.pdf
10
Freehill-Maye, Lynn. The Christian Science Monitor. “A new vision for farming: chickens, sheep, and…solar panels”. April 23, 2020 https://www.csmonitor.
com/Environment/2020/0423/A-new-vision-for-farming-Chickens-sheep-and-solar-panels
11
ASGA, Guide to Farming Friendly Solar, https://solargrazing.org/wp-content/uploads/2019/06/On-Pasture-Co-location-of-solar-agriculture.pdf

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Although a number of studies have examined this approach in Europe, crop production dual-use has yet to be deployed at
scale throughout the United States. There are currently a multitude of test sites across the US examining viability and system
design considerations for crop production dual-use; in most cases, these projects remain in a research phase. Available
data and research from sites in the United States has demonstrated that shade-tolerant, temperate climate crops including
spinach, kale, swiss chard, broccoli, cauliflower, cabbage, peas, and bush beans can successfully grow under solar panels.12
Additionally, the same research has shown that some root vegetables, such as carrots, potatoes, and radishes, can also be
grown under panels with a longer growth period.
It is imperative that proposers of crop production dual-use projects examine the site or region’s growing history to understand
and learn from previous successes and failures, which may help assess crop suitability and future growing potential.

Case Study: Crop Cultivation Meets Solar in the Northeast

University of Massachusetts Amherst Research Farm (South Deerfield, MA): For over a decade, Professor Stephen
Herbert of UMass Amherst has been studying crop cultivation underneath an elevated 25 kW solar array at the University’s
Crop and Animal Research and Education Center in South Deerfield, MA.
Though his research initially focused on cultivating pasture for livestock grazing underneath the solar array, Professor
Herbert’s work has shifted to explore opportunities for vegetable production under the University’s solar panels. In various
trials, his team has demonstrated successful growth of kale, swiss chard, beans, broccoli, and other crops underneath the
solar array.
Professor Herbert’s research found that the benefits of crop cultivation underneath solar arrays may be particularly
noticeable during a dry, hot growing season, when shade from the panels can help reduce heat stress and contribute
to higher yields.
Additionally, having received a grant from the US Department of Energy in 2020, the University will be expanding its
dual-use solar research at up to eight additional farms through Massachusetts, with intent to study a variety of new crops
including pumpkins, winter squash, berries, and others.
To read more about UMass Amherst’s ongoing and forthcoming dual-use solar research, visit: https://ag.umass.edu/clean-
energy/research-new-initiatives/dual-use-solar-agriculture

12
D
 ual-Use: Crops and Livestock Considerations, https://ag.umass.edu/clean-energy/fact-sheets/dual-use-crop-livestock-considerations

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Crop Production Dual-Use Solar – Planning, Design, and Feasibility Criteria:

Design • Design solar site to accommodate the maximum amount of integration with farming activities throughout
project life.
• Consider the impact the system will have on the microclimate under the panels, the anticipated available
sunlight, and soil moisture & temperature changes.
• Include farmers in the design process from the start.
• Design the site with the future in mind, considering the land’s current and anticipated farming uses,
capabilities, and needs.
Construction • Install solar arrays in a minimally impactful manner and consider the height and width of farm equipment
that will be used on the site.
• Remediate any soil and site impacts in accordance with state regulations before construction completion.
Establishment • Develop any solar equipment maintenance and vegetation management plans with farmer cooperation
& Maintenance to ensure compatibility with the site’s planned agricultural activities and to minimize disturbances to
agricultural uses.
Community • Crop production dual-use promotes farmland preservation, production, and investment.
Impacts
• Can create education, training, employment, and income opportunities for new and existing farmers.
• Increases community support and acceptance for solar development.
Feasibility • Crop production dual-use is largely in early stages of research and development, including a variety of
pilot and demonstration projects. As such, it may not be feasible for every project in NYS.
• Project-specific feasibility may depend on criteria including, but not limited to:
- High added costs of project design, equipment, and hardware to accommodate crop production.
- Increased costs associated with ongoing crop maintenance (labor, equipment, etc.).
- Finding knowledgeable experts on how to develop a successful dual-use project.

Crop Production Dual-Use Examples:13

• Jack’s Solar Garden is a 1.2 MW agrivoltaic project in Boulder County, Colorado with research partnerships with the
National Renewable Energy Laboratory (NREL), Colorado State University, and the University of Arizona. Research
includes looking at crop production and irrigation to study different crop yields at different locations throughout the solar
site. The site has seen success with lettuce, sage, and raspberries all being grown under the panels. There are multiple
research projects currently ongoing at the site.14
• Since 2016, researchers at the Biosphere 2 Agrivoltaics Learning Lab in Oracle, Arizona – a collaborative effort between
the University of Arizona, the National Renewable Energy Laboratory (NREL), and other partners – have studied crop
cultivation under solar panels. Their research (focused on crops suitable for dryland, such as tomatoes and peppers)
has identified a number of potential benefits, including increased crop yields, more efficient water use, and improved
temperature regulation.
• The Fraunhofer Institute has a research farm at Lake Constance, Germany, where they installed 720 bi-facial solar panels
(catching rays from above and below) on a third of a hectare of cropland. After the first year, the combined yield of food
and electricity was 60 percent higher per square meter than it would have been had food and electricity been harvested
on two separate fields.15

13
 rank Jossi, The World, Energy and Food Together: Under Solar Panels, Crops Thrive, June 8, 2018, https://www.pri.org/stories/2018-06-08/energy-and-
F
food-together-under-solar-panels-crops-thrive
14
Case Study: Jack’s Solar Garden – AgriSolar Clearinghouse. https://www.agrisolarclearinghouse.org/case-study-jacks-solar-garden
15
AGROPHOTOVOLTAICS increases land use efficiency by over 60 percent. pv Europe. (2017, November 29). Retrieved December 13, 2022, from
https://www.pveurope.eu/solar-modules/agrophotovoltaics-increases-land-use-efficiency-over-60-percent

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3.4 Pollinator-Friendly Dual-Use Approaches
Pollinator-friendly approaches involves the practice of seeding and maintaining pollinator-friendly plants, such as wildflowers
and native species, within a solar project site to create a large pollinator habitat in which bees and/or native pollinators can
thrive. There are two categories of pollinator-friendly approaches: (1) solar projects that have active apiaries onsite that are
attended to by beekeepers, and (2) solar projects that create habitat for native pollinators.
The NYS Pollinator-Friendly Solar Act was passed unanimously in 2018. This legislation directed the Commissioner of the
NYS Department of Agriculture and Markets (NYSAGM) to develop guidelines for vegetation management plans for use by
citizens, corporations, or other groups who claim that their property, including solar electric generating systems, is pollinator
friendly or provides benefits and protection to pollinators. NYSAGM issued their NYS Utility Corridor Pollinator Habitat
Guidelines in 2020 to provide the minimum criteria for a site to be considered “pollinator friendly,” available here,
https://agriculture.ny.gov/utility-corridor-pollinator-habitat-guidelines.
NYSAGM also offers other pollinator protection resources, including a Pollinator Protection Plan that recommends the
development of Voluntary Best Management Practices for all pollinator stakeholders, including beekeepers, growers, landowners,
state agencies and the general public. Access the plan at https://agriculture.ny.gov/plant-industry/pollinator-protection.
Additionally, pollinator scorecards can be used to assess site suitability and design for pollinators. A pollinator scorecard uses
science-based standards to evaluate qualities beneficial to pollinators in the context of a solar development project. Many
states have adopted pollinator scorecards for use in the planning and permitting process. Fresh Energy, a non-profit that
promotes pollinator friendly plantings on solar sites, has created a model scorecard for this assessment, which is available
at https://2lwej44565rn2mmjlk31pmwq-wpengine.netdna-ssl.com/wp-content/uploads/2020/01/Pollinator_FriendlySolar_
Scorecard.pdf.

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Pollinator-Friendly Dual-Use Solar – Planning, Design, and Feasibility Criteria:

Design • Use vegetation mixes that provide overwintering habitat and season-long pollen and nectar.
• Implement site-adjacent features, such as trim/fence vegetative corridors, basins and wetlands, in lieu of
inside array fencing.
• In selective portions of the array where appropriate, plant forbs like clover and asters instead of grasses
(e.g., between rows of panels, as opposed to on the margins).
• For solar apiaries, there is an additional consideration of where the apiary will be located on the solar
project site. Some apiaries are located within the fenced facility area, oftentimes the apiary is in its own
fenced-in area on the perimeter of the project for ease of access to the beekeeper and to create a
buffer from Operations & Maintenance personnel.
Construction • Install vegetation mixes after solar project construction is complete.
• Avoid seed mixes that are pre-treated with pesticides and herbicides.
• If placing a solar apiary onsite, it may be beneficial to consult with a beekeeper to see if there are any
needs that could be best addressed during the construction process.
Establishment • Wait one to three years for vegetation mixes to establish roots and control the density of
& Maintenance fast-growing plants.
• Begin long-term maintenance by year three, which may consist of spot mowing, strip disking, spot
spraying and controlled use of selective herbicides to promote plant regrowth and reduce competition
from woody and other vegetation.
Community • Vegetation may provide food, cover, and nesting habitat for small mammals, birds, reptiles,
Impacts and amphibians.
• Vegetation can significantly reduce erosion due to healthy, deep root systems.
• Reduced use of fertilizers, herbicides, and pesticides may help maintain and improve water quality.
• Perennial planting improves soil health and sequesters carbon.
• Pollinator-friendly dual-use solar promotes continued production and investment.
Feasibility • Pollinator-friendly dual-use solar is highly feasible and occurring throughout New York.
• This approach may require certain project design and maintenance criteria – such as designing and/or
procuring appropriate local seed mixes – but is unlikely to significantly affect project costs.

Pollinator-Friendly Dual-Use Examples

•N
 YS Department of Environmental Conservation (Stamford, NY): DEC installed a 44 kW solar array that includes a
pollinator garden planted underneath the panels along with two large bee colonies at its Region 4 Stamford office.
The solar array will offset approximately 56% of the building’s annual electricity needs.16
•U
 nderhill Community Solar Farm (Poughkeepsie, NY): The first operational community solar farm in the Central Hudson Gas
& Electric utility service territory, the Underhill project offers nearly 20 acres of native pollinator-friendly habitat. This habitat
aids in food production, including the locally made honey and craft beers produced at nearby Plan Bee Farms and Brewery.17
•E
 agle Point Solar (Jackson County, OR): A collaboration between Pine Gate Renewables and Old Sol Apiaries, this 9.9
MW solar farm saw 41 acres of land turned into pollinator-friendly habitat and is now home to 48 honeybee hives.18

16
NYS Department of Agriculture and Markets. “New York State Issues Guidelines to Promote Creation of Pollinator Habitats on Commercial Properties.”
June 22, 2020. https://agriculture.ny.gov/news/new-york-state-issues-guidelines-promote-creation-pollinator-habitats-commercial-properties
17
Watson, Emily. The Poughkeepsie Journal. “Pollinator-friendly solar practices can benefit farmers: Valley Views”, Opinion. February 9, 2018.
https://www.poughkeepsiejournal.com/story/opinion/2018/02/09/pollinator-friendly-solar-practices-can-benefit-farmers-valley-views/308033002/
18
Davis, Rob. Fresh Energy. “Case Study: The 9.9 MW Solar Project in Science Magazine.” June 2, 2021. https://fresh-energy.org/case-study-the-9-9-mw-solar-
project-in-science-magazine

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3.5 Conservation Dual-Use Approaches
While the construction of solar projects almost invariably involves a degree of short-term land and other disturbances,
responsibly developed solar projects can offer a variety of ecological and biodiversity benefits, which may not otherwise
be realized on lands remaining in conventional agricultural use. The conservation dual-use approach recognizes that there
are meaningful benefits to utilizing underlying land for creating or replenishing habitat. Solar projects featuring conservation
approaches are designed in consultation with conservation organizations focused on restoring ecosystem vitality and
function through sustainable site design and long-term conservation efforts. Conservation dual-use solar projects should be
customized to regional and site-specific needs, including but not limited to:
• Protection of species categorized as endangered, threatened, or another special conservation status.
• Removal and/or mitigation of invasive species.
• Avoidance of biologically sensitive areas, such as nesting or reproductive areas.
• Creation of new habitat designed to support biodiversity.
The following guiding principles should steer the design and evaluation of conservation dual-use solar sites:
1. Prioritize habitat connectivity and quality and wildlife migration within the area’s broader watershed and ecosystem.
2. Identify and implement baseline measures for ecosystem value.
3. Strive for net-positive outcomes on and off site.

Case Study: Conservation and Large-Scale Solar

Topaz Solar Farm (San Luis Obispo County, CA): Nestled in the grasslands of California’s Carrizo Plain, the Topaz Solar
Farm is one of the world’s largest solar energy facilities, with a rated capacity of 550 megawatts. It is also the site of ongoing
research examining the impacts of responsible land use and conservation strategies on biodiversity at solar facilities.
Primarily sited on both active and fallow dry-land farmed fields, the Topaz project implemented several conservation dual-
use approaches during and after project construction, including:
• Eliminating the use of fertilizers and rodenticides
• Ceasing annual tilling and land disturbance
• Inclusion of wildlife corridors throughout the project design
• Implementation of fencing designed to provide valuable habitat for the San Joaquin kit fox (an endangered
species), while excluding larger predators
• Reseeding of project areas with a native seed mix (locally sourced from grasslands of the Carrizo Plain)
• Pre-construction biodiversity training for workers, as well as daily biological field monitoring
• Rotational livestock grazing for vegetation management
To-date, these approaches have created positive outcomes in terms of biodiversity and conservation goals for the project.
In comparison to nearby Stewardship Lands which are not part of the Topaz project, areas underneath and around the
solar arrays have demonstrated increased vegetative species diversity, as well as increased live vegetative groundcover
(important from a dust control perspective). The facility has also seen a continued presence of San Joaquin kit foxes on-site,
demonstrating the value of effective project design and management on endangered or threatened species.
To read more about the conservation approaches in place at the Topaz Solar Farm, please visit: https://www.researchgate.
net/publication/325572446_Best_Practices_in_Responsible_Land_Use_for_Improving_Biodiversity_at_a_Utility-Scale_
Solar_Facility

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Conservation Dual-Use Solar – Planning, Design, and Feasibility Criteria:

Design • Improve on-site hydrology through the construction of green infrastructure like bioswales.
• Reintroduce native and pollinator flora, as well as small mammal habitat, and integrate all in
solar site design.
• Consult local/regional expertise to ensure the site is tailored to the local habitat, species, and
conservation goals.
Construction •C
 omplete construction in a minimally impactful manner, including through low-impact selective cutting
plans and burying lines.
• Any soil and site impacts should be promptly remediated and improved.
Establishment • Manage the site first and foremost as a restored ecosystem, not as a solar array.
& Maintenance
• Minimize pesticide use and mechanical maintenance in the solar maintenance plan.
Community • Helps protect and improve sensitive ecosystems on and surrounding the site.
Impacts
• Decommissioning plans should address ecosystem restoration and protection at end of system lifecycle.
Feasibility • Highly Dependent on site-specific and/or regional considerations and needs.
• Reliant on certain design and maintenance considerations which will affect project costs and logistics,
including but not limited to:
- Consultation with knowledgeable local or regional experts
- Project-specific environmental research and studies
- Changes to site design to minimize or mitigate impacts to environmental resources

Conservation Dual-Use Example

•D
 emonstration project at the National Wind Technology Center (Boulder, CO): In 2010, NREL began conducting studies
on restorative vegetation at its 1.1 MW solar array in Colorado. Situated on grassland habitat, the site was revegetated
using a local seed mix designed to achieve positive ecological outcomes. Over a 3-year period, researchers found that
revegetation using native species was “not only possible, but [could] achieve ground cover sufficient to control erosion
and to begin to restore wildlife habitat.”19
• “ Solinator Garden” (Fort Collins, CO): This 1 MW solar farm, built by Solaris Energy and Namasté Solar, features a
pollinator garden along the perimeter of the system and a flower and grass blend spread through the site.

19
 REL. Native Vegetation Performance under a Solar PV Array at the National Wind Technology Center. May 2017.
N
https://www.nrel.gov/docs/fy13osti/56290.pdf

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4. Solar and Agriculture in NYS
Programs and Regulations
4.1 Office of Renewable Energy Siting (ORES)
Given the importance of balancing solar and agriculture for local governments, this section highlights critical and relevant
requirements as they appear in the state-level renewables siting process administered by the Office of Renewable Energy
Siting (ORES). This information is intended to aid local governments in understanding the degree to which agricultural
resources are heavily considered by ORES.
In April 2020, the NYS legislature enacted the Accelerated Renewable Energy Growth and Community Benefit Act (the Act) to
advance renewable energy development pursuant to the State’s ambitious climate and energy goals. This legislation created
ORES to serve as a central office responsible for implementing a consolidated and timely review and approval process for
major renewable energy generating facilities, inclusive of solar. Under the Act, new renewable facilities with a nameplate
capacity of 25 MW or more must obtain a permit through ORES, while renewable facilities with a nameplate capacity between
20-25 MW may choose between ORES and the applicable local permitting process.
ORES utilizes a set of regulations and uniform standards and conditions in reviewing and permitting major renewable
generating facilities. These standards and conditions were developed based on the comprehensive certificate conditions
established under the Article 10 permitting process, as well as in consultation with numerous state agencies and public input.
Agricultural lands, impact mitigation, and consultation with NYSAGM are highlighted throughout the ORES application and
review process, including but not limited to the following standards and requirements:
• Applicants must submit a robust assessment of the project study area (“Exhibit 15: Agricultural Resources”
[Section 900-2.16]) in order to catalogue and examine agricultural impacts. Exhibit 15 details numerous requirements
related to agricultural lands, including but not limited to:
- Identification of proposed impacts (temporary and/or permanent) on productive agricultural areas.
- Comprehensive agricultural maps of the facility study area.
- Submittal of an Agricultural Plan detailing the facility’s strategies for avoiding, minimizing, and mitigating impacts on
active agricultural lands (defined as land having been used for agricultural production in three of the last five years)
consisting of MSG 1-4.
• Projects proposed on active agricultural lands consisting of MSG 1-4 shall adhere to NYSAGM’s Guidelines for Solar
Energy Projects-Construction Mitigation for Agricultural Lands to the maximum extent practicable, and must hire an
independent, third-party agricultural monitor approved by ORES/NYSAGM to oversee compliance with agricultural
conditions and requirements (19 NYCRR Section 900-6.4[s]).
ORES regulations also require applicants to provide a list of relevant substantive local laws and requirements applicable
to the facility’s construction and operation (19 NYCRR Section 900-2.25[c]), which may include local zoning and land use
regulations pertaining to agricultural lands. If granted approval, the applicant shall be required to construct and operate
a permitted facility in accordance with applicable local laws unless ORES determines that the laws are unreasonably
burdensome (19 NYCRR § 900-6.3[a]).
For more information about ORES, including regulations and permit applications, visit https://ores.ny.gov/.

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 Commentary: Solar and Agriculture in the Article 10 Review Process
Since 2011, prior to the creation of ORES, energy generating facilities larger than 25 MW (both renewable and fossil fuel
generators) were permitted in accordance with Public Service Law Article 10 (Article 10), which utilizes a comprehensive
application process overseen by the NYS Board on Electric Generation Siting and the Environment (Siting Board).
Although ORES now serves as the sole permitting authority for new major renewable generating facilities, Article 10 remains
an important mechanism, as existing projects in the initial stages of Article 10 review shall continue to seek a permit through
Article 10 (unless they opt to transfer their application to ORES).
Much like ORES, the Article 10 regulations ensure that agricultural lands which may be impacted by renewable energy
projects are well-documented and accounted for. Relevant requirements include:
• Direct submission of application materials (including both the preliminary scoping statement and the formal
application) to NYSAGM (16 NYCRR §1000.5[c][4]; §1000.6[a][4])
• Maps showing all designated agricultural districts in the project area (16 NYCRR §1001.4[g])
• An analysis of all temporary and permanent impacts on agricultural resources owing to the construction and
operation of the facility and interconnections, as well as proposed mitigation measures to impacts to agricultural
resources (16 NYCRR §1001.22[q])
To learn more about Article 10, visit https://www.nyserda.ny.gov/All-Programs/Clean-Energy-Siting-Resources/Siting-for-
Large-Scale-Renewables/Article-10.

4.2 NYS Department of Agriculture and Markets (NYSAGM)

4.2.1 Solar Installations in State Certified Agricultural Districts
Article 25AA of NYS Agriculture and Markets Law (AML) provides a bottom-up approach to protecting farmland by
establishing State Certified Agricultural Districts (Agricultural Districts). Landowners petition the County Legislature to
include their farmland in an Agricultural District, affected municipalities are notified, a public hearing is held, and the County
Legislature creates or modifies an Agricultural District by removing or adding land to the District. Farm operations located
within an Agricultural District receive certain benefits, including limited protection from eminent domain, condemnation, and
unreasonably restrictive local rules, regulations, laws, and ordinances; an agricultural assessment (see NYS Department of
Taxation and Finance section below); protection from private nuisance lawsuits; and other benefits. A landowner receiving
annual agricultural assessments inside an Agricultural District commits their land to an agricultural use for the next five years.
Farmland outside Agricultural Districts are generally not eligible for other Agricultural District benefits and protections. The
following sections further detail protections in place for farm-related solar projects, the environmental review process for solar
projects in Agricultural Districts, and Notice of Intent (NOI) process for solar projects sited in Agricultural Districts.
Learn more about the Agricultural District Law at https://agriculture.ny.gov/system/files/documents/2020/01/summary-
agrdistrict-law.pdf.

4.2.1.1 Protections for Farm-Related Solar in Agricultural Districts

As previously covered, in accordance with NYS AML, solar installations in Agricultural Districts which are considered on-
farm equipment are protected from unreasonably restrictive local laws. NYSAGM considers solar projects to be “on-farm”
equipment when they are designed, installed, and operated so that the anticipated annual total amounts of electrical energy
generated does not exceed 110% of the anticipated annual electricity needs of the farm. Solar equipment is considered on-
farm buildings in jurisdictions where local law classifies this equipment as structures or buildings. To ensure that electrical
output from solar equipment does not exceed the 110% threshold, an initial energy assessment may be required to separate
farm-related electricity consumption from other uses. If solar equipment is connected by remote net metering, combined
multiple meters must determine the on-farm equipment’s electrical needs.

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4.2.1.2 State Environmental Quality Review (SEQR) for Solar Projects in Agricultural Districts
Due to a solar project’s potential impacts on sensitive land, actions in State Certified Agricultural Districts generally require
more stringent environmental review. Upon receiving an application for a solar project, the relevant municipal board must
determine whether it will engage in discretionary decision making (“[all] decisions of an agency to approve, fund, or directly
undertake an action that may affect the environment”20), which may establish the project as subject to State Environmental
Quality Review (SEQR). If the project is deemed subject to SEQR review, the board must classify the project under one of
three SEQR action “types”: Type I, Type II or Unlisted. Action type may depend on project size and, to some extent, proximity
to sensitive environmental or social-cultural resources.
A non-agricultural use, such as a solar project which is not “on-farm” equipment, occurring wholly or partially within an
Agricultural District is a Type I action if it exceeds 25 percent of any Type I threshold established under SEQR. For example,
a Type I threshold of 10 acres for a particular physical alteration would be reduced to 2.5 acres in an Agricultural District,
elevating review for any solar installation requiring more than 2.5 acres of land in an Agricultural District to a Type I action
unless the installation is deemed “on-farm” equipment or building. NYSAGM may be an Interested Agency in the SEQR
process and may become an Involved Agency depending on the nature of the impact.
To learn more, access the ‘SEQR for Solar’ section of NYSERDA’s Solar Guidebook for Local Governments.

4.2.2 Notice of Intent (NOI) Process

NYSAGM considers non-residential solar arrays to be commercial facilities; accordingly, any such project located in a State
Certified Agricultural District receiving funding from NYSERDA under the Clean Energy Standard or the NY-Sun Commercial/
Industrial Program must complete the Notice of Intent (NOI) process as detailed in NYS AML Section 305(4).
The project sponsor is required to submit a completed NOI Form to NYSERDA to examine and address the project’s impacts
on land, farm enterprises, and agricultural resources in the Agricultural District, and to demonstrate how project impacts may
be avoided or minimized. NYSERDA will determine if sufficient information has been provided and submit this information to
NYSAGM. The NOI process allows NYSAGM to conduct detailed, site-specific reviews of relevant filings, and to recommend
project changes, mitigation strategies, or remedial action where necessary.
Additionally, in conjunction with NYSAGM, NYSERDA has adopted program changes that require certain projects to make an
agricultural mitigation payment to a designated fund, based on both the size of the project and the extent to which the project
overlaps with priority high-quality soils. This requirement incentivizes projects to minimize impacts on high quality agricultural
lands, while simultaneously providing monetary contributions that may support continued agricultural practices in the region,
fund agricultural initiatives, support research for specific solar and agricultural projects, or contribute to other important and
related causes.
For more information about the NOI process, visit https://agriculture.ny.gov/land-and-water/notice-intent-requirement.
For more information about agricultural mitigation requirements for projects participating in a NYSERDA incentive program, visit:
• NY-Sun Program: https://www.nyserda.ny.gov/All-Programs/Programs/NY-Sun/Contractors/Resources-for-Contractors.
• NYSERDA Solicitations for Large-Scale Renewables: https://www.nyserda.ny.gov/All-Programs/Clean-Energy-Standard/
Renewable-Generators-and-Developers/RES-Tier-One-Eligibility/Solicitations-for-Long-term-Contracts.

4.2.3 NYSAGM Guidelines for Solar Energy Projects – Construction Mitigation for Agricultural Lands
NYSAGM provides guidance for minimizing solar energy project construction impacts on agricultural lands via their Guidelines
for Solar Energy Projects - Construction Mitigation for Agricultural Lands resource. These guidelines are highly technical and
are designed to ensure the future and continued agricultural productivity of agricultural lands hosting solar projects.
Currently, adherence to the guidelines is required for all projects located in a State-Certified Agricultural District which are
participating in a NYSERDA solar incentive program, including the NY-Sun Commercial/Industrial Program, as well as any
Tier 1 Solicitation for Large-Scale Renewables. Projects permitted through ORES are also required to adhere to the guidelines.
Additionally, as suggested in the Model Solar Law located in this Solar Guidebook, local governments may choose to require
adherence to the guidelines for all ground-mounted solar installations located on highly productive or priority soils, such
as MSG 1-4.

20
 YS Department of Environmental Conservation. The SEQR Handbook, Fourth Edition. 2020.
N
https://www.dec.ny.gov/docs/permits_ej_operations_pdf/seqrhandbook.pdf

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The NYSAGM Guidelines are highly prescriptive, addressing agricultural impacts throughout the lifespan of a solar project by
including requirements for key stages of project development, including:
•P
 roject Construction: addresses treatment of topsoil, trenching and underground cable management, soil drainage
management, and other topics.
•P
 ost-construction Restoration: covers disposal of construction debris, site repair, soil decompaction, vegetation
management, and other topics.
•M
 onitoring and Remediation: examines any continued impacts to site ecology and productivity during the growing
season(s) following project construction.
• Project Decommissioning: ensures adequate removal of equipment (to specific depths), replacement of topsoil,
agricultural restoration, and other actions.
To access these guidelines, visit: https://www.nyserda.ny.gov/-/media/Project/Nyserda/Files/Programs/NY-Sun/Contractor-
Resources/NYSAGM-guidelines-for-solar-construction-mitigation-ag.pdf.

4.2.4 Farmland Protection Plans

Pursuant to Administrative Rule 1 NYCCR 390, NYSAGM provides funding for municipalities and counties to develop
agricultural and farmland protection plans in conjunction with the Cornell Cooperative Extension, local farmers, and other
stakeholders. These plans, which are intended to identify priority lands and areas for preservation within the community, must:
• Include a statement of the municipality's goal(s) with respect to agricultural and farmland protection.
• Identify the general location of any lands or other designation of areas that are proposed to be protected.
• Analyze the lands or areas to be protected, such as their value to the agricultural economy of the municipality, their open
space value, the level of conversion pressure being experienced, and the consequences of possible conversion.
• Describe activities, programs, and strategies intended to be used by the municipality to promote continued agricultural
use, including how they are to be financed, and which may include but not be limited to revisions to the municipality's
comprehensive plan.
• Describe and identify other municipal and county planning and land use programs, if any (such as economic
development, zoning, and comprehensive land use planning), which may be shown to complement and be consistent
with the municipal agricultural and farmland protection plan, as well as identification of any plans, policies, or objectives
which are inconsistent with or conflict with the plan.
For more information on Farmland Protection Planning and Implementation Grants visit: https://agriculture.ny.gov/land-and-
water/farmland-protection.

4.3 NYS Department of Taxation and Finance

4.3.1 Agricultural Assessments
An agricultural assessment is an adjustment to a property’s assessed value based on a land’s ability to produce a crop,
livestock or livestock product associated with eligible Farm Operations rather than full development value. The property
tax that will be paid by the owner is based on agricultural assessment adjustments associated with production values of
soil in active agricultural production. Land inside and outside of an Agricultural District may be eligible for an agricultural
assessment. To qualify, farmers must produce crops, livestock, or livestock products on seven or more acres of land and
have average annual gross sales of $10,000 or more for the prior two years. Land with less than seven acres in agricultural
production must have average gross sales of $50,000 or more for the prior two years. Farmland that has received an
agricultural assessment must remain in agricultural use for the next five years if located inside an Agricultural District or eight
years if located outside of an Agricultural District.
For more information regarding agricultural assessments, visit:
• NYSAGM Agricultural Assessments Information: https://agriculture.ny.gov/land-and-water/tax-credits-and-agricultural-
assessments#agricultural-assessment-information.
• Department of Tax & Finance Agricultural Assessment Information: www.tax.ny.gov/research/property/assess/valuation/
agindex.htm.
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4.3.2 Converting Farmland to Solar
AML Section 301(8) defines “conversion” as “an outward or affirmative act changing the use of agricultural land” to a
nonagricultural use. When a conversion occurs or updates are necessary, the landowner is responsible to notify town
assessor. A conversion penalty will likely be imposed if farmland located within an Agricultural District is converted to a
nonagricultural use within five years of an agricultural assessment, or eight years if located outside of an Agricultural District.
Conversion penalties are equal to five times the taxes saved in the most recent year that the land received an agricultural
assessment, plus interest.21 No conversion penalty is imposed if agricultural land is converted for oil, gas, or wind energy
development that does not support agricultural production. However, because solar energy is not included in this exemption,
a conversion penalty would apply if the electrical output of solar equipment substantially exceeds (e.g., is more than 110% of)
a farm’s anticipated electrical needs.
When only a portion of a parcel is converted to a nonagricultural use, the assessor apportions the real property tax
assessment and the agricultural assessment, determines the tax savings attributable to the converted portion, and computes
the conversion payment based on that portion. If the remaining land within a parcel is used for agricultural purposes and
the eligibility criteria are met, that land may still receive an agricultural assessment. Assessors can work with landowners
to determine the conversion penalty. Landowners should know where solar projects are sited on their land to work with
the associated Soil and Water Conservation District to revise the amended Soil Group Work Sheet, which will enable a
comparative analysis of benefited acres versus total converted acres by mineral, organic, and farm woodland soil groups.
Conversion payments are added to the converted land’s taxes. Properties may be subject to a tax sale if conversion
payments are not made. These payments generally become the landowner’s responsibility at the time of conversion,
although solar project developers will typically cover these costs as a part of their contract with the landowner.
Finally, landowners must notify the assessor within 90 days whenever a parcel receiving an agricultural assessment is
converted to a nonagricultural use. Failure to notify may result in a penalty of two times the payments owed, up to a
maximum of $1,000.
For more information regarding agricultural land conversions, access the Department’s Conversion of Agricultural Lands
guidance at: https://www.tax.ny.gov/research/property/assess/valuation/ag_conversion.htm.

