Senate Bill S8849

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8849
 
                             I N  S E N A T E
 
                              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:
 
   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.
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14186-01-5
 S. 8849                             2
 
   (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.
   (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.
 S. 8849                             3
 
   (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.