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S09382 Summary:

S09382 Actions:

S09382 Committee Votes:

S09382 Floor Votes:

S09382 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9382
 
                    IN SENATE
 
                                      May 23, 2022
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations
 
        AN  ACT to amend the executive law, in relation to the purchase or lease
          of zero emission vehicles for state-owned vehicle fleets
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 201-a of the executive law is amended by adding two
     2  new subdivisions 11 and 12 to read as follows:
     3    11. a. The commissioner of general services shall include requirements
     4  in  any  procurement for the manufacturing or retrofitting of zero emis-
     5  sion vehicles and charging or fueling infrastructure that the components
     6  and parts used or supplied in the performance of  the  contract  or  any
     7  subcontract  thereto  shall  be produced or made in whole or substantial
     8  part in the United States, its territories or possessions and that final
     9  assembly of the zero emission vehicles and charging or  fueling  infras-
    10  tructure   shall   occur  in  the  United  States,  its  territories  or
    11  possessions.
    12    b. The commissioner of general services, in consultation with the  New
    13  York  state  energy  research  and  development  authority may waive the
    14  contracting requirements set forth in paragraph a of this subdivision if
    15  the commissioner of general services determines  that  the  requirements
    16  would not be in the public interest, would result in unreasonable costs,
    17  or  that  obtaining  such zero emission vehicles and charging or fueling
    18  infrastructure components and parts in the United States would  increase
    19  the  cost of a contract for zero emission vehicles and charging or fuel-
    20  ing infrastructure by an unreasonable  amount,  or  such  zero  emission
    21  vehicles  and  charging  or  fueling infrastructure components and parts
    22  cannot be produced, made, or assembled in the United  States  in  suffi-
    23  cient  and  reasonably  available quantities or of satisfactory quality.
    24  Such determination must be made on an annual basis no later than  Decem-
    25  ber  thirty-first  after  providing notice and an opportunity for public
    26  comment, and be made publicly available, in writing, on  the  office  of
    27  general  services'  website  with a detailed explanation of the findings
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06578-11-2
        S. 9382                             2

     1  leading to such determination. If the commissioner of  general  services
     2  has issued determinations for three consecutive years that no such waiv-
     3  er  is  warranted  pursuant  to this paragraph, then the commissioner of
     4  general  services  shall  no  longer  be  required to provide the annual
     5  determination required by this paragraph.
     6    12. a. Nothing in this section shall alter the rights or benefits, and
     7  privileges, including but not limited to terms and conditions of employ-
     8  ment, civil service status, and collective bargaining  unit  membership,
     9  of any current employees of the state or any agency or public authority.
    10    b.  Nothing  in  this  section  shall  result  in:  (i) the discharge,
    11  displacement, or loss of position, including partial  displacement  such
    12  as  a  reduction in the hours of non-overtime work, wages, or employment
    13  benefits; (ii) the impairment of existing collective  bargaining  agree-
    14  ments;  (iii) the transfer of existing duties and functions; or (iv) the
    15  transfer of future duties and functions, of any currently employed work-
    16  er of the state or any agency or  public  authority  who  agrees  to  be
    17  retrained.
    18    c. Prior to the beginning of the procurement process for zero emission
    19  vehicles,  the  office  of general services shall create and implement a
    20  workforce development report that: (i) estimates the number  of  current
    21  positions  in  the state or at any agency or public authority that would
    22  be eliminated or substantially changed  as  a  result  of  the  proposed
    23  purchase or lease of zero emission vehicles, and the number of positions
    24  expected  to  be created by the purchase or lease over the intended life
    25  of the proposed purchase or lease; (ii) identifies gaps in skills of its
    26  current workforce that are needed to operate and maintain zero  emission
    27  vehicles;  (iii)  includes a comprehensive plan to transition, train, or
    28  retrain employees that are impacted by the proposed purchase  or  lease;
    29  and  (iv)  contains an estimated budget to transition, train, or retrain
    30  employees that are impacted by the proposed purchase or lease.
    31    d. Nothing in this section shall: (i) limit the  rights  of  employees
    32  pursuant  to a collective bargaining agreement, or (ii) alter the exist-
    33  ing representational relationships among collective bargaining represen-
    34  tatives or the bargaining relationships between  the  employer  and  any
    35  collective bargaining representative. Employees of public entities serv-
    36  ing in positions in newly created titles shall be assigned to the appro-
    37  priate bargaining unit.
    38    e.  Prior to beginning the procurement process for zero emission vehi-
    39  cles, the office of general services shall inform its employees' collec-
    40  tive bargaining representative of any potential impact on its members or
    41  unit, including positions that may be affected, altered,  or  eliminated
    42  as a result of the proposed purchase or lease.
    43    §  2.  This  act  shall  take  effect on the same date and in the same
    44  manner as a chapter of the laws  of  2022  amending  the  executive  law
    45  relating  to  the purchase or lease of zero emission vehicles for state-
    46  owned vehicle fleets, as proposed in legislative bills numbers S. 2838-C
    47  and A.  2412-B, takes effect.