The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9382
 
                             I N  S E N A T E
 
                               May 23, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the executive law, in relation to the purchase or lease
   of zero emission vehicles for state-owned vehicle fleets
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 201-a of the executive law is amended by adding two
 new subdivisions 11 and 12 to read as follows:
   11. A. THE COMMISSIONER OF GENERAL SERVICES SHALL INCLUDE REQUIREMENTS
 IN  ANY  PROCUREMENT FOR THE MANUFACTURING OR RETROFITTING OF ZERO EMIS-
 SION VEHICLES AND CHARGING OR FUELING INFRASTRUCTURE THAT THE COMPONENTS
 AND PARTS USED OR SUPPLIED IN THE PERFORMANCE OF  THE  CONTRACT  OR  ANY
 SUBCONTRACT  THERETO  SHALL  BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL
 PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS AND THAT FINAL
 ASSEMBLY OF THE ZERO EMISSION VEHICLES AND CHARGING OR  FUELING  INFRAS-
 TRUCTURE   SHALL   OCCUR  IN  THE  UNITED  STATES,  ITS  TERRITORIES  OR
 POSSESSIONS.
   B. THE COMMISSIONER OF GENERAL SERVICES, IN CONSULTATION WITH THE  NEW
 YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY MAY WAIVE THE
 CONTRACTING REQUIREMENTS SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION IF
 THE COMMISSIONER OF GENERAL SERVICES DETERMINES  THAT  THE  REQUIREMENTS
 WOULD NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN UNREASONABLE COSTS,
 OR  THAT  OBTAINING  SUCH ZERO EMISSION VEHICLES AND CHARGING OR FUELING
 INFRASTRUCTURE COMPONENTS AND PARTS IN THE UNITED STATES WOULD  INCREASE
 THE  COST OF A CONTRACT FOR ZERO EMISSION VEHICLES AND CHARGING OR FUEL-
 ING INFRASTRUCTURE BY AN UNREASONABLE  AMOUNT,  OR  SUCH  ZERO  EMISSION
 VEHICLES  AND  CHARGING  OR  FUELING INFRASTRUCTURE COMPONENTS AND PARTS
 CANNOT BE PRODUCED, MADE, OR ASSEMBLED IN THE UNITED  STATES  IN  SUFFI-
 CIENT  AND  REASONABLY  AVAILABLE QUANTITIES OR OF SATISFACTORY QUALITY.
 SUCH DETERMINATION MUST BE MADE ON AN ANNUAL BASIS NO LATER THAN  DECEM-
 BER  THIRTY-FIRST  AFTER  PROVIDING NOTICE AND AN OPPORTUNITY FOR PUBLIC
 COMMENT, AND BE MADE PUBLICLY AVAILABLE, IN WRITING, ON  THE  OFFICE  OF
 GENERAL  SERVICES'  WEBSITE  WITH A DETAILED EXPLANATION OF THE FINDINGS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06578-11-2
 S. 9382                             2

