STATE OF NEW YORK ________________________________________________________________________ 6089 2023-2024 Regular Sessions IN SENATE March 28, 2023 ___________ Introduced by Sens. KENNEDY, ADDABBO, BAILEY, BRESLIN, BRISPORT, BROUK, COMRIE, COONEY, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER, LIU, MANNION, MAY, MAYER, MYRIE, PARKER, RIVERA, RYAN, SALAZAR, SANDERS, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, THOMAS -- 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 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 11 order to purchase new buses, renovate or replace bus depots, expand 12 utility infrastructure and generation capacity, and other necessary 13 investments to ensure reliable delivery of zero-emission bus services. 14 Furthermore, the legislature recognizes that there are existing revenue 15 sources which currently fund public transit that rely on the consumption EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10254-03-3
S. 6089 2 1 of fossil fuels and which will diminish as the number of gas-powered 2 cars decreases. 3 It is the expectation of the legislature that there will be sufficient 4 funding to support a statewide conversion of public transit bus fleets 5 to zero-emission buses, including continued federal support such as what 6 has been provided in the Inflation Reduction Act, the Bipartisan Infras- 7 tructure Law, the Low or No Emission Vehicle Program, the Diesel Emis- 8 sions Reduction Act, and other federal funding programs, as well as 9 state and miscellaneous funding such as the New York Truck Voucher 10 Incentive Program and the Volkswagen Clean Air Act Civil Settlement. 11 Additionally, the legislature recognizes that current zero-emission 12 bus technology is still developing, particularly with respect to travel 13 range, cold weather performance, and bus availability. Technological 14 advances will continue accelerating leading up to and during the covered 15 period for zero-emission bus fleet conversion. Finally, one of the 16 greatest harms to local communities are localized emissions which have 17 an acutely negative impact, particularly to disadvantaged communities as 18 defined in the Climate Leadership and Community Protection Act. There- 19 fore a coordinated statewide effort to purchase, manufacture, and 20 utilize zero-emission buses and paratransit vehicles will help facili- 21 tate technological advancement, reduce overall costs, and help reduce 22 harm to our local communities. 23 § 2. The transportation law is amended by adding a new section 17-c to 24 read as follows: 25 § 17-c. Zero-emission buses. 1. No later than January first, two thou- 26 sand twenty-nine, every public transportation system eligible to receive 27 operating assistance under the provisions of section eighteen-b of this 28 article shall be required to purchase only zero-emission buses and 29 related equipment and facilities as part of the normal replacement of 30 its fleet. No later than January first, two thousand thirty-five, any 31 hydrogen fuel cell zero-emission bus shall be powered by hydrogen 32 derived from zero-emission electricity. 33 2. For purposes of this section "zero-emission bus" shall mean a motor 34 vehicle that has a seating capacity of fifteen or more passengers in 35 addition to the driver and used for the transportation of persons; is 36 propelled by an electric motor and associated power electronics which 37 provide acceleration torque to the drive wheels during normal vehicle 38 operation and draws electricity from a hydrogen fuel cell or from a 39 battery which is capable of being recharged from an external source of 40 electricity; or otherwise operates without direct emission of atmospher- 41 ic pollutants. Provided, however, that for purposes of this section, 42 zero-emission buses shall include paratransit vehicles specifically 43 designated by public transportation systems to serve the needs of 44 persons who cannot use fixed route transit buses, subways or rapid tran- 45 sit. 46 3. (a) Notwithstanding any provision of law to the contrary, all 47 rights or benefits, including terms and conditions of employment, and 48 protection of civil service and collective bargaining status of all 49 existing employees of authorized entities shall be preserved and 50 protected. Nothing in this section shall result in the: (i) displacement 51 of any currently employed worker or loss of position (including 52 partial displacement such as a reduction in the hours of non-overtime 53 work, wages, or employment benefits) or result in the impairment of 54 existing collective bargaining agreements; (ii) transfer of existing 55 duties and functions related to maintenance and operations currently 56 performed by existing employees of authorized entities to a contracting
