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.
STATE OF NEW YORK
________________________________________________________________________
4439
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. DINOWITZ, SAYEGH, GLICK, CRUZ, LAVINE,
R. CARROLL, COLTON, HYNDMAN, SIMON, EPSTEIN, ROSENTHAL, McMAHON,
PAULIN, REYES, SEAWRIGHT, OTIS, STECK, JACOBSON, GALLAGHER, GONZALEZ-
ROJAS, LUPARDO, JONES, LUNSFORD, ANDERSON, ROZIC, SANTABARBARA, STERN,
DAVILA, BARRETT, BURDICK, WOERNER, WALKER, PEOPLES-STOKES, CLARK,
STIRPE, HUNTER, GANDOLFO, DURSO, KELLES, WEPRIN, BRAUNSTEIN, RAJKUMAR,
SIMPSON, RA, RAMOS, FALL, MAMDANI, K. BROWN, FORREST, DILAN, KIM,
SEPTIMO, BICHOTTE HERMELYN, JACKSON, MEEKS, PHEFFER AMATO, MITAYNES,
WILLIAMS, HEVESI, RAGA, CUNNINGHAM, SHIMSKY, LEVENBERG, SIMONE, BRON-
SON -- read once and referred to the Committee on Governmental Oper-
ations
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07878-01-5
A. 4439 2
1 utility infrastructure and generation capacity, and other necessary
2 investments to ensure reliable delivery of zero-emission bus services.
3 Furthermore, the legislature recognizes that there are existing revenue
4 sources which currently fund public transit that rely on the consumption
5 of fossil fuels and which will diminish as the number of gas-powered
6 cars decreases.
7 It is the expectation of the legislature that there will be sufficient
8 funding to support a statewide conversion of public transit bus fleets
9 to zero-emission buses, including continued federal support such as what
10 has been provided in the Inflation Reduction Act, the Bipartisan Infras-
11 tructure Law, the Low or No Emission Vehicle Program, the Diesel Emis-
12 sions Reduction Act, and other federal funding programs, as well as
13 state and miscellaneous funding such as the New York Truck Voucher
14 Incentive Program and the Volkswagen Clean Air Act Civil Settlement.
15 Additionally, the legislature recognizes that current zero-emission
16 bus technology is still developing, particularly with respect to travel
17 range, cold weather performance, and bus availability. Technological
18 advances will continue accelerating leading up to and during the covered
19 period for zero-emission bus fleet conversion. Finally, one of the
20 greatest harms to local communities are localized emissions which have
21 an acutely negative impact, particularly to disadvantaged communities as
22 defined in the Climate Leadership and Community Protection Act. There-
23 fore a coordinated statewide effort to purchase, manufacture, and
24 utilize zero-emission buses and paratransit vehicles will help facili-
25 tate technological advancement, reduce overall costs, and help reduce
26 harm to our local communities.
27 § 2. The transportation law is amended by adding a new section 17-c to
28 read as follows:
29 § 17-c. Zero-emission buses. 1. No later than January first, two thou-
30 sand thirty-one, every public transportation system eligible to receive
31 operating assistance under the provisions of section eighteen-b of this
32 article shall be required to purchase only zero-emission buses and
33 related equipment and facilities as part of the normal replacement of
34 its fleet. No later than January first, two thousand thirty-seven, any
35 hydrogen fuel cell zero-emission bus shall be powered by hydrogen
36 derived from zero-emission electricity.
37 2. For purposes of this section "zero-emission bus" shall mean a motor
38 vehicle that has a seating capacity of fifteen or more passengers in
39 addition to the driver and used for the transportation of persons; is
40 propelled by an electric motor and associated power electronics which
41 provide acceleration torque to the drive wheels during normal vehicle
42 operation and draws electricity from a hydrogen fuel cell or from a
43 battery which is capable of being recharged from an external source of
44 electricity; or otherwise operates without direct emission of atmospher-
45 ic pollutants. Provided, however, that for purposes of this section,
46 zero-emission buses shall include paratransit vehicles specifically
47 designated by public transportation systems to serve the needs of
48 persons who cannot use fixed route transit buses, subways or rapid tran-
49 sit.
50 3. (a) Notwithstanding any provision of law to the contrary, all
51 rights or benefits, including terms and conditions of employment, and
52 protection of civil service and collective bargaining status of all
53 existing employees of authorized entities shall be preserved and
54 protected. Nothing in this section shall result in the: (i) displacement
55 of any currently employed worker or loss of position (including
56 partial displacement such as a reduction in the hours of non-overtime
A. 4439 3
1 work, wages, or employment benefits) or result in the impairment of
2 existing collective bargaining agreements; (ii) transfer of existing
3 duties and functions related to maintenance and operations currently
4 performed by existing employees of authorized entities to a contracting
5 entity; or (iii) transfer of future duties and functions ordinarily
6 performed by employees of authorized entities to a contracting entity.
