S T A T E O F N E W Y O R K
________________________________________________________________________
3090--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. DINOWITZ, SAYEGH, THIELE, GALEF, GLICK, CRUZ,
LAVINE, CARROLL, NIOU, COLTON, HYNDMAN, DICKENS, SIMON, EPSTEIN,
L. ROSENTHAL, McMAHON, GOTTFRIED, FRONTUS, PAULIN, CYMBROWITZ, FAHY,
REYES, SEAWRIGHT, OTIS, STECK, JACOBSON, WALLACE, GALLAGHER, GONZA-
LEZ-ROJAS, LUPARDO, GRIFFIN, BARNWELL, JONES, ZEBROWSKI, LUNSFORD,
ANDERSON, ROZIC, QUART, NOLAN, ABINANTI, SANTABARBARA, STERN, BYRNE,
SOLAGES, DAVILA, McDONALD, D. ROSENTHAL, BARRETT, FERNANDEZ,
O'DONNELL, CUSICK, BURDICK, WOERNER, WALKER, PEOPLES-STOKES, CLARK,
STIRPE, HUNTER, GANDOLFO, DURSO, KELLES, WEPRIN, JEAN-PIERRE, BRAUN-
STEIN, RAJKUMAR, ASHBY, SIMPSON, WALCZYK, BURGOS, RA, RAMOS, FALL,
MAMDANI, K. BROWN, SILLITTI, MONTESANO, SCHMITT, JOYNER, FORREST,
LAWLER, DILAN, KIM, SEPTIMO, BICHOTTE HERMELYN, JACKSON, MEEKS, PHEF-
FER AMATO, MITAYNES, WILLIAMS -- Multi-Sponsored by -- M. of A. ENGLE-
BRIGHT, McDONOUGH -- read once and referred to the Committee on Trans-
portation -- recommitted to the Committee on Transportation in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the transportation law, in relation to the purchase of
zero-emission buses; and to amend the public authorities law and the
general municipal law, in relation to the procurement of electric-pow-
ered buses, vehicles or other related equipment
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
17-c to read as follows:
§ 17-C. ZERO-EMISSION BUSES. 1. NO LATER THAN JANUARY FIRST, TWO THOU-
SAND TWENTY-NINE, EVERY PUBLIC TRANSPORTATION SYSTEM ELIGIBLE TO RECEIVE
OPERATING ASSISTANCE UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF THIS
ARTICLE SHALL BE REQUIRED TO PURCHASE ONLY ZERO-EMISSION BUSES AND
RELATED EQUIPMENT AND FACILITIES AS PART OF THE NORMAL REPLACEMENT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05744-10-2
A. 3090--A 2
ITS FLEET. NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, ANY
HYDROGEN FUEL CELL ZERO-EMISSION BUS SHALL BE POWERED BY HYDROGEN
DERIVED FROM ZERO-EMISSION ELECTRICITY.
2. 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; 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 OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF ATMOSPHER-
IC POLLUTANTS. PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS SECTION,
ZERO-EMISSION BUSES SHALL INCLUDE PARATRANSIT VEHICLES SPECIFICALLY
DESIGNATED BY PUBLIC TRANSPORTATION SYSTEMS TO SERVE THE NEEDS OF
PERSONS WHO CANNOT USE FIXED ROUTE TRANSIT BUSES, SUBWAYS OR RAPID TRAN-
SIT.
3. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL
RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES SHALL BE PRESERVED AND
PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (I) DISPLACEMENT
OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION (INCLUDING
PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME
WORK, WAGES, OR EMPLOYMENT BENEFITS) OR RESULT IN THE IMPAIRMENT OF
EXISTING COLLECTIVE BARGAINING AGREEMENTS; (II) TRANSFER OF EXISTING
DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY
PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
ENTITY; OR (III) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY
PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
(B) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
ESS FOR NEW ZERO-EMISSION BUSES, THE TRANSIT AUTHORITY, AGENCY OR MUNI-
CIPALITY SHALL CREATE AND IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT
(I) FORECASTS THE NUMBER OF JOBS PROVIDED BY EXISTING OMNIBUSES, ROLLING
STOCK, VEHICLES OR EQUIPMENT THAT WOULD BE ELIMINATED OR SUBSTANTIALLY
CHANGED AFTER THE PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE
CREATED AT THE TRANSIT PROVIDER BY THE PROPOSED PURCHASE OVER A SIX-YEAR
PERIOD FROM THE DATE OF THE PUBLICATION OF THE WORKFORCE DEVELOPMENT
