S T A T E O F N E W Y O R K
________________________________________________________________________
9315--B
I N A S S E M B L Y
February 23, 2022
___________
Introduced by M. of A. STERN, THIELE -- read once and referred to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to zero-
emissions for trains
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading and subdivision 1 of section 19-0306-b
of the environmental conservation law, as amended by chapter 109 of the
laws of 2022, are amended to read as follows:
Zero-emissions cars [and], trucks AND TRAINS.
1. (A) It shall be a goal of the state that one hundred percent of new
passenger cars and trucks offered for sale or lease, or sold, or leased,
for registration in the state shall be zero-emissions by two thousand
thirty-five.
(B) IT SHALL BE A FURTHER GOAL OF THE STATE THAT ONE HUNDRED PERCENT
OF TRAINS PURCHASED BY THE STATE OR ANY PUBLIC AUTHORITY THEREOF FOR
COMMUTER RAIL SERVICE AS DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF
SECTION NINETY-SEVEN-A OF THE RAILROAD LAW, BE ZERO-EMISSIONS BY TWO
THOUSAND THIRTY-FIVE.
(I) PROVIDED, ANY STATE OR PUBLIC AUTHORITY THEREOF SUBJECT TO THE
PROVISIONS OF THIS SECTION SHALL ENSURE THAT SUCH CONTRACT FOR THE
PROCUREMENT OF TRAINS, CHARGING INFRASTRUCTURE OR EQUIPMENT AND FUELING
INFRASTRUCTURE OR EQUIPMENT SHALL CONTAIN A PROVISION THAT SUCH TRAINS,
CHARGING INFRASTRUCTURE OR EQUIPMENT AND FUELING INFRASTRUCTURE OR
EQUIPMENT ARE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE
UNITED STATES, ITS TERRITORIES OR POSSESSIONS.
(II) THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY BE
WAIVED BY THE HEAD OF THE COVERED ENTITY IN CONSULTATION WITH THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, DETERMINES THAT
THE PROVISIONS WOULD NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN
UNREASONABLE COSTS, OR THAT OBTAINING SUCH TRAINS, CHARGING INFRASTRUC-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14634-07-2
A. 9315--B 2
TURE OR EQUIPMENT AND FUELING INFRASTRUCTURE OR EQUIPMENT MADE IN THE
UNITED STATES WOULD INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE
AMOUNT, OR SUCH PRODUCTS CANNOT BE PRODUCED OR MADE IN THE UNITED STATES
IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF SATISFACTORY
QUALITY. SUCH DETERMINATION MUST BE MADE ON AN ANNUAL BASIS NO LATER
THAN DECEMBER THIRTY-FIRST AFTER PROVIDING NOTICE AND AN OPPORTUNITY FOR
PUBLIC COMMENT, AND BE MADE PUBLICLY AVAILABLE, IN WRITING, ON THE
APPLICABLE COVERED ENTITY'S WEBSITE WITH A DETAILED EXPLANATION OF THE
FINDINGS LEADING TO SUCH DETERMINATION. IF THE HEAD OF THE COVERED ENTI-
TY HAS ISSUED DETERMINATIONS FOR THREE CONSECUTIVE YEARS THAT NO SUCH
WAIVER IS WARRANTED PURSUANT TO THIS PARAGRAPH, THEN THE HEAD OF SUCH
COVERED ENTITY SHALL NO LONGER BE REQUIRED TO PROVIDE THE ANNUAL DETER-
MINATION REQUIRED BY THIS PARAGRAPH.
(III) NOTHING IN THIS SECTION SHALL ALTER THE RIGHTS OR BENEFITS, AND
PRIVILEGES, INCLUDING, BUT NOT LIMITED TO TERMS AND CONDITIONS OF
EMPLOYMENT, CIVIL SERVICE STATUS, AND COLLECTIVE BARGAINING UNIT MEMBER-
SHIP, OF ANY CURRENT EMPLOYEES IMPACTED BY THE PROPOSED PURCHASE
CONTAINED IN THIS PROVISION. NOTHING IN THIS SECTION SHALL RESULT IN:
DISCHARGE, DISPLACEMENT, OR LOSS OF POSITION, INCLUDING PARTIAL
DISPLACEMENT SUCH AS REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES,
OR EMPLOYMENT BENEFITS; THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING
AGREEMENTS; THE TRANSFER OF EXISTING DUTIES AND FUNCTIONS; OR THE TRANS-
FER OF FUTURE DUTIES OR FUNCTIONS, OF ANY CURRENTLY EMPLOYED WORKER
IMPACTED BY THE PROPOSED PURCHASE WHO AGREES TO BE RETAINED. PRIOR TO
THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ZERO-EMISSION TRAINS,
CHARGING INFRASTRUCTURE OR EQUIPMENT, FUELING INFRASTRUCTURE OR EQUIP-
MENT, OR OTHER EQUIPMENT, THE COVERED ENTITY SHALL CREATE AND IMPLEMENT
A WORKFORCE DEVELOPMENT REPORT THAT: ESTIMATES THE NUMBER OF CURRENT
POSITIONS THAT WOULD BE ELIMINATED OR SUBSTANTIALLY CHANGED AS A RESULT
OF THE PURCHASE; IDENTIFIES GAPS IN SKILLS OF ITS CURRENT WORKFORCE THAT
ARE NEEDED TO OPERATE AND MAINTAIN ZERO-EMISSION TRAINS, CHARGING
INFRASTRUCTURE OR EQUIPMENT, FUELING INFRASTRUCTURE OR EQUIPMENT, OR
OTHER EQUIPMENT; INCLUDES A COMPREHENSIVE PLAN TO TRANSITION, TRAIN OR
RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE; AND
CONTAINS AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETAIN EMPLOYEES
THAT ARE IMPACTED BY THE PROPOSED PURCHASE. NOTHING IN THIS SECTION
SHALL LIMIT THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING
AGREEMENT OR ALTER THE EXISTING REPRESENTATIONAL RELATIONSHIP AMONG
COLLECTIVE BARGAINING REPRESENTATIVES OR THE BARGAINING REPRESENTATIVE.
EMPLOYEES OF PUBLIC ENTITIES SERVING IN POSITIONS IN NEWLY CREATED
TITLES SHALL BE ASSIGNED TO THE APPROPRIATE BARGAINING UNIT. PRIOR TO
BEGINNING THE PROCUREMENT PROCESS FOR ZERO-EMISSION TRAINS, CHARGING
INFRASTRUCTURE OR EQUIPMENT, FUELING INFRASTRUCTURE OR EQUIPMENT, OR
OTHER EQUIPMENT, ANY EMPLOYER OF WORKERS COVERED BY THIS SECTION SHALL
INFORM ITS EMPLOYEES' COLLECTIVE BARGAINING REPRESENTATIVE OF ANY POTEN-
TIAL IMPACT ON ITS MEMBERS OR UNIT, INCLUDING POSITIONS THAT MAY BE
AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE.
(C) It shall be a further goal of the state that one hundred percent
of medium-duty and heavy-duty vehicles offered for sale or lease, or
sold, or leased, for registration in the state be zero-emissions by two
thousand forty-five for all operations where feasible. It shall be
further a goal of the state to transition to one hundred percent zero-
emissions from new off-road vehicles and equipment purchased beginning
in two thousand thirty-five, where feasible.
§ 2. This act shall take effect immediately.