7 (b) Upon the effective date of this section, the transit authority,
8 agency or municipality shall create and implement a workforce develop-
9 ment report that (i) forecasts the number of jobs provided by existing
10 omnibuses, rolling stock, vehicles or equipment that would be eliminated
11 or substantially changed after the purchase, as well as the number of
12 jobs expected to be created at the transit provider by the proposed
13 purchase over a six-year period from the date of the publication of the
14 workforce development report, (ii) identifies gaps in skills needed to
15 operate and maintain the new zero-emission buses, rolling stock, vehi-
16 cles or related equipment, (iii) includes a comprehensive plan to tran-
17 sition, train, or retrain employees that are impacted by the proposed
18 purchase, and (iv) contains an estimated budget to transition, train, or
19 retrain employees that are impacted by the proposed purchase.
20 (c) Nothing contained herein shall be construed to affect (i) the
21 existing rights of employees pursuant to an existing collective bargain-
22 ing agreement, or (ii) the existing representational relationships among
23 employee organizations or the bargaining relationships between the
24 employer and an employee organization. Prior to beginning the procure-
25 ment process for new zero-emission buses, rolling stock, vehicles or
26 related equipment, the transit authority, agency or municipality shall
27 inform the respective collective bargaining agent of any potential jobs
28 that may be affected, altered, or eliminated as a result of the
29 purchase, and it shall be a mandatory subject for collective bargaining.
30 4. (a) (i) Within six months of the effective date of this section,
31 the department and the New York State Energy Research and Development
32 Authority ("NYSERDA"), shall convene a working group made up of transit
33 agencies, other relevant public agencies, the department, the New York
34 power authority, educational institutions, relevant community organiza-
35 tions, and other necessary parties, to create a zero-emission roadmap
36 for the state which shall identify the actions needed to meet the tran-
37 sition goals established in subdivision one of this section. The road-
38 map shall include, but not be limited to:
39 (1) financial and technical guidance related to the purchasing, retro-
40 fitting, operation, and maintenance of zero-emission buses;
41 (2) an identification and siting plan for charging and fueling infras-
42 tructure;
43 (3) an identification of the necessary investments in the electric
44 transmission and distribution grid;
45 (4) an identification of how to ensure related facility upgrades are
46 coordinated to maximize the cost effectiveness and overall system reli-
47 ability;
48 (5) the available federal, state, and local funding to purchase or
49 lease zero-emission buses or convert existing buses to zero-emissions;
50 (6) an identification of new incentives and programs to advance the
51 deployment and adoption of zero-emission buses;
52 (7) streamlining actions to facilitate the conversion of public trans-
53 portation systems and bus fleets;
54 (8) strategies consistent with the Climate Leadership and Community
55 Protection Act enacted by chapter one hundred six of the laws of two
56 thousand nineteen, that ensure the deployment of zero-emission buses are
A. 4439 4
1 prioritized in disadvantaged communities, as defined in subdivision
2 five of section 75-0101 of the environmental conservation law;
3 (9) in consultation with the environmental justice working group and
4 the climate action council, shall, to the extent practicable, invest or
5 direct available and relevant programmatic resources in a manner
6 designed to achieve a goal for disadvantaged communities to receive
7 forty percent of overall benefits of spending consistent with section
8 75-0117 of the environmental conservation law;
9 (10) an estimation of the number of public operations and maintenance
10 jobs provided by existing omnibuses, rolling stock, vehicles or equip-
11 ment that would be eliminated or substantially changed by the transition
12 goals established in subdivision one of this section;
13 (11) identifies gaps in skills needed to operate and maintain the new
14 electric-powered omnibuses, rolling stock, vehicles or related equip-
15 ment; and
16 (12) development of a comprehensive plan to transition, train, or
17 retrain public transportation system employees impacted by the transi-
18 tion goals established in subdivision one of this section, including an
19 estimated budget for implementing this plan and the identification of
20 funding streams to fund this transition.
21 (ii) The department and NYSERDA shall convene a technical advisory
22 group made up of diverse stakeholders to provide the department and
23 NYSERDA with relevant technical, policy, and market expertise. The
24 department and NYSERDA shall further develop a stakeholder engagement
25 process to solicit feedback on the roadmap and raise consumer awareness
26 and education across the state.
