Bill Text: NY S08917 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the purchase of zero-emission capable hybrid and zero-emission buses; relates to the procurement of electric-powered buses, vehicles or other related equipment; provides for the repeal of such provisions upon the expiration thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-28 - REFERRED TO TRANSPORTATION [S08917 Detail]
Download: New_York-2021-S08917-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8917 IN SENATE April 28, 2022 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the transportation law, in relation to the purchase of zero-emission capable hybrid and zero-emission buses; and to amend the public authorities law and the general municipal law, in relation to the procurement of electric-powered buses, vehicles or other related equipment; and providing for the repeal of such provisions upon the expiration thereof 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 capable hybrid buses and zero-emission buses. 4 1. For the five-year period commencing January first, two thousand twen- 5 ty-four and ending December thirty-first, two thousand twenty-eight, 6 every public transportation system eligible to receive operating assist- 7 ance under the provisions of section eighteen-b of this article shall be 8 required to purchase only zero-emission capable hybrid buses or zero-em- 9 ission buses and related equipment and facilities as part of the normal 10 replacement of its fleet. 11 2. (a) For purposes of this section "zero-emission capable hybrid bus" 12 shall mean a motor vehicle that has a seating capacity of fifteen or 13 more passengers in addition to the driver and used for transportation of 14 persons; is capable of being propelled by an electric motor and associ- 15 ated power electronics which provide acceleration torque to the drive 16 wheels during normal vehicle operation and draws electricity from an 17 onboard battery or electric generator; has an internal combustion engine 18 for extended driving range where recharging infrastructure is not readi- 19 ly accessible, and otherwise as needed for safe and effective travel; 20 and is capable of operating on demand without direct emission of atmo- 21 spheric pollutants, and being paired with geofencing technology to auto- 22 matically shut down the engine in specified locations. 23 (b) For purposes of this section "zero-emission bus" shall mean a 24 motor vehicle that has a seating capacity of fifteen or more passengers EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15519-01-2S. 8917 2 1 in addition to the driver and used for the transportation of persons; is 2 propelled by an electric motor and associated power electronics which 3 provide acceleration torque to the drive wheels during normal vehicle 4 operation and draws electricity from a hydrogen fuel cell or from a 5 battery which is capable of being recharged from an external source of 6 electricity; or otherwise operates without direct emission of atmospher- 7 ic pollutants. 8 3. (a) Notwithstanding any provision of law to the contrary, all 9 rights or benefits, including terms and conditions of employment, and 10 protection of civil service and collective bargaining status of all 11 existing employees of authorized entities shall be preserved and 12 protected. Nothing in this section shall result in the: (i) displace- 13 ment of any currently employed worker or loss of position (including 14 partial displacement such as a reduction in the hours of non-overtime 15 work, wages, or employment benefits) or result in the impairment of 16 existing collective bargaining agreements; (ii) transfer of existing 17 duties and functions related to maintenance and operations currently 18 performed by existing employees of authorized entities to a contracting 19 entity; or (iii) transfer of future duties and functions ordinarily 20 performed by employees of authorized entities to a contracting entity. 21 (b) Prior to the beginning of the procurement process for new zero-em- 22 ission capable hybrid buses and zero-emission buses, the transit author- 23 ity, agency or municipality shall create and implement a workforce 24 development report that (i) forecasts the number of jobs provided by 25 existing omnibuses, rolling stock, vehicles or equipment that would be 26 eliminated or substantially changed after the purchase, as well as the 27 number of jobs expected to be created at the transit provider by the 28 proposed purchase over a five-year period from the date of the publica- 29 tion of the workforce development report, (ii) identifies gaps in skills 30 needed to operate and maintain the new zero-emission capable hybrid 31 buses and zero-emission buses, rolling stock, vehicles or related equip- 32 ment, (iii) includes a comprehensive plan to transition, train, or 33 retrain employees that are impacted by the proposed purchase, and (iv) 34 contains an estimated budget to transition, train, or retrain employees 35 that are impacted by the proposed purchase. 