REPORT, (II) IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND MAINTAIN
THE NEW ZERO-EMISSION BUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIP-
MENT, (III) INCLUDES A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR
RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND (IV)
CONTAINS AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES
THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
(C) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO AFFECT (I) THE
EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
EMPLOYEE ORGANIZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE
EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
MENT PROCESS FOR NEW ZERO-EMISSION BUSES, ROLLING STOCK, VEHICLES OR
RELATED EQUIPMENT, THE TRANSIT AUTHORITY, AGENCY OR MUNICIPALITY SHALL
INFORM THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL JOBS
THAT MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE
PURCHASE, AND IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
4. (A) BEGINNING IN TWO THOUSAND TWENTY-EIGHT AND EVERY FIVE YEARS
THEREAFTER UNTIL A PUBLIC TRANSPORTATION SYSTEM HAS TRANSITIONED ENTIRE-
LY TO USING ZERO-EMISSION BUSES, EVERY PUBLIC TRANSPORTATION SYSTEM
A. 3090--A 3
COVERED PURSUANT TO THIS SECTION SHALL SUBMIT TO THE DEPARTMENT A TRAN-
SITION PLAN FOR COMPLYING WITH THE TWO THOUSAND TWENTY-NINE PROCUREMENT
REQUIREMENT AND FOR TRANSITIONING TO ZERO-EMISSION BUSES. SUCH PLAN
SHALL INCLUDE WITHOUT LIMITATION:
(I) A LIST OR REPORT OF THE POLICIES AND PRACTICES TO COMPLY WITH THE
TWO THOUSAND TWENTY-NINE REQUIREMENT TO PROCURE ONLY ZERO-EMISSION BUSES
AND A GOAL TO FULLY TRANSITION TO ZERO-EMISSION FLEETS BY TWO THOUSAND
FORTY, INCLUDING OTHER RELEVANT PROCUREMENT TARGETS AND PERFORMANCE
METRICS, INCLUDING WITHOUT LIMITATION AN INTERIM GOAL OF CONVERTING TO
FIFTY PERCENT ZERO-EMISSION BUSES BY TWO THOUSAND THIRTY-FIVE.
(II) IDENTIFICATION OF BARRIERS, CONSTRAINTS, AND RISKS TO ONE HUNDRED
PERCENT TRANSITION BASED ON A PUBLIC TRANSPORTATION SYSTEM'S SPECIFIC
ROUTES AND UNIQUE CIRCUMSTANCES, AND STRATEGIES TO ADDRESS THOSE ISSUES.
(III) IDENTIFICATION OF THE TYPES OF BUSES A PUBLIC TRANSPORTATION
SYSTEM PLANS TO DEPLOY, AND A SCHEDULE OF ZERO-EMISSION AND COMBUSTION
BUS PURCHASE AND LEASE OPTIONS, AND ZERO-EMISSION BUS RETROFITS IF
APPLICABLE.
(IV) A SCHEDULE FOR THE CONSTRUCTION OF FACILITIES AND INFRASTRUCTURE
MODIFICATIONS OR UPGRADES, INCLUDING BUT NOT LIMITED TO CHARGING, FUEL-
ING, AND MAINTENANCE FACILITIES, NEEDED TO SUPPORT THE DEPLOYMENT OF
ZERO-EMISSION BUSES.
(V) AN OUTREACH PLAN TO COORDINATE WITH OTHER RELEVANT STAKEHOLDERS,
INCLUDING UTILITIES, LOCAL GOVERNMENTS, AND BUS RIDERS.
(VI) A PLAN TO PRIORITIZE ZERO-EMISSION BUS DEPLOYMENTS IN OR NEAR
DISADVANTAGED COMMUNITIES, DEFINED IN ARTICLE SEVENTY-FIVE OF THE ENVI-
RONMENTAL CONSERVATION LAW.
(VII) A TRAINING PLAN AND SCHEDULE FOR BUS OPERATORS, MAINTENANCE AND
REPAIR STAFF, WHICH MAY BE INCORPORATED INTO A WORKFORCE DEVELOPMENT
REPORT REQUIRED PURSUANT TO THIS SECTION, SECTION TWENTY-EIGHT HUNDRED
SEVENTY-EIGHT-A OF THE PUBLIC AUTHORITIES LAW, AND SECTION ONE HUNDRED
FOUR OF THE GENERAL MUNICIPAL LAW.
(VIII) COST ESTIMATES TO IMPLEMENT THE ZERO-EMISSION BUS TRANSITION,
AND IDENTIFICATION OF EXISTING FUNDING SOURCES AVAILABLE THAT COULD BE
USED TO TRANSITION TO ONE HUNDRED PERCENT ZERO-EMISSION BUSES.
(IX) AN ANALYSIS OF SPECIFIC STRATEGIES, CONSTRAINTS, AND NEEDS
RELATED TO THE PROCUREMENT OF ZERO-EMISSION BUSES FOR PARATRANSIT OPER-
ATIONS AND, IF RELEVANT, INTERCITY BUS SERVICE OR BUS SERVICE THAT IS
INTENDED TO SATISFY LONGER DISTANCE TRAVEL DEMAND BETWEEN CITIES,
VILLAGES AND UNINCORPORATED URBAN PLACES.
(X) IDENTIFICATION OF FUEL SOURCES USED TO FUEL HYDROGEN FUEL CELL
BUSES, AND A PLAN TO ENSURE ALL HYDROGEN FUEL CELL ZERO-EMISSION BUSES
WILL USE HYDROGEN DERIVED FROM ZERO-EMISSION ELECTRICITY BY TWO THOUSAND
THIRTY-FIVE.