27 (b) No later than one year after the convening of the working group
28 established by subparagraph (i) of paragraph (a) of this subdivision,
29 the department and NYSERDA shall report its findings and recommendations
30 to the governor, the temporary president of the senate, and the speaker
31 of the assembly. This report may be combined with the report required
32 under section eighteen hundred eighty-four of the public authorities
33 law.
34 (c) Following the submission of the report as required by paragraph
35 (b) of this subdivision, the department and NYSERDA shall solicit public
36 comment for thirty days in developing the roadmap, and are authorized to
37 hold public hearings and meetings in accordance with article seven of
38 the public officers law, and consult with any organization, educational
39 institution, or other government entity or person, to enable them to
40 accomplish their duties.
41 (d) No later than fifteen months after the convening of the working
42 group established by subparagraph (i) of paragraph (a) of this subdivi-
43 sion, DOT and NYSERDA shall publish a formalized roadmap along with all
44 necessary policies and procedures for implementation, to ensure public
45 transportation systems will be able to meet the transition goals estab-
46 lished in subdivision one of this section. DOT and NYSERDA shall publish
47 the roadmap, policies, and procedures, on either of their publicly
48 accessible websites, thirty days prior to the plans being finalized.
49 (e) No later than one year after the publication and implementation
50 of the roadmap established pursuant to paragraph (d) of this subdivi-
51 sion, public transportation systems eligible to receive operating
52 assistance under the provisions of section eighteen-b of this article,
53 must develop and implement their own transition plans, incorporating the
54 findings, policies, and procedures produced by the working group and
55 identifying possible barriers to implementing this transition, unless
56 granted an extension under subdivision five of this section. Public
A. 4439 5
1 transportation systems shall solicit public comment in developing tran-
2 sition plans, and are authorized to hold public hearings and meetings in
3 accordance with article seven of the public officers law, and consult
4 with any organization, educational institution, or other government
5 entity or person, to enable them to accomplish their duties. The depart-
6 ment shall publish transition plans on their publicly accessible website
7 within thirty days of the plans being finalized with the department.
8 Transition plans shall be updated every three years after the date they
9 are first published and updated plans shall be updated on the depart-
10 ment's website within thirty days of the updated plans being finalized.
11 (f) The working group shall provide technical assistance to public
12 transportation systems upon request, and shall provide assistance to
13 public transportation systems upon request for assistance in pursuing
14 state and federal grants and other funding opportunities. The working
15 group shall prioritize funding opportunity assistance to public trans-
16 portation systems implementing a zero-emissions purchase requirement
17 prior to January first, two thousand thirty-one. The department shall
18 also facilitate the coordination of purchasing, installation and sharing
19 services between public transportation systems serving primarily outside
20 of cities with a population of one million or more.
21 5. (a) In order to obtain an extension of the attainment date beyond
22 the statutory date of January first, two thousand thirty-one pursuant
23 to subdivision one of this section, the transportation system shall:
24 (i) apply for an extension and submit a complete application for such
25 extension attainment date by December thirty-first, two thousand thir-
26 ty; and
27 (ii) demonstrate that the transition plan required pursuant to subdi-
28 vision four of this section contains all of the required components of a
29 transition plan and includes a request for extension of the attainment
30 date.
31 (b) The department shall determine if the transportation system quali-
32 fies for an attainment date extension based on:
33 (i) whether the transportation system conducted at least a request for
34 information, request for proposal, or combination of both for paratran-
35 sit vehicles within three years of two thousand thirty-one, proven that
36 such zero-emission paratransit technology is not attainable by two thou-
37 sand twenty-nine, and the department has determined that a good faith
38 effort has been made by the transportation system; and
39 (ii) whether the transportation system:
40 (1) purchased or installed equipment within the last ten years for the
41 purpose of reducing emissions and where buses reliant on such infras-
42 tructure constitute a majority of the in-use fleet; or
43 (2) has already received funds for such equipment and such equipment
44 has not yet reached the end of its useful life or through the lifetime
45 of any existing federal funding obligations for such infrastructure,
46 whichever comes first; and where buses reliant on such infrastructure
47 constitute a majority of the in-use fleet; or
48 (3) is an intercity bus service or bus service intended to satisfy
49 longer distance travel demand between cities, villages and unincorporat-
50 ed urban places and proven that such zero-emission transition is not
51 attainable by two thousand thirty-one due to technology or infrastruc-
52 ture and the department has determined that a good faith effort has been
53 made.
