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A09364 Summary:

BILL NOA09364
 
SAME ASNo Same As
 
SPONSORCashman
 
COSPNSR
 
MLTSPNSR
 
Add §184, Exec L
 
Enacts the regional equity in policy implementation act; establishes a regional impact assessment framework; requires a ten-point regional impact test for statewide climate, energy, and infrastructure policies.
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A09364 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9364
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 19, 2025
                                       ___________
 
        Introduced  by M. of A. CASHMAN -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN ACT to amend  the  executive  law,  in  relation  to  establishing  a
          regional   impact  assessment  framework  and  requiring  a  ten-point
          regional impact test for statewide climate, energy, and infrastructure
          policies

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This act shall be known and may be cited as the "regional
     2  equity in policy implementation act".
     3    § 2. Legislative findings and intent. The Legislature finds  that  New
     4  York  State's  diverse  regions  including  the  North  Country, Capital
     5  Region, Mohawk Valley, Central New  York,  Southern  Tier,  Western  New
     6  York,  the  Hudson  Valley,  New York City, and Long Island face signif-
     7  icantly different economic  capacities,  infrastructure  realities,  and
     8  readiness levels for transition to the green economy.
     9    While certain regions of the state possess robust and modernized elec-
    10  trical grids and transportation infrastructure, other areas particularly
    11  rural  and  upstate  regions--experience  aging  or  unreliable  utility
    12  systems,  reduced  tax  bases,  unique   geographic   constraints,   and
    13  disproportionate implementation costs.
    14    Statewide  mandates  and  programs  often assume uniform readiness and
    15  capacity  across  all  regions,  unintentionally  creating   inequitable
    16  burdens and slowing progress toward statewide climate and sustainability
    17  goals.
    18    Therefore,  it  is the intent of the Legislature to ensure that state-
    19  wide policies recognize these regional  differences  by  establishing  a
    20  standardized  10-point regional impact test to evaluate the feasibility,
    21  cost, and equity implications of proposed laws, regulations, and capital
    22  programs.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14186-01-5

        A. 9364                             2
 
     1    § 3. The executive law is amended by adding a new section 184 to  read
     2  as follows:
     3    §  184.  Regional impact assessment framework.  1. For the purposes of
     4  this section, the following terms shall have the following meanings:
     5    (a) "policy" shall mean any statewide legislation, regulatory  action,
     6  program  design,  or  funding mandate involving climate, energy, infras-
     7  tructure, economic development, or municipal obligations.
     8    (b) "test" shall mean the ten-point  regional  impact  test  developed
     9  under this section.
    10    2.  The division of the budget, in consultation with the department of
    11  public service, the department of environmental  conservation,  the  New
    12  York  state  energy  research  and development authority, and the empire
    13  state development corporation, shall:
    14    (a) develop and maintain a regional impact assessment framework appli-
    15  cable to statewide policies; and
    16    (b) define no less than ten regions of the state.
    17    3. Any policy proposed within the state shall be accompanied by:
    18    (a) a ten-point regional impact test,  unless  expressly  exempted  by
    19  law; and
    20    (b) a publicly available report based on the ten-point regional impact
    21  test which shall include, but not be limited to:
    22    (i) regional disparities identified and taken into account;
    23    (ii)  strategies  which  support  regions with lower capacity or read-
    24  iness;
    25    (iii) demonstrations that regions are not disproportionately  burdened
    26  in cost, compliance, or infrastructure requirements;
    27    (iv) any data supporting the regional impact test's results; and
    28    (v) detailed information on proposed mitigation strategies.
    29    4.  (a)  The ten-point regional impact test shall include ten criteria
    30  which shall be evaluated and scored for each region  within  the  state.
    31  Such criteria shall be:
    32    (i) infrastructure readiness, including but not limited to reliability
    33  of   the   electrical   grid,  broadband,  transportation  systems,  and
    34  water/wastewater capacity.
    35    (ii) economic capacity, including but not limited to ability of house-
    36  holds, municipalities, and businesses to absorb  compliance  or  upgrade
    37  costs.
    38    (iii)  workforce availability and skills, including but not limited to
    39  availability of trained workers needed to implement the policy or wheth-
    40  er additional workforce development is required.
    41    (iv) technological readiness, including but not limited to availabili-
    42  ty of clean-energy systems, electric vehicle infrastructure, heat pumps,
    43  transmission capacity, and related technologies.
    44    (v) geographic and climatic conditions, including but not  limited  to
    45  unique challenges related to climate, weather severity, rural distances,
    46  or terrain.
    47    (vi)  community  and  demographic  needs, including but not limited to
    48  impacts on low-income communities, aging  populations,  and  areas  with
    49  limited transportation access.
    50    (vii) municipal capacity, including but not limited to availability of
    51  local  planning  staff,  code  enforcement,  grant-writing capacity, and
    52  regional administrative support.
    53    (viii) cost-benefit distribution, including but not limited to whether
    54  benefits and burdens are proportionally shared between regions.

        A. 9364                             3
 
     1    (ix) implementation timeline feasibility, including but not limited to
     2  whether the proposed timeline is practical given a region's  infrastruc-
     3  ture and economic realities.
     4    (x)  equity  and  resiliency  outcomes,  including  but not limited to
     5  assessment  of  whether  the  policy  increases  resiliency  and  avoids
     6  disproportionate impacts on any region.
     7    (b)  Each  region  shall  receive a rating of "high impact," "moderate
     8  impact," or "low/no impact" based on the findings  of  the  test.  Where
     9  three  or  more regions score "high impact," the policy shall be revised
    10  or include mitigation measures.
    11    5. Mitigation measures shall be tailored to the region and the  crite-
    12  ria  resulting  in  the  "high  impact" rating and shall not include the
    13  policy being implemented in a manner that  disproportionately  harms  or
    14  delays progress in regions with lower infrastructure readiness.
    15    6.  The  division  of  the budget shall submit an annual report to the
    16  legislature and the  governor  summarizing  statewide  trends,  regional
    17  needs, and recommended updates to this section.
    18    §  4.  This  act  shall take effect immediately and shall apply to all
    19  statewide legislation, regulatory actions, program designs,  or  funding
    20  mandates chaptered or adopted on and after January 1, 2027.
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