4.4 NYS Working Groups

4.4.1 Agricultural Technical Working Group
Early in 2021, NYSERDA organized and hosted the first meeting of the NYS Agricultural Technical Working Group (A-TWG).
The A-TWG was founded to identify opportunities, navigate conflicts, and promote best practices around issues at the
intersection of solar development and agriculture, with consideration of other land use concerns.
A-TWG members represent a variety of stakeholder groups, including agricultural land and farm advocates, solar developers
and operators, climate and environmental organizations, local government officials, academia, and state agencies. The
group’s intention is to bring together science and socio-economic subject matter experts to develop collaborative advice,
guidelines, or other products which consider the State’s agricultural land and farm economy while responsibly advancing the
State’s renewable energy and greenhouse gas emissions reduction goals.
The A-TWG acts as a forum where stakeholders can openly communicate concerns, identify information needs, and learn
of actions being taken by the State and other stakeholders to improve outcomes around solar and agriculture. The group
also serves as an advisory body to relevant state agencies and other participating entities, providing advice and guidance
to help steer efforts to advance responsible renewable energy development while appropriately balancing the needs and
contributions of New York agricultural operations, lands, and farmers.
For more information regarding the A-TWG, including meeting materials and announcements, visit: www.nyatwg.com/.

21
AML 305(1)(d), AML §306(2)(a)(i): https://www.nysenate.gov/legislation/laws/AGM

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4.4.2 Farmland Protection Working Group
Adopted in April 2021, the State’s Fiscal Year 2021/2022 Budget included a provision to establish a statewide Farmland
Protection Working Group (FPWG). The FPWG was tasked with recommending strategies to minimize the impacts of
renewable energy development on productive agricultural soils and working farms, and to facilitate and promote input from
local governments in the renewable energy siting process. The FPWG, which held its first meeting in December 2021, is
administered by NYSAGM, and includes executive representation from state agencies including NYSDEC, NYSERDA, ORES,
and the NYS Department of Public Service. Other appointed Working Group members include representatives from local and
county governments, farm advocates, and County Agriculture and Farmland Protection Boards.
For more information regarding the Farmland Protection Working Group, visit: https://agriculture.ny.gov/land-and-water/
farmland-protection-working-group.

5. Resources for Local Governments

The following guidance documents, resources, and articles provide additional information for local governments looking to
implement a balanced approach toward regulating solar development on agricultural lands.

5.1 Solar and Agriculture Guidance Documents

Farmland Solar Policy Design Toolkit
U.S. Department of Agriculture (2020)
https://farmandenergyinitiative.org/wp-content/uploads/2020/08/Final-FSPP-Toolkit-Report.pdf
Farmer's Guide to Going Solar
Solar Energy Technologies Office, DOE Office of Energy Efficiency & Renewable Energy
https://www.energy.gov/eere/solar/farmers-guide-going-solar
Smart Solar Siting Principles and Examples of Land Use Laws that Support Renewable Energy While Protecting Farmland
American Farmland Trust (2019)
https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-
that-Protect-Farmland.pdf
Low-Impact Solar Development Strategies Guidebook
InSPIRE
https://openei.org/wiki/InSPIRE/Guidebook
Commercial Solar Development on Farmlands
Sustainable Development Code (2020)
https://sustainablecitycode.org/brief/commercial-solar-development-on-farmlands-2/
Considerations When Leasing Agricultural Land to Solar Developers
Cornell University (2019)
http://ccetompkins.org/resources/considerations-when-leasing-agricultural-lands-to-solar-developers
Sustainable Farm Energy
Cornell Small Farms Program (2019)
https://smallfarms.cornell.edu/projects/farm-energy/

5.2 New York Regional Resources

Solar Ready, Climate Resilient: Best Practices and Recommendations for Solar Zoning in the Hudson Valley
Scenic Hudson (2020)
https://www.scenichudson.org/wp-content/uploads/2021/01/solar-zoning-in-the-hudson-valley.pdf
Planning for Offsite Solar Energy Projects
NYS Tug Hill Commission (2020)
https://tughill.org/wp-content/uploads/2020/02/Planning-for-Offsite-Solar-Energy-Projects.pdf

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5.3 Dual-Use Solar Information and Resources
Agrivoltaics
Fraunhofer Institute for Solar Energy Systems
https://www.ise.fraunhofer.de/en/key-topics/integrated-photovoltaics/agrivoltaics.html
AgriSolar Clearinghouse
Connecting businesses, land managers, and researchers with trusted resources to support the growth of co-located solar a
nd sustainable agriculture
https://www.agrisolarclearinghouse.org/
Smart Solar Siting for New England: Policy Strategies for Farmland Protection
American Farmland Trust (2020)
https://s30428.pcdn.co/wp-content/uploads/sites/2/2020/09/NE-SSS-Solar-Policy-Strategies-for-Farmland-Protection-FINAL.pdf
How Community Solar Supports American Farmers
Solar Energy Industries Association (2020)
https://www.seia.org/sites/default/files/2020-02/SEIA-Report-Community-Solar-Support-American-Farms-2020.pdf
Solar and Agricultural Land Use
Solar Energy Industries Association (2019)
https://www.seia.org/sites/default/files/2019-11/Solar%20Ag%20Land%20Usage%20FactSheet%202019-PRINT.pdf
Clean Energy Home
UMass Amherst, The Center for Agriculture, Food and the Environment
https://ag.umass.edu/clean-energy
Impacts and Opportunities from Large-Scale Solar Photovoltaic (PV) Electricity Generation on Agricultural Production
Environmental Quality Management Journal (2019)
https://onlinelibrary.wiley.com/doi/abs/10.1002/tqem.21629
Examining the Potential for Agriculture Benefits from Pollinator Habitat at Solar Facilities in the United States
Environmental Science and Technology (2018)
https://pubs.acs.org/doi/pdf/10.1021/acs.est.8b00020
Solar Panels Cast Shade on Agriculture in a Good Way
Science Daily (2019)
https://www.sciencedaily.com/releases/2019/07/190729123751.htm
Growing Crops Under Solar Panels? Now There’s a Bright Idea
Wired (2021)
https://www.wired.com/story/growing-crops-under-solar-panels-now-theres-a-bright-idea/?utm_source=facebook&utm_
medium=news_tab&utm_content=algorithm

Questions?
If you have any questions regarding the solar Installations on agricultural lands, please email questions to cleanenergyhelp@
nyserda.ny.gov or request free technical assistance at nyserda.ny.gov/SolarGuidebook. The NYSERDA team looks forward to
partnering with communities across the state to help them meet their solar energy goals.

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 Landowner
Considerations for
Solar Land Leases
Identifying key questions and potential impacts of leasing land for solar projects.

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Section Contents
1. Community Solar . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
2. Solar For Your Land . . . . . . . . . . . . . . . . . . . . . . . . . . 157
2.1 Per Acre Lease Rates . . . . . . . . . . . . . . . . . . . . . . 157
3. Agricultural Assessments For Your Property . . . . . 158
3.1 Conversion penalty . . . . . . . . . . . . . . . . . . . . . . . . 158
3.2 Solar Panels and Taxes . . . . . . . . . . . . . . . . . . . . . 158
3.3 Exemptions from School, County,
Town, and Village Taxes . . . . . . . . . . . . . . . . . . . . 158
4. Other Potential Impacts . . . . . . . . . . . . . . . . . . . . . . . 159
4.1 Responsibility of Dismantling Solar Arrays . . . . 159
4.2 Selecting your Solar Array Location . . . . . . . . . 159
4.3 Local Solar Laws in your Community . . . . . . . . . 159

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Overview
When deciding to lease land for solar, landowners have many factors to consider
before committing. Throughout this section, we provide landowners with the
necessary information to take their solar development project to the next step
by discussing the topics of: community solar, per-acre lease rates, agricultural
assessments, conversion penalties, taxing on solar, and other potential impacts and
considerations when in the decision making process.
New York’s solar market is growing fast and demand for sites to install large-scale solar electric systems is high. Across
New York State, solar developers are contacting farmers and landowners to secure long-term land leases for siting solar
arrays. The amount of land desirable for a lease generally ranges from 10 to 30 acres, depending upon the size of the
solar array.
Before considering such a lease or contract, you should know installing solar panels on farmland may trigger a “conversion
penalty” and may increase the taxable value of the overall property. To fully understand the impact of these factors,
landowners are urged to consult with an attorney and their municipal assessor before signing any documents.

1. Community Solar
NY-Sun, New York State's initiative to add more than 6 GW of installed solar capacity in New York State by 2025, encourages
and supports the installation of solar arrays to generate clean and renewable energy statewide.
Tens of thousands of New Yorkers have already put solar panels on their homes. Many buildings, however, are not suited for
solar panels due to shading, roof condition, or other factors. New Yorkers now can subscribe to larger community solar systems.
Community solar provides opportunities for renters, homeowners, businesses, and municipalities to subscribe to a portion of
community solar energy projects. The siting of these systems is creating an even greater interest in the leasing of farmland.

2. Solar For Your Land

The size of a solar installation is measured by its capacity to produce energy. A 1-megawatt (MW) installation will generate
approximately 1,174,000 kilowatt hours (kWh is how electricity usage is measured on your utility bill) each year. A 1-MW system
will generally require about six acres of land for 3,000 to 4,000 individual solar panels and will cost $2 million to $3 million to
build. Systems built on open land will connect directly to the electric grid and will have their own utility meter. Solar panels are
typically warrantied for 25 years, but a system can last longer than that if panels are replaced over time.

2.1 Per Acre Lease Rates

Rates can vary. If you are approached by a developer or have interest in leasing your land, research the going rate for land
leases in your area. Contact multiple solar developers to gauge interest in your land. Certain site characteristics are especially
attractive for solar development, such as cleared land that is south-facing with road access and in close proximity to the
substation. Do research online about solar lease rates in other areas and consider working with a real estate professional.
Prior to signing a lease with a solar developer, landowners should examine possible tax consequences and issues associated
with the construction of roads, fencing, and electrical poles. Landowners should consider asking an attorney to carefully
examine the land lease terms.

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3. Agricultural Assessments
For Your Property
Under the Agriculture and Markets Law, if a landowner receives an agricultural assessment and converts the land to a
nonagricultural use, the landowner may be subject to a monetary payment for converting the land. A conversion of land is “an
outward or affirmative act changing the use of agricultural lands” (AML §301(8)).
Municipal assessors are responsible for tracking conversions when they occur. Landowners are also required to notify the
assessor within 90 days whenever a parcel receiving an agricultural assessment is converted to a nonagricultural use.
A fine of up to $1,000 can be levied against a landowner who fails to report the conversion.

3.1 Conversion penalty

The landowner on record is responsible for paying the conversion penalty. Your assessor can work with you to determine
what the conversion penalty may cost. Make sure you know where the solar array will be placed on your property so that a
comparative analysis of benefited acres versus total converted acres, by mineral, organic, and farm woodland soil groups can
be determined.

3.2 Solar Panels and Taxes

A solar energy system is “real property” once it has been permanently affixed to land or a structure [Real Property Tax Law
(RPTL) § 102(12)(b); 8 Op. Counsel SBEA No. 3]. The definition of “real property” also includes a “power generating apparatus”
[RPTL §102(12)(f)]. As such, it is taxable unless it qualifies for an exemption (RPTL § 300). The assessor must determine the
contributory value of the solar array to the value of your property. If the value of the converted acreage devoted to the solar
array increases, it may affect your taxes. An increase in taxable value may affect your county, town, village, and school taxes
as well as other taxes that may be levied, such as highway, fire, ambulance, library, lighting district, drainage district, and
other taxes and levies. It may also affect special district taxes for municipal water and sewer districts if the land is no longer
predominantly used for agricultural purposes.

3.3 Exemptions from School, County, Town, and Village Taxes

There is an exemption statute in State Law that applies specifically to solar energy systems: Section 487 of the RPTL.
Section 487, which also covers wind power systems and farm waste energy systems, provides a 15-year exemption from real
property taxation for the increase in value resulting from the installation of a qualifying system. However, the statute allows
municipalities and school districts to opt-out of this exemption. To find out if your county, town, village, and/or school district
has opted out, talk to your local tax assessor. Leases beyond 15 years will likely have an effect on your tax liabilities going
forward. Absent the exemption, the local government may seek to value the solar array at full value. This assessment would
again depend upon the contributory value of the solar array on your property at year 16. This question should be discussed
with your local tax assessor.

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4. Other Potential Impacts
Solar arrays must be connected to the electrical grid, which may require the installation of power poles. Landowners should
make sure that pole placement and the height of the wire will not interfere with their ability to farm the land. The same can be
said concerning the siting of access roads. Make sure the access road is constructed so that it does not shed water onto your
fields and that the finished grade does not interfere with normal drainage patterns. Also, ask about the material used to finish
the surface of the access road. Will the size of the stone interfere with the operation of your equipment if some of it ends up
in your field? See if the access road can be used by you and your farm equipment to access your property. Design the road
so that it also serves both your needs and that of the solar company. Be sure to discuss these aspects of the construction of
the solar project with the developer before you sign the lease.

4.1 Responsibility of Dismantling Solar Arrays

In the contract, make sure that there are provisions that determine who is responsible for dismantling the facility if the
company is no longer in business or if the solar array ages out and is no longer viable, ensuring the property is returned to its
pre-leased condition.

4.2 Selecting your Solar Array Location

If you are interested in the possibility of a lease to a solar company, talk to them about the siting of the solar arrays on your
property. Does it have to be placed on your best farmland (such as on Soil Groups 1-4)? Can the solar arrays be placed on
land that is not suited for agricultural production, such as support land, sloping pasture, or underutilized areas of the farm?
Can the land beneath the solar arrays be planted with crops or grazed by non-climbing animals? There are a number of
possibilities that should be explored. Think about how the siting of a solar array on your property can benefit your farm
operation and ask questions.

4.3 Local Solar Laws in your Community

Some municipalities have provisions in their zoning code to address the siting of solar arrays within the community. Other
municipalities have placed a temporary freeze on the siting and installation of such facilities until they have decided on the
best method to review and/or regulate the use within the town or village. Some municipalities are also in the process of
drafting amendments to their zoning code to address this issue.

Influence the Local Process

If you do not participate in the local process, your point of view cannot be heard. Also, speak with your assessor to determine
what impact the siting of a solar array may have on your farm or property and the bottom line (taxes versus lease payments).

Questions?
If you have any questions regarding solar land leases, please email questions to [email protected] or
request free technical assistance at nyserda.ny.gov/SolarGuidebook. The NYSERDA team looks forward to partnering with
communities across the state to help them meet their solar energy goals.

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Decommissioning Solar
Panel Systems
Information for local governments and landowners on the
decommissioning of large-scale solar panel systems.

Solar Guidebook for Local Governments

NYSERDA 17 Columbia Circle Albany, NY 12203

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Section Contents
1. Abandonment and Decommissioning . . . . . . . . . . 163
1.1 Decommissioning Plans . . . . . . . . . . . . . . . . . . . . 163
1.2 Estimated Cost of Decommissioning . . . . . . . . . 164
2. Ensuring Decommissioning . . . . . . . . . . . . . . . . . . . . 164
2.1 Financial mechanisms . . . . . . . . . . . . . . . . . . . . . . 165
2.2 Nonfinancial mechanisms . . . . . . . . . . . . . . . . . . . 166
2.3 Examples of abandonment and
decommissioning provisions . . . . . . . . . . . . . . . . 166
2.4 Checklist for Decommissioning Plans . . . . . . . . 166

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Overview
We provide information for local governments and landowners on the
decommissioning of large-scale solar panel systems through the topics
of decommissioning plans and costs and financial and non-financial
mechanisms in land-lease agreements.

As local governments develop solar regulations and landowners negotiate

land leases, it is important to understand the options for decommissioning
solar panel systems and restoring project sites to their original status.
From a land use perspective, solar panel systems are generally considered large-scale when they constitute the
primary use of the land and can range from less than one acre in urban areas to 10 or more acres in rural areas.
Depending on where they are sited, large-scale solar projects can have habitat, farmland, and aesthetic impacts.
As a result, large-scale systems must often adhere to specific development standards.

1. Abandonment and Decommissioning

Abandonment occurs when a solar array is inactive for a certain period of time.
• Abandonment requires that solar panel systems be removed after a specified period of time if they are no longer in
use. Local governments establish timeframes for the removal of abandoned systems based on aesthetics, system size
and complexity, and location. For example, the Town of Geneva, NY, defines a solar panel system as abandoned if
construction has not started within 18 months of site plan approval, or if the completed system has been nonoperational
for more than one year.22
• Once a local government determines a solar panel system is abandoned and has provided thirty (30) days prior written
notice to the owner it can take enforcement actions, including imposing civil penalties/fines, and removing the system
and imposing a lien on the property to recover associated costs.
Decommissioning is the process for removing an abandoned solar panel system and remediating the land.
• When describing requirements for decommissioning sites, it is possible to specifically require the removal of
infrastructure, disposal of any components, and the stabilization and re-vegetation of the site.

1.1 Decommissioning Plans

Local governments may require having a plan in place to remove solar panel systems at the end of their lifecycle, which
is typically 20-40 years. A decommissioning plan outlines required steps to remove the system, dispose of or recycle its
components, and restore the land to its original state. Plans may also include an estimated cost schedule and a form of
decommissioning security (see Table 1).

22
Town of Geneva, N.Y. CODE § 130-4(D)(5) (2016):

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1.2 Estimated Cost of Decommissioning
Given the potential costs of decommissioning and land reclamation, it is reasonable for landowners and local governments
to proactively consider system removal guarantees. A licensed professional engineer, preferably with solar development
experience, can estimate decommissioning costs, which vary across the United States. Decommissioning costs will vary
depending upon project size, location, and complexity. Table 1 provides an estimate of potential decommissioning costs
for a ground-mounted 2-MW solar panel system. Figures are based on estimates from the Massachusetts solar market.
Decommissioning costs for a New York solar installation may differ. Some materials from solar installations may be recycled,
reused, or even sold resulting in no costs or compensation. Consider allowing a periodic reevaluation of decommissioning
costs during the project’s lifetime by a licensed professional engineer, as costs could decrease, and the required payment
should be reduced accordingly.

Table 1: Sample list of decommissioning tasks and estimated costs

Tasks Estimated Cost ($)
Remove Rack Wiring $2,459
Remove Panels $2,450
Dismantle Racks $12,350
Remove Electrical Equipment $1,850
Breakup and Remove Concrete Pads or Ballasts $1,500
Remove Racks $7,800
Remove Cable $6,500
Remove Ground Screws and Power Poles $13,850
Remove Fence $4,950
Grading $4,000
Seed Disturbed Areas $250
Truck to Recycling Center $2,250
Current Total $60,200
Total After 20 Years (2.5% inflation rate) $98,900

2. Ensuring Decommissioning
Landowners and local governments can ensure appropriate decommissioning and reclamation by using financial and
regulatory mechanisms. However, these mechanisms come with tradeoffs. Including decommissioning costs in the upfront
price of solar projects increases overall project costs, which could discourage solar development. As a result, solar
developers are sometimes hesitant to provide or require financial surety for decommissioning costs.
It is also important to note that many local governments choose to require a financial mechanism for decommissioning. Although
similar to telecommunications installations, there is no specific authority to do so as part of a land use approval for solar projects
(see Table 2). Therefore, a local government should consult their municipal attorney when evaluating financial mechanisms.

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The various financial and regulatory mechanisms to decommission projects are detailed below.

Table 2: Relevant Provisions of General City, Town, and Village Laws Relating to Municipal Authority to Require Conditions, Waivers,
and Financial Mechanisms
Site Plan Review General City Law Town Law Village
Conditions 27-a (4) 274-a (4) 7-725-a (4)
Waivers 27-a (5) 274-a (5) 7-725-a (5)
Performance bond or other security 27-a (7) 274-a (7) 7-725-a (7)
Subdivision General City Law Town Law Village Law
Waivers 33 (7) 277 (7) 7-730 (7)
Performance bond or other security 33 (8) 277 (9) 7-730 (9)
Special General City Law Town Law Village Law
Conditions 27-b (4) 274-b (4) 7-725-b (4)
Waivers 27-b (5) 274-b (5) 7-725-b (5
Source: Referenced citations may be viewed using the NYS Laws of New York Online

Excerpts from these statutes are also contained within the “Guide to Planning and Zoning Laws of New York State,” New York State Division of Local
Governments Services, June 2011: https://www.dos.ny.gov/lg/publications/Guide_to_planning_and_zoning_laws.pdf

2.1 Financial mechanisms

Decommissioning Provisions in Land-Lease Agreements. If a decommission plan is required, public or private landowners
should make sure a decommissioning clause is included in the land-lease agreement. This clause may depend on the
decommissioning preferences of the landowner and the developer. The clause could require the solar project developer
to remove all equipment and restore the land to its original condition after the end of the contract, or after generation drops
below a certain level, or it could offer an option for the landowner to buy-out and continue to use the equipment to generate
electricity. The decommissioning clause should also address abandonment and the possible failure of the developer to
comply with the decommissioning plan. This clause could allow for the landowner to pay for removal of the system or pass
the costs to the developer.
Decommissioning Trusts or Escrow Accounts. Solar developers can establish a cash account or trust fund for
decommissioning purposes. The developer makes a series of payments during the project’s lifecycle until the fund reaches
the estimated cost of decommissioning. Landowners or third-party financial institutions can manage these accounts. Terms on
individual payment amounts and frequency can be included in the land lease.
Removal or Surety Bonds. Solar developers can provide decommissioning security in the form of bonds to guarantee the
availability of funds for system removal. The bond amount equals the decommissioning and reclamation costs for the entire
system. The bond must remain valid until the decommissioning obligations have been met. Therefore, the bond must be
renewed or replaced if necessary to account for any changes in the total decommissioning cost.
Letters of credit. A letter of credit is a document issued by a bank that assures landowners a payment up to a specified
amount, given that certain conditions have been met. In the case that the project developer fails to remove the system,
the landowner can claim the specified amount to cover decommissioning costs. A letter of credit should clearly state the
conditions for payment, supporting documentation landowners must provide, and an expiration date. The document must be
continuously renewed or replaced to remain effective until obligations under the decommissioning plan are met.

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2.2 Nonfinancial mechanisms
Local governments can establish nonfinancial decommissioning requirements as part of the law. Provisions for
decommissioning large-scale solar panel systems are similar to those regulating telecommunications installations, such as
cellular towers and antennas. The following options may be used separately or together.
•A
 bandonment and Removal Clause. Local governments can include in their zoning code an abandonment and removal
clause for solar panel systems. These cases effectively become zoning enforcement matters where project owners can
be mandated to remove the equipment via the imposition of civil penalties and fines, and/or by imposing a lien on the
property to recover the associated costs. To be most effective, these regulations should be very specific about the length
of time that constitutes abandonment. Establishing a timeframe for the removal of a solar panel system can be based on
system aesthetics, size, location, and complexity. Local governments should include a high degree of specificity when
defining “removal” to avoid ambiguity and potential conflicts
•S
 pecial Permit Application. A local government may also mandate through its zoning code that a decommissioning plan be
submitted by the solar developer as part of a site plan or special permit application. Having such a plan in place allows the local
government, in cases of noncompliance, to place a lien on the property to pay for the costs of removal and remediation.
•T
 emporary Variance/Special Permit Process. As an alternative to requiring a financial mechanism as part of a land
use approval, local governments could employ a temporary variance/special permit process (effectively a re- licensing
system). Under this system, the locality would issue a special permit or variance for the facility for a term of 20 or more
years; once expired (and if not renewed), the site would no longer be in compliance with local zoning, and the locality
could then use their regular zoning enforcement authority to require the removal of the facility.

2.3 Examples of abandonment and decommissioning provisions

The New York State Model Solar Energy Law provides model language for abandonment and decommissioning provisions in
the Model Law section of this Guidebook.
The following provide further examples that are intended to be illustrative and do not confer an endorsement of content:
• Town of Geneva, N.Y., § 130-4(D): ecode360 .com/28823382
• Town of Olean, N.Y., § 10.25.5: https://www.cityofolean.org/council/minutes/ccmin2015-04-14.pdf

2.4 Checklist for Decommissioning Plans

The following items are often addressed in decommissioning plans requirements:
• Defined conditions upon which decommissioning will be initiated (i.e., end of land lease, no operation for 12 months, prior
written notice to facility owner, etc.).
• Removal of all nonutility owned equipment, conduit, structures, fencing, roads, and foundations.
• Restoration of property to condition prior to solar development.
• The timeframe for completion of decommissioning activities.
• Description of any agreement (e.g., lease) with landowner regarding decommissioning.
• The party responsible for decommissioning.
• Plans for updating the decommissioning plan.
• Before final electrical inspection, provide evidence that the decommissioning plan was recorded with the Register of Deeds.

Questions?
If you have any questions regarding the decommissioning of solar panels, please email questions to cleanenergyhelp@
nyserda.ny.gov or request free technical assistance at nyserda.ny.gov/SolarGuidebook. The NYSERDA team looks forward to
partnering with communities across the state to help them meet their solar energy goals.

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Model Solar Energy
Local Law
For local governments to utilize when drafting local laws
and regulations for solar development.

Solar Guidebook for Local Governments

NYSERDA 17 Columbia Circle Albany, NY 12203

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Section Contents
1. The Role of Local Governments in
Solar Energy Development . . . . . . . . . . . . . . . . . . . . 169
1.1 Comprehensive Planning for Solar Energy . . . . . 171
1.2 Solar Energy Land Use Regulations . . . . . . . . . . 172
1.3 Additional Resources . . . . . . . . . . . . . . . . . . . . . . 178
2. Model Solar Energy Local Law . . . . . . . . . . . . . . . . . 179
2.1 Appendix 1: Lot Size Requirements . . . . . . . . . . 197
2.2 Appendix 2: Setback Requirements . . . . . . . . . 197
2.3 Appendix 3: Height Requirements . . . . . . . . . . . 198
2.4 Appendix 4: Example Decommissioning Plan . . . 199

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Overview
The Solar Energy Local Law serves as a resource to help educate local officials
about the processes of installing, operating, maintaining, and decommissioning solar
energy systems in their respective jurisdictions. Local officials can use the Model Law
to evaluate their existing local laws, regulations, and policies and adopt new rules
and regulations that facilitate solar development while meeting local needs. Before
adopting the Model Law provisions, local officials should consider the role local
governments play in solar energy development, how they can plan for solar energy,
zoning techniques that facilitate solar development, and other helpful resources.

1. The Role of Local Governments in

Solar Energy Development
Local governments have broad authority to adopt land use regulations that encourage the most appropriate use of the
land. New York State has empowered its local governments to adopt land use regulations and to review and approve
development proposals through various local boards, including local legislatures, planning boards, zoning boards of appeal,
and architectural review boards. Local governments adopt zoning and other land use regulations to implement their planning
goals and objectives and guide land development.
Zoning is the most commonly and extensively used technique for regulating land uses. Zoning provisions, established in
accordance with a comprehensive plan, separate a community into zoning districts and specify the land uses and building
dimensions that are permitted in each zone. Other local land use regulations govern the subdivision of land and the planning
and design of individual sites. For example, local regulations can determine which uses require site plan review and approval.
During site plan review, the designated local board evaluates how a particular parcel is developed. For communities without
zoning, site plan regulations are the primary technique for regulating development. In addition, land use regulations may
include provisions that protect natural and cultural resources or help facilitate solar energy development. Many of the factors
considered under land use regulations go hand in hand with a community’s review under the State Environmental Quality
Review Act (SEQRA).
In some circumstances, local land use laws regulating solar energy systems may interact with other State laws. In April
2020, the New York State legislature enacted the Accelerated Renewable Energy Growth and Community Benefit Act (the
Act), which created the Department of State’s Office of Renewable Energy Siting (ORES). ORES implements the State’s
consolidated and timely review and approval process for major renewable energy facilities. Under the Act, new large-scale
renewable energy projects producing 25 MW or more must obtain a permit from ORES, while new renewable energy projects
producing between 20 and 25 MW may opt in to the new process. Prior to issuing a final siting permit for a major renewable
energy facility, ORES must find that the proposed project complies with any applicable local laws and regulations, except
those determined by ORES to be unreasonably burdensome.

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Applications for major renewable energy facilities must contain a statement clearly identifying any applicable local
comprehensive plan, an indication of whether the proposed facility is consistent with that plan, as well as a list of all
substantive local requirements (e.g. laws, resolutions, regulations, standards, and other requirements) applicable to the
proposed facility. Permittees must construct and operate permitted facilities in accordance with all applicable and substantive
local requirements which are not determined to be unreasonably burdensome. In accordance with the office’s regulations,
ORES “may elect to not apply, in whole or in part, any local law or ordinance which would otherwise be applicable if it makes
a finding that, as applied to the proposed facility, it is unreasonably burdensome in view of the CLCPA targets and the
environmental benefits of the proposed facility” (NYCRR Chapter XVIII, Title 19 §900-2.25(c)). Applicants may request that
ORES not apply a local law or indance by including in their application a statement of justification showing the degree of
burden caused by a specific requirement.
Whether permitted locally (under local land use regulations and SEQRA) or by ORES, applicants for a solar energy system
shall be required to obtain building, electrical, and/or plumbing permit approvals and successful inspections as necessary to
ensure full compliance with the New York State Uniform Fire Prevention and Building Code.