(B) (I) TO EFFECTUATE THE PURPOSES OF THIS SECTION, PUBLIC TRANSPORTA-
TION SYSTEMS MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVI-
SION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR ANY
PUBLIC AUTHORITY SUCH TECHNICAL ASSISTANCE, INFORMATION AND DATA AS WILL
ENABLE THEM TO PROPERLY CARRY OUT ITS POWERS AND DUTIES PURSUANT TO THIS
SECTION.
(II) PROVIDED ADDITIONALLY THAT PUBLIC TRANSPORTATION SYSTEMS SHALL
CONSULT WITH THE DEPARTMENT AND WITH THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY IN DEVELOPING THEIR TRANSITION PLANS.
(III) THE DEPARTMENT, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY PURSUANT TO SECTIONS EIGHTEEN HUNDRED
FIFTY-FOUR AND EIGHTEEN HUNDRED EIGHTY-FOUR OF THE PUBLIC AUTHORITIES
LAW AND ANY OTHER RELEVANT SECTIONS, SHALL PROVIDE TECHNICAL ASSISTANCE
A. 3090--A 4
TO PUBLIC TRANSPORTATION SYSTEMS UPON REQUEST, AND SHALL PROVIDE ASSIST-
ANCE TO PUBLIC TRANSPORTATION SYSTEMS UPON REQUEST FOR ASSISTANCE IN
PURSUING STATE AND FEDERAL GRANT AND OTHER FUNDING OPPORTUNITIES. THE
DEPARTMENT SHALL ALSO FACILITATE THE COORDINATION OF PURCHASING, INSTAL-
LATION AND SHARING SERVICES BETWEEN PUBLIC TRANSPORTATION SYSTEMS SERV-
ING PRIMARILY OUTSIDE OF CITIES WITH A POPULATION OF ONE MILLION OR
MORE.
(C) PUBLIC TRANSPORTATION SYSTEMS SHALL SOLICIT PUBLIC COMMENT IN
DEVELOPING TRANSITION PLANS, AND ARE AUTHORIZED TO HOLD PUBLIC HEARINGS
AND MEETINGS IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS
LAW, AND CONSULT WITH ANY ORGANIZATION, EDUCATIONAL INSTITUTION, OR
OTHER GOVERNMENT ENTITY OR PERSON, TO ENABLE THEM TO ACCOMPLISH THEIR
DUTIES.
(D) THE DEPARTMENT SHALL PUBLISH TRANSITION PLANS ON THEIR PUBLICLY
ACCESSIBLE WEBSITE WITHIN THIRTY DAYS OF THE PLANS BEING FINALIZED WITH
THE DEPARTMENT.
5. (A) IN ORDER TO OBTAIN AN EXTENSION OF THE ATTAINMENT DATE BEYOND
THE STATUTORY ATTAINMENT DATE OF JANUARY FIRST, TWO THOUSAND TWENTY-NINE
PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE TRANSPORTATION SYSTEM
SHALL:
(I) APPLY FOR AN EXTENSION AND SUBMIT A COMPLETE APPLICATION FOR SUCH
EXTENSION ATTAINMENT DATE BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-EIGHT.
(II) DEMONSTRATE THAT THE TRANSITION PLAN REQUIRED PURSUANT TO SUBDI-
VISION FOUR OF THIS SECTION CONTAINS ALL OF THE REQUIRED COMPONENTS OF A
TRANSITION PLAN AND INCLUDES A REQUEST FOR EXTENSION OF THE ATTAINMENT
DATE.
(B) THE DEPARTMENT SHALL DETERMINE IF THE TRANSPORTATION SYSTEM QUALI-
FIES FOR AN ATTAINMENT DATE EXTENSION BASED ON:
(I) WHETHER THE TRANSPORTATION SYSTEM CONDUCTED AT LEAST A REQUEST FOR
INFORMATION, REQUEST FOR PROPOSAL, OR COMBINATION OF BOTH FOR PARATRAN-
SIT VEHICLES WITHIN THREE YEARS OF TWO THOUSAND TWENTY-NINE, PROVEN THAT
SUCH ZERO-EMISSION PARATRANSIT TECHNOLOGY IS NOT ATTAINABLE BY TWO THOU-
SAND TWENTY-NINE, AND THE DEPARTMENT HAS DETERMINED THAT A GOOD FAITH
EFFORT HAS BEEN MADE BY THE TRANSPORTATION SYSTEM; AND
(II) WHETHER THE TRANSPORTATION SYSTEM:
(1) PURCHASED OR INSTALLED EQUIPMENT WITHIN THE LAST TEN YEARS FOR THE
PURPOSE OF REDUCING EMISSIONS AND WHERE BUSES RELIANT ON SUCH INFRAS-
TRUCTURE CONSTITUTE A MAJORITY OF THE IN-USE FLEET; OR
(2) HAS ALREADY RECEIVED FUNDS FOR SUCH EQUIPMENT AND SUCH EQUIPMENT
HAS NOT YET REACHED THE END OF ITS USEFUL LIFE OR THROUGH THE LIFETIME
OF ANY EXISTING FEDERAL FUNDING OBLIGATIONS FOR SUCH INFRASTRUCTURE,
WHICHEVER COMES FIRST; AND WHERE BUSES RELIANT ON SUCH INFRASTRUCTURE
CONSTITUTE A MAJORITY OF THE IN-USE FLEET; OR
(3) IS AN INTERCITY BUS SERVICE OR BUS SERVICE INTENDED TO SATISFY
LONGER DISTANCE TRAVEL DEMAND BETWEEN CITIES, VILLAGES AND UNINCORPORAT-
ED URBAN PLACES AND PROVEN THAT SUCH ZERO-EMISSION TRANSITION IS NOT
ATTAINABLE BY TWO THOUSAND TWENTY-NINE DUE TO TECHNOLOGY OR INFRASTRUC-
TURE AND THE DEPARTMENT HAS DETERMINED THAT A GOOD FAITH EFFORT HAS BEEN
MADE.