S. 6089 3 1 entity; or (iii) transfer of future duties and functions ordinarily 2 performed by employees of authorized entities to a contracting entity. 3 (b) Upon the effective date of this section, the transit authority, 4 agency or municipality shall create and implement a workforce develop- 5 ment report that (i) forecasts the number of jobs provided by existing 6 omnibuses, rolling stock, vehicles or equipment that would be eliminated 7 or substantially changed after the purchase, as well as the number of 8 jobs expected to be created at the transit provider by the proposed 9 purchase over a six-year period from the date of the publication of the 10 workforce development report, (ii) identifies gaps in skills needed to 11 operate and maintain the new zero-emission buses, rolling stock, vehi- 12 cles or related equipment, (iii) includes a comprehensive plan to tran- 13 sition, train, or retrain employees that are impacted by the proposed 14 purchase, and (iv) contains an estimated budget to transition, train, or 15 retrain employees that are impacted by the proposed purchase. 16 (c) Nothing contained herein shall be construed to affect (i) the 17 existing rights of employees pursuant to an existing collective bargain- 18 ing agreement, or (ii) the existing representational relationships among 19 employee organizations or the bargaining relationships between the 20 employer and an employee organization. Prior to beginning the procure- 21 ment process for new zero-emission buses, rolling stock, vehicles or 22 related equipment, the transit authority, agency or municipality shall 23 inform the respective collective bargaining agent of any potential jobs 24 that may be affected, altered, or eliminated as a result of the 25 purchase, and it shall be a mandatory subject for collective bargaining. 26 4. (a) (i) Within six months of the effective date of this section, 27 the department and the New York State Energy Research and Development 28 Authority ("NYSERDA"), shall convene a working group made up of transit 29 agencies, other relevant public agencies, the department, the New York 30 power authority, educational institutions, relevant community organiza- 31 tions, and other necessary parties, to create a zero-emission roadmap 32 for the state which shall identify the actions needed to meet the tran- 33 sition goals established in subdivision one of this section. The road- 34 map shall include, but not be limited to: 35 (1) financial and technical guidance related to the purchasing, retro- 36 fitting, operation, and maintenance of zero-emission buses; 37 (2) an identification and siting plan for charging and fueling infras- 38 tructure; 39 (3) an identification of the necessary investments in the electric 40 transmission and distribution grid; 41 (4) an identification of how to ensure related facility upgrades are 42 coordinated to maximize the cost effectiveness and overall system reli- 43 ability; 44 (5) the available federal, state, and local funding to purchase or 45 lease zero-emission buses or convert existing buses to zero-emissions; 46 (6) an identification of new incentives and programs to advance the 47 deployment and adoption of zero-emission buses; 48 (7) streamlining actions to facilitate the conversion of public trans- 49 portation systems and bus fleets; 50 (8) strategies consistent with the Climate Leadership and Community 51 Protection Act enacted by chapter one hundred six of the laws of two 52 thousand nineteen, that ensure the deployment of zero-emission buses are 53 prioritized in disadvantaged communities, as defined in subdivision 54 five of section 75-0101 of the environmental conservation law; 55 (9) in consultation with the environmental justice working group and 56 the climate action council, shall, to the extent practicable, invest or S. 6089 4 1 direct available and relevant programmatic resources in a manner 2 designed to achieve a goal for disadvantaged communities to receive 3 forty percent of overall benefits of spending consistent with section 4 75-0117 of the environmental conservation law; 5 (10) an estimation of the number of public operations and maintenance 6 jobs provided by existing omnibuses, rolling stock, vehicles or equip- 7 ment that would be eliminated or substantially changed by the transition 8 goals established in subdivision one of this section; 9 (11) identifies gaps in skills needed to operate and maintain the new 10 electric-powered omnibuses, rolling stock, vehicles or related equip- 11 ment; and 12 (12) development of a comprehensive plan to transition, train, or 13 retrain public transportation system employees impacted by the transi- 14 tion goals established in subdivision one of this section, including an 15 estimated budget for implementing this plan and the identification of 16 funding streams to fund this transition. 17 (ii) The department and NYSERDA shall convene a technical advisory 18 group made up of diverse stakeholders to provide the department and 19 NYSERDA with relevant technical, policy, and market expertise. The 20 department and NYSERDA shall further develop a stakeholder engagement 21 process to solicit feedback on the roadmap and raise consumer awareness 22 and education across the state. 23 (b) No later than one year after the convening of the working group 24 established by subparagraph (i) of paragraph (a) of this subdivision, 25 the department and NYSERDA shall report its findings and recommendations 26 to the governor, the temporary president of the senate, and the speaker 27 of the assembly. This report may be combined with the report required 28 under section eighteen hundred eighty-four of the public authorities 29 law. 30 (c) Following the submission of the report as required by paragraph 31 (b) of this subdivision, the department and NYSERDA shall solicit public 32 comment for thirty days in developing the roadmap, and are authorized to 33 hold public hearings and meetings in accordance with article seven of 34 the public officers law, and consult with any organization, educational 35 institution, or other government entity or person, to enable them to 36 accomplish their duties. 