Commentary: The Article 10 Review Process

Since 2011, energy generating facilities larger than 25 MW (including solar and other renewables) have been permitted
in accordance with Public Service Law Article 10 (Article 10), which authorizes a comprehensive application process
overseen by the NYS Board on Electric Generation Siting and the Environment (Siting Board).
Although ORES now serves as the sole permitting authority for new major renewable generating facilities, Article 10
remains an important mechanism. Existing projects in initial stages of Article 10 review will continue with this permitting
process unless they opt to transfer their application to ORES.
Much like ORES, the Article 10 regulations ensure that the proposed project will adhere to applicable local laws,
including regulations related to environmental factors, public health and safety, and the interconnection to and use of
water, electric, sewer, telecommunication, fuel, and steam lines in public rights of way. Proposed projects must comply
with these laws unless ORES finds a regulation unreasonably burdensome due to existing technology or ratepayer
costs or needs.
To learn more about Article 10, visit https://www.nyserda.ny.gov/All-Programs/Programs/Clean-Energy-Siting/Siting-for-
Large-Scale-Renewables.

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1.1 Comprehensive Planning for Solar Energy
Municipalities should consider amending their local plans before adopting solar energy regulations because local land
use regulations must conform to the locality’s comprehensive plan. New York State Village Law § 7-704, General City Law §
20(25), and Town Law § 263 require land use regulations to be “in accordance with a comprehensive plan” or “in accordance
with a well-considered plan.” When a local regulation is challenged, courts will examine a municipality’s land use policies,
actions, and existing regulations for evidence of the locality’s comprehensive plan. Thus, proactive planning for solar energy
development provides significant legal protections for regulations that implement the plan.
Local comprehensive plans also influence ORES permits for large-scale renewable energy projects. Under ORES regulations,
applications for major renewable energy facilities must identify applicable local comprehensive plans and indicate whether
the proposed facility is consistent with those plans.
Comprehensive plans inventory a community’s needs and assets, develop a shared vision for the future, and build consensus
and support for actions that will implement the plan. These plans can create the policy foundation for solar energy regulations
through planning goals, objectives, strategies, and implementation measures that facilitate solar energy development. To
learn more about comprehensive planning for solar energy, and to access additional comprehensive planning resources,
consult NYSERDA’s Clean Energy and Your Comprehensive Plan guide at: www.nyserda.ny.gov/ComprehensivePlan.

Commentary: Evidence of Comprehensive Planning

In the event that a municipality’s land use regulations become subject to legal challenge or review, the courts will
seek to identify evidence of a comprehensive plan to which the regulations under review must conform. The courts’
thorough review will potentially consider all relevant municipal policies and actions, including but not limited to the
following:
• Municipal zoning laws and their legislative findings.
• Previously adopted plans and policies (including topic-specific
plans such as agricultural protection or conservation plans)
• Previous land use decisions.
• The local legislature’s minutes.
• Existing conditions (or other) studies.
• Environmental reviews and findings.

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1.2 Solar Energy Land Use Regulations
Municipalities can implement local solar plans and policies by adopting solar energy regulations that meet local needs. To
develop a solar energy regulation, municipalities should consider completing the following steps.

1.2.1 Ensure the Regulation Conforms to Existing Plans and Policies

As discussed above, solar energy regulations should conform to existing policies and plans by implementing their goals,
objectives, and strategies. For example, communities that have farmland protection plans, sustainability plans or climate
action plans should ensure that their solar energy regulations align with those plans.

Commentary: Land Use Moratoria – What They Are, and How to Use Them Effectively
A moratorium on development is a local law or ordinance that suspends (for a reasonable time) property owners’ rights
to obtain development approvals, intended to grant a community time to consider, draft, and adopt land use plans or
rules to respond to new or changing circumstances not adequately dealt with under its current laws.
A moratorium may be general or specific. A general moratorium prevents the consideration and approval of all
development in the community. A specific moratorium prevents the consideration and approval of development in
a particular geographic area or of a certain type; for example, New York municipalities have previously implemented
moratoria focused solely on the construction of docks, telephone antennas, wind turbines, and other types of
development.
Communities should be cautious and intentional when considering the adoption of a moratorium. Moratoria involve
the suspension of landowners’ right to use their property, are often litigated, and can be invalidated by the courts if the
community is unable to show the necessity for the moratorium and its reasonableness under the circumstances.
Key Considerations for Municipalities:
• A moratorium must be reasonable to avoid the risk of being challenged and voided by the courts.
- Reasonableness is best established by local legislative findings documenting the moratorium’s necessity
in light of health/safety risks or a new land use problem that the municipalities’ existing regulations were
not designed to handle.
- The more specific and legitimate the municipality’s plan and timetable for the moratorium are, the more likely the
moratorium will be found to be reasonable.
- Generally, courts are deferential to a local legislature’s findings. However, courts will void a moratorium when there
is proof of special facts showing that the municipality acted unreasonably, arbitrarily, or in bad faith in adopting the
moratorium.
• A moratorium must be adopted in conformance with all procedures required of any zoning or land use action,
including notice, hearing, the formalities of adoption, and filing.
• A moratorium should include specific procedures for requesting a variance from its terms, just as land use regulations
have to provide for variances.
• A moratorium does not apply to approved projects where the developer has completed construction or has
completed substantial construction in reliance on a development approval or permit.
Resources:
• NYS Department of State: Land Use Moratoria
https://dos.ny.gov/system/files/documents/2021/09/land-use-moratoria.pdf

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1.2.2 Collect Relevant Information About Solar Energy Development
When conducting studies and gathering data for solar energy development, local governments should assess existing
conditions for relevant infrastructure, including gathering information about local electric distribution from hosting capacity maps.

Commentary: Hosting Capacity Maps

The “hosting capacity” of the local electric distribution system may affect solar energy development in a community.
Hosting capacity refers to an estimate of the location and quantity of new distributed energy resources (DER), including
solar energy systems, which can be interconnected without adversely impacting power quality or requiring costly
infrastructure upgrades.
Analyzing local hosting capacity can help communities identify and account for areas with higher or lower potential for
solar energy development. The Joint Utilities of New York publish and regularly update hosting capacity maps for public
use.
Knowing that development is more likely to occur in areas with available hosting capacity, NYSERDA recommends
municipalities consider the following:
• Hosting capacity maps should be analyzed alongside local zoning maps and other resources to help promote solar
energy in areas with higher development potential.
• Utility hosting capacity maps do not include high-voltage transmission lines and therefore may not be predictive of all
future solar energy development.
• Hosting capacity is subject to change based on factors like grid upgrades and should not be the sole factor shaping a
municipality’s planning around clean energy.
For assistance viewing or analyzing a hosting capacity map, please contact NYSERDA’s Clean Energy Siting Team at
[email protected].
Resources:
• NYS Department of Public Service: Hosting Capacity Maps and Useful Links
https://www3.dps.ny.gov/W/PSCWeb.nsf/All/6143542BD0775DEC85257FF10056479C

1.2.3 Involve Stakeholders in Process

Involving stakeholders in the development and implementation of solar energy regulations is crucial to build community
support for these mandatory regulations that will affect real change. Municipalities should identify key stakeholders and
ensure they are involved in regulation development. To learn more about facilitating meaningful community participation,
review the Public Engagement and Education section of NYSERDA’s Clean Energy and Your Comprehensive Plan (www.
nyserda.ny.gov/ComprehensivePlan).

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1.2.4 Choose the Right Regulatory Tool
Local governments have broad authority to adopt solar energy regulations using a variety of zoning techniques that meet
a community’s unique land-use needs and goals. The regulatory tools described below offer different mechanisms and
incentives to help municipalities create appropriate solar energy regulations given local circumstances. These include:
(a) Conventional Zoning
The Municipal Home Rule Law, NYS Village Law §
7-702, General City Law § 20(25), and Town Law § 262
empower local governments to adopt zoning regulations
that divide a municipality’s land into districts with
authorized land uses and building restrictions that limit
structure height, lot area coverage, and other building
dimensions within each district. Users can consult a
municipality’s zoning map to identify the district within
which any parcel of land is located. Conventional zoning
defines each type of permitted solar energy system
based on selected criteria, which may include system
type, location, physical size, and nameplate capacity.
The zoning law then allows each defined solar energy
system as a principal, accessory, secondary or special
use within certain zoning districts.
• Principal uses are permitted as-of-right in certain districts
• Accessory uses are subordinate, incidental to, and customarily found in connection with a principal use, and are
usually permitted as-of-right but may require additional review in certain districts.
• Conditional or special uses are principal in nature; permit approvals are conditioned upon compliance with specific
requirements to mitigate a system’s adverse impacts.
As discussed below, to further limit adverse impacts, site plan regulations may include provisions that require applicants
to submit a site plan showing the proposed system’s layout, arrangement, and design to help the municipality evaluate
a proposed system’s impacts. The Model Solar Energy Local Law uses a conventional zoning approach to regulate solar
energy systems.
A conventional zoning approach may be more familiar and more easily implemented by municipal board members and
staff in charge of adopting and enforcing local solar energy regulations. This approach allows municipalities to regulate
solar in a manner comparable to other types of development, rather than requiring them to proactively map out and limit
solar development to specific areas.
(b) Overlay Zones
Under their delegated power to enact zoning
regulations, municipalities may adopt overlay zoning.
Overlay zoning contains provisions that apply to
an overlay district, which is superimposed over the
existing zoning map to designate precise areas where
development may be permissible. Overlay provisions
apply in addition to or in lieu of underlying zoning
requirements, and often provide incentives and waivers
to encourage certain types and styles of development.
By creating a solar overlay zone, local governments are
tasked with defining specific areas where solar energy
systems would be appropriate within the community.
Because the underlying zoning district standards still
apply to projects in an overlay zone, this approach
may help minimize resistance from property owners
who have concerns about continuity with existing
zoning regulations.
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An overlay zoning approach may be preferred if the municipality wishes to define specific areas in which to allow solar
development that are not directly aligned with current zoning boundaries. Implementing a solar overlay approach may
require additional time and resources, as it requires the municipality to evaluate the entire community based on factors
of concern (such as proximity to electric infrastructure, topography, and soil qualities, etc.), identify where to locate
systems, and draw the boundaries of the overlay zone on the
existing zoning map.

Solar Overlay Zone Example: Town of Evans, NY

The Town of Evans utilizes an overlay zone approach as outlined in its 2019 “Solar Energy Systems Law of the Town of
Evans” (Solar Law). Under this approach, Type 2 solar energy systems (defined as a small-scale system not exceeding
110% of on-site electricity consumption) are permitted in all zoning districts, while Type 1 systems (large-scale systems
which are not sized in accordance with on-site residential or commercial consumption) are permitted only within the
Town’s Utility Scale Solar Overlay District.
Projects proposed within the Overlay District – which spans portions of the Town’s agricultural lands, open space, and
existing industrial zones – are required to comply with applicable regulations for Type 1 systems as established in the
Solar Law. These requirements include minimum lot size, maximum, yard, minimum setbacks, orientation, maximum
height, maximum energy generation, and other requirements.
Reference materials:
• Town of Evans’ Solar Energy Systems Law: https://locallaws.dos.ny.gov/sites/default/files/drop_laws_here/ECMMDIS_
appid_DOS20190726060025/Content/09021343802755b7.pdf
• Town of Evans’ Utility Scale Solar Overlay District: https://www.townofevans.org/docs/maps-and-drawings/2216-solar-
overlay-map-attachment-a-effective-february-3-2020/file.html
• Town of Evans’ Zoning Map: https://townofevans.org/docs/maps-and-drawings.html.

(c) Floating Zones

Under its zoning authority, a local government may amend its zoning code to include a “floating zone” which allows for solar energy
systems, but does not require an amendment to the zoning map until a project or area is identified for the application of this zone.
Though sometimes referred to as an overlay zone (the terms have been used interchangeably), a floating zone is distinct in that
it “floats” in the zoning code until the municipality amends its zoning map to affix the new district to an area that is appropriate for
solar development. The municipality can apply the zone upon a developer’s petition, the local legislature’s initiative, or a municipal
board’s recommendation. When a developer or landowner applies for the floating zoning to be affixed to their property, they must
demonstrate compliance with the floating zone’s conditions and performance objectives, which may include criteria to mitigate
project impacts. If approved, the floating zone is applied to the developer’s property on the zoning map, and the applicant may
proceed to any subsequent permitting or approval processes.
Like the overlay zone approach, floating zones offer some
flexibility in terms of identifying appropriate or preferred
areas for solar development.. Developers can apply for a
floating zone to be applied to any parcel they can show is
appropriate for solar development, which may open more
areas in the community to solar development. Because of
this, floating zones eliminate the municipality’s preliminary
burden of determining the most environmentally appropriate
areas for solar development. The municipality must only
identify appropriate solar project site criteria and standards for
inclusion in the floating zone. However, this approach does
introduce some uncertainty for developers who must invest
in and submit the preliminary application prior to knowing
that the floating zone will be applied to a proposed site, and
it creates a more elaborate, two-step review process for
applicants and local governments.

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Solar Overlay/Floating Zone Example: Town of Glenville, NY
In early 2021, the Town of Glenville amended its zoning law to include a “Solar Farm Overlay District.” In practice, the
law incorporates aspects of both an overlay and floating zone approach, whereby:
• Designated solar districts do not exist on the Town’s zoning map unless approved on a project-by-project basis;
• Applicants proposing a solar farm must seek a zoning change for the project parcel(s); if approved by the Town Board,
a new solar district is created and added to the zoning map;
• The applicant may then submit a site plan application for review by the Town’s Planning and Zoning Commission.
To be approved for a zoning change, an applicant’s preliminary-stage site plan must demonstrate compatibility with
surrounding uses, alignment with the Town’s Comprehensive Plan, avoidance of adverse visual impacts, and other
criteria. Once approved for a zoning change, the applicant’s submission to the Planning and Zoning Commission will
be reviewed for compliance with solar zone and underlying-district-specific standards (setbacks, lot size, etc.) and other
requirements established in the zoning law.
Reference materials:
• Town of Glenville’s law establishing a “Solar Farm Overlay District”: https://locallaws.dos.ny.gov/sites/default/files/
drop_laws_here/ECMMDIS_appid_DOS20210223060238/Content/09021343802e0f10.pdf.

(d) Site Plans

NYS Village Law § 7-725-a, General City Law § 27-a, and Town Law § 274-a authorize municipalities to adopt site plan
regulations that govern the development of individual parcels of land through site-specific design and infrastructure
standards. Site plan regulations supplement the zoning code’s use and dimensional standards and authorize local boards
to review a proposed project’s site design and features to determine potential impacts to the site and neighboring parcels.
Solar energy system regulations can require applicants to submit a site plan showing the proposed system’s layout,
arrangement, and design so the municipality can evaluate system impacts. The Model Solar Energy Local Law requires site
plans only for projects of certain types and sizes, while ensuring that projects which are unlikely to have significant land
use impacts (e.g. rooftop or building-integrated solar) are not subject to onerous permitting requirements.

Commentary: Site Planning for Solar Development Versus Conventional Development

Ground-mounted solar arrays differ from conventional development projects in the following ways:
1. Large-scale solar arrays are a passive principal use with minimal regular activity and disturbance.
2. The amount of land occupied by a solar array may significantly vary project-to-project, from less than an acre
to hundreds of acres.
3. The accelerated construction timeframe for solar developments can disturb soils and vegetation and contribute
to stormwater runoff.
4. Solar arrays are installed above ground on metal racking systems, often utilizing simple steel piles or ground screws.
The bulk of the system is not fixed to the ground and has a minimal footprint, unlike traditional development which
has a large, fixed footprint.
5. Solar arrays require vehicular paths, and must account for the movement of vehicles across the natural
ground surface.
6. Solar arrays have on-site utility lines and electrical interconnection equipment.
7. Solar arrays require fencing at a large scale.
8. The lifespan of solar panels requires the consideration of system decommissioning and site restoration after
a 25- to 30-year term.

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 (e) Incentive Zoning
Incentive zoning allows developers to build at greater development densities than permitted under existing zoning
in exchange for providing one or more community benefits, such as off-site infrastructure, open space or parks,
agrivoltaics, or some other physical, social, or cultural amenity. Incentive zoning is authorized by and must comply
with the requirements of Village Law § 7-703, General City Law § 81-d, and Town Law § 261-b, whereby incentives may
allow adjustments to zoning requirements for lot coverage, setbacks, or other considerations. The resulting increase
in development density may help provide community benefits (e.g. electric bill savings through a community solar
subscription), and can mitigate land use impacts by reducing a project’s physical footprint.
If it is not feasible for the development to provide a direct community benefit, the incentive zoning system may allow
developers to make cash payments to a municipal trust fund to provide specified benefits elsewhere. It is important to note
that local zoning regulations are not to include a mandate for payment as a prerequisite for a zoning approval; frequently,
however, solar project developers may be willing to provide payments to the municipality as part of a local benefit
package, sometimes referred to as a Host Community Agreement.

1.2.5 Streamline the Project Review Process

Local land use review and approval systems typically involve several local agencies that undertake complicated,
uncoordinated, single-issue reviews of a proposed project. It is not uncommon for applicants to have difficulty navigating
this complex process, which can result in costly delays. Municipalities can streamline the land use approval system through
techniques that simplify, consolidate, clarify, and automate the process. Localities can simplify application requirements,
coordinate board reviews, engage the public early in the review process through pre-application meetings, and allow
administrative approvals when appropriate. Local staff can improve efficiencies by coordinating with the local utility and
state agency staff who will issue any permits required for local approvals. Municipalities can also clarify the process for
applicants by creating clear guidelines, developing a road map for them, revising application materials, ensuring transparency
throughout the process, and proactively educating the public about the process. Online permitting helps automate the
process, and preapplication meetings help get all parties on the same page early in the process, avoiding conflict and
confusion later.

1.2.6 Complete a Generic Environmental Impact Statement on the Land use Regulation
Solar energy system regulations must undergo SEQRA review, as do any subsequent solar energy projects approved
under those regulations (projects approved under a state-level siting process are subject to a comprehensive alternative
review process). To reduce the need for in-depth SEQRA reviews for future projects, the municipality can prepare a Generic
Environmental Impact Statement (GEIS) for the solar energy regulation. Authorized by 6 N.Y.C.R.R. § 617.10, a GEIS identifies
environmental conditions and develops standards and review thresholds to ensure that future development is compatible
with or protective of those conditions. When a final GEIS has been filed, no further SEQRA compliance is required if a
subsequent proposed project will conform with the GEIS’s established conditions and thresholds. However, a supplement
to the final GEIS must be prepared if the final GEIS did not adequately address the subsequent proposed project and that
project may have one or more significant adverse environmental impacts. Additionally, the Part 617 regulations authorize
a municipality to charge a portion of its GEIS preparation costs to developers of later projects as they submit permit
applications, a highly cost-effective approach.

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1.3 Additional Resources
Planning & Land Use Regulation Resources
NYS Department of State Division of Local Government Services
https://dos.ny.gov/publications?f%5B0%5D=filter_term%3A1716
Local Laws Search
NYS Department of State Division of Local Government Services
https://locallaws.dos.ny.gov
Training and Assistance
NYS Department of State Division of Local Government Services
https://dos.ny.gov/training-assistance
Planning and Zoning Training Series
New York Planning Federation
https://nypf.org/services
Property Topics and Concepts
American Planning Association Planning and Law Division
https://www.planning.org/divisions/planningandlaw/propertytopics.htm#Floating
Are You Solar Ready?
American Planning Association
https://www.planning.org/planning/2020/mar/are-you-solar-ready
Planning Implementation Tools: Overlay Zoning
University of Wisconsin-Stevens Point, Center for Land Use Education
https://www.uwsp.edu/cnr-ap/clue/documents/planimplementation/overlay_zoning.pdf

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2. Model Solar Energy Local Law
The Model Solar Energy Local Law can be found on the following page and at www.nyserda.ny.gov/SolarGuidebook, under
the Model Solar Energy Local Law tab. A workable version of this document can also be found online at the above website. It
is not recommended for municipalities to use the Model Solar Energy Local Law ‘as is’; rather, it was created as a resource for
advising local governments when adopting solar energy local laws.
a. This Model Solar Energy Local Law (Model Law) is not intended for adoption exactly as it is written. It is intended to be
advisory only, and users should not rely upon it as legal advice. A municipality is not required to adopt this Model Law.
Municipal officials are urged to seek legal advice from their attorneys before enacting a solar energy law. Municipalities
must carefully consider how the Model Law language may be modified to suit local conditions, their comprehensive plan,
and existing zoning and land use regulations and zoning provisions.
b. The sole siting authority for solar projects under 20 megawatts (MW) resides at the local level rather than the state level;
siting authority for solar projects between 20-25 MW may be subject to decision by the applicant. One purpose of this
Model Law is to inform and facilitate local efforts to expand solar energy generation in a sustainable way. This Model
Law regulates the installation, operation, maintenance, and decommissioning of solar energy systems. The Model Law is
intended to be an “all-inclusive” ordinance that facilitates a thorough review of all aspects of solar energy systems under
typical zoning and land use regulations, including the State Environmental Quality Review Act. As they review this Model
Law, municipalities are encouraged to examine their local laws and regulations and the types, size and number of solar
energy projects proposed. Local governments should adopt a local law that regulates solar energy development in a way
that makes the most sense for each municipality, removing, modifying, or adding provisions as appropriate.
c. In some cases, there may be multiple approaches to regulating solar energy systems based on certain criteria or local
preferences. Throughout the Model Law text, “[OR]” has been selectively placed to indicate considerations for which a
municipality should evaluate multiple approaches, before selecting a preferred strategy. Municipalities should choose the
options which work best for their communities, in consultation with appropriate municipal officials and staff. The content
provided in brackets and highlighted may be customizable or optional; depending on local circumstances, a municipality
may want to include this content or choose to adopt a different standard.
d. Other zoning code definitions, uses, and regulations should be reviewed to identify any conflict with the provisions of this
Model Law. For example, municipalities should amend any zoning provision that prevents an accessory use from existing
on an accessory structure, which the Model Law allows. If a municipality’s zoning code defines or limits the use of the term
“subordinate,” in a way that conflicts with the Model Law’s definitions, the municipality should amend the Model Law to state
that it preempts the more restrictive definition. Some local zoning laws prohibit accessory structures on other accessory
uses, which this Model Law allows. One solution to this and the other conflicts noted here is to amend the zoning definition
for solar accessory uses to clarify that they are allowed despite restrictive definitions of “subordinate” or the prohibition of
accessory uses to accessory buildings.

1. Authority
This Solar Energy Local Law is adopted pursuant to [Select one: sections 261-263 of the Town Law / sections 7-700 through
7-704 of the Village Law / sections 19 and 20 of the City Law and section 20 of the Municipal Home Rule Law] of the State of
New York, which authorize the [Village/Town/City] to adopt zoning provisions that advance and protect the health, safety and
welfare of the community, and, in accordance with the [Village/Town/City] law of New York State, “to make provision for, so far as
conditions may permit, the accommodation of Solar Energy Systems and equipment and access to sunlight necessary therefor.”

Commentary: Municipalities are specifically authorized to adopt legislation to accommodate Solar Energy Systems and
equipment. The Model Law Authority Section references this delegated authority. The municipal attorney should be
consulted regarding this Section as well as the Model Solar Energy Law in its totality.

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2. Statement of Purpose
This Solar Energy Local Law is adopted to advance and protect the public health, safety, and welfare of [Village/Town/City] by
creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives:
1. To take advantage of a safe, abundant, renewable and non-polluting energy resource;
2. To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;
3. To increase employment and business development in the [Village/Town/City], to the extent reasonably practical, by
furthering the installation of Solar Energy Systems;
4. To mitigate the impacts of Solar Energy Systems on environmental resources such as important agricultural lands, forests,
wildlife and other protected resources; and
5. To create synergy between solar and [other stated goals of the community pursuant to its Comprehensive Plan; may
include urban/downtown revitalization, vacant land management, creating a walkable, healthy community, etc.].

3. Definitions
ACTIVE AGRICULTURAL LAND: Land used for a Farm Operation in accordance with Agriculture and Markets Law § 301 –
uses of which include production of crops, livestock, and livestock products – within the past five years.
BATTERY ENERGY STORAGE SYSTEM: One or more devices, assembled together, capable of storing energy in order to
supply electrical energy at a future time (not to include a stand-alone 12-volt car battery or an electric motor vehicle).
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM: A combination of Solar Panels and Solar Energy Equipment integrated
into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading
over windows, which produce electricity for onsite consumption.
FACILITY AREA: The cumulative land area occupied during the commercial operation of the solar energy generating facility.
This shall include all areas and equipment within the facility’s perimeter boundary – including the solar energy system, onsite
interconnection equipment, onsite electrical energy storage equipment, and any other associated equipment – as well as
any site improvements beyond the facility’s perimeter boundary such as access roads, permanent parking areas, or other
permanent improvements. The facility area shall not include site improvements established for impact mitigation purposes,
including but not limited to vegetative buffers and landscaping features.
FARM OPERATION: Land and on-farm buildings, equipment, facilities, and practices which contribute to the production,
preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise (in accordance with
Agriculture & Markets Law § 301[11]).
GLARE: The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause
annoyance, discomfort, or loss in visual performance and visibility in any material respects.
GROUND-MOUNTED SOLAR ENERGY SYSTEM: A Solar Energy System which is secured to the ground via a pole, ballast
system, or other mounting system; is detached from any other structure; and which generates electricity for onsite or
offsite consumption.
KILOWATT (kW): A unit of power equal to 1,000 watts. The nameplate capacity of residential and commercial solar energy
systems may be described in terms of kW.
MEGAWATT (MW): A unit of power equal to 1,000 kW. The nameplate capacity of larger solar energy systems may be
described in terms of MW.
MINERAL SOIL GROUPS 1-4 (MSG 1-4): Soils recognized by the New York State (NYS) Department of Agriculture and
Markets as having the highest value based on soil productivity and capability, in accordance with the uniform statewide land
classification system developed for the NYS Agricultural Assessment Program.
NAMEPLATE CAPACITY: A solar energy system’s maximum electric power output under optimal operating conditions.
Nameplate Capacity may be expressed in terms of Alternating Current (AC) or Direct Current (DC).
NATIVE PERENNIAL VEGETATION: Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory
way stations for Pollinators and shall not include any prohibited or regulated invasive species as determined by the NYS
Department of Environmental Conservation.

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ON-FARM SOLAR ENERGY SYSTEM: A Solar Energy System located on a farm which is a “farm operation” (as defined by
Article 25-AA of the Agriculture and Markets Law, which may include one or multiple contiguous or non-contiguous parcels)
in an agricultural district, which is designed, installed, and operated so that the anticipated annual total amounts of electrical
energy generated do not exceed more than 110 percent of the anticipated annual total electrical energy consumed by the
farm operation.
POLLINATOR: Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and
managed insects.
ROOF-MOUNTED SOLAR ENERGY SYSTEM: A Solar Energy System located on the roof of any legally permitted building or
structure that produces electricity for onsite or offsite consumption.

Commentary: This Model Law does not include a specific definition for Solar Energy Systems raised on canopy mounting,
such as a solar parking canopy. Canopy-mounted configurations are included within the definition of Roof-Mounted Solar
Energy Systems or Ground-Mounted Solar Energy Systems, depending on canopy location. Canopy-mounted systems
installed on the roof of a structure are treated as Roof-Mounted Solar Energy Systems. Elevated systems not mounted on
a roof are treated as Ground-Mounted Solar Energy Systems. If a municipality anticipates requiring special consideration
for solar canopy systems, it could add to the Model Law specific provisions addressing these concerns or use a waiver for
certain standards that may conflict with canopy-mounted systems, like height limitations.

SOLAR ACCESS: Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive
Solar Energy Systems on individual properties.
SOLAR ENERGY EQUIPMENT: Electrical material, hardware, inverters, conduit, energy storage devices, or other electrical
and photovoltaic equipment associated with the production and storage of electricity.

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SOLAR ENERGY SYSTEM: The components and subsystems required to convert solar energy into electric energy suitable
for use. The term includes, but is not limited to, Solar Panels and Solar Energy Equipment. A Solar Energy System is classified
as a Tier 1, Tier 2, Tier 3, or Tier 4 Solar Energy System as follows.
A. Tier 1 Solar Energy Systems include the following:
1. Roof-Mounted Solar Energy Systems.
2. Building-Integrated Solar Energy Systems.
3. Ground-Mounted Solar Energy Systems with a Nameplate Capacity of up to [25] kW AC.
[OR]
Ground-Mounted Solar Energy Systems with a total solar panel surface area of up to [4,000] square feet.
4. On-Farm Solar Energy Systems
B. Tier 2 Solar Energy Systems include the following:
1. Ground-Mounted Solar Energy Systems not included under Tier 1 Solar Energy Systems with a Nameplate Capacity
of up to [1] MW AC and which generate no more than [110]% of the electricity consumed on the site over the previous
[12] months.
[OR]
Ground-Mounted Solar Energy Systems not included under Tier 1 Solar Energy Systems with a Facility Area of up to [8]
acres in size and which generate up to [110] % of the electricity consumed on the site over the previous [12] months.
C. Tier 3 Solar Energy Systems include the following:
1. Ground-Mounted Solar Energy Systems not included under Tier 1 or Tier 2 Solar Energy Systems with a Nameplate
Capacity of up to [5] MW AC.
[OR]
Ground-Mounted Solar Energy Systems not included under Tier 1 or Tier 2 Solar Energy Systems with a Facility Area of
up to [40] acres in size.
D. Tier 4 Solar Energy Systems are Solar Energy Systems which are not included under Tier 1, Tier 2, or Tier 3 Solar
Energy Systems.
SOLAR PANEL: A photovoltaic device capable of collecting and converting solar energy into electricity.

