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S08849 Summary:

BILL NOS08849
 
SAME ASSAME AS A09364
 
SPONSORSTEC
 
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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S08849 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8849
 
                    IN SENATE
 
                                     January 9, 2026
                                       ___________
 
        Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Budget and Revenue
 
        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.
    23    § 3. The executive law is amended by adding a new section 184 to  read
    24  as follows:
    25    §  184.  Regional impact assessment framework.  1. For the purposes of
    26  this section, the following terms shall have the following meanings:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14186-01-5

        S. 8849                             2
 
     1    (a) "policy" shall mean any statewide legislation, regulatory  action,
     2  program  design,  or  funding mandate involving climate, energy, infras-
     3  tructure, economic development, or municipal obligations.
     4    (b)  "test"  shall  mean  the ten-point regional impact test developed
     5  under this section.
     6    2. The division of the budget, in consultation with the department  of
     7  public  service,  the  department of environmental conservation, the New
     8  York state energy research and development  authority,  and  the  empire
     9  state development corporation, shall:
    10    (a) develop and maintain a regional impact assessment framework appli-
    11  cable to statewide policies; and
    12    (b) define no less than ten regions of the state.
    13    3. Any policy proposed within the state shall be accompanied by:
    14    (a)  a  ten-point  regional  impact test, unless expressly exempted by
    15  law; and
    16    (b) a publicly available report based on the ten-point regional impact
    17  test which shall include, but not be limited to:
    18    (i) regional disparities identified and taken into account;
    19    (ii) strategies which support regions with  lower  capacity  or  read-
    20  iness;
    21    (iii)  demonstrations that regions are not disproportionately burdened
    22  in cost, compliance, or infrastructure requirements;
    23    (iv) any data supporting the regional impact test's results; and
    24    (v) detailed information on proposed mitigation strategies.
    25    4. (a) The ten-point regional impact test shall include  ten  criteria
    26  which  shall  be  evaluated and scored for each region within the state.
    27  Such criteria shall be:
    28    (i) infrastructure readiness, including but not limited to reliability
    29  of  the  electrical  grid,  broadband,   transportation   systems,   and
    30  water/wastewater capacity.
    31    (ii) economic capacity, including but not limited to ability of house-
    32  holds,  municipalities,  and  businesses to absorb compliance or upgrade
    33  costs.
    34    (iii) workforce availability and skills, including but not limited  to
    35  availability of trained workers needed to implement the policy or wheth-
    36  er additional workforce development is required.
    37    (iv) technological readiness, including but not limited to availabili-
    38  ty of clean-energy systems, electric vehicle infrastructure, heat pumps,
    39  transmission capacity, and related technologies.
    40    (v)  geographic  and climatic conditions, including but not limited to
    41  unique challenges related to climate, weather severity, rural distances,
    42  or terrain.
    43    (vi) community and demographic needs, including  but  not  limited  to
    44  impacts  on  low-income  communities,  aging populations, and areas with
    45  limited transportation access.
    46    (vii) municipal capacity, including but not limited to availability of
    47  local planning staff,  code  enforcement,  grant-writing  capacity,  and
    48  regional administrative support.
    49    (viii) cost-benefit distribution, including but not limited to whether
    50  benefits and burdens are proportionally shared between regions.
    51    (ix) implementation timeline feasibility, including but not limited to
    52  whether  the proposed timeline is practical given a region's infrastruc-
    53  ture and economic realities.
    54    (x) equity and resiliency  outcomes,  including  but  not  limited  to
    55  assessment  of  whether  the  policy  increases  resiliency  and  avoids
    56  disproportionate impacts on any region.

        S. 8849                             3
 
     1    (b) Each region shall receive a rating  of  "high  impact,"  "moderate
     2  impact,"  or  "low/no  impact"  based on the findings of the test. Where
     3  three or more regions score "high impact," the policy shall  be  revised
     4  or include mitigation measures.
     5    5.  Mitigation measures shall be tailored to the region and the crite-
     6  ria resulting in the "high impact" rating  and  shall  not  include  the
     7  policy  being  implemented  in a manner that disproportionately harms or
     8  delays progress in regions with lower infrastructure readiness.
     9    6. The division of the budget shall submit an  annual  report  to  the
    10  legislature  and  the  governor  summarizing  statewide trends, regional
    11  needs, and recommended updates to this section.
    12    § 4. This act shall take effect immediately and  shall  apply  to  all
    13  statewide  legislation,  regulatory actions, program designs, or funding
    14  mandates chaptered or adopted on and after January 1, 2027.
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