Bill Text: NY S03535 | 2021-2022 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the purchase of zero-emission buses and the procurement of electric-powered buses, vehicles or other related equipment.
Spectrum: Moderate Partisan Bill (Democrat 38-12)
Status: (Engrossed - Dead) 2022-06-02 - referred to transportation [S03535 Detail]
Download: New_York-2021-S03535-Amended.html
Bill Title: Relates to the purchase of zero-emission buses and the procurement of electric-powered buses, vehicles or other related equipment.
Spectrum: Moderate Partisan Bill (Democrat 38-12)
Status: (Engrossed - Dead) 2022-06-02 - referred to transportation [S03535 Detail]
Download: New_York-2021-S03535-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3535--B 2021-2022 Regular Sessions IN SENATE January 30, 2021 ___________ Introduced by Sens. KENNEDY, BAILEY, BIAGGI, COMRIE, GOUNARDES, HARCK- HAM, HOYLMAN, KAMINSKY, KAPLAN, KRUEGER, MAY, MAYER, REICHLIN-MELNICK, SEPULVEDA, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the transportation law, in relation to the purchase of zero-emission buses; and 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 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 17-c to read as follows: 3 § 17-c. Zero-emission buses. 1. No later than January first, two thou- 4 sand twenty-nine, every public transportation system eligible to receive 5 operating assistance under the provisions of section eighteen-b of this 6 article shall be required to purchase only zero-emission buses and 7 related equipment and facilities as part of the normal replacement of 8 its fleet. 9 2. For purposes of this section "zero-emission bus" shall mean a motor 10 vehicle that has a seating capacity of fifteen or more passengers in 11 addition to the driver and used for the transportation of persons; is 12 propelled by an electric motor and associated power electronics which 13 provide acceleration torque to the drive wheels during normal vehicle 14 operation and draws electricity from a hydrogen fuel cell or from a 15 battery which is capable of being recharged from an external source of 16 electricity; or otherwise operates without direct emission of atmospher- 17 ic pollutants. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05744-04-1S. 3535--B 2 1 3. (a) Notwithstanding any provision of law to the contrary, all 2 rights or benefits, including terms and conditions of employment, and 3 protection of civil service and collective bargaining status of all 4 existing employees of authorized entities shall be preserved and 5 protected. Nothing in this section shall result in the: (i) displacement 6 of any currently employed worker or loss of position (including 7 partial displacement such as a reduction in the hours of non-overtime 8 work, wages, or employment benefits) or result in the impairment of 9 existing collective bargaining agreements; (ii) transfer of existing 10 duties and functions related to maintenance and operations currently 11 performed by existing employees of authorized entities to a contracting 12 entity; or (iii) transfer of future duties and functions ordinarily 13 performed by employees of authorized entities to a contracting entity. 14 (b) Prior to the beginning of the procurement process for new zero-em- 15 ission buses, the transit authority, agency or municipality shall create 16 and implement a workforce development report that (i) forecasts the 17 number of jobs provided by existing omnibuses, rolling stock, vehicles 18 or equipment that would be eliminated or substantially changed after the 19 purchase, as well as the number of jobs expected to be created at the 20 transit provider by the proposed purchase over a five-year period from 21 the date of the publication of the workforce development report, (ii) 22 identifies gaps in skills needed to operate and maintain the new zero- 23 emission buses, rolling stock, vehicles or related equipment, (iii) 24 includes a comprehensive plan to transition, train, or retrain employees 25 that are impacted by the proposed purchase, and (iv) contains an esti- 26 mated budget to transition, train, or retrain employees that are 27 impacted by the proposed purchase. 28 (c) Nothing contained herein shall be construed to affect (i) the 29 existing rights of employees pursuant to an existing collective bargain- 30 ing agreement, or (ii) the existing representational relationships among 31 employee organizations or the bargaining relationships between the 32 employer and an employee organization. Prior to beginning the procure- 33 ment process for new zero-emission buses, rolling stock, vehicles or 34 related equipment, the transit authority, agency or municipality shall 35 inform the respective collective bargaining agent of any potential jobs 36 that may be affected, altered, or eliminated as a result of the 37 purchase, and it shall be a mandatory subject for collective bargaining. 