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; provides a tariff for charging of electric buses.
STATE OF NEW YORK
________________________________________________________________________
9515
IN SENATE
May 16, 2024
___________
Introduced by Sens. COONEY, ADDABBO, BAILEY, BRESLIN, BRISPORT, BROUK,
CHU, COMRIE, FERNANDEZ, GIANARIS, GONZALEZ, 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
16 of fossil fuels and which will diminish as the number of gas-powered
17 cars decreases.
18 It is the expectation of the legislature that there will be sufficient
19 funding to support a statewide conversion of public transit bus fleets
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10254-05-4
S. 9515 2
1 to zero-emission buses, including continued federal support such as what
2 has been provided in the Inflation Reduction Act, the Bipartisan Infras-
3 tructure Law, the Low or No Emission Vehicle Program, the Diesel Emis-
4 sions Reduction Act, and other federal funding programs, as well as
5 state and miscellaneous funding such as the New York Truck Voucher
6 Incentive Program and the Volkswagen Clean Air Act Civil Settlement.
7 Additionally, the legislature recognizes that current zero-emission
8 bus technology is still developing, particularly with respect to travel
9 range, cold weather performance, and bus availability. Technological
10 advances will continue accelerating leading up to and during the covered
11 period for zero-emission bus fleet conversion. Finally, one of the
12 greatest harms to local communities are localized emissions which have
13 an acutely negative impact, particularly to disadvantaged communities as
14 defined in the Climate Leadership and Community Protection Act. There-
15 fore a coordinated statewide effort to purchase, manufacture, and
16 utilize zero-emission buses and paratransit vehicles will help facili-
17 tate technological advancement, reduce overall costs, and help reduce
18 harm to our local communities.
19 § 2. The transportation law is amended by adding a new section 17-c to
20 read as follows:
21 § 17-c. Zero-emission buses. 1. No later than January first, two thou-
22 sand twenty-nine, every public transportation system eligible to receive
23 operating assistance under the provisions of section eighteen-b of this
24 article shall be required to purchase only zero-emission buses and
25 related equipment and facilities as part of the normal replacement of
26 its fleet. No later than January first, two thousand thirty-five, any
27 hydrogen fuel cell zero-emission bus shall be powered by hydrogen
28 derived from zero-emission electricity.
29 2. For purposes of this section "zero-emission bus" shall mean a motor
30 vehicle that has a seating capacity of fifteen or more passengers in
31 addition to the driver and used for the transportation of persons; is
32 propelled by an electric motor and associated power electronics which
33 provide acceleration torque to the drive wheels during normal vehicle
34 operation and draws electricity from a hydrogen fuel cell or from a
35 battery which is capable of being recharged from an external source of
36 electricity; or otherwise operates without direct emission of atmospher-
37 ic pollutants. Provided, however, that for purposes of this section,
38 zero-emission buses shall include paratransit vehicles specifically
39 designated by public transportation systems to serve the needs of
40 persons who cannot use fixed route transit buses, subways or rapid tran-
41 sit.
42 3. (a) Notwithstanding any provision of law to the contrary, all
43 rights or benefits, including terms and conditions of employment, and
44 protection of civil service and collective bargaining status of all
45 existing employees of authorized entities shall be preserved and
46 protected. Nothing in this section shall result in the: (i) displacement
47 of any currently employed worker or loss of position (including
48 partial displacement such as a reduction in the hours of non-overtime
49 work, wages, or employment benefits) or result in the impairment of
50 existing collective bargaining agreements; (ii) transfer of existing
51 duties and functions related to maintenance and operations currently
52 performed by existing employees of authorized entities to a contracting
53 entity; or (iii) transfer of future duties and functions ordinarily
54 performed by employees of authorized entities to a contracting entity.
55 (b) Upon the effective date of this section, the transit authority,
56 agency or municipality shall create and implement a workforce develop-
S. 9515 3
1 ment report that (i) forecasts the number of jobs provided by existing
2 omnibuses, rolling stock, vehicles or equipment that would be eliminated
3 or substantially changed after the purchase, as well as the number of
4 jobs expected to be created at the transit provider by the proposed
5 purchase over a six-year period from the date of the publication of the
6 workforce development report, (ii) identifies gaps in skills needed to
7 operate and maintain the new zero-emission buses, rolling stock, vehi-
8 cles or related equipment, (iii) includes a comprehensive plan to tran-
9 sition, train, or retrain employees that are impacted by the proposed
10 purchase, and (iv) contains an estimated budget to transition, train, or
11 retrain employees that are impacted by the proposed purchase.
