The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10450
 
                           I N  A S S E M B L Y
 
                               May 24, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Fahy) --
   read once and referred to the Committee on Ways and Means
 
 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
 LEADING  TO  SUCH DETERMINATION. IF THE COMMISSIONER OF GENERAL SERVICES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06578-11-2
 A. 10450                            2
 
 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.