38 § 2. The transportation law is amended by adding a new section 18-c to 39 read as follows: 40 § 18-c. Capital plan requirements. In formulating the five-year 41 department of transportation capital plans, the department shall: (a) 42 consider the requirement of section seventeen-c of this article in its 43 disbursement of payment for the costs of mass transportation capital 44 projects and facilities and give preference in the form of payments to 45 public transportation systems eligible to receive operating assistance 46 under the provisions of section eighteen-b of this article that are able 47 to demonstrate commitments made towards purchasing zero-emission buses 48 and related equipment and facilities; and (b) facilitate for purposes of 49 meeting the requirement of section seventeen-c of this article the coor- 50 dination of purchasing, installation and sharing services between public 51 transportation systems serving primarily outside the city of New York. 52 § 3. Section 2878-a of the public authorities law is amended by adding 53 a new subdivision 3 to read as follows: 54 3. (a) A transportation authority established under this chapter may, 55 by resolution approved by a two-thirds vote of its members then in 56 office, or by a declaration that competitive bidding is impractical orS. 3535--B 3 1 inappropriate with respect to electric-powered omnibuses, rolling stock, 2 vehicles or other related equipment because the item is available 3 through an existing contract between a vendor and (i) another public 4 authority provided that such other authority utilized a process of 5 competitive bidding or a process of competitive requests for proposals 6 to award such contracts, or (ii) the state of New York, or (iii) a poli- 7 tical subdivision of the state of New York, provided that in any case 8 when under this subdivision the authority determines that obtaining such 9 item thereby would be in the public interest and sets forth the reasons 10 for such determination. The authority shall accept sole responsibility 11 for any payment due the vendor as a result of the authority's order. In 12 each case where the authority declares competitive bidding impractical 13 or inappropriate, it shall state the reason therefor in writing and 14 summarize any negotiations that have been conducted. The authority shall 15 not award any contract pursuant to this subdivision earlier than thirty 16 days from the date on which the authority declares that competitive 17 bidding is impractical or inappropriate. All procurements approved 18 pursuant to this subdivision shall be subject to audit and inspection by 19 the department of audit and control or any successor agencies. For 20 purposes of this subdivision, "transportation authority" shall not 21 include transportation authorities governed under titles nine, nine-A 22 and eleven of article five of this chapter or title three of article 23 three of this chapter. For the purposes of this subdivision, "electric- 24 powered omnibuses" shall include any bus owned, leased, rented or other- 25 wise controlled by the authority that otherwise meets the definition of 26 bus provided in section five hundred nine-a of the vehicle and traffic 27 law that is propelled by an electric motor and associated power elec- 28 tronics which provide acceleration torque to the drive wheels during 29 normal vehicle operation and draws electricity from a hydrogen fuel cell 30 or from a battery which is capable of being recharged from an external 31 source of electricity; or otherwise operates without direct emission of 32 atmospheric pollutants. 33 (b) (i) Notwithstanding any provision of law to the contrary, all 34 rights or benefits, including terms and conditions of employment, and 35 protection of civil service and collective bargaining status of all 36 existing employees of authorized entities shall be preserved and 37 protected. Nothing in this section shall result in the: (1) displacement 38 of any currently employed worker or loss of position, including partial 39 displacement such as a reduction in the hours of non-overtime work, 40 wages, or employment benefits, or result in the impairment of existing 41 collective bargaining agreements; (2) transfer of existing duties and 42 functions related to maintenance and operations currently performed by 43 existing employees of authorized entities to a contracting entity; or 44 (3) transfer of future duties and functions ordinarily performed by 45 employees of authorized entities to a contracting entity. 