12 (c) Nothing contained herein shall be construed to affect (i) the
13 existing rights of employees pursuant to an existing collective bargain-
14 ing agreement, or (ii) the existing representational relationships among
15 employee organizations or the bargaining relationships between the
16 employer and an employee organization. Prior to beginning the procure-
17 ment process for new zero-emission buses, rolling stock, vehicles or
18 related equipment, the transit authority, agency or municipality shall
19 inform the respective collective bargaining agent of any potential jobs
20 that may be affected, altered, or eliminated as a result of the
21 purchase, and it shall be a mandatory subject for collective bargaining.
22 4. (a) (i) Within six months of the effective date of this section,
23 the department and the New York State Energy Research and Development
24 Authority ("NYSERDA"), shall convene a working group made up of transit
25 agencies, other relevant public agencies, the department, the New York
26 power authority, educational institutions, relevant community organiza-
27 tions, and other necessary parties, to create a zero-emission roadmap
28 for the state which shall identify the actions needed to meet the tran-
29 sition goals established in subdivision one of this section. The road-
30 map shall include, but not be limited to:
31 (1) financial and technical guidance related to the purchasing, retro-
32 fitting, operation, and maintenance of zero-emission buses;
33 (2) an identification and siting plan for charging and fueling infras-
34 tructure;
35 (3) an identification of the necessary investments in the electric
36 transmission and distribution grid;
37 (4) an identification of how to ensure related facility upgrades are
38 coordinated to maximize the cost effectiveness and overall system reli-
39 ability;
40 (5) the available federal, state, and local funding to purchase or
41 lease zero-emission buses or convert existing buses to zero-emissions;
42 (6) an identification of new incentives and programs to advance the
43 deployment and adoption of zero-emission buses;
44 (7) streamlining actions to facilitate the conversion of public trans-
45 portation systems and bus fleets;
46 (8) strategies consistent with the Climate Leadership and Community
47 Protection Act enacted by chapter one hundred six of the laws of two
48 thousand nineteen, that ensure the deployment of zero-emission buses are
49 prioritized in disadvantaged communities, as defined in subdivision
50 five of section 75-0101 of the environmental conservation law;
51 (9) in consultation with the environmental justice working group and
52 the climate action council, shall, to the extent practicable, invest or
53 direct available and relevant programmatic resources in a manner
54 designed to achieve a goal for disadvantaged communities to receive
55 forty percent of overall benefits of spending consistent with section
56 75-0117 of the environmental conservation law;
S. 9515 4
1 (10) an estimation of the number of public operations and maintenance
2 jobs provided by existing omnibuses, rolling stock, vehicles or equip-
3 ment that would be eliminated or substantially changed by the transition
4 goals established in subdivision one of this section;
5 (11) identifies gaps in skills needed to operate and maintain the new
6 electric-powered omnibuses, rolling stock, vehicles or related equip-
7 ment; and
8 (12) development of a comprehensive plan to transition, train, or
9 retrain public transportation system employees impacted by the transi-
10 tion goals established in subdivision one of this section, including an
11 estimated budget for implementing this plan and the identification of
12 funding streams to fund this transition.
13 (ii) The department and NYSERDA shall convene a technical advisory
14 group made up of diverse stakeholders to provide the department and
15 NYSERDA with relevant technical, policy, and market expertise. The
16 department and NYSERDA shall further develop a stakeholder engagement
17 process to solicit feedback on the roadmap and raise consumer awareness
18 and education across the state.
19 (b) No later than one year after the convening of the working group
20 established by subparagraph (i) of paragraph (a) of this subdivision,
21 the department and NYSERDA shall report its findings and recommendations
22 to the governor, the temporary president of the senate, and the speaker
23 of the assembly. This report may be combined with the report required
24 under section eighteen hundred eighty-four of the public authorities
25 law.
26 (c) Following the submission of the report as required by paragraph
27 (b) of this subdivision, the department and NYSERDA shall solicit public
28 comment for thirty days in developing the roadmap, and are authorized to
29 hold public hearings and meetings in accordance with article seven of
30 the public officers law, and consult with any organization, educational
31 institution, or other government entity or person, to enable them to
32 accomplish their duties.
