Assembly Bill A7980

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7980
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 16, 2025
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the general municipal law,  in  relation  to  permitting
   industrial  development  agencies to accept applications for consider-
   ation of financial incentives for projects which will include environ-
   mental pollution mitigation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative Intent. The Legislature hereby finds that the
 purpose of industrial development agencies is to  advance  job  opportu-
 nities,  general  prosperity,  and the health and standard of living for
 the people of the State of New York.
   This Legislature recognizes that "the placement  of  polluting  indus-
 tries  near  low-income and majority-minority neighborhoods is a pattern
 repeated across the country" and that such structural  racism  leads  to
 gross  health  disparities in the African-American and Hispanic communi-
 ties, especially when it comes to respiratory illness. The prevalence of
 these illnesses in turn inhibits these communities from working to build
 wealth and achieve financial  security  and  therefore  sows  long  term
 economic hardship and perpetuates race-based income disparities.
   This  Legislature  holds  that industrial development agencies' use of
 financial incentives should include implementing environmental pollution
 mitigation as it relates to any projects which would construct  improve-
 ments,  renovations,  and/or  purchase  low or zero-emission vehicles to
 better protect the communities in which they operate  against  pollution
 and contamination. The necessity to incentivize environmental renovation
 and  improvements  in  industrial  facilities  is especially acute as to
 incentivize environmental  renovation  and  improvements  in  industrial
 facilities  as minority communities within New York state suffer dispro-
 portionately from exposure to industrial  pollution  and  contamination.
 Therefore, the utilization of industrial development agencies' financial

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11537-01-5
              

 A. 7980                             2
 
 incentives for this purpose would significantly benefit the economic and
 physical  health  of  all New York state residents, but it is especially
 important and essential to minority communities which  regrettably  bear
 the  burden  of  a  disproportionate  concentration of heavily polluting
 industries.
   § 2. The opening paragraph of section 858  of  the  general  municipal
 law,  as  amended  by  section  6 of part X of chapter 59 of the laws of
 2021, is amended to read as follows:
   The purposes of the agency shall be to promote, develop, encourage and
 assist in the acquiring, constructing, reconstructing, improving, IMPLE-
 MENTING ENVIRONMENTAL POLLUTION MITIGATION, maintaining,  equipping  and
 furnishing industrial, manufacturing, warehousing, commercial, research,
 renewable   energy   and   recreation  facilities  including  industrial
 pollution control facilities, educational or cultural facilities,  rail-
 road  facilities, horse racing facilities, automobile racing facilities,
 renewable energy projects and continuing  care  retirement  communities,
 provided,  however,  that,  of  agencies  governed by this article, only
 agencies created for the benefit of a county and the agency created  for
 the  benefit  of  the  city  of  New York shall be authorized to provide
 financial assistance in any respect  to  a  continuing  care  retirement
 community,  and  thereby  advance the job opportunities, health, general
 prosperity and economic welfare of the people of the state of  New  York
 and  to  improve  their recreation opportunities, ENVIRONMENTAL QUALITY,
 prosperity and standard of  living;  and  to  carry  out  the  aforesaid
 purposes, each agency shall have the following powers:
   §  3.  Section 854 of the general municipal law is amended by adding a
 new subdivision 22 to read as follows:
   (22) "ENVIRONMENTAL POLLUTION MITIGATION" SHALL MEAN ANY PROPOSAL THAT
 PROVIDES FOR EQUIPMENT, IMPROVEMENTS, PURCHASES OF LOW OR  ZERO-EMISSION
 VEHICLES,  STRUCTURES  OR  FACILITIES  OR  ANY COMBINATION THEREOF WHICH
 WOULD RESULT IN THE CONTROL, ABATEMENT OR  PREVENTION  OF  LAND,  SEWER,
 WATER,  AIR,  NOXIOUS  ODOR,  NOISE  OR  GENERAL ENVIRONMENTAL POLLUTION
 DERIVING FROM THE OPERATION OF INDUSTRIAL,  MANUFACTURING,  WAREHOUSING,
 WASTE  TREATMENT PLANTS, COMMERCIAL, RECREATION AND RESEARCH FACILITIES,
 AND  AID  THE  CONSERVATION,  PROTECTION  AND  IMPROVEMENT  OF   NATURAL
 RESOURCES  AND  THE ENVIRONMENT AND THEREBY PROVIDE THESE PROPERTIES AND
 PROGRAMS TAX CREDITS FOR THE PURPOSE OF PROTECTING THE HEALTH AND  WELL-
 BEING OF THESE COMMUNITIES.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.