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Commentary: It is imperative that municipalities consider the practical land use impacts of different solar project
types when establishing definitions and thresholds for Solar Energy System tiers. Where indicated in the Solar Energy
Systems definition, municipalities shall elect to establish thresholds based on a systems’ Nameplate Capacity (using
kW and MW) OR its physical footprint (using square feet or acres), and should be consistent in this choice throughout.
These definitions will be critical to the workability of the remaining sections of any solar regulation.
As defined above, NYSERDA’s Model Solar Energy Local Law utilizes four tiers:
Tier 1 Solar Energy Systems include all Roof-Mounted and Building-Integrated Solar Energy Systems; Ground-
Mounted Solar Energy Systems with a Namplate Capacity up to 25 kW AC, or with a total Solar Panel surface area of
up to 4,000 square feet; and On-Farm Solar Energy Systems designed to support an existing agricultural operation in
the community. Permitted in all zoning districts, Tier 1 Solar Energy Systems comprise those which are likely to cause
the least concern from a zoning and land use perspective. These systems will primarily support residences and small
commercial operations, or may directly support agricultural operations.
Roof-Mounted and Building-Integrated Solar Energy Systems do not pose any land use or stormwater runoff impacts; as
such, their inclusion under Tier 1 offers a streamlined permitting process while still ensuring adequate review and code
compliance through a building permit requirement.
For Ground-Mounted Systems, the 25 kW AC Nameplate Capacity limit aligns with the Unified Solar Permit criteria;
derived from the 25 kW cutoff for residential solar net metering as established by the NYS Public Service Commission
(PSC). The 4,000 square foot size limit corresponds to the SEQRA Type 2 action threshold for certain accessory
structures which do not require zoning changes or use variances.
Finally, On-Farm Solar Energy Systems are included under Tier 1 because, in accordance with NYS Agriculture and
Markets Law Chapter 69, Article 25-AA Section 305-a and related guidance, these systems cannot be subject to
unreasonably restrictive requirements such as site plan review, special use permits, or non-conforming use requirements.
See Guidelines for Review of Local Laws Affecting Small Wind Energy Production Facilities and Solar Devices, available at
https://agriculture.ny.gov/system/files/documents/2019/11/guidelines_for_solar_and_small_wind_energy_facilities.pdf.
Tier 2 Solar Energy Systems include Ground-Mounted Solar Energy Systems larger than 25 kW that primarily use
the electricity generated from the system on-site. Tier 2 Ground-Mounted Solar Energy Systems have a Nameplate
Capacity of up to 1 MW AC or a Facility Area of up to 8 acres, and generate no more than 110% of the electricity
consumed on-site over the previous 12 months.
A municipality may elect to define Tier 2 Solar Energy Systems according to their physical size using measurements
akin to those found in the zoning ordinance’s bulk and area requirements (measured in acres, square feet etc.), or based
on system Nameplate Capacity. Because Tier 2 Solar Energy Systems are tied to existing development as accessory
structures subordinate to the principal use on-site, these systems have smaller impacts and require less oversight.
Tier 3 Solar Energy Systems are larger principal uses with greater impacts that require more oversight. Tier 3 systems
are those not included in Tier 1 or Tier 2 Solar Energy Systems that have a Nameplate Capacity of up to 5 MW AC or a
Facility Area of up to 40 acres in size, depending on the threshold type selected by the municipality.
The 5 MW cutoff derives from the NYS Standardized Interconnection Requirements (SIR) as established by the NYS PSC.
Because solar energy systems typically occupy 5-8 acres per megawatt, a 40-acre cutoff utilizes a conservative estimate
of the land needed for a 5 MW project, while allowing for some flexibility in terms of planning and project design.
Tier 4 Solar Energy Systems are large-scale systems that are not included under Tier 1, Tier 2, or Tier 3 Solar
Energy Systems.
Tier 4 Solar Energy Systems include all projects subject to the state-level siting process administered by the Office of
Renewable Energy Siting (ORES); this extends to all new solar projects with a Nameplate Capacity of 25 MW or greater,
as well as new solar projects between 20-25 MW which elect to seek a permit through ORES.

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4. Applicability
A. The requirements of this Local Law shall apply to all Solar Energy Systems permitted, installed, or modified in
[Village/Town/City] after the effective date of this Local Law, excluding general maintenance and repair.
B. Solar Energy Systems constructed or installed prior to the effective date of this Local Law shall not be required to meet the
requirements of this Local Law.
C. Modifications to an existing Solar Energy System that increase the Facility Area by more than [5] % of the original Facility
Area (exclusive of moving any fencing) shall be subject to this Local Law.

Commentary: The Applicability Section establishes the effective date for implementation of the law. In addition, it
carves out an exemption for maintenance, repair of systems, and modifications to existing Solar Energy Systems with an
increase in Facility Area less than 5% of the original Facility Area (exclusive of moving any fencing).

5. General Requirements
A. A Building permit shall be required for installation of all Solar Energy Systems.
B. Prior to the issuance of the building permit or final approval by the [Reviewing Board], construction and/or site plan
documents must be signed and stamped by a NYS Licensed Professional Engineer or NYS Registered Architect.
C. Local land use boards are encouraged to condition their approval of proposed developments on sites adjacent to Solar
Energy Systems so as to protect their access to sufficient sunlight to remain economically feasible over time.
D. Issuance of permits and approvals by the [Reviewing Board] shall include review pursuant to the State Environmental
Quality Review Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 (“SEQRA”)].

Commentary: The Solar Guidebook provides an overview of the SEQRA process and instructions for solar energy
projects. Access the Solar Guidebook at www.nyserda.ny.gov/SolarGuidebook.

E. All Solar Energy Systems shall be designed, erected, and installed in accordance with all applicable codes, regulations,
and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code (“Uniform Code”), the NYS
Energy Conservation Code (“Energy Code”), and the [Village/Town/City] Code.
F. For Solar Energy Systems subject to site plan review, the [Village/Town/City] shall impose, and may update as appropriate,
a schedule of fees to recover expenses associated with engineering, environmental, or legal services determined to be
reasonably necessary in the processing of an application under this law.

6. Permitting Requirements for Tier 1 Solar Energy Systems

All Tier 1 Solar Energy Systems shall be permitted in all zoning districts and shall be exempt from site plan review under the
local zoning code or other land use regulation, subject to the following conditions for each type of Solar Energy Systems:
A. Roof-Mounted Solar Energy Systems.
1. Roof-Mounted Solar Energy Systems shall incorporate, when feasible, the following design requirements (exceptions may
be approved by the [Code Enforcement Official]):
a. Solar Panels on pitched roofs shall be mounted with a maximum distance of [8] inches between the roof
surface the highest edge of the system.
b. Solar Panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted
or attached.
c. Solar Panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are
mounted or attached.
d. Solar Panels on flat roofs shall not extend above the top of the surrounding parapet, or more than [24] inches above
the flat surface of the roof, whichever is higher.
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 2. Glare. All Solar Panels shall have anti-reflective coating(s).
3. Height. All Roof-Mounted Solar Energy Systems shall comply with the height limitations in Appendix 3.
[OR]
All Roof-Mounted Solar Energy Systems shall be subject to the maximum height regulations specified for principal and
accessory buildings within the underlying zoning district.
B. Building-Integrated Solar Energy Systems
1. Building-Integrated Solar Energy Systems shall be shown on the plans submitted for the building permit application for
the building containing the system.
C. Ground-Mounted Solar Energy Systems
1. Glare. All Solar Panels shall have anti-reflective coating(s).
2. Setbacks. Tier 1 Solar Energy Systems shall be subject to the setback regulations specified for the accessory structures
within the underlying zoning district. All Ground-Mounted Solar Energy Systems shall only be installed in the side or rear
yards in residential districts.
3. Height. Tier 1 Solar Energy Systems shall be subject to the height limitations specified for accessory structures within the
underlying zoning district.
[OR]
Tier 1 Solar Energy Systems shall comply with the height limitations in Appendix 3.
4. Lot Size. Tier 1 Solar Energy Systems shall comply with the existing lot size requirement specified for accessory
structures within the underlying zoning district.
5.Lot coverage. Tier 1 Solar Energy Systems are exempt from the lot coverage requirements in the underlying zoning district.
6. Screening and Visibility.
a. All Tier 1 Solar Energy Systems shall have views minimized from adjacent properties to the extent
reasonably practicable.
b. Solar Energy Equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from
surrounding properties and shading of property to the north, while still providing adequate Solar Access.

7. Permitting Requirements for Tier 2 Solar Energy Systems

All Tier 2 Ground-Mounted Solar Energy Systems shall be permitted in all zoning districts as accessory structures and shall
be subject to site plan approval. Tier 2 Solar Energy Systems shall adhere to the standards and requirements established for
Tier 1 Ground-Mounted Systems in Section [6(C)], in addition to (or in some cases amended by) the following requirements:
A. Application & Site Plan Review Requirements. Applications for Tier 2 Solar Energy Systems, including materials for site plan
review, shall include the following:
1. Name, address, and contact information of proposed or potential system installer and the owner and/or operator of
the Solar Energy System. Such information of the final system installer shall be submitted prior to the issuance of building
permit.
2. Name, address, contact information, and signature of the project applicant, as well as all the property owners,
demonstrating their consent to the application and the use of the property for the Solar Energy System.
3. Nameplate Capacity of the Solar Energy System (as expressed in kW or MW).
4. Zoning district designation for the parcel(s) of land comprising the Facility Area.
5. Property lines and physical features, including roads, for the project site.
6. Adjacent land uses on contiguous parcels within a certain radius of the site boundary.
7. Proposed changes to the landscape of the site, including site grading, vegetation clearing and planting, the removal of any
large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.

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 8. A one- or three-line electrical diagram detailing the entire Solar Energy System layout, including the number of
Solar Panels in each ground-mount array, solar collector installation, associated components, inverters, electrical
interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current
devices. The diagram should describe the location and layout of all Battery Energy Storage System components if
applicable and should include applicable setback and other bulk and area standards.
9. A preliminary equipment specification sheet that documents all proposed Solar Panels, system components, mounting
systems, racking system details, and inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
B. Standards. Tier 2 Systems shall adhere to the following standards.
1. Lot coverage. Tier 2 Solar Energy Systems are exempt from the lot coverage requirements in the underlying zoning district.
2. Screening/Visibility. Tier 2 Solar Energy Systems shall have views minimized from adjacent properties to the extent
reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will
harmonize with the character of the property and surrounding area.
3. Environmental Resources
a. Tree-cutting. Removal of existing trees larger than [6] inches in diameter should be minimized to the extent possible.
b. To the extent practicable, Tier 2 Solar Energy System Owners shall utilize and maintain native perennial vegetation to
provide foraging habitat for pollinators in all appropriate areas within the Facility Area.
c. Use integrated pest management practices to refrain from/limit pesticide use (including herbicides) for long-term
operation and site maintenance.

Commentary: The previous Sections regulate Tier 1 and Tier 2 Ground-Mounted Solar Energy Systems. Tier 1 Ground-
Mounted Solar Energy Systems are relatively smaller in physical size compared to Tier 2 Ground-Mounted Solar Energy
Systems. Tier 2 Ground-Mounted Solar Energy Systems produce electricity primarily for onsite consumption. Tier 1 and
Tier 2 Ground-Mounted Solar Energy Systems are permitted as accessory structures in all zoning districts deemed
appropriate by the local jurisdiction and do not require site plan review. Tier 1 and Tier 2 Ground-Mounted Solar
Energy Systems are standalone structures and generate different concerns than roof-mounted installations. Because
these system sizes are not limited to a structure’s available roof space, it is important to think about the size of the lot
in relation to the allowable system size, after accounting for setbacks. The Model Law requires all Tier 1 and Tier 2
Ground-Mounted Solar Energy Systems to be subject to the setback requirements of the underlying zoning district.
The Model Law provides two options to regulate the height of Tier 1 and Tier 2 Ground-Mounted Solar Energy Systems.
One way is to limit the height of Ground-Mounted Solar Energy Systems to the requirements in the underlying zoning
district. Each municipality must adopt appropriate height restrictions based on local need. Alternatively, municipalities
can specify a set of new height standards, as shown in Appendix 3. All height measurements should be calculated
when the Solar Energy System is oriented at maximum tilt.
This Model Law includes specific screening and visibility standards for Tier 1 and Tier 2 Ground-Mounted Solar Energy
Systems while limiting the enforcement to “the extent reasonably practicable” to avoid overly burdensome standards.

8. Permitting Requirements for Tier 3 Solar Energy Systems

All Tier 3 Solar Energy Systems are permitted through the issuance of a [special use permit] within the [XXXXXXXXXXXXX,
XXXXXXXXXX, XXXXXXXXXX] zoning districts, and subject to site plan application requirements set forth in this Section.
A. Applications for the installation of Tier 3 Solar Energy System shall be:
1. Reviewed by the [Code Enforcement/Zoning Enforcement Officer/Reviewing Board] for completeness. Applicants shall
be advised within [30] days of the completeness of their application or any deficiencies that must be addressed prior to
substantive review.

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 Commentary: Municipalities are encouraged to consider and establish a reasonable period for determining the
completeness of a Solar Energy System permit application, which may be shaped by factors including:
• Availability and capacity of the Reviewing Board and/or municipal officials tasked with reviewing applications.
• Cadence of Reviewing Board meetings; if meetings are held monthly, a 30-day review period may be necessary to
allow the Board to issue a completeness determination.
• Supplemental review and support services provided by a consultant or third-party.

2. Subject to a public hearing to hear all comments for and against the application. This hearing shall be in compliance with
all existing public hearing requirements established under law by the [Village/Town/City].

Commentary: State law requires a public hearing and decision on special use permits but does not require notice
to neighbors unless mandated under local law. If not already required by local law, localities may elect to require the
following notice for proposed Tier 3 Solar Energy Systems to ensure adequate notice to adjoining landowners by
adding the following provision:
“In addition to existing public notice requirements under local law, Applicants shall deliver notice by first class mail to
adjoining landowners or landowners within [200] feet of the property at least [10] days prior to such a hearing. Proof of
mailing shall be provided to the [Reviewing Board] at the public hearing.”

3. Referred to the [County Planning Department] pursuant to General Municipal Law § 239-m if required.
4. Upon closing of the public hearing, the [Reviewing Board] shall take action on the application within 60-days of the
public hearing, which can include approval, approval with conditions, or denial. The 60-day period may be extended
upon consent by both the [Reviewing Board] and applicant.
B. Application & Site Plan Review Requirements. Applications for Tier 3 Solar Energy Systems, including materials for site plan
review, shall include the following:
1. Name, address, and contact information of proposed or potential system installer and the owner and/or operator of
the Solar Energy System. Such information of the final system installer shall be submitted prior to the issuance of building
permit.
2. Name, address, contact information, and signature of the project applicant, as well as all the property owners,
demonstrating their consent to the application and the use of the property for the Solar Energy System.
3. Nameplate Capacity of the Solar Energy System (as expressed in MW).
4. Zoning district designation for the parcel(s) of land comprising the Facility Area.
5. Property lines and physical features, including roads, for the project site.
6. M
 ap(s) of MSG 1-4 soils and Active Agriculture Lands on the parcel(s) comprising the Facility Area and adjacent parcels.
7. Adjacent land uses on contiguous parcels within a certain radius of the site boundary.
8. P
 roposed changes to the landscape of the site, including site grading, vegetation clearing and planting, the removal of any
large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.
9. Erosion and sediment control and storm water management plans prepared to NYS Department of Environmental
Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
10. A one- or three-line electrical diagram detailing the entire Solar Energy System layout, including the number of
Solar Panels in each ground-mount array, solar collector installation, associated components, inverters, electrical
interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current
devices. The diagram should describe the location and layout of all Battery Energy Storage System components if
applicable and should include applicable setback and other bulk and area standards.

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11. A preliminary equipment specification sheet that documents all proposed Solar Panels, system components, mounting
systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be
submitted prior to the issuance of building permit.
12. A Property Operation and Maintenance Plan that describes continuing site maintenance, anticipated dual-use, and
property upkeep, such as mowing and trimming.

Commentary: In addition to long-term maintenance, the Operation and Maintenance Plan should present plans for
dual-use on the site, including the crops that will be produced and a project-specific strategic grazing management
plan of 3-to-7-year duration for the class(es) of livestock intended for the solar project. The grazing management plan
should address herd size, forage availability, time of year, acreage to be grazed, weather conditions, and producer
requirements. The Operation and Maintenance Plan should also place restrictions on the use of fertilizer or herbicide
for long-term operation and site maintenance and should provide for scheduled upkeep of screening vegetation
planted as part of the screening and visual impact mitigation plan.

13. A Decommissioning Plan [see Appendix 4] signed by the owner and/or operator of the Solar Energy System shall be
submitted by the applicant. The decommissioning plan shall address the following:
a. The time required to decommission and remove the Solar Energy System and any ancillary structures.
b. The time required to repair any damage caused to the property by the installation and removal of the
Solar Energy System.
c. The cost of decommissioning and removing the Solar Energy System, as well as all necessary site remediation
or restoration.
d. The provision of a decommissioning security which shall adhere to the following requirements:
1.The deposit, executions, or filing with the [Village/Town/City] Clerk of cash, bond, or other form of security
reasonably acceptable to the [Village/Town/City] attorney and/or engineer, shall be in an amount sufficient to
ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to
provide for the removal and restorations of the site subsequent to removal.
The amount of the bond or security shall be [115]% of the cost of removal and site restoration for the Tier 3 Solar
Energy System, and shall be revisited every [5] years and updated as needed to reflect any changes (due to
inflation or other cost changes). The decommissioning amount shall be reduced by the amount of the estimated
salvage value of the Solar Energy System.
2. In the event of default upon performance of such conditions, after proper notice and expiration of any cure
periods, the cash deposit, bond, or security shall be forfeited to the [Village/Town/City], which shall be entitled
to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until
restoration of the property as set forth in the decommissioning plan is completed.

Commentary: Decommissioning is the process of removing an abandoned Solar Energy System and remediating
the land. When describing requirements for decommissioning Solar Energy Systems, it is possible to specifically
require the removal of infrastructure, disposal of any components, and the stabilization and re-vegetation of the site. A
decommissioning plan is required for Tier 3 Solar Energy Systems.
It is important to note that despite many municipalities’ choice to require a financial mechanism for decommissioning,
there is no specific authority to do so as part of a land use approval for solar PV projects. Therefore, a municipality
should consult the municipal attorney when evaluating financial mechanisms.
For additional resources, please refer to NYSERDA’s Fact Sheet on Decommissioning Solar Panel Systems, available at
nyserda.ny.gov/SolarGuidebook.

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 Commentary: It is important for municipalities to consider consolidating application reviews and approvals for Solar
Energy Systems in one board. In some communities, the local zoning law may allocate responsibilities for special use
permits and site plan approvals to different boards. Moving the application back and forth between two boards can add
months and unnecessary costs to the Solar Energy System.
To avoid this, the community should determine which board should be primarily responsible for Solar Energy System
approvals and consolidate special use permit and site plan approval thereby adding the following language to the
Model Law: “All site plan and special use permit approvals for Solar Energy Systems shall be the responsibility of the
Reviewing Board in order to avoid delays in the review of Solar Energy System applications.”
Including specific requirements for site plan approval ensures that potential problems are addressed in the initial stages
of the project. Municipalities can modify the list of required information to meet local needs as appropriate.

C. Special Use Permit Standards. [Reviewing Board] may issue a special use permit for a Tier 3 Solar Energy System only after
it has found that all the following standards and conditions have been satisfied:

Commentary: Municipalities may elect to include waiver provisions that provide flexibility for the Reviewing Board, in
its discretion, to waive certain requirements for Solar Energy Systems which: (1) are harmonious with existing land uses
where proposed, and/or (2) based on system size or other considerations, need not adhere to the law’s special use
permit and site plan regulations. In some cases, the waiver may be partial, allowing the Reviewing Board to require
a proposed Solar Energy System to comply with individual requirements in the law or to remove certain special use
permit standards, such as required fencing, for smaller projects or other situations where the community deems these
standards unnecessary.

1. Underground Requirements. All utility lines located outside of the Facility Area shall be placed underground to the extent
feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company
right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and
right-of-way.
2. Vehicular Paths. Vehicular paths within the Facility Area shall be designed in compliance with Uniform Code
requirements to ensure emergency access, while minimizing the extent of impervious materials and soil compaction.
3. Signage.
a. No signage or graphic content shall be displayed on the Solar Energy Systems except the manufacturer’s name,
equipment specification information, safety information, and 24-hour emergency contact information. Said information
shall be depicted within an area no more than [8] square feet.
b. As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly
displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base
of all pad-mounted transformers and substations.
4. Glare. All Solar Panels shall have anti-reflective coating(s).
5. Lighting. Lighting of the Solar Energy Systems shall be limited to that minimally required for safety and operational
purposes and shall be reasonably shielded and downcast from abutting properties.
6. Multiple lots. At the discretion of the [Reviewing Board], where a Tier 3 Solar Energy System’s Facility Area comprises
multiple lots (regardless of ownership by an individual or multiple participating landowners), the combined lots may
be treated a single lot for the purposes of applying specific standards and requirements, including but not limited to
[lot size, setback] requirements.

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Commentary: Tier 3 and Tier 4 Solar Energy Systems may include multiple lots within the Facility Area. To avoid
project fragmentation, and to encourage responsible project density, the Reviewing Board may elect to treat adjacent
participating lots as a single lot when applying select bulk and area standards, such as setbacks or lot size requirements.
This approach may help minimize visual and cumulative land-use impacts by consolidating a project’s footprint,
minimizing project fragmentation throughout the community, and preventing accidental marginalization of lands in
the Facility Area.

7. Lot size. The property on which the Tier 3 Solar Energy System is placed shall meet the lot size requirements of the
underlying zoning district.
[OR]
The property on which the Tier 3 Solar Energy System is placed shall meet the lot size requirements in Appendix 1.
8. Setbacks. The Tier 3 Solar Energy Systems shall comply with the setback requirements of the underlying zoning district
for principal structures. Fencing, collection lines, access roads and landscaping may occur within the setback.
[OR]
The Tier 3 Solar Energy Systems shall meet the parcel line setback requirements in Appendix 2, Table 2.1. Fencing,
collection lines, access roads and landscaping may occur within the setback.
9. Height. The Tier 3 Solar Energy Systems shall comply with the building height limitations for principal structures of
the underlying zoning district.
[OR]
The Tier 3 Solar Energy Systems shall comply with the height limitations in Appendix 3 depending on the underlying
zoning district.
a. This height requirement can be waived by the [Reviewing Board] if the panels are being raised to accommodate
continued or new agricultural purposes.

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Commentary: Since Ground-Mounted Solar Energy Systems generally do not include much impervious surface and
since lot coverage requirements are designed, in large part, to reduce impervious surfaces and associated stormwater
runoff, this Model Law exempts Ground-Mounted Solar Energy Systems from lot coverage requirements. Ground-Mounted
Solar Energy Systems are distinct from other uses, such as buildings or sheds, because stormwater generally will
continue to infiltrate the uncompacted and vegetated ground beneath them. The setback, environmental, and agricultural
requirements contained in the Model Law address issues related to stormwater runoff from Ground-Mounted Solar Energy
Systems, and both the construction and operation of large Ground-Mounted Solar Energy Systems will be subject to
applicable State requirements around erosion, sediment control and stormwater management requirements.
Municipalities which prefer not to waive lot coverage requirements for Ground-Mounted Solar Energy Systems can adopt
more flexible lot coverage requirements that allow the Reviewing Board to limit issues related to fragmentation and the
need to utilize large parcels of land for projects. The model language below requires that the Solar Energy System not
exceed the maximum lot coverage requirement of the underlying zoning district but calculates lot coverage for a Ground-
Mounted Solar Energy System by its actual impervious footprint, which results in a smaller measurement than the square
footage of the Solar Panels.
10. L
 ot coverage. Lot coverage of the Solar Energy System, as defined below, shall not exceed the maximum lot coverage
requirement of the underlying zoning district. The following components of a Tier 3 Solar Energy System shall be
considered included in the calculations for lot coverage requirements:
a. Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small
concrete collars.
b. All mechanical equipment of the Solar Energy System, including any pad mounted structure for Battery Energy
Storage System components, switchboards, or transformers.
c. Paved access roads servicing the Solar Energy System.
Alternatively, the requirement below measures a system’s lot coverage by Solar Panel square footage and requires that the
system not exceed a maximum lot coverage requirement established specifically for Ground-Mounted Solar Energy Systems.
10. Lot coverage. The Tier 3 Solar Energy System shall not exceed [60%] of the lot where it is installed. The surface area
covered by Solar Panels shall be included in total lot coverage.

10. Lot coverage. Tier 3 Solar Energy Systems are exempt from the lot coverage requirements in the underlying
zoning district.
11. Fencing Requirements. All mechanical equipment, including any structure for Battery Energy Storage System
components, shall be enclosed by a [7-foot-high] fence, as required by NEC, with a self-locking gate to prevent
unauthorized access.
12. Screening and Visibility.
a. Solar Energy Systems smaller than [10] acres shall have views minimized from adjacent properties to the extent
reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will
harmonize with the character of the property and surrounding area.
b. Solar Energy Systems larger than [10] acres shall be required to:
1. Conduct a visual assessment of the visual impacts of the Solar Energy System on public roadways and adjacent
properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and
potential significance of the visual impacts, additional impact analyses, including for example a digital viewshed
report, [shall/may] be required to submitted by the applicant.
2. Submit a screening & landscaping plan to show adequate measures to screen through landscaping, grading,
or other means so that views of Solar Panels and Solar Energy Equipment shall be minimized as reasonably
practical from public roadways and adjacent properties to the extent feasible.

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 i. The screening & landscaping plan shall specify the locations, elevations, height, plant species, and/or materials
that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse
aesthetic effects of the system. The landscaped screening shall be comprised of a minimum of [1] evergreen
tree, at least [6] feet high at time of planning, plus [2] supplemental shrubs at the reasonable discretion of the
[Reviewing Board], all planted within each [10] linear feet of the Solar Energy System. Existing vegetation may
be used to satisfy all or a portion of the required landscaped screening. A list of suitable evergreen tree and
shrub species should be provided by the [Village/Town/city].
[OR]
The screening & landscaping plan shall specify the locations, elevations, height, plant species, and/or
materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any
adverse aesthetic effects of the system, following the applicable rules and standards established by the
[Village/Town/County].
ii. The [Reviewing Board] may elect to waive certain screening and landscaping requirements in
select locations based on an applicant’s demonstration of non-impact or impact mitigation on
adjacent parcels.

Commentary: In general, municipalities should think through how helpful SEQRA can be in mitigating adverse impacts
of any proposed system approved through a special use permit under this Section. When determining the appropriate
SEQRA classification for a solar energy facility, municipalities shall consider a variety of tangible impacts which may be
associated with the project, including the cumulative acreage of land disturbed by grading, road construction, racking
system installation, and other activities.
For Tier 3 Solar Energy Systems which occupy fewer than 10 acres (considered Unlisted Actions in SEQR, except for
systems in agricultural districts with a solar-panel surface area larger than 2.5 acres), this Model Law limits the enforcement
of screening and visibility standards to “the extent reasonably practicable” to avoid overly burdensome standards.
For Tier 3 Solar Energy Systems which occupy greater than 10 acres (considered Type I Actions in SEQR), a visual impact
assessment may be required by the Reviewing Board. If so, the visual impact assessment prepared for compliance with
SEQRA could also be used to analyze visual impacts on public roadways and adjacent properties in compliance with
requirements under the Model Law.
For additional resources, please refer to NY-Sun’s “State Environmental Quality Review (SEQR) for Solar,” available at
nyserda.ny.gov/SolarGuidebook.

13. Environmental Resources

a. Tree-cutting. Removal of existing trees larger than [6] inches in diameter should be minimized to the extent possible.
b. Tier 3 Solar Energy System owners shall develop, implement, and maintain native vegetation to the extent
practicable pursuant to a vegetation management plan by providing Native Perennial Vegetation and foraging
habitat beneficial to game birds, songbirds, and Pollinators. To the extent practicable, when establishing perennial
vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes and seed all
appropriate areas within the Facility Area. Any project which is designed to incorporate agricultural or farm-related
activities or uses within the Facility Area may be excluded from this requirement based on the amount of space
actually occupied by the agricultural use(s). This exclusion will only be allowed based on the [Reviewing Board]
determination that these lands are being used for actual agricultural uses.
c. Use integrated pest management practices to refrain from/limit pesticide use (including herbicides) for long-term
operation and site maintenance.

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Commentary: Pollinators (birds, bats, bees, butterflies, moths, beetles, and multiple other species of insects) are critical
to agricultural yield in the U.S. Some solar facilities are starting to use seed mixes of native grasses and Pollinator friendly
flowering plants as ground cover in solar farms. By establishing native Pollinator habitats on solar farms, it is possible to
reconcile the conflict between solar farms and agricultural land use. Below are multiple recommended approaches that
can be used for creating Pollinator habitat on solar farms:
• Plant short-growing, low-maintenance, native seed mix underneath and around the panels;
• Plant a diverse Pollinator seed mix in between the rows of panels;
•P
 lant buffers with vegetation that benefit Pollinators and early successional species; Plant native shrubs along the
property boundary;
•S
 pecify a minimum number of species of native flowers (encouraged to include species for each bloom period) and
native grass species.

14. Agricultural Resources. Tier 3 Solar Energy Systems for which the Facilty Area includes lands consisting of MSG 1-4 shall
adhere to the following requirements:
a. Tier 3 Solar Energy System components, equipment, and associated impervious surfaces shall occupy no more than
[50%] of the area of MSG 1-4 within the Facility Area.
1. A Tier 3 Solar Energy System may exceed the [50%] MSG 1-4 coverage threshold if it incorporates an onsite
activity or program which provides for the use of the land as a Farm Operation. Exceedance beyond the [50%]
threshold will only be allowed based on the [Reviewing Board]’s determination that the land is being used for a
Farm Operation.
2. Subject to discretion of the [Reviewing Board], if the landowner demonstrates that – notwithstanding the
classification as MSG 1-4 – the land cannot be profitably employed due to excessive wetness, rocky conditions
or slopes, the land may be excluded from the calculation required by this section.
b. To the maximum extent practicable, Tier 3 Solar Energy Systems located on MSG 1-4 shall be constructed, monitored,
and decommissioned in accordance with the the NYS Department of Agriculture and Markets’ “Guidelines for Solar
Energy Projects - Construction Mitigation for Agricultural Lands.”

