Bill Text: NY S01343 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the purchase or lease of zero emission vehicles and charging or fueling infrastructure by state agencies and the necessary requirements when making such procurements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-03-03 - SIGNED CHAP.99 [S01343 Detail]
Download: New_York-2023-S01343-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1343 2023-2024 Regular Sessions IN SENATE January 11, 2023 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the state finance law, in relation to the purchase or lease of zero emission vehicles and charging or fueling infrastruc- ture; and repealing certain provisions of the executive law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 11 and 12 of section 201-a of the executive 2 law as added by a chapter of the laws of 2022 amending the executive 3 law, relating to the purchase or lease of zero emission vehicles for 4 state-owned vehicle fleets, as proposed in legislative bills numbers S. 5 9382 and A. 10450, are REPEALED. 6 § 2. The state finance law is amended by adding a new section 163-c to 7 read as follows: 8 § 163-c. Purchase or lease of zero emission vehicles and charging or 9 fueling infrastructure. 1. (a) Each state agency shall include require- 10 ments in any procurement for the purchase or lease of zero emission 11 vehicles and charging or fueling infrastructure that the components and 12 parts used or supplied in the performance of the contract or any subcon- 13 tract thereto shall be produced or made in whole or substantial part in 14 the United States, its territories or possessions and that final assem- 15 bly of the zero emission vehicles and charging or fueling infrastructure 16 shall occur in the United States, its territories or possessions. 17 (b) The commissioner of general services, in consultation with the New 18 York state energy research and development authority, may waive the 19 contracting requirements set forth in paragraph (a) of this subdivision 20 if the commissioner of general services determines that the requirements 21 would not be in the public interest, would result in unreasonable costs, 22 or that obtaining such zero emission vehicles and charging or fueling 23 infrastructure components and parts in the United States, its territo- 24 ries or possessions, would increase the cost of a contract for zero 25 emission vehicles and charging or fueling infrastructure by an unreason- 26 able amount, or such zero emission vehicles and charging or fueling EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04000-01-3S. 1343 2 1 infrastructure components and parts cannot be produced, made, or assem- 2 bled in the United States, its territories or possessions, in sufficient 3 and reasonably available quantities or of satisfactory quality. Such 4 determination must be made on an annual basis no later than December 5 thirty-first after providing notice and an opportunity for public 6 comment, and be made publicly available, in writing, on the website of 7 the office of general services with a detailed explanation of the find- 8 ings leading to such determination. If the commissioner of general 9 services has issued determinations for three consecutive years that no 10 such waiver is warranted pursuant to this paragraph, then the commis- 11 sioner of general services shall no longer be required to provide the 12 annual determination required by this paragraph. 13 2. (a) Nothing in this section shall alter the rights or benefits, and 14 privileges, including but not limited to terms and conditions of employ- 15 ment, civil service status, and collective bargaining unit membership, 16 of any current employees of the state or any agency. 17 (b) Nothing in this section shall result in: (i) the discharge, 18 displacement, or loss of position, including partial displacement such 19 as a reduction in the hours of non-overtime work, wages, or employment 20 benefits; (ii) the impairment of existing collective bargaining agree- 21 ments; (iii) the transfer of existing duties and functions; or (iv) the 22 transfer of future duties and functions, of any currently employed work- 23 er of the state or any agency who agrees to be retrained. 24 (c) Prior to the beginning of the initial procurement process for zero 25 emission vehicles, each state agency shall create and implement a work- 26 force development report that: (i) estimates the number of current posi- 27 tions in the agency that would be substantially changed as a result of 28 the proposed purchase or lease of zero emission vehicles, and the number 29 of positions expected to be created by the purchase or lease over the 30 intended life of the proposed purchase or lease; (ii) identifies gaps in 31 skills of its current workforce that are needed to operate and maintain 32 zero emission vehicles; (iii) includes a comprehensive plan to transi- 33 tion, train, or retrain employees that are impacted by the proposed 34 purchase or lease; and (iv) contains an estimated budget to transition, 35 train, or retrain employees that are impacted by the proposed purchase 36 or lease. 37 (d) Nothing in this section shall: (i) limit the rights of employees 38 pursuant to a collective bargaining agreement, or (ii) alter the exist- 39 ing representational relationships among collective bargaining represen- 40 tatives or the bargaining relationships between the employer and any 41 collective bargaining representative. Employees of public entities serv- 42 ing in positions in newly created titles shall be assigned to the appro- 43 priate bargaining unit. 44 (e) Prior to beginning the initial procurement process for zero emis- 45 sion vehicles, the office of employee relations, in consultation with 46 the state agencies involved, shall inform the employees' collective 47 bargaining representative of any potential impact on its members or 48 unit, including positions that may be affected as a result of the 49 proposed purchase or lease. 50 § 3. This act shall take effect on the same date and in the same 51 manner as a chapter of the laws of 2022 amending the executive law, 52 relating to the purchase or lease of zero emission vehicles for state- 53 owned vehicle fleets, as proposed in legislative bills numbers S. 9382 54 and A. 10450, takes effect; provided, however, that subdivision one of 55 section 163-c of the state finance law as added by section two of this 56 act shall take effect on December 31, 2023.