(C) IN ORDER TO OBTAIN AN EXEMPTION FROM THE ATTAINMENT DATE REQUIRE-
MENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE TRANSITION PLAN
SHALL INCLUDE:
(I) A TIMELINE FOR ATTAINMENT DEMONSTRATION;
(II) EFFORTS TO MAXIMIZE ZERO-EMISSION BUS PURCHASES AND PURCHASE ONLY
ZERO-EMISSION BUSES PRIOR TO TWO THOUSAND THIRTY-FIVE;
A. 3090--A 5
(III) YEAR-BY-YEAR TARGETS FOR ZERO-EMISSION BUS PROCUREMENTS AND
INFRASTRUCTURE INSTALLATION;
(IV) CONTINGENCY MEASURE PROVISIONS; AND
(V) A DETAILED JUSTIFICATION FOR NONATTAINMENT OF ZERO-EMISSION EQUIP-
MENT REVIEW PLAN PROVISIONS.
(D) BASED ON THE DEPARTMENT'S ASSESSMENT OF THE TRANSPORTATION
SYSTEM'S TRANSITION PLAN AND EXTENSION REQUEST, THE DEPARTMENT MAY DENY
THE EXTENSION IF IT DETERMINES THAT AN ADEQUATE ATTEMPT WAS NOT MADE OR
THAT TECHNOLOGY AND INFRASTRUCTURE IS AVAILABLE FOR THE TRANSPORTATION
SYSTEM TO TRANSITION TO ZERO-EMISSION BUSES. ANY DETERMINATION BY THE
DEPARTMENT TO DENY OR GRANT AN EXTENSION REQUEST SHALL BE SUBJECT TO
PUBLIC NOTIFICATION AND COMMENT. ANY APPLICATIONS FOR ATTAINMENT DATE
EXTENSIONS SHALL BE SUBJECT TO THE FREEDOM OF INFORMATION LAW AND
PUBLISHED ON THE DEPARTMENT'S PUBLIC WEBSITE.
(E) TRANSPORTATION SYSTEMS THAT QUALIFY FOR AN EXTENSION PURSUANT TO
THIS SUBDIVISION SHALL PROCURE ONLY ZERO-EMISSION BUSES STARTING JANUARY
FIRST, TWO THOUSAND THIRTY-FIVE OR SOONER ONCE THE EXEMPTION NO LONGER
APPLIES.
§ 2. The transportation law is amended by adding a new section 18-c to
read as follows:
§ 18-C. CAPITAL PLAN REQUIREMENTS. IN FORMULATING THE FIVE-YEAR
DEPARTMENT OF TRANSPORTATION CAPITAL PLANS, THE DEPARTMENT SHALL: (A)
CONSIDER THE REQUIREMENT OF SECTION SEVENTEEN-C OF THIS ARTICLE IN ITS
DISBURSEMENT OF PAYMENT FOR THE COSTS OF MASS TRANSPORTATION CAPITAL
PROJECTS AND FACILITIES AND GIVE PREFERENCE IN THE FORM OF PAYMENTS TO
PUBLIC TRANSPORTATION SYSTEMS ELIGIBLE TO RECEIVE OPERATING ASSISTANCE
UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF THIS ARTICLE THAT ARE ABLE
TO DEMONSTRATE COMMITMENTS MADE TOWARDS PURCHASING AND RETROFITTING
ZERO-EMISSION BUSES AND RELATED EQUIPMENT AND FACILITIES; AND (B) FACIL-
ITATE FOR PURPOSES OF MEETING THE REQUIREMENT OF SECTION SEVENTEEN-C OF
THIS ARTICLE THE COORDINATION OF PURCHASING, INSTALLATION AND SHARING
SERVICES BETWEEN PUBLIC TRANSPORTATION SYSTEMS SERVING PRIMARILY OUTSIDE
THE CITY OF NEW YORK.
