Bill Text: NY S09515 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the purchase of zero-emission buses and the procurement of electric-powered buses, vehicles or other related equipment and infrastructure; requires public utilities to have infrastructure, capacity, facilities, and transmission and distribution systems needed to supply power for the charging of zero-emission buses; provides a tariff for charging of electric buses.
Spectrum: Partisan Bill (Democrat 33-0)
Status: (Introduced) 2024-05-16 - REFERRED TO TRANSPORTATION [S09515 Detail]
Download: New_York-2023-S09515-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9515 IN SENATE May 16, 2024 ___________ Introduced by Sens. COONEY, ADDABBO, BAILEY, BRESLIN, BRISPORT, BROUK, CHU, COMRIE, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER, LIU, MANNION, MAY, MAYER, MYRIE, PARKER, RIVERA, RYAN, SALAZAR, SANDERS, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the transportation law, in relation to the purchase of zero-emission buses; to amend the public authorities law and the general municipal law, in relation to the procurement of electric-pow- ered buses, vehicles or other related equipment; and to amend the public service law, in relation to infrastructure and capacity related to charging of electric buses and a tariff for zero-emission bus charging The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. In 2019, New York enacted the Climate 2 Leadership and Community Protection Act to reduce the state's volume of 3 greenhouse gas emissions by at least 85% as compared to 1990 levels by 4 the year 2050. According to the Climate Action Council Scoping Plan, 5 the transportation sector is responsible for approximately 28% of New 6 York's total greenhouse gas emissions. Statewide conversion of public 7 transit bus fleets is an important undertaking required to meet this 8 emission reduction mandate. 9 The legislature recognizes that such a conversion will entail fiscal 10 obligations on the part of transit systems and utility providers in 11 order to purchase new buses, renovate or replace bus depots, expand 12 utility infrastructure and generation capacity, and other necessary 13 investments to ensure reliable delivery of zero-emission bus services. 14 Furthermore, the legislature recognizes that there are existing revenue 15 sources which currently fund public transit that rely on the consumption 16 of fossil fuels and which will diminish as the number of gas-powered 17 cars decreases. 18 It is the expectation of the legislature that there will be sufficient 19 funding to support a statewide conversion of public transit bus fleets EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10254-05-4S. 9515 2 1 to zero-emission buses, including continued federal support such as what 2 has been provided in the Inflation Reduction Act, the Bipartisan Infras- 3 tructure Law, the Low or No Emission Vehicle Program, the Diesel Emis- 4 sions Reduction Act, and other federal funding programs, as well as 5 state and miscellaneous funding such as the New York Truck Voucher 6 Incentive Program and the Volkswagen Clean Air Act Civil Settlement. 7 Additionally, the legislature recognizes that current zero-emission 8 bus technology is still developing, particularly with respect to travel 9 range, cold weather performance, and bus availability. Technological 10 advances will continue accelerating leading up to and during the covered 11 period for zero-emission bus fleet conversion. Finally, one of the 12 greatest harms to local communities are localized emissions which have 13 an acutely negative impact, particularly to disadvantaged communities as 14 defined in the Climate Leadership and Community Protection Act. There- 15 fore a coordinated statewide effort to purchase, manufacture, and 16 utilize zero-emission buses and paratransit vehicles will help facili- 17 tate technological advancement, reduce overall costs, and help reduce 18 harm to our local communities. 19 § 2. The transportation law is amended by adding a new section 17-c to 20 read as follows: 21 § 17-c. Zero-emission buses. 1. No later than January first, two thou- 22 sand twenty-nine, every public transportation system eligible to receive 23 operating assistance under the provisions of section eighteen-b of this 24 article shall be required to purchase only zero-emission buses and 25 related equipment and facilities as part of the normal replacement of 26 its fleet. No later than January first, two thousand thirty-five, any 27 hydrogen fuel cell zero-emission bus shall be powered by hydrogen 28 derived from zero-emission electricity. 29 2. For purposes of this section "zero-emission bus" shall mean a motor 30 vehicle that has a seating capacity of fifteen or more passengers in 31 addition to the driver and used for the transportation of persons; is 32 propelled by an electric motor and associated power electronics which 33 provide acceleration torque to the drive wheels during normal vehicle 34 operation and draws electricity from a hydrogen fuel cell or from a 35 battery which is capable of being recharged from an external source of 36 electricity; or otherwise operates without direct emission of atmospher- 37 ic pollutants. Provided, however, that for purposes of this section, 38 zero-emission buses shall include paratransit vehicles specifically 39 designated by public transportation systems to serve the needs of 40 persons who cannot use fixed route transit buses, subways or rapid tran- 41 sit. 42 3. (a) Notwithstanding any provision of law to the contrary, all 43 rights or benefits, including terms and conditions of employment, and 44 protection of civil service and collective bargaining status of all 45 existing employees of authorized entities shall be preserved and 46 protected. Nothing in this section shall result in the: (i) displacement 47 of any currently employed worker or loss of position (including 48 partial displacement such as a reduction in the hours of non-overtime 49 work, wages, or employment benefits) or result in the impairment of 50 existing collective bargaining agreements; (ii) transfer of existing 51 duties and functions related to maintenance and operations currently 52 performed by existing employees of authorized entities to a contracting 53 entity; or (iii) transfer of future duties and functions ordinarily 54 performed by employees of authorized entities to a contracting entity. 