Bill Text: NY S08281 | 2021-2022 | General Assembly | Amended
Bill Title: Creates the goal of the state that one hundred percent of trains purchased by the state or any public authority thereof for commuter rail service be zero-emissions by 2035; provides that any state or public authority shall ensure that any contracts for the procurement of trains, charging infrastructure or equipment and fueling infrastructure or equipment shall contain a provision that such items are produced or made in whole or substantial part in the United States, its territories or possessions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-05-23 - PRINT NUMBER 8281C [S08281 Detail]
Download: New_York-2021-S08281-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8281--C IN SENATE February 9, 2022 ___________ Introduced by Sens. GAUGHRAN, MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conser- vation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- 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 environmental conservation law, in relation to zero- emissions for trains The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading and subdivision 1 of section 19-0306-b 2 of the environmental conservation law, as amended by chapter 109 of the 3 laws of 2022, are amended to read as follows: 4 Zero-emissions cars [and], trucks and trains. 5 1. (a) It shall be a goal of the state that one hundred percent of new 6 passenger cars and trucks offered for sale or lease, or sold, or leased, 7 for registration in the state shall be zero-emissions by two thousand 8 thirty-five. 9 (b) It shall be a further goal of the state that one hundred percent 10 of trains purchased by the state or any public authority thereof for 11 commuter rail service as defined in paragraph a of subdivision one of 12 section ninety-seven-a of the railroad law, be zero-emissions by two 13 thousand thirty-five. 14 (i) Provided, any state or public authority thereof subject to the 15 provisions of this section shall ensure that such contract for the 16 procurement of trains, charging infrastructure or equipment and fueling 17 infrastructure or equipment shall contain a provision that such trains, 18 charging infrastructure or equipment and fueling infrastructure or 19 equipment are produced or made in whole or substantial part in the 20 United States, its territories or possessions. 21 (ii) The provisions of subparagraph (i) of this paragraph may be 22 waived by the head of the covered entity in consultation with the New 23 York state energy research and development authority, determines that 24 the provisions would not be in the public interest, would result in 25 unreasonable costs, or that obtaining such trains, charging infrastruc- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14634-06-2S. 8281--C 2 1 ture or equipment and fueling infrastructure or equipment made in the 2 United States would increase the cost of the contract by an unreasonable 3 amount, or such products cannot be produced or made in the United States 4 in sufficient and reasonably available quantities and of satisfactory 5 quality. Such determination must be made on an annual basis no later 6 than December thirty-first after providing notice and an opportunity for 7 public comment, and be made publicly available, in writing, on the 8 applicable covered entity's website with a detailed explanation of the 9 findings leading to such determination. If the head of the covered enti- 10 ty has issued determinations for three consecutive years that no such 11 waiver is warranted pursuant to this paragraph, then the head of such 12 covered entity shall no longer be required to provide the annual deter- 13 mination required by this paragraph. 14 (iii) Nothing in this section shall alter the rights or benefits, and 15 privileges, including, but not limited to terms and conditions of 16 employment, civil service status, and collective bargaining unit member- 17 ship, of any current employees impacted by the proposed purchase 18 contained in this provision. Nothing in this section shall result in: 19 discharge, displacement, or loss of position, including partial 20 displacement such as reduction in the hours of non-overtime work, wages, 21 or employment benefits; the impairment of existing collective bargaining 22 agreements; the transfer of existing duties and functions; or the trans- 23 fer of future duties or functions, of any currently employed worker 24 impacted by the proposed purchase who agrees to be retained. Prior to 25 the beginning of the procurement process for new zero-emission trains, 26 charging infrastructure or equipment, fueling infrastructure or equip- 27 ment, or other equipment, the covered entity shall create and implement 28 a workforce development report that: estimates the number of current 29 positions that would be eliminated or substantially changed as a result 30 of the purchase; identifies gaps in skills of its current workforce that 31 are needed to operate and maintain zero-emission trains, charging 32 infrastructure or equipment, fueling infrastructure or equipment, or 33 other equipment; includes a comprehensive plan to transition, train or 34 retrain employees that are impacted by the proposed purchase; and 35 contains an estimated budget to transition, train, or retain employees 36 that are impacted by the proposed purchase. Nothing in this section 37 shall limit the rights of employees pursuant to a collective bargaining 38 agreement or alter the existing representational relationship among 39 collective bargaining representatives or the bargaining representative. 40 Employees of public entities serving in positions in newly created 41 titles shall be assigned to the appropriate bargaining unit. Prior to 42 beginning the procurement process for zero-emission trains, charging 43 infrastructure or equipment, fueling infrastructure or equipment, or 44 other equipment, any employer of workers covered by this section shall 45 inform its employees' collective bargaining representative of any poten- 46 tial impact on its members or unit, including positions that may be 47 affected, altered, or eliminated as a result of the purchase. 48 (c) It shall be a further goal of the state that one hundred percent 49 of medium-duty and heavy-duty vehicles offered for sale or lease, or 50 sold, or leased, for registration in the state be zero-emissions by two 51 thousand forty-five for all operations where feasible. It shall be 52 further a goal of the state to transition to one hundred percent zero- 53 emissions from new off-road vehicles and equipment purchased beginning 54 in two thousand thirty-five, where feasible. 55 § 2. This act shall take effect immediately.
