Bill Text: NY A06414 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to the purchase of zero-emission buses and the procurement of electric-powered buses, vehicles or other related equipment and infrastructure; requires public utilities to have infrastructure, capacity, facilities, and transmission and distribution systems needed to supply power for the charging of zero-emission buses and provides a tariff for charging of electric buses.

Spectrum: Strong Partisan Bill (Democrat 72-6)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A06414 Detail]

Download: New_York-2023-A06414-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6414

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 6, 2023
                                       ___________

        Introduced  by  M.  of A. DINOWITZ, SAYEGH, THIELE, GLICK, CRUZ, LAVINE,
          CARROLL, COLTON, HYNDMAN, DICKENS, SIMON, EPSTEIN, L. ROSENTHAL, McMA-
          HON, PAULIN, FAHY, REYES, SEAWRIGHT, OTIS, STECK,  JACOBSON,  WALLACE,
          GALLAGHER, GONZALEZ-ROJAS, LUPARDO, JONES, ZEBROWSKI, LUNSFORD, ANDER-
          SON,   ROZIC,  SANTABARBARA,  STERN,  DAVILA,  D. ROSENTHAL,  BARRETT,
          BURDICK,  WOERNER,  WALKER,  PEOPLES-STOKES,  CLARK,  STIRPE,  HUNTER,
          GANDOLFO,  DURSO,  KELLES,  WEPRIN, JEAN-PIERRE, BRAUNSTEIN, RAJKUMAR,
          SIMPSON, BURGOS, RA, RAMOS, FALL, MAMDANI, K. BROWN, SILLITTI, JOYNER,
          FORREST, DILAN, KIM, SEPTIMO, BICHOTTE HERMELYN, JACKSON, MEEKS, PHEF-
          FER AMATO, MITAYNES, WILLIAMS, HEVESI -- Multi-Sponsored by --  M.  of
          A.  McDONOUGH  --  read  once and referred to the Committee on Govern-
          mental Operations

        AN ACT to amend the transportation law, in relation to the  purchase  of
          zero-emission  buses;  to  amend  the  public  authorities law and the
          general municipal law, in relation to the procurement of electric-pow-
          ered buses, vehicles or other related  equipment;  and  to  amend  the
          public service law, in relation to infrastructure and capacity related
          to  charging  of  electric  buses  and  a tariff for zero-emission bus
          charging

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative intent. In 2019, New York enacted the Climate
     2  Leadership and Community Protection Act to reduce the state's volume  of
     3  greenhouse  gas  emissions by at least 85% as compared to 1990 levels by
     4  the year 2050.  According to the Climate Action  Council  Scoping  Plan,
     5  the  transportation  sector  is responsible for approximately 28% of New
     6  York's total greenhouse gas emissions. Statewide  conversion  of  public
     7  transit  bus  fleets  is  an important undertaking required to meet this
     8  emission reduction mandate.
     9    The legislature recognizes that such a conversion will  entail  fiscal
    10  obligations  on  the  part  of  transit systems and utility providers in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10254-03-3

        A. 6414                             2

     1  order to purchase new buses, renovate  or  replace  bus  depots,  expand
     2  utility  infrastructure  and  generation  capacity,  and other necessary
     3  investments to ensure reliable delivery of zero-emission  bus  services.
     4  Furthermore,  the legislature recognizes that there are existing revenue
     5  sources which currently fund public transit that rely on the consumption
     6  of fossil fuels and which will diminish as  the  number  of  gas-powered
     7  cars decreases.
     8    It is the expectation of the legislature that there will be sufficient
     9  funding  to  support a statewide conversion of public transit bus fleets
    10  to zero-emission buses, including continued federal support such as what
    11  has been provided in the Inflation Reduction Act, the Bipartisan Infras-
    12  tructure Law, the Low or No Emission Vehicle Program, the  Diesel  Emis-
    13  sions  Reduction  Act,  and  other  federal funding programs, as well as
    14  state and miscellaneous funding such  as  the  New  York  Truck  Voucher
    15  Incentive Program and the Volkswagen Clean Air Act Civil Settlement.
    16    Additionally,  the  legislature  recognizes that current zero-emission
    17  bus technology is still developing, particularly with respect to  travel
    18  range,  cold  weather  performance,  and bus availability. Technological
    19  advances will continue accelerating leading up to and during the covered
    20  period for zero-emission bus fleet conversion.    Finally,  one  of  the
    21  greatest  harms  to local communities are localized emissions which have
    22  an acutely negative impact, particularly to disadvantaged communities as
    23  defined in the Climate Leadership and Community Protection Act.   There-
    24  fore  a  coordinated  statewide  effort  to  purchase,  manufacture, and
    25  utilize zero-emission buses and paratransit vehicles will  help  facili-
    26  tate  technological  advancement,  reduce overall costs, and help reduce
    27  harm to our local communities.
    28    § 2. The transportation law is amended by adding a new section 17-c to
    29  read as follows:
    30    § 17-c. Zero-emission buses. 1. No later than January first, two thou-
    31  sand twenty-nine, every public transportation system eligible to receive
    32  operating assistance under the provisions of section eighteen-b of  this
    33  article  shall  be  required  to  purchase  only zero-emission buses and
    34  related equipment and facilities as part of the  normal  replacement  of
    35  its  fleet.   No later than January first, two thousand thirty-five, any
    36  hydrogen fuel cell  zero-emission  bus  shall  be  powered  by  hydrogen
    37  derived from zero-emission electricity.
    38    2. For purposes of this section "zero-emission bus" shall mean a motor
    39  vehicle  that  has  a  seating capacity of fifteen or more passengers in
    40  addition to the driver and used for the transportation  of  persons;  is
    41  propelled  by  an  electric motor and associated power electronics which
    42  provide acceleration torque to the drive wheels  during  normal  vehicle
    43  operation  and  draws  electricity  from  a hydrogen fuel cell or from a
    44  battery which is capable of being recharged from an external  source  of
    45  electricity; or otherwise operates without direct emission of atmospher-
    46  ic  pollutants.    Provided, however, that for purposes of this section,
    47  zero-emission buses  shall  include  paratransit  vehicles  specifically
    48  designated  by  public  transportation  systems  to  serve  the needs of
    49  persons who cannot use fixed route transit buses, subways or rapid tran-
    50  sit.
    51    3. (a) Notwithstanding any provision  of  law  to  the  contrary,  all
    52  rights  or  benefits,  including terms and conditions of employment, and
    53  protection of civil service and  collective  bargaining  status  of  all
    54  existing  employees  of  authorized  entities  shall  be  preserved  and
    55  protected. Nothing in this section shall result in the: (i) displacement
    56  of any currently  employed  worker  or  loss  of   position   (including

