[HISTORY: Adopted by the Albany County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 6-13-2022 by L.L. No. 1-2022]
This article shall be known as the "Sustainable Technology and
Green Energy Act."
A.
In 2019,
the State of New York enacted the Climate Leadership and Community
Protection Act (CLCPA), thereby creating one of the most ambitious
and comprehensive climate and energy laws in the country. The CLCPA
calls for nothing less than the decarbonization of the New York State
economy and calls on each and every municipality in the state to collaboratively
work to significantly increase the green energy business infrastructure
in their municipalities to the greatest extent possible. New York
has set aggressive goals through the CLCPA, and has established a
target of reaching a point where no less than 70% of the state's electricity
consumption will be derived from renewable power generation by the
year 2030.
B.
The Albany
County Legislature finds that local municipalities are uniquely situated
to address the climate goals noted in the CLCPA through local economic
development efforts which prioritize the shift towards clean renewable
energy systems and green business that will fuel our economy in the
next century. Through collaborative efforts amongst neighboring municipalities,
and local economic development agencies, Albany County intends to
provide the resources through which businesses can find a partner
in the fight for a healthier environment that brings long-term job
investment and employment to our community.
C.
The Albany
County Legislature further finds that as our national state and local
governments emerge from the COVID-19 pandemic, the need for an economy
driven by green economic development has become more apparent than
ever. Only through sustainable investment in long-term clean energy
businesses can we hope to stem the tide of decades of environmental
devastation brought on by a much prolonged dependence on petroleum-based
economies. The Albany County Legislature determines that the County
of Albany and its arms of municipal government can act as a promoter
of this type of economic development and intends to commit significant
resources to the development of green economic development projects
across the County.
D.
The intention
of the Albany County Legislature is to establish a Sustainable Technology
and Green Energy Plan, which will invigorate and diversify the green
business industry in the County of Albany for years to come and contribute
to significant economic development, job retention and development.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Office of Management and Budget as established by Article 5, §§ 501 and 502, of the Albany County Charter.
The Albany County Comptroller as established by Article 4, § 401, of the Albany County Charter.
The County of Albany, New York.
The Albany County Executive as established by Article 3, §§ 301 and 302, of the Albany County Charter.
The Director of the Albany County Department of Economic Development, Conservation and Planning as established by Article 11, §§ 1101 and 1102, of the Albany County Charter.
A project undertaken by local development agencies (as defined
herein) which is for the purpose of improvement of economic development,
job retention, job growth or business growth within the County.
Assistance that is provided to the covered entity for the
improvement or development of real property, economic development,
job retention and growth, or other similar purposes, that is provided
either 1) directly by the County, or 2) indirectly by local economic
development agencies. Financial assistance, as defined in this section,
shall include, but not be limited to: grants, bonds, financing, real
property tax abatements or exemptions (including, but not limited
to, abatements or exemptions from real property taxes, mortgage recording
taxes, sales and use taxes or payments in lieu of taxes).
Any entity that is a for-profit business that produces goods
or provides services that benefit the environment, conserve natural
resources or reduce greenhouse gas emissions. Green businesses include,
but are not limited to, corporations that manufacture, produce, build,
engineer, service, supply and/or distribute any product which produces
clean energy sources or reduces emissions in other sectors of the
economy, such as building or transportation, in order to meet local,
state and federal sustainability goals and contribute demonstrably
to the green business footprint in the County.
An entity that has been constituted and/or established to
provide or administer economic development benefits on behalf of the
County, including, but not limited to:
A not-for-profit local development corporation established pursuant
to New York State Not-for-Profit Corporation Law § 1411;
An industrial development agency established pursuant to New
York State General Municipal Law § 856 and/or § 90-3b;
or
Any urban development corporation as defined by the New York
State Urban Development Corporation Act and/or a public benefit corporation
as authorized by the laws of New York.
The Sustainable Technology and Green Energy Plan within Albany County that is authorized and established by § 135-4 of this article.
A.
The Albany
County Legislature hereby establishes an economic development program
within Albany County, which shall hereinafter be known as the "Sustainable
Technology and Green Energy Plan" (the "STAGE Plan"). The STAGE Plan
is intended to contribute to the revitalization of the County economy,
in part, through the support and development of green businesses which
bring innovation in the green energy sector and work to diversify
our local green business community in contribution to the goals set
forth in the Climate Leadership and Community Protection Act (CLCPA),
which was adopted by the New York State Legislature in 2019.
B.
The Director is hereby authorized to exercise all powers granted to them pursuant to Article 11, §§ 1101 and 1102, of the Albany County Charter to establish and develop the STAGE Plan and encourage related green business economic development priorities as established by this article. The Director is encouraged to work collaboratively with the County Executive, Comptroller, Commissioner in the development of the STAGE Plan, which prioritizes the retention and attraction of green business in the County.
C.
Included
in the STAGE Plan shall be primary goals including, but not limited
to:
(1)
The
fostering of, expansion towards and development of green businesses
in the County of Albany;
(2)
The
development and promulgation of rules and regulations which are geared
towards the encouragement of green business in the County of Albany;
(3)
The
development of intermunicipal agreements as well as agreements with
local development agencies for the purpose of attracting green business
to the County of Albany and providing financial assistance thereto;
and
(4)
The
prioritization of economic development projects which increase the
amount of green business, and related employment opportunities created
by each in the County of Albany.
D.
In furtherance
of establishing a robust economy with a thriving green energy sector,
the Director is further authorized to take any and all steps necessary
and required to collaborate with local development agencies which
are already established and operating in the County to support the
local economic development goals noted above. This support includes,
but is not limited to, financial assistance to green business, and
economic development projects as defined by this article.
E.
No later
than January 1, 2023, the Director shall promulgate and implement
rules and regulations as appropriate and authorized by this section
that are necessary and required to establish the STAGE Plan. The Director
is authorized to work in collaboration and consultation with the County
Executive, Comptroller, Commissioner, the Legislature, the Albany
County Attorney, and their representatives, as deemed necessary and
appropriate to implement the purposes of this article. The Albany
County Legislature shall approve the final STAGE Plan when it is submitted
by the Director.
F.
The Comptroller
and/or the Albany County Legislature may inspect the records and documents
related to the STAGE Plan upon written request to the Director and/or
the County Executive. Once a properly submitted written request is
filed, the Director and/or County Executive must respond within 30
business days with records which respond to a request related to the
STAGE Plan.
A.
On an annual
basis, the Director shall, in conjunction with the Commissioner, incorporate
into the County's yearly budget proposal a fund or appropriation sufficient
to support all purposes of this article, including, but not limited
to, the necessary community outreach to green businesses, to provide
for financial assistance as authorized by this article, and to encourage
economic development projects prioritized by this article.
B.
The Commissioner of Management and Budget is further authorized pursuant to this article, and consistent with Article 6 of the Albany County Charter and relevant New York State law, to establish any and all necessary funds within each annual County budget proposal which funds all programs and goals as outlined in this article.
