STATE OF NEW YORK ________________________________________________________________________ 10559 IN ASSEMBLY June 3, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) -- read once and referred to the Committee on Transportation AN ACT to amend the transportation law, in relation to procurement of contract proposals for zero-emission buses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The transportation law is amended by adding a new section 2 18-c to read as follows: 3 § 18-c. Zero-emission bus procurement contract proposals. 1. Every 4 public transportation system eligible to receive operating assistance 5 pursuant to section eighteen-b of this article shall use a system that 6 incorporates a best-value contracting framework to consider the quality, 7 cost and efficiency of offerors when evaluating procurement contract 8 proposals for the purchase of zero-emission buses and charging equip- 9 ment. Such framework shall reflect, whenever possible, objective and 10 quantifiable analysis. Such framework shall identify a quantitative 11 factor for offerors that prioritize and include the following in such 12 procurement contract proposal: 13 a. an employment plan which shall include but not be limited to: 14 (i) worker wages; 15 (ii) worker benefits; 16 (iii) worker safety; 17 (iv) training, retraining, and registered apprenticeship programs; and 18 (v) a commitment to create high quality jobs within the state to the 19 maximum extent practicable for disadvantaged or underrepresented indi- 20 viduals; 21 b. a commitment to consider the interests of members of the community 22 that surround such offeror's facility and the interests of members of 23 the community from which workers are recruited; and 24 c. a description of efforts by the offeror to lower greenhouse gas 25 emissions and such offeror's impact on climate change. 26 2. The framework established by subdivision one of this section shall 27 include notice to offerors stating that: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16008-02-0A. 10559 2 1 a. the terms and conditions of employment, content of employment plans 2 and reports required by this section shall be subject to disclosure 3 under the Freedom of Information Law; and 4 b. the final contract and compliance documents shall be made available 5 to the public on the department's website. 6 3. For purposes of this section "zero-emission bus" shall mean a motor 7 vehicle that has a seating capacity of fifteen or more passengers in 8 addition to the driver and used for the transportation of persons and: 9 a. is propelled by an electric motor and associated power electronics 10 which provide acceleration torque to the drive wheels during normal 11 vehicle operation and draws electricity from a hydrogen fuel cell or 12 from a battery which is capable of being recharged from an external 13 source of electricity; or 14 b. otherwise operates without direct emission of atmospheric pollu- 15 tants. 16 4. This section shall be subject to the provisions of section one 17 hundred thirty-nine-i of the state finance law. Public transportation 18 systems shall coordinate with the department to ensure compliance. 19 5. The department shall promulgate regulations to establish the forms, 20 manner and process by which offerors shall submit contract proposals 21 pursuant to this section. Such regulations shall include requirements 22 to demonstrate details of such offerors' employment plan and compliance 23 with this section. 24 6. In the first full year in which a public transportation system 25 enters into a contract for the procurement of zero emission buses, such 26 public transportation system shall issue a report on or before the 27 beginning of each fiscal quarter to the commissioner. On or before 28 December thirty-first of each year thereafter, such public transporta- 29 tion system shall issue a report to the commissioner, the governor, the 30 temporary president of the senate, the minority leader of the senate, 31 the speaker of the assembly, the minority leader of the assembly. Such 32 reports shall detail compliance with the provisions of this section by 33 such public transportation system, detail compliance with the provisions 34 of this section by relevant contracting entities and shall include 35 descriptions of factors considered in evaluating procurement contract 36 proposals. 37 § 2. Severability. The provisions of this act shall be severable, and 38 if the application of any clause, sentence, paragraph, subdivision, 39 section or part of this act to any person or circumstance shall be 40 adjudged by any court of competent jurisdiction to be invalid, such 41 judgment shall not necessarily affect, impair or invalidate the applica- 42 tion of any such clause, sentence, paragraph, subdivision, section, part 43 of this act or remainder thereof, as the case may be, to any other 44 person or circumstance, but shall be confined in its operation to the 45 clause, sentence, paragraph, subdivision, section or part thereof 46 directly involved in the controversy in which such judgment shall have 47 been rendered. 48 § 3. This act shall take effect immediately.