A 9189: Enacts the "upstate energy choice act"; limits 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; limits the requirement of establishing decarbonization action plans for state-owned facilities to facilities located in a city with a population of one million or more.

  
  STATE OF NEW YORK ________________________________________________________________________ 9189 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "upstate energy choice act". 3 § 2. Paragraph (b) of subdivision 6 of section 11-104 of the energy 4 law, as added by section 1 of part RR of chapter 56 of the laws of 2023, 5 is amended to read as follows: 6 (b) In addition to the foregoing, to support the goal of zero on-site 7 greenhouse gas emissions and help achieve the state's clean energy and 8 climate agenda, including but not limited to greenhouse gas reduction 9 requirements set forth within chapter one hundred six of the laws of two 10 thousand nineteen, also known as the New York state climate leadership 11 and community protection act, the code shall prohibit the installation 12 of fossil-fuel equipment and building systems, in any new building 13 located in a city with a population of one million or more not more than 14 seven stories in height, except for a new commercial or industrial 15 building greater than one hundred thousand square feet in conditioned 16 floor area, on or after December thirty-first, two thousand twenty-five, 17 and the code shall prohibit the installation of fossil-fuel equipment 18 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 1 population of one million or more after December thirty-first, two thou- 2 sand twenty-eight. 3 § 3. Subparagraph 3 of paragraph b of subdivision 2 of section 371 of 4 the executive law, as amended by section 2 of part RR of chapter 56 of 5 the laws of 2023, is amended to read as follows: 6 (3) recognize that the decarbonization of new and existing buildings 7 located in a city with a population of one million or more is closely 8 related to the state's clean energy and climate agenda as described in 9 the New York climate leadership and community protection act set forth 10 in chapter one hundred six of the laws of two thousand nineteen, and 11 that the uniform code shall enable the state's clean energy objectives; 12 § 4. Paragraph a of subdivision 19 of section 378 of the executive 13 law, as added by section 3 of part RR of chapter 56 of the laws of 2023, 14 is amended to read as follows: 15 a. To support the goal of zero on-site greenhouse gas emissions and 16 help achieve the state's clean energy and climate agenda, including but 17 not limited to greenhouse gas reduction requirements set forth within 18 chapter one hundred six of the laws of two thousand nineteen, also known 19 as the New York state climate leadership and community protection act, 20 the uniform code shall prohibit the installation of fossil-fuel equip- 21 ment and building systems, in any new building located in a city with a 22 population of one million or more not more than seven stories in height, 23 except for a new commercial or industrial building greater than one 24 hundred thousand square feet in conditioned floor area, on or after 25 December thirty-first, two thousand twenty-five, and the uniform code 26 shall prohibit the installation of fossil-fuel equipment and building 27 systems, in all new buildings located in a city with a population of one 28 million or more on or after December thirty-first, two thousand twenty- 29 eight. 30 § 5. Subdivision 30 of section 1005 of the public authorities law, as 31 added by section 4 of part RR of chapter 56 of the laws of 2023, is 32 amended to read as follows: 33 30. To establish decarbonization action plans for state-owned facili- 34 ties located in a city with a population of one million or more as 35 provided for in section ninety of the public buildings law, and to 36 consult, cooperate, and coordinate with any state entity, as required or 37 authorized in article four-D of the public buildings law. 38 § 6. Subdivision 3 of section 90 of the public buildings law, as added 39 by section 5 of part RR of chapter 56 of the laws of 2023, is amended to 40 read as follows: 41 3. "Highest-emitting facilities" means state-owned facilities located 42 in a city with a population of one million or more that are among the 43 highest producers of greenhouse gas emissions and collectively account 44 for at least thirty percent of the greenhouse gas emissions as recorded 45 by the authority's Build Smart NY program established pursuant to Execu- 46 tive Order 88 of 2012. 47 § 7. This act shall take effect immediately.