33 (d) No later than fifteen months after the convening of the working
34 group established by subparagraph (i) of paragraph (a) of this subdivi-
35 sion, DOT and NYSERDA shall publish a formalized roadmap along with all
36 necessary policies and procedures for implementation, to ensure public
37 transportation systems will be able to meet the transition goals estab-
38 lished in subdivision one of this section. DOT and NYSERDA shall publish
39 the roadmap, policies, and procedures, on either of their publicly
40 accessible websites, thirty days prior to the plans being finalized.
41 (e) No later than one year after the publication and implementation
42 of the roadmap established pursuant to paragraph (d) of this subdivi-
43 sion, public transportation systems eligible to receive operating
44 assistance under the provisions of section eighteen-b of this article,
45 must develop and implement their own transition plans, incorporating the
46 findings, policies, and procedures produced by the working group and
47 identifying possible barriers to implementing this transition, unless
48 granted an extension under subdivision five of this section. Public
49 transportation systems shall solicit public comment in developing tran-
50 sition plans, and are authorized to hold public hearings and meetings in
51 accordance with article seven of the public officers law, and consult
52 with any organization, educational institution, or other government
53 entity or person, to enable them to accomplish their duties. The depart-
54 ment shall publish transition plans on their publicly accessible website
55 within thirty days of the plans being finalized with the department.
56 Transition plans shall be updated every three years after the date they
S. 9515 5
1 are first published and updated plans shall be updated on the depart-
2 ment's website within thirty days of the updated plans being finalized.
3 (f) The working group shall provide technical assistance to public
4 transportation systems upon request, and shall provide assistance to
5 public transportation systems upon request for assistance in pursuing
6 state and federal grants and other funding opportunities. The working
7 group shall prioritize funding opportunity assistance to public trans-
8 portation systems implementing a zero-emissions purchase requirement
9 prior to January first, two thousand twenty-nine. The department shall
10 also facilitate the coordination of purchasing, installation and sharing
11 services between public transportation systems serving primarily outside
12 of cities with a population of one million or more.
13 5. (a) In order to obtain an extension of the attainment date beyond
14 the statutory date of January first, two thousand twenty-nine pursuant
15 to subdivision one of this section, the transportation system shall:
16 (i) apply for an extension and submit a complete application for such
17 extension attainment date by December thirty-first, two thousand twen-
18 ty-eight; and
19 (ii) demonstrate that the transition plan required pursuant to subdi-
20 vision four of this section contains all of the required components of a
21 transition plan and includes a request for extension of the attainment
22 date.
23 (b) The department shall determine if the transportation system quali-
24 fies for an attainment date extension based on:
25 (i) whether the transportation system conducted at least a request for
26 information, request for proposal, or combination of both for paratran-
27 sit vehicles within three years of two thousand twenty-nine, proven that
28 such zero-emission paratransit technology is not attainable by two thou-
29 sand twenty-nine, and the department has determined that a good faith
30 effort has been made by the transportation system; and
31 (ii) whether the transportation system:
32 (1) purchased or installed equipment within the last ten years for the
33 purpose of reducing emissions and where buses reliant on such infras-
34 tructure constitute a majority of the in-use fleet; or
35 (2) has already received funds for such equipment and such equipment
36 has not yet reached the end of its useful life or through the lifetime
37 of any existing federal funding obligations for such infrastructure,
38 whichever comes first; and where buses reliant on such infrastructure
39 constitute a majority of the in-use fleet; or
40 (3) is an intercity bus service or bus service intended to satisfy
41 longer distance travel demand between cities, villages and unincorporat-
42 ed urban places and proven that such zero-emission transition is not
43 attainable by two thousand twenty-nine due to technology or infrastruc-
44 ture and the department has determined that a good faith effort has been
45 made.
46 (c) In order to obtain an exemption from the attainment date require-
47 ment pursuant to subdivision one of this section, the transition plan
48 shall include:
49 (i) a timeline for attainment demonstration;
50 (ii) efforts to maximize zero-emission bus purchases and purchase only
51 zero-emission buses prior to two thousand thirty-five;
52 (iii) year-by-year targets for zero-emission bus procurements and
53 infrastructure installation;
54 (iv) contingency measure provisions; and
55 (v) a detailed justification for nonattainment of zero-emission equip-
56 ment review plan provisions.
S. 9515 6
1 (d) Based on the department's assessment of the transportation
2 system's transition plan and extension request, the department may deny
3 the extension if it determines that an adequate attempt was not made or
4 that technology and infrastructure is available for the transportation
5 system to transition to zero-emission buses. Any determination by the
6 department to deny or grant an extension request shall be subject to
7 public notification and comment. Any applications for attainment date
8 extensions shall be subject to the freedom of information law and
9 published on the department's public website.