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 Commentary: For more information about solar and agriculture, including dual-use approaches and relevant NYS
programs, please refer to the ‘Solar Installations on Agricultural Lands’ section of the Solar Guidebook, available at:
www.nyserda.ny.gov/SolarGuidebook.
MSG 1-4 include the highest quality soils in New York based on soil productivity and capability, as identified by the NYS
Department of Agriculture and Markets. The agricultural protection standards and requirements included in this Model Law
are designed to align with this soil categorization methodology, which is already utilized by NYS agencies including the
NYS Department of Agriculture and Markets, NYSERDA, ORES, and the NYS Department of Taxation and Finance.
Other optional approaches for addressing agriculture include:
•A
 dding a provision that requires any Tier 3 Solar Energy System located on Active Agricultural Land to not exceed [75%]
of the area of Active Agricultural Land within the Facility Area.
•U
 tilizing “Prime Farmland” and “Farmland of Statewide Importance” as the basis for agricultural protection standards
included under local regulations, rather than MSG 1-4.
•R
 ather than cross referencing to the construction requirements of the NYS Department of Agriculture and Markets,
consider directly adding select priority construction requirements to the law. For more details, please refer to NYS
Department of Agriculture and Market’s Guidelines for Agricultural Mitigation for Solar Energy Projects, available at
https://agriculture.ny.gov/system/files/documents/2019/10/solar_energy_guidelines.pdf.
•A
 dding a provision that permits the Reviewing Board to waive or modify certain bulk and area standards that result in
unintended consequences. Waiving those standards better protects agriculture and promotes continued agricultural use
and alternative designs that protect more land.
• In drafting and evaluating solar regulations, coordinate with local/county/regional agricultural preservation board(s)
as appropriate to provide an opportunity for ideation and feedback regarding agricultural land impacts. As with other
external referral processes, consider establishing clear expectations and timelines to avoid delays.

D. Ownership Changes. If the owner or operator of the Solar Energy System changes or the owner of the property changes,
the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the
obligations of the decommissioning plan. A new owner or operator of the Solar Energy System shall notify the zoning
enforcement officer of such change in ownership or operator within [30] days
of the ownership change.

9. Permitting Requirements for Tier 4 Solar Energy Systems

All Tier 4 Solar Energy Systems are permitted through the issuance of a [special use permit] within the [XXXXXXXXXXXXX,
XXXXXXXXXX, XXXXXXXXXX] zoning districts, and are subject to the site plan and special use permit application
requirements established for Tier 3 Solar Energy Systems in Section [8], in addition to (or in some cases amended by) the
following requirements:
A. Applications for Tier 4 Solar Energy Systems shall:
1. Be reviewed by the [Code Enforcement/Zoning Enforcement Officer/Reviewing Board] for completeness. Applicants shall
be advised within [60] days of the completeness of their application or any deficiencies that must be addressed prior to
substantive review.
B. Pre-Application Meeting.
At least [60] days prior to the submission of an application, the Applicant shall conduct a pre-application meeting with the
[Reviewing Board OR Village/Town/City staff] to ensure all parties have clear expectations regarding any [Village/Town/
City] requirements applicable to the proposed Solar Energy System. A written request for this purpose shall be sent to
the [Reviewing Board OR highest-ranking official of the Village/Town/City]. Submission and review of the application shall not
be delayed based on the failure of the [Reviewing Board OR highest-ranking official of the Village/Town/City] to respond in a
timely manner to a properly-filed meeting request.

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At the pre-application meeting, the Applicant must provide (1) a brief description of the proposed facility and its environmental
setting, (2) a map of the proposed facility showing project components, (3) the proposed facility’s anticipated impacts, (4)
a designated contact person with telephone number, email address, and mailing address from whom information will be
available going-forward basis, and (5) an anticipated application submission date.

Commentary: The pre-application meeting requirement is intended to align with procedural requirements applicable
to major renewable energy facilities, as permitted by ORES; this requirement is outlined in 19 NYCRR § 900-1.3 and
available at https://ores.ny.gov/system/files/documents/2021/03/chapter-xviii-title-19-of-nycrr-part-900-subparts-900-1-
through-900-15.pdf.

C. Community Engagement Plan.

Applications for a Tier 4 Solar Energy System shall include a Community Engagement Plan detailing the applicant’s proposed
plans and strategies for ensuring adequate public awareness and encouraging community participation. Applicants are highly
encouraged to discuss the contents and details proposed in this plan with the [Reviewing Board OR local officials] prior to the
submission of a formal application.

Commentary: Community Engagement Plans are also required for facilities that produce TIER 1 Eligible Renewable
Energy Certificates in the New York Generation Attribute Tracking System (NYGATS). These facilities must meet the
Community Engagement Plan criteria outlined in the Step Two Bid Proposal requirements for NYSERDA's Request for
Proposals for TIER 1 Eligible Renewable Energy Certificates, available at https://www.nyserda.ny.gov/All-Programs/clean-
energy-standard/renewable-generators-and-developers/res-tier-one-eligibility/solicitations-for-long-term-contracts.
Consistent with those criteria, municipalities can require the Plans be publicly posted and incorporate the following criteria
into Community Engagement Plan requirements for Tier 4 Solar Energy Systems:
• Details of outreach strategies and activities that will be used to engage stakeholders and interested parties.
•P
 lanned frequency of public events and strategies to ensure that events are widely attended by a representative cross
section of community residents.
• Details of the direct benefits to the community.
• Details on past/planned engagement regarding payments in lieu of taxes agreements or host community agreements.
•D
 escribe local interests and concerns, including identifying plans to thoughtfully build support for and respectfully
responding to any opposition.
• Identify strategies the Applicant will use to mitigate concerns raised by the public.
• Method for soliciting feedback and input from the public and the process for sharing feedback and responses publicly.

D. Special Use Permit Standards

1. Setbacks: Tier 4 Solar Energy Systems shall meet all applicable parcel line and other setback requirements as outlined in
Appendix 2, Table 2.2. Fencing, collection lines, access roads and landscaping may occur within the setback.
2. Agricultural Resources: Tier 4 Solar Energy Systems for which the Facility Area includes Active Agricultural Lands shall
adhere to the following requirements:
a. Tier 4 Solar Energy System components, equipment, and associated impervious surfaces shall occupy no more than
[50%] of the Active Agricultural Lands within the Facility Area.
i. A Tier 4 Solar Energy System may exceed the [50%] Active Agricultural Land threshold if it incorporates an onsite
activity or program which provides for the use of the land as a Farm Operation. Exceedance beyond the [50%]
threshold will only be allowed based on the [Reviewing Board]’s determination that the land is being used for a
Farm Operation.

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 b. To the maximum extent practicable, Tier 4 Solar Energy Systems located on Active Agricultural Lands shall be
constructed, monitored, and decommissioned in accordance with the the NYS Department of Agriculture and
Markets’ “Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands.”

10. Safety
A. Solar Energy Systems and Solar Energy Equipment shall be certified under the applicable electrical and/or building codes
as required.
B. Solar Energy Systems shall be maintained in good working order and in accordance with industry standards. Site access
shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 3 Solar
Energy System is located in an ambulance district, the local ambulance corps.
C. If a Battery Energy Storage System is included as part of the Solar Energy System, they shall meet the requirements of any
applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with
the laws and regulations of the [Village/Town/City] and any applicable federal, state, or county laws or regulations.
D. Where deemed necessary by the [Reviewing Board], the Applicant shall ensure emergency access to the Facility Area for
local first responders by installing an emergency lock box or similar device, in a location subject to approval by the [Fire
Chief of Village/Town/City].

11. Permit Timeframe and Abandonment

A. The Special Use Permit and site plan approval for a Solar Energy System shall be valid for a period of [36] months,
provided that [a building permit is issued for construction OR construction is commenced]. In the event construction is
not completed in accordance with the final site plan – as may have been amended and approved – as required by the
[Reviewing Board], within [36] months, the applicant may request to extend the time to complete construction for [12]
months. Approval of a request to extend the time to complete construction shall not be unreasonably withheld by the the
[Village/Town/City]. If the owner and/or operator fails to perform substantial construction within [48] months, the approvals
shall expire.
B. Upon cessation of electricity generation of a Solar Energy System on a continuous basis for [12] months, the [Village/Town/
City] may notify and instruct the owner and/or operator of the Solar Energy System to implement the decommissioning
plan. The decommissioning plan must be completed within [12] months of notification.
C. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the [Village/Town/City] may,
at its discretion, utilize the bond and/or security for the removal of the Solar Energy System and restoration of the site in
accordance with the decommissioning plan.

Commentary: Abandonment, as it applies to Solar Energy Systems, requires that the Solar Energy System be removed
after a specified amount of time of inactivity. A municipality can establish a timeframe for the removal of a Solar Energy
System based on aesthetics, system size, location, and system complexity. Municipalities, in their codes, can designate the
amount of time after which a Solar Energy System is considered abandoned.
If provisions of financial surety to cover the cost of removal are not required, municipalities could use other remedies, such
as placing a tax lien on the property if the owner and/or operator fail(s) to comply with decommissioning requirements.

12. Enforcement
Any violation of this Solar Energy Law shall be subject to the same enforcement requirements, including the civil and criminal
penalties, provided for in the zoning or land use regulations of [Village/Town/City].

Commentary: This Section provides that any violation of the Solar Energy Law will result in the same assessment of civil
and criminal penalties already laid out in the existing enforcement provision(s) of the municipality’s zoning code.
If a municipality is particularly concerned about enforcement and adherence to permit requirements, the municipality
should provide solar specific training for enforcement officers.

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13. Severability
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the
aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall
not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase,
which shall remain in full force and effect.

2.1 Appendix 1: Lot Size Requirements

The following table displays the size requirements of the lot for Ground-Mounted Solar Energy Systems to be permitted.

Table 1.1: Lot Size Requirements

Zoning District Tier 3 & 4
Residential Low Density ≥ 2 acres
Residential High Density —
Commercial / Business ≥ 5 acres
Light Industrial N/A
Heavy Industrial N/A
Agricultural / Residential ≥ 5 acres

Key:
—: Not Allowed
N/A: Not Applicable

2.2 Appendix 2: Setback Requirements

The following table provides parcel line setback requirements for Ground-Mounted Solar Energy Systems. Fencing, access
roads and landscaping may occur within the setback.

Table 2.1: Parcel Line Setback Requirements for Tier 3 Solar Energy Systems
Tier 3
Zoning District Front Side Rear
Residential Low Density 100’ 100’ 100’
Residential High Density — — —
Commercial / Business 30’ 15’ 25’
Light Industrial 30’ 15’ 25’
Heavy Industrial 30’ 15’ 25’
Agricultural / Residential 30’ 15’ 25’

Key:
—: Not Allowed

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Table 2.2: Parcel Line and Other Setback Requirements for Tier 4 Solar Energy Systems
Tier 4
Non-Participating
Zoning District Front Side Rear
Occupied Residence
Residential Low Density 100’ 100’ 100’ 250’
Residential High Density — — — —
Commercial / Business 50’ 50’ 50’ 250’
Light Industrial 50’ 50’ 50’ 250’
Heavy Industrial 50’ 50’ 50’ 250’
Agricultural / Residential 50’ 50’ 50’ 250’
Key:
—: Not Allowed

2.3 Appendix 3: Height Requirements

The following table displays height requirements for each type of Solar Energy Systems. The height of systems will be
measured from the highest natural grade below each Solar Panel.

Table 3.1: Height Requirements

Tier 1 Tier 1 & 2 Tier 3 & 4
Zoning District
Roof-Mounted Ground-Mounted Ground-Mounted
Residential Low Density 2’ above roof 10’ 15’
Residential High Density 2’ above roof 10’ —
Commercial / Business 4’ above roof 15’ 20’
Light Industrial 4’ above roof 15’ 20’
Heavy Industrial 4’ above roof 15’ 20’
Agricultural / Residential 2’ above roof 15’ 20’
Key:
—: Not Allowed

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2.4 Appendix 4: Example Decommissioning Plan
Date: [Date]
Decommissioning Plan for [Solar Project Name], located at: [Solar Project Address]
Prepared and Submitted by [Solar Developer Name], the owner of [Solar Farm Name]
As required by [Town/Village/City], [Solar Developer Name] presents this decommissioning plan for [Solar Project Name]
(the “Facility”).
System decommissioning shall be required as a result of any of the following conditions:
1. The land lease – if any – ends, unless the project owner has acquired the land.
2. The Solar Energy System ceases to generate electricity on a continuous basis for [12] months.
3. The Solar Energy System is damaged and will not be repaired or replaced by [Solar Developer Owner].
If any of the above conditions are met, and upon notification or instruction by the [Village/Town/City], [Solar Developer Name]
shall implement this decommissioning plan. System decommissioning and removal, as well as all necessary site restoration or
remediation activities, shall be completed within [12] months.
The owner of the Facility, as provided for in its lease with the landowner, and in accordance with the requirements of the
[Village/Town/City] zoning law, shall restore the property to its condition as it existed before the Facility was installed, pursuant
to which shall include the following:
1. Removal of all operator-owned equipment, concrete, conduits, structures, fencing, and foundations located less than
36-inches below the soil surface, and/or less than 48-inches below the soil surface in areas consisting of [Mineral Soil
Groups (MSG) 1-4 and/or Active Agricultural Lands].
2. For projects located on areas consisting of [MSG 1-4 and/or Active Agricultural Lands], removal of all operator-
owned equipment, concrete, conduits, structures, fencing, and foundations in accordance with the decommissioning
requirements contained in the NYS Department of Agriculture and Markets’ “Guidelines for Solar Energy Projects -
Construction Mitigation for Agricultural Lands.”
3. Removal of any solid and hazardous waste caused by the Facility in accordance with local, state and federal waste
disposal regulations.
4. Removal of all graveled areas and access roads unless the landowner requests in writing for it to remain.
An appendix is included in this plan to provide a project schedule detailing a breakdown of tasks required for the
decommissioning removal of the system, including:
1. Time required to decommission and remove the system and any ancillary structures.
2. Time required to repair any damage caused to the property by the installation and removal of the system.
The cost of system decommissioning and removal, as well as all necessary site remediation and restoration activities, is
estimated to be $[XXX] as of the date and time this application is filed. A decommissioning security [has been OR will be]
executed in the amount of [115]% of the cost of system decommissioning, removal, and site restoration.
This cost estimate and decommissioning surety will be revisited every [5] years and updated as needed to account for
inflation or other cost changes.
The owner of the Facility, currently [Solar Developer Name], is responsible for this decommissioning.

Facility Owner Signature:_____________________________________________ Date:_________________________

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 Municipal Solar
Procurement Toolkit
Information for local governments looking to lease existing
underutilized land for solar development.

Solar Guidebook for Local Governments

NYSERDA 17 Columbia Circle Albany, NY 12203

201
Overview
Included in this toolkit are step-by-step instructions on how municipalities can lease
underutilized land, such as landfills and brownfields, for solar development. In addition,
we provide a Request for Proposals (RFP) template, Lease Agreement template, and
a Model Law for Charter Counties subject to New York County Law § 215. These
resources previously mentioned are materials often used by local governments when
in the solar development process and are included for an advisory purpose.

Intended Use
Municipalities are encouraged to review and consider modifying this toolkit, specifically the template RFP and Lease
Agreement, to ensure it addresses all the needs of the municipality by deleting, modifying, or adding any other sections or
provisions that would be necessary in the leasing jurisdiction.
Depending on the type of land the municipality plans on leasing, there are specific requirements within the template RFP
and Lease Agreement that will need to be updated. The template RFP and Lease Agreement provide specific requirements
for landfills and brownfields that will need to be adjusted for the project. All language that may need to be modified by the
municipality is highlighted grey.
The Templates in this Toolkit are not intended for use exactly as written. This Toolkit is intended to be advisory only, and users
should not rely upon it as legal advice. A municipality is not required to utilize these templates exactly as written. Municipal
officials are urged to seek legal advice from their attorneys before issuing an RFP or signing a Lease Agreement.

1. Planning and Early Stage

Goal-Setting
Leasing land for solar development requires the active participation of multiple government departments. All relevant local
government stakeholders should be included at the beginning of the process, to ensure that all potential project barriers
are identified early and that critical municipal departments are fully informed about the project in advance. Relevant local
government stakeholders may include elected leaders, legal counsel, planning and zoning staff, sustainability coordinator,
or local State Environmental Quality Review (SEQR) authority. Frequently, the municipal authority or executive authorizes the
creation of an advisory committee to investigate the feasibility of a solar project. This committee should be responsible for
coordinating the process details and serving as a review committee for selecting the solar developer. In addition to managing
the solar land lease process, committee members may wish to arrange project updates with local government leaders and
the public. Local government project proponents should also consider developing strategies for communicating information
about proposed solar projects to external stakeholders, particularly if the project involves developing large tracts of open
space, as large projects have raised concerns among adjacent landowners and other stakeholders in some jurisdictions.
External stakeholders may include the community members, utility representatives, or NYS Department of Environmental
Conservation (if a landfill or brownfield, or near a wetland).
It is a necessary step to get support from your community members. Pursuant to state law, for example New York Town Law
§ 64, municipal land leases or solar procurements may be subject to permissive referendums. A permissive referendum is
a legal mechanism available for a community to vote on a decision directly, rather than having the issued decided solely
by governing board. In addition, certain actions of the governing board that raise or expend money can be subject to a
permissive referendum. If an action is determined to be subject to permissive referendum, such act shall be subject to a
referendum on petition, unless the proposition has been adopted at an election.

202
As an example, Town Law Article § 7 lays out the process for town referendums:
– Within ten days after the adoption by the town board, the town clerk shall post and publish a notice which shall set forth
the date of the adoption of the act and contain an abstract of such act concisely stating the purpose and effect thereof.
• The notice shall specify that the resolution that was adopted is subject to a permissive referendum.
– The resolution cannot take effect until thirty (30) days after its adoption.
• If within 30 days of the adoption, there is a petition filed and signed by the electors of the town protesting against
such act and requesting that it be submitted to the electors of the town for approval or disapproval, then this
resolution needs to go to a public vote.
– If the petition is filed between 60-75 days prior to a biennial town election, a proposition for the approval of the
resolution can be submitted at the election.
– If the petition is filed at any other time, the proposition for the approval of the resolution shall be submitted at a special
town election to be held between 60-75 days after filling the petition.
County Consideration: If a project is located on county-owned land, New York County Law § 215 may limit the term of the
land lease to five (5) years. As part of this Toolkit, there is a model law that can allow for Charter Counties to lease land
longer than 5 years for specific projects. The model law cites the appropriate laws to extend the land lease and includes
fields for jurisdictions to fill in. Jurisdictions should work closely with their local legal counsel to determine local land lease
requirements.

1.1 Establish Project Goals

The advisory committee, once assembled, should consider the goals and the desired outcomes of a solar project, and
develop a preliminary list of project goals and key outcomes, which could include:
• Providing revenue to the town by leasing public land, such as landfills or brownfields, to a private developer to
construct a community solar project, which the town may or may not participate in, but will provide greater access to
clean power to community members.27
• Providing a positive use of a capped landfill, brownfield, or other sites where environmental or other attributes make
alternate land uses difficult.
• Providing greater access to solar power for residents, businesses, institutions, and organizations through a community
solar project.

2. Site Identification & Considerations

For many municipalities, closed landfills or brownfields are attractive areas to site solar projects because of the limited
number of alternative uses for these sites. Developing solar on these sites requires special consideration.26 If a solar project
is being considered for county owned land, County Law § 215 may limit the term of county-owned land leases to a five-years.
If municipalities are considering county land, they should contact their legal counsel and County government.

27
If a solar project is being considered for county owned land, County Law § 215 may limit the term of county-owned land leases to a five-years.
If municipalities are considering county land, they should contact their legal counsel and County government.

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2.1 Considerations for solar on landfills
• Under 6 N.Y.C.R.R. Part 360, landfill owners must submit landfill closure plans and adhere to a Post-Closure Monitoring and
Maintenance Operations Manual when ceasing landfill operations.
• To develop solar on a landfill, a contractor must submit a modification to the post-closure plan to the New York State
Department of Environmental Conservation (NYSDEC). These plans will have to take into consideration existing
infrastructure, such as gas collection systems and leachate control systems.
• NYSDEC’s regional offices offer pre-application consultations to municipalities, who are encouraged to contact NYSDEC
early in the project planning process to understand the special requirements of developing solar on landfill sites.

2.2 Considerations for solar on brownfields

• For a proposed brownfield solar site with an Institutional Control (IC) on the property, the Developer will be required to notify
the NYSDEC’s Division of Environmental Remediation of the site’s change of use and to submit details to assess whether
the remedy will remain effective or what new Engineering Control and Institutional Control (EC/IC), monitoring activities, and
periodic reviews may be necessary. A site-specific inquiry needs to be undertaken in this regard, and the DEC regional
office should be engaged early on to discuss next steps.
• Any submissions relative to new and/or revised EC/ICs will likely require modification of the Site Management Plan (SMP)
that directs the process for certain site activities and may require additional work to be undertaken pursuant to DEC
approval, depending on the scope of proposed site activities.
• SMPs are filed against the deed of the brownfield property via an Environmental Easement, and a copy of the SMP would
either be accessible via the DEC or by retrieving the copy included in the County real property records. Of note, the DEC
utilizes a form SMP as the starting point for plan development, which is revised based on site-specific information. A copy of
the form is available on DEC’s website.
• Note that brownfield sites without existing IC equipment should notify the change of use but may not have to submit any
additional plan documentation.

3. RFP Process & Contractual Documents

Competitive processes create a fair and open procedure under which solar developers can offer their services. They also
ensure that local governments receive the best available pricing, thereby maximizing financial benefits to the municipality.
The Toolkit provides a template Request for Proposals (RFP) for municipalities to utilize. The template provides suggested
language that can be adjusted to reflect the goals and context of a municipality’s procurement. Example evaluation criteria
are provided in the template RFP. Municipalities may use these evaluation criteria as a guide but are encouraged to tailor
their evaluation processes to meet their own needs and goals. To facilitate comparison of proposals, it is recommended that
municipalities ask all respondents to provide price proposals in the same format (the attached sample RFP includes such
a request).
One step that municipalities can take to protect their interests is to use a model lease agreement, as provided in the Toolkit.
By using a document that the municipality is comfortable with, the municipality may ensure that all its contractual “must
haves” are brought up early in the contract negotiations and included in the final contract. It contains many of the terms and
conditions that typically arise during contract negotiation. It is the responsibility of the contracting jurisdiction to negotiate its
own final contract and local governments should hire legal counsel with solar lease negotiation experience to protect their
interests in contract negotiations.

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4. Request for Proposal (RFP)
The workable version of this document can be found at nyserda.ny.gov/SolarGuidebook, under the Municipal Solar
Procurement Toolkit tab.

REQUEST FOR PROPOSALS

Leasing Municipal Land for Solar Development

Municipality Name
Municipality Address
Issue Date
Proposals Due By:

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Request for Proposals Contents
1. Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . 207
2. Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
3. Project Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Project Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Site Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Site Work and Maintenance Requirements . . . . . . . . 208
Community Engagement . . . . . . . . . . . . . . . . . . . . . . . . 209
Local Business Utilization . . . . . . . . . . . . . . . . . . . . . . . 209
Award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
4. Timeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
5. Submission of Questions . . . . . . . . . . . . . . . . . . . . . . 210
6. Pre-Bid Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
7. Submittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
8. Proposal Requirements . . . . . . . . . . . . . . . . . . . . . . . . 211
Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
Section 1 – General Respondent Information . . . . . . . . 211
Section 2 – Experience & Qualification . . . . . . . . . . . . 211
Section 3 – Proposal Narrative . . . . . . . . . . . . . . . . . . . 213
Section 4 –Technical Proposal . . . . . . . . . . . . . . . . . . . . 214
Section 5 – Price Proposal . . . . . . . . . . . . . . . . . . . . . . . 214
9. Evaluation Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
Overview of Evaluation Process . . . . . . . . . . . . . . . . . . 214
Appendix 1: Site Description . . . . . . . . . . . . . . . . . . . . . . . 215
Appendix 2: Land Lease Price Proposal Template . . . . 216
Appendix 3: Certificate of Non-Collusion . . . . . . . . . . . . 217
Appendix 4: Sample Land Lease Agreement . . . . . . . . . 218

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1. Executive Summary
The Municipality seeks proposals from solar energy developers (“Respondents”) to lease land at site address (“the Site”),
pursuant to a Lease Agreement, a form of which is included in this RFP, and install, own, operate, and maintain thereon a solar
photovoltaic energy system (“Solar Energy System” or “System”).
It is the desire of the Municipality to site a solar energy system for the benefit of the Municipality and the environment. This
Request for Proposals is being issued to allow the Municipality to evaluate options and determine the project and financial
arrangements that best meet the Municipality’s interest. The Municipality notes that it is not seeking proposals to be an off-
taker of a solar energy system. The goal of this RFP is to lease the Site for purposes of siting a Solar Energy System in order
to provide a revenue stream to the Municipality in the form of lease payments.
The Municipality will evaluate all proposals and reserves the right to select the proposal that provides the best economic
solution. The Municipality has the right to accept any bid even if it does not provide the highest revenue to the Municipality.
Proposals will be evaluated against other proposals received. In addition to other rights reserved herein, the Municipality
reserves the right to cancel this RFP in its discretion and to the fullest extent permitted by law.
All Proposals prepared in response to this RFP are at the sole expense of the Respondent, and with the express
understanding that there will be no claim, whatsoever, for reimbursement from Municipality for the expenses of preparation.
Municipality shall not be liable for any expenses incurred by the Respondent in development of this proposal.

2. Background
Provide a background on your Municipality and include any demographic information that would be helpful for a
developer to understand the character of your community. Provide a brief description of the background of the project
site, for example if it is located on a landfill or brownfield. Also provide description of the goals of your Municipality. Below
are examples of potential goals and should be updated to match the specific goals of your Municipality.

The Municipality is located in County and is home to # residents and has # households.
Provide any additional background about your Municipality that will be helpful for Respondents to know.
The Municipality wishes to bring this project to our community with the goal of expanding Municipality’s and its residents’
participation in the energy of the future, and benefit from the lower electric prices and local job creation associated with it.
Municipality is interested in leasing municipal land for solar development. Municipality has the following prioritized goals for
the project:
1. Increase revenue for the Municipality through a land lease.
2. Reduce energy bill costs for residents through a community solar project.
3. Purposefully utilize otherwise unusable municipal property such as landfills or brownfields.
4. Advance the community’s environmental sustainability and leadership goals.

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3. Project Scope
Project Description
Describe the desired project and the amount of land the Municipality is looking to lease to a Developer. Include the
responsibilities of the successful Respondent.

The Municipality is interested in leasing all or a portion of the site(s) described in Appendix 1. The lease will be structured
initially for a 2-year option to assess the feasibility of the site, following with a 25-year lease when it is determined the
site is viable, with up to four additional 5-year optional renewal periods, exercisable at Municipality’s sole discretion. The
Municipality is willing to consider alternative lease durations and conditions as part of the proposal evaluation process set
forth herein. The Municipality will not be an off-taker of the electricity generated at the Site.
The selected Respondent will own the System and will be responsible for the design, engineering, permitting, installation,
testing, operation, maintenance, repair, vegetation management, and decommissioning of the System, including, without
limitation, procurement of the solar photovoltaic equipment and related services. The successful Respondent will be solely
responsible for owning, insuring, commissioning, interconnection, metering, and for providing security for the system at all
times. The successful Respondent shall be responsible for all project costs including, but not limited to: the furnishing of all
materials, services, labor, performance and payment bonds, insurance, and other costs incurred in the preparation of this
response and the performance of the contract, signed by an individual authorized to bind the Respondents contractually.
On termination of the lease, the successful Respondent will be responsible for performing, and paying for the removal of all
panels, racks, concrete blocks, and conduits, and returning the portion of the property on which the System was installed to
its original conditions as mutually agreed upon.

Site Description
In this section provide any additional unique information about the site.

The potential host site(s) are described in Appendix 1 attached to this RFP.
Before submitting a proposal, each Respondent shall familiarize themselves with the potential host sites as necessary
to develop a proposal to undertake the Project in accordance with the terms and conditions of this RFP. The selected
Respondent will be responsible for conducting any additional studies it may require, at its own cost and risk, prior to entering
the lease agreement and/or in conjunction with the development of the Project. The Municipality intends to lease the
municipal land on an “as is” basis.

Site Work and Maintenance Requirements

The successful Respondent shall be responsible for the design, permitting, construction, and maintenance of all site work,
drainage, erosion controls, and landscaping associated with the system and lease area.
The successful Respondent shall be responsible for performing vegetation management within the lease area. Respondents
shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management
plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the
extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant
species and seed mixes.

If the project is on a landfill, include the below paragraph in your RFP to provide additional information to Respondents of
requirements for solar energy projects on landfills.

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Landfills are overseen by DEC’s Division of Materials Management. As the proposed solar project will alter and impact the
landfill cap, the Respondent is required to submit modifications to the Post-Closure Care Manual that is part of the Closure
Plan. The requirements are intended to address concerns regarding the protection and maintenance of the Final Cover
(“cap”) and the protection of the landfill gas systems. The modification submission shall cover aspects including soil, slope,
sediment, erosion, vegetation, drainage, etc. The submitted work plan shall contain descriptions of the planned uses and
project plans to demonstrate the disturbance will not increase the potential threat to human health or the environment via
construction method, equipment placement, and monitoring systems and plans28.

If the project is on a brownfield, include the below paragraph in your RFP to provide additional information to
Respondents of requirements for solar energy projects on brownfields.

Additional DEC requirements apply to solar on brownfield sites and DEC’s Division of Environmental Remediation provides
the oversight. For a proposed brownfield solar site with an Institutional Control (IC) on the property, the Respondent will be
required to notify the Division of the site’s change of use and submit a work plan to ensure whether the remedy will remain
effective or what new Engineering Control and Institutional Control (EC/IC), monitoring activities, and period reviews may be
necessary. The workplan submission modifies the Site Management Plan (SMP) containing pertinent Environmental Easement
information. SMPs are filed in the Deed of the brownfield property and accessible via DEC’s Brownfield Cleanup Program site
or filed as part of the Deed restriction. Note that brownfield sites without existing IC equipment should notify the change of
use, but do not have to submit an additional work plan.
The successful Respondent shall be responsible for the installation and maintenance of site specific safety and security
requirements or other measures as are required to comply with all necessary permits and approvals.