55 (b) Upon the effective date of this section, the transit authority, 56 agency or municipality shall create and implement a workforce develop-S. 9515 3 1 ment report that (i) forecasts the number of jobs provided by existing 2 omnibuses, rolling stock, vehicles or equipment that would be eliminated 3 or substantially changed after the purchase, as well as the number of 4 jobs expected to be created at the transit provider by the proposed 5 purchase over a six-year period from the date of the publication of the 6 workforce development report, (ii) identifies gaps in skills needed to 7 operate and maintain the new zero-emission buses, rolling stock, vehi- 8 cles or related equipment, (iii) includes a comprehensive plan to tran- 9 sition, train, or retrain employees that are impacted by the proposed 10 purchase, and (iv) contains an estimated budget to transition, train, or 11 retrain employees that are impacted by the proposed purchase. 12 (c) Nothing contained herein shall be construed to affect (i) the 13 existing rights of employees pursuant to an existing collective bargain- 14 ing agreement, or (ii) the existing representational relationships among 15 employee organizations or the bargaining relationships between the 16 employer and an employee organization. Prior to beginning the procure- 17 ment process for new zero-emission buses, rolling stock, vehicles or 18 related equipment, the transit authority, agency or municipality shall 19 inform the respective collective bargaining agent of any potential jobs 20 that may be affected, altered, or eliminated as a result of the 21 purchase, and it shall be a mandatory subject for collective bargaining. 22 4. (a) (i) Within six months of the effective date of this section, 23 the department and the New York State Energy Research and Development 24 Authority ("NYSERDA"), shall convene a working group made up of transit 25 agencies, other relevant public agencies, the department, the New York 26 power authority, educational institutions, relevant community organiza- 27 tions, and other necessary parties, to create a zero-emission roadmap 28 for the state which shall identify the actions needed to meet the tran- 29 sition goals established in subdivision one of this section. The road- 30 map shall include, but not be limited to: 31 (1) financial and technical guidance related to the purchasing, retro- 32 fitting, operation, and maintenance of zero-emission buses; 33 (2) an identification and siting plan for charging and fueling infras- 34 tructure; 35 (3) an identification of the necessary investments in the electric 36 transmission and distribution grid; 37 (4) an identification of how to ensure related facility upgrades are 38 coordinated to maximize the cost effectiveness and overall system reli- 39 ability; 40 (5) the available federal, state, and local funding to purchase or 41 lease zero-emission buses or convert existing buses to zero-emissions; 42 (6) an identification of new incentives and programs to advance the 43 deployment and adoption of zero-emission buses; 44 (7) streamlining actions to facilitate the conversion of public trans- 45 portation systems and bus fleets; 46 (8) strategies consistent with the Climate Leadership and Community 47 Protection Act enacted by chapter one hundred six of the laws of two 48 thousand nineteen, that ensure the deployment of zero-emission buses are 49 prioritized in disadvantaged communities, as defined in subdivision 50 five of section 75-0101 of the environmental conservation law; 51 (9) in consultation with the environmental justice working group and 52 the climate action council, shall, to the extent practicable, invest or 53 direct available and relevant programmatic resources in a manner 54 designed to achieve a goal for disadvantaged communities to receive 55 forty percent of overall benefits of spending consistent with section 56 75-0117 of the environmental conservation law;S. 9515 4 1 (10) an estimation of the number of public operations and maintenance 2 jobs provided by existing omnibuses, rolling stock, vehicles or equip- 3 ment that would be eliminated or substantially changed by the transition 4 goals established in subdivision one of this section; 5 (11) identifies gaps in skills needed to operate and maintain the new 6 electric-powered omnibuses, rolling stock, vehicles or related equip- 7 ment; and 8 (12) development of a comprehensive plan to transition, train, or 9 retrain public transportation system employees impacted by the transi- 10 tion goals established in subdivision one of this section, including an 11 estimated budget for implementing this plan and the identification of 12 funding streams to fund this transition. 13 (ii) The department and NYSERDA shall convene a technical advisory 14 group made up of diverse stakeholders to provide the department and 15 NYSERDA with relevant technical, policy, and market expertise. The 16 department and NYSERDA shall further develop a stakeholder engagement 17 process to solicit feedback on the roadmap and raise consumer awareness 18 and education across the state. 