10 (e) Transportation systems that qualify for an extension pursuant to
11 this subdivision shall procure only zero-emission buses starting January
12 first, two thousand thirty-five or sooner once the exemption no longer
13 applies.
14 § 3. The transportation law is amended by adding a new section 18-c to
15 read as follows:
16 § 18-c. Capital plan requirements. In formulating the five-year
17 department of transportation capital plans, the department shall: (a)
18 consider the requirement of section seventeen-c of this article in its
19 disbursement of payment for the costs of mass transportation capital
20 projects and facilities and give preference in the form of payments to
21 public transportation systems eligible to receive operating assistance
22 under the provisions of section eighteen-b of this article that are able
23 to demonstrate commitments made towards purchasing and retrofitting
24 zero-emission buses and related equipment and facilities; and (b) facil-
25 itate for purposes of meeting the requirement of section seventeen-c of
26 this article the coordination of purchasing, installation and sharing
27 services between public transportation systems serving primarily outside
28 the city of New York.
29 § 4. Section 2878-a of the public authorities law is amended by adding
30 a new subdivision 3 to read as follows:
31 3. (a) A transportation authority established under this chapter may,
32 by resolution approved by a two-thirds vote of its members then in
33 office, or by a declaration that competitive bidding is impractical or
34 inappropriate with respect to electric-powered omnibuses, rolling stock,
35 vehicles or other related equipment because the item is available
36 through an existing contract between a vendor and (i) another public
37 authority provided that such other authority utilized a process of
38 competitive bidding or a process of competitive requests for proposals
39 to award such contracts, or (ii) the state of New York, or (iii) a poli-
40 tical subdivision of the state of New York, provided that in any case
41 when under this subdivision the authority determines that obtaining such
42 item thereby would be in the public interest and sets forth the reasons
43 for such determination. The authority shall accept sole responsibility
44 for any payment due the vendor as a result of the authority's order. In
45 each case where the authority declares competitive bidding impractical
46 or inappropriate, it shall state the reason therefor in writing and
47 summarize any negotiations that have been conducted. The authority shall
48 not award any contract pursuant to this subdivision earlier than thirty
49 days from the date on which the authority declares that competitive
50 bidding is impractical or inappropriate. All procurements approved
51 pursuant to this subdivision shall be subject to audit and inspection by
52 the department of audit and control or any successor agencies. For
53 purposes of this subdivision, "transportation authority" shall not
54 include transportation authorities governed under titles nine, nine-A
55 and eleven of article five of this chapter or title three of article
56 three of this chapter. For the purposes of this subdivision, "electric-
S. 9515 7
1 powered omnibuses" shall include any bus owned, leased, rented or other-
2 wise controlled by the authority that otherwise meets the definition of
3 bus provided in section five hundred nine-a of the vehicle and traffic
4 law that is propelled by an electric motor and associated power elec-
5 tronics which provide acceleration torque to the drive wheels during
6 normal vehicle operation and draws electricity from a hydrogen fuel cell
7 or from a battery which is capable of being recharged from an external
8 source of electricity; or otherwise operates without direct emission of
9 atmospheric pollutants.
10 (b) (i) Notwithstanding any provision of law to the contrary, all
11 rights or benefits, including terms and conditions of employment, and
12 protection of civil service and collective bargaining status of all
13 existing employees of authorized entities shall be preserved and
14 protected. Nothing in this section shall result in the: (1) displacement
15 of any currently employed worker or loss of position, including partial
16 displacement such as a reduction in the hours of non-overtime work,
17 wages, or employment benefits, or result in the impairment of existing
18 collective bargaining agreements; (2) transfer of existing duties and
19 functions related to maintenance and operations currently performed by
20 existing employees of authorized entities to a contracting entity; or
21 (3) transfer of future duties and functions ordinarily performed by
22 employees of authorized entities to a contracting entity.
23 (ii) At least one year prior to the beginning of the procurement proc-
24 ess for new electric-powered omnibuses, rolling stock, vehicles or
25 related equipment, the authority shall create and implement a workforce
26 development report that (1) forecasts the number of jobs provided by
27 existing omnibuses, rolling stock, vehicles or equipment that would be
28 eliminated or substantially changed after the purchase, as well as the
29 number of jobs expected to be created at the authority by the proposed
30 purchase over a six-year period from the date of the publication of the
31 workforce development report, (2) identifies gaps in skills needed to
32 operate and maintain the new electric-powered omnibuses, rolling stock,
33 vehicles or related equipment, (3) includes a comprehensive plan to
34 transition, train, or retrain employees that are impacted by the
35 proposed purchase, and (4) contains an estimated budget to transition,
36 train, or retrain employees that are impacted by the proposed purchase.