§ 3. Section 2878-a of the public authorities law is amended by adding
a new subdivision 3 to read as follows:
3. (A) A TRANSPORTATION AUTHORITY ESTABLISHED UNDER THIS CHAPTER MAY,
BY RESOLUTION APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN
OFFICE, OR BY A DECLARATION THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
INAPPROPRIATE WITH RESPECT TO ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK,
VEHICLES OR OTHER RELATED EQUIPMENT BECAUSE THE ITEM IS AVAILABLE
THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (I) ANOTHER PUBLIC
AUTHORITY PROVIDED THAT SUCH OTHER AUTHORITY UTILIZED A PROCESS OF
COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE REQUESTS FOR PROPOSALS
TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW YORK, OR (III) A POLI-
TICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED THAT IN ANY CASE
WHEN UNDER THIS SUBDIVISION THE AUTHORITY DETERMINES THAT OBTAINING SUCH
ITEM THEREBY WOULD BE IN THE PUBLIC INTEREST AND SETS FORTH THE REASONS
FOR SUCH DETERMINATION. THE AUTHORITY SHALL ACCEPT SOLE RESPONSIBILITY
FOR ANY PAYMENT DUE THE VENDOR AS A RESULT OF THE AUTHORITY'S ORDER. IN
EACH CASE WHERE THE AUTHORITY DECLARES COMPETITIVE BIDDING IMPRACTICAL
OR INAPPROPRIATE, IT SHALL STATE THE REASON THEREFOR IN WRITING AND
SUMMARIZE ANY NEGOTIATIONS THAT HAVE BEEN CONDUCTED. THE AUTHORITY SHALL
NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVISION EARLIER THAN THIRTY
DAYS FROM THE DATE ON WHICH THE AUTHORITY DECLARES THAT COMPETITIVE
BIDDING IS IMPRACTICAL OR INAPPROPRIATE. ALL PROCUREMENTS APPROVED
PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
A. 3090--A 6
THE DEPARTMENT OF AUDIT AND CONTROL OR ANY SUCCESSOR AGENCIES. FOR
PURPOSES OF THIS SUBDIVISION, "TRANSPORTATION AUTHORITY" SHALL NOT
INCLUDE TRANSPORTATION AUTHORITIES GOVERNED UNDER TITLES NINE, NINE-A
AND ELEVEN OF ARTICLE FIVE OF THIS CHAPTER OR TITLE THREE OF ARTICLE
THREE OF THIS CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-
POWERED OMNIBUSES" SHALL INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHER-
WISE CONTROLLED BY THE AUTHORITY THAT OTHERWISE MEETS THE DEFINITION OF
BUS PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND TRAFFIC
LAW THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER ELEC-
TRONICS 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 OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
ATMOSPHERIC POLLUTANTS.
(B) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL
RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES SHALL BE PRESERVED AND
PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING PARTIAL
DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK,
WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF EXISTING
COLLECTIVE BARGAINING AGREEMENTS; (2) TRANSFER OF EXISTING DUTIES AND
FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY PERFORMED BY
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY; OR
(3) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY PERFORMED BY
EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
(II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
ESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR
RELATED EQUIPMENT, THE AUTHORITY SHALL CREATE AND IMPLEMENT A WORKFORCE
DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER OF JOBS PROVIDED BY
EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES OR EQUIPMENT THAT WOULD BE
ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE PURCHASE, AS WELL AS THE
NUMBER OF JOBS EXPECTED TO BE CREATED AT THE AUTHORITY BY THE PROPOSED
PURCHASE OVER A SIX-YEAR PERIOD FROM THE DATE OF THE PUBLICATION OF THE
WORKFORCE DEVELOPMENT REPORT, (2) IDENTIFIES GAPS IN SKILLS NEEDED TO
OPERATE AND MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK,
VEHICLES OR RELATED EQUIPMENT, (3) INCLUDES A COMPREHENSIVE PLAN TO
TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE
PROPOSED PURCHASE, AND (4) CONTAINS AN ESTIMATED BUDGET TO TRANSITION,
TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
(C) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO AFFECT (I) THE
EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
EMPLOYEE ORGANIZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE
EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
§ 4. Section 104 of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
3. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF
EXECUTIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A
A. 3090--A 7
PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE PURCHASES OF ELEC-
TRIC-POWERED OMNIBUSES OR OTHER RELATED EQUIPMENT UPON A RESOLUTION
APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE
ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (I)
A PUBLIC AUTHORITY OF THE STATE PROVIDED THAT SUCH OTHER AUTHORITY
UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE
REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW
YORK, OR (III) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK,
PROVIDED THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE POLITICAL
SUBDIVISION DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE
PUBLIC INTEREST AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE
POLITICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS
SUBDIVISION EARLIER THAN THIRTY DAYS FROM THE DATE ON WHICH THE POLI-
TICAL SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
INAPPROPRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
THE POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT
OF AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVI-
SION, "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPOR-
TATION SYSTEM" SHALL NOT INCLUDE TRANSPORTATION AUTHORITIES GOVERNED
UNDER TITLES NINE, NINE-A AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC
AUTHORITIES LAW OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORI-
TIES LAW. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED OMNI-
BUSES" SHALL INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHERWISE
CONTROLLED BY THE POLITICAL SUBDIVISION THAT OTHERWISE MEETS THE DEFI-
NITION OF BUS PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND
TRAFFIC LAW THAT 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 OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
ATMOSPHERIC POLLUTANTS.