54 (c) In order to obtain an exemption from the attainment date require-
55 ment pursuant to subdivision one of this section, the transition plan
56 shall include:
A. 4439 6
1 (i) a timeline for attainment demonstration;
2 (ii) efforts to maximize zero-emission bus purchases and purchase only
3 zero-emission buses prior to two thousand thirty-seven;
4 (iii) year-by-year targets for zero-emission bus procurements and
5 infrastructure installation;
6 (iv) contingency measure provisions; and
7 (v) a detailed justification for nonattainment of zero-emission equip-
8 ment review plan provisions.
9 (d) Based on the department's assessment of the transportation
10 system's transition plan and extension request, the department may deny
11 the extension if it determines that an adequate attempt was not made or
12 that technology and infrastructure is available for the transportation
13 system to transition to zero-emission buses. Any determination by the
14 department to deny or grant an extension request shall be subject to
15 public notification and comment. Any applications for attainment date
16 extensions shall be subject to the freedom of information law and
17 published on the department's public website.
18 (e) Transportation systems that qualify for an extension pursuant to
19 this subdivision shall procure only zero-emission buses starting January
20 first, two thousand thirty-seven or sooner once the exemption no longer
21 applies.
22 § 3. The transportation law is amended by adding a new section 18-c to
23 read as follows:
24 § 18-c. Capital plan requirements. In formulating the five-year
25 department of transportation capital plans, the department shall: (a)
26 consider the requirement of section seventeen-c of this article in its
27 disbursement of payment for the costs of mass transportation capital
28 projects and facilities and give preference in the form of payments to
29 public transportation systems eligible to receive operating assistance
30 under the provisions of section eighteen-b of this article that are able
31 to demonstrate commitments made towards purchasing and retrofitting
32 zero-emission buses and related equipment and facilities; and (b) facil-
33 itate for purposes of meeting the requirement of section seventeen-c of
34 this article the coordination of purchasing, installation and sharing
35 services between public transportation systems serving primarily outside
36 the city of New York.
37 § 4. Section 2878-a of the public authorities law is amended by adding
38 a new subdivision 3 to read as follows:
39 3. (a) A transportation authority established under this chapter may,
40 by resolution approved by a two-thirds vote of its members then in
41 office, or by a declaration that competitive bidding is impractical or
42 inappropriate with respect to electric-powered omnibuses, rolling stock,
43 vehicles or other related equipment because the item is available
44 through an existing contract between a vendor and (i) another public
45 authority provided that such other authority utilized a process of
46 competitive bidding or a process of competitive requests for proposals
47 to award such contracts, or (ii) the state of New York, or (iii) a poli-
48 tical subdivision of the state of New York, provided that in any case
49 when under this subdivision the authority determines that obtaining such
50 item thereby would be in the public interest and sets forth the reasons
51 for such determination. The authority shall accept sole responsibility
52 for any payment due the vendor as a result of the authority's order. In
53 each case where the authority declares competitive bidding impractical
54 or inappropriate, it shall state the reason therefor in writing and
55 summarize any negotiations that have been conducted. The authority shall
56 not award any contract pursuant to this subdivision earlier than thirty
A. 4439 7
1 days from the date on which the authority declares that competitive
2 bidding is impractical or inappropriate. All procurements approved
3 pursuant to this subdivision shall be subject to audit and inspection by
4 the department of audit and control or any successor agencies. For
5 purposes of this subdivision, "transportation authority" shall not
6 include transportation authorities governed under titles nine, nine-A
7 and eleven of article five of this chapter or title three of article
8 three of this chapter. For the purposes of this subdivision, "electric-
9 powered omnibuses" shall include any bus owned, leased, rented or other-
10 wise controlled by the authority that otherwise meets the definition of
11 bus provided in section five hundred nine-a of the vehicle and traffic
12 law that is propelled by an electric motor and associated power elec-
13 tronics which provide acceleration torque to the drive wheels during
14 normal vehicle operation and draws electricity from a hydrogen fuel cell
15 or from a battery which is capable of being recharged from an external
16 source of electricity; or otherwise operates without direct emission of
17 atmospheric pollutants.
18 (b) (i) Notwithstanding any provision of law to the contrary, all
19 rights or benefits, including terms and conditions of employment, and
20 protection of civil service and collective bargaining status of all
21 existing employees of authorized entities shall be preserved and
22 protected. Nothing in this section shall result in the: (1) displacement
23 of any currently employed worker or loss of position, including partial
24 displacement such as a reduction in the hours of non-overtime work,
25 wages, or employment benefits, or result in the impairment of existing
26 collective bargaining agreements; (2) transfer of existing duties and
27 functions related to maintenance and operations currently performed by
28 existing employees of authorized entities to a contracting entity; or
29 (3) transfer of future duties and functions ordinarily performed by
30 employees of authorized entities to a contracting entity.