37 (c) Nothing contained herein shall be construed to affect (i) the
38 existing rights of employees pursuant to an existing collective bargain-
39 ing agreement, or (ii) the existing representational relationships among
40 employee organizations or the bargaining relationships between the
41 employer and an employee organization. Prior to beginning the procure-
42 ment process for new electric-powered omnibuses, rolling stock, vehicles
43 or related equipment, the transit agency or municipality shall inform
44 the respective collective bargaining agent of any potential jobs that
45 may be affected, altered, or eliminated as a result of the purchase, and
46 it shall be a mandatory subject for collective bargaining.
47 § 5. Section 104 of the general municipal law is amended by adding a
48 new subdivision 3 to read as follows:
49 3. (a) Notwithstanding the provisions of section one hundred three of
50 this article or of any other general, special or local law, any chief
51 executive officer of a political subdivision or agency which operates a
52 public transportation system is authorized to make purchases of elec-
53 tric-powered omnibuses or other related equipment upon a resolution
54 approved by a two-thirds vote of its board then in office because the
55 item is available through an existing contract between a vendor and (i)
56 a public authority of the state provided that such other authority
S. 9515 8
1 utilized a process of competitive bidding or a process of competitive
2 requests for proposals to award such contracts, or (ii) the state of New
3 York, or (iii) a political subdivision of the state of New York,
4 provided that in any case when under this subdivision the political
5 subdivision determines that obtaining such item thereby would be in the
6 public interest and sets forth the reasons for such determination. The
7 political subdivision shall not award any contract pursuant to this
8 subdivision earlier than thirty days from the date on which the poli-
9 tical subdivision declares that competitive bidding is impractical or
10 inappropriate. All purchases shall be subject to audit and inspection by
11 the political subdivision for which made, in addition to the department
12 of audit and control of New York state. For purposes of this subdivi-
13 sion, "political subdivision or agency which operates a public transpor-
14 tation system" shall not include transportation authorities governed
15 under titles nine, nine-A and eleven of article five of the public
16 authorities law or title three of article three of the public authori-
17 ties law. For the purposes of this subdivision, "electric-powered omni-
18 buses" shall include any bus owned, leased, rented or otherwise
19 controlled by the political subdivision that otherwise meets the defi-
20 nition of bus provided in section five hundred nine-a of the vehicle and
21 traffic law that is propelled by an electric motor and associated power
22 electronics which provide acceleration torque to the drive wheels during
23 normal vehicle operation and draws electricity from a hydrogen fuel cell
24 or from a battery which is capable of being recharged from an external
25 source of electricity; or otherwise operates without direct emission of
26 atmospheric pollutants.
27 (b) (i) Notwithstanding any provision of law to the contrary, all
28 rights or benefits, including terms and conditions of employment, and
29 protection of civil service and collective bargaining status of all
30 existing employees of authorized entities shall be preserved and
31 protected. Nothing in this section shall result in the: (1) displacement
32 of any currently employed worker or loss of position, including
33 partial displacement such as a reduction in the hours of non-overtime
34 work, wages, or employment benefits, or result in the impairment of
35 existing collective bargaining agreements; (2) transfer of existing
36 duties and functions related to maintenance and operations currently
37 performed by existing employees of authorized entities to a contracting
38 entity; or (3) transfer of future duties and functions ordinarily
39 performed by employees of authorized entities to a contracting entity.
40 (ii) At least one year prior to the beginning of the procurement proc-
41 ess for new electric-powered omnibuses, rolling stock, vehicles or
42 related equipment, the transit agency or municipality shall create and
43 implement a workforce development report that (1) forecasts the number
44 of jobs provided by existing omnibuses, rolling stock, vehicles or
45 equipment that would be eliminated or substantially changed after the
46 purchase, as well as the number of jobs expected to be created at the
47 transit provider by the proposed purchase over a six-year period from
48 the date of the publication of the workforce development report, (2)
49 identifies gaps in skills needed to operate and maintain the new elec-
50 tric-powered omnibuses, rolling stock, vehicles or related equipment,
51 (3) includes a comprehensive plan to transition, train, or retrain
52 employees that are impacted by the proposed purchase, and (4) contains
53 an estimated budget to transition, train, or retrain employees that are
54 impacted by the proposed purchase.
