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



                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.
                                                                   LBD05744-04-1

        S. 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  or

        S. 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-overtime

        S. 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  ambulance

        S. 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  as

        S. 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.
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