        A. 6414                             3

     1  partial  displacement  such as a reduction  in the hours of non-overtime
     2  work, wages, or employment benefits) or  result  in  the  impairment  of
     3  existing  collective  bargaining  agreements;  (ii) transfer of existing
     4  duties  and  functions  related  to maintenance and operations currently
     5  performed by existing  employees of authorized entities to a contracting
     6  entity; or (iii)   transfer of future duties  and  functions  ordinarily
     7  performed  by  employees of authorized entities to a contracting entity.
     8    (b)  Upon  the  effective date of this section, the transit authority,
     9  agency or municipality shall create and implement a  workforce  develop-
    10  ment  report  that (i) forecasts the number of jobs provided by existing
    11  omnibuses, rolling stock, vehicles or equipment that would be eliminated
    12  or substantially changed after the purchase, as well as  the  number  of
    13  jobs  expected  to  be  created  at the transit provider by the proposed
    14  purchase over a six-year period from the date of the publication of  the
    15  workforce  development  report, (ii) identifies gaps in skills needed to
    16  operate and maintain the new zero-emission buses, rolling  stock,  vehi-
    17  cles  or related equipment, (iii) includes a comprehensive plan to tran-
    18  sition, train, or retrain employees that are impacted  by  the  proposed
    19  purchase, and (iv) contains an estimated budget to transition, train, or
    20  retrain employees that are impacted by the proposed purchase.
    21    (c)  Nothing  contained  herein  shall  be construed to affect (i) the
    22  existing rights of employees pursuant to an existing collective bargain-
    23  ing agreement, or (ii) the existing representational relationships among
    24  employee organizations  or  the  bargaining  relationships  between  the
    25  employer  and  an employee organization. Prior to beginning the procure-
    26  ment process for new zero-emission buses,  rolling  stock,  vehicles  or
    27  related  equipment,  the transit authority, agency or municipality shall
    28  inform the respective collective bargaining agent of any potential  jobs
    29  that  may  be  affected,  altered,  or  eliminated  as  a  result of the
    30  purchase, and it shall be a mandatory subject for collective bargaining.
    31    4. (a) (i) Within six months of the effective date  of  this  section,
    32  the  department  and  the New York State Energy Research and Development
    33  Authority ("NYSERDA"), shall convene a working group made up of  transit
    34  agencies,  other  relevant public agencies, the department, the New York
    35  power authority, educational institutions, relevant community  organiza-
    36  tions,  and  other  necessary parties, to create a zero-emission roadmap
    37  for the state which shall identify the actions needed to meet the  tran-
    38  sition  goals established in subdivision one of this section.  The road-
    39  map shall  include, but not be limited to:
    40    (1) financial and technical guidance related to the purchasing, retro-
    41  fitting, operation, and maintenance of zero-emission buses;
    42    (2) an identification and siting plan for charging and fueling infras-
    43  tructure;
    44    (3) an identification of the necessary  investments  in  the  electric
    45  transmission and distribution grid;
    46    (4)  an  identification of how to ensure related facility upgrades are
    47  coordinated to maximize the cost effectiveness and overall system  reli-
    48  ability;
    49    (5)  the  available  federal,  state, and local funding to purchase or
    50  lease zero-emission buses or convert existing buses to zero-emissions;
    51    (6) an identification of new incentives and programs  to  advance  the
    52  deployment and adoption of zero-emission buses;
    53    (7) streamlining actions to facilitate the conversion of public trans-
    54  portation systems and bus fleets;
    55    (8)  strategies  consistent  with the Climate Leadership and Community
    56  Protection Act enacted by chapter one hundred six of  the  laws  of  two

