Int. No. 1012

By Council Members Farías, Gutiérrez, Louis, Restler, Hanif, Avilés, Won and Nurse

A Local Law to amend the administrative code of the city of New York, in relation to industrial development action plans

Be it enacted by the Council as follows:

Section 1. Chapter 6-D of title 22 of the administrative code of the city of New York is amended by adding a new section 22-627 to read as follows:

§ 22-627 Industrial development action plans. a. Definitions. For purposes of this section:

Contracted entity. The term “contracted entity” has the same meaning as such term is defined in section 22-821.

Core industrial. The term “Core industrial” means an area of an industrial business zone that is for predominantly industrial use, with large lots and access to designated truck routes, freight rail, or maritime freight capacity, with a policy goal to preserve and grow essential industrial businesses and city infrastructure.

Departments. The term “departments” means the department of city planning and the department of small business services.

Emerging business enterprise. The term “emerging business enterprise” means a business certified as an emerging business enterprise in accordance with section 1304 of the charter.

Growth district. The term “growth district” means an area of an industrial business zone that is transit accessible with a mix of industrial and commercial uses and a policy goal to grow a flexible mix of office, commercial, and industrial sectors.

Industrial business service provider. The term “industrial business service provider” means a not-for-profit organization contracted with the city to provide business services within an industrial business zone.

Industrial business zone. The term “industrial business zone” means an industrial business zone designated by the industrial business zone boundary commission pursuant to section 22-626.

Industrial sector. The term “industrial sector” means manufacturing, wholesale trade, transportation and warehousing, utilities, construction, motion picture and sound recording, repair and maintenance, and waste management and remediation services.

Land use framework. The term “land use framework” means a planning framework including but not limited to assessing the designation of areas within an industrial business zone as core industrial, transition area, or growth district.

Minority-owned business enterprise. The term “minority-owned business enterprise” means a business certified as a minority-owned business enterprise in accordance with section 1304 of the charter.

Transition area. The term “transition area” means an area of an industrial business zone that is for predominantly industrial use with some commercial mix, with a policy goal to support a continued mix of industrial and commercial uses.

Women-owned business enterprise. The term “women-owned business enterprise” means a business certified as a women-owned business enterprise in accordance with section 1304 of the charter.

b.  No later than October 1, 2024, and no later than October 1 of every fifth year thereafter, the departments shall, in coordination with a contracted entity, and other agencies and industrial business service providers where appropriate, submit to the mayor and speaker of the council an industrial development action plan. Such plan shall include but not be limited to:

1. An overview of current city policies to support and grow the industrial sector, including but not limited to economic incentives, workforce development, land use policy, and infrastructure investment;

2. An analysis of citywide industrial sector economic trends, growth opportunities, and challenges, and the role of the industrial sector and industrial land in achieving related citywide policy objectives including but not limited to energy policy and mandates to transition to green energy pursuant to article 75 of the environmental conservation law; transportation and freight policy; the efficiency and resiliency of supply chains for essential goods and services; city operations and facilities; and workforce needs;

3. Identification of citywide goals and strategies to support industrial development, expand and retain industrial businesses, and address the challenges identified pursuant to paragraph 2;

4. For each designated industrial business zone:

(a) An analysis of economic and land use data including but not limited to the following

categories, including for the prior two decades to the extent available to describe recent trends over time:

(1) Economic and employment data including but not limited to the New York State department of labor quarterly census on employment and wages data on number of businesses and jobs by sector and subsector, workforce demographics including but not limited to race, ethnicity, and country of origin, and real estate market data on sale and rent prices per square foot for industrial and commercial use;

(2) Land use and zoning data including but not limited to department of city planning PLUTO data;

(3) Construction permit data from the department of buildings;

(4) Property transaction data from the department of finance; and

(5) As-of-right and discretionary New York city and New York state financial incentives including but not limited to the industrial business zone tax credits contained in sections 11-503(n) and 11-604(17-b) of this code; the industrial and commercial abatement and expansion programs outlined in chapter 36 of title 19 of the rules of the city of New York (ICAP); the department of small business services’ energy cost savings program contained in chapter 5 of title 66 of the rules of the city of New York; the New York state excelsior jobs programs credit issued pursuant to section 31 of the tax law; tax exemptions for manufacturing offered under section 209 of the tax law; brownfield redevelopment tax credits offered under section 21 of the tax law; incentives offered by the New York city industrial development agency, including but not limited to the accelerated sales tax exemption program (ASTEP); and any relevant incentives offered by the New York state energy research and development authority.

(b) An identification of city-owned and city-leased property, and assessment of opportunities for development of such property in partnership with the designated industrial business service provider;

(c) A local business assessment in partnership with the designated industrial business service provider, including but not limited to a comprehensive survey of  businesses within the IBZ to better understand local business conditions, strengths, challenges, and needs;

(d) An analysis of environmental conditions, including but not limited to vulnerability to sea level rise and storm surge, environmental remediation and toxic pollution issues, air quality, and urban heat island effect; and

(e) An assessment of the state of repair of infrastructure, including but not limited to roads and truck routes, freight rail, maritime freight facilities, sewer and water, electric, and broadband internet access.

5. Based on the analysis and assessments conducted pursuant to paragraph 4, for each designated industrial business zone:

(a) An identification of economic development goals including but not limited to priority sectors and industries, job growth and business development;

(b) A land use framework; with implementation strategies and timelines based on the assessment performed as part of the land use framework;

(c) An identification of priority infrastructure capital investments, with implementation strategies and timelines; and

(d) A workforce development and local hiring strategy, including quantified targets for local business enterprises, minority- and women-owned business enterprises, and emerging business enterprises.

c. The departments, in coordination with the contracted entity, appropriate city agencies and industrial business service providers, shall regularly make recommendations to the mayor and speaker of the council regarding the industrial business action plans required by this section.

d. The final industrial development action plan shall be preceded by a draft industrial development action plan submitted to the mayor and speaker of the council and made publicly available online no later than July 1, 2024, and every five years thereafter. The departments shall hold a public hearing to solicit public comment and feedback prior to the release of the draft industrial development action plan.

§2. This local law takes effect 90 days after it becomes law.

Session 12

ARP

LS 12528

4/7/23