37 (d) No later than fifteen months after the convening of the working 38 group established by subparagraph (i) of paragraph (a) of this subdivi- 39 sion, DOT and NYSERDA shall publish a formalized roadmap along with all 40 necessary policies and procedures for implementation, to ensure public 41 transportation systems will be able to meet the transition goals estab- 42 lished in subdivision one of this section. DOT and NYSERDA shall publish 43 the roadmap, policies, and procedures, on either of their publicly 44 accessible websites, thirty days prior to the plans being finalized. 45 (e) No later than one year after the publication and implementation 46 of the roadmap established pursuant to paragraph (d) of this subdivi- 47 sion, public transportation systems eligible to receive operating 48 assistance under the provisions of section eighteen-b of this article, 49 must develop and implement their own transition plans, incorporating the 50 findings, policies, and procedures produced by the working group and 51 identifying possible barriers to implementing this transition, unless 52 granted an extension under subdivision five of this section. Public 53 transportation systems shall solicit public comment in developing tran- 54 sition plans, and are authorized to hold public hearings and meetings in 55 accordance with article seven of the public officers law, and consult 56 with any organization, educational institution, or other government
S. 6089 5 1 entity or person, to enable them to accomplish their duties. The depart- 2 ment shall publish transition plans on their publicly accessible website 3 within thirty days of the plans being finalized with the department. 4 Transition plans shall be updated every three years after the date they 5 are first published and updated plans shall be updated on the depart- 6 ment's website within thirty days of the updated plans being finalized. 7 (f) The working group shall provide technical assistance to public 8 transportation systems upon request, and shall provide assistance to 9 public transportation systems upon request for assistance in pursuing 10 state and federal grants and other funding opportunities. The working 11 group shall prioritize funding opportunity assistance to public trans- 12 portation systems implementing a zero-emissions purchase requirement 13 prior to January first, two thousand twenty-nine. The department shall 14 also facilitate the coordination of purchasing, installation and sharing 15 services between public transportation systems serving primarily outside 16 of cities with a population of one million or more. 17 5. (a) In order to obtain an extension of the attainment date beyond 18 the statutory date of January first, two thousand twenty-nine pursuant 19 to subdivision one of this section, the transportation system shall: 20 (i) apply for an extension and submit a complete application for such 21 extension attainment date by December thirty-first, two thousand twen- 22 ty-eight; and 23 (ii) demonstrate that the transition plan required pursuant to subdi- 24 vision four of this section contains all of the required components of a 25 transition plan and includes a request for extension of the attainment 26 date. 27 (b) The department shall determine if the transportation system quali- 28 fies for an attainment date extension based on: 29 (i) whether the transportation system conducted at least a request for 30 information, request for proposal, or combination of both for paratran- 31 sit vehicles within three years of two thousand twenty-nine, proven that 32 such zero-emission paratransit technology is not attainable by two thou- 33 sand twenty-nine, and the department has determined that a good faith 34 effort has been made by the transportation system; and 35 (ii) whether the transportation system: 36 (1) purchased or installed equipment within the last ten years for the 37 purpose of reducing emissions and where buses reliant on such infras- 38 tructure constitute a majority of the in-use fleet; or 39 (2) has already received funds for such equipment and such equipment 40 has not yet reached the end of its useful life or through the lifetime 41 of any existing federal funding obligations for such infrastructure, 42 whichever comes first; and where buses reliant on such infrastructure 43 constitute a majority of the in-use fleet; or 44 (3) is an intercity bus service or bus service intended to satisfy 45 longer distance travel demand between cities, villages and unincorporat- 46 ed urban places and proven that such zero-emission transition is not 47 attainable by two thousand twenty-nine due to technology or infrastruc- 48 ture and the department has determined that a good faith effort has been 49 made. 50 (c) In order to obtain an exemption from the attainment date require- 51 ment pursuant to subdivision one of this section, the transition plan 52 shall include: 53 (i) a timeline for attainment demonstration; 54 (ii) efforts to maximize zero-emission bus purchases and purchase only 55 zero-emission buses prior to two thousand thirty-five;
