S 7288: Includes environmental pollution mitigation projects within the authorized purposes of industrial development agencies.

  
  STATE OF NEW YORK ________________________________________________________________________ 7288 2025-2026 Regular Sessions  IN SENATE April 8, 2025 ___________ Introduced by Sen. BYNOE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government 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: 1 Section 1. Legislative Intent. The Legislature hereby finds that the 2 purpose of industrial development agencies is to advance job opportu- 3 nities, general prosperity, and the health and standard of living for 4 the people of the State of New York. 5 This Legislature recognizes that "the placement of polluting indus- 6 tries near low-income and majority-minority neighborhoods is a pattern 7 repeated across the country" and that such structural racism leads to 8 gross health disparities in the African-American and Hispanic communi- 9 ties, especially when it comes to respiratory illness. The prevalence of 10 these illnesses in turn inhibits these communities from working to build 11 wealth and achieve financial security and therefore sows long term 12 economic hardship and perpetuates race-based income disparities. 13 This Legislature holds that industrial development agencies' use of 14 financial incentives should include implementing environmental pollution 15 mitigation as it relates to any projects which would construct improve- 16 ments, renovations, and/or purchase low or zero-emission vehicles to 17 better protect the communities in which they operate against pollution 18 and contamination. The necessity to incentivize environmental renovation 19 and improvements in industrial facilities is especially acute as to 20 incentivize environmental renovation and improvements in industrial 21 facilities as minority communities within New York state suffer dispro- 22 portionately from exposure to industrial pollution and contamination. 23 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 
 S. 7288 2 1 incentives for this purpose would significantly benefit the economic and 2 physical health of all New York state residents, but it is especially 3 important and essential to minority communities which regrettably bear 4 the burden of a disproportionate concentration of heavily polluting 5 industries. 6 § 2. The opening paragraph of section 858 of the general municipal 7 law, as amended by section 6 of part X of chapter 59 of the laws of 8 2021, is amended to read as follows: 9 The purposes of the agency shall be to promote, develop, encourage and 10 assist in the acquiring, constructing, reconstructing, improving, imple- 11 menting environmental pollution mitigation, maintaining, equipping and 12 furnishing industrial, manufacturing, warehousing, commercial, research, 13 renewable energy and recreation facilities including industrial 14 pollution control facilities, educational or cultural facilities, rail- 15 road facilities, horse racing facilities, automobile racing facilities, 16 renewable energy projects and continuing care retirement communities, 17 provided, however, that, of agencies governed by this article, only 18 agencies created for the benefit of a county and the agency created for 19 the benefit of the city of New York shall be authorized to provide 20 financial assistance in any respect to a continuing care retirement 21 community, and thereby advance the job opportunities, health, general 22 prosperity and economic welfare of the people of the state of New York 23 and to improve their recreation opportunities, environmental quality, 24 prosperity and standard of living; and to carry out the aforesaid 25 purposes, each agency shall have the following powers: 26 § 3. Section 854 of the general municipal law is amended by adding a 27 new subdivision 22 to read as follows: 28 (22) "Environmental pollution mitigation" shall mean any proposal that 29 provides for equipment, improvements, purchases of low or zero-emission 30 vehicles, structures or facilities or any combination thereof which 31 would result in the control, abatement or prevention of land, sewer, 32 water, air, noxious odor, noise or general environmental pollution 33 deriving from the operation of industrial, manufacturing, warehousing, 34 waste treatment plants, commercial, recreation and research facilities, 35 and aid the conservation, protection and improvement of natural 36 resources and the environment and thereby provide these properties and 37 programs tax credits for the purpose of protecting the health and well- 38 being of these communities. 39 § 4. This act shall take effect on the ninetieth day after it shall 40 have become a law.