        A. 6414                             4

     1  thousand nineteen, that ensure the deployment of zero-emission buses are
     2  prioritized  in  disadvantaged communities, as  defined  in  subdivision
     3  five of section 75-0101 of the environmental conservation law;
     4    (9)  in  consultation with the environmental justice working group and
     5  the climate action council, shall, to the extent practicable, invest  or
     6  direct  available  and  relevant  programmatic  resources  in  a  manner
     7  designed to achieve a goal  for  disadvantaged  communities  to  receive
     8  forty  percent  of  overall benefits of spending consistent with section
     9  75-0117 of the environmental conservation law;
    10    (10) an estimation of the number of public operations and  maintenance
    11  jobs  provided  by existing omnibuses, rolling stock, vehicles or equip-
    12  ment that would be eliminated or substantially changed by the transition
    13  goals established in subdivision one of this section;
    14    (11) identifies gaps in skills needed to operate and maintain the  new
    15  electric-powered  omnibuses,  rolling  stock, vehicles or related equip-
    16  ment; and
    17    (12) development of a comprehensive  plan  to  transition,  train,  or
    18  retrain  public  transportation system employees impacted by the transi-
    19  tion goals established in subdivision one of this section, including  an
    20  estimated  budget  for  implementing this plan and the identification of
    21  funding streams to fund this transition.
    22    (ii) The department and NYSERDA shall  convene  a  technical  advisory
    23  group  made  up  of  diverse  stakeholders to provide the department and
    24  NYSERDA with relevant  technical,  policy,  and  market  expertise.  The
    25  department  and  NYSERDA  shall further develop a stakeholder engagement
    26  process to solicit feedback on the roadmap and  raise consumer awareness
    27  and education across the state.
    28    (b) No later than one year after the convening of  the  working  group
    29  established  by  subparagraph  (i) of paragraph (a) of this subdivision,
    30  the department and NYSERDA shall report its findings and recommendations
    31  to the governor, the temporary president of the senate, and the  speaker
    32  of  the  assembly.  This report may be combined with the report required
    33  under section eighteen hundred eighty-four  of  the  public  authorities
    34  law.
    35    (c)  Following  the  submission of the report as required by paragraph
    36  (b) of this subdivision, the department and NYSERDA shall solicit public
    37  comment for thirty days in developing the roadmap, and are authorized to
    38  hold public hearings and meetings in accordance with  article  seven  of
    39  the  public officers law, and consult with any organization, educational
    40  institution, or other government entity or person,  to  enable  them  to
    41  accomplish their duties.
    42    (d)  No  later  than fifteen months after the convening of the working
    43  group established by subparagraph (i) of paragraph (a) of this  subdivi-
    44  sion, DOT and NYSERDA  shall publish a formalized roadmap along with all
    45  necessary  policies  and procedures for implementation, to ensure public
    46  transportation systems will be able to meet the transition goals  estab-
    47  lished in subdivision one of this section. DOT and NYSERDA shall publish
    48  the  roadmap,  policies,  and  procedures,  on  either of their publicly
    49  accessible websites, thirty days prior to the plans being finalized.
    50    (e) No later than one year after the  publication  and  implementation
    51  of  the  roadmap  established pursuant to paragraph (d) of this subdivi-
    52  sion,  public  transportation  systems  eligible  to  receive  operating
    53  assistance  under  the provisions of section eighteen-b of this article,
    54  must develop and implement their own transition plans, incorporating the
    55  findings, policies, and procedures produced by  the  working  group  and
    56  identifying  possible  barriers  to implementing this transition, unless

        A. 6414                             5

     1  granted an extension under subdivision  five  of  this  section.  Public
     2  transportation  systems shall solicit public comment in developing tran-
     3  sition plans, and are authorized to hold public hearings and meetings in
     4  accordance  with  article  seven of the public officers law, and consult
     5  with any organization,  educational  institution,  or  other  government
     6  entity or person, to enable them to accomplish their duties. The depart-
     7  ment shall publish transition plans on their publicly accessible website
     8  within  thirty  days  of the plans being finalized with  the department.
     9  Transition plans shall be updated every three years after the date  they
    10  are  first  published  and updated plans shall be updated on the depart-
    11  ment's website within thirty days of the updated plans being finalized.
    12    (f) The working group  shall provide technical  assistance  to  public
    13  transportation  systems  upon  request,  and shall provide assistance to
    14  public transportation systems upon request for  assistance  in  pursuing
    15  state  and  federal  grants and other funding opportunities. The working
    16  group shall prioritize funding opportunity assistance to  public  trans-
    17  portation  systems  implementing  a  zero-emissions purchase requirement
    18  prior to January first, two thousand twenty-nine. The  department  shall
    19  also facilitate the coordination of purchasing, installation and sharing
    20  services between public transportation systems serving primarily outside
    21  of cities with a population of one million or more.
    22    5. (a) In order to obtain an extension of the attainment  date  beyond
    23  the  statutory  date of January first, two thousand twenty-nine pursuant
    24  to  subdivision one of this section, the transportation system shall:
    25    (i) apply for an extension and submit a complete application for  such
    26  extension  attainment  date by December thirty-first, two thousand twen-
    27  ty-eight; and
    28    (ii)  demonstrate that the transition plan required pursuant to subdi-
    29  vision four of this section contains all of the required components of a
    30  transition  plan  and includes a request for extension of the attainment
    31  date.
    32    (b) The department shall determine if the transportation system quali-
    33  fies for an attainment date extension based on:
    34    (i) whether the transportation system conducted at least a request for
    35  information, request for proposal, or combination of both for  paratran-
    36  sit vehicles within three years of two thousand twenty-nine, proven that
    37  such zero-emission paratransit technology is not attainable by two thou-
    38  sand  twenty-nine,  and  the department has determined that a good faith
    39  effort has been made by the transportation system; and
    40    (ii) whether the transportation system:
    41    (1) purchased or installed equipment within the last ten years for the
    42  purpose of reducing emissions and where buses reliant  on  such  infras-
    43  tructure constitute a majority of the in-use fleet; or
    44    (2)  has  already received funds for such equipment and such equipment
    45  has not yet reached the end of its useful life or through  the  lifetime
    46  of  any  existing  federal  funding obligations for such infrastructure,
    47  whichever comes first; and where buses reliant  on  such  infrastructure
    48  constitute a majority of the in-use fleet; or
    49    (3)  is  an  intercity  bus service or bus service intended to satisfy
    50  longer distance travel demand between cities, villages and unincorporat-
    51  ed urban places and proven that such  zero-emission  transition  is  not
    52  attainable  by two thousand twenty-nine due to technology or infrastruc-
    53  ture and the department has determined that a good faith effort has been
    54  made.

