The New York State Senate

 
                     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.