31 (ii) At least one year prior to the beginning of the procurement proc-
32 ess for new electric-powered omnibuses, rolling stock, vehicles or
33 related equipment, the authority shall create and implement a workforce
34 development report that (1) forecasts the number of jobs provided by
35 existing omnibuses, rolling stock, vehicles or equipment that would be
36 eliminated or substantially changed after the purchase, as well as the
37 number of jobs expected to be created at the authority by the proposed
38 purchase over a six-year period from the date of the publication of the
39 workforce development report, (2) identifies gaps in skills needed to
40 operate and maintain the new electric-powered omnibuses, rolling stock,
41 vehicles or related equipment, (3) includes a comprehensive plan to
42 transition, train, or retrain employees that are impacted by the
43 proposed purchase, and (4) contains an estimated budget to transition,
44 train, or retrain employees that are impacted by the proposed purchase.
45 (c) Nothing contained herein shall be construed to affect (i) the
46 existing rights of employees pursuant to an existing collective bargain-
47 ing agreement, or (ii) the existing representational relationships among
48 employee organizations or the bargaining relationships between the
49 employer and an employee organization. Prior to beginning the procure-
50 ment process for new electric-powered omnibuses, rolling stock, vehicles
51 or related equipment, the transit agency or municipality shall inform
52 the respective collective bargaining agent of any potential jobs that
53 may be affected, altered, or eliminated as a result of the purchase, and
54 it shall be a mandatory subject for collective bargaining.
55 § 5. Section 104 of the general municipal law is amended by adding a
56 new subdivision 3 to read as follows:
A. 4439 8
1 3. (a) Notwithstanding the provisions of section one hundred three of
2 this article or of any other general, special or local law, any chief
3 executive officer of a political subdivision or agency which operates a
4 public transportation system is authorized to make purchases of elec-
5 tric-powered omnibuses or other related equipment upon a resolution
6 approved by a two-thirds vote of its board then in office because the
7 item is available through an existing contract between a vendor and (i)
8 a public authority of the state provided that such other authority
9 utilized a process of competitive bidding or a process of competitive
10 requests for proposals to award such contracts, or (ii) the state of New
11 York, or (iii) a political subdivision of the state of New York,
12 provided that in any case when under this subdivision the political
13 subdivision determines that obtaining such item thereby would be in the
14 public interest and sets forth the reasons for such determination. The
15 political subdivision shall not award any contract pursuant to this
16 subdivision earlier than thirty days from the date on which the poli-
17 tical subdivision declares that competitive bidding is impractical or
18 inappropriate. All purchases shall be subject to audit and inspection by
19 the political subdivision for which made, in addition to the department
20 of audit and control of New York state. For purposes of this subdivi-
21 sion, "political subdivision or agency which operates a public transpor-
22 tation system" shall not include transportation authorities governed
23 under titles nine, nine-A and eleven of article five of the public
24 authorities law or title three of article three of the public authori-
25 ties law. For the purposes of this subdivision, "electric-powered omni-
26 buses" shall include any bus owned, leased, rented or otherwise
27 controlled by the political subdivision that otherwise meets the defi-
28 nition of bus provided in section five hundred nine-a of the vehicle and
29 traffic law that is propelled by an electric motor and associated power
30 electronics which provide acceleration torque to the drive wheels during
31 normal vehicle operation and draws electricity from a hydrogen fuel cell
32 or from a battery which is capable of being recharged from an external
33 source of electricity; or otherwise operates without direct emission of
34 atmospheric pollutants.
35 (b) (i) Notwithstanding any provision of law to the contrary, all
36 rights or benefits, including terms and conditions of employment, and
37 protection of civil service and collective bargaining status of all
38 existing employees of authorized entities shall be preserved and
39 protected. Nothing in this section shall result in the: (1) displacement
40 of any currently employed worker or loss of position, including
41 partial displacement such as a reduction in the hours of non-overtime
42 work, wages, or employment benefits, or result in the impairment of
43 existing collective bargaining agreements; (2) transfer of existing
44 duties and functions related to maintenance and operations currently
45 performed by existing employees of authorized entities to a contracting
46 entity; or (3) transfer of future duties and functions ordinarily
47 performed by employees of authorized entities to a contracting entity.