(B) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL
RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES SHALL BE PRESERVED AND
PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING
PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME
WORK, WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF
EXISTING COLLECTIVE BARGAINING AGREEMENTS; (2) TRANSFER OF EXISTING
DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY
PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
ENTITY; OR (3) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY
PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
(II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
ESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR
RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL CREATE AND
IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER
OF JOBS PROVIDED BY EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES OR
EQUIPMENT THAT WOULD BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE
PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE CREATED AT THE
TRANSIT PROVIDER BY THE PROPOSED PURCHASE OVER A SIX-YEAR PERIOD FROM
THE DATE OF THE PUBLICATION OF THE WORKFORCE DEVELOPMENT REPORT, (2)
IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW ELEC-
TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIPMENT,
(3) INCLUDES A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN
A. 3090--A 8
EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND (4) CONTAINS
AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE
IMPACTED BY THE PROPOSED PURCHASE.
(C) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO AFFECT (I) THE
EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
EMPLOYEE ORGANIZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE
EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
§ 5. Section 104 of the general municipal law, as amended by section
27 of part L of chapter 55 of the laws of 2012, is amended to read as
follows:
§ 104. Purchase through office of general services. 1. Notwithstanding
the provisions of section one hundred three of this article or of any
other general, special or local law, any officer, board or agency of a
political subdivision, of a district therein, of a fire company or of a
voluntary ambulance service is authorized to make purchases of commod-
ities and services available pursuant to section one hundred sixty-three
of the state finance law, may make such purchases through the office of
general services subject to such rules as may be established from time
to time pursuant to section one hundred sixty-three of the state finance
law or through the general services administration pursuant to section
1555 of the federal acquisition streamlining act of 1994, P.L. 103-355;
provided that any such purchase shall exceed five hundred dollars and
that the political subdivision, district, fire company or voluntary
ambulance service for which such officer, board or agency acts shall
accept sole responsibility for any payment due the vendor. All purchases
shall be subject to audit and inspection by the political subdivision,
district, fire company or voluntary ambulance service for which made. No
officer, board or agency of a political subdivision, or a district ther-
ein, of a fire company or of a voluntary ambulance service shall make
any purchase through such office when bids have been received for such
purchase by such officer, board or agency, unless such purchase may be
made upon the same terms, conditions and specifications at a lower price
through such office. Two or more fire companies or voluntary ambulance
services may join in making purchases pursuant to this section, and for
the purposes of this section such groups shall be deemed "fire companies
or voluntary ambulance services."
2. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF
EXECUTIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A
PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE PURCHASES OF ELEC-
TRIC-POWERED OMNIBUSES OR OTHER RELATED EQUIPMENT UPON A RESOLUTION
APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE
ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (A)
A PUBLIC AUTHORITY OF THE STATE PROVIDED THAT SUCH OTHER AUTHORITY
UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE
REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF NEW
YORK, OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED
THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE POLITICAL SUBDIVISION
DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE PUBLIC
INTEREST AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE POLI-
A. 3090--A 9
TICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVI-
SION EARLIER THAN THIRTY DAYS FROM THE DATE ON WHICH THE POLITICAL
SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO-
PRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY THE
POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT OF
AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVISION,
"POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPORTATION
SYSTEM" SHALL NOT INCLUDE TRANSPORTATION AUTHORITIES GOVERNED UNDER
TITLES NINE, NINE-A AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES
LAW OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW. FOR
THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED OMNIBUSES" SHALL
INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHERWISE CONTROLLED BY THE
POLITICAL SUBDIVISION THAT OTHERWISE MEETS THE DEFINITION OF BUS
PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND TRAFFIC LAW
THAT 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 OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
ATMOSPHERIC POLLUTANTS.
(B) (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL
RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL
EXISTING EMPLOYEES OF AUTHORIZED ENTITIES SHALL BE PRESERVED AND
PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING
PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME
WORK, WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF
EXISTING COLLECTIVE BARGAINING AGREEMENTS; (2) TRANSFER OF EXISTING
DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY
PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
ENTITY; OR (3) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY
PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
(II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
ESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR
RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL CREATE AND
IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER
OF JOBS PROVIDED BY EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES OR
EQUIPMENT THAT WOULD BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE
PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE CREATED AT THE
TRANSIT PROVIDER BY THE PROPOSED PURCHASE OVER A SIX-YEAR PERIOD FROM
THE DATE OF THE PUBLICATION OF THE WORKFORCE DEVELOPMENT REPORT, (2)
IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW ELEC-
TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIPMENT,
(3) INCLUDES A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR RETRAIN
EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND (4) CONTAINS
AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE
IMPACTED BY THE PROPOSED PURCHASE.