36 (c) Nothing contained herein shall be construed to affect (i) the 37 existing rights of employees pursuant to an existing collective bargain- 38 ing agreement, or (ii) the existing representational relationships among 39 employee organizations or the bargaining relationships between the 40 employer and an employee organization. Prior to beginning the procure- 41 ment process for new zero-emission capable hybrid buses and zero-emis- 42 sion buses, rolling stock, vehicles or related equipment, the transit 43 authority, agency or municipality shall inform the respective collective 44 bargaining agent of any potential jobs that may be affected, altered, or 45 eliminated as a result of the purchase, and it shall be a mandatory 46 subject for collective bargaining. 47 § 2. The transportation law is amended by adding a new section 18-c to 48 read as follows: 49 § 18-c. Capital plan requirements. In formulating the five-year 50 department of transportation capital plans, the department shall: (a) 51 consider the requirement of section seventeen-c of this article in its 52 disbursement of payment for the costs of mass transportation capital 53 projects and facilities and give preference in the form of payments to 54 public transportation systems eligible to receive operating assistance 55 under the provisions of section eighteen-b of this article that are able 56 to demonstrate commitments made towards purchasing zero-emission capableS. 8917 3 1 hybrid buses and zero-emission buses and related equipment and facili- 2 ties; and (b) facilitate for purposes of meeting the requirement of 3 section seventeen-c of this article the coordination of purchasing, 4 installation and sharing services between public transportation systems 5 serving primarily outside the city of New York. 6 § 3. Section 2878-a of the public authorities law is amended by adding 7 a new subdivision 3 to read as follows: 8 3. (a) A transportation authority established under this chapter may, 9 by resolution approved by a two-thirds vote of its members then in 10 office, or by a declaration that competitive bidding is impractical or 11 inappropriate with respect to electric-powered omnibuses, rolling stock, 12 vehicles or other related equipment because the item is available 13 through an existing contract between a vendor and (i) another public 14 authority provided that such other authority utilized a process of 15 competitive bidding or a process of competitive requests for proposals 16 to award such contracts, or (ii) the state of New York, or (iii) a poli- 17 tical subdivision of the state of New York, provided that in any case 18 when under this subdivision the authority determines that obtaining such 19 item thereby would be in the public interest and sets forth the reasons 20 for such determination. The authority shall accept sole responsibility 21 for any payment due the vendor as a result of the authority's order. In 22 each case where the authority declares competitive bidding impractical 23 or inappropriate, it shall state the reason therefor in writing and 24 summarize any negotiations that have been conducted. The authority shall 25 not award any contract pursuant to this subdivision earlier than thirty 26 days from the date on which the authority declares that competitive 27 bidding is impractical or inappropriate. All procurements approved 28 pursuant to this subdivision shall be subject to audit and inspection by 29 the department of audit and control or any successor agencies. For 30 purposes of this subdivision, "transportation authority" shall not 31 include transportation authorities governed under titles nine, nine-A 32 and eleven of article five of this chapter or title three of article 33 three of this chapter. For the purposes of this subdivision, "electric- 34 powered omnibuses" shall include any bus owned, leased, rented or other- 35 wise controlled by the authority that otherwise meets the definition of 36 bus provided in section five hundred nine-a of the vehicle and traffic 37 law that is propelled by an electric motor and associated power elec- 38 tronics which provide acceleration torque to the drive wheels during 39 normal vehicle operation and draws electricity from a hydrogen fuel cell 40 or from a battery which is capable of being recharged from an external 41 source of electricity; or otherwise operates without direct emission of 42 atmospheric pollutants. 