Senate Bill S8548

                            
 
                     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.