        A. 6414                             6

     1    (c) In order to obtain an exemption from the attainment date  require-
     2  ment  pursuant  to  subdivision one of this section, the transition plan
     3  shall include:
     4    (i) a timeline for attainment demonstration;
     5    (ii) efforts to maximize zero-emission bus purchases and purchase only
     6  zero-emission buses prior to two thousand thirty-five;
     7    (iii)  year-by-year  targets  for  zero-emission  bus procurements and
     8  infrastructure installation;
     9    (iv) contingency measure provisions; and
    10    (v) a detailed justification for nonattainment of zero-emission equip-
    11  ment review plan provisions.
    12    (d)  Based  on  the  department's  assessment  of  the  transportation
    13  system's  transition plan and extension request, the department may deny
    14  the extension if it determines that an adequate attempt was not made  or
    15  that  technology  and infrastructure is available for the transportation
    16  system to transition to zero-emission buses. Any  determination  by  the
    17  department  to  deny  or  grant an extension request shall be subject to
    18  public notification and comment. Any applications  for  attainment  date
    19  extensions  shall  be  subject  to  the  freedom  of information law and
    20  published on the department's public website.
    21    (e) Transportation systems that qualify for an extension  pursuant  to
    22  this subdivision shall procure only zero-emission buses starting January
    23  first,  two  thousand thirty-five or sooner once the exemption no longer
    24  applies.
    25    § 3. The transportation law is amended by adding a new section 18-c to
    26  read as follows:
    27    § 18-c.  Capital  plan  requirements.  In  formulating  the  five-year
    28  department  of  transportation  capital plans, the department shall: (a)
    29  consider the requirement of section seventeen-c of this article  in  its
    30  disbursement  of  payment  for  the costs of mass transportation capital
    31  projects and facilities and give preference in the form of  payments  to
    32  public  transportation  systems eligible to receive operating assistance
    33  under the provisions of section eighteen-b of this article that are able
    34  to demonstrate commitments  made  towards  purchasing  and  retrofitting
    35  zero-emission buses and related equipment and facilities; and (b) facil-
    36  itate  for purposes of meeting the requirement of section seventeen-c of
    37  this article the coordination of purchasing,  installation  and  sharing
    38  services between public transportation systems serving primarily outside
    39  the city of New York.
    40    § 4. Section 2878-a of the public authorities law is amended by adding
    41  a new subdivision 3 to read as follows:
    42    3.  (a) A transportation authority established under this chapter may,
    43  by resolution approved by a two-thirds  vote  of  its  members  then  in
    44  office,  or  by a declaration that competitive bidding is impractical or
    45  inappropriate with respect to electric-powered omnibuses, rolling stock,
    46  vehicles or other  related  equipment  because  the  item  is  available
    47  through  an  existing  contract  between a vendor and (i) another public
    48  authority provided that such  other  authority  utilized  a  process  of
    49  competitive  bidding  or a process of competitive requests for proposals
    50  to award such contracts, or (ii) the state of New York, or (iii) a poli-
    51  tical subdivision of the state of New York, provided that  in  any  case
    52  when under this subdivision the authority determines that obtaining such
    53  item  thereby would be in the public interest and sets forth the reasons
    54  for such determination. The authority shall accept  sole  responsibility
    55  for  any payment due the vendor as a result of the authority's order. In
    56  each case where the authority declares competitive  bidding  impractical