S. 6089 6 1 (iii) year-by-year targets for zero-emission bus procurements and 2 infrastructure installation; 3 (iv) contingency measure provisions; and 4 (v) a detailed justification for nonattainment of zero-emission equip- 5 ment review plan provisions. 6 (d) Based on the department's assessment of the transportation 7 system's transition plan and extension request, the department may deny 8 the extension if it determines that an adequate attempt was not made or 9 that technology and infrastructure is available for the transportation 10 system to transition to zero-emission buses. Any determination by the 11 department to deny or grant an extension request shall be subject to 12 public notification and comment. Any applications for attainment date 13 extensions shall be subject to the freedom of information law and 14 published on the department's public website. 15 (e) Transportation systems that qualify for an extension pursuant to 16 this subdivision shall procure only zero-emission buses starting January 17 first, two thousand thirty-five or sooner once the exemption no longer 18 applies. 19 § 3. The transportation law is amended by adding a new section 18-c to 20 read as follows: 21 § 18-c. Capital plan requirements. In formulating the five-year 22 department of transportation capital plans, the department shall: (a) 23 consider the requirement of section seventeen-c of this article in its 24 disbursement of payment for the costs of mass transportation capital 25 projects and facilities and give preference in the form of payments to 26 public transportation systems eligible to receive operating assistance 27 under the provisions of section eighteen-b of this article that are able 28 to demonstrate commitments made towards purchasing and retrofitting 29 zero-emission buses and related equipment and facilities; and (b) facil- 30 itate for purposes of meeting the requirement of section seventeen-c of 31 this article the coordination of purchasing, installation and sharing 32 services between public transportation systems serving primarily outside 33 the city of New York. 34 § 4. Section 2878-a of the public authorities law is amended by adding 35 a new subdivision 3 to read as follows: 36 3. (a) A transportation authority established under this chapter may, 37 by resolution approved by a two-thirds vote of its members then in 38 office, or by a declaration that competitive bidding is impractical or 39 inappropriate with respect to electric-powered omnibuses, rolling stock, 40 vehicles or other related equipment because the item is available 41 through an existing contract between a vendor and (i) another public 42 authority provided that such other authority utilized a process of 43 competitive bidding or a process of competitive requests for proposals 44 to award such contracts, or (ii) the state of New York, or (iii) a poli- 45 tical subdivision of the state of New York, provided that in any case 46 when under this subdivision the authority determines that obtaining such 47 item thereby would be in the public interest and sets forth the reasons 48 for such determination. The authority shall accept sole responsibility 49 for any payment due the vendor as a result of the authority's order. In 50 each case where the authority declares competitive bidding impractical 51 or inappropriate, it shall state the reason therefor in writing and 52 summarize any negotiations that have been conducted. The authority shall 53 not award any contract pursuant to this subdivision earlier than thirty 54 days from the date on which the authority declares that competitive 55 bidding is impractical or inappropriate. All procurements approved 56 pursuant to this subdivision shall be subject to audit and inspection by
S. 6089 7 1 the department of audit and control or any successor agencies. For 2 purposes of this subdivision, "transportation authority" shall not 3 include transportation authorities governed under titles nine, nine-A 4 and eleven of article five of this chapter or title three of article 5 three of this chapter. For the purposes of this subdivision, "electric- 6 powered omnibuses" shall include any bus owned, leased, rented or other- 7 wise controlled by the authority that otherwise meets the definition of 8 bus provided in section five hundred nine-a of the vehicle and traffic 9 law that is propelled by an electric motor and associated power elec- 10 tronics which provide acceleration torque to the drive wheels during 11 normal vehicle operation and draws electricity from a hydrogen fuel cell 12 or from a battery which is capable of being recharged from an external 13 source of electricity; or otherwise operates without direct emission of 14 atmospheric pollutants. 15 (b) (i) Notwithstanding any provision of law to the contrary, all 16 rights or benefits, including terms and conditions of employment, and 17 protection of civil service and collective bargaining status of all 18 existing employees of authorized entities shall be preserved and 19 protected. Nothing in this section shall result in the: (1) displacement 20 of any currently employed worker or loss of position, including partial 21 displacement such as a reduction in the hours of non-overtime work, 22 wages, or employment benefits, or result in the impairment of existing 23 collective bargaining agreements; (2) transfer of existing duties and 24 functions related to maintenance and operations currently performed by 25 existing employees of authorized entities to a contracting entity; or 26 (3) transfer of future duties and functions ordinarily performed by 27 employees of authorized entities to a contracting entity. 