Community Engagement
The successful Respondents will play an integral role in public outreach and educational events coordinated for community
members. An outreach plan will raise community awareness and provide a platform for education. Creative approaches are
encouraged.
If the project is intended to serve as a community solar project, through which local electric customers can purchase
electricity from the developer, the Municipality will respect the strategic business decisions of Respondents on how to recruit
subscribers of a community solar project. The Municipality requires that a priority process of enrollment be used whereby
Municipality residents would have first call on participating as customers in a community solar program. The Municipality also
requires that residents of County have a second stage enrollment priority.
Potential support offered by the Municipality as examples of ways the Municipality and other associated organizations would
be interested in participating may include:
• Notification of the opportunity on the Municipality and various organizations’ websites;
• Use of Municipality and other organizations’ staff in conducting community oriented “Solar PV 101” Q&A sessions;
• Support in engaging local media;
• Banners or signage promoting the initiative at town-owned facilities
These are meant as examples of the sorts of informational and recruitment activities in which the Municipality, and perhaps
associated organizations, would be interested in participating.

Local Business Utilization

It is in the best interest of the Respondent to give a preference to subcontracting with local businesses, recruiting from
the local labor force, and providing education or other benefits to local students particularly inside Municipality limits. The
Municipality also encourages all Respondents to include minority and small business participation, including those owned by
women, veterans, and disadvantaged individuals. Respondents should include goals for local employment, including for both
the construction and operation periods of the project, providing a brief description of the number and types of jobs expected
to be created in the Municipality.

28
https://www.dec.ny.gov/regulations/81768.html

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Award
Based upon the results of the evaluation of the proposals and interview process (if applicable), a recommendation will be
developed and submitted for approval by the respective stakeholders within the Municipality.
All Respondents shall review the Lease Agreement in Appendix 4. Should a Respondent question any of the terms and
conditions contained in this Lease Agreement, it must submit a written attachment to their proposal specifically identifying
its objection, setting forth its reasoning for the objection, and proposing an alternative solution addressing the objection.
Respondents must include a brief discussion of the purpose and impact, if any, of each proposed revision. Acceptance of
any proposed revision is within the Municipality’s sole discretion. In no event will general references to the Respondent’s
terms and conditions or attempts at complete substitutions be considered. All objections will be reviewed as part of the
evaluation process.
If the Municipality and the most qualified Respondent are unable, within 60 days following the Municipality’s notice of
commencement of negotiations with a Respondent (or such longer period of time as the Municipality may deem appropriate),
to negotiate satisfactory Agreements with that Respondent at a price the Municipality determines to be fair, competitive, and
reasonable, the Municipality shall negotiate with the next highest-rated Respondent. The Municipality reserves the right to
waive any and all informalities and to award the proposal on the basis of the above procedures to the Respondent it deems
most qualified or terminate the process at any time without making an award.

4. Timeline
EVENT TARGET DATE
Issuance of Request for Proposal Day 0
Informational Respondent Meeting and Site Visit Day 14
Deadline for Submission of Questions Day 28
Municipality Issues Responses to Respondent Questions Day 35
RFP Submission Deadline & Opening of Bids Day 49

5. Submission of Questions
The Designated Contact Person during the RFP period is contact name. All communication of any kind regarding this RFP
during this period must be made via contact name. All questions and inquiries regarding this RFP must be submitted via
email to contact email no later than question deadline. Questions submitted in writing must include the firm name and the
name, title, address, telephone number, and email address of the individual submitting the question. Any questions regarding
proposal requirements or specifications received after this date and time will not be considered for response.
Questions will not be answered directly. The Awarding Authority will issue an addendum to address the written questions
submitted by the deadline. Any addenda will be posted by email/online at website.

6. Pre-Bid Meeting
The Municipality will hold a pre-bid meeting for all interested Respondents on date & time at site address. It is recommended
that all interested Respondents attend in order to familiarize themselves with existing conditions and project requirements.
Respondents interested in attending must confirm attendance by contacting point of contact and contact information.

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7. Submittal
Responses must be submitted in a sealed package to Municipality’s address by date & time and labeled as noted below. Within
the package, the Respondent shall enclose a cover letter with the signature, name, and title of the person authorized to submit
the proposal on behalf of the Respondent. The Respondent shall enclose three (3) hard copies and one (1) electronic version
in a searchable text format (in Adobe Acrobat (pdf) format and on a flash drive or CD-ROM) of the proposal. The sealed outer
package shall be marked with the Respondent’s company name, and clearly marked in the lower left- hand corner:
“Response to Leasing Municipal Land for Solar Development”
It is the Respondent’s responsibility to see that its proposal is delivered within the time and at the place prescribed. The right
is reserved, as the interest of the Municipality may require, to reject any or all proposals, to waive any technical defect or
informality in proposals received, and to accept or reject any proposal or portion thereof. If there are any differences between
the original hard copy and the electronic copy of the proposal, the material in the electronic copy will prevail.

8. Proposal Requirements
These instructions outline the format and content of the proposal and the approach to be used in its development and
presentation. Only that information which is essential to an understanding and evaluation of the proposal should be submitted.

Table of Contents
Proposals shall include a Table of Contents listing the individual sections of the proposal and their corresponding page numbers.

Section 1 – General Respondent Information

•T
 ransmittal Letter - Each Respondent’s response should include a transmittal letter signed by a party authorized to make
a formal bid on behalf of the Respondent. The letter shall clearly indicate that the Respondent has carefully read all the
provisions in the RFP. Transmittal letters should also acknowledge receipt and understanding of any Addenda associated
with the project. Include the name, title, address, telephone number, e-mail address and fax number of the individual the
Municipality should contact concerning the Respondent’s proposal.
•E
 xecutive Summary - Provide an overview of the proposal (not more than two pages) describing the highlights of the
response and summarizing how your firm will meet the needs and goals of the Municipality.
• Executed Certificate of Non-Collusion in Appendix 3.

Section 2 – Experience & Qualification

This section shall discuss the highlights, key features, and distinguishing points of the proposal.

• Company Overview
o Provide a document with the following company information.
n
Year founded and number of continuous years in business
n
Ownership status (public or private company, LLC, LLP, S-Corp, Sole Proprietor)
n
Federal Tax Identification Number
n
Corporate & Local Office location
n
Number of employees in corporate & local office at time of submittal

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 n
Your firm’s Experience Modification Rate (EMR) for each of the past three years and your firm’s OSHA ratings
(Recordable Incidence Rates and Lost Workday Incident Rates) for the past three years
n
A
 description of any ongoing or previous litigation your firm has been involved in and a statement that the
Respondent is not debarred, suspended or otherwise prohibited from practice by any federal, state, or local agency

• Project Team
o Provide information about the key personnel to be assigned to this project.
n
Project Team organizational chart including all key personnel and their proposed roles
n
Provide resumes, in an appendix, for all key personnel that will be assigned to this project
n
 rovide evidence of all relevant licenses held by your firm to do work in New York State, attach list and copies of
P
documents as an appendix

• References
o Provide references for at least three completed and currently operating non-residential grid-connected PV systems,
with preference towards New York municipalities and landfill or brownfield projects. Include the following information:
n
Location and Utility Company name
n
System size (kW DC)
n
Metering Type (Remote Net Metering, Community Distributed Solar, Onsite)
n
Date completed
n
Host Customer and/or Owner contract information (name, email, address, phone)

• Project Development Experience

o Provide the total number of megawatts of solar PV your firm has constructed over the last five (5) years.
o Provide the total number of megawatts of solar PV your firm has constructed over the last five (5) years in New York.
o Provide total number of megawatts and projects of solar PV your firm has constructed on landfills and brownfields.
o Detail the types of customers your firm has worked with in the past (for example, residential, commercial nonprofit, or
government).
o Describe your firm’s implementation of PV construction standards and other safety measures.
o Provide the number of operational PV systems under your firm’s management.

• Project Financing Capability

o Provide number of PV systems that have been financed by you and/or your financing partner.
o Provide most recent audited financial statements, annual reports, consolidated financials, and Form 10-K (if any). If
available, provide similar materials for parent entities, significant affiliates and collaborators.

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Section 3 – Proposal Narrative
Provide a detailed plan of the proposed project. Project plans must include the following:

• Project Management Plan

o Provide a detailed narrative description of the approach for installing the proposed project, including how the
Respondent will work with subcontractors, municipal agencies, and other relevant stakeholders. Detail how the
Respondent will approach special site considerations such as capped landfills.
o Provide a detailed description of each task and delivery. Include a project schedule indicating key milestones and
durations of various activities.
o Respondents must demonstrate a firm understanding of permits required to successfully execute the project. The
selected Respondent will be responsible for all necessary environmental testing, permitting, and compliance. To
the extent possible, Respondents should identify the regulatory and permit conditions relevant to their proposals,
potential conflicts between the project and existing permit conditions, and variances that might be required.

• Financing Plan
o Provide a description of how the proposed project will be financed. Identify any potential financial partners that will
be involved in the project. Describe in this plan possible sources of funds and revenue streams other than the sale of
energy including all available tax credits, incentives, and subsidies that will be used to finance the project.

• Operations and Maintenance Plan

o The Respondent will be responsible for Operation & Maintenance (O&M) services for the full term of the Agreement.
Describe the proposed O&M procedures for the system, detailing duties performed and if the contract will be
maintained with the Respondent or a third-party provider.

• Decommissioning Plan
o Provide information regarding the proposed approach to system decommissioning and restoration of the property.
This decommissioning plan should include a description of Respondent’s approach to providing financial assurance
that funding will be available to decommission the system at the end of the contract term.
o The owner of the Facility, as provided for in its lease with the landowner, shall restore the property to its condition as
it existed before the Facility was installed, pursuant to measures which may include the following:
n
 emoval of all operator-owned equipment, concrete, conduits, structures, fencing, and foundations to a depth of
R
36 inches below the soil surface.
n
 emoval of any solid and hazardous waste caused by the Facility in accordance with local, state and federal
R
waste disposal regulations.
n
Removal of all graveled areas and access roads unless the landowner requests in writing for it to remain.

• Local Business Utilization Plan

o Respondent shall submit a proposed local business utilization plan and must make a good faith effort to hire local
business enterprises on the project. The utilization plan must demonstrate how this requirement will be met to the
extent possible at this stage in the program.

• Outreach Plan
o Respondent will provide a clear plan to best meet the goals and strategies specified in the Project Scope section for
Community Engagement.
o Provide clear marketing and recruitment strategies from the developer to attract members. Strategies for particular
customer segments (e.g. LMI, anchor, commercial, etc.) should be specified, if desired by the Municipality.

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Section 4 –Technical Proposal
All solar energy systems proposed under this RFP must conform to industry best practices. System Design and Components
are not binding at the proposal stage, but this information will be used to evaluate Respondent proposals.
• Components: Include an overview of the proposed photovoltaic system, including brief descriptions of the main
components (at minimum modules, inverters, racking system, and monitoring system) including manufacturer and
warranty information. Respondents are encouraged to provide specification sheets for any proposed technologies as an
appendix.
• Design: Include Preliminary Drawings for the proposed PV system that include (at a minimum):
o System size (in kW DC and kW AC)
o Location of modules (including tilt)
o Location of inverters
o Any other site-specific information that will aid in overall evaluation
• Expected System Generation
o Provide estimated annual production of the proposed solar project for years 1-25 inclusive of the degradation rate.

Section 5 – Price Proposal

Price proposals should be provided using the form in Appendix 3 of this RFP. Price proposals shall be valid for a minimum of
180 days.
All price proposals will include a lease payment from the Respondent to the Municipality in the format of a price per acre. The
lease will be structured initially for a two-year option to assess the feasibility of the site, followed by a 25-year lease when it
is determined the site is viable, with up to four additional 5-year optional renewal periods, exercisable at Municipality’s sole
discretion, or on the basis of any other alternative lease duration proposal submitted by the respondent.

9. Evaluation Criteria
Overview of Evaluation Process
The Municipality will utilize an evaluation system to rank the qualified Respondents. It is the responsibility of each Respondent
to provide information, evidence or exhibits that clearly demonstrate the Respondent’s ability to satisfactorily respond
to project requirements and the factors listed in this RFP. The evaluation process may include verification of references,
confirmation of financial information, and examination of other information as the Municipality deems appropriate. The
Municipality will/may as it deems necessary conduct interviews to evaluate the Respondents. The Municipality may require
public presentations by Respondents. The Municipality reserves the right to request or obtain additional information about
any and all responses. Each response from a qualified Respondent will be evaluated and ranked solely according to the
criteria set forth in this RFP.
The Municipality may cancel this RFP at any stage of the process if it determines that cancellation serves the best interests
of the public. The Municipality may reject, in whole or in part, any and all planned or proposed project measures, when it
determines that rejection serves the best interests of the public.
At a minimum, Respondents shall meet the following requirements:
1. Timely submission of response and attendance at optional/mandatory pre-bid meeting
2. Submission of all required elements found in Section 8 of this RFP
3. Certification of Non-Collusion (Appendix 3)
4. Evidence of appropriate insurance

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The qualified Respondents providing completed responses will be evaluated based on the following factors:
Price Proposal – The Respondent should clearly identify the financial benefit to the Municipality of the proposed arrangement
in the form of either annual lease payments, savings in current electric costs of Municipality operations, or some other
monetary benefit to the Municipality.
Proposal Narrative – The response shall include an explanation of how the Respondent will approach the various tasks,
including scheduling methods, project schedule, construction, financing, measurement and verification, operations and
maintenance, and decommissioning plans. The demonstrated ability to obtain financing for the construction of the solar
energy system is critical to the Respondent’s ability to complete the project. Respondents should provide in their responses a
clear discussion of how they intend to finance the system and what financing partners will be involved in the project.
Developer Experience & Project Team – The extent of the Respondent’s experience in designing, financing, constructing and
operating solar energy facilities. Additional consideration will be given to firms with experience constructing and operating
such facilities on municipal and commercial properties most similar to the proposed sites, particularly capped landfills. The
relevant experience and quality of project personnel and their commitment to the proposed project in Municipality. The clarity
and organization of the proposed scope of work and approach will be included in the assessment of the project team.
Technical Proposal – The response will be evaluated on the preliminary system design that is provided and the selected
equipment and corresponding warranties. The demonstrated ability of designing a system that will generate the highest
production will provide greater benefit to the Municipality and the community members

Appendix 1: Site Description

Provide the below information for the selected site(s) if known.
1. Facility name and address
2. Planned future use of the property and zoning requirements
3. Any shading, trees, or other potential obstructions
4. Electric utility
5. Distance to utility interconnection
6. Phases available at utility pole (single or three-phase)
7. Description of roof and/or available land
8. Aerial photos, site map, and/or roof plan
9. Any feasibility assessment done to date, including information on roof, shading, environmental analysis, etc.
If the site is a landfill, provide additional information, such as NYSDEC Requirements for Closure and Post-Closure Care,
site’s Final Closure Plan, and the Post-Closure Monitoring and Maintenance Operations Manual.
If the site is a brownfield, provide additional information such as the Site Management Plan.

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Appendix 2: Land Lease Price Proposal Template
PV System Size ______________kW dc Annual System Degradation Factor ______________%/year
Year 1 Estimated kWh ______________kWh
Generation

The Respondent hereby agrees to pay the Municipality the following amounts to lease up to acreage for the construction and
operation of a solar energy system for 25 years.
The following is a summary of assumptions for developing the costs for a base solar system. Respondents are to assume no
sales tax on equipment purchased, and no property tax. Interconnection costs can vary widely depending on system size,
interconnection voltage, and other interconnection requirements. For the purposes of establishing a base bid, Respondents
should assume interconnection cost of $0.10 per Watt.

Year 1 Lease Payment $___________/acre Annual Lease Escalator %/year

Year 1 Total Lease Payment $___________ Total Payments to Municipality $___________
over Contract Length (25 Years)
Respondents shall understand that the submitted price proposals must include the scope of work and all deliverables as
defined in the Lease Agreement and as specified in this RFP. Respondents shall complete the below table to account for
change orders due to unforeseen additional costs such as interconnection upgrades, taxes, etc. Municipality will use a
regression model to predict incremental values if needed.

Change Order ($/acre) 0-$4,999 $5,000- $10,000- $15,000- $20,000- >$25,000

$9,999 $14,999 $19,999 $24,999
Adjustment to ProposedLease
Payment ($/acre)
A Respondent may attach, in substantially the form above, any alternative lease arrangement(s) that the Respondent wishes to
include with its proposal.

216
Appendix 3: Certificate of Non-Collusion
The undersigned certifies, under penalties of perjury, that this bid or proposal has been made and submitted in good faith
and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural
person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals.

(Signature)

(Name of person signing proposal)

(Name of business)

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 Appendix 4: Sample Land Lease Agreement
The workable version of this document can be found at nyserda.ny.gov/SolarGuidebook, under the Municipal Solar
Procurement Toolkit tab.

SOLAR LEASE AGREEMENT

COVER SHEET
This Solar Lease Agreement (consisting of this Cover Sheet, the Terms and Conditions, all Exhibits referenced herein and
attached hereto, this “Agreement”) is made and entered into as of the Effective Date and between the parties listed below.

Party A, as Lessee: Party B, as Lessor:

Developer Name, Name,
(“Entity Name”) a New York municipality (the “Village/Town/City/County”)
Contact: Contact:
Name Name
Title Title
Number Number
Premises Location: Duration:
Address Date of Agreement: Date
City, NY Zip (“Effective Date”)
Pricing: Commercial Operation Date: TBD
Development Period Payment: Term: Initial Term: 25 years from the System’s
XX per year Commercial Operation Date, with option to extend the
Lease Term for up to four (4) additional and successive
Term Rent: XX per year
period of five (5) years
Term Rent Adjustment: X % increase per year

Town and Developer shall each be referred to in this Agreement individually as a “Party” and, together, as “Parties”.

RECITALS:
WHEREAS, Town owns and occupies the land located at Address in Village/Town/City/County, New York described in
Exhibit A attached hereto (the “Premises”) and desires to lease a portion of the Premises (the “Lease Area”, defined below) to
Entity Name;
WHEREAS, the Premises is the site of a landfill which is the subject of a closure plan approved by the New York State
Department of Environmental Conservation.
WHEREAS, the Town desires that Entity Name install the System, to be located at the Premises, and Entity Name is willing
to perform the installation of the System; and
WHEREAS, Entity Name further desires to lease the Lease Area and the Easements from the Town, and to operate and
maintain the System, and provide other services in accordance with the terms and conditions set forth herein.

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 AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises set forth herein, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Each of the following documents shall be deemed part of this Agreement and are incorporated herein by this reference as
though set forth herein in their entirety:
• Terms and Conditions
• Exhibit A, Premises Legal Description
• Exhibit B, Lease Area Description & Design Layout
• Exhibit C, Guaranty
2. This Agreement constitutes the entire agreement and understanding between Entity Name and the Town with respect
to the subject matter hereof and supersedes all prior agreements, written or verbal, if any, between them relating to the
subject matter hereof, which are hereafter of no further force or effect. The Terms and Conditions and the Exhibits, referred
to herein, are integral parts hereof and are made a part of this Agreement by reference. In the event of a conflict between
the provisions of this Agreement and those of any Exhibit, the provisions of this Agreement shall prevail over the terms of the
Exhibit and any Exhibit shall be corrected accordingly if inconsistent with this Agreement.
3. This Agreement may only be amended, modified, or supplemented by an instrument in writing executed by duly
authorized representatives of the Town and Entity Name.
4. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of New York
without reference to its principles or conflicts of laws.
5. The relationship between Entity Name and the Town shall not be that of partners, agents, or joint ventures, and nothing
contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any
purposes, including federal income tax purposes. Entity Name and the Town, in performing any of their obligations hereunder,
shall be independent contractors and shall discharge their contractual obligations at their own risk. Neither Party has the right
to create an obligation for the other Party.
6. This Agreement may be executed by facsimile or scanned signatures transmitted by electronic mail and/or in one or more
counterparts, each of which when so executed and delivered shall be deemed an original, but all of which taken together
shall constitute but one and the same original.
(Signatures appear on the following page.)

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 Signature Pages

IN WITNESS WHEREOF, the duly authorized officers of the Parties have executed this Solar Lease Agreement as an
instrument under seal as of the Effective Date.

Entity Name Town

By: Signature By: Signature
Name: Name Name: Name
Title: Title Title: Title

ACKNOWLEDGMENT
(Entity Name)

Notary Public Statement, Seal, and Signature

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 TERMS AND CONDITIONS

THIS SOLAR LEASE AGREEMENT (“Agreement”) is made and entered into as of this Day of Month, Year (the “Effective
Date”), by and between the Village/ Town/ City/ County Name, a municipality of the State of New York (“Village/ Town/
City/ County”) and Entity Name, a New York limited liability company (“Entity Short Name”). Town and Entity Short Name are
sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”

ARTICLE 1 - DEFINED TERMS; RULES OF INTERPRETATION

1.1 Defined Terms.

Capitalized terms used in this Agreement shall have the meanings ascribed to them in this Agreement, or as otherwise set
forth below.
“Agreement” means this Solar Lease Agreement, including the Solar Lease Agreement Cover Sheet, all Exhibits and
attachments hereto.
“Applicable Legal Requirements” means any present and future law, act, rule, requirement, order, by-law, ordinance,
regulation, judgment, decree, or injunction of or by any Governmental Authority, ordinary or extraordinary, foreseen or
unforeseen.
“Bankrupt” means that a Party or other entity (as applicable): (i) is dissolved (other than pursuant to a consolidation,
amalgamation or merger); (ii) becomes insolvent or is unable to pay its debts or fails (or admits in writing its inability) generally
to pay its debts as they become due; (iii) makes a general assignment, arrangement or composition with or for the benefit
of its creditors; (iv) has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other
relief under any bankruptcy or insolvency law or other similar law affecting creditor’s rights, or a petition is presented for its
winding-up, reorganization or liquidation, which proceeding or petition is not dismissed, stayed or vacated within twenty (20)
Business Days thereafter; (v) commences a voluntary proceeding seeking a judgment of insolvency or bankruptcy or any
other relief under any bankruptcy or insolvency law or other similar law affecting creditors’ rights; (vi) seeks or consents to the
appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or
for all or substantially all of its assets; (vii) causes or is subject to any event with respect to it which, under the Applicable Legal
Requirements of any jurisdiction, has an analogous effect to any of the events specified in clauses (i) to (vi) inclusive; or (viii)
takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts.
“Business Day” means any day except a Saturday, Sunday, or a Federal Reserve Bank holiday.
“Casualty Date” shall have the meaning set forth in § 11.2.
“Commercial Operation Date” means the tenth (10th) day after the Town’s receipt of a Completion Notice for the
System.
“Completion Notice” means a notice from the Entity Name to the Town when the System is generating electric power
and has been accepted for continuous commercial service by the LDC.
“Development Period Payment” means an annual rent amount of $XX, paid on a prorated basis for use of the Premises
for the number of days from the Effective Date to the Commercial Operation Date.
“Dispute” shall have the meaning set forth in §14.1.
“Easements” mean the easements granted pursuant to § 2.1, and which area(s) may be later defined by the Parties.
“Effective Date” is the date first set forth in the introductory paragraph of this Agreement.
“Environmental Attributes” means any offset, credit, benefit, reduction, rebate, financial incentive, tax credit and other
beneficial allowance that is in effect as of the Effective Date or may come into effect in the future, including, to the extent
applicable and without limitation, RECs, Solar RECs, carbon credits, Green-e products, investment tax credits, production
tax credits, forward capacity market credits or other credits earned by or in connection with, or otherwise attributable to,
the System, or the electricity produced by the System, under or with respect to the Federal Clean Air Act (including, but not
limited to, Title IV of the Clean Air Act Amendments of 1990), any state or federal renewable portfolio standard or renewable

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energy standard or other portfolio purchase mandate or requirement, including the renewable portfolio standard of the State
of New York, the Regional Greenhouse Gas Initiative or any statute or regulation implementing the foregoing, any federal
or other applicable act or regulation relating to carbon emissions or a cap or other limitation thereupon or any other state,
federal or other Governmental Authority act, law or regulation that provides offsets, credits, benefits, reductions, allowances
or incentives of any kind or nature related to electricity generation, generation capacity or emissions (or the lack or avoidance
thereof).
“Equipment Leasing Party” means, if applicable, any Person to whom Entity Name transferred the ownership interest in
the System, subject to a leaseback of the System from such Person.
“Events of Default” means a Town Event of Default or a Entity Name Event of Default.
“Financing Party” or “Financing Parties” means any and all Persons or successors in interest thereof, directly or
indirectly, (i) lending money, (ii) extending credit, (iii) investing equity capital or (iv) providing or financing any System or other
arrangement including tax equity investments for or in connection with any of the following: (a) the construction, term or
permanent financing of the System; (b) working capital or other ordinary business requirements of the System (including the
maintenance, repair, replacement or improvement of the System); (c) any development financing, bridge financing, credit
support, credit enhancement or interest rate protection in connection with the System; or (d) the purchase of the System and
the related rights. For avoidance of doubt, “Financing Party” shall include an Equipment Leasing Party, if any, and any Person
providing any of the foregoing categories of financing to Equipment Leasing Party with respect to the System.
“Force Majeure Event” means an event, occurrence or circumstance, or combination thereof, beyond the reasonable
control of a Party which wholly or partly prevents or delays the performance of any obligation arising under this Agreement,
and is not the result of the negligence of the Claiming Party, and which by the exercise of reasonable due diligence, the
Claiming Party is nonetheless unable to overcome or avoid or cause to be avoided, including, but not limited to: (a) acts of
God, terrorism, war, blockade, riot, civil disturbance or sabotage; (b) any effect of unusual natural elements, including fire,
subsidence, earthquakes, floods, lightning, tornadoes, unusually severe storms, or similar cataclysmic occurrence or other
unusual natural calamities; (c) environmental and other contamination at or affecting the Premises, the Lease Area, the System
or a Party’s obligations hereunder, except as may be caused by the negligence or affirmative act of a Party; (d) explosion,
accident or epidemic; (e) failure of a Governmental Authority to issue any permits properly applied for or to take any other
action required to be taken by such Governmental Authority; (f) failure of an LDC to issue any permissions properly applied
for and diligently pursued in good faith, or to take any other action required to be taken by such LDC; and (g) general strikes,
lockouts or other collective or industrial action by workers or employees, or other labor difficulties; provided, that neither the
lack of money nor changes in market conditions shall constitute a Force Majeure Event.
“Governmental Authority” means the United States of America, the State of New York, and any political or municipal
subdivision thereof (including but not limited to the Town), and any agency, department, commission, board, bureau, or
instrumentality of any of them, and any independent electric system operator.
“Hazardous Materials” means those substances defined, classified, or otherwise denominated as a “hazardous
substance,” “toxic substance,” “hazardous material,” “hazardous waste,” “hazardous pollutant,” “toxic pollutant” or oil in the
Applicable Legal Requirements or in any regulations promulgated pursuant to the Applicable Legal Requirements.
“Interest Rate” means a fluctuating interest rate per annum equal to the sum of the lesser of (i) the Prime Rate as stated
in the “Bonds, Rates & Yields” section of The Wall Street Journal on the Effective Date and thereafter on the first day of every
calendar month, plus two (2) percentage points, or (ii) the maximum rate permitted by Applicable Legal Requirements. In the
event that such rate is no longer published in The Wall Street Journal or such publication is no longer published, the Interest
Rate shall be set using a comparable index or interest rate selected by Town and reasonably acceptable to Entity Name. The
Interest Rate hereunder shall change on the first day of every calendar month. Interest shall be calculated daily on the basis
of a year of 365 days and the actual number of days for which such interest is due. In no case shall the Interest Rate for this
Agreement be less than XX% per year.
“Landfill” means the landfill on the Premises, including, without limitation, any waste and other materials within such
landfill, the landfill cap, the area below such membrane, any fill placed over the membrane and all structures, equipment,
fixtures and improvements installed on the Premises by the Town and/or its agents and/or contractors, including without
limitation the landfill cap, drainage, and gas venting structures and apparatus referenced in the closure plan with respect to
such landfill. To avoid doubt, “Landfill” does not include the System.

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 “Landfill Closure Plan” means the closure plan required by the December 14, 1988 NYS DEC order of consent and
approved by the NYS DEC, as same may be amended from time to time with the approval of the NYS DEC.
“LDC” means the regulated electric local distribution company that provides electric distribution service to the
municipality in which Town is located, which as of the Effective Date is Local Distribution Company/ Local Utility Company.
“LDC System” means the electric distribution system operated and maintained by the LDC.
“Lease Area” means the portion of the Premises in which the Town grants Entity Name a lease to allow the installation,
operation, repair and removal of the System, which area shall include the Easements, and means the real property depicted
in the plan attached as Exhibit B until the Lease Area is further defined as follows: Within sixty (60) days of the Commercial
Operation Date, Entity Name shall, solely at its’ expense, obtain a survey of the portion of the Premises determined to be the
final Lease Area, and that survey or plot plan shall be an amendment to this Agreement as a new Exhibit B, and the Lease
Area shall then mean the portion of the Premises defined by the survey. Further, the Lease Area does not consist of any
portion of the Landfill but does include any areas impacted by incidental subsurface penetration in installing the System in
accordance with the Projects Plans and Applicable Legal Requirements.
“NYS DEC” means the New York State Department of Conservation.
“Entity Name Indemnified Parties” shall have the meaning set forth in § 13.2.
“Entity Name’s Maintenance Obligations” shall have the meaning set forth in § 5.1.1.
“Entity Name Property” shall have the meaning set forth in § 2.6.1. “Permitted Repair Period” shall have the meaning set
forth in § 11.2.
“Person” means any individual, partnership, corporation, limited liability company, business trust, joint stock company,
trust, unincorporated association, joint venture, firm, or other entity, or a Governmental Authority.
“Premises” has the meaning set forth in Exhibit A and shall include the Lease Area.
“System” means the solar electric generating facility to be installed in the Lease Area, including but not limited to the
System Assets, which produces electricity.
“System Assets” means each and all of the assets of which the System is comprised, including Entity Name’s solar
energy panels, mounting systems, carports, tracking devices, inverters, integrators and other related equipment and
components installed on the Premises, electric lines and conduits required to connect such equipment to the LDC delivery
point, protective and associated equipment, improvements, metering devices, fencing and other tangible and intangible
assets, including System electricity production and Environmental Attributes, and permits, property rights and contract rights
reasonably necessary for the construction, operation, and maintenance of the System.
“Term” shall have the meaning set forth in § 3.1 herein.
“Term Rent” means, after the Commercial Operation Date, an annual amount equal to $XX escalating at X% annually. The
Town acknowledges that this rent constitutes fair market value rent payable in an arms-length transaction.
“Termination Date” means the earlier to occur of (i) the last day of the Term, and (ii) the date of termination of this
Agreement as the result of an Event of Default.

