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) 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.
                                                                   LBD14634-06-2

        S. 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.
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