28 (ii) At least one year prior to the beginning of the procurement proc- 29 ess for new electric-powered omnibuses, rolling stock, vehicles or 30 related equipment, the authority shall create and implement a workforce 31 development report that (1) forecasts the number of jobs provided by 32 existing omnibuses, rolling stock, vehicles or equipment that would be 33 eliminated or substantially changed after the purchase, as well as the 34 number of jobs expected to be created at the authority by the proposed 35 purchase over a six-year period from the date of the publication of the 36 workforce development report, (2) identifies gaps in skills needed to 37 operate and maintain the new electric-powered omnibuses, rolling stock, 38 vehicles or related equipment, (3) includes a comprehensive plan to 39 transition, train, or retrain employees that are impacted by the 40 proposed purchase, and (4) contains an estimated budget to transition, 41 train, or retrain employees that are impacted by the proposed purchase. 42 (c) Nothing contained herein shall be construed to affect (i) the 43 existing rights of employees pursuant to an existing collective bargain- 44 ing agreement, or (ii) the existing representational relationships among 45 employee organizations or the bargaining relationships between the 46 employer and an employee organization. Prior to beginning the procure- 47 ment process for new electric-powered omnibuses, rolling stock, vehicles 48 or related equipment, the transit agency or municipality shall inform 49 the respective collective bargaining agent of any potential jobs that 50 may be affected, altered, or eliminated as a result of the purchase, and 51 it shall be a mandatory subject for collective bargaining. 52 § 5. Section 104 of the general municipal law is amended by adding a 53 new subdivision 3 to read as follows: 54 3. (a) Notwithstanding the provisions of section one hundred three of 55 this article or of any other general, special or local law, any chief 56 executive officer of a political subdivision or agency which operates a
S. 6089 8 1 public transportation system is authorized to make purchases of elec- 2 tric-powered omnibuses or other related equipment upon a resolution 3 approved by a two-thirds vote of its board then in office because the 4 item is available through an existing contract between a vendor and (i) 5 a public authority of the state provided that such other authority 6 utilized a process of competitive bidding or a process of competitive 7 requests for proposals to award such contracts, or (ii) the state of New 8 York, or (iii) a political subdivision of the state of New York, 9 provided that in any case when under this subdivision the political 10 subdivision determines that obtaining such item thereby would be in the 11 public interest and sets forth the reasons for such determination. The 12 political subdivision shall not award any contract pursuant to this 13 subdivision earlier than thirty days from the date on which the poli- 14 tical subdivision declares that competitive bidding is impractical or 15 inappropriate. All purchases shall be subject to audit and inspection by 16 the political subdivision for which made, in addition to the department 17 of audit and control of New York state. For purposes of this subdivi- 18 sion, "political subdivision or agency which operates a public transpor- 19 tation system" shall not include transportation authorities governed 20 under titles nine, nine-A and eleven of article five of the public 21 authorities law or title three of article three of the public authori- 22 ties law. For the purposes of this subdivision, "electric-powered omni- 23 buses" shall include any bus owned, leased, rented or otherwise 24 controlled by the political subdivision that otherwise meets the defi- 25 nition of bus provided in section five hundred nine-a of the vehicle and 26 traffic law that is propelled by an electric motor and associated power 27 electronics which provide acceleration torque to the drive wheels during 28 normal vehicle operation and draws electricity from a hydrogen fuel cell 29 or from a battery which is capable of being recharged from an external 30 source of electricity; or otherwise operates without direct emission of 31 atmospheric pollutants. 32 (b) (i) Notwithstanding any provision of law to the contrary, all 33 rights or benefits, including terms and conditions of employment, and 34 protection of civil service and collective bargaining status of all 35 existing employees of authorized entities shall be preserved and 36 protected. Nothing in this section shall result in the: (1) displacement 37 of any currently employed worker or loss of position, including 38 partial displacement such as a reduction in the hours of non-overtime 39 work, wages, or employment benefits, or result in the impairment of 40 existing collective bargaining agreements; (2) transfer of existing 41 duties and functions related to maintenance and operations currently 42 performed by existing employees of authorized entities to a contracting 43 entity; or (3) transfer of future duties and functions ordinarily 44 performed by employees of authorized entities to a contracting entity. 45 (ii) At least one year prior to the beginning of the procurement proc- 46 ess for new electric-powered omnibuses, rolling stock, vehicles or 47 related equipment, the transit agency or municipality shall create and 48 implement a workforce development report that (1) forecasts the number 49 of jobs provided by existing omnibuses, rolling stock, vehicles or 50 equipment that would be eliminated or substantially changed after the 51 purchase, as well as the number of jobs expected to be created at the 52 transit provider by the proposed purchase over a six-year period from 53 the date of the publication of the workforce development report, (2) 54 identifies gaps in skills needed to operate and maintain the new elec- 55 tric-powered omnibuses, rolling stock, vehicles or related equipment, 56 (3) includes a comprehensive plan to transition, train, or retrain