48 (ii) At least one year prior to the beginning of the procurement proc-
49 ess for new electric-powered omnibuses, rolling stock, vehicles or
50 related equipment, the transit agency or municipality shall create and
51 implement a workforce development report that (1) forecasts the number
52 of jobs provided by existing omnibuses, rolling stock, vehicles or
53 equipment that would be eliminated or substantially changed after the
54 purchase, as well as the number of jobs expected to be created at the
55 transit provider by the proposed purchase over a six-year period from
56 the date of the publication of the workforce development report, (2)
A. 4439 9
1 identifies gaps in skills needed to operate and maintain the new elec-
2 tric-powered omnibuses, rolling stock, vehicles or related equipment,
3 (3) includes a comprehensive plan to transition, train, or retrain
4 employees that are impacted by the proposed purchase, and (4) contains
5 an estimated budget to transition, train, or retrain employees that are
6 impacted by the proposed purchase.
7 (c) Nothing contained herein shall be construed to affect (i) the
8 existing rights of employees pursuant to an existing collective bargain-
9 ing agreement, or (ii) the existing representational relationships among
10 employee organizations or the bargaining relationships between the
11 employer and an employee organization. Prior to beginning the procure-
12 ment process for new electric-powered omnibuses, rolling stock, vehicles
13 or related equipment, the transit agency or municipality shall inform
14 the respective collective bargaining agent of any potential jobs that
15 may be affected, altered, or eliminated as a result of the purchase, and
16 it shall be a mandatory subject for collective bargaining.
17 § 6. Section 104 of the general municipal law, as amended by section
18 27 of part L of chapter 55 of the laws of 2012, is amended to read as
19 follows:
20 § 104. Purchase through office of general services. 1. Notwithstanding
21 the provisions of section one hundred three of this article or of any
22 other general, special or local law, any officer, board or agency of a
23 political subdivision, of a district therein, of a fire company or of a
24 voluntary ambulance service is authorized to make purchases of commod-
25 ities and services available pursuant to section one hundred sixty-three
26 of the state finance law, may make such purchases through the office of
27 general services subject to such rules as may be established from time
28 to time pursuant to section one hundred sixty-three of the state finance
29 law or through the general services administration pursuant to section
30 1555 of the federal acquisition streamlining act of 1994, P.L. 103-355;
31 provided that any such purchase shall exceed five hundred dollars and
32 that the political subdivision, district, fire company or voluntary
33 ambulance service for which such officer, board or agency acts shall
34 accept sole responsibility for any payment due the vendor. All purchases
35 shall be subject to audit and inspection by the political subdivision,
36 district, fire company or voluntary ambulance service for which made. No
37 officer, board or agency of a political subdivision, or a district ther-
38 ein, of a fire company or of a voluntary ambulance service shall make
39 any purchase through such office when bids have been received for such
40 purchase by such officer, board or agency, unless such purchase may be
41 made upon the same terms, conditions and specifications at a lower price
42 through such office. Two or more fire companies or voluntary ambulance
43 services may join in making purchases pursuant to this section, and for
44 the purposes of this section such groups shall be deemed "fire companies
45 or voluntary ambulance services."
46 2. (a) Notwithstanding the provisions of section one hundred three of
47 this article or of any other general, special or local law, any chief
48 executive officer of a political subdivision or agency which operates a
49 public transportation system is authorized to make purchases of elec-
50 tric-powered omnibuses or other related equipment upon a resolution
51 approved by a two-thirds vote of its board then in office because the
52 item is available through an existing contract between a vendor and (a)
53 a public authority of the state provided that such other authority
54 utilized a process of competitive bidding or a process of competitive
55 requests for proposals to award such contracts, or (b) the state of New
56 York, or (c) a political subdivision of the state of New York, provided
A. 4439 10
1 that in any case when under this subdivision the political subdivision
2 determines that obtaining such item thereby would be in the public
3 interest and sets forth the reasons for such determination. The poli-
4 tical subdivision shall not award any contract pursuant to this subdivi-
5 sion earlier than thirty days from the date on which the political
6 subdivision declares that competitive bidding is impractical or inappro-
7 priate. All purchases shall be subject to audit and inspection by the
8 political subdivision for which made, in addition to the department of
9 audit and control of New York state. For purposes of this subdivision,
10 "political subdivision or agency which operates a public transportation
11 system" shall not include transportation authorities governed under
12 titles nine, nine-A and eleven of article five of the public authorities
13 law or title three of article three of the public authorities law. For
14 the purposes of this subdivision, "electric-powered omnibuses" shall
15 include any bus owned, leased, rented or otherwise controlled by the
16 political subdivision that otherwise meets the definition of bus
17 provided in section five hundred nine-a of the vehicle and traffic law
18 that is propelled by an electric motor and associated power electronics
19 which provide acceleration torque to the drive wheels during normal
20 vehicle operation and draws electricity from a hydrogen fuel cell or
21 from a battery which is capable of being recharged from an external
22 source of electricity; or otherwise operates without direct emission of
23 atmospheric pollutants.