        A. 6414                             7

     1  or  inappropriate,  it  shall  state  the reason therefor in writing and
     2  summarize any negotiations that have been conducted. The authority shall
     3  not award any contract pursuant to this subdivision earlier than  thirty
     4  days  from  the  date  on  which the authority declares that competitive
     5  bidding is  impractical  or  inappropriate.  All  procurements  approved
     6  pursuant to this subdivision shall be subject to audit and inspection by
     7  the  department  of  audit  and  control  or any successor agencies. For
     8  purposes of  this  subdivision,  "transportation  authority"  shall  not
     9  include  transportation  authorities  governed under titles nine, nine-A
    10  and eleven of article five of this chapter or  title  three  of  article
    11  three  of this chapter. For the purposes of this subdivision, "electric-
    12  powered omnibuses" shall include any bus owned, leased, rented or other-
    13  wise controlled by the authority that otherwise meets the definition  of
    14  bus  provided  in section five hundred nine-a of the vehicle and traffic
    15  law that is propelled by an electric motor and  associated  power  elec-
    16  tronics  which  provide  acceleration  torque to the drive wheels during
    17  normal vehicle operation and draws electricity from a hydrogen fuel cell
    18  or from a battery which is capable of being recharged from  an  external
    19  source  of electricity; or otherwise operates without direct emission of
    20  atmospheric pollutants.
    21    (b) (i) Notwithstanding any provision of  law  to  the  contrary,  all
    22  rights  or  benefits,  including terms and conditions of employment, and
    23  protection of civil service and  collective  bargaining  status  of  all
    24  existing  employees  of  authorized  entities  shall  be  preserved  and
    25  protected. Nothing in this section shall result in the: (1) displacement
    26  of any currently employed worker or loss of position, including  partial
    27  displacement such as a reduction in  the  hours  of  non-overtime  work,
    28  wages,  or  employment benefits, or result in the impairment of existing
    29  collective bargaining agreements; (2) transfer of  existing  duties  and
    30  functions  related to maintenance and operations currently  performed by
    31  existing  employees of authorized entities to a contracting  entity;  or
    32  (3)    transfer  of future duties and functions ordinarily performed  by
    33  employees of authorized entities to a contracting entity.
    34    (ii) At least one year prior to the beginning of the procurement proc-
    35  ess for new  electric-powered  omnibuses,  rolling  stock,  vehicles  or
    36  related  equipment, the authority shall create and implement a workforce
    37  development report that (1) forecasts the number  of  jobs  provided  by
    38  existing  omnibuses,  rolling stock, vehicles or equipment that would be
    39  eliminated or substantially changed after the purchase, as well  as  the
    40  number  of  jobs expected to be created at the authority by the proposed
    41  purchase over a six-year period from the date of the publication of  the
    42  workforce  development  report,  (2) identifies gaps in skills needed to
    43  operate and maintain the new electric-powered omnibuses, rolling  stock,
    44  vehicles  or  related  equipment,  (3)  includes a comprehensive plan to
    45  transition, train,  or  retrain  employees  that  are  impacted  by  the
    46  proposed  purchase,  and (4) contains an estimated budget to transition,
    47  train, or retrain employees that are impacted by the proposed purchase.
    48    (c) Nothing contained herein shall be  construed  to  affect  (i)  the
    49  existing rights of employees pursuant to an existing collective bargain-
    50  ing agreement, or (ii) the existing representational relationships among
    51  employee  organizations  or  the  bargaining  relationships  between the
    52  employer and an employee organization. Prior to beginning  the  procure-
    53  ment process for new electric-powered omnibuses, rolling stock, vehicles
    54  or  related  equipment,  the transit agency or municipality shall inform
    55  the respective collective bargaining agent of any  potential  jobs  that

        A. 6414                             8

     1  may be affected, altered, or eliminated as a result of the purchase, and
     2  it shall be a mandatory subject for collective bargaining.
     3    §  5.  Section 104 of the general municipal law is amended by adding a
     4  new subdivision 3 to read as follows:
     5    3. (a) Notwithstanding the provisions of section one hundred three  of
     6  this  article  or  of any other general, special or local law, any chief
     7  executive officer of a political subdivision or agency which operates  a
     8  public  transportation  system  is authorized to make purchases of elec-
     9  tric-powered omnibuses or other  related  equipment  upon  a  resolution
    10  approved  by  a  two-thirds vote of its board then in office because the
    11  item is available through an existing contract between a vendor and  (i)
    12  a  public  authority  of  the  state  provided that such other authority
    13  utilized a process of competitive bidding or a  process  of  competitive
    14  requests for proposals to award such contracts, or (ii) the state of New
    15  York,  or  (iii)  a  political  subdivision  of  the  state of New York,
    16  provided that in any case when  under  this  subdivision  the  political
    17  subdivision  determines that obtaining such item thereby would be in the
    18  public interest and sets forth the reasons for such  determination.  The
    19  political  subdivision  shall  not  award  any contract pursuant to this
    20  subdivision earlier than thirty days from the date on  which  the  poli-
    21  tical  subdivision  declares  that competitive bidding is impractical or
    22  inappropriate. All purchases shall be subject to audit and inspection by
    23  the political subdivision for which made, in addition to the  department
    24  of  audit  and  control of New York state. For purposes of this subdivi-
    25  sion, "political subdivision or agency which operates a public transpor-
    26  tation system" shall not  include  transportation  authorities  governed
    27  under  titles  nine,  nine-A  and  eleven  of article five of the public
    28  authorities law or title three of article three of the  public  authori-
    29  ties  law. For the purposes of this subdivision, "electric-powered omni-
    30  buses"  shall  include  any  bus  owned,  leased,  rented  or  otherwise
    31  controlled  by  the political subdivision that otherwise meets the defi-
    32  nition of bus provided in section five hundred nine-a of the vehicle and
    33  traffic law that is propelled by an electric motor and associated  power
    34  electronics which provide acceleration torque to the drive wheels during
    35  normal vehicle operation and draws electricity from a hydrogen fuel cell
    36  or  from  a battery which is capable of being recharged from an external
    37  source of electricity; or otherwise operates without direct emission  of
    38  atmospheric pollutants.
    39    (b)  (i)  Notwithstanding  any  provision  of law to the contrary, all
    40  rights or benefits, including terms and conditions  of  employment,  and
    41  protection  of  civil  service  and  collective bargaining status of all
    42  existing  employees  of  authorized  entities  shall  be  preserved  and
    43  protected. Nothing in this section shall result in the: (1) displacement
    44  of  any currently   employed   worker  or  loss  of  position, including
    45  partial displacement such as a reduction  in the hours  of  non-overtime
    46  work,  wages,  or  employment  benefits,  or result in the impairment of
    47  existing collective bargaining  agreements;  (2)  transfer  of  existing
    48  duties  and  functions  related  to maintenance and operations currently
    49  performed by existing  employees of authorized entities to a contracting
    50  entity; or (3)   transfer of  future  duties  and  functions  ordinarily
    51  performed  by  employees of authorized entities to a contracting entity.
    52    (ii) At least one year prior to the beginning of the procurement proc-
    53  ess  for  new  electric-powered  omnibuses,  rolling  stock, vehicles or
    54  related equipment, the transit agency or municipality shall  create  and
    55  implement  a  workforce development report that (1) forecasts the number
    56  of jobs provided by  existing  omnibuses,  rolling  stock,  vehicles  or

