Senate Bill S3405

                            
 
                     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.