43 (b) (i) Notwithstanding any provision of law to the contrary, all 44 rights or benefits, including terms and conditions of employment, and 45 protection of civil service and collective bargaining status of all 46 existing employees of authorized entities shall be preserved and 47 protected. Nothing in this section shall result in the: (1) displace- 48 ment of any currently employed worker or loss of position, including 49 partial displacement such as a reduction in the hours of non-overtime 50 work, wages, or employment benefits, or result in the impairment of 51 existing collective bargaining agreements; (2) transfer of existing 52 duties and functions related to maintenance and operations currently 53 performed by existing employees of authorized entities to a contracting 54 entity; or (3) transfer of future duties and functions ordinarily 55 performed by employees of authorized entities to a contracting entity.S. 8917 4 1 (ii) Prior to the beginning of the procurement process for new elec- 2 tric-powered omnibuses, rolling stock, vehicles or related equipment, 3 the authority shall create and implement a workforce development report 4 that (1) forecasts the number of jobs provided by existing omnibuses, 5 rolling stock, vehicles or equipment that would be eliminated or 6 substantially changed after the purchase, as well as the number of jobs 7 expected to be created at the authority by the proposed purchase over a 8 five-year period from the date of the publication of the workforce 9 development report, (2) identifies gaps in skills needed to operate and 10 maintain the new electric-powered omnibuses, rolling stock, vehicles or 11 related equipment, (3) includes a comprehensive plan to transition, 12 train, or retrain employees that are impacted by the proposed purchase, 13 and (4) contains an estimated budget to transition, train, or retrain 14 employees that are impacted by the proposed purchase. 15 (c) Nothing contained herein shall be construed to affect (i) the 16 existing rights of employees pursuant to an existing collective bargain- 17 ing agreement, or (ii) the existing representational relationships among 18 employee organizations or the bargaining relationships between the 19 employer and an employee organization. Prior to beginning the procure- 20 ment process for new electric-powered omnibuses, rolling stock, vehicles 21 or related equipment, the transit agency or municipality shall inform 22 the respective collective bargaining agent of any potential jobs that 23 may be affected, altered, or eliminated as a result of the purchase, and 24 it shall be a mandatory subject for collective bargaining. 25 § 4. Section 104 of the general municipal law is amended by adding a 26 new subdivision 3 to read as follows: 27 3. (a) Notwithstanding the provisions of section one hundred three of 28 this article or of any other general, special or local law, any chief 29 executive officer of a political subdivision or agency which operates a 30 public transportation system is authorized to make purchases of elec- 31 tric-powered omnibuses or other related equipment upon a resolution 32 approved by a two-thirds vote of its board then in office because the 33 item is available through an existing contract between a vendor and (i) 34 a public authority of the state provided that such other authority 35 utilized a process of competitive bidding or a process of competitive 36 requests for proposals to award such contracts, or (ii) the state of New 37 York, or (iii) a political subdivision of the state of New York, 38 provided that in any case when under this subdivision the political 39 subdivision determines that obtaining such item thereby would be in the 40 public interest and sets forth the reasons for such determination. The 41 political subdivision shall not award any contract pursuant to this 42 subdivision earlier than thirty days from the date on which the poli- 43 tical subdivision declares that competitive bidding is impractical or 44 inappropriate. All purchases shall be subject to audit and inspection by 45 the political subdivision for which made, in addition to the department 46 of audit and control of New York state. For purposes of this subdivi- 47 sion, "political subdivision or agency which operates a public transpor- 48 tation system" shall not include transportation authorities governed 49 under titles nine, nine-A and eleven of article five of the public 50 authorities law or title three of article three of the public authori- 51 ties law. For the purposes of this subdivision, "electric-powered omni- 52 buses" shall include any bus owned, leased, rented or otherwise 53 controlled by the political subdivision that otherwise meets the defi- 54 nition of bus provided in section five hundred nine-a of the vehicle and 55 traffic law that is propelled by an electric motor and associated power 56 electronics which provide acceleration torque to the drive wheels duringS. 8917 5 1 normal vehicle operation and draws electricity from a hydrogen fuel cell 2 or from a battery which is capable of being recharged from an external 3 source of electricity; or otherwise operates without direct emission of 4 atmospheric pollutants. 