        A. 6414                             9

     1  equipment  that  would  be eliminated or substantially changed after the
     2  purchase, as well as the number of jobs expected to be  created  at  the
     3  transit  provider  by  the proposed purchase over a six-year period from
     4  the  date  of  the  publication of the workforce development report, (2)
     5  identifies gaps in skills needed to operate and maintain the  new  elec-
     6  tric-powered  omnibuses,  rolling  stock, vehicles or related equipment,
     7  (3) includes a comprehensive  plan  to  transition,  train,  or  retrain
     8  employees  that  are impacted by the proposed purchase, and (4) contains
     9  an estimated budget to transition, train, or retrain employees that  are
    10  impacted by the proposed purchase.
    11    (c)  Nothing  contained  herein  shall  be construed to affect (i) the
    12  existing rights of employees pursuant to an existing collective bargain-
    13  ing agreement, or (ii) the existing representational relationships among
    14  employee organizations  or  the  bargaining  relationships  between  the
    15  employer  and  an employee organization. Prior to beginning the procure-
    16  ment process for new electric-powered omnibuses, rolling stock, vehicles
    17  or related equipment, the transit agency or  municipality  shall  inform
    18  the  respective  collective  bargaining agent of any potential jobs that
    19  may be affected, altered, or eliminated as a result of the purchase, and
    20  it shall be a mandatory subject for collective bargaining.
    21    § 6. Section 104 of the general municipal law, as amended  by  section
    22  27  of  part  L of chapter 55 of the laws of 2012, is amended to read as
    23  follows:
    24    § 104. Purchase through office of general services. 1. Notwithstanding
    25  the provisions of section one hundred three of this article  or  of  any
    26  other  general,  special or local law, any officer, board or agency of a
    27  political subdivision, of a district therein, of a fire company or of  a
    28  voluntary  ambulance  service is authorized to make purchases of commod-
    29  ities and services available pursuant to section one hundred sixty-three
    30  of the state finance law, may make such purchases through the office  of
    31  general  services  subject to such rules as may be established from time
    32  to time pursuant to section one hundred sixty-three of the state finance
    33  law or through the general services administration pursuant  to  section
    34  1555  of the federal acquisition streamlining act of 1994, P.L. 103-355;
    35  provided that any such purchase shall exceed five  hundred  dollars  and
    36  that  the  political  subdivision,  district,  fire company or voluntary
    37  ambulance service for which such officer, board  or  agency  acts  shall
    38  accept sole responsibility for any payment due the vendor. All purchases
    39  shall  be  subject to audit and inspection by the political subdivision,
    40  district, fire company or voluntary ambulance service for which made. No
    41  officer, board or agency of a political subdivision, or a district ther-
    42  ein, of a fire company or of a voluntary ambulance  service  shall  make
    43  any  purchase  through such office when bids have been received for such
    44  purchase by such officer, board or agency, unless such purchase  may  be
    45  made upon the same terms, conditions and specifications at a lower price
    46  through  such  office. Two or more fire companies or voluntary ambulance
    47  services may join in making purchases pursuant to this section, and  for
    48  the purposes of this section such groups shall be deemed "fire companies
    49  or voluntary ambulance services."
    50    2.  (a) Notwithstanding the provisions of section one hundred three of
    51  this article or of any other general, special or local  law,  any  chief
    52  executive  officer of a political subdivision or agency which operates a
    53  public transportation system is authorized to make  purchases  of  elec-
    54  tric-powered  omnibuses  or  other  related  equipment upon a resolution
    55  approved by a two-thirds vote of its board then in  office  because  the
    56  item  is available through an existing contract between a vendor and (a)