46 (ii) Prior to the beginning of the procurement process for new elec- 47 tric-powered omnibuses, rolling stock, vehicles or related equipment, 48 the authority shall create and implement a workforce development report 49 that (1) forecasts the number of jobs provided by existing omnibuses, 50 rolling stock, vehicles or equipment that would be eliminated or 51 substantially changed after the purchase, as well as the number of jobs 52 expected to be created at the authority by the proposed purchase over a 53 five-year period from the date of the publication of the workforce 54 development report, (2) identifies gaps in skills needed to operate and 55 maintain the new electric-powered omnibuses, rolling stock, vehicles or 56 related equipment, (3) includes a comprehensive plan to transition,S. 3535--B 4 1 train, or retrain employees that are impacted by the proposed purchase, 2 and (4) contains an estimated budget to transition, train, or retrain 3 employees that are impacted by the proposed purchase. 4 (c) Nothing contained herein shall be construed to affect (i) the 5 existing rights of employees pursuant to an existing collective bargain- 6 ing agreement, or (ii) the existing representational relationships among 7 employee organizations or the bargaining relationships between the 8 employer and an employee organization. Prior to beginning the procure- 9 ment process for new electric-powered omnibuses, rolling stock, vehicles 10 or related equipment, the transit agency or municipality shall inform 11 the respective collective bargaining agent of any potential jobs that 12 may be affected, altered, or eliminated as a result of the purchase, and 13 it shall be a mandatory subject for collective bargaining. 14 § 4. Section 104 of the general municipal law is amended by adding a 15 new subdivision 3 to read as follows: 16 3. (a) Notwithstanding the provisions of section one hundred three of 17 this article or of any other general, special or local law, any chief 18 executive officer of a political subdivision or agency which operates a 19 public transportation system is authorized to make purchases of elec- 20 tric-powered omnibuses or other related equipment upon a resolution 21 approved by a two-thirds vote of its board then in office because the 22 item is available through an existing contract between a vendor and (i) 23 a public authority of the state provided that such other authority 24 utilized a process of competitive bidding or a process of competitive 25 requests for proposals to award such contracts, or (ii) the state of New 26 York, or (iii) a political subdivision of the state of New York, 27 provided that in any case when under this subdivision the political 28 subdivision determines that obtaining such item thereby would be in the 29 public interest and sets forth the reasons for such determination. The 30 political subdivision shall not award any contract pursuant to this 31 subdivision earlier than thirty days from the date on which the poli- 32 tical subdivision declares that competitive bidding is impractical or 33 inappropriate. All purchases shall be subject to audit and inspection by 34 the political subdivision for which made, in addition to the department 35 of audit and control of New York state. For purposes of this subdivi- 36 sion, "political subdivision or agency which operates a public transpor- 37 tation system" shall not include transportation authorities governed 38 under titles nine, nine-A and eleven of article five of the public 39 authorities law or title three of article three of the public authori- 40 ties law. For the purposes of this subdivision, "electric-powered omni- 41 buses" shall include any bus owned, leased, rented or otherwise 42 controlled by the political subdivision that otherwise meets the defi- 43 nition of bus provided in section five hundred nine-a of the vehicle and 44 traffic law that is propelled by an electric motor and associated power 45 electronics which provide acceleration torque to the drive wheels during 46 normal vehicle operation and draws electricity from a hydrogen fuel cell 47 or from a battery which is capable of being recharged from an external 48 source of electricity; or otherwise operates without direct emission of 49 atmospheric pollutants. 50 (b) (i) Notwithstanding any provision of law to the contrary, all 51 rights or benefits, including terms and conditions of employment, and 52 protection of civil service and collective bargaining status of all 53 existing employees of authorized entities shall be preserved and 54 protected. Nothing in this section shall result in the: (1) displacement 55 of any currently employed worker or loss of position, including 56 partial displacement such as a reduction in the hours of non-overtimeS. 