S T A T E O F N E W Y O R K
________________________________________________________________________
3273
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee on Governmental Operations
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. Subdivision 11 of section 201-a of the executive law, as
added by chapter 836 of the laws of 2022, is amended to read as follows:
11. a. (I) The commissioner of general services shall include require-
ments in any procurement for the manufacturing or retrofitting of zero
emission vehicles and charging or fueling infrastructure that the compo-
nents and parts used or supplied in the performance of the contract or
any subcontract thereto shall be produced [or made in whole or substan-
tial part] in the United States, its territories or possessions and that
final assembly of the zero emission vehicles and charging or fueling
infrastructure shall occur in the United States, its territories or
possessions; EXCEPT AS OTHERWISE PROVIDED HEREIN. AS USED IN THIS SUBDI-
VISION, THE TERM "PRODUCED IN THE UNITED STATES" SHALL HAVE THE SAME
MEANING AS SUCH TERM IS DEFINED IN SECTION 70911 OF THE "BUILD AMERICA,
BUY AMERICA ACT" (PUB. L. 117-58, DIV. G, TITLE IX, NOV. 15, 2021, 135
STAT. 1294, 1297).
(II) NOTWITHSTANDING ANY CONTRARY PROVISION OF SUBPARAGRAPH (I) OF
THIS PARAGRAPH, NO REQUIREMENT THAT FINAL ASSEMBLY OF THE ZERO EMISSION
VEHICLES AND CHARGING OR FUELING INFRASTRUCTURE SHALL OCCUR IN THE
UNITED STATES, ITS TERRITORIES OR POSSESSIONS SHALL BE INCLUDED IN ANY
PROCUREMENT CONTRACT UNTIL AT LEAST ONE YEAR SHALL HAVE ELAPSED FOLLOW-
ING THE EFFECTIVE DATE OF THIS SUBDIVISION.
b. (I) 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03596-01-3
A. 3273 2
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
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.
(II) THE CONTRACTING REQUIREMENTS SET FORTH IN PARAGRAPH A OF THIS
SUBDIVISION WILL RESULT IN "UNREASONABLE COSTS" OR INCREASE THE COST OF
THE CONTRACT BY AN "UNREASONABLE AMOUNT" FOR THE PURPOSES OF SUBPARA-
GRAPH (I) OF THIS PARAGRAPH IF THE INCLUSION OF THE ZERO EMISSION VEHI-
CLES AND CHARGING OR FUELING INFRASTRUCTURE PRODUCED IN THE UNITED
STATES WILL INCREASE THE COSTS OF THE OVERALL CONTRACT BY MORE THAN
TWENTY-FIVE PERCENT; PROVIDED, HOWEVER, THAT LABOR COSTS INVOLVED IN THE
FINAL ASSEMBLY OF ANY SUCH ZERO EMISSION VEHICLES AND CHARGING OR FUEL-
ING INFRASTRUCTURE SHALL NOT BE INCLUDED IN ANY CALCULATION MADE PURSU-
ANT TO THIS SUBPARAGRAPH.
C. NOTWITHSTANDING ANY CONTRARY PROVISION OF SