Assembly Bill A9364

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9364
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  This act shall be known and may be cited as the "regional
 equity in policy implementation act".
   § 2. Legislative findings and intent. The Legislature finds  that  New
 York  State's  diverse  regions  including  the  North  Country, Capital
 Region, Mohawk Valley, Central New  York,  Southern  Tier,  Western  New
 York,  the  Hudson  Valley,  New York City, and Long Island face signif-
 icantly different economic  capacities,  infrastructure  realities,  and
 readiness levels for transition to the green economy.
   While certain regions of the state possess robust and modernized elec-
 trical grids and transportation infrastructure, other areas particularly
 rural  and  upstate  regions--experience  aging  or  unreliable  utility
 systems,  reduced  tax  bases,  unique   geographic   constraints,   and
 disproportionate implementation costs.
   Statewide  mandates  and  programs  often assume uniform readiness and
 capacity  across  all  regions,  unintentionally  creating   inequitable
 burdens and slowing progress toward statewide climate and sustainability
 goals.
   Therefore,  it  is the intent of the Legislature to ensure that state-
 wide policies recognize these regional  differences  by  establishing  a
 standardized  10-point regional impact test to evaluate the feasibility,
 cost, and equity implications of proposed laws, regulations, and capital
 programs.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14186-01-5
 A. 9364                             2
              

 
   § 3. The executive law is amended by adding a new section 184 to  read
 as follows:
   §  184.  REGIONAL IMPACT ASSESSMENT FRAMEWORK.  1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "POLICY" SHALL MEAN ANY STATEWIDE LEGISLATION, REGULATORY  ACTION,
 PROGRAM  DESIGN,  OR  FUNDING MANDATE INVOLVING CLIMATE, ENERGY, INFRAS-
 TRUCTURE, ECONOMIC DEVELOPMENT, OR MUNICIPAL OBLIGATIONS.
   (B) "TEST" SHALL MEAN THE TEN-POINT  REGIONAL  IMPACT  TEST  DEVELOPED
 UNDER THIS SECTION.
   2.  THE DIVISION OF THE BUDGET, IN CONSULTATION WITH THE DEPARTMENT OF
 PUBLIC SERVICE, THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION,  THE  NEW
 YORK  STATE  ENERGY  RESEARCH  AND DEVELOPMENT AUTHORITY, AND THE EMPIRE
 STATE DEVELOPMENT CORPORATION, SHALL:
   (A) DEVELOP AND MAINTAIN A REGIONAL IMPACT ASSESSMENT FRAMEWORK APPLI-
 CABLE TO STATEWIDE POLICIES; AND
   (B) DEFINE NO LESS THAN TEN REGIONS OF THE STATE.
   3. ANY POLICY PROPOSED WITHIN THE STATE SHALL BE ACCOMPANIED BY:
   (A) A TEN-POINT REGIONAL IMPACT TEST,  UNLESS  EXPRESSLY  EXEMPTED  BY
 LAW; AND
   (B) A PUBLICLY AVAILABLE REPORT BASED ON THE TEN-POINT REGIONAL IMPACT
 TEST WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) REGIONAL DISPARITIES IDENTIFIED AND TAKEN INTO ACCOUNT;
   (II)  STRATEGIES  WHICH  SUPPORT  REGIONS WITH LOWER CAPACITY OR READ-
 INESS;
   (III) DEMONSTRATIONS THAT REGIONS ARE NOT DISPROPORTIONATELY  BURDENED
 IN COST, COMPLIANCE, OR INFRASTRUCTURE REQUIREMENTS;
   (IV) ANY DATA SUPPORTING THE REGIONAL IMPACT TEST'S RESULTS; AND
   (V) DETAILED INFORMATION ON PROPOSED MITIGATION STRATEGIES.
   4.  (A)  THE TEN-POINT REGIONAL IMPACT TEST SHALL INCLUDE TEN CRITERIA
 WHICH SHALL BE EVALUATED AND SCORED FOR EACH REGION  WITHIN  THE  STATE.
 SUCH CRITERIA SHALL BE:
   (I) INFRASTRUCTURE READINESS, INCLUDING BUT NOT LIMITED TO RELIABILITY
 OF   THE   ELECTRICAL   GRID,  BROADBAND,  TRANSPORTATION  SYSTEMS,  AND
 WATER/WASTEWATER CAPACITY.