1.2 Rules of Interpretation.

Section headings are for convenience only and shall not affect the interpretation of this Agreement. References to sections
are, unless the context otherwise requires, references to sections of this Agreement. The words “hereto”, “hereof” and
“hereunder” shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The word
“including” shall be deemed to be followed by the words “without limitation”. In the event of any conflict between the text of
this Agreement and the contents of an Exhibit hereto, the text of this Agreement shall govern.

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 ARTICLE 2 - THE PREMISES

2.1 Lease Area.

The Town, for and in consideration of the covenants and agreements on the part of Entity Name contained in this Agreement,
does hereby lease to Entity Name, and Entity Name does hereby take from the Town, upon and subject to the conditions
hereinafter expressed, the Lease Area for the sole and exclusive use of constructing, operating, maintaining, repairing and
removing the System. Entity Name’s use of the Lease Area is subject to all Applicable Legal Requirements

2.2 Easements.
The Town further grants the following easements (“Easements”) to Entity Name, during the period commencing on the
Effective Date of this Agreement and ending upon the expiration or earlier termination of the Term:
2.2.1 a non-exclusive easement for access to the Lease Area across or through the external portion of the Premises
and any surrounding or adjacent area owned or leased by the Town which is necessary in such location and of such
dimensions as determined by the LDC and approved by the Town, which approval shall not be unreasonably withheld,
conditioned or delayed by the Town in its reasonable discretion, to gain access to the System;
2.2.2 a non-exclusive use right of an area on the Premises to be used solely for System construction, repair and
removal; and
2.2.3 an easement for the installation, operation and maintenance of electric lines necessary to interconnect the
System to the LDC’s electric distribution System in such location and of such dimensions as determined by the Town in its
reasonable discretion which shall not be unreasonably withheld, conditioned or delayed.
2.2.4 The preliminary location of such Easements are set forth on Exhibit B attached hereto and such Exhibit will
be supplemented prior to the start of construction of the System subject to the approval of the Town which shall not be
unreasonably withheld.

2.3 File Notice of Lease.

Parties agree that this Agreement shall not be recorded, but the Parties shall execute and record a Notice of Lease that shall
describe the Lease Area and Easements and shall otherwise be reasonably acceptable to both Parties. Any subsequent
amendments of this Agreement, including all easements subsequently entered into in accordance with ARTICLE 3 hereof,
shall be reflected by filing with the County an appropriate Notice of Amendment to Lease. All recordation shall be at Entity
Name’s expense.

2.4 Town Representations and Warranties.

The Town represents and warrants that:
2.4.1 It has no knowledge of any violation of the Landfill Closure Plan with respect to Premises and no event or
condition has occurred which with the passage of time or giving of notice would constitute such a violation;
2.4.2 It has no knowledge of any violations of Applicable Legal Requirements with respect to the Premises or any
event or condition having occurred which with the passage of time or giving of notice would constitute such a violation.

2.5 As-Is Lease of the Lease Area and Easements.

2.5.1 Entity Name accepts the Lease Area after a full and complete examination thereof, as well as the title thereto, and
knowledge of its present uses and non-uses. Except as expressly provided herein, Entity Name accepts the Lease Area in the
condition or state in which it now is without any representation or warranty, express or implied in fact or by law, by the Town
or any person purporting to represent the Town and without recourse against the Town, as to the title thereto, the nature,
condition or usability thereof or the suitability of the Lease Area for the use or uses to which the Lease Area or the Premises
or any part thereof may be put as authorized hereby.

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 2.5.2 Except as expressly provided herein, the Town shall not be required to furnish any services or facilities or to
make any repairs or alterations in or to the Lease Area or the Premises.
2.5.3 Notwithstanding anything contained in this ARTICLE 2, neither Entity Name nor any entity which enters into
a sublease with Entity Name with respect to all or any portion of the Premises, shall be liable for: (i) the Landfill; (ii) any
conditions on the Premises arising from or related to acts or omissions occurring prior to the Effective Date or (iii) any
“release” of any Hazardous Materials from the Premises from the Landfill, unless, and to the extent, caused wholly or partly by
Entity Name or any of its related entities, contractors, invitees or licensees.
2.5.4 The parties acknowledge that since this Lease Area is a landfill, that Town is required by law to monitor and/or
maintain the Lease Area. Thus, so far as between the Parties, Entity Name shall, at its sole cost and expense, maintain and
operate the System which shall not penetrate the cap of the landfill. Town shall continue to maintain and operate the landfill.
Entity shall maintain the ground cover, including regular mowing of vegetation consistent with the operation requirements of
a photovoltaic system. Jurisdiction shall have the right to enter on the premise to maintain and monitor the cap as needed,
provided that they provide reasonable notice of their entrance.

2.6 Ownership of the System.

2.6.1 Title to System. Subject to the rights provided to the Town pursuant to other terms hereof, the System and
all alterations, additions, improvements or installations made thereto by Entity Name and all Entity Name property used in
connection with the installation, operation and maintenance of the System is, and shall remain, the personal property of
Entity Name (“Entity Name Property”). In no event shall any Entity Name Property be deemed a fixture, nor shall the Town, nor
anyone claiming by, through or under the Town (including but not limited to any present or future mortgagee of the Premises)
have any rights in or to the Entity Name Property at any time except as otherwise provided herein. Except as provided
otherwise herein, the Town shall have no ownership or other interest in the System or any System Assets or other equipment
or personal property of Entity Name installed on the Premises, and Entity Name may remove all or any portion of the System
or any System Assets at any time and from time to time as further provided in and subject to, this Agreement. Without limiting
the generality of the foregoing, Town hereby waives any statutory or common law lien that it might otherwise have in or to the
System and other System Assets or any portion thereof, but such waiver shall not extend to claims by the Town in the System
Assets based upon a default by Entity Name hereunder.
2.6.2 Security Interests in System. The Town acknowledges and agrees that Entity Name may grant or cause to be
granted to a lender a security interest in the System and in Entity Name’s rights to payment under the Agreement, and Town
expressly disclaims and waives any rights in the System at law or in equity pursuant to this Agreement. Any security interest
shall be subordinate to the interest of the Town in the Premises and subject to the terms and conditions of this Agreement;
provided however the Town shall execute, or use best efforts to cause any holder of an interest in the Premises senior to
that of Entity Name to execute, a form of a non-disturbance agreement reasonably acceptable to the Financing Party and the
Town or such other holder.

2.7 No Expenditures.
Entity Name and the Town acknowledge and agree that the Town shall not be required, except as expressly provided herein,
to make any expenditure, incur any obligation, or incur any liability of any kind whatsoever in connection with this Agreement
or the ownership, construction, operation, maintenance, repair, or removal of the System

2.8 No Additional Use.

Except with the prior express written consent of the Town, Entity Name shall not use the Lease Area for any use other than
the installation, operation, maintenance, repair and removal of the System.

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 ARTICLE 3 – TERM

3.1 Term.
The term of this Agreement (the “Term”) shall commence on the Effective Date and shall remain in effect until the twenty fifth
(25th) anniversary of the Commercial Operation Date.

3.2 Termination.
If Lessee delivers the Exercise Notice prior to the Commercial Operation Date, then Lessee shall have the option, in its sole
discretion, to terminate the Agreement at any time before the Commercial Operation Date.

3.3 Late Payment.

If any payment is not paid when due under this Agreement, it shall earn interest at the rate of the lesser of (i) XX (XX%) per
month (and pro-rated for a partial month) and (ii) the maximum amount allowed by law from the time when the payment was
due until the time it is paid.

ARTICLE 4 – RENT

4.1 The Development Period Payment.

Entity Name shall pay the Development Period Payment. The Development Period Payment, prorated for the number of days
from the Effective Date to the Commercial Operation Date, shall be due on the Commercial Operation Date. Following the
Commercial Operation Date, the Development Period Payment shall cease.

4.2 The Term Rent.

Entity Name shall pay the Term Rent. The payment of the Term Rent shall be payable in advance and due annually no later
than XX (XX) days following the annual anniversary of the Commercial Operation Date.

4.3 Term Rent Adjustment.

The Term Rent shall increase by an amount of XX% per year starting on the first (1st) anniversary of the Commercial Operation
Date.

ARTICLE 5 – DUTIES OF PARTIES

5.1 Maintenance; Repairs; Non Interference.

5.1.1 Entity Name shall, at its sole cost and expense, (i) take good care of the System, conduct all required
maintenance of the System and make all repairs thereto, interior and exterior, structural and non-structural, ordinary and
extraordinary, foreseen and unforeseen, and shall maintain and keep the System in safe, first class order, repair and condition,
free and clear of any hazards or dangerous conditions and (ii) mow the grass and otherwise maintain all vegetation and
otherwise comply with all standards and conditions required under the Legal Obligations, applicable to the operation
and maintenance of the System including without limitation standards recommended by the NYS DEC (the “Entity Name
Maintenance Obligations”)
5.1.2 Except as expressly provided in § 5.1.1 or elsewhere in this Lease, the Town will continue to have responsibility for
all obligations with respect to the Landfill, including maintaining the Landfill and making all repairs and replacements to the
Landfill, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, except to the
extent of any required as a result of any act, or failure to act, by Entity Name or any of its related entities, contractors, invitees
or licensees, and except any required in connection with Entity Name’s activities pursuant to and in accordance with this
Agreement.
5.1.3 Nothing in this Agreement shall limit the Town’s ability and obligation to maintain the Premises in a reasonable
manner consistent with the Town’s current and past practices and the terms of this Agreement.

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 5.1.4 To the extent required to comply with Applicable Legal Requirements, the Town may construct, reconstruct,
modify or make alterations to the Premises; provided, however, that in no event shall such activities shade the System
or otherwise materially interfere with the operation of the System or Entity Name’s rights hereunder. Any such material
interference with the operation of the System or Entity Name’s rights hereunder which is caused by a Town Event of Default
shall be governed by ARTICLE 10.
5.1.5 Entity Name shall make all arrangements for and pay directly to the entity providing the service, before
delinquent, all charges for all utilities and services furnished to or used by it, including without limitation, gas, electricity, water,
steam, telephone service, trash collection and connection charges. The Town shall have no duty or liability to Entity Name
with respect to the maintenance, repair, upgrade, or replacement of any utilities, including, without limitation, any electrical
transmission or distribution lines, whether such lines are owned by the Town or any third party. In the event that Entity Name
desires to undertake maintenance, repair, upgrade, replacement or security activities with respect to electrical transmission or
distribution lines owned by the Town, Entity Name may do so at Entity Name’s expense subject to the prior written approval of
the Town, which shall not be unreasonably withheld.
5.1.6 Extension Option. Entity Name shall have the option to extend the Lease Term for up to four (4) additional and
successive period of five (5) years beginning on the day following the Expiration Date of the then-current Lease Term, by
giving notice (the “Extension Exercise Notice”) to Town no less than ninety (90) days prior to the then-current Expiration Date,
and without the requirement of any further action on the part of either Town or Entity Name.

5.2 Compliance with Laws; Professional Standards.

5.2.1 Entity Name, at Entity Name’s expense, shall diligently and fully comply with all Applicable Legal Requirements
governing its use and occupancy of the Lease Area and the construction, maintenance, repair, and removal of the System.
In addition, Entity Name shall ensure that the System is operated and maintained in a professional manner by appropriately
trained and qualified individuals.
5.2.2 The Town, at the Town’s expense, shall diligently and fully comply with all Applicable Legal Requirements
governing the Landfill, including the closure of the Landfill and the maintenance, repair and upkeep of the Landfill, except
to the extent of conditions caused wholly or partly by any act, or failure to act, by Entity Name of any of its related entities,
contractors, invitees, or licensees. In addition, the Town shall ensure that such obligations are performed in a professional
manner by appropriately trained and qualified individuals.

ARTICLE 6 – CONSTRUCTION AND OPERATION OF PERMITTED USE

6.1 General Description.

Except as otherwise specified herein, the System shall conform to Exhibit B of this Agreement. Any material modification or
deviation from the design as depicted in Exhibit B shall require the subsequent consent of the Town, which consent will not
be unreasonably withheld, conditioned or delayed.

6.2 Governmental Approval.

Except as otherwise specified herein, or otherwise obtained prior to the Effective Date, Entity Name will obtain at its sole
cost all approvals and permits required under the Applicable Legal Requirements for Entity Name’s use of the Lease Area for
the System from any Governmental Authority having jurisdiction. Entity Name will promptly inform the Town of all significant
developments relating to the issuance of such approvals or permits. The Town will reasonably cooperate with Entity Name in
procuring such approvals, except as expressly set forth herein this Agreement does not impose an affirmative obligation on
the Town to issue or procure any approval or to engage in any action or inaction inconsistent with the proper exercise of the
Town’s regulatory authority). If any changes in such plans and/or specifications are required by any Governmental Authority,
then Entity Name shall submit such changes, if any, to the Town for its approval, and such approval shall not be unreasonably
conditioned, withheld or delayed. Entity Name will be required to keep any such approvals current and in full effect during
the Term.

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6.3 Completion Requirements.
Entity Name may perform construction at the Premises between the hours of 7:00 a.m. and 7:00 p.m., Monday through
Saturday, unless otherwise limited by local ordinance and shall do so in reasonable coordination with the Town and in a
manner which limits inconvenience to and interference with the Town and the Town’s invitees’ and employees’ use of the
Premises to the extent commercially practical. Entity Name shall grant the Town and its authorized representative’s access to
and the right, but not the obligation, to observe installation and any significant repairs to or replacement of the System at all
times provided that neither the Town nor its authorized representatives shall interfere with the installation or repair work or
use or move any Entity Name equipment or the System without written authorization from Entity Name.

6.4 Access to and Use of the Premises.

Entity Name and its sub-contractors, agents, consultants, and representatives shall have reasonable access at all reasonable
times (including under emergency conditions) to the Lease Area for the purpose of construction, operation, inspection,
maintenance, repair and removal of the System, and to any documents, materials and records of the Town relating to the
Premises that Entity Name reasonably requests in conjunction with these activities. During any such activities, Entity Name,
and its sub-contractors, agents, consultants and representatives shall comply with the Town’s reasonable safety and security
procedures (as may be promulgated from time to time), and Entity Name and its sub-contractors, agents, consultants and
representatives shall conduct such activities in such a manner and such a time and day as to cause minimum interference
with the Town’s other activities.
Through the Option Term and Lease Term and through the Removal Date, Entity Name shall have the rights to perform (or
cause to be performed) all tasks necessary or appropriate, as reasonably determined by Lessee, to carry out the activities
set forth in the Agreement, including, without limiting the generality of the foregoing, the right (i) to design, construct, install,
and operate the System, (ii) to maintain, clean, repair, replace, add to, remove or modify the System or any part thereof as
determined to be necessary by Entity Name in its sole discretion and in accordance with the Permits and Applicable Laws,
(iii) to use any and all appropriate means of restricting access to the System and Premises, including without limitation,
the construction of a fence or other encumbrances existing on the Premises determined to be necessary by lessee in its
sole discretion and in accordance to the Permits and Applicable Laws. Except as may otherwise be specifically agreed
upon by the Parties or as expressly set forth herein, Entity Name shall be responsible for all costs of designing, permitting,
construction, installation, operation, and maintenance of the System, and System Removal.

6.5 As-built Plans.

Within ninety (90) days following the issuance of the Completion Notice, Entity Name shall prepare and deliver to the Town
detailed as-built plans accurately depicting the System including, without limitation, all wiring, lines, conduits, piping and other
structures or equipment, certified to the Town. Entity Name shall also deliver to the Town a certification from its engineer, who
shall be duly licensed in the State of New York, that the System has been constructed in accordance with all approved plans
and specifications.

6.6 Operations.
Entity Name shall submit to the Town annually a written summary of operations which shall include any material modifications
and a summary of the amount of production for the preceding twelve (12) months.

6.7 Removal of the System.

6.7.1 Within ten (10) days following the anniversary of the Commercial Operation Date, if the Parties have determined
that this Agreement will definitely terminate at the 25th anniversary of the Commercial Operation Date without extension
or replacement and that the Town has determined that it wishes that the System be removed from the Premises at the
Termination Date of this Agreement, then (i) Entity Name shall provide to the Town the estimated cost of System removal, and
(ii) the Parties shall meet and discuss the options for removal of the System, and (iii) if the Town requests, Entity Name shall
post a bond or provide another financial assurance to the Town, in form and amount reasonably satisfactory to the Town, to
demonstrate its ability to satisfy the financial costs of the removal of the System from the Premises. Upon the Termination
Date, Entity Name shall at its sole cost and expense remove from the Premises all of the tangible property comprising the
System, including but not limited all structures built by the Entity Name, any fencing and/or barriers to secure the System and

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any System mounting and other support structures, not later than 360 days after such Termination Date and shall return the
Lease Area to the same condition as it was in on the Effective Date (including uniform grass coverage for areas impacted)
except for any reasonable use and wear or damage by casualty or eminent domain. Lessee shall return the Premises “as is”
with all vegetation, trails or roadways, utilities and site conditions existing as of the expiration of the Lease Term and shall
have no obligation to restore the Premises to their condition prior to the Effective Date.
6.7.2 Entity Name shall repair any damage it causes in connection with such removal not related to ordinary use and
wear at its sole cost and expense.
6.7.3 If Entity Name fails to remove or commence substantial efforts to remove the System within 180 days of the
expiration of the date that the Agreement terminates, the Town shall have the right, at its option, to possession, use of and
ownership of the System including the right, without limit, to remove and to sell same, and restore the Lease Area to its
original condition (other than ordinary wear and tear) and Entity Name shall reimburse the Town for reasonable out-of-pocket
costs and expenses incurred by the Town in removing, storing and selling the System and in restoring the Lease Area.
6.7.4 The provisions of this Section 6.7 shall survive the Termination Date of this Agreement.

ARTICLE 7 – LIENS

7.1 No Liens.
Entity Name shall not create, or suffer to be created or cause to remain, and shall promptly discharge, any mechanic’s,
laborer’s or materialman’s lien, or any other lien upon the Premises and Entity Name will not suffer any other matter or thing
arising out of Entity Name’s use and occupancy of the Premises whereby the estate, rights and interests of the Town in the
Premises or any part thereof might be impaired, except in accordance with and subject to the provisions of this Agreement.

7.2 Discharge.
If any mechanic’s, laborer’s or materialman’s or other lien shall at any time be filed against the Premises, Entity Name, within
sixty (60) days after notice to Entity Name of the filing thereof, shall cause such lien to be discharged of record by payment,
deposit, bond, insurance, order of court of competent jurisdiction or otherwise. If Entity Name shall fail to cause such lien
to be discharged within the period aforesaid, then, in addition to any other right or remedy, the Town may, but shall not be
obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by
deposit or by bonding. Any amount so paid by the Town and costs reasonably incurred by the Town in connection therewith,
together with interest thereon at the Interest Rate from the respective dates of the Town’s making of the payment of the cost
and expenses, shall be paid by Entity Name to the Town within ten (10) Business Days of the Town’s invoice therefor.

7.3 Town’s Obligations.

The Town shall not directly or indirectly cause, create, incur, assume or suffer to exist any liens on or with respect to the
System or any interest therein.

ARTICLE 8 – RIGHT TO INSPECT AND ENTER

8.1 Inspection and Entry.

During the course of construction and completion of the System and any substantial alteration thereto, Entity Name shall
maintain all plans, shop drawings, and specifications relating to such construction which the Town, whose agents or
contractors may examine at reasonable times upon reasonable prior notice for the purpose of determining whether the work
conforms to the agreements contained or referenced in this Agreement. The Town may, upon reasonable prior notice to
Entity Name by telephone or otherwise, enter upon the Lease Area and inspect the System for the purpose of ascertaining its
condition or whether Entity Name is observing and performing the obligations assumed by it under this Agreement, all without
hindrance or molestation from Entity Name. Entity Name shall obtain the Town’s prior written approval of any proposed
substantial alteration, other than alterations required by any Applicable Legal Requirement, and such approval shall not be
unreasonably withheld, conditioned or delayed.

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8.2 Notice of Damage.
The Town shall promptly notify Entity Name of any matter it is aware of pertaining to any damage to or loss of the use of the
System or that could reasonably be expected to adversely affect the System.

ARTICLE 9 – ASSIGNMENT AND SUBCONTRACTING

9.1 Successors and Assigns; Subcontracting.

This Agreement shall inure to the benefit of and shall be binding upon the Parties and their respective permitted successors
and assigns; provided, that Entity Name in its discretion may elect to use such certified and licensed subcontractors as it
may choose in performing any of its obligations hereunder and performance of any obligation of Entity Name by any such
subcontractor shall satisfy such obligation to the extent of such subcontractor’s performance.
9.1.1 Assignment by Town. The Town shall not sell, transfer, assign, pledge or cause to be assumed (together,
“Assign”; and any such action, an “Assignment”) this Agreement, in whole or in part, without the prior written consent of
Entity Name and its applicable Financing Parties.
9.1.2 Assignment by Entity Name. Entity Name may with the prior written notice to and the prior written consent of,
the Town in each instance, except as provided for in §9.2 this ARTICLE 9, assign this Agreement, in whole or in part. Any
assignment shall be conditioned upon the assignee explicitly assuming in writing all of Entity Name’s obligations under
this Agreement. Entity Name shall deliver to the Town thirty days’ (30) advance written notice of its intent to assign this
Agreement. Entity Name shall also have the right to enter into one or more subleases with respect to this Agreement and/or
to assign any rights under this agreement to any purchaser(s) of metering credits.

9.2 Consent to Assignment for Financing or Leasing.

Entity Name may seek financing for the ownership of all or a portion of the System under this Agreement, whether by a
sale-leaseback of all or a portion of the System from an Equipment Leasing Party or entering into other arrangements with a
Financing Party in the form of an equipment lease, finance lease, debt, equity, tax equity or other financing arrangement. Entity
Name may collaterally assign or assign fully in connection with any financing of the System (which may, in connection with such
Assignment, permit the Financing Party to further assign collaterally), its rights, and/or obligations hereunder for purposes of
securing such financing or leasing arrangement. The Town hereby consents to any such Assignment, provided that:
9.2.1 Such Assignment shall not create any lien or other encumbrance on the Premises other than Entity Name’s rights
and obligations contemplated in this Agreement nor on any other real or personal property located on the Premises other
than the System; and all provisions regarding the entry onto and use of the applicable Lease Area shall remain in effect;
9.2.2 If Entity Name assigns this Agreement, or any portion hereof, to a Financing Party as provided herein, the Town
acknowledges and agrees that such Financing Party shall not be personally liable for the performance of such assigned
obligations hereunder except to the extent of the interest of the Financing Parties in the System. Notwithstanding any such
Assignment to one or more Financing Parties or a designee thereof, Entity Name shall not be released and discharged from
and shall remain liable for any and all obligations to the Town arising or accruing hereunder (and, in the case of a partial
Assignment, for the obligations accruing after the date of such Assignment with respect to obligations accruing under the
unassigned portion of the Agreement).
9.2.3 The Town agrees to sign, execute and deliver or cause to be delivered each such consent to assignment, legal
opinion, instrument or other document as Entity Name or its Financing Parties, if any, may reasonably request to satisfy the
requirements of any Financing Party with respect to or in connection with any financing or leasing of the System. The Town
also agrees, to the extent required by a Financing Party, if any, to provide Entity Name and/or a Financing Party with such
information about the Town or the Premises as Entity Name, a Financing Party may reasonably request, provided that Entity
Name shall be responsible for any expense incurred by Town in connection therewith, and provided further that the Town
shall not be required to disclose any information deemed confidential under any Applicable Law.
9.2.4 Entity Name shall be responsible to reimburse the Town for all costs and expenses incurred in connection
with the Town’s obligations hereunder in connection with any System Financing including, without limitation by reason of
specification, reasonable attorney, engineer and other consultant fees and disbursements.

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9.3 Rights of Financing Parties.
9.3.1 Rights Upon Event of Default. Notwithstanding any contrary term of this Agreement:
(a) The Financing Party, as owner of the System, or as collateral assignee of this Agreement, shall be entitled
to exercise, in the place and stead of Entity Name, any and all rights and remedies of Entity Name under this Agreement in
accordance with the terms of this Agreement. The Financing Party shall also be entitled to exercise all rights and remedies of
owners or secured parties, respectively, generally with respect to this Agreement and the System;
(b) The Financing Party shall have the right, but not the obligation, to pay all sums due under this Agreement
and to perform any other act, duty or obligation required of Entity Name thereunder or cause to be cured any default of Entity
Name hereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Financing
Party to cure any default of Entity Name under this Agreement or (unless the Financing Party has succeeded to Entity Name’s
interests under this Agreement) to perform any act, duty or obligation of Entity Name under this Agreement, but the Town
hereby gives it the option to do so;
(c) Upon the exercise of remedies, including any sale of the System by the Financing Party, whether by judicial
proceeding or under any power of sale contained therein, or any conveyance from Entity Name to the Financing Party (or any
assignee of the Financing Party) in lieu thereof, the Financing Party shall give notice to the Town of the transferee or assignee
of this Agreement. Any such exercise of remedies shall not constitute a default under this Agreement;
(d) Upon any rejection or other termination of this Agreement pursuant to any process undertaken with respect
to Entity Name under the United States Bankruptcy Code, at the request of Financing Party made within ninety (90) days
of such termination or rejection, the Town shall enter into a new agreement with Financing Party or its assignee having
substantially the same terms and conditions as this Agreement.
9.3.2 Right to Cure.
(a) Town will not exercise any right to terminate or suspend this Agreement unless it shall have given the
Financing Party prior written notice of its intent to terminate or suspend this Agreement, as required by this Agreement,
specifying the condition giving rise to such right, and the Financing Party shall not have caused to be cured the condition
giving rise to the right of termination or suspension within thirty (30) days after such notice or (if longer) the periods provided
for in this Agreement; provided that if such Entity Name default reasonably cannot be cured by the Financing Party within
such period and the Financing Party commences and continuously and diligently pursues curing of such default within such
period, such period for cure will be extended for a reasonable period of time under the circumstances, such period not to
exceed additional ninety (90) days. The Parties’ respective obligations will otherwise remain in effect during any cure period.
(b) If the Financing Party or its assignee (including any purchaser or transferee), pursuant to an exercise of
remedies by the Financing Party, shall acquire title to or control of Entity Name’s assets and shall, within the time periods
described in this Agreement, cure all defaults under this Agreement existing as of the date of such change in title or control in
the manner required by this Agreement and which are capable of cure by a third person or entity, then such Person shall no
longer be in default under this Agreement, and this Agreement shall continue in full force and effect.

ARTICLE 10 – DEFAULT AND REMEDIES

10.1 Entity Name Events of Default and Town Remedies.

10.1.1 Entity Name Events of Default. Entity Name shall be in default of this Agreement (a “Entity Name Event of
Default”) if any of the following shall occur:
(a) Entity Name fails to pay when due any sum of money becoming due to be paid to the Town under this
Agreement, whether such sum be any installment of the rent reserved by this Agreement, any other amount treated as
additional rent under this Agreement, or any other payment or reimbursement to the Town required by this Agreement,
whether or not treated as additional rent under this Agreement, and such failure shall continue for a period of twenty (20)
business days after written notice that such payment was not made when due;
(b) Entity Name fails to perform or observe any material term or condition of this Agreement, including any
violation by Entity Name of Applicable Legal Requirements and/or any negligent or wrongful actions by Entity Name which
cause damage to the membrane or other landfill feature which violates the NYS DEC closure plan with respect to the Landfill

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and such failure is not cured within thirty (30) days after written notice of such failure to Entity Name, which period shall
be extended for an additional period not to exceed thirty (30) days if such failure cannot be cured within such initial 30-
day period provided Entity Name has commenced such cure within such period and is diligently prosecuting the same to
completion;
(c) Entity Name is Bankrupt;
(d) Entity Name vacates or abandons the Premises;
(e) Entity Name’s interest in this Agreement devolves upon or passes to any Person, whether by operation or
law or otherwise, except as expressly permitted hereunder.
10.1.2 Town Remedies. Upon a Entity Name Event of Default, the Town shall have the option to pursue any one or more
of the following remedies without any notice or demand whatsoever, concurrently or consecutively and not alternatively:
(a) the Town may terminate this Agreement;
(b) Upon any termination of this Agreement, whether by lapse of time or otherwise, Entity Name shall surrender
possession and vacate the Lease Area immediately and deliver possession thereof to the Town, and the Town may enter
into and upon the Lease Area in such event and to repossess the Lease Area and to expel or remove Entity Name and any
others who may be occupying or be within the Premises, and to remove Entity Name’s signs and other evidence of tenancy
and all other property of Entity Name therefrom, subject only to the provisions in § 6.6 on Removal of the System, without the
Town being deemed in any manner guilty of trespass, eviction or forcible entry or detainer and without incurring any liability
for any damage resulting therefrom, Entity Name waiving any right to claim damages for such re-entry and expulsion, and
without relinquishing the Town’s right to rent or any other right given to the Town under this Agreement or by operation of
law. The Town may, but need not, enter into a new lease of the Lease Area or any part thereof for such rent and upon such
terms as the Town, in its sole discretion, shall determine (including the right to re-lease the premises upon such terms as the
Town desires, including without limitation a greater or lesser rent, or for a greater or lesser term than that remaining under
this Agreement and the right to change the character or use made of the Premises). In connection with or in preparation for
any re-leasing, the Town may, but shall not be required to, make repairs or alterations to the Premises to the extent the Town
deems necessary or desirable, and Entity Name shall, upon demand, pay the cost thereof, together with Town’s expenses of
re-leasing;
(c) Until such time as the Town shall elect to terminate the Agreement and shall thereupon be entitled to
recover the amounts specified herein, Entity Name shall pay to the Town upon demand the full amount of all rent, including
any amounts treated as additional rent under this Agreement and other sums reserved in this Agreement for the remaining
Term, together with the costs of repairs or alterations and the Town’s expenses of re-letting and the collection of the rent
accruing therefrom (including attorney’s fees and disbursements), as the same shall then be due or become due from time
to time, less only such consideration as the Town may have received from any re-leasing of the Premises; and Entity Name
agrees that the Town may file suits from time to time to recover any sums falling due under this section as they become due.
Any proceeds of re-leasing by the Town in excess of the amount then owed by Entity Name to the Town from time to time
shall be credited against Entity Name’s future obligations under this Agreement (unless previously terminated) but shall not
otherwise be refunded to Entity Name or inure to Entity Name’s benefit;
(d) the Town, without being under any obligation to do so and without waiving any Entity Name default, may
remedy any state of facts constituting a default for the account of Entity Name, immediately upon notice in the case of
emergency or if necessary to protect public health or safety, or to avoid forfeiture of a material right, or in any other case,
but only provided Entity Name shall have failed to remedy such default within thirty (30) days, or such longer period as may
be required due to the nature of such other default (provided Entity Name has commenced and is diligently prosecuting a
cure), after the Town notifies Entity Name in writing of the Town’s intention to remedy such other default. All costs reasonably
incurred by the Town to remedy such default (including, without limitation, all reasonable and documented attorney’s fees and
disbursements), shall be at the expense of Entity Name;
(e) Regardless of whether the Town exercises its rights pursuant to § of this Agreement, it shall have the right,
but not the obligation, and to the extent permitted by Applicable Legal Requirements, to take possession of the System until
Entity Name demonstrates to the reasonable satisfaction of the Town that the events giving rise to the Event of Default have
been cured, and that Entity Name has taken all reasonably necessary steps to ensure that such events shall not re-occur.
The Town shall not be liable to Entity Name for any damages, losses or claims sustained by or made against Entity Name

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as a result of the Town’s exercise of possession and operational control of the System except to the extent such damages,
losses or claims result from the negligence or willful misconduct of the Town. The Town shall, if taking operational control
of the System, recognize the right of any subtenant of which the Town has actual knowledge if such subtenant is then in full
compliance with all of its obligations under the applicable sublease of the Premises. The Town shall, however, be entitled
to demand that any payments due to Entity Name from any such subtenant be made to Town until the Event of Default has
been cured. No subtenant shall incur any liability to Entity Name by reason of compliance or non-compliance with any such
demand;
(f) If, on account of any breach or default by Entity Name in Entity Name’s obligations under the terms and
conditions of this Agreement, it shall become necessary or appropriate for the Town to employ or consult with an attorney
concerning, or to enforce or defend, any of Town’s rights or remedies arising under this Agreement or to respond to or
interpret an inquiry of Entity Name under the Agreement, Entity Name agrees to pay all of the Town’s attorney’s reasonable
and documented fees and court costs so incurred. Entity Name expressly waives any right to trial by jury.
10.1.2 Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided in this
Agreement or any other remedies provided by law (all such remedies being cumulative), nor shall pursuit of any remedy
provided in this Agreement constitute a forfeiture or waiver of any rent due to the Town under this Agreement or of any
damages accruing to the Town by reason of the violation of any of the terms, provisions and covenants contained in this
Agreement.
10.1.3 No act or thing done by the Town or any of its agents, officers or employees during the Term shall be deemed
a termination of this Agreement or an acceptance of the surrender of the Premises, and no agreement to terminate this
Agreement or accept a surrender of said Premises shall be valid, unless in writing signed by the Town.

