S T A T E O F N E W Y O R K
________________________________________________________________________
2083
2021-2022 Regular Sessions
I N A S S E M B L Y
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:
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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05761-01-1
A. 2083 2
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:
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.