S. 6089 9 1 employees that are impacted by the proposed purchase, and (4) contains 2 an estimated budget to transition, train, or retrain employees that are 3 impacted by the proposed purchase. 4 (c) Nothing contained herein shall be construed to affect (i) the 5 existing rights of employees pursuant to an existing collective bargain- 6 ing agreement, or (ii) the existing representational relationships among 7 employee organizations or the bargaining relationships between the 8 employer and an employee organization. Prior to beginning the procure- 9 ment process for new electric-powered omnibuses, rolling stock, vehicles 10 or related equipment, the transit agency or municipality shall inform 11 the respective collective bargaining agent of any potential jobs that 12 may be affected, altered, or eliminated as a result of the purchase, and 13 it shall be a mandatory subject for collective bargaining. 14 § 6. Section 104 of the general municipal law, as amended by section 15 27 of part L of chapter 55 of the laws of 2012, is amended to read as 16 follows: 17 § 104. Purchase through office of general services. 1. Notwithstanding 18 the provisions of section one hundred three of this article or of any 19 other general, special or local law, any officer, board or agency of a 20 political subdivision, of a district therein, of a fire company or of a 21 voluntary ambulance service is authorized to make purchases of commod- 22 ities and services available pursuant to section one hundred sixty-three 23 of the state finance law, may make such purchases through the office of 24 general services subject to such rules as may be established from time 25 to time pursuant to section one hundred sixty-three of the state finance 26 law or through the general services administration pursuant to section 27 1555 of the federal acquisition streamlining act of 1994, P.L. 103-355; 28 provided that any such purchase shall exceed five hundred dollars and 29 that the political subdivision, district, fire company or voluntary 30 ambulance service for which such officer, board or agency acts shall 31 accept sole responsibility for any payment due the vendor. All purchases 32 shall be subject to audit and inspection by the political subdivision, 33 district, fire company or voluntary ambulance service for which made. No 34 officer, board or agency of a political subdivision, or a district ther- 35 ein, of a fire company or of a voluntary ambulance service shall make 36 any purchase through such office when bids have been received for such 37 purchase by such officer, board or agency, unless such purchase may be 38 made upon the same terms, conditions and specifications at a lower price 39 through such office. Two or more fire companies or voluntary ambulance 40 services may join in making purchases pursuant to this section, and for 41 the purposes of this section such groups shall be deemed "fire companies 42 or voluntary ambulance services." 43 2. (a) Notwithstanding the provisions of section one hundred three of 44 this article or of any other general, special or local law, any chief 45 executive officer of a political subdivision or agency which operates a 46 public transportation system is authorized to make purchases of elec- 47 tric-powered omnibuses or other related equipment upon a resolution 48 approved by a two-thirds vote of its board then in office because the 49 item is available through an existing contract between a vendor and (a) 50 a public authority of the state provided that such other authority 51 utilized a process of competitive bidding or a process of competitive 52 requests for proposals to award such contracts, or (b) the state of New 53 York, or (c) a political subdivision of the state of New York, provided 54 that in any case when under this subdivision the political subdivision 55 determines that obtaining such item thereby would be in the public 56 interest and sets forth the reasons for such determination. The poli-
