Assembly Bill A9189

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9189
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2025
                                ___________
 
 Introduced  by M. of A. BOLOGNA -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the energy law and the executive  law,  in  relation  to
   limiting  the prohibition on the installation of fossil-fuel equipment
   and building systems in new construction to  buildings  located  in  a
   city with a population of one million or more; and to amend the public
   authorities  law and the public buildings law, in relation to limiting
   the requirement of establishing   decarbonization   action  plans  for
   state-owned  facilities  to  facilities located in a city with a popu-
   lation of one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "upstate energy choice act".
   § 2. Paragraph (b) of subdivision 6 of section 11-104  of  the  energy
 law, as added by section 1 of part RR of chapter 56 of the laws of 2023,
 is amended to read as follows:
   (b)  In addition to the foregoing, to support the goal of zero on-site
 greenhouse gas emissions and help achieve the state's clean  energy  and
 climate  agenda,  including  but not limited to greenhouse gas reduction
 requirements set forth within chapter one hundred six of the laws of two
 thousand nineteen, also known as the New York state  climate  leadership
 and  community  protection act, the code shall prohibit the installation
 of fossil-fuel equipment and  building  systems,  in  any  new  building
 LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE not more than
 seven  stories  in  height,  except  for  a new commercial or industrial
 building greater than one hundred thousand square  feet  in  conditioned
 floor area, on or after December thirty-first, two thousand twenty-five,
 and  the  code  shall prohibit the installation of fossil-fuel equipment
 and building systems, in all new buildings LOCATED  IN  A  CITY  WITH  A

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14001-02-5
 A. 9189                             2
              

 
 POPULATION OF ONE MILLION OR MORE after December thirty-first, two thou-
 sand twenty-eight.
   §  3. Subparagraph 3 of paragraph b of subdivision 2 of section 371 of
 the executive law, as amended by section 2 of part RR of chapter  56  of
 the laws of 2023, is amended to read as follows:
   (3)  recognize  that the decarbonization of new and existing buildings
 LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR  MORE  is  closely
 related  to  the state's clean energy and climate agenda as described in
 the New York climate leadership and community protection act  set  forth
 in  chapter  one  hundred  six of the laws of two thousand nineteen, and
 that the uniform code shall enable the state's clean energy objectives;
   § 4. Paragraph a of subdivision 19 of section  378  of  the  executive
 law, as added by section 3 of part RR of chapter 56 of the laws of 2023,
 is amended to read as follows:
   a.  To  support  the goal of zero on-site greenhouse gas emissions and
 help achieve the state's clean energy and climate agenda, including  but
 not  limited  to  greenhouse gas reduction requirements set forth within
 chapter one hundred six of the laws of two thousand nineteen, also known
 as the New York state climate leadership and community  protection  act,
 the  uniform  code shall prohibit the installation of fossil-fuel equip-
 ment and building systems, in any new building LOCATED IN A CITY WITH  A
 POPULATION OF ONE MILLION OR MORE not more than seven stories in height,
 except  for  a  new  commercial  or industrial building greater than one
 hundred thousand square feet in conditioned  floor  area,  on  or  after
 December  thirty-first,  two  thousand twenty-five, and the uniform code
 shall prohibit the installation of fossil-fuel  equipment  and  building
 systems, in all new buildings LOCATED IN A CITY WITH A POPULATION OF ONE
 MILLION  OR MORE on or after December thirty-first, two thousand twenty-
 eight.
   § 5. Subdivision 30 of section 1005 of the public authorities law,  as
 added  by  section  4  of  part RR of chapter 56 of the laws of 2023, is
 amended to read as follows:
   30. To establish decarbonization action plans for state-owned  facili-
 ties  LOCATED  IN  A  CITY  WITH  A POPULATION OF ONE MILLION OR MORE as
 provided for in section ninety of  the  public  buildings  law,  and  to
 consult, cooperate, and coordinate with any state entity, as required or
 authorized in article four-D of the public buildings law.
   § 6. Subdivision 3 of section 90 of the public buildings law, as added
 by section 5 of part RR of chapter 56 of the laws of 2023, is amended to
 read as follows:
   3.  "Highest-emitting facilities" means state-owned facilities LOCATED
 IN A CITY WITH A POPULATION OF ONE MILLION OR MORE that  are  among  the
 highest  producers  of greenhouse gas emissions and collectively account
 for at least thirty percent of the greenhouse gas emissions as  recorded
 by the authority's Build Smart NY program established pursuant to Execu-
 tive Order 88 of 2012.
   § 7. This act shall take effect immediately.