19 (b) No later than one year after the convening of the working group 20 established by subparagraph (i) of paragraph (a) of this subdivision, 21 the department and NYSERDA shall report its findings and recommendations 22 to the governor, the temporary president of the senate, and the speaker 23 of the assembly. This report may be combined with the report required 24 under section eighteen hundred eighty-four of the public authorities 25 law. 26 (c) Following the submission of the report as required by paragraph 27 (b) of this subdivision, the department and NYSERDA shall solicit public 28 comment for thirty days in developing the roadmap, and are authorized to 29 hold public hearings and meetings in accordance with article seven of 30 the public officers law, and consult with any organization, educational 31 institution, or other government entity or person, to enable them to 32 accomplish their duties. 33 (d) No later than fifteen months after the convening of the working 34 group established by subparagraph (i) of paragraph (a) of this subdivi- 35 sion, DOT and NYSERDA shall publish a formalized roadmap along with all 36 necessary policies and procedures for implementation, to ensure public 37 transportation systems will be able to meet the transition goals estab- 38 lished in subdivision one of this section. DOT and NYSERDA shall publish 39 the roadmap, policies, and procedures, on either of their publicly 40 accessible websites, thirty days prior to the plans being finalized. 41 (e) No later than one year after the publication and implementation 42 of the roadmap established pursuant to paragraph (d) of this subdivi- 43 sion, public transportation systems eligible to receive operating 44 assistance under the provisions of section eighteen-b of this article, 45 must develop and implement their own transition plans, incorporating the 46 findings, policies, and procedures produced by the working group and 47 identifying possible barriers to implementing this transition, unless 48 granted an extension under subdivision five of this section. Public 49 transportation systems shall solicit public comment in developing tran- 50 sition plans, and are authorized to hold public hearings and meetings in 51 accordance with article seven of the public officers law, and consult 52 with any organization, educational institution, or other government 53 entity or person, to enable them to accomplish their duties. The depart- 54 ment shall publish transition plans on their publicly accessible website 55 within thirty days of the plans being finalized with the department. 56 Transition plans shall be updated every three years after the date theyS. 9515 5 1 are first published and updated plans shall be updated on the depart- 2 ment's website within thirty days of the updated plans being finalized. 3 (f) The working group shall provide technical assistance to public 4 transportation systems upon request, and shall provide assistance to 5 public transportation systems upon request for assistance in pursuing 6 state and federal grants and other funding opportunities. The working 7 group shall prioritize funding opportunity assistance to public trans- 8 portation systems implementing a zero-emissions purchase requirement 9 prior to January first, two thousand twenty-nine. The department shall 10 also facilitate the coordination of purchasing, installation and sharing 11 services between public transportation systems serving primarily outside 12 of cities with a population of one million or more. 13 5. (a) In order to obtain an extension of the attainment date beyond 14 the statutory date of January first, two thousand twenty-nine pursuant 15 to subdivision one of this section, the transportation system shall: 16 (i) apply for an extension and submit a complete application for such 17 extension attainment date by December thirty-first, two thousand twen- 18 ty-eight; and 19 (ii) demonstrate that the transition plan required pursuant to subdi- 20 vision four of this section contains all of the required components of a 21 transition plan and includes a request for extension of the attainment 22 date. 23 (b) The department shall determine if the transportation system quali- 24 fies for an attainment date extension based on: 25 (i) whether the transportation system conducted at least a request for 26 information, request for proposal, or combination of both for paratran- 27 sit vehicles within three years of two thousand twenty-nine, proven that 28 such zero-emission paratransit technology is not attainable by two thou- 29 sand twenty-nine, and the department has determined that a good faith 30 effort has been made by the transportation system; and 31 (ii) whether the transportation system: 32 (1) purchased or installed equipment within the last ten years for the 33 purpose of reducing emissions and where buses reliant on such infras- 34 tructure constitute a majority of the in-use fleet; or 35 (2) has already received funds for such equipment and such equipment 36 has not yet reached the end of its useful life or through the lifetime 37 of any existing federal funding obligations for such infrastructure, 38 whichever comes first; and where buses reliant on such infrastructure 39 constitute a majority of the in-use fleet; or 40 (3) is an intercity bus service or bus service intended to satisfy 41 longer distance travel demand between cities, villages and unincorporat- 42 ed urban places and proven that such zero-emission transition is not 43 attainable by two thousand twenty-nine due to technology or infrastruc- 44 ture