Bill Text: NY S08281 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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) 2022-05-23 - PRINT NUMBER 8281C [S08281 Detail]

Download: New_York-2021-S08281-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8281--B

                    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

        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. The  provisions  of  this
    21  subparagraph shall not apply if the head of the covered entity in his or
    22  her  sole discretion, determines that the provisions would not be in the
    23  public interest, would result in unreasonable costs, or  that  obtaining

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14634-04-2

        S. 8281--B                          2

     1  such  trains,  charging  infrastructure or equipment and fueling infras-
     2  tructure or equipment made in the United States would increase the  cost
     3  of  the  contract  by  an  unreasonable  amount,  or  products cannot be
     4  produced  or  made  in  the  United  States in sufficient and reasonably
     5  available quantities and  of  satisfactory  quality.  The  head  of  the
     6  covered  entity  shall include this determination in an advertisement or
     7  solicitation of a request for proposal, invitation for bid, or solicita-
     8  tion of proposal, or any other method provided for by law or  regulation
     9  for  soliciting  a  response  from  offerors  intending  to  result in a
    10  contract pursuant to this section.
    11    (ii) Nothing in this section shall alter the rights or  benefits,  and
    12  privileges,  including,  but  not  limited  to  terms  and conditions of
    13  employment, civil service status, and collective bargaining unit member-
    14  ship, of  any  current  employees  impacted  by  the  proposed  purchase
    15  contained  in  this  provision. Nothing in this section shall result in:
    16  discharge,  displacement,  or  loss  of  position,   including   partial
    17  displacement such as reduction in the hours of non-overtime work, wages,
    18  or employment benefits; the impairment of existing collective bargaining
    19  agreements; the transfer of existing duties and functions; or the trans-
    20  fer  of  future  duties  or  functions, of any currently employed worker
    21  impacted by the proposed purchase who agrees to be  retained.  Prior  to
    22  the  beginning  of the procurement process for new zero-emission trains,
    23  charging infrastructure or equipment, fueling infrastructure  or  equip-
    24  ment,  or other equipment, the covered entity shall create and implement
    25  a workforce development report that: estimates  the  number  of  current
    26  positions  that would be eliminated or substantially changed as a result
    27  of the purchase; identifies gaps in skills of its current workforce that
    28  are needed  to  operate  and  maintain  zero-emission  trains,  charging
    29  infrastructure  or  equipment,  fueling  infrastructure or equipment, or
    30  other equipment; includes a comprehensive plan to transition,  train  or
    31  retrain  employees  that  are  impacted  by  the  proposed purchase; and
    32  contains an estimated budget to transition, train, or  retain  employees
    33  that  are  impacted  by  the  proposed purchase. Nothing in this section
    34  shall limit the rights of employees pursuant to a collective  bargaining
    35  agreement  or  alter  the  existing  representational relationship among
    36  collective bargaining representatives or the bargaining  representative.
    37  Employees  of  public  entities  serving  in  positions in newly created
    38  titles shall be assigned to the appropriate bargaining  unit.  Prior  to
    39  beginning  the  procurement  process  for zero-emission trains, charging
    40  infrastructure or equipment, fueling  infrastructure  or  equipment,  or
    41  other  equipment,  any employer of workers covered by this section shall
    42  inform its employees' collective bargaining representative of any poten-
    43  tial impact on its members or unit,  including  positions  that  may  be
    44  affected, altered, or eliminated as a result of the purchase.
    45    (c)  It  shall be a further goal of the state that one hundred percent
    46  of medium-duty and heavy-duty vehicles offered for  sale  or  lease,  or
    47  sold,  or leased, for registration in the state be zero-emissions by two
    48  thousand forty-five for all  operations  where  feasible.  It  shall  be
    49  further  a  goal of the state to transition to one hundred percent zero-
    50  emissions from new off-road vehicles and equipment  purchased  beginning
    51  in two thousand thirty-five, where feasible.
    52    § 2. This act shall take effect immediately.
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