55 (c) Nothing contained herein shall be construed to affect (i) the
56 existing rights of employees pursuant to an existing collective bargain-
S. 9515 9
1 ing agreement, or (ii) the existing representational relationships among
2 employee organizations or the bargaining relationships between the
3 employer and an employee organization. Prior to beginning the procure-
4 ment process for new electric-powered omnibuses, rolling stock, vehicles
5 or related equipment, the transit agency or municipality shall inform
6 the respective collective bargaining agent of any potential jobs that
7 may be affected, altered, or eliminated as a result of the purchase, and
8 it shall be a mandatory subject for collective bargaining.
9 § 6. Section 104 of the general municipal law, as amended by section
10 27 of part L of chapter 55 of the laws of 2012, is amended to read as
11 follows:
12 § 104. Purchase through office of general services. 1. Notwithstanding
13 the provisions of section one hundred three of this article or of any
14 other general, special or local law, any officer, board or agency of a
15 political subdivision, of a district therein, of a fire company or of a
16 voluntary ambulance service is authorized to make purchases of commod-
17 ities and services available pursuant to section one hundred sixty-three
18 of the state finance law, may make such purchases through the office of
19 general services subject to such rules as may be established from time
20 to time pursuant to section one hundred sixty-three of the state finance
21 law or through the general services administration pursuant to section
22 1555 of the federal acquisition streamlining act of 1994, P.L. 103-355;
23 provided that any such purchase shall exceed five hundred dollars and
24 that the political subdivision, district, fire company or voluntary
25 ambulance service for which such officer, board or agency acts shall
26 accept sole responsibility for any payment due the vendor. All purchases
27 shall be subject to audit and inspection by the political subdivision,
28 district, fire company or voluntary ambulance service for which made. No
29 officer, board or agency of a political subdivision, or a district ther-
30 ein, of a fire company or of a voluntary ambulance service shall make
31 any purchase through such office when bids have been received for such
32 purchase by such officer, board or agency, unless such purchase may be
33 made upon the same terms, conditions and specifications at a lower price
34 through such office. Two or more fire companies or voluntary ambulance
35 services may join in making purchases pursuant to this section, and for
36 the purposes of this section such groups shall be deemed "fire companies
37 or voluntary ambulance services."
38 2. (a) Notwithstanding the provisions of section one hundred three of
39 this article or of any other general, special or local law, any chief
40 executive officer of a political subdivision or agency which operates a
41 public transportation system is authorized to make purchases of elec-
42 tric-powered omnibuses or other related equipment upon a resolution
43 approved by a two-thirds vote of its board then in office because the
44 item is available through an existing contract between a vendor and (a)
45 a public authority of the state provided that such other authority
46 utilized a process of competitive bidding or a process of competitive
47 requests for proposals to award such contracts, or (b) the state of New
48 York, or (c) a political subdivision of the state of New York, provided
49 that in any case when under this subdivision the political subdivision
50 determines that obtaining such item thereby would be in the public
51 interest and sets forth the reasons for such determination. The poli-
52 tical subdivision shall not award any contract pursuant to this subdivi-
53 sion earlier than thirty days from the date on which the political
54 subdivision declares that competitive bidding is impractical or inappro-
55 priate. All purchases shall be subject to audit and inspection by the
56 political subdivision for which made, in addition to the department of
S. 9515 10
1 audit and control of New York state. For purposes of this subdivision,
2 "political subdivision or agency which operates a public transportation
3 system" shall not include transportation authorities governed under
4 titles nine, nine-A and eleven of article five of the public authorities
5 law or title three of article three of the public authorities law. For
6 the purposes of this subdivision, "electric-powered omnibuses" shall
7 include any bus owned, leased, rented or otherwise controlled by the
8 political subdivision that otherwise meets the definition of bus
9 provided in section five hundred nine-a of the vehicle and traffic law
10 that is propelled by an electric motor and associated power electronics
11 which provide acceleration torque to the drive wheels during normal
12 vehicle operation and draws electricity from a hydrogen fuel cell or
13 from a battery which is capable of being recharged from an external
14 source of electricity; or otherwise operates without direct emission of
15 atmospheric pollutants.