5 (b) (i) Notwithstanding any provision of law to the contrary, all 6 rights or benefits, including terms and conditions of employment, and 7 protection of civil service and collective bargaining status of all 8 existing employees of authorized entities shall be preserved and 9 protected. Nothing in this section shall result in the: (1) displace- 10 ment of any currently employed worker or loss of position, including 11 partial displacement such as a reduction in the hours of non-overtime 12 work, wages, or employment benefits, or result in the impairment of 13 existing collective bargaining agreements; (2) transfer of existing 14 duties and functions related to maintenance and operations currently 15 performed by existing employees of authorized entities to a contracting 16 entity; or (3) transfer of future duties and functions ordinarily 17 performed by employees of authorized entities to a contracting entity. 18 (ii) Prior to the beginning of the procurement process for new elec- 19 tric-powered omnibuses, rolling stock, vehicles or related equipment, 20 the transit agency or municipality shall create and implement a work- 21 force development report that (1) forecasts the number of jobs provided 22 by existing omnibuses, rolling stock, vehicles or equipment that would 23 be eliminated or substantially changed after the purchase, as well as 24 the number of jobs expected to be created at the transit provider by the 25 proposed purchase over a five-year period from the date of the publica- 26 tion of the workforce development report, (2) identifies gaps in skills 27 needed to operate and maintain the new electric-powered omnibuses, roll- 28 ing stock, vehicles or related equipment, (3) includes a comprehensive 29 plan to transition, train, or retrain employees that are impacted by the 30 proposed purchase, and (4) contains an estimated budget to transition, 31 train, or retrain employees that are impacted by the proposed purchase. 32 (c) Nothing contained herein shall be construed to affect (i) the 33 existing rights of employees pursuant to an existing collective bargain- 34 ing agreement, or (ii) the existing representational relationships among 35 employee organizations or the bargaining relationships between the 36 employer and an employee organization. Prior to beginning the procure- 37 ment process for new electric-powered omnibuses, rolling stock, vehicles 38 or related equipment, the transit agency or municipality shall inform 39 the respective collective bargaining agent of any potential jobs that 40 may be affected, altered, or eliminated as a result of the purchase, and 41 it shall be a mandatory subject for collective bargaining. 42 § 5. Section 104 of the general municipal law, as amended by section 43 27 of part L of chapter 55 of the laws of 2012, is amended to read as 44 follows: 45 § 104. Purchase through office of general services. 1. Notwithstanding 46 the provisions of section one hundred three of this article or of any 47 other general, special or local law, any officer, board or agency of a 48 political subdivision, of a district therein, of a fire company or of a 49 voluntary ambulance service is authorized to make purchases of commod- 50 ities and services available pursuant to section one hundred sixty-three 51 of the state finance law, may make such purchases through the office of 52 general services subject to such rules as may be established from time 53 to time pursuant to section one hundred sixty-three of the state finance 54 law or through the general services administration pursuant to section 55 1555 of the federal acquisition streamlining act of 1994, P.L. 103-355; 56 provided that any such purchase shall exceed five hundred dollars andS. 8917 6 1 that the political subdivision, district, fire company or voluntary 2 ambulance service for which such officer, board or agency acts shall 3 accept sole responsibility for any payment due the vendor. All purchases 4 shall be subject to audit and inspection by the political subdivision, 5 district, fire company or voluntary ambulance service for which made. No 6 officer, board or agency of a political subdivision, or a district ther- 7 ein, of a fire company or of a voluntary ambulance service shall make 8 any purchase through such office when bids have been received for such 9 purchase by such officer, board or agency, unless such purchase may be 10 made upon the same terms, conditions and specifications at a lower price 11 through such office. Two or more fire companies or voluntary ambulance 12 services may join in making purchases pursuant to this section, and for 13 the purposes of this section such groups shall be deemed "fire companies 14 or voluntary ambulance services." 