S T A T E O F N E W Y O R K
________________________________________________________________________
1028
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the urban development corporation act, in relation to
enacting the "safe havens for all-day enjoyment (SHADE) act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "safe
havens for all-day enjoyment (SHADE) act".
§ 2. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 16-bb to read as follows:
§ 16-BB. SAFE HAVENS FOR ALL-DAY ENJOYMENT GRANT PROGRAM. (1) PROGRAM
ESTABLISHED. THERE IS HEREBY ESTABLISHED A "SAFE HAVENS FOR ALL-DAY
ENJOYMENT GRANT PROGRAM" UNDER THE PURVIEW OF THE EMPIRE STATE DEVELOP-
MENT CORPORATION. SUCH PROGRAM SHALL BE A COMPETITIVE GRANT PROGRAM
DESIGNED TO ASSIST MUNICIPALITIES IN THE STATE WITH ESTABLISHING SHADED
PUBLIC GATHERING SPACES AND PUBLIC TRANSPORTATION AREAS TO ENHANCE THE
ENJOYMENT AND USE OF SUCH SPACES WHERE THERE IS NO EXISTING OR INSUFFI-
CIENT SUN PROTECTION, AS PROVIDED UNDER THIS SECTION.
(2) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ELIGIBLE PROJECT" SHALL MEAN A PROJECT PROPOSED BY A MUNICIPALITY
TO ENHANCE SHADE IN THE FOLLOWING AREAS WITHIN SUCH MUNICIPALITY:
(I) PUBLIC GATHERING SPACES, INCLUDING BUT NOT LIMITED TO PUBLIC
PARKS, PLAZAS, SQUARES, OR TRAILS; AND/OR
(II) PUBLIC TRANSPORTATION AREAS, INCLUDING BUT NOT LIMITED TO BUS
STOPS, CITY BLOCKS, OR BICYCLING CORRIDORS.
(B) "GRANT RECIPIENTS" SHALL MEAN MUNICIPALITIES SELECTED TO RECEIVE
GRANT AWARDS UNDER THE PROGRAM PURSUANT TO SUBDIVISION ONE OF THIS
SECTION.
(C) "PROGRAM" SHALL MEAN THE SAFE HAVENS FOR ALL-DAY ENJOYMENT GRANT
PROGRAM ESTABLISHED UNDER THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03097-01-5
S. 1028 2
(3) SELECTION OF GRANT RECIPIENTS. GRANT RECIPIENTS SHALL BE SELECTED
BY THE CORPORATION BASED ON THE STRENGTH OF THEIR PROPOSALS, INCLUDING
EVALUATION OF ELIGIBLE PROJECTS HIGHLIGHTED WITHIN SUCH PROPOSALS. THE
FOLLOWING CRITERIA SHALL BE CONSIDERED BY THE CORPORATION IN EVALUATING
SUCH PROPOSALS:
(A) ELIGIBLE PROJECTS SHALL BE HIGH IMPACT IN THE NUMBER OF PEOPLE OR
EVENTS THEY WILL SERVE, AS DETERMINED BY THE CORPORATION BY EVALUATING A
HISTORY OF EVENTS TAKING PLACE AT THE LOCATION OF SUCH ELIGIBLE
PROJECTS, TRAFFIC STUDIES, AND ANY OTHER EVIDENCE OF REGULAR USE DEEMED
RELEVANT BY THE CORPORATION;
(B) THE CORPORATION SHALL FAVOR SELECTION OF ELIGIBLE PROJECTS THAT
WILL SERVE THE LARGEST NUMBER OF PEOPLE; AND
(C) ELIGIBLE PROJECTS SHALL DEMONSTRATE AN IMPACT ON MEAN RADIANT
TEMPERATURE, WITH A FOCUS ON REDUCING OR PROVIDING RELIEF FROM HEAT
ENHANCED BY THE URBAN HEAT ISLAND EFFECT, AS DETERMINED BY THE CORPO-
RATION, WHO SHALL DEVELOP STANDARDS FOR DEMONSTRATING SUCH IMPACTS.
(4) GRANTS AWARDED AND MATCHING FUNDS. (A) THE CORPORATION SHALL
DETERMINE AMOUNTS TO BE AWARDED TO GRANT RECIPIENTS ON AN INDIVIDUAL
BASIS, BASED ON THE FINANCIAL NEEDS OF THE ELIGIBLE PROJECTS PROPOSED BY
SUCH GRANT RECIPIENTS. CRITERIA FOR SUCH DETERMINATIONS SHALL BE ESTAB-
LISHED BY THE CORPORATION BY RULES AND REGULATIONS.
(B) GRANT RECIPIENTS SHALL MATCH THE VALUE OF FUNDS AWARDED TO SUCH
GRANT RECIPIENTS UNDER PARAGRAPH (A) OF THIS SUBDIVISION ON A DOLLAR-
FOR-DOLLAR BASIS FOR EACH ELIGIBLE PROJECT.
(5) FUNDING. THE CORPORATION IS AUTHORIZED, WITHIN AVAILABLE APPROPRI-
ATIONS IN THE EMPIRE STATE DEVELOPMENT FUND ESTABLISHED PURSUANT TO
SECTION SIXTEEN-M OF THIS ACT OR FROM OTHER FUNDS APPROPRIATED, TO MAKE
GRANT AWARDS AVAILABLE TO GRANT RECIPIENTS PURSUANT TO THE PROVISIONS OF
THIS SECTION.
§ 3. Subdivision 1 of section 16-m of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, is amended by adding a new paragraph (p) to read as follows:
(P) GRANT AWARDS TO GRANT RECIPIENTS AS SET FORTH UNDER SECTION
SIXTEEN-BB OF THIS ACT TO SUPPORT THE SAFE HAVENS FOR ALL-DAY ENJOYMENT
GRANT PROGRAM TO ASSIST MUNICIPALITIES IN THE STATE WITH ESTABLISHING
SHADED PUBLIC GATHERING SPACES AND PUBLIC TRANSPORTATION AREAS TO
ENHANCE THE ENJOYMENT AND USE OF SUCH SPACES WHERE THERE IS NO EXISTING
OR INSUFFICIENT SUN PROTECTION.
§ 4. Rules and regulations. The empire state development corporation
is authorized to promulgate rules and regulations in accordance with the
state administrative procedure act that are necessary to fulfill the
purposes of this act. Such rules and regulations shall be completed
within one hundred eighty days after the effective date of this act.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the amendments to
subdivision 1 of section 16-m of section 1 of chapter 174 of the laws of
1968, constituting the New York state urban development corporation act,
made by section three of this act shall not affect the expiration of
such section and shall be deemed to expire therewith. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.