3535--B 5 1 work, wages, or employment benefits, or result in the impairment of 2 existing collective bargaining agreements; (2) transfer of existing 3 duties and functions related to maintenance and operations currently 4 performed by existing employees of authorized entities to a contracting 5 entity; or (3) transfer of future duties and functions ordinarily 6 performed by employees of authorized entities to a contracting entity. 7 (ii) Prior to the beginning of the procurement process for new elec- 8 tric-powered omnibuses, rolling stock, vehicles or related equipment, 9 the transit agency or municipality shall create and implement a work- 10 force development report that (1) forecasts the number of jobs provided 11 by existing omnibuses, rolling stock, vehicles or equipment that would 12 be eliminated or substantially changed after the purchase, as well as 13 the number of jobs expected to be created at the transit provider by the 14 proposed purchase over a five-year period from the date of the publica- 15 tion of the workforce development report, (2) identifies gaps in skills 16 needed to operate and maintain the new electric-powered omnibuses, roll- 17 ing stock, vehicles or related equipment, (3) includes a comprehensive 18 plan to transition, train, or retrain employees that are impacted by the 19 proposed purchase, and (4) contains an estimated budget to transition, 20 train, or retrain employees that are impacted by the proposed purchase. 21 (c) Nothing contained herein shall be construed to affect (i) the 22 existing rights of employees pursuant to an existing collective bargain- 23 ing agreement, or (ii) the existing representational relationships among 24 employee organizations or the bargaining relationships between the 25 employer and an employee organization. Prior to beginning the procure- 26 ment process for new electric-powered omnibuses, rolling stock, vehicles 27 or related equipment, the transit agency or municipality shall inform 28 the respective collective bargaining agent of any potential jobs that 29 may be affected, altered, or eliminated as a result of the purchase, and 30 it shall be a mandatory subject for collective bargaining. 31 § 5. Section 104 of the general municipal law, as amended by section 32 27 of part L of chapter 55 of the laws of 2012, is amended to read as 33 follows: 34 § 104. Purchase through office of general services. 1. Notwithstanding 35 the provisions of section one hundred three of this article or of any 36 other general, special or local law, any officer, board or agency of a 37 political subdivision, of a district therein, of a fire company or of a 38 voluntary ambulance service is authorized to make purchases of commod- 39 ities and services available pursuant to section one hundred sixty-three 40 of the state finance law, may make such purchases through the office of 41 general services subject to such rules as may be established from time 42 to time pursuant to section one hundred sixty-three of the state finance 43 law or through the general services administration pursuant to section 44 1555 of the federal acquisition streamlining act of 1994, P.L. 103-355; 45 provided that any such purchase shall exceed five hundred dollars and 46 that the political subdivision, district, fire company or voluntary 47 ambulance service for which such officer, board or agency acts shall 48 accept sole responsibility for any payment due the vendor. All purchases 49 shall be subject to audit and inspection by the political subdivision, 50 district, fire company or voluntary ambulance service for which made. No 51 officer, board or agency of a political subdivision, or a district ther- 52 ein, of a fire company or of a voluntary ambulance service shall make 53 any purchase through such office when bids have been received for such 54 purchase by such officer, board or agency, unless such purchase may be 55 made upon the same terms, conditions and specifications at a lower price 56 through such office. Two or more fire companies or voluntary ambulanceS. 3535--B 6 1 services may join in making purchases pursuant to this section, and for 2 the purposes of this section such groups shall be deemed "fire companies 3 or voluntary ambulance services." 4 2. (a) Notwithstanding the provisions of section one hundred three of 5 this article or of any other general, special or local law, any chief 6 executive officer of a political subdivision or agency which operates a 7 public transportation system is authorized to make purchases of elec- 8 tric-powered omnibuses or other related equipment upon a resolution 9 approved by a two-thirds vote of its board then in office because the 10 item is available through an existing contract between a vendor and (a) 11 a public authority of the state provided that such other authority 12 utilized a process of competitive bidding or a process of competitive 13 requests for proposals to award such contracts, or (b) the state of New 14 