and the department has determined that a good faith effort has been 45 made. 46 (c) In order to obtain an exemption from the attainment date require- 47 ment pursuant to subdivision one of this section, the transition plan 48 shall include: 49 (i) a timeline for attainment demonstration; 50 (ii) efforts to maximize zero-emission bus purchases and purchase only 51 zero-emission buses prior to two thousand thirty-five; 52 (iii) year-by-year targets for zero-emission bus procurements and 53 infrastructure installation; 54 (iv) contingency measure provisions; and 55 (v) a detailed justification for nonattainment of zero-emission equip- 56 ment review plan provisions.S. 9515 6 1 (d) Based on the department's assessment of the transportation 2 system's transition plan and extension request, the department may deny 3 the extension if it determines that an adequate attempt was not made or 4 that technology and infrastructure is available for the transportation 5 system to transition to zero-emission buses. Any determination by the 6 department to deny or grant an extension request shall be subject to 7 public notification and comment. Any applications for attainment date 8 extensions shall be subject to the freedom of information law and 9 published on the department's public website. 10 (e) Transportation systems that qualify for an extension pursuant to 11 this subdivision shall procure only zero-emission buses starting January 12 first, two thousand thirty-five or sooner once the exemption no longer 13 applies. 14 § 3. The transportation law is amended by adding a new section 18-c to 15 read as follows: 16 § 18-c. Capital plan requirements. In formulating the five-year 17 department of transportation capital plans, the department shall: (a) 18 consider the requirement of section seventeen-c of this article in its 19 disbursement of payment for the costs of mass transportation capital 20 projects and facilities and give preference in the form of payments to 21 public transportation systems eligible to receive operating assistance 22 under the provisions of section eighteen-b of this article that are able 23 to demonstrate commitments made towards purchasing and retrofitting 24 zero-emission buses and related equipment and facilities; and (b) facil- 25 itate for purposes of meeting the requirement of section seventeen-c of 26 this article the coordination of purchasing, installation and sharing 27 services between public transportation systems serving primarily outside 28 the city of New York. 29 § 4. Section 2878-a of the public authorities law is amended by adding 30 a new subdivision 3 to read as follows: 31 3. (a) A transportation authority established under this chapter may, 32 by resolution approved by a two-thirds vote of its members then in 33 office, or by a declaration that competitive bidding is impractical or 34 inappropriate with respect to electric-powered omnibuses, rolling stock, 35 vehicles or other related equipment because the item is available 36 through an existing contract between a vendor and (i) another public 37 authority provided that such other authority utilized a process of 38 competitive bidding or a process of competitive requests for proposals 39 to award such contracts, or (ii) the state of New York, or (iii) a poli- 40 tical subdivision of the state of New York, provided that in any case 41 when under this subdivision the authority determines that obtaining such 42 item thereby would be in the public interest and sets forth the reasons 43 for such determination. The authority shall accept sole responsibility 44 for any payment due the vendor as a result of the authority's order. In 45 each case where the authority declares competitive bidding impractical 46 or inappropriate, it shall state the reason therefor in writing and 47 summarize any negotiations that have been conducted. The authority shall 48 not award any contract pursuant to this subdivision earlier than thirty 49 days from the date on which the authority declares that competitive 50 bidding is impractical or inappropriate. All procurements approved 51 pursuant to this subdivision shall be subject to audit and inspection by 52 the department of audit and control or any successor agencies. For 53 purposes of this subdivision, "transportation authority" shall not 54 include transportation authorities governed under titles nine, nine-A 55 and eleven of article five of this chapter or title three of article 56 three of this chapter. For the purposes of this subdivision, "electric-S. 9515 7 1 powered omnibuses" shall include any bus owned, leased, rented or other- 2 wise controlled by the authority that otherwise meets the definition of 3 bus provided in section five hundred nine-a of the vehicle and traffic 4 law that is propelled by an electric motor and associated power elec- 5 tronics which provide acceleration torque to the drive wheels during 6 normal vehicle operation and draws electricity from a hydrogen fuel cell 7 or from a battery which is capable of being recharged from an external 8 source of electricity; or otherwise operates without direct emission of 9 atmospheric pollutants. 10 (b) (i) Notwithstanding any provision of law to the contrary, all 11 rights or benefits, including terms and conditions of employment, and 12 protection of civil service and collective bargaining status of all 13 existing employees of authorized entities shall be preserved and 14 protected. Nothing in this section shall result in the: (1) displacement 15 of any currently employed worker or loss of position, including partial 16 displacement such as a reduction in the hours of non-overtime work, 17 wages, or employment benefits, or result in the impairment of existing 18 collective bargaining agreements; (2) transfer of existing duties and 19 functions related to maintenance and operations currently performed by 20 existing employees of authorized entities to a contracting entity; or 21 (3) transfer of future duties and functions ordinarily performed by 22 employees of authorized entities to a contracting entity. 