STATE OF NEW YORK
________________________________________________________________________
2083
2021-2022 Regular Sessions
IN ASSEMBLY
January 14, 2021
___________
Introduced by M. of A. DINOWITZ, SIMON, L. ROSENTHAL, EPSTEIN,
SEAWRIGHT, COLTON, THIELE, FRONTUS, CARROLL, McMAHON, DICKENS,
CYMBROWITZ, REYES, BARRON, OTIS, GOTTFRIED, STECK, JACOBSON, FAHY,
RICHARDSON, ENGLEBRIGHT -- read once and referred to the Committee on
Transportation
AN ACT to amend the transportation law, in relation to procurement of
contract proposals for zero-emission buses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The transportation law is amended by adding a new section
2 18-c to read as follows:
3 § 18-c. Zero-emission bus procurement contract proposals. 1. Every
4 public transportation system eligible to receive operating assistance
5 pursuant to section eighteen-b of this article shall use a system that
6 incorporates a best-value contracting framework to consider the quality,
7 cost and efficiency of offerors when evaluating procurement contract
8 proposals for the purchase of zero-emission buses and charging equip-
9 ment. Such framework shall reflect, whenever possible, objective and
10 quantifiable analysis. Such framework shall identify a quantitative
11 factor for offerors that prioritize and include the following in such
12 procurement contract proposal:
13 a. an employment plan which shall include but not be limited to:
14 (i) worker wages;
15 (ii) worker benefits;
16 (iii) worker safety;
17 (iv) training, retraining, and registered apprenticeship programs; and
18 (v) a commitment to create high quality jobs within the state to the
19 maximum extent practicable for disadvantaged or underrepresented indi-
20 viduals;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05761-01-1
A. 2083 2
1 b. a commitment to consider the interests of members of the community
2 that surround such offeror's facility and the interests of members of
3 the community from which workers are recruited; and
4 c. a description of efforts by the offeror to lower greenhouse gas
5 emissions and such offeror's impact on climate change.
6 2. The framework established by subdivision one of this section shall
7 include notice to offerors stating that:
8 a. the terms and conditions of employment, content of employment plans
9 and reports required by this section shall be subject to disclosure
10 under the Freedom of Information Law; and
11 b. the final contract and compliance documents shall be made available
12 to the public on the department's website.
13 3. For purposes of this section "zero-emission bus" shall mean a motor
14 vehicle that has a seating capacity of fifteen or more passengers in
15 addition to the driver and used for the transportation of persons and:
16 a. is propelled by an electric motor and associated power electronics
17 which provide acceleration torque to the drive wheels during normal
18 vehicle operation and draws electricity from a hydrogen fuel cell or
19 from a battery which is capable of being recharged from an external
20 source of electricity; or
21 b. otherwise operates without direct emission of atmospheric pollu-
22 tants.
23 4. This section shall be subject to the provisions of section one
24 hundred thirty-nine-i of the state finance law. Public transportation
25 systems shall coordinate with the department to ensure compliance.
26 5. The department shall promulgate regulations to establish the forms,
27 manner and process by which offerors shall submit contract proposals
28 pursuant to this section. Such regulations shall include requirements
29 to demonstrate details of such offerors' employment plan and compliance
30 with this section.
31 6. In the first full year in which a public transportation system
32 enters into a contract for the procurement of zero emission buses, such
33 public transportation system shall issue a report on or before the
34 beginning of each fiscal quarter to the commissioner. On or before
35 December thirty-first of each year thereafter, such public transporta-
36 tion system shall issue a report to the commissioner, the governor, the
37 temporary president of the senate, the minority leader of the senate,
38 the speaker of the assembly, the minority leader of the assembly. Such
39 reports shall detail compliance with the provisions of this section by
40 such public transportation system, detail compliance with the provisions
41 of this section by relevant contracting entities and shall include
42 descriptions of factors considered in evaluating procurement contract
43 proposals.
44 § 2. Severability. The provisions of this act shall be severable, and
45 if the application of any clause, sentence, paragraph, subdivision,
46 section or part of this act to any person or circumstance shall be
47 adjudged by any court of competent jurisdiction to be invalid, such
48 judgment shall not necessarily affect, impair or invalidate the applica-
49 tion of any such clause, sentence, paragraph, subdivision, section, part
50 of this act or remainder thereof, as the case may be, to any other
51 person or circumstance, but shall be confined in its operation to the
52 clause, sentence, paragraph, subdivision, section or part thereof
53 directly involved in the controversy in which such judgment shall have
54 been rendered.
55 § 3. This act shall take effect immediately.
