S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8996
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 13, 2025
                                ___________
 
 Introduced  by M. of A. BOLOGNA -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, the  public  service
   law,  the energy law and the executive law, in relation to authorizing
   local governments to opt out of mandates and benchmarks arising  under
   the  climate  leadership  and  community protection act and associated
   universal electrification requirements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and intent. The legislature hereby
 finds and declares:
   (a) New York state is on a collision course with an energy affordabil-
 ity and reliability crisis due  to  increasingly  rigid  and  unilateral
 mandates  arising  from  the climate leadership and community protection
 act (CLCPA) and related universal electrification policies;
   (b) The forced transition to all-electric building codes and transpor-
 tation  benchmarks,  without  sufficient  infrastructure,  technological
 readiness,  or financial safeguards, poses a substantial threat to rate-
 payers, local economies, and public safety;
   (c) Communities in western New York  and  throughout  the  state  must
 retain the ability to make energy choices appropriate to their economic,
 geographic, and infrastructural circumstances;
   (d)  Municipal  home rule and energy choice must be preserved, partic-
 ularly where mandates  create  new  costs,  burdens,  or  public  safety
 concerns; and
   (e)  California's recent withdrawal of the advanced clean fleets (ACF)
 rule, with a formal repeal soon to follow, and other states' reconsider-
 ation of strict  electrification  timelines  suggest  a  prudent  course
 correction is warranted.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 75-0121 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13531-01-5
              

 A. 8996                             2
 
 § 75-0121. MUNICIPAL OPT-OUT AUTHORITY.
   1.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, A CITY, EXCLUDING
 CITIES WITH A POPULATION OF ONE MILLION OR MORE, TOWN, OR  VILLAGE  MAY,
 BY  MAJORITY VOTE OF ITS LEGISLATIVE BODY, ADOPT A RESOLUTION OPTING OUT
 OF ANY REQUIREMENT, BENCHMARK, OR MANDATE IMPOSED UNDER THIS ARTICLE  OR
 ANY  RELATED  REGULATION  OR CODE REQUIRING UNIVERSAL ELECTRIFICATION OR
 RESTRICTING THE USE OF TRADITIONAL ENERGY SOURCES.
   2. SUCH RESOLUTION SHALL BE FILED WITH THE DEPARTMENT AND  SHALL  TAKE
 EFFECT UPON SUCH FILING.
   3.  NO  MUNICIPALITY  SHALL BE PENALIZED, DENIED FUNDING, OR OTHERWISE
 DISADVANTAGED BY THE STATE FOR EXERCISING THE OPT-OUT AUTHORITY  GRANTED
 UNDER THIS SECTION.
   §  3. The public service law is amended by adding a new section 8-a to
 read as follows:
   § 8-A. OPT-OUT PROVISION UNDER THE RAPID ACT. ANY MUNICIPALITY  OPTING
 OUT  PURSUANT  TO  SECTION 75-0121 OF THE ENVIRONMENTAL CONSERVATION LAW
 SHALL BE DEEMED TO HAVE OPTED OUT OF ANY STREAMLINED PERMITTING REQUIRE-
 MENTS, BENCHMARKS, OR INFRASTRUCTURE OBLIGATIONS ARISING  UNDER  ARTICLE
 EIGHT  OF  THIS CHAPTER WHERE SUCH OBLIGATIONS RELATE TO ELECTRIFICATION
 OR ZERO-EMISSION COMPLIANCE BENCHMARKS.
   § 4. The energy law is amended by adding a  new  section  11-104-a  to
 read as follows:
   §  11-104-A.  OPT-OUT OF ELECTRIFICATION MANDATES. A MUNICIPALITY THAT
 ADOPTS AN OPT-OUT RESOLUTION PURSUANT TO SECTION 75-0121 OF THE ENVIRON-
 MENTAL CONSERVATION LAW SHALL BE EXEMPT FROM:
   1. ANY REQUIREMENT UNDER THIS CHAPTER MANDATING THE ELECTRIFICATION OF
 NEW RESIDENTIAL OR COMMERCIAL BUILDINGS; AND
   2. THE IMPOSITION OF ELECTRIC  VEHICLE  INFRASTRUCTURE  BENCHMARKS  ON
 MUNICIPAL  FACILITIES,  INCLUDING BUT NOT LIMITED TO, MANDATES REQUIRING
 LEVEL TWO CHARGING INFRASTRUCTURE IN PUBLIC PARKING LOTS.
   § 5. Section 378 of the executive law  is  amended  by  adding  a  new
 subdivision 10-a to read as follows:
   10-A.  THE  REQUIREMENTS  OF  THIS SECTION, INCLUDING THOSE SET BY THE
 STATE ENERGY CONSERVATION CONSTRUCTION CODE  AND  ADOPTED  BY  THE  FIRE
 PREVENTION  AND BUILDING CODE COUNCIL, SHALL NOT APPLY TO MUNICIPALITIES
 THAT HAVE ADOPTED AN OPT-OUT RESOLUTION PURSUANT TO SECTION  75-0121  OF
 THE  ENVIRONMENTAL  CONSERVATION  LAW,  TO  THE EXTENT SUCH REQUIREMENTS
 MANDATE ELECTRIFICATION OR PRECLUDE THE USE  OF  NATURAL  GAS  OR  OTHER
 TRADITIONAL ENERGY SOURCES.
   §  6.  Severability.  If  any provision of this act or the application
 thereof to any person or circumstance is held invalid, the remainder  of
 the  act  and  the  application  of  such  provision to other persons or
 circumstances shall not be affected thereby.
   § 7. This act shall take effect immediately.