York, or (c) a political subdivision of the state of New York, provided 15 that in any case when under this subdivision the political subdivision 16 determines that obtaining such item thereby would be in the public 17 interest and sets forth the reasons for such determination. The poli- 18 tical subdivision shall not award any contract pursuant to this subdivi- 19 sion earlier than thirty days from the date on which the political 20 subdivision declares that competitive bidding is impractical or inappro- 21 priate. All purchases shall be subject to audit and inspection by the 22 political subdivision for which made, in addition to the department of 23 audit and control of New York state. For purposes of this subdivision, 24 "political subdivision or agency which operates a public transportation 25 system" shall not include transportation authorities governed under 26 titles nine, nine-A and eleven of article five of the public authorities 27 law or title three of article three of the public authorities law. For 28 the purposes of this subdivision, "electric-powered omnibuses" shall 29 include any bus owned, leased, rented or otherwise controlled by the 30 political subdivision that otherwise meets the definition of bus 31 provided in section five hundred nine-a of the vehicle and traffic law 32 that is propelled by an electric motor and associated power electronics 33 which provide acceleration torque to the drive wheels during normal 34 vehicle operation and draws electricity from a hydrogen fuel cell or 35 from a battery which is capable of being recharged from an external 36 source of electricity; or otherwise operates without direct emission of 37 atmospheric pollutants. 38 (b) (i) Notwithstanding any provision of law to the contrary, all 39 rights or benefits, including terms and conditions of employment, and 40 protection of civil service and collective bargaining status of all 41 existing employees of authorized entities shall be preserved and 42 protected. Nothing in this section shall result in the: (1) displacement 43 of any currently employed worker or loss of position, including 44 partial displacement such as a reduction in the hours of non-overtime 45 work, wages, or employment benefits, or result in the impairment of 46 existing collective bargaining agreements; (2) transfer of existing 47 duties and functions related to maintenance and operations currently 48 performed by existing employees of authorized entities to a contracting 49 entity; or (3) transfer of future duties and functions ordinarily 50 performed by employees of authorized entities to a contracting entity. 51 (ii) Prior to the beginning of the procurement process for new elec- 52 tric-powered omnibuses, rolling stock, vehicles or related equipment, 53 the transit agency or municipality shall create and implement a work- 54 force development report that (1) forecasts the number of jobs provided 55 by existing omnibuses, rolling stock, vehicles or equipment that would 56 be eliminated or substantially changed after the purchase, as well asS. 3535--B 7 1 the number of jobs expected to be created at the transit provider by the 2 proposed purchase over a five-year period from the date of the publica- 3 tion of the workforce development report, (2) identifies gaps in skills 4 needed to operate and maintain the new electric-powered omnibuses, roll- 5 ing stock, vehicles or related equipment, (3) includes a comprehensive 6 plan to transition, train, or retrain employees that are impacted by the 7 proposed purchase, and (4) contains an estimated budget to transition, 8 train, or retrain employees that are impacted by the proposed purchase. 9 (c) Nothing contained herein shall be construed to affect (i) the 10 existing rights of employees pursuant to an existing collective bargain- 11 ing agreement, or (ii) the existing representational relationships among 12 employee organizations or the bargaining relationships between the 13 employer and an employee organization. Prior to beginning the procure- 14 ment process for new electric-powered omnibuses, rolling stock, vehicles 15 or related equipment, the transit agency or municipality shall inform 16 the respective collective bargaining agent of any potential jobs that 17 may be affected, altered, or eliminated as a result of the purchase, and 18 it shall be a mandatory subject for collective bargaining. 19 § 6. This act shall take effect immediately, provided, however, that 20 the amendments to section 104 of the general municipal law made by 21 section four of this act shall be subject to the expiration and rever- 22 sion of such section pursuant to section 9 of subpart A of part C of 23 chapter 97 of the laws of 2011, as amended, when upon such date the 24 provisions of section five of this act shall take effect.