23 (ii) At least one year prior to the beginning of the procurement proc- 24 ess for new electric-powered omnibuses, rolling stock, vehicles or 25 related equipment, the authority shall create and implement a workforce 26 development report that (1) forecasts the number of jobs provided by 27 existing omnibuses, rolling stock, vehicles or equipment that would be 28 eliminated or substantially changed after the purchase, as well as the 29 number of jobs expected to be created at the authority by the proposed 30 purchase over a six-year period from the date of the publication of the 31 workforce development report, (2) identifies gaps in skills needed to 32 operate and maintain the new electric-powered omnibuses, rolling stock, 33 vehicles or related equipment, (3) includes a comprehensive plan to 34 transition, train, or retrain employees that are impacted by the 35 proposed purchase, and (4) contains an estimated budget to transition, 36 train, or retrain employees that are impacted by the proposed purchase. 37 (c) Nothing contained herein shall be construed to affect (i) the 38 existing rights of employees pursuant to an existing collective bargain- 39 ing agreement, or (ii) the existing representational relationships among 40 employee organizations or the bargaining relationships between the 41 employer and an employee organization. Prior to beginning the procure- 42 ment process for new electric-powered omnibuses, rolling stock, vehicles 43 or related equipment, the transit agency or municipality shall inform 44 the respective collective bargaining agent of any potential jobs that 45 may be affected, altered, or eliminated as a result of the purchase, and 46 it shall be a mandatory subject for collective bargaining. 47 § 5. Section 104 of the general municipal law is amended by adding a 48 new subdivision 3 to read as follows: 49 3. (a) Notwithstanding the provisions of section one hundred three of 50 this article or of any other general, special or local law, any chief 51 executive officer of a political subdivision or agency which operates a 52 public transportation system is authorized to make purchases of elec- 53 tric-powered omnibuses or other related equipment upon a resolution 54 approved by a two-thirds vote of its board then in office because the 55 item is available through an existing contract between a vendor and (i) 56 a public authority of the state provided that such other authorityS. 9515 8 1 utilized a process of competitive bidding or a process of competitive 2 requests for proposals to award such contracts, or (ii) the state of New 3 York, or (iii) a political subdivision of the state of New York, 4 provided that in any case when under this subdivision the political 5 subdivision determines that obtaining such item thereby would be in the 6 public interest and sets forth the reasons for such determination. The 7 political subdivision shall not award any contract pursuant to this 8 subdivision earlier than thirty days from the date on which the poli- 9 tical subdivision declares that competitive bidding is impractical or 10 inappropriate. All purchases shall be subject to audit and inspection by 11 the political subdivision for which made, in addition to the department 12 of audit and control of New York state. For purposes of this subdivi- 13 sion, "political subdivision or agency which operates a public transpor- 14 tation system" shall not include transportation authorities governed 15 under titles nine, nine-A and eleven of article five of the public 16 authorities law or title three of article three of the public authori- 17 ties law. For the purposes of this subdivision, "electric-powered omni- 18 buses" shall include any bus owned, leased, rented or otherwise 19 controlled by the political subdivision that otherwise meets the defi- 20 nition of bus provided in section five hundred nine-a of the vehicle and 21 traffic law that is propelled by an electric motor and associated power 22 electronics which provide acceleration torque to the drive wheels during 23 normal vehicle operation and draws electricity from a hydrogen fuel cell 24 or from a battery which is capable of being recharged from an external 25 source of electricity; or otherwise operates without direct emission of 26 atmospheric pollutants. 27 (b) (i) Notwithstanding any provision of law to the contrary, all 28 rights or benefits, including terms and conditions of employment, and 29 protection of civil service and collective bargaining status of all 30 existing employees of authorized entities shall be preserved and 31 protected. Nothing in this section shall result in the: (1) displacement 32 of any currently employed worker or loss of position, including 33 partial displacement such as a reduction in the hours of non-overtime 34 work, wages, or employment benefits, or result in the impairment of 35 existing collective bargaining agreements; (2) transfer of existing 36 duties and functions related to maintenance and operations currently 37 performed by existing employees of authorized entities to a contracting 38 entity; or (3) transfer of future duties and functions ordinarily 39 performed by employees of authorized entities to a contracting entity. 