S. 6089 10 1 tical subdivision shall not award any contract pursuant to this subdivi- 2 sion earlier than thirty days from the date on which the political 3 subdivision declares that competitive bidding is impractical or inappro- 4 priate. All purchases shall be subject to audit and inspection by the 5 political subdivision for which made, in addition to the department of 6 audit and control of New York state. For purposes of this subdivision, 7 "political subdivision or agency which operates a public transportation 8 system" shall not include transportation authorities governed under 9 titles nine, nine-A and eleven of article five of the public authorities 10 law or title three of article three of the public authorities law. For 11 the purposes of this subdivision, "electric-powered omnibuses" shall 12 include any bus owned, leased, rented or otherwise controlled by the 13 political subdivision that otherwise meets the definition of bus 14 provided in section five hundred nine-a of the vehicle and traffic law 15 that is propelled by an electric motor and associated power electronics 16 which provide acceleration torque to the drive wheels during normal 17 vehicle operation and draws electricity from a hydrogen fuel cell or 18 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 27 partial displacement such as a reduction in the hours of non-overtime 28 work, wages, or employment benefits, or result in the impairment of 29 existing collective bargaining agreements; (2) transfer of existing 30 duties and functions related to maintenance and operations currently 31 performed by existing employees of authorized entities to a contracting 32 entity; or (3) transfer of future duties and functions ordinarily 33 performed by 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 transit agency or municipality shall create and 37 implement a workforce development report that (1) forecasts the number 38 of jobs provided by existing omnibuses, rolling stock, vehicles or 39 equipment that would be eliminated or substantially changed after the 40 purchase, as well as the number of jobs expected to be created at the 41 transit provider by the proposed purchase over a six-year period from 42 the date of the publication of the workforce development report, (2) 43 identifies gaps in skills needed to operate and maintain the new elec- 44 tric-powered omnibuses, rolling stock, vehicles or related equipment, 45 (3) includes a comprehensive plan to transition, train, or retrain 46 employees that are impacted by the proposed purchase, and (4) contains 47 an estimated budget to transition, train, or retrain employees that are 48 impacted by the proposed purchase. 49 (c) Nothing contained herein shall be construed to affect (i) the 50 existing rights of employees pursuant to an existing collective bargain- 51 ing agreement, or (ii) the existing representational relationships among 52 employee organizations or the bargaining relationships between the 53 employer and an employee organization. Prior to beginning the procure- 54 ment process for new electric-powered omnibuses, rolling stock, vehicles 55 or related equipment, the transit agency or municipality shall inform 56 the respective collective bargaining agent of any potential jobs that
S. 6089 11 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 § 7. The transportation law is amended by adding a new section 18-d to 4 read as follows: 5 § 18-d. Zero-emission bus procurement contract proposals. 1. For the 6 purposes of this section, the following terms shall have the following 7 meanings: 8 (a) "Displaced worker" means any employee whose most recent separation 9 from active service was due to lack of business, a reduction in force, 10 or other economic, nondisciplinary reason related to the transition from 11 the fossil-fuel reliant buses to zero-emission buses. 12 (b) "Individual facing barriers to employment" means either of the 13 following: 14 (i) An individual facing barriers to employment as defined by the 15 commissioner or, otherwise 16 (ii) An individual from a demographic group that represents less than 17 thirty percent of their relevant industry workforce according to the 18 United States Bureau of Labor Statistics. 19 (c) "Non-temporary job" means a job other than those classified as 20 "temporary" as defined in article eleven of the general business law. 21 2. (a) Beginning January first, two thousand twenty-five, every public 22 transportation system eligible to receive operating assistance pursuant 23 to section eighteen-b of this article shall award contracts for zero-em- 24 ission buses and related equipment using a competitive best-value 25 procurement process; and shall require bidders to submit a United States 26 Jobs Plan as part of their solicitation responses. 27 (b) The United States Jobs Plan shall include the following informa- 28 tion: 29 (i) The number of full-time non-temporary jobs proposed to be retained 30 and created, including an accounting of the positions classified as 31 employees, as defined in section seven hundred forty of the labor law, 32 and positions classified as independent contractors; 33 (ii) The number of jobs specifically reserved for individuals facing 34 barriers to employment and the number reserved for displaced workers and 35 workers from disadvantaged communities; 36 (iii) The minimum wage levels by job classification for non-superviso- 37 ry workers; 38 (iv) Proposed amounts to be paid for fringe benefits by job classi- 39 fication and the proposed amounts for worker training by job classifica- 40 tion; 41 (v) In the event that a federal authority specifically authorizes use 42 of a geographic preference or when state or local funds are used to fund 43 a contract, proposed local jobs created in the state or within an exist- 44 ing facility in the state that are related to the manufacturing of zero- 45 emission buses and related equipment; and 46 (vi) Information on what steps have been taken and will be taken to 47 implement the workforce development report with respect to training and 48 retraining of existing maintenance, drivers and other identified 49 purchasing agency employees. 50 3. The requests for proposals established by subdivision two of this 51 section shall include notice to bidders stating that: 52 (a) the content of United States Jobs Plans shall be incorporated as 53 material terms of the final contract; 54 (b) the content of United States Jobs Plans and reports required by 55 this section shall be subject to disclosure under the Freedom of Infor- 56 mation Law; and