24 (b) (i) Notwithstanding any provision of law to the contrary, all
25 rights or benefits, including terms and conditions of employment, and
26 protection of civil service and collective bargaining status of all
27 existing employees of authorized entities shall be preserved and
28 protected. Nothing in this section shall result in the: (1) displacement
29 of any currently employed worker or loss of position, including
30 partial displacement such as a reduction in the hours of non-overtime
31 work, wages, or employment benefits, or result in the impairment of
32 existing collective bargaining agreements; (2) transfer of existing
33 duties and functions related to maintenance and operations currently
34 performed by existing employees of authorized entities to a contracting
35 entity; or (3) transfer of future duties and functions ordinarily
36 performed by employees of authorized entities to a contracting entity.
37 (ii) At least one year prior to the beginning of the procurement proc-
38 ess for new electric-powered omnibuses, rolling stock, vehicles or
39 related equipment, the transit agency or municipality shall create and
40 implement a workforce development report that (1) forecasts the number
41 of jobs provided by existing omnibuses, rolling stock, vehicles or
42 equipment that would be eliminated or substantially changed after the
43 purchase, as well as the number of jobs expected to be created at the
44 transit provider by the proposed purchase over a six-year period from
45 the date of the publication of the workforce development report, (2)
46 identifies gaps in skills needed to operate and maintain the new elec-
47 tric-powered omnibuses, rolling stock, vehicles or related equipment,
48 (3) includes a comprehensive plan to transition, train, or retrain
49 employees that are impacted by the proposed purchase, and (4) contains
50 an estimated budget to transition, train, or retrain employees that are
51 impacted by the proposed purchase.
52 (c) Nothing contained herein shall be construed to affect (i) the
53 existing rights of employees pursuant to an existing collective bargain-
54 ing agreement, or (ii) the existing representational relationships among
55 employee organizations or the bargaining relationships between the
56 employer and an employee organization. Prior to beginning the procure-
A. 4439 11
1 ment process for new electric-powered omnibuses, rolling stock, vehicles
2 or related equipment, the transit agency or municipality shall inform
3 the respective collective bargaining agent of any potential jobs that
4 may be affected, altered, or eliminated as a result of the purchase, and
5 it shall be a mandatory subject for collective bargaining.
6 § 7. The transportation law is amended by adding a new section 18-d to
7 read as follows:
8 § 18-d. Zero-emission bus procurement contract proposals. 1. For the
9 purposes of this section, the following terms shall have the following
10 meanings:
11 (a) "Displaced worker" means any employee whose most recent separation
12 from active service was due to lack of business, a reduction in force,
13 or other economic, nondisciplinary reason related to the transition from
14 the fossil-fuel reliant buses to zero-emission buses.
15 (b) "Individual facing barriers to employment" means either of the
16 following:
17 (i) An individual facing barriers to employment as defined by the
18 commissioner or, otherwise
19 (ii) An individual from a demographic group that represents less than
20 thirty percent of their relevant industry workforce according to the
21 United States Bureau of Labor Statistics.
22 (c) "Non-temporary job" means a job other than those classified as
23 "temporary" as defined in article eleven of the general business law.
24 2. (a) Beginning January first, two thousand twenty-seven, every
25 public transportation system eligible to receive operating assistance
26 pursuant to section eighteen-b of this article shall award contracts for
27 zero-emission buses and related equipment using a competitive best-va-
28 lue procurement process; and shall require bidders to submit a United
29 States Jobs Plan as part of their solicitation responses.
30 (b) The United States Jobs Plan shall include the following informa-
31 tion:
32 (i) The number of full-time non-temporary jobs proposed to be retained
33 and created, including an accounting of the positions classified as
34 employees, as defined in section seven hundred forty of the labor law,
35 and positions classified as independent contractors;
36 (ii) The number of jobs specifically reserved for individuals facing
37 barriers to employment and the number reserved for displaced workers and
38 workers from disadvantaged communities;
39 (iii) The minimum wage levels by job classification for non-superviso-
40 ry workers;
41 (iv) Proposed amounts to be paid for fringe benefits by job classi-
42 fication and the proposed amounts for worker training by job classifica-
43 tion;
44 (v) In the event that a federal authority specifically authorizes use
45 of a geographic preference or when state or local funds are used to fund
46 a contract, proposed local jobs created in the state or within an exist-
47 ing facility in the state that are related to the manufacturing of zero-
48 emission buses and related equipment; and
49 (vi) Information on what steps have been taken and will be taken to
50 implement the workforce development report with respect to training and
51 retraining of existing maintenance, drivers and other identified
52 purchasing agency employees.