10.2 Town Events of Default and Entity Name Remedies.

10.2.1 Town Events of Default. The Town shall be in default of this Agreement (a “Town Event of Default”) if any of the
following shall occur:
(a) Any representation or warranty by the Town herein is incorrect or incomplete in any material way, or omits to
include any information necessary to make such representation or warranty not materially misleading, and such defect is not
cured within fifteen (15) days after receipt of notice from Entity Name identifying the defect;
(b) the Town obstructs installation of the System or fails to take any actions necessary for the interconnection of
the System required hereunder;
(c) The Town fails to perform or observe any material term or condition of this Agreement including, without
limitation, violation of any Applicable Legal Requirements which materially interferes with the operation of the System with
respect to the Landfill or the Landfill Closure Plan and such failure is not cured within: (A) thirty (30) days if the failure involves
a failure to make payment when due or maintain required insurance; or (B) sixty (60) days if the failure involves an obligation
other than payment, after receipt of notice from Entity Name identifying the failure, unless the Town, prior to the expiration of
either of said periods, contests any claimed failure on its part and thereafter continues to diligently do so;
(d) the Town is Bankrupt;
(e) the Town’s interest in this Agreement devolves upon or passes to any Person, whether by operation or law
or otherwise, except as expressly permitted hereunder.
10.2.2 Entity Name Remedies. Upon a Town Event of Default, Entity Name may exercise any one or more of the
following remedies:
(a) terminate this Agreement; and/or
(b) pursue any other remedies available at law or in equity.

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 ARTICLE 11 – CASUALTY; FORCE MAJEURE
11.1 If the Premises is damaged by fire or other casualty whatsoever so that such damage may reasonably be expected to
materially and adversely disrupt the Entity Name’s operations at the Premises for more than three hundred and sixty
five (365) consecutive days, then the Entity Name may at any time following such fire or other casualty so long as such
material and adverse disruption is continuing, terminate this Agreement upon sixty (60) days written notice to the Town.
11.2 In the event of the damage to or destruction of the Landfill and/or the System by fire, explosion, the elements or
otherwise during the Term, or such partial damage or destruction thereof as to render the Lease Area and/or the
System wholly untenantable or unfit for occupancy, or should the Landfill be so badly damaged that the same cannot
(notwithstanding the Town’s exercise of due diligence) be repaired within the “Permitted Repair Period” or should the
System be so badly injured that the same cannot (notwithstanding Entity Name’s exercise of due diligence) be repaired
within the “Permitted Repair Period” then and in any case the Term shall, at the option of either the Town or Entity
Name, cease and become null and void effective as of the date of such damage or destruction (the “Casualty Date”).
11.3 The “Permitted Repair Period” means one hundred eighty days (180) from the Casualty Date, provided, however, that
Entity Name shall have the right at its option, at any time within sixty (60) days after the Casualty Date, to elect to extend
the Permitted Repair Period for an additional one hundred eighty (180) days (in which case the Permitted Repair Period
will be three hundred sixty (360) days).
11.4 Upon cessation of the Term as provided in § 11.3, this Agreement shall expire with the same force and effect as though
the date set forth in such notice were the date originally set as the expiration date of this Agreement, and the Parties
shall make an appropriate adjustment, as of such Termination Date, with respect to payments due to the other under
this Agreement. Nothing herein shall relieve Entity Name from its obligations under § 6.7 to restore the Lease Area.
11.5 Should the System be rendered, wholly or partially untenantable and unfit for occupancy, or if the Landfill shall be
damaged, but yet be repairable within the Permitted Repair Period:
11.5.1 The Town shall enter and repair the Landfill with reasonable speed, except as to damage caused and to the
extent of any damage caused wholly or partly by Entity Name or any of its related entities, contractors, invitees or licensees.;
and Entity Name shall enter and repair the System with reasonable speed;

11.6 Force Majeure Event.

11.6.1 Except as otherwise specifically provided in this Agreement, neither Party shall be considered in breach of
this Agreement if and to the extent that any failure or delay in such Parties’ performance of one or more of its obligations
hereunder is attributable to the occurrence of a Force Majeure Event; provided that, the Party claiming a Force Majeure Event
shall (a) notify the other Party in writing of the existence of the Force Majeure Event, (b) promptly exercise all reasonable
efforts necessary to minimize delay caused by such Force Majeure Event, (c) notify the other Party in writing of the cessation
or termination of said Force Majeure Event, and (d) resume performance of its obligations hereunder as soon as practicable
thereafter.
11.6.2 Notwithstanding anything in this Agreement to the contrary, if the Town claims relief pursuant to a Force Majeure
Event, the obligation of Entity Name to make any rent payment hereunder shall be suspended as of the date that the Force
Majeure Event commenced until the Town notifies Entity Name that it has resumed performance of its obligations under the
Agreement. If a Force Majeure Event shall have continued for a period of at least 180 consecutive days, then Entity Name
may terminate this Agreement upon thirty (30) days’ written notice to the Town. If at the end of such thirty (30) day period
such Force Majeure Event shall still be continuing, this Agreement shall automatically terminate. Upon such termination,
neither Party shall have any liability to the other, subject to any obligations which arose prior to such termination (including
the payment of rent, additional rent or other payments adjusted to the date of termination on a pro rata basis) and subject to
provisions which expressly survive termination.

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 ARTICLE 12 – INSURANCE

12.1 Coverages.
Entity Name shall maintain the following insurance coverages in full force and effect throughout the Term:
12.1.1 Entity Name’s Public Liability and Property Damage Insurance. Entity Name shall obtain and maintain in full
force and effect for the entire Term and until all obligations of Entity Name hereunder have terminated, a comprehensive
general liability insurance policy providing coverage for all claims for damages because of bodily injury, including death,
and for claims for damages, other than to the work itself, to property which may arise out of or result from the Entity Name’s
operation under this Agreement, whether such operation be by itself or by anyone directly or indirectly employed by Entity
Name, or any independent contractor, consultant, or any other person, firm or entity performing work or supplying materials
on or to the System, or any other person, firm or entity under Entity Name’s direction or control. The insurance shall name the
Town as an additional insured and shall be written for not less than $1,000,000 each person, $2,000,000 each occurrence
and $3,000,000 aggregate for bodily injury, and $500,000 each occurrence, $1,000,000 aggregate for property damage,
or such other amount or amounts as required by law, whichever is greater, and shall include contractual liability applicable to
the Entity Name’s obligations. Coverage must include the following: premises/operations, elevators and hoists, independent
contractors, contractual liability assumed under this Agreement, products/completed operations, broad form property
coverage, and personal injury;
12.1.2 Workmen’s Compensation Insurance. Workmen’s compensation insurance must be provided at the Entity
Name’s expense as required by law;
12.1.3 Vehicle Liability Insurance. Entity Name shall take out and maintain at its own expense vehicle liability insurance
during the Term of this Agreement. The insurance shall name the Town as an additional insured and shall be written for not
less than $1,000,000 each person, $2,000,000 each occurrence and $3,000,000 aggregate for bodily injury and $500,000
each occurrence $1,000,000 aggregate for property damage, or such amount as required by law, whichever is greater, and
shall include contractual liability applicable to the Entity Name’s obligations. Coverage must include the following: Owned
Vehicles, Leased Vehicles, Hired Vehicles, Non-Owned Vehicles;
12.1.4 All Risk Property Coverage and Boiler and Machinery Coverage, or All Risk Builder’s Risk Insurance. The
Entity Name shall take out and maintain, at its own expense, during construction, against damage to the System during
the Term in an amount no less than the full replacement cost of the System, with commercial reasonable sub-limits and
deductibles. Such insurance shall provide for a waiver of the underwriters’ right to subrogation against the Town; and
12.1.5 Excess Umbrella Liability Insurance. The Entity Name shall take out and maintain, at its own expense, an Excess
Umbrella Liability Insurance policy in an amount not less than five million dollars ($5,000,000).

12.2 Certificates of Insurance.

The Entity Name shall, prior to entry upon the Premises for any purpose authorized hereby, deliver to the Town copies of all
insurance policies and certificates of insurance naming the Town as an additional named insured and evidencing all of the
foregoing coverages required by this ARTICLE 12, in form and substance satisfactory to the Town, and shall deliver to the Town
new policies and certificates thereof so naming the Town for any insurance about to expire at least ten (10) days before such
expirations. All such insurance policies shall contain an endorsement requiring thirty (30) days written notice to the Town prior
to cancellation or change in coverage, scope or amount of any such policy or policies. Compliance by the Entity Name with the
insurance requirement, however, shall not relieve any contractor or subcontractor from liability pursuant to ARTICLE 13.

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 ARTICLE 13 – INDEMNIFICATION

13.1 Indemnification of Town.

The Entity Name shall indemnify, save harmless and defend the Town and its officers, employees, and agents (collectively,
the “Town Indemnified Parties”) from and against all liabilities, losses, damages, penalties, costs, and expenses, including
reasonable attorneys’ fees and disbursements, that may be imposed upon or incurred by or asserted against any the Town
Indemnified Party by reason of any of the following occurrences during the Term:
13.1.1 Any accident, injury, or damage to any person or property occurring in, on or about the Lease Area or elsewhere
arising from or related to the installation, operation, repair, maintenance or replacement of the System caused by (i) the
negligence or intentional misconduct of Entity Name or any of its agents, contractors, subcontractors, servants, employees,
or invitees; or (ii) any failure on the part of Entity Name or any of its agents, contractors, subcontractors, subtenants, servants,
employees, licensees or invitees in, on or about the Premises to fully comply with the Applicable Legal Requirements of any
of the Entity Name’s other obligations hereunder.
13.1.2 In case any action or proceeding is brought against any Town Indemnified Party by reason of any such claim,
the Town may, but shall not be obligated to, elect that Entity Name defend such action or proceeding with counsel approved
by the Town. Upon written notice from Town of such election, Entity Name shall defend such action or proceeding at Entity
Name’s expense to the reasonable satisfaction of the Town.

13.2 Indemnification of Entity Name.

To the extent permitted by Applicable Legal Requirements, the Town shall indemnify, save harmless and defend Entity
Name and its officers, employees, agents, and any subtenants of the Leased Area and/or System (collectively, the “Entity
Name Indemnified Parties”) from and against all liabilities, losses, damages, penalties, costs, and expenses, including
reasonable attorneys’ fees and disbursements, that may be imposed upon or incurred by or asserted against any Entity Name
Indemnified Party by reason of any of the following occurrences during the Term:
13.2.1 Any accident, injury, or damage to any person or property occurring in, on or about the Lease Area, the Premises
or the System of any part thereof which is caused by (i) the negligence or intentional misconduct of the Town or any of its
agents, contractors, subcontractors, servants, employees, or invitees; or (iii) any failure on the part of the Town or any of its
agents, contractors, subcontractors, servants, employees, licensees or invitees in, on or about the Premises to fully comply
with any of the Town’s obligations hereunder.
13.2.2 In case any action or proceeding is brought against any Entity Name Indemnified Party by reason of any such
claim, such Entity Name Indemnified Party may, but shall not be obligated to, elect that the Town defend such action or
proceeding with counsel approved by such Entity Name.
13.2.3 Indemnified Party. Upon written notice from Entity Name of such election, the Town shall defend such action or
proceeding at Town’s expense to the reasonable satisfaction of Entity Name.

13.3 Survival.
The provisions of this ARTICLE 13 shall survive the expiration or earlier termination of the Agreement.

ARTICLE 14 – DISPUTE RESOLUTION.

14.1 Binding Arbitration.

The Parties shall meet, confer and negotiate in good faith and attempt to resolve any dispute, controversy or claim arising out
of or relating to the Agreement or the breach, interpretation, termination or validity thereof (a “Dispute”). Any Dispute that is
not settled to their mutual satisfaction within the applicable notice or cure periods provided in this Agreement shall be settled
by arbitration between the Parties conducted in White Plains, New York, and in accordance with the Commercial Arbitration
Rules of the American Arbitration Association in effect on the date that a Party gives notice of its demand for arbitration under
this ARTICLE 14. The submitting Party shall submit such Dispute to arbitration by providing a written demand for arbitration
to the other Party and the Parties shall select a single neutral arbitrator. If the Parties cannot agree on a single neutral

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arbitrator within fifteen (15) days thereafter, then either Party may request that the American Arbitration Association select and
appoint a neutral arbitrator who shall act as the sole arbitrator. The Parties may engage in discovery in connection with the
arbitration as provided by the New York statutes and shall be entitled to submit expert testimony or written documentation
in such arbitration proceeding. The decision of the arbitrator shall be final and binding upon the Parties and shall be set forth
in a reasoned opinion, and award may be enforced thereon by either Party in a court of competent jurisdiction; provided,
however, that the arbitrator shall not have the authority to award punitive, exemplary or analogous damages. Any award of
the arbitrator shall include interest from the date of any damages incurred for breach or other violation of this Agreement at
the Interest Rate. Each Party shall each bear the cost of preparing and presenting its own case, provided, however, that the
Parties hereby agree that the prevailing party in such arbitration shall be awarded its reasonable attorney’s fees, expert fees,
expenses and costs incurred in connection with the dispute. The cost of the arbitration, including the fees and expenses of
the arbitrator, shall initially be shared equally by Parties, subject to reimbursement of such arbitration costs and attorney’s
fees and costs to the prevailing party. The arbitrator shall be instructed to establish procedures such that a decision can be
rendered within one-hundred eighty (180) calendar days of the appointment of the arbitrator.

14.2 Exceptions to Arbitration Obligation.

The obligation to arbitrate shall not be binding upon any Party with respect to (a) requests for preliminary injunctions,
temporary restraining orders, specific performance, or other procedures in a court of competent jurisdiction to obtain interim
relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by
arbitration of the actual Dispute or (b) actions to collect payments not subject to a bona fide Dispute or (c) claims permitted
hereunder against third parties.

ARTICLE 15 – NOTICES

15.1 Notice.
Unless otherwise provided herein, any notice provided for in this Agreement shall be hand delivered, sent by registered or
certified U.S. Mail, postage prepaid, or by commercial overnight delivery service, or transmitted by facsimile, and shall be
deemed served or delivered to the addressee or its office when delivered.

15.2 Financing Party Notice.

Any notice or other communication which the Town shall desire or is required to give to or serve upon a Financing Party in
accordance with the terms of this Agreement shall be in writing and shall be served in accordance with the provisions of
§ 15.1, addressed to such Financing Party at such party’s addresses provided in writing by a Financing Party or by Entity Name,
and any notice or other communication which the Financing Party shall desire or be required to give to or serve upon Town
shall be deemed to have been duly given or served if sent in accordance with the provisions of § 15.1 or at such other address
as shall be designated by Town by notice in writing given to such Financing Party in accordance with the provisions of this
ARTICLE 15.

15.3 Notice Addresses.

Town Address:
Entity Name Address:

15.4 Address for Rent Payment.

All rent payments under this Agreement shall be sent to the Town’s address as provide in § 15.3 and shall be sent by regular
first-class mail postage prepaid or as otherwise agreed by the Parties.

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 ARTICLE 16 – MISCELLANEOUS

16.1 No Limitation of Regulatory Authority.

The Parties acknowledge that nothing in this Agreement shall be deemed to be an agreement by the Town to issue or cause
the issuance of any approval or permit, or to limit or otherwise affect the ability of the Town or any regulatory authority of the
Town, to fulfill its regulatory mandate or execute its regulatory powers consistent with Applicable Legal Requirements.

16.2 Subordination to Existing Leases, Easements and Rights of Way.

Entity Name acknowledges and understands that this Agreement is subject and subordinate to all existing leases, easements,
rights of way, declarations, restrictions or other matters of record, and all existing agreements of the Town with respect to the
Premises, and the Town represents that there is no restriction by agreement or otherwise which restricts the Town’s right to
enter into this Agreement or which would impair, interfere with, or be superior to or have priority over the leasehold estate
granted hereunder. The Town reserves the right to grant additional licenses, easements, leases or rights of way, whether
recorded or unrecorded, as may be necessary, which do not cause shading of the System or otherwise unreasonably
interfere with Entity Name’s use of the Premises and the operation of the System; provided however the Town shall execute
and shall cause any holder of an interest in the Premises senior to that of the Entity Name to execute, a form of a non-
disturbance agreement reasonably acceptable to Entity Name, any Financing Party and any subtenant with which the Town
has executed a recognition agreement.

16.3 Compliance.
16.3.1 Entity Name shall comply with all Applicable Legal Requirements relating to the System.
16.3.2 The Town shall comply with all Applicable Legal Requirements relating to the Landfill including without limitation,
the Landfill Closure Plan, except as to matters resulting wholly or partly by, and to the extent caused by, Entity Name or any of
its related entities, contractors, invitees or licensees.
16.3.3 Upon knowingly encountering any Hazardous Materials at the Premises, Entity Name will stop work in the
affected area and duly notify the Town and, if required by Applicable Legal Requirements, any Governmental Authority with
jurisdiction over the Premises
16.3.4 The Town is not responsible for any Hazardous Materials introduced to the Premises by Entity Name, nor is the
Town required to remediate an affected area. Entity Name shall not, and shall not direct, suffer or permit any of its agents,
contractors, subcontractors, employees, leases, or invitees at any time to manufacture or dispose of in or about the Premises
any Hazardous Materials, including but not limited to flammables, explosives, and radioactive materials. Entity Name agrees
to comply with all Applicable Legal Requirements pertaining to the use, storage and disposal of Hazardous Materials
(“Environmental Laws”) at the Premises. Entity Name shall indemnify, defend and hold harmless the Town and its agents,
representatives and employees from any and all liabilities and costs (including any and all sums paid for settlement of claims,
litigation, expenses, attorneys’ fees, consultant and expert fees) of whatever kind or nature, known, or unknown, resulting
from any violation of Environmental Laws caused by Entity Name or Entity Name’s agents, contractors, subcontractors,
employees, lessees or invitees at the Premises. In addition, Entity Name shall reimburse the Town for any and all costs
related to investigation, clean up and/or fines incurred by Town for non-compliance with Environmental Laws, which are
caused by Entity Name or Entity Name’s agents, contractors, subcontractors, employees, lessees or invitees at the Premises.
Town reserves the right to inspect the Lease Area for purposes of verifying compliance with these Hazardous Materials
requirements.

16.4 Limited Effect of Waiver.

The failure of either Party to enforce any of the provisions of this Agreement, or the waiver thereof in any instance, shall not
be construed as a general waiver or relinquishment on its part of any such provision, in any other instance or of any other
provision in any instance.

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16.5 Survival.
In addition to the other provisions of this Agreement that shall survive any expiration or termination hereof in accordance
with the explicit terms thereof, the provisions of ARTICLE 1 (Defined Terms), ARTICLE 14 (Dispute Resolution), ARTICLE 9
(Assignment and Subcontracting), ARTICLE 15 (Notices), ARTICLE 13 (Indemnification) and ARTICLE 16 (Miscellaneous) shall
survive the expiration or termination of this Agreement for any reason; provided, that the survival of any particular provision or
set of provisions shall be limited in duration if and to the extent such survival is explicitly limited herein or otherwise limited by
Applicable Legal Requirements.

16.6 Severability.
If any term, covenant or condition in this Agreement shall, to any extent, be invalid or unenforceable in any respect under the
laws governing this Agreement, the remainder of this Agreement shall not be affected thereby, and each term, covenant or
condition of this Agreement shall be valid and enforceable to the fullest extent permitted by Applicable Legal Requirements
and, if appropriate, such invalid or unenforceable provision shall be modified or replaced to give effect to the underlying
intent of the Parties and to the intended economic benefits of the Parties.

16.7 Non-recourse.
The obligations of the Town and Entity Name under this Agreement are not intended to and shall not be personally binding
on, nor shall any resort be had to the private properties of, any of the Town’s officers, employees, agents nor of Entity Name’s
trustees or board of directors and officers, as the case may be, or any beneficiaries, employees, agents or the like thereof. In
no event shall the Town ever be liable to the Entity Name for any indirect or consequential damages under the provisions of
this Agreement.

16.8 Representations and Warranties.

Each Party hereby represents and warrants to the other, as of date hereof, that:
16.8.1 Organization. It is duly organized, validly existing and in good standing under the laws of the state in which
the Premises are located, respectively, and has the power and authority to enter into this Agreement and to perform its
obligations hereunder.
16.8.2 No Conflict. The execution and delivery of this Agreement and the performance of and compliance with the
provisions of this Agreement will not conflict with or constitute a breach of or a default under (1) its organizational documents;
(2) any agreement or other obligation by which it is bound; (3) any law or regulation.
16.8.3 Enforceability. (1) All actions required to be taken by or on the part of such Party necessary to make this
Agreement effective have been duly and validly taken; (2) this Agreement has been duly and validly authorized, executed
and delivered on behalf of such Party; and (3) this Agreement constitutes a legal, valid and binding obligation of such Party,
enforceable in accordance with its terms, subject to laws of bankruptcy, insolvency, reorganization, moratorium or other
similar laws.
16.8.4 No Material Litigation. There are no court orders, actions, suits or proceedings at law or in equity by or before
any governmental authority, arbitral tribunal or other body, or threatened against or affecting it or brought or asserted by
it in any court or before any arbitrator of any kind or before or by any governmental authority which could reasonably be
expected to have a material adverse effect on it or its ability to perform its obligations under this Agreement, or the validity or
enforceability of this Agreement.
(End Terms and Conditions.)

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 SOLAR LEASE AGREEMENT

EXHIBIT A

PREMISES AND LEGAL DESCRIPTION

That real property at Site Address, as described in the indenture recorded with
Organization & Address and The Town, dated Date.

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 SOLAR LEASE AGREEMENT

EXHIBIT B

LEASE AREA DESCRIPTION & DESIGN LAYOUT

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 GUARANTY
The Town, a New York municipality (hereinafter referred to as the “Town”) and ENTITY NAME, NY LLC, (hereinafter
referred to as the “Lessee”) have entered into a Solar Lease Agreement dated Date (the “Agreement”). In order to induce
the Town to enter into, execute and deliver the Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Entity Name, a New York limited liability company with an address of Address,
as guarantor (the “Guarantor”) hereby warrants, represents, guarantees and agrees with The Town as follows:
1. Guarantor has examined and approved and is fully familiar with all of the terms, covenants and conditions of the
Agreement. Guarantor represents that Guarantor shall benefit from the making of the Agreement. Guarantor
acknowledges that Guarantor executes and delivers this Guaranty on the understanding that Guarantor’s doing so is a
condition precedent to the Town’s entering into the Agreement, as the Town is relying upon Guarantor’s covenants herein
in entering into the Agreement with Lessee.
2. Guarantor hereby guarantees and warrants to the Town the full, prompt and complete performance of all of the terms,
covenants and conditions of the Agreement on the part of Lessee (collectively, the “Obligations”). Guarantor acknowledges
that the intent of this Guaranty is that in the event Lessee does not in any way fully perform any of Lessee’s Obligations in a
timely manner under the Agreement, Guarantor shall perform any and all of such Obligations.
3. This guaranty is primary, irrevocable, absolute and unconditional and shall not be released, discharged, mitigated,
impaired or affected by any amendments, modifications, extensions and/or renewals of the Agreement, or by any waiver
or by failure of the Town to enforce any of the terms, covenants and conditions thereof or by any extension of time or
indulgence extended by the Town to Lessee; and Guarantor hereby consents that the Town and Lessee may do any of the
foregoing without notice to Guarantor during the term of this Guaranty.
4. Guarantor’s liability under this Guaranty shall not be deemed to be waived, released, discharged, mitigated, impaired
or affected by reason of the release or discharge of Lessee under the Agreement in any bankruptcy, reorganization or
insolvency proceedings.
5. Guarantor’s liability under this Guaranty shall not be waived, released, discharged, mitigated, impaired or affected in any
respect by reason of any action or proceeding taken against Lessee under the Agreement, and in any such action or
proceeding, the Town need not include Guarantor as a party thereto. The Town may pursue its remedies under this Guaranty
concurrently with or independently of any such action or proceeding against Lessee under the Agreement.
6. The word “Lessee” as used in this Guaranty shall be deemed to and shall include any assignee to whom the Agreement
shall have been assigned by Lessee in accordance and in compliance with the provisions thereof.
7. Anything to the contrary contained in the Agreement notwithstanding, Guarantor’s liability under this Guaranty shall not
be waived, released, discharged, mitigated, impaired or affected in any respect by reason of any assignment of the
Agreement by the Town or Lessee, or by any subsequent assignee of the Agreement.
8. The Town may proceed directly against Guarantor under this Guaranty without being required to proceed against Lessee
under the Agreement or to the exhaust any other rights or remedies it may have against the Lessee.
9. The Guaranty shall not be changed or terminated orally.
10. This Guaranty shall inure to the benefit of the Town, its successors and assigns, and shall be binding upon Guarantor, its
successors and assigns.
11. The Guarantor shall pay the Town’s reasonable attorneys’ fees, costs, and other expenses incurred in the successful
enforcement of this Guaranty against the Guarantor.
12. The Town may, upon written notice, assign this Guaranty to the successor to all of the Town’s interest in the Agreement
and no assignment or transfer of this Guaranty or the Agreement shall operate to extinguish or diminish the liability of the
Guarantor hereunder.
13. It is in furtherance of the company purposes of the Guarantor that the Agreement with Lessee be entered into; and this
Guaranty has been duly authorized by its members and by all parties whose consent is required for the execution hereof.
This Guaranty is made as of date
Entity Name, Guarantor
By:
Name:
Title:

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5. Model Law for Charter County
Land Leases
The workable version of this document can be found at nyserda.ny.gov/SolarGuidebook, under the Municipal Solar
Procurement Toolkit tab.

Local Law No. [#] of the year 20[##]

A local law authorizing the County of [ ], notwithstanding Section 215 of County Law of the State of New York,
to enter into a lease of County-owned real property for a specific project for a term of up to 45 years.

SECTION 1. Purpose
The County of [ ] seeks to enter into an agreement with [Developer], which agreement shall lease real property
owned by the County of [ ] for an initial term of twenty-five years and four additional optional terms of five years each.

SECTION 2. Legal Authority

New York State County Law Section 215(5) provides that, after determining that a property is no longer needed for public use,
a County may sell the property or lease the property for a term not to exceed five years.
New York State Comptroller Opinion 91-27 opines that, pursuant to County Law Section 2(b), a County that has adopted an
alternative form of county government pursuant to Article IX, Section 2 of the New York State Constitution (i.e., a Charter
County), may enter into leases for a term in excess of five years if the county authorizes such leases by local law.
New York State Municipal Home Rule Law Section 24 provides that any local law that changes a provision of law relating to
leasing of real property is subject to referendum on petition (permissive referendum).

SECTION 3. Applicability
The County of [ ], which is a Charter County, is authorized, notwithstanding Section 215 of the County Law of the
State of New York, which is hereby superseded, to enter into a lease of County-owned real property for a specific project
for a term of up to [45] years.
This Local Law is applicable to the specific project with [Developer].

SECTION 4. Effective Date

Notice of the adoption of this local law subject to permissive referendum shall be published in the official newspaper of
the County.
This Local Law shall take effect at the end of the permissive referendum period upon filing in the Office of the Secretary of
State, and if a permissive referendum is held, upon approval at the permissive referendum upon filing in the Office of the
Secretary of State.

Questions?
If you have any questions about the municipal solar procurement toolkit, please email questions to
[email protected] or request free technical assistance at nyserda.ny.gov/SolarGuidebook.
The NYSERDA team looks forward to partnering with communities across the state to help them meet
their solar energy goals.

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 New York State toll free: 866-NYSERDA
Energy Research and local: 518-862-1090
Development Authority fax: 518-862-1091
17 Columbia Circle [email protected]
Albany, NY 12203-6399 nyserda.ny.gov

SUN-GEN-solarguide-bk-1-v23 5/23