Senate Bill S7288A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7288--A
     Cal. No. 1155
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 8, 2025
                                ___________
 
 Introduced  by  Sen.  BYNOE  -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11537-02-5
 S. 7288--A                          2
 
 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
 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.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.