        A. 6414                            10

     1  a public authority of the  state  provided  that  such  other  authority
     2  utilized  a  process  of competitive bidding or a process of competitive
     3  requests for proposals to award such contracts, or (b) the state of  New
     4  York,  or (c) a political subdivision of the state of New York, provided
     5  that in any case when under this subdivision the  political  subdivision
     6  determines  that  obtaining  such  item  thereby  would be in the public
     7  interest and sets forth the reasons for such  determination.  The  poli-
     8  tical subdivision shall not award any contract pursuant to this subdivi-
     9  sion  earlier  than  thirty  days  from  the date on which the political
    10  subdivision declares that competitive bidding is impractical or inappro-
    11  priate. All purchases shall be subject to audit and  inspection  by  the
    12  political  subdivision  for which made, in addition to the department of
    13  audit and control of New York state. For purposes of  this  subdivision,
    14  "political  subdivision or agency which operates a public transportation
    15  system" shall not  include  transportation  authorities  governed  under
    16  titles nine, nine-A and eleven of article five of the public authorities
    17  law  or  title three of article three of the public authorities law. For
    18  the purposes of this  subdivision,  "electric-powered  omnibuses"  shall
    19  include  any  bus  owned,  leased, rented or otherwise controlled by the
    20  political  subdivision  that  otherwise  meets  the  definition  of  bus
    21  provided  in  section five hundred nine-a of the vehicle and traffic law
    22  that is propelled by an electric motor and associated power  electronics
    23  which  provide  acceleration  torque  to  the drive wheels during normal
    24  vehicle operation and draws electricity from a  hydrogen  fuel  cell  or
    25  from  a  battery  which  is  capable of being recharged from an external
    26  source of electricity; or otherwise operates without direct emission  of
    27  atmospheric pollutants.
    28    (b)  (i)  Notwithstanding  any  provision  of law to the contrary, all
    29  rights or benefits, including terms and conditions  of  employment,  and
    30  protection  of  civil  service  and  collective bargaining status of all
    31  existing  employees  of  authorized  entities  shall  be  preserved  and
    32  protected. Nothing in this section shall result in the: (1) displacement
    33  of  any currently   employed   worker  or  loss  of  position, including
    34  partial displacement such as a reduction  in the hours  of  non-overtime
    35  work,  wages,  or  employment  benefits,  or result in the impairment of
    36  existing collective bargaining  agreements;  (2)  transfer  of  existing
    37  duties  and  functions  related  to maintenance and operations currently
    38  performed by existing  employees of authorized entities to a contracting
    39  entity; or (3)   transfer of  future  duties  and  functions  ordinarily
    40  performed  by  employees of authorized entities to a contracting entity.
    41    (ii) At least one year prior to the beginning of the procurement proc-
    42  ess  for  new  electric-powered  omnibuses,  rolling  stock, vehicles or
    43  related equipment, the transit agency or municipality shall  create  and
    44  implement  a  workforce development report that (1) forecasts the number
    45  of jobs provided by  existing  omnibuses,  rolling  stock,  vehicles  or
    46  equipment  that  would  be eliminated or substantially changed after the
    47  purchase, as well as the number of jobs expected to be  created  at  the
    48  transit  provider  by  the proposed purchase over a six-year period from
    49  the date of the publication of the  workforce  development  report,  (2)
    50  identifies  gaps  in skills needed to operate and maintain the new elec-
    51  tric-powered omnibuses, rolling stock, vehicles  or  related  equipment,
    52  (3)  includes  a  comprehensive  plan  to  transition, train, or retrain
    53  employees that are impacted by the proposed purchase, and  (4)  contains
    54  an  estimated budget to transition, train, or retrain employees that are
    55  impacted by the proposed purchase.

        A. 6414                            11

     1    (c) Nothing contained herein shall be  construed  to  affect  (i)  the
     2  existing rights of employees pursuant to an existing collective bargain-
     3  ing agreement, or (ii) the existing representational relationships among
     4  employee  organizations  or  the  bargaining  relationships  between the
     5  employer  and  an employee organization. Prior to beginning the procure-
     6  ment process for new electric-powered omnibuses, rolling stock, vehicles
     7  or related equipment, the transit agency or  municipality  shall  inform
     8  the  respective  collective  bargaining agent of any potential jobs that
     9  may be affected, altered, or eliminated as a result of the purchase, and
    10  it shall be a mandatory subject for collective bargaining.
    11    § 7. The transportation law is amended by adding a new section 18-d to
    12  read as follows:
    13    § 18-d. Zero-emission bus procurement contract proposals. 1.  For  the
    14  purposes  of  this section, the following terms shall have the following
    15  meanings:
    16    (a) "Displaced worker" means any employee whose most recent separation
    17  from active service was due to lack of business, a reduction  in  force,
    18  or other economic, nondisciplinary reason related to the transition from
    19  the fossil-fuel reliant buses to zero-emission buses.
    20    (b)  "Individual  facing  barriers  to employment" means either of the
    21  following:
    22    (i) An individual facing barriers to  employment  as  defined  by  the
    23  commissioner or, otherwise
    24    (ii)  An individual from a demographic group that represents less than
    25  thirty percent of their relevant industry  workforce  according  to  the
    26  United States Bureau of Labor Statistics.
    27    (c)  "Non-temporary  job"  means  a job other than those classified as
    28  "temporary" as defined in article eleven of the general business law.
    29    2. (a) Beginning January first, two thousand twenty-five, every public
    30  transportation system eligible to receive operating assistance  pursuant
    31  to section eighteen-b of this article shall award contracts for zero-em-
    32  ission  buses  and  related  equipment    using a competitive best-value
    33  procurement process; and shall require bidders to submit a United States
    34  Jobs Plan as part of their solicitation responses.
    35    (b) The United States Jobs Plan shall include the  following  informa-
    36  tion:
    37    (i) The number of full-time non-temporary jobs proposed to be retained
    38  and  created,  including  an  accounting  of the positions classified as
    39  employees, as defined in section seven hundred forty of the  labor  law,
    40  and positions classified as independent contractors;
    41    (ii)  The number of jobs specifically reserved for  individuals facing
    42  barriers to employment and the number reserved for displaced workers and
    43  workers from disadvantaged communities;
    44    (iii) The minimum wage levels by job classification for non-superviso-
    45  ry workers;
    46    (iv) Proposed amounts to be paid for fringe benefits  by  job  classi-
    47  fication and the proposed amounts for worker training by job classifica-
    48  tion;
    49    (v)  In the event that a federal authority specifically authorizes use
    50  of a geographic preference or when state or local funds are used to fund
    51  a contract, proposed local jobs created in the state or within an exist-
    52  ing facility in the state that are related to the manufacturing of zero-
    53  emission buses and related equipment; and
    54    (vi) Information on what steps have been taken and will  be  taken  to
    55  implement  the workforce development report with respect to training and