40 (ii) At least one year prior to the beginning of the procurement proc- 41 ess for new electric-powered omnibuses, rolling stock, vehicles or 42 related equipment, the transit agency or municipality shall create and 43 implement a workforce development report that (1) forecasts the number 44 of jobs provided by existing omnibuses, rolling stock, vehicles or 45 equipment that would be eliminated or substantially changed after the 46 purchase, as well as the number of jobs expected to be created at the 47 transit provider by the proposed purchase over a six-year period from 48 the date of the publication of the workforce development report, (2) 49 identifies gaps in skills needed to operate and maintain the new elec- 50 tric-powered omnibuses, rolling stock, vehicles or related equipment, 51 (3) includes a comprehensive plan to transition, train, or retrain 52 employees that are impacted by the proposed purchase, and (4) contains 53 an estimated budget to transition, train, or retrain employees that are 54 impacted by the proposed purchase. 55 (c) Nothing contained herein shall be construed to affect (i) the 56 existing rights of employees pursuant to an existing collective bargain-S. 9515 9 1 ing agreement, or (ii) the existing representational relationships among 2 employee organizations or the bargaining relationships between the 3 employer and an employee organization. Prior to beginning the procure- 4 ment process for new electric-powered omnibuses, rolling stock, vehicles 5 or related equipment, the transit agency or municipality shall inform 6 the respective collective bargaining agent of any potential jobs that 7 may be affected, altered, or eliminated as a result of the purchase, and 8 it shall be a mandatory subject for collective bargaining. 9 § 6. Section 104 of the general municipal law, as amended by section 10 27 of part L of chapter 55 of the laws of 2012, is amended to read as 11 follows: 12 § 104. Purchase through office of general services. 1. Notwithstanding 13 the provisions of section one hundred three of this article or of any 14 other general, special or local law, any officer, board or agency of a 15 political subdivision, of a district therein, of a fire company or of a 16 voluntary ambulance service is authorized to make purchases of commod- 17 ities and services available pursuant to section one hundred sixty-three 18 of the state finance law, may make such purchases through the office of 19 general services subject to such rules as may be established from time 20 to time pursuant to section one hundred sixty-three of the state finance 21 law or through the general services administration pursuant to section 22 1555 of the federal acquisition streamlining act of 1994, P.L. 103-355; 23 provided that any such purchase shall exceed five hundred dollars and 24 that the political subdivision, district, fire company or voluntary 25 ambulance service for which such officer, board or agency acts shall 26 accept sole responsibility for any payment due the vendor. All purchases 27 shall be subject to audit and inspection by the political subdivision, 28 district, fire company or voluntary ambulance service for which made. No 29 officer, board or agency of a political subdivision, or a district ther- 30 ein, of a fire company or of a voluntary ambulance service shall make 31 any purchase through such office when bids have been received for such 32 purchase by such officer, board or agency, unless such purchase may be 33 made upon the same terms, conditions and specifications at a lower price 34 through such office. Two or more fire companies or voluntary ambulance 35 services may join in making purchases pursuant to this section, and for 36 the purposes of this section such groups shall be deemed "fire companies 37 or voluntary ambulance services." 38 2. (a) Notwithstanding the provisions of section one hundred three of 39 this article or of any other general, special or local law, any chief 40 executive officer of a political subdivision or agency which operates a 41 public transportation system is authorized to make purchases of elec- 42 tric-powered omnibuses or other related equipment upon a resolution 43 approved by a two-thirds vote of its board then in office because the 44 item is available through an existing contract between a vendor and (a) 45 a public authority of the state provided that such other authority 46 utilized a process of competitive bidding or a process of competitive 47 requests for proposals to award such contracts, or (b) the state of New 48 York, or (c) a political subdivision of the state of New York, provided 49 that in any case when under this subdivision the political subdivision 50 determines that obtaining such item thereby would be in the public 51 interest and sets forth the reasons for such determination. The poli- 52 tical subdivision shall not award any contract pursuant to this subdivi- 53 sion earlier than thirty days from the date on which the political 54 subdivision declares that competitive bidding is impractical or inappro- 55 priate. All purchases shall be subject to audit and inspection by the 56 political subdivision for which made, in addition to the department ofS. 9515 10 1 audit and control of New York state. For purposes of this subdivision, 2 "political subdivision or agency which operates a public transportation 3 system" shall not include transportation authorities governed under 4 titles nine, nine-A and eleven of article five of the public authorities 5 law or title three of article three of the public authorities law. For 6 the purposes of this subdivision, "electric-powered omnibuses" shall 7 include any bus owned, leased, rented or otherwise controlled by the 8 political subdivision that otherwise meets the definition of bus 9 provided in section five hundred nine-a of the vehicle and traffic law 10 that is propelled by an electric motor and associated power electronics 11 which provide acceleration torque to the drive wheels during normal 12 vehicle operation and draws electricity from a hydrogen fuel cell or 13 from a battery which is capable of being recharged from an external 14 source of electricity; or otherwise operates without direct emission of 15 atmospheric pollutants. 