S. 6089 12 1 (c) the final contract and compliance documents shall be made avail- 2 able to the public. 3 4. The department shall promulgate regulations to establish the forms, 4 procedures, and processes necessary for impacted transit agencies to 5 implement the requirements of this section. This shall include a stand- 6 ard and consistent method, such as a workbook or worksheet, to track the 7 quantifiable information required in paragraph (b) of subdivision two of 8 this section and procedures to annually assess contracting entities 9 compliance with the United States Jobs Plan. 10 5. Contracting entities shall be required to submit annual United 11 States Jobs Plan reports to contracting public agencies demonstrating 12 compliance with their United States Jobs Plan commitments. The terms of 13 the final contract as well as all compliance reporting shall be made 14 available to the public online, either via the contracting agency's 15 website or the department's website, at the election of the contracting 16 agency. 17 6. The provisions of this section shall not apply to: (a) A contract 18 awarded before January first, two thousand twenty-five; or 19 (b) A contract awarded based on a solicitation issued before January 20 first, two thousand twenty-five. 21 § 8. The public service law is amended by adding a new section 66-v to 22 read as follows: 23 § 66-v. Public transportation systems zero-emission electricity 24 infrastructure. Every electric corporation which provides electric 25 service to a public transportation system, as defined in section eigh- 26 teen-b of the transportation law, shall ensure that such corporation has 27 the requisite and appropriate infrastructure, capacity, facilities, and 28 transmission and distribution systems needed to supply power for the 29 electric charging of zero-emission buses of a public transportation 30 system at the locations designated for charging by such public transpor- 31 tation systems. Within one year of the publication of the roadmap 32 required under subdivision four of section seventeen-c of the transpor- 33 tation law, an electric corporation shall have adopted finalized plans 34 and agreements to construct, install or upgrade the infrastructure 35 necessary to support to the deployment and operation of zero-emission 36 buses by a public transportation system by providing the required elec- 37 tric service to the locations designated for charging buses by such 38 public transportation system. All costs associated with the mandates of 39 this section shall be borne by an electric corporation. The commission 40 shall not approve any increases in rates or charges for services of an 41 electric corporation which has not complied with this section by the 42 date set forth herein or pursuant to the roadmap under section seven- 43 teen-c of the transportation law. 44 § 9. Section 66-s of the public service law is amended by adding a new 45 subdivision 7 to read as follows: 46 7. The commission shall establish a separate tariff under this section 47 for public transportation systems as defined in section eighteen-b of 48 the transportation law for separately metered utilities for the purpose 49 of charging zero-emission buses as defined in section seventeen-c of 50 such law. The tariff shall provide a waiver of all secondary demand 51 charges for charging zero-emission buses between the hours of ten 52 o'clock p.m. and eight o'clock a.m., as well as low tension service for 53 winter and summer months. 54 § 10. Severability. The provisions of this act shall be severable, and 55 if the application of any clause, sentence, paragraph, subdivision, 56 section or part of this act to any person or circumstance shall be
S. 6089 13 1 adjudged by any court of competent jurisdiction to be invalid, such 2 judgment shall not necessarily affect, impair or invalidate the applica- 3 tion of any such clause, sentence, paragraph, subdivision, section or 4 part of this act or remainder thereof, as the case may be, to any other 5 person or circumstance, but shall be confined in its operation to the 6 clause, sentence, paragraph, subdivision, section or part thereof 7 directly involved in the controversy in which such judgment shall have 8 been rendered. 9 § 11. This act shall take effect immediately, provided, however, that 10 section seven of this act shall take effect on the ninetieth day after 11 it shall have become a law; provided, further, that the amendments to 12 section 104 of the general municipal law made by section five of this 13 act shall be subject to the expiration and reversion of such section 14 pursuant to section 9 of subpart A of part C of chapter 97 of the laws 15 of 2011, as amended, when upon such date the provisions of section six 16 of this act shall take effect. Effective immediately, the addition, 17 amendment and/or repeal of any rule or regulation necessary for the 18 implementation of this act on its effective date are authorized to be 19 made and completed on or before such effective date.