New York 2025-2026 Regular Session

New York Assembly Bill A09189

Introduced
11/3/25  
Refer
11/3/25  

Caption

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.

Impact

If enacted, A09189 will modify existing provisions under the energy law and executive law by permitting fossil-fuel equipment in new buildings outside the major metropolitan areas. This could lead to a bifurcated regulatory landscape, where urban centers adhere to stricter decarbonization goals while rural or smaller cities have more lenient building codes. As a result, this may influence the building and construction industry differently across urban and non-urban regions, potentially stalling overall greenhouse gas reduction efforts in less populated areas.

Summary

Bill A09189, also known as the 'Upstate Energy Choice Act', seeks to redefine the regulatory framework surrounding fossil-fuel equipment and building systems within new constructions. Specifically, the bill aims to limit the prohibition of fossil-fuel installations to buildings located in cities with a population of one million or more. This represents a significant shift from the broader application of previous regulations intended to reduce on-site greenhouse gas emissions and meet the state's clean energy and climate agenda.

Contention

Key points of contention surrounding this bill include concerns from environmental advocates who argue that relaxing regulations in smaller cities contradicts statewide efforts to combat climate change. Proponents of the bill, however, argue that providing flexibility in energy choices is necessary for economic development in regions where reliance on fossil fuels is more commonplace. The balance between development needs and environmental responsibility remains a heated topic of discussion among legislators, stakeholders, and constituents alike.

Companion Bills

No companion bills found.

Previously Filed As

NY A09221

Repeals provisions of law relating to prohibiting the installation of fossil-fuel equipment and building systems in new construction and to establishing decarbonization action plans for state-owned facilities.

NY S08923

Prohibits tier two battery energy storage systems within one thousand feet of a populated area, in a city with a population of one million or more.

NY A10268

Prohibits tier two battery energy storage systems within one thousand feet of a populated area, in a city with a population of one million or more.

NY S09959

Provides tax abatements for building owners in a city having a population of one million or more who complete exterior repairs to covered buildings.

NY S07710

Prohibits the construction or maintenance of energy storage systems capable of storing more than twenty kilowatt hours within five hundred feet of a school or dwelling in a city with a population of one million or more.

NY A10723

Prohibits the construction or maintenance of energy storage systems capable of storing more than twenty kilowatt hours within five hundred feet of a school or dwelling in a city with a population of one million or more.

NY S07401

Relates to party nominations for candidates for office, excluding counties located within cities with a population of one million or more.

NY A08846

Prohibits the sale of tax liens by a tax district in a city with a population of one million or more.

NY A01504

Removes the requirement that rent arrears be repaid for social services districts located in a municipality with a population of five million or more.

NY S01458

Removes the requirement that rent arrears be repaid for social services districts located in a municipality with a population of five million or more.

Similar Bills

No similar bills found.