(C) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO AFFECT (I) THE
EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
EMPLOYEE ORGANIZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE
EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
A. 3090--A 10
MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
§ 6. The transportation law is amended by adding a new section 18-d to
read as follows:
§ 18-D. 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 EQUIPMENT
IN THE EVENT IT ADOPTS A BEST-VALUE CONTRACTING FRAMEWORK. SUCH FRAME-
WORK SHALL REFLECT, WHENEVER POSSIBLE, OBJECTIVE AND QUANTIFIABLE ANALY-
SIS. 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, INCLUDING THE CONTRACTOR'S RECORD OF COMPLIANCE WITH
PREVAILING WAGE REQUIREMENTS ENFORCED BY THE UNITED STATES OR NEW YORK
STATE DEPARTMENT OF LABOR;
(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:
(A) THE TERMS AND CONDITIONS OF EMPLOYMENT, CONTENT OF EMPLOYMENT
PLANS AND REPORTS REQUIRED BY THIS SECTION SHALL BE SUBJECT TO DISCLO-
SURE UNDER THE FREEDOM OF INFORMATION LAW; AND
(B) THE FINAL CONTRACT AND COMPLIANCE DOCUMENTS SHALL BE MADE AVAIL-
ABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
3. FOR PURPOSES OF THIS SECTION "ZERO-EMISSION BUS" SHALL HAVE THE
SAME MEANING AS SET FORTH IN SUBDIVISION TWO OF SECTION SEVENTEEN-C OF
THIS ARTICLE.
4. PUBLIC TRANSPORTATION SYSTEMS SHALL COORDINATE WITH THE DEPARTMENT
TO ENSURE COMPLIANCE WITH SECTION ONE HUNDRED THIRTY-NINE-I OF THE STATE
FINANCE LAW.
5. (A) 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, INCLUDING WITHOUT LIMITATION REQUIRING
APPLICANTS FOR CONTRACTS USING FEDERAL FUNDS TO COMPLETE A UNITED STATES
JOBS PLAN FORM IN COMPLIANCE WITH SECTIONS 200.319(C) AND 200.322 OF
TITLE 2 OF THE CODE OF FEDERAL REGULATIONS. SUCH REGULATIONS SHALL NOT
REQUIRE ANY MINIMUM COMMITMENTS OTHER THAN THOSE ALREADY REQUIRED BY
RELEVANT FEDERAL, STATE, AND LOCAL LAWS.
(B) THE UNITED STATES JOBS PLAN SHALL INCLUDE WITHOUT LIMITATION THE
FOLLOWING INFORMATION ON THE OFFEROR'S PROPOSED JOB CREATION AND
RETENTION PROJECTIONS WITH RESPECT TO THE CONTRACT PROPOSAL:
A. 3090--A 11
(I) THE NUMBER OF FULL-TIME NON-TEMPORARY JOBS PROPOSED TO BE RETAINED
AND CREATED.
(II) THE NUMBER OF FULL-TIME TEMPORARY JOBS PROPOSED TO BE RETAINED
AND CREATED.
(III) THE NUMBER OF PART-TIME TEMPORARY JOBS PROPOSED TO BE RETAINED
AND CREATED.
(IV) THE NUMBER OF PART-TIME NON-TEMPORARY JOBS PROPOSED TO BE
RETAINED AND CREATED.
(V) THE NUMBER OF JOBS CLASSIFIED AS EMPLOYEE, AS DEFINED IN SECTION
SEVEN HUNDRED FORTY OF THE LABOR LAW.
(VI) THE NUMBER OF POSITIONS CLASSIFIED AS INDEPENDENT CONTRACTOR,
WHICH MAY NOT INCLUDE ANY JOBS CLASSIFIED AS EMPLOYEES.
(VII) THE NUMBER OF ALL JOBS PROPOSED TO BE RETAINED OR CREATED FOR
INDIVIDUALS FACING BARRIERS TO EMPLOYMENT.
(VIII) THE NUMBER OF ALL JOBS PROPOSED TO BE RETAINED OR CREATED FOR
DISPLACED WORKERS.
(IX) THE WAGE LEVELS BY JOB CLASSIFICATION.
(X) PROPOSED AMOUNTS TO BE PAID FOR FRINGE BENEFITS BY JOB CLASSIFICA-
TION.
(XI) PROPOSED AMOUNTS TO BE PAID FOR WORKER TRAINING BY JOB CLASSI-
FICATION.
(XII) INFORMATION ON TRAINING PROGRAMS TARGETED SPECIFICALLY TOWARD
INDIVIDUALS FACING BARRIERS TO EMPLOYMENT AND DISPLACED WORKERS.
(XIII) IN THE EVENT THAT A FEDERAL AUTHORITY SPECIFICALLY AUTHORIZES
USE OF A GEOGRAPHIC PREFERENCE OR WHEN STATE OR LOCAL FUNDS ARE USED TO
FUND A CONTRACT, PROPOSED LOCAL JOBS CREATED IN THE STATE OR WITHIN AN
EXISTING FACILITY IN THE STATE THAT ARE RELATED TO THE MANUFACTURING OF
ZERO-EMISSION BUSES AND CHARGING INFRASTRUCTURE.