15 2. (a) Notwithstanding the provisions of section one hundred three of 16 this article or of any other general, special or local law, any chief 17 executive officer of a political subdivision or agency which operates a 18 public transportation system is authorized to make purchases of elec- 19 tric-powered omnibuses or other related equipment upon a resolution 20 approved by a two-thirds vote of its board then in office because the 21 item is available through an existing contract between a vendor and (a) 22 a public authority of the state provided that such other authority 23 utilized a process of competitive bidding or a process of competitive 24 requests for proposals to award such contracts, or (b) the state of New 25 York, or (c) a political subdivision of the state of New York, provided 26 that in any case when under this subdivision the political subdivision 27 determines that obtaining such item thereby would be in the public 28 interest and sets forth the reasons for such determination. The poli- 29 tical subdivision shall not award any contract pursuant to this subdivi- 30 sion earlier than thirty days from the date on which the political 31 subdivision declares that competitive bidding is impractical or inappro- 32 priate. All purchases shall be subject to audit and inspection by the 33 political subdivision for which made, in addition to the department of 34 audit and control of New York state. For purposes of this subdivision, 35 "political subdivision or agency which operates a public transportation 36 system" shall not include transportation authorities governed under 37 titles nine, nine-A and eleven of article five of the public authorities 38 law or title three of article three of the public authorities law. For 39 purposes of this subdivision, "electric-powered omnibuses" shall include 40 any bus owned, leased, rented or otherwise controlled by the political 41 subdivision that otherwise meets the definition of bus provided in 42 section five hundred nine-a of the vehicle and traffic law that is 43 propelled by an electric motor and associated power electronics which 44 provide acceleration torque to the drive wheels during normal vehicle 45 operation and draws electricity from a hydrogen fuel cell or from a 46 battery which is capable of being recharged from an external source of 47 electricity; or otherwise operates without direct emission of atmospher- 48 ic pollutants. 49 (b) (i) Notwithstanding any provision of law to the contrary, all 50 rights or benefits, including terms and conditions of employment, and 51 protection of civil service and collective bargaining status of all 52 existing employees of authorized entities shall be preserved and 53 protected. Nothing in this section shall result in the: (1) displace- 54 ment of any currently employed worker or loss of position, including 55 partial displacement such as a reduction in the hours of non-overtime 56 work, wages, or employment benefits, or result in the impairment ofS. 8917 7 1 existing collective bargaining agreements; (2) transfer of existing 2 duties and functions related to maintenance and operations currently 3 performed by existing employees of authorized entities to a contracting 4 entity; or (3) transfer of future duties and functions ordinarily 5 performed by employees of authorized entities to a contracting entity. 6 (ii) Prior to the beginning of the procurement process for new elec- 7 tric-powered omnibuses, rolling stock, vehicles or related equipment, 8 the transit agency or municipality shall create and implement a work- 9 force development report that (1) forecasts the number of jobs provided 10 by existing omnibuses, rolling stock, vehicles or equipment that would 11 be eliminated or substantially changed after the purchase, as well as 12 the number of jobs expected to be created at the transit provider by the 13 proposed purchase over a five-year period from the date of the publica- 14 tion of the workforce development report, (2) identifies gaps in skills 15 needed to operate and maintain the new electric-powered omnibuses, roll- 16 ing stock, vehicles or related equipment, (3) includes a comprehensive 17 plan to transition, train, or retrain employees that are impacted by the 18 proposed purchase, and (4) contains an estimated budget to transition, 19 train, or retrain employees that are impacted by the proposed purchase. 20 (c) Nothing contained herein shall be construed to affect (i) the 21 existing rights of employees pursuant to an existing collective bargain- 22 ing agreement, or (ii) the existing representational relationships among 23 employee organizations or the bargaining relationships between the 24 employer and an employee organization. Prior to beginning the procure- 25 ment process for new electric-powered omnibuses, rolling stock, vehicles 26 or related equipment, the transit agency or municipality shall inform 27 the respective collective bargaining agent of any potential jobs that 28 may be affected, altered, or eliminated as a result of the purchase, and 29 it shall be a mandatory subject for collective bargaining. 30 § 6. This act shall take effect immediately and shall expire and be 31 deemed repealed on December 31, 2028, provided, however, that the amend- 32 ments to section 104 of the general municipal law made by section four 33 of this act shall be subject to the expiration and reversion of such 34 section pursuant to section 9 of subpart A of part C of chapter 97 of 35 the laws of 2011, as amended, when upon such date the provisions of 36 section five of this act shall take effect.
