Bill Text: NY A10450 | 2021-2022 | General Assembly | Introduced

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Bill Title: Directs the commissioner of general services to include 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, its territories or possessions and that final assembly of the zero emission vehicles and charging or fueling infrastructure shall occur in the United States, its territories or possessions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-06-01 - substituted by s9382 [A10450 Detail]

Download: New_York-2021-A10450-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10450

                   IN ASSEMBLY

                                      May 24, 2022
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Fahy) --
          read once and referred to the Committee on Ways and Means

        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. Section 201-a of the executive law is amended by adding two
     2  new subdivisions 11 and 12 to read as follows:
     3    11. a. The commissioner of general services shall include requirements
     4  in any procurement for the manufacturing or retrofitting of  zero  emis-
     5  sion vehicles and charging or fueling infrastructure that the components
     6  and  parts  used  or  supplied in the performance of the contract or any
     7  subcontract thereto shall be produced or made in  whole  or  substantial
     8  part in the United States, its territories or possessions and that final
     9  assembly  of  the zero emission vehicles and charging or fueling infras-
    10  tructure  shall  occur  in  the  United  States,  its   territories   or
    11  possessions.
    12    b.  The commissioner of general services, in consultation with the New
    13  York state energy research  and  development  authority  may  waive  the
    14  contracting requirements set forth in paragraph a of this subdivision if
    15  the  commissioner  of  general services determines that the requirements
    16  would not be in the public interest, would result in unreasonable costs,
    17  or that obtaining such zero emission vehicles and  charging  or  fueling
    18  infrastructure  components and parts in the United States would increase
    19  the cost of a contract for zero emission vehicles and charging or  fuel-
    20  ing  infrastructure  by  an  unreasonable  amount, or such zero emission
    21  vehicles and charging or fueling  infrastructure  components  and  parts
    22  cannot  be  produced,  made, or assembled in the United States in suffi-
    23  cient and reasonably available quantities or  of  satisfactory  quality.
    24  Such  determination must be made on an annual basis no later than Decem-
    25  ber thirty-first after providing notice and an  opportunity  for  public
    26  comment,  and  be  made publicly available, in writing, on the office of
    27  general services' website with a detailed explanation  of  the  findings
    28  leading  to  such determination. If the commissioner of general services

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06578-11-2
        A. 10450                            2

     1  has issued determinations for three consecutive years that no such waiv-
     2  er is warranted pursuant to this paragraph,  then  the  commissioner  of
     3  general  services  shall  no  longer  be  required to provide the annual
     4  determination required by this paragraph.
     5    12. a. Nothing in this section shall alter the rights or benefits, and
     6  privileges, including but not limited to terms and conditions of employ-
     7  ment,  civil  service status, and collective bargaining unit membership,
     8  of any current employees of the state or any agency or public authority.
     9    b. Nothing in  this  section  shall  result  in:  (i)  the  discharge,
    10  displacement,  or  loss of position, including partial displacement such
    11  as a reduction in the hours of non-overtime work, wages,  or  employment
    12  benefits;  (ii)  the impairment of existing collective bargaining agree-
    13  ments; (iii) the transfer of existing duties and functions; or (iv)  the
    14  transfer of future duties and functions, of any currently employed work-
    15  er  of  the  state  or  any  agency or public authority who agrees to be
    16  retrained.
    17    c. Prior to the beginning of the procurement process for zero emission
    18  vehicles, the office of general services shall create  and  implement  a
    19  workforce  development  report that: (i) estimates the number of current
    20  positions in the state or at any agency or public authority  that  would
    21  be  eliminated  or  substantially  changed  as  a result of the proposed
    22  purchase or lease of zero emission vehicles, and the number of positions
    23  expected to be created by the purchase or lease over the  intended  life
    24  of the proposed purchase or lease; (ii) identifies gaps in skills of its
    25  current  workforce that are needed to operate and maintain zero emission
    26  vehicles; (iii) includes a comprehensive plan to transition,  train,  or
    27  retrain  employees  that are impacted by the proposed purchase or lease;
    28  and (iv) contains an estimated budget to transition, train,  or  retrain
    29  employees that are impacted by the proposed purchase or lease.
    30    d.  Nothing  in  this section shall: (i) limit the rights of employees
    31  pursuant to a collective bargaining agreement, or (ii) alter the  exist-
    32  ing representational relationships among collective bargaining represen-
    33  tatives  or  the  bargaining  relationships between the employer and any
    34  collective bargaining representative. Employees of public entities serv-
    35  ing in positions in newly created titles shall be assigned to the appro-
    36  priate bargaining unit.
    37    e. Prior to beginning the procurement process for zero emission  vehi-
    38  cles, the office of general services shall inform its employees' collec-
    39  tive bargaining representative of any potential impact on its members or
    40  unit,  including  positions that may be affected, altered, or eliminated
    41  as a result of the proposed purchase or lease.
    42    § 2. This act shall take effect on the  same  date  and  in  the  same
    43  manner  as  a  chapter  of  the  laws of 2022 amending the executive law
    44  relating to the purchase or lease of zero emission vehicles  for  state-
    45  owned vehicle fleets, as proposed in legislative bills numbers S. 2838-C
    46  and A.  2412-B, takes effect.