NY State Senate Bill 2021-S3405

Senate Bill S3405

2021-2022 Legislative Session

Relates to procurement of contract proposals for zero-emission buses for public transportation systems

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jan 29, 2021	referred to transportation

co-Sponsors

View additional co-sponsors

2021-S3405 (ACTIVE) - Details

See Assembly Version of this Bill:: A2083
Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Add §18-c, Transp L
Versions Introduced in 2019-2020 Legislative Session:: S8548, A10559

2021-S3405 (ACTIVE) - Summary

Requires a best-value contracting framework when evaluating procurement contract proposals for zero-emission buses and charging equipment.

2021-S3405 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3405

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the transportation law, in relation to procurement of
contract proposals for zero-emission buses

 
PURPOSE:

This bill would require public transportation systems in their evalu-
ation of ,procurement contract proposals for the purchase of zero-emis-
sion buses and charging equipment to use a system that incorporates a
best-value contracting framework. Such framework shall prioritize
proposed contracts that include: an employment plan (which shall include
worker wages, benefits, a commitment., to create jobs for under repres-
ented individuals, etc.), a commitment to consider the community that
surrounds such offeror's facility and a description of efforts by the
offeror to mitigate its impact on climate change.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one, subdivision one requires that the evaluation process for
procurement contract proposals for the purchase of zero-emission busses
and charging equipment include a "best-value" framework. A best-value
framework is one that prioritizes proposed contracts that include: an
employment plan (which shall include worker wages, benefits, a commit-
ment to create jobs for under represented individuals, etc.), a commit-
ment to consider the community that surrounds such offeror's facility
and a description of, efforts by the offeror to mitigate its impact on
climate change.

Section one, subdivision two establishes that a notice must be provided
to offerors stating that information related to employment and other
reports are Subject to disclosure under the Freedom of Information Law,
and that the final contract and compliance documents. shall be made
available to the public Online.ò

Section one, subdivision four states that the section shall be subject
to the provisions of section one hundred thirty-nine-i of the state
finance law ,- *Lich pertains to notifying and encouraging the use of
New York, state subcontractors.

Section one, Subdivision five states that the Department of Transporta-
tion Shall promulgate regulations to establish the forms, manner and
process by Which offerors shall submit contract proposals pursuant to
this section.

Section one, subdivision six states that public transportation systems
that enter into a contract for zero emission buses shall issue quarterly
report's to the commissioner for the first year of the contract and
annually thereafter to the commissioner and elected officials section
two sets forth that that the provisions of this act shall be severable.

Section three sets forth the effective date.

 
JUSTIFICATION:


Over the past eight years, 11 procurements by four transit agencies have
utilized an evaluation processes for suppliers and procurement contracts
that have secured the creation of over 1,030 direct jobs and supported
thousands more throughout the supply chain. From the Northeast Corridor
to the West Coast, labor requirements and employment plans similar to
the provisions of this bill have been included in over $7 billion worth
of transportation projects.

In a 2016 RFP, the Metropolitan Transportation Authority required a
range of employment opportunities to be created and retained in
connection with the production, delivery, testing, and warranty coverage
requirements of the contract to be included in bids.  Offerors were also
required to describe the direct dollar value and the fringe benefit
costs for those jobs, and the commitment the offeror would make to
achieve that level of job creation/retention. The $3.7 billion contract
for 1,612 subway cars was awarded to Kawasaki Rail Car to manufacture
cars in both Yonkers, NY and Lincoln, NE. The contract also contained a
plan to increase and retain employment at for Alstom, a major supplier
in Hornell and Rochester, NY. This legislation would ensure that our
move towards a pollution-free transportation system also supports
sustainable labor practices.

 
LEGISLATIVE HISTORY:

2020: S.8548 Referred to Transportation, A.10559 Referred to RO.PS

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3405 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3405
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sens.  KENNEDY,  BAILEY,  GOUNARDES,  HOYLMAN, KAMINSKY,
   KAPLAN, KRUEGER, MAY, THOMAS -- read twice and  ordered  printed,  and
   when printed to be committed 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;
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05761-01-1

 S. 3405                             2
 
   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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.