The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8548

                            I N  S E N A T E

                              June 11, 2020
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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:

  Section 1. The transportation law is amended by adding a  new  section
18-c to read as follows:
  §  18-C.  ZERO-EMISSION  BUS PROCUREMENT CONTRACT PROPOSALS.  1. EVERY
PUBLIC TRANSPORTATION SYSTEM ELIGIBLE TO  RECEIVE  OPERATING  ASSISTANCE
PURSUANT  TO  SECTION EIGHTEEN-B OF THIS ARTICLE SHALL USE A SYSTEM THAT
INCORPORATES A BEST-VALUE CONTRACTING FRAMEWORK TO CONSIDER THE QUALITY,
COST AND EFFICIENCY OF OFFERORS  WHEN  EVALUATING  PROCUREMENT  CONTRACT
PROPOSALS  FOR  THE  PURCHASE OF ZERO-EMISSION BUSES AND CHARGING EQUIP-
MENT. SUCH FRAMEWORK SHALL REFLECT,  WHENEVER  POSSIBLE,  OBJECTIVE  AND
QUANTIFIABLE  ANALYSIS.  SUCH  FRAMEWORK  SHALL  IDENTIFY A QUANTITATIVE
FACTOR FOR OFFERORS THAT PRIORITIZE AND INCLUDE THE  FOLLOWING  IN  SUCH
PROCUREMENT CONTRACT PROPOSAL:
  A. AN EMPLOYMENT PLAN WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:
  (I) WORKER WAGES;
  (II) WORKER BENEFITS;
  (III) WORKER SAFETY;
  (IV) TRAINING, RETRAINING, AND REGISTERED APPRENTICESHIP PROGRAMS; AND
  (V)  A  COMMITMENT TO CREATE HIGH QUALITY JOBS WITHIN THE STATE TO THE
MAXIMUM EXTENT PRACTICABLE FOR DISADVANTAGED OR  UNDERREPRESENTED  INDI-
VIDUALS;
  B.  A COMMITMENT TO CONSIDER THE INTERESTS OF MEMBERS OF THE COMMUNITY
THAT SURROUND SUCH OFFEROR'S FACILITY AND THE INTERESTS  OF  MEMBERS  OF
THE COMMUNITY FROM WHICH WORKERS ARE RECRUITED; AND
  C.  A  DESCRIPTION  OF  EFFORTS BY THE OFFEROR TO LOWER GREENHOUSE GAS
EMISSIONS AND SUCH OFFEROR'S IMPACT ON CLIMATE CHANGE.
  2. THE FRAMEWORK ESTABLISHED BY SUBDIVISION ONE OF THIS SECTION  SHALL
INCLUDE NOTICE TO OFFERORS STATING THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16008-02-0

S. 8548                             2

  A. THE TERMS AND CONDITIONS OF EMPLOYMENT, CONTENT OF EMPLOYMENT PLANS
AND  REPORTS  REQUIRED  BY  THIS  SECTION SHALL BE SUBJECT TO DISCLOSURE
UNDER THE FREEDOM OF INFORMATION LAW; AND
  B. THE FINAL CONTRACT AND COMPLIANCE DOCUMENTS SHALL BE MADE AVAILABLE
TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
  3. FOR PURPOSES OF THIS SECTION "ZERO-EMISSION BUS" SHALL MEAN A MOTOR
VEHICLE  THAT  HAS  A  SEATING CAPACITY OF FIFTEEN OR MORE PASSENGERS IN
ADDITION TO THE DRIVER AND USED FOR THE TRANSPORTATION OF PERSONS AND:
  A. IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER  ELECTRONICS
WHICH  PROVIDE  ACCELERATION  TORQUE  TO  THE DRIVE WHEELS DURING NORMAL
VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A  HYDROGEN  FUEL  CELL  OR
FROM  A  BATTERY  WHICH  IS  CAPABLE OF BEING RECHARGED FROM AN EXTERNAL
SOURCE OF ELECTRICITY; OR
  B. OTHERWISE OPERATES WITHOUT DIRECT EMISSION  OF  ATMOSPHERIC  POLLU-
TANTS.
  4.  THIS  SECTION  SHALL  BE  SUBJECT TO THE PROVISIONS OF SECTION ONE
HUNDRED THIRTY-NINE-I OF THE STATE FINANCE LAW.   PUBLIC  TRANSPORTATION
SYSTEMS SHALL COORDINATE WITH THE DEPARTMENT TO ENSURE COMPLIANCE.
  5. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO ESTABLISH THE FORMS,
MANNER  AND  PROCESS  BY  WHICH OFFERORS SHALL SUBMIT CONTRACT PROPOSALS
PURSUANT TO THIS SECTION.  SUCH REGULATIONS SHALL  INCLUDE  REQUIREMENTS
TO  DEMONSTRATE DETAILS OF SUCH OFFERORS' EMPLOYMENT PLAN AND COMPLIANCE
WITH THIS SECTION.
  6. IN THE FIRST FULL YEAR IN  WHICH  A  PUBLIC  TRANSPORTATION  SYSTEM
ENTERS  INTO A CONTRACT FOR THE PROCUREMENT OF ZERO EMISSION BUSES, SUCH
PUBLIC TRANSPORTATION SYSTEM SHALL ISSUE  A  REPORT  ON  OR  BEFORE  THE
BEGINNING  OF  EACH  FISCAL  QUARTER TO THE COMMISSIONER.   ON OR BEFORE
DECEMBER THIRTY-FIRST OF EACH YEAR THEREAFTER, SUCH  PUBLIC  TRANSPORTA-
TION  SYSTEM SHALL ISSUE A REPORT TO THE COMMISSIONER, THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER  OF  THE  SENATE,
THE  SPEAKER  OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY. SUCH
REPORTS SHALL DETAIL COMPLIANCE WITH THE PROVISIONS OF THIS  SECTION  BY
SUCH PUBLIC TRANSPORTATION SYSTEM, DETAIL COMPLIANCE WITH THE PROVISIONS
OF  THIS  SECTION  BY  RELEVANT  CONTRACTING  ENTITIES AND SHALL INCLUDE
DESCRIPTIONS OF FACTORS CONSIDERED IN  EVALUATING  PROCUREMENT  CONTRACT
PROPOSALS.
  §  2. Severability. The provisions of this act shall be severable, and
if the application of  any  clause,  sentence,  paragraph,  subdivision,
section  or  part  of  this  act  to any person or circumstance shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other
person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  § 3. This act shall take effect immediately.