(C) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(I) "DISPLACED WORKER" MEANS:
(1) ANY EMPLOYEE WHO WAS EMPLOYED BY THE EMPLOYER FOR SIX MONTHS OR
MORE IN THE TWELVE MONTHS PRECEDING THE JANUARY THIRTY-FIRST, TWO THOU-
SAND TWENTY, DECLARATION OF A NATIONAL STATE OF EMERGENCY BY THE PRESI-
DENT, AND WHOSE MOST RECENT SEPARATION FROM ACTIVE SERVICE WAS DUE TO A
PUBLIC HEALTH DIRECTIVE, GOVERNMENT SHUTDOWN ORDER, LACK OF BUSINESS, A
REDUCTION IN FORCE, OR OTHER ECONOMIC, NONDISCIPLINARY REASON RELATED TO
THE COVID-19 PANDEMIC.
(2) ANY EMPLOYEE WHOSE MOST RECENT SEPARATION FROM ACTIVE SERVICE WAS
DUE TO LACK OF BUSINESS, A REDUCTION IN FORCE, OR OTHER ECONOMIC,
NONDISCIPLINARY REASON RELATED TO THE TRANSITION FROM THE FOSSIL-FUEL
RELIANT BUSES TO ZERO-EMISSION BUSES.
(II) "INDIVIDUAL FACING BARRIERS TO EMPLOYMENT" MEANS EITHER OF THE
FOLLOWING:
(1) AN INDIVIDUAL FACING BARRIERS TO EMPLOYMENT AS DEFINED BY THE
COMMISSIONER OR, OTHERWISE
(2) AN INDIVIDUAL FROM A DEMOGRAPHIC GROUP THAT REPRESENTS LESS THAN
THIRTY PERCENT OF THEIR RELEVANT INDUSTRY WORKFORCE ACCORDING TO THE
UNITED STATES BUREAU OF LABOR STATISTICS.
(III) "NEW HIRE" MEANS AN EMPLOYEE WHOSE FIRST DAY OF EMPLOYMENT WILL
BE ON OR AFTER THE DATE THE CONTRACT BEGINS.
(IV) "INCUMBENT WORKER" MEANS CURRENT EMPLOYEES, EITHER NON-TEMPORARY
OR TEMPORARY FULL-TIME EMPLOYEE, WHO WILL BE RETAINED AND ASSIGNED TO
PERFORM WORK IN FURTHERANCE OF THE CONTRACT.
A. 3090--A 12
(V) "TEMPORARY JOB" MEANS A JOB FOR WHICH THE EMPLOYEE IS SUPPLIED BY
AN EMPLOYMENT AGENCY, AS DEFINED IN ARTICLE ELEVEN OF THE GENERAL BUSI-
NESS LAW.
(D) (I) THE DEPARTMENT SHALL CREATE A WORKBOOK THAT INCLUDES WITHOUT
LIMITATION THE ITEMS LISTED IN PARAGRAPH (B) OF THIS SUBDIVISION IN
ORDER TO ENSURE THAT ALL IMPACTED TRANSIT AGENCIES HAVE A STANDARD AND
CONSISTENT METHOD TO EVALUATE THE BID PROPOSALS AND QUANTITATIVE COMMIT-
MENTS MADE IN THE EMPLOYMENT PLAN AND UNITED STATES JOBS PLANS AND RELE-
VANT LOCAL HIRING ADDENDA. THE DEPARTMENT SHALL ALSO UTILIZE AN INTERNAL
ACCOUNTING SYSTEM ALLOWING FOR SEGREGATING AND AUDITING OF WORKERS'
HOURS AND COSTS SUCH AS THOSE OF NEW HIRES AND INCUMBENT WORKERS PURSU-
ANT TO EMPLOYMENT PLAN COMMITMENTS.
(II) THE DEPARTMENTAL WORKBOOK SHALL ALSO ACCOUNT FOR PROPOSED
IN-STATE FACILITY COMMITMENTS RELATED TO MANUFACTURING OF ZERO-EMISSION
BUSES AND CHARGING INFRASTRUCTURE. THE WORKBOOK SHALL INCLUDE A METHOD
TO EVALUATE: (1) THE ACTIVITY PERFORMED AT THE FACILITY; (2) IF THE
FACILITY IS CONSTRUCTED OR REHABILITATED TO MANUFACTURE ZERO-EMISSION
BUSES OR CHARGING INFRASTRUCTURE; (3) NAICS CODE ASSOCIATED WITH THE
FACILITY'S PRIMARY INDUSTRIAL ACTIVITIES; (4) IF THE SITE IS LOCATED IN
A BROWNFIELD LOCATION; (5) IF THE FACILITY IS LEASED OR PURCHASED; AND
(6) ANY OTHER FEES OR COSTS ASSOCIATED WITH THE PROPOSED FACILITY.
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.
§ 7. 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 or
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.
§ 8. This act shall take effect immediately, provided, however, that
sections six and seven of this act shall take effect on the ninetieth
day after it shall have become a law; provided, further, that the amend-
ments to section 104 of the general municipal law made by section four
of this act shall be subject to the expiration and reversion of such
section pursuant to section 9 of subpart A of part C of chapter 97 of
the laws of 2011, as amended, when upon such date the provisions of
section five of this act shall take effect. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.