   (II) ECONOMIC CAPACITY, INCLUDING BUT NOT LIMITED TO ABILITY OF HOUSE-
 HOLDS, MUNICIPALITIES, AND BUSINESSES TO ABSORB  COMPLIANCE  OR  UPGRADE
 COSTS.
   (III)  WORKFORCE AVAILABILITY AND SKILLS, INCLUDING BUT NOT LIMITED TO
 AVAILABILITY OF TRAINED WORKERS NEEDED TO IMPLEMENT THE POLICY OR WHETH-
 ER ADDITIONAL WORKFORCE DEVELOPMENT IS REQUIRED.
   (IV) TECHNOLOGICAL READINESS, INCLUDING BUT NOT LIMITED TO AVAILABILI-
 TY OF CLEAN-ENERGY SYSTEMS, ELECTRIC VEHICLE INFRASTRUCTURE, HEAT PUMPS,
 TRANSMISSION CAPACITY, AND RELATED TECHNOLOGIES.
   (V) GEOGRAPHIC AND CLIMATIC CONDITIONS, INCLUDING BUT NOT  LIMITED  TO
 UNIQUE CHALLENGES RELATED TO CLIMATE, WEATHER SEVERITY, RURAL DISTANCES,
 OR TERRAIN.
   (VI)  COMMUNITY  AND  DEMOGRAPHIC  NEEDS, INCLUDING BUT NOT LIMITED TO
 IMPACTS ON LOW-INCOME COMMUNITIES, AGING  POPULATIONS,  AND  AREAS  WITH
 LIMITED TRANSPORTATION ACCESS.
   (VII) MUNICIPAL CAPACITY, INCLUDING BUT NOT LIMITED TO AVAILABILITY OF
 LOCAL  PLANNING  STAFF,  CODE  ENFORCEMENT,  GRANT-WRITING CAPACITY, AND
 REGIONAL ADMINISTRATIVE SUPPORT.
   (VIII) COST-BENEFIT DISTRIBUTION, INCLUDING BUT NOT LIMITED TO WHETHER
 BENEFITS AND BURDENS ARE PROPORTIONALLY SHARED BETWEEN REGIONS.
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   (IX) IMPLEMENTATION TIMELINE FEASIBILITY, INCLUDING BUT NOT LIMITED TO
 WHETHER THE PROPOSED TIMELINE IS PRACTICAL GIVEN A REGION'S  INFRASTRUC-
 TURE AND ECONOMIC REALITIES.
   (X)  EQUITY  AND  RESILIENCY  OUTCOMES,  INCLUDING  BUT NOT LIMITED TO
 ASSESSMENT  OF  WHETHER  THE  POLICY  INCREASES  RESILIENCY  AND  AVOIDS
 DISPROPORTIONATE IMPACTS ON ANY REGION.
   (B)  EACH  REGION  SHALL  RECEIVE A RATING OF "HIGH IMPACT," "MODERATE
 IMPACT," OR "LOW/NO IMPACT" BASED ON THE FINDINGS  OF  THE  TEST.  WHERE
 THREE  OR  MORE REGIONS SCORE "HIGH IMPACT," THE POLICY SHALL BE REVISED
 OR INCLUDE MITIGATION MEASURES.
   5. MITIGATION MEASURES SHALL BE TAILORED TO THE REGION AND THE  CRITE-
 RIA  RESULTING  IN  THE  "HIGH  IMPACT" RATING AND SHALL NOT INCLUDE THE
 POLICY BEING IMPLEMENTED IN A MANNER THAT  DISPROPORTIONATELY  HARMS  OR
 DELAYS PROGRESS IN REGIONS WITH LOWER INFRASTRUCTURE READINESS.
   6.  THE  DIVISION  OF  THE BUDGET SHALL SUBMIT AN ANNUAL REPORT TO THE
 LEGISLATURE AND THE  GOVERNOR  SUMMARIZING  STATEWIDE  TRENDS,  REGIONAL
 NEEDS, AND RECOMMENDED UPDATES TO THIS SECTION.
   §  4.  This  act  shall take effect immediately and shall apply to all
 statewide legislation, regulatory actions, program designs,  or  funding
 mandates chaptered or adopted on and after January 1, 2027.