16 (b) (i) Notwithstanding any provision of law to the contrary, all
17 rights or benefits, including terms and conditions of employment, and
18 protection of civil service and collective bargaining status of all
19 existing employees of authorized entities shall be preserved and
20 protected. Nothing in this section shall result in the: (1) displacement
21 of any currently employed worker or loss of position, including
22 partial displacement such as a reduction in the hours of non-overtime
23 work, wages, or employment benefits, or result in the impairment of
24 existing collective bargaining agreements; (2) transfer of existing
25 duties and functions related to maintenance and operations currently
26 performed by existing employees of authorized entities to a contracting
27 entity; or (3) transfer of future duties and functions ordinarily
28 performed by employees of authorized entities to a contracting entity.
29 (ii) At least one year prior to the beginning of the procurement proc-
30 ess for new electric-powered omnibuses, rolling stock, vehicles or
31 related equipment, the transit agency or municipality shall create and
32 implement a workforce development report that (1) forecasts the number
33 of jobs provided by existing omnibuses, rolling stock, vehicles or
34 equipment that would be eliminated or substantially changed after the
35 purchase, as well as the number of jobs expected to be created at the
36 transit provider by the proposed purchase over a six-year period from
37 the date of the publication of the workforce development report, (2)
38 identifies gaps in skills needed to operate and maintain the new elec-
39 tric-powered omnibuses, rolling stock, vehicles or related equipment,
40 (3) includes a comprehensive plan to transition, train, or retrain
41 employees that are impacted by the proposed purchase, and (4) contains
42 an estimated budget to transition, train, or retrain employees that are
43 impacted by the proposed purchase.
44 (c) Nothing contained herein shall be construed to affect (i) the
45 existing rights of employees pursuant to an existing collective bargain-
46 ing agreement, or (ii) the existing representational relationships among
47 employee organizations or the bargaining relationships between the
48 employer and an employee organization. Prior to beginning the procure-
49 ment process for new electric-powered omnibuses, rolling stock, vehicles
50 or related equipment, the transit agency or municipality shall inform
51 the respective collective bargaining agent of any potential jobs that
52 may be affected, altered, or eliminated as a result of the purchase, and
53 it shall be a mandatory subject for collective bargaining.
54 § 7. The transportation law is amended by adding a new section 18-d to
55 read as follows:
S. 9515 11
1 § 18-d. Zero-emission bus procurement contract proposals. 1. For the
2 purposes of this section, the following terms shall have the following
3 meanings:
4 (a) "Displaced worker" means any employee whose most recent separation
5 from active service was due to lack of business, a reduction in force,
6 or other economic, nondisciplinary reason related to the transition from
7 the fossil-fuel reliant buses to zero-emission buses.
8 (b) "Individual facing barriers to employment" means either of the
9 following:
10 (i) An individual facing barriers to employment as defined by the
11 commissioner or, otherwise
12 (ii) An individual from a demographic group that represents less than
13 thirty percent of their relevant industry workforce according to the
14 United States Bureau of Labor Statistics.
15 (c) "Non-temporary job" means a job other than those classified as
16 "temporary" as defined in article eleven of the general business law.
17 2. (a) Beginning January first, two thousand twenty-five, every public
18 transportation system eligible to receive operating assistance pursuant
19 to section eighteen-b of this article shall award contracts for zero-em-
20 ission buses and related equipment using a competitive best-value
21 procurement process; and shall require bidders to submit a United States
22 Jobs Plan as part of their solicitation responses.
23 (b) The United States Jobs Plan shall include the following informa-
24 tion:
25 (i) The number of full-time non-temporary jobs proposed to be retained
26 and created, including an accounting of the positions classified as
27 employees, as defined in section seven hundred forty of the labor law,
28 and positions classified as independent contractors;
29 (ii) The number of jobs specifically reserved for individuals facing
30 barriers to employment and the number reserved for displaced workers and
31 workers from disadvantaged communities;
32 (iii) The minimum wage levels by job classification for non-superviso-
33 ry workers;
34 (iv) Proposed amounts to be paid for fringe benefits by job classi-
35 fication and the proposed amounts for worker training by job classifica-
36 tion;
37 (v) In the event that a federal authority specifically authorizes use
38 of a geographic preference or when state or local funds are used to fund
39 a contract, proposed local jobs created in the state or within an exist-
40 ing facility in the state that are related to the manufacturing of zero-
41 emission buses and related equipment; and
42 (vi) Information on what steps have been taken and will be taken to
43 implement the workforce development report with respect to training and
44 retraining of existing maintenance, drivers and other identified
45 purchasing agency employees.
