Bill Text: NY S08548 | 2019-2020 | General Assembly | Introduced

Bill Title: Requires a best-value contracting framework when evaluating procurement contract proposals for zero-emission buses and charging equipment.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2020-06-11 - REFERRED TO RULES [S08548 Detail]

Download: New_York-2019-S08548-Introduced.html

                STATE OF NEW YORK


                    IN SENATE

                                      June 11, 2020

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the transportation law, in relation  to  procurement  of
          contract proposals for zero-emission buses

          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  18-c to read as follows:
     3    §  18-c.  Zero-emission  bus procurement contract proposals.  1. Every
     4  public transportation system eligible to  receive  operating  assistance
     5  pursuant  to  section eighteen-b of this article shall use a system that
     6  incorporates a best-value contracting framework to consider the quality,
     7  cost and efficiency of offerors  when  evaluating  procurement  contract
     8  proposals  for  the  purchase of zero-emission buses and charging equip-
     9  ment. Such framework shall reflect,  whenever  possible,  objective  and
    10  quantifiable  analysis.  Such  framework  shall  identify a quantitative
    11  factor for offerors that prioritize and include the  following  in  such
    12  procurement contract proposal:
    13    a. an employment plan which shall include but not be limited to:
    14    (i) worker wages;
    15    (ii) worker benefits;
    16    (iii) worker safety;
    17    (iv) training, retraining, and registered apprenticeship programs; and
    18    (v)  a  commitment to create high quality jobs within the state to the
    19  maximum extent practicable for disadvantaged or  underrepresented  indi-
    20  viduals;
    21    b.  a commitment to consider the interests of members of the community
    22  that surround such offeror's facility and the interests  of  members  of
    23  the community from which workers are recruited; and
    24    c.  a  description  of  efforts by the offeror to lower greenhouse gas
    25  emissions and such offeror's impact on climate change.
    26    2. The framework established by subdivision one of this section  shall
    27  include notice to offerors stating that:

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

        S. 8548                             2

     1    a. the terms and conditions of employment, content of employment plans
     2  and  reports  required  by  this  section shall be subject to disclosure
     3  under the Freedom of Information Law; and
     4    b. the final contract and compliance documents shall be made available
     5  to the public on the department's website.
     6    3. For purposes of this section "zero-emission bus" shall mean a motor
     7  vehicle  that  has  a  seating capacity of fifteen or more passengers in
     8  addition to the driver and used for the transportation of persons and:
     9    a. is propelled by an electric motor and associated power  electronics
    10  which  provide  acceleration  torque  to  the drive wheels during normal
    11  vehicle operation and draws electricity from a  hydrogen  fuel  cell  or
    12  from  a  battery  which  is  capable of being recharged from an external
    13  source of electricity; or
    14    b. otherwise operates without direct emission  of  atmospheric  pollu-
    15  tants.
    16    4.  This  section  shall  be  subject to the provisions of section one
    17  hundred thirty-nine-i of the state finance law.   Public  transportation
    18  systems shall coordinate with the department to ensure compliance.
    19    5. The department shall promulgate regulations to establish the forms,
    20  manner  and  process  by  which offerors shall submit contract proposals
    21  pursuant to this section.  Such regulations shall  include  requirements
    22  to  demonstrate details of such offerors' employment plan and compliance
    23  with this section.
    24    6. In the first full year in  which  a  public  transportation  system
    25  enters  into a contract for the procurement of zero emission buses, such
    26  public transportation system shall issue  a  report  on  or  before  the
    27  beginning  of  each  fiscal  quarter to the commissioner.   On or before
    28  December thirty-first of each year thereafter, such  public  transporta-
    29  tion  system shall issue a report to the commissioner, the governor, the
    30  temporary president of the senate, the minority leader  of  the  senate,
    31  the  speaker  of the assembly, the minority leader of the assembly. Such
    32  reports shall detail compliance with the provisions of this  section  by
    33  such public transportation system, detail compliance with the provisions
    34  of  this  section  by  relevant  contracting  entities and shall include
    35  descriptions of factors considered in  evaluating  procurement  contract
    36  proposals.
    37    §  2. Severability. The provisions of this act shall be severable, and
    38  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    39  section  or  part  of  this  act  to any person or circumstance shall be
    40  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    41  judgment shall not necessarily affect, impair or invalidate the applica-
    42  tion of any such clause, sentence, paragraph, subdivision, section, part
    43  of  this  act  or  remainder  thereof,  as the case may be, to any other
    44  person or circumstance, but shall be confined in its  operation  to  the
    45  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    46  directly involved in the controversy in which such judgment  shall  have
    47  been rendered.
    48    § 3. This act shall take effect immediately.