 LEADING TO SUCH DETERMINATION. IF THE COMMISSIONER OF  GENERAL  SERVICES
 HAS ISSUED DETERMINATIONS FOR THREE CONSECUTIVE YEARS THAT NO SUCH WAIV-
 ER  IS  WARRANTED  PURSUANT  TO THIS PARAGRAPH, THEN THE COMMISSIONER OF
 GENERAL  SERVICES  SHALL  NO  LONGER  BE  REQUIRED TO PROVIDE THE ANNUAL
 DETERMINATION REQUIRED BY THIS PARAGRAPH.
   12. A. NOTHING IN THIS SECTION SHALL ALTER THE RIGHTS OR BENEFITS, AND
 PRIVILEGES, INCLUDING BUT NOT LIMITED TO TERMS AND CONDITIONS OF EMPLOY-
 MENT, CIVIL SERVICE STATUS, AND COLLECTIVE BARGAINING  UNIT  MEMBERSHIP,
 OF ANY CURRENT EMPLOYEES OF THE STATE OR ANY AGENCY OR PUBLIC AUTHORITY.
   B.  NOTHING  IN  THIS  SECTION  SHALL  RESULT  IN:  (I) THE DISCHARGE,
 DISPLACEMENT, OR LOSS OF POSITION, INCLUDING PARTIAL  DISPLACEMENT  SUCH
 AS  A  REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT
 BENEFITS; (II) THE IMPAIRMENT OF EXISTING COLLECTIVE  BARGAINING  AGREE-
 MENTS;  (III) THE TRANSFER OF EXISTING DUTIES AND FUNCTIONS; OR (IV) THE
 TRANSFER OF FUTURE DUTIES AND FUNCTIONS, OF ANY CURRENTLY EMPLOYED WORK-
 ER OF THE STATE OR ANY AGENCY OR  PUBLIC  AUTHORITY  WHO  AGREES  TO  BE
 RETRAINED.
   C. PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR ZERO EMISSION
 VEHICLES,  THE  OFFICE  OF GENERAL SERVICES SHALL CREATE AND IMPLEMENT A
 WORKFORCE DEVELOPMENT REPORT THAT: (I) ESTIMATES THE NUMBER  OF  CURRENT
 POSITIONS  IN  THE STATE OR AT ANY AGENCY OR PUBLIC AUTHORITY THAT WOULD
 BE ELIMINATED OR SUBSTANTIALLY CHANGED  AS  A  RESULT  OF  THE  PROPOSED
 PURCHASE OR LEASE OF ZERO EMISSION VEHICLES, AND THE NUMBER OF POSITIONS
 EXPECTED  TO  BE CREATED BY THE PURCHASE OR LEASE OVER THE INTENDED LIFE
 OF THE PROPOSED PURCHASE OR LEASE; (II) IDENTIFIES GAPS IN SKILLS OF ITS
 CURRENT WORKFORCE THAT ARE NEEDED TO OPERATE AND MAINTAIN ZERO  EMISSION
 VEHICLES;  (III)  INCLUDES A COMPREHENSIVE PLAN TO TRANSITION, TRAIN, OR
 RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE  OR  LEASE;
 AND  (IV)  CONTAINS AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN
 EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE OR LEASE.
   D. NOTHING IN THIS SECTION SHALL: (I) LIMIT THE  RIGHTS  OF  EMPLOYEES
 PURSUANT  TO A COLLECTIVE BARGAINING AGREEMENT, OR (II) ALTER THE EXIST-
 ING REPRESENTATIONAL RELATIONSHIPS AMONG COLLECTIVE BARGAINING REPRESEN-
 TATIVES OR THE BARGAINING RELATIONSHIPS BETWEEN  THE  EMPLOYER  AND  ANY
 COLLECTIVE BARGAINING REPRESENTATIVE. EMPLOYEES OF PUBLIC ENTITIES SERV-
 ING IN POSITIONS IN NEWLY CREATED TITLES SHALL BE ASSIGNED TO THE APPRO-
 PRIATE BARGAINING UNIT.
   E.  PRIOR TO BEGINNING THE PROCUREMENT PROCESS FOR ZERO EMISSION VEHI-
 CLES, THE OFFICE OF GENERAL SERVICES SHALL INFORM ITS EMPLOYEES' COLLEC-
 TIVE BARGAINING REPRESENTATIVE OF ANY POTENTIAL IMPACT ON ITS MEMBERS OR
 UNIT, INCLUDING POSITIONS THAT MAY BE AFFECTED, ALTERED,  OR  ELIMINATED
 AS A RESULT OF THE PROPOSED PURCHASE OR LEASE.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2022  amending  the  executive  law
 relating  to  the purchase or lease of zero emission vehicles for state-
 owned vehicle fleets, as proposed in legislative bills numbers S. 2838-C
 and A.  2412-B, takes effect.