53 3. The requests for proposals established by subdivision two of this
54 section shall include notice to bidders stating that:
55 (a) the content of United States Jobs Plans shall be incorporated as
56 material terms of the final contract;
A. 4439 12
1 (b) the content of United States Jobs Plans and reports required by
2 this section shall be subject to disclosure under the Freedom of Infor-
3 mation Law; and
4 (c) the final contract and compliance documents shall be made avail-
5 able to the public.
6 4. The department shall promulgate regulations to establish the forms,
7 procedures, and processes necessary for impacted transit agencies to
8 implement the requirements of this section. This shall include a stand-
9 ard and consistent method, such as a workbook or worksheet, to track the
10 quantifiable information required in paragraph (b) of subdivision two of
11 this section and procedures to annually assess contracting entities
12 compliance with the United States Jobs Plan.
13 5. Contracting entities shall be required to submit annual United
14 States Jobs Plan reports to contracting public agencies demonstrating
15 compliance with their United States Jobs Plan commitments. The terms of
16 the final contract as well as all compliance reporting shall be made
17 available to the public online, either via the contracting agency's
18 website or the department's website, at the election of the contracting
19 agency.
20 6. The provisions of this section shall not apply to: (a) A contract
21 awarded before January first, two thousand twenty-seven; or
22 (b) A contract awarded based on a solicitation issued before January
23 first, two thousand twenty-seven.
24 § 8. The public service law is amended by adding a new section 66-x to
25 read as follows:
26 § 66-x. Public transportation systems zero-emission electricity
27 infrastructure. Every electric corporation which provides electric
28 service to a public transportation system, as defined in section eigh-
29 teen-b of the transportation law, shall ensure that such corporation has
30 the requisite and appropriate infrastructure, capacity, facilities, and
31 transmission and distribution systems needed to supply power for the
32 electric charging of zero-emission buses of a public transportation
33 system at the locations designated for charging by such public transpor-
34 tation systems. Within one year of the publication of the roadmap
35 required under subdivision four of section seventeen-c of the transpor-
36 tation law, an electric corporation shall have adopted finalized plans
37 and agreements to construct, install or upgrade the infrastructure
38 necessary to support to the deployment and operation of zero-emission
39 buses by a public transportation system by providing the required elec-
40 tric service to the locations designated for charging buses by such
41 public transportation system. All costs associated with the mandates of
42 this section shall be borne by an electric corporation. The commission
43 shall not approve any increases in rates or charges for services of an
44 electric corporation which has not complied with this section by the
45 date set forth herein or pursuant to the roadmap under section seven-
46 teen-c of the transportation law.
47 § 9. Section 66-s of the public service law is amended by adding a new
48 subdivision 7 to read as follows:
49 7. The commission shall establish a separate tariff under this section
50 for public transportation systems as defined in section eighteen-b of
51 the transportation law for separately metered utilities for the purpose
52 of charging zero-emission buses as defined in section seventeen-c of
53 such law. The tariff shall provide a waiver of all secondary demand
54 charges for charging zero-emission buses between the hours of ten
55 o'clock p.m. and eight o'clock a.m., as well as low tension service for
56 winter and summer months.
A. 4439 13
1 § 10. Severability. The provisions of this act shall be severable, and
2 if the application of any clause, sentence, paragraph, subdivision,
3 section or part of this act to any person or circumstance shall be
4 adjudged by any court of competent jurisdiction to be invalid, such
5 judgment shall not necessarily affect, impair or invalidate the applica-
6 tion of any such clause, sentence, paragraph, subdivision, section or
7 part of this act or remainder thereof, as the case may be, to any other
8 person or circumstance, but shall be confined in its operation to the
9 clause, sentence, paragraph, subdivision, section or part thereof
10 directly involved in the controversy in which such judgment shall have
11 been rendered.
12 § 11. This act shall take effect immediately, provided, however, that
13 section seven of this act shall take effect on the ninetieth day after
14 it shall have become a law; provided, further, that the amendments to
15 section 104 of the general municipal law made by section five of this
16 act shall be subject to the expiration and reversion of such section
17 pursuant to section 9 of subpart A of part C of chapter 97 of the laws
18 of 2011, as amended, when upon such date the provisions of section six
19 of this act shall take effect. Effective immediately, the addition,
20 amendment and/or repeal of any rule or regulation necessary for the
21 implementation of this act on its effective date are authorized to be
22 made and completed on or before such effective date.
