Bill Text: NY A03273 | 2023-2024 | General Assembly | Introduced
Bill Title: Restricts the application of requirements in any procurement for the manufacturing or retrofitting of zero emission vehicles and charging or fueling infrastructure that the components and parts used or supplied in the performance of the contract or any subcontract thereto shall be produced or made in whole or substantial part in the United States to align with federal domestic procurement preferences and exemptions with respect thereto.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A03273 Detail]
Download: New_York-2023-A03273-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3273 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. E. BROWN -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to the purchase or lease of zero emission vehicles for state-owned vehicle fleets The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 11 of section 201-a of the executive law, as 2 added by chapter 836 of the laws of 2022, is amended to read as follows: 3 11. a. (i) The commissioner of general services shall include require- 4 ments in any procurement for the manufacturing or retrofitting of zero 5 emission vehicles and charging or fueling infrastructure that the compo- 6 nents and parts used or supplied in the performance of the contract or 7 any subcontract thereto shall be produced [or made in whole or substan-8tial part] in the United States, its territories or possessions and that 9 final assembly of the zero emission vehicles and charging or fueling 10 infrastructure shall occur in the United States, its territories or 11 possessions; except as otherwise provided herein. As used in this subdi- 12 vision, the term "produced in the United States" shall have the same 13 meaning as such term is defined in section 70911 of the "Build America, 14 Buy America Act" (Pub. L. 117-58, div. G, title IX, Nov. 15, 2021, 135 15 Stat. 1294, 1297). 16 (ii) Notwithstanding any contrary provision of subparagraph (i) of 17 this paragraph, no requirement that final assembly of the zero emission 18 vehicles and charging or fueling infrastructure shall occur in the 19 United States, its territories or possessions shall be included in any 20 procurement contract until at least one year shall have elapsed follow- 21 ing the effective date of this subdivision. 22 b. (i) The commissioner of general services, in consultation with the 23 New York state energy research and development authority may waive the 24 contracting requirements set forth in paragraph a of this subdivision if 25 the commissioner of general services determines that the requirements EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03596-01-3A. 3273 2 1 would not be in the public interest, would result in unreasonable costs, 2 or that obtaining such zero emission vehicles and charging or fueling 3 infrastructure components and parts in the United States would increase 4 the cost of a contract for zero emission vehicles and charging or fuel- 5 ing infrastructure by an unreasonable amount, or such zero emission 6 vehicles and charging or fueling infrastructure components and parts 7 cannot be produced, made, or assembled in the United States in suffi- 8 cient and reasonably available quantities or of satisfactory quality. 9 Such determination must be made on an annual basis no later than Decem- 10 ber thirty-first after providing notice and an opportunity for public 11 comment, and be made publicly available, in writing, on the office of 12 general services' website with a detailed explanation of the findings 13 leading to such determination. If the commissioner of general services 14 has issued determinations for three consecutive years that no such waiv- 15 er is warranted pursuant to this paragraph, then the commissioner of 16 general services shall no longer be required to provide the annual 17 determination required by this paragraph. 18 (ii) The contracting requirements set forth in paragraph a of this 19 subdivision will result in "unreasonable costs" or increase the cost of 20 the contract by an "unreasonable amount" for the purposes of subpara- 21 graph (i) of this paragraph if the inclusion of the zero emission vehi- 22 cles and charging or fueling infrastructure produced in the United 23 States will increase the costs of the overall contract by more than 24 twenty-five percent; provided, however, that labor costs involved in the 25 final assembly of any such zero emission vehicles and charging or fuel- 26 ing infrastructure shall not be included in any calculation made pursu- 27 ant to this subparagraph. 28 c. Notwithstanding any contrary provision of subparagraph (i) of para- 29 graph b of this subdivision, the contracting requirements of paragraph a 30 of this subdivision shall not apply to any components and parts of zero 31 emission vehicles and charging or fueling infrastructure that are 32 subject to a waiver issued by a federal agency pursuant to subsection 33 (b) of section 70914 of the Build America, Buy America Act (Pub. L. 34 117-58; 135 Stat. 1294, 1298), subsection (g) of section 313 of title 23 35 of the United States Code, as amended by Public Law 117-58 (135 Stat. 36 595-596), or any similar exemption from the provisions of any "Buy Amer- 37 ica law" as defined in subsection (a) of section 70916 of the Build 38 America, Buy America Act, nor shall any such components or parts be 39 subject to a determination by the commissioner of general services 40 pursuant to subparagraph (i) of paragraph b of this subdivision while a 41 waiver from federal domestic procurement requirements is in effect with 42 respect thereto. 43 § 2. This act shall take effect immediately.