16 (b) (i) Notwithstanding any provision of law to the contrary, all 17 rights or benefits, including terms and conditions of employment, and 18 protection of civil service and collective bargaining status of all 19 existing employees of authorized entities shall be preserved and 20 protected. Nothing in this section shall result in the: (1) displacement 21 of any currently employed worker or loss of position, including 22 partial displacement such as a reduction in the hours of non-overtime 23 work, wages, or employment benefits, or result in the impairment of 24 existing collective bargaining agreements; (2) transfer of existing 25 duties and functions related to maintenance and operations currently 26 performed by existing employees of authorized entities to a contracting 27 entity; or (3) transfer of future duties and functions ordinarily 28 performed by employees of authorized entities to a contracting entity. 29 (ii) At least one year prior to the beginning of the procurement proc- 30 ess for new electric-powered omnibuses, rolling stock, vehicles or 31 related equipment, the transit agency or municipality shall create and 32 implement a workforce development report that (1) forecasts the number 33 of jobs provided by existing omnibuses, rolling stock, vehicles or 34 equipment that would be eliminated or substantially changed after the 35 purchase, as well as the number of jobs expected to be created at the 36 transit provider by the proposed purchase over a six-year period from 37 the date of the publication of the workforce development report, (2) 38 identifies gaps in skills needed to operate and maintain the new elec- 39 tric-powered omnibuses, rolling stock, vehicles or related equipment, 40 (3) includes a comprehensive plan to transition, train, or retrain 41 employees that are impacted by the proposed purchase, and (4) contains 42 an estimated budget to transition, train, or retrain employees that are 43 impacted by the proposed purchase. 44 (c) Nothing contained herein shall be construed to affect (i) the 45 existing rights of employees pursuant to an existing collective bargain- 46 ing agreement, or (ii) the existing representational relationships among 47 employee organizations or the bargaining relationships between the 48 employer and an employee organization. Prior to beginning the procure- 49 ment process for new electric-powered omnibuses, rolling stock, vehicles 50 or related equipment, the transit agency or municipality shall inform 51 the respective collective bargaining agent of any potential jobs that 52 may be affected, altered, or eliminated as a result of the purchase, and 53 it shall be a mandatory subject for collective bargaining. 54 § 7. The transportation law is amended by adding a new section 18-d to 55 read as follows:S. 9515 11 1 § 18-d. Zero-emission bus procurement contract proposals. 1. For the 2 purposes of this section, the following terms shall have the following 3 meanings: 4 (a) "Displaced worker" means any employee whose most recent separation 5 from active service was due to lack of business, a reduction in force, 6 or other economic, nondisciplinary reason related to the transition from 7 the fossil-fuel reliant buses to zero-emission buses. 8 (b) "Individual facing barriers to employment" means either of the 9 following: 10 (i) An individual facing barriers to employment as defined by the 11 commissioner or, otherwise 12 (ii) An individual from a demographic group that represents less than 13 thirty percent of their relevant industry workforce according to the 14 United States Bureau of Labor Statistics. 15 (c) "Non-temporary job" means a job other than those classified as 16 "temporary" as defined in article eleven of the general business law. 17 2. (a) Beginning January first, two thousand twenty-five, every public 18 transportation system eligible to receive operating assistance pursuant 19 to section eighteen-b of this article shall award contracts for zero-em- 20 ission buses and related equipment using a competitive best-value 21 procurement process; and shall require bidders to submit a United States 22 Jobs Plan as part of their solicitation responses. 23 (b) The United States Jobs Plan shall include the following informa- 24 tion: 25 (i) The number of full-time non-temporary jobs proposed to be retained 26 and created, including an accounting of the positions classified as 27 employees, as defined in section seven hundred forty of the labor law, 28 and positions classified as independent contractors; 29 (ii) The number of jobs specifically reserved for individuals facing 30 barriers to employment and the number reserved for displaced workers and 31 workers from disadvantaged communities; 32 (iii) The minimum wage levels by job classification for non-superviso- 33 ry workers; 34 (iv) Proposed amounts to be paid for fringe benefits by job classi- 35 fication and the proposed amounts for worker training by job classifica- 36 tion; 37 (v) In the event that a federal authority specifically authorizes use 38 of a geographic preference or when state or local funds are used to fund 39 a contract, proposed local jobs created in the state or within an exist- 40 ing facility in the state that are related to the manufacturing of zero- 41 emission buses and related equipment; and 42 (vi) Information on what steps have been taken and will be taken to 43 implement the workforce development report with respect to training and 44 retraining of existing maintenance, drivers and other identified 45 purchasing agency employees. 