46 3. The requests for proposals established by subdivision two of this
47 section shall include notice to bidders stating that:
48 (a) the content of United States Jobs Plans shall be incorporated as
49 material terms of the final contract;
50 (b) the content of United States Jobs Plans and reports required by
51 this section shall be subject to disclosure under the Freedom of Infor-
52 mation Law; and
53 (c) the final contract and compliance documents shall be made avail-
54 able to the public.
55 4. The department shall promulgate regulations to establish the forms,
56 procedures, and processes necessary for impacted transit agencies to
S. 9515 12
1 implement the requirements of this section. This shall include a stand-
2 ard and consistent method, such as a workbook or worksheet, to track the
3 quantifiable information required in paragraph (b) of subdivision two of
4 this section and procedures to annually assess contracting entities
5 compliance with the United States Jobs Plan.
6 5. Contracting entities shall be required to submit annual United
7 States Jobs Plan reports to contracting public agencies demonstrating
8 compliance with their United States Jobs Plan commitments. The terms of
9 the final contract as well as all compliance reporting shall be made
10 available to the public online, either via the contracting agency's
11 website or the department's website, at the election of the contracting
12 agency.
13 6. The provisions of this section shall not apply to: (a) A contract
14 awarded before January first, two thousand twenty-five; or
15 (b) A contract awarded based on a solicitation issued before January
16 first, two thousand twenty-five.
17 § 8. The public service law is amended by adding a new section 66-x to
18 read as follows:
19 § 66-x. Public transportation systems zero-emission electricity
20 infrastructure. Every electric corporation which provides electric
21 service to a public transportation system, as defined in section eigh-
22 teen-b of the transportation law, shall ensure that such corporation has
23 the requisite and appropriate infrastructure, capacity, facilities, and
24 transmission and distribution systems needed to supply power for the
25 electric charging of zero-emission buses of a public transportation
26 system at the locations designated for charging by such public transpor-
27 tation systems. Within one year of the publication of the roadmap
28 required under subdivision four of section seventeen-c of the transpor-
29 tation law, an electric corporation shall have adopted finalized plans
30 and agreements to construct, install or upgrade the infrastructure
31 necessary to support to the deployment and operation of zero-emission
32 buses by a public transportation system by providing the required elec-
33 tric service to the locations designated for charging buses by such
34 public transportation system. All costs associated with the mandates of
35 this section shall be borne by an electric corporation. The commission
36 shall not approve any increases in rates or charges for services of an
37 electric corporation which has not complied with this section by the
38 date set forth herein or pursuant to the roadmap under section seven-
39 teen-c of the transportation law.
40 § 9. Section 66-s of the public service law is amended by adding a new
41 subdivision 7 to read as follows:
42 7. The commission shall establish a separate tariff under this section
43 for public transportation systems as defined in section eighteen-b of
44 the transportation law for separately metered utilities for the purpose
45 of charging zero-emission buses as defined in section seventeen-c of
46 such law. The tariff shall provide a waiver of all secondary demand
47 charges for charging zero-emission buses between the hours of ten
48 o'clock p.m. and eight o'clock a.m., as well as low tension service for
49 winter and summer months.
50 § 10. Severability. The provisions of this act shall be severable, and
51 if the application of any clause, sentence, paragraph, subdivision,
52 section or part of this act to any person or circumstance shall be
53 adjudged by any court of competent jurisdiction to be invalid, such
54 judgment shall not necessarily affect, impair or invalidate the applica-
55 tion of any such clause, sentence, paragraph, subdivision, section or
56 part of this act or remainder thereof, as the case may be, to any other
S. 9515 13
1 person or circumstance, but shall be confined in its operation to the
2 clause, sentence, paragraph, subdivision, section or part thereof
3 directly involved in the controversy in which such judgment shall have
4 been rendered.
5 § 11. This act shall take effect immediately, provided, however, that
6 section seven of this act shall take effect on the ninetieth day after
7 it shall have become a law; provided, further, that the amendments to
8 section 104 of the general municipal law made by section five of this
9 act shall be subject to the expiration and reversion of such section
10 pursuant to section 9 of subpart A of part C of chapter 97 of the laws
11 of 2011, as amended, when upon such date the provisions of section six
12 of this act shall take effect. Effective immediately, the addition,
13 amendment and/or repeal of any rule or regulation necessary for the
14 implementation of this act on its effective date are authorized to be
15 made and completed on or before such effective date.