        A. 6414                            12

     1  retraining  of  existing  maintenance,  drivers  and  other   identified
     2  purchasing agency employees.
     3    3.  The  requests for proposals established by subdivision two of this
     4  section shall include notice to bidders stating that:
     5    (a) the content of United States Jobs Plans shall be  incorporated  as
     6  material terms of the final contract;
     7    (b)  the  content  of United States Jobs Plans and reports required by
     8  this section shall be subject to disclosure under the Freedom of  Infor-
     9  mation Law; and
    10    (c)  the  final contract and compliance documents shall be made avail-
    11  able to the public.
    12    4. The department shall promulgate regulations to establish the forms,
    13  procedures, and processes necessary for  impacted  transit  agencies  to
    14  implement  the requirements of this section. This shall include a stand-
    15  ard and consistent method, such as a workbook or worksheet, to track the
    16  quantifiable information required in paragraph (b) of subdivision two of
    17  this section and procedures  to  annually  assess  contracting  entities
    18  compliance with the United States Jobs Plan.
    19    5.  Contracting  entities  shall  be  required to submit annual United
    20  States Jobs Plan reports to contracting  public  agencies  demonstrating
    21  compliance with their United States Jobs Plan commitments.  The terms of
    22  the  final  contract  as  well as all compliance reporting shall be made
    23  available to the public online,  either  via  the  contracting  agency's
    24  website  or the department's website, at the election of the contracting
    25  agency.
    26    6. The provisions of this section shall not apply to:  (a) A  contract
    27  awarded before January first, two thousand twenty-five; or
    28    (b)  A  contract awarded based on a solicitation issued before January
    29  first, two thousand twenty-five.
    30    § 8. The public service law is amended by adding a new section 66-v to
    31  read as follows:
    32    §  66-v.  Public  transportation  systems  zero-emission   electricity
    33  infrastructure.  Every  electric  corporation  which  provides  electric
    34  service to a public transportation system, as defined in  section  eigh-
    35  teen-b of the transportation law, shall ensure that such corporation has
    36  the  requisite and appropriate infrastructure, capacity, facilities, and
    37  transmission and distribution systems needed to  supply  power  for  the
    38  electric  charging  of  zero-emission  buses  of a public transportation
    39  system at the locations designated for charging by such public transpor-
    40  tation systems. Within one  year  of  the  publication  of  the  roadmap
    41  required  under subdivision four of section seventeen-c of the transpor-
    42  tation law, an electric corporation shall have adopted  finalized  plans
    43  and  agreements  to  construct,  install  or  upgrade the infrastructure
    44  necessary to support to the deployment and  operation  of  zero-emission
    45  buses  by a public transportation system by providing the required elec-
    46  tric service to the locations designated  for  charging  buses  by  such
    47  public transportation system.  All costs associated with the mandates of
    48  this  section  shall be borne by an electric corporation. The commission
    49  shall not approve any increases in rates or charges for services  of  an
    50  electric  corporation  which  has  not complied with this section by the
    51  date set forth herein or pursuant to the roadmap  under  section  seven-
    52  teen-c of the transportation law.
    53    § 9. Section 66-s of the public service law is amended by adding a new
    54  subdivision 7 to read as follows:
    55    7. The commission shall establish a separate tariff under this section
    56  for  public  transportation  systems as defined in section eighteen-b of

        A. 6414                            13

     1  the transportation law for separately metered utilities for the  purpose
     2  of  charging  zero-emission  buses  as defined in section seventeen-c of
     3  such law. The tariff shall provide a  waiver  of  all  secondary  demand
     4  charges  for  charging  zero-emission  buses  between  the  hours of ten
     5  o'clock p.m.  and eight o'clock a.m., as well as low tension service for
     6  winter and summer months.
     7    § 10. Severability. The provisions of this act shall be severable, and
     8  if the application of  any  clause,  sentence,  paragraph,  subdivision,
     9  section  or  part  of  this  act  to any person or circumstance shall be
    10  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    11  judgment shall not necessarily affect, impair or invalidate the applica-
    12  tion  of  any  such clause, sentence, paragraph, subdivision, section or
    13  part of this act or remainder thereof, as the case may be, to any  other
    14  person  or  circumstance,  but shall be confined in its operation to the
    15  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    16  directly  involved  in the controversy in which such judgment shall have
    17  been rendered.
    18    § 11. This act shall take effect immediately, provided, however,  that
    19  section  seven  of this act shall take effect on the ninetieth day after
    20  it shall have become a law; provided, further, that  the  amendments  to
    21  section  104  of  the general municipal law made by section five of this
    22  act shall be subject to the expiration and  reversion  of  such  section
    23  pursuant  to  section 9 of subpart A of part C of chapter 97 of the laws
    24  of 2011, as amended, when upon such date the provisions of  section  six
    25  of  this  act  shall take effect.   Effective immediately, the addition,
    26  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    27  implementation  of  this  act on its effective date are authorized to be
    28  made and completed on or before such effective date.
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