46 3. The requests for proposals established by subdivision two of this 47 section shall include notice to bidders stating that: 48 (a) the content of United States Jobs Plans shall be incorporated as 49 material terms of the final contract; 50 (b) the content of United States Jobs Plans and reports required by 51 this section shall be subject to disclosure under the Freedom of Infor- 52 mation Law; and 53 (c) the final contract and compliance documents shall be made avail- 54 able to the public. 55 4. The department shall promulgate regulations to establish the forms, 56 procedures, and processes necessary for impacted transit agencies toS. 9515 12 1 implement the requirements of this section. This shall include a stand- 2 ard and consistent method, such as a workbook or worksheet, to track the 3 quantifiable information required in paragraph (b) of subdivision two of 4 this section and procedures to annually assess contracting entities 5 compliance with the United States Jobs Plan. 6 5. Contracting entities shall be required to submit annual United 7 States Jobs Plan reports to contracting public agencies demonstrating 8 compliance with their United States Jobs Plan commitments. The terms of 9 the final contract as well as all compliance reporting shall be made 10 available to the public online, either via the contracting agency's 11 website or the department's website, at the election of the contracting 12 agency. 13 6. The provisions of this section shall not apply to: (a) A contract 14 awarded before January first, two thousand twenty-five; or 15 (b) A contract awarded based on a solicitation issued before January 16 first, two thousand twenty-five. 17 § 8. The public service law is amended by adding a new section 66-x to 18 read as follows: 19 § 66-x. Public transportation systems zero-emission electricity 20 infrastructure. Every electric corporation which provides electric 21 service to a public transportation system, as defined in section eigh- 22 teen-b of the transportation law, shall ensure that such corporation has 23 the requisite and appropriate infrastructure, capacity, facilities, and 24 transmission and distribution systems needed to supply power for the 25 electric charging of zero-emission buses of a public transportation 26 system at the locations designated for charging by such public transpor- 27 tation systems. Within one year of the publication of the roadmap 28 required under subdivision four of section seventeen-c of the transpor- 29 tation law, an electric corporation shall have adopted finalized plans 30 and agreements to construct, install or upgrade the infrastructure 31 necessary to support to the deployment and operation of zero-emission 32 buses by a public transportation system by providing the required elec- 33 tric service to the locations designated for charging buses by such 34 public transportation system. All costs associated with the mandates of 35 this section shall be borne by an electric corporation. The commission 36 shall not approve any increases in rates or charges for services of an 37 electric corporation which has not complied with this section by the 38 date set forth herein or pursuant to the roadmap under section seven- 39 teen-c of the transportation law. 40 § 9. Section 66-s of the public service law is amended by adding a new 41 subdivision 7 to read as follows: 42 7. The commission shall establish a separate tariff under this section 43 for public transportation systems as defined in section eighteen-b of 44 the transportation law for separately metered utilities for the purpose 45 of charging zero-emission buses as defined in section seventeen-c of 46 such law. The tariff shall provide a waiver of all secondary demand 47 charges for charging zero-emission buses between the hours of ten 48 o'clock p.m. and eight o'clock a.m., as well as low tension service for 49 winter and summer months. 50 § 10. Severability. The provisions of this act shall be severable, and 51 if the application of any clause, sentence, paragraph, subdivision, 52 section or part of this act to any person or circumstance shall be 53 adjudged by any court of competent jurisdiction to be invalid, such 54 judgment shall not necessarily affect, impair or invalidate the applica- 55 tion of any such clause, sentence, paragraph, subdivision, section or 56 part of this act or remainder thereof, as the case may be, to any otherS. 9515 13 1 person or circumstance, but shall be confined in its operation to the 2 clause, sentence, paragraph, subdivision, section or part thereof 3 directly involved in the controversy in which such judgment shall have 4 been rendered. 5 § 11. This act shall take effect immediately, provided, however, that 6 section seven of this act shall take effect on the ninetieth day after 7 it shall have become a law; provided, further, that the amendments to 8 section 104 of the general municipal law made by section five of this 9 act shall be subject to the expiration and reversion of such section 10 pursuant to section 9 of subpart A of part C of chapter 97 of the laws 11 of 2011, as amended, when upon such date the provisions of section six 12 of this act shall take effect. Effective immediately, the addition, 13 amendment and/or repeal of any rule or regulation necessary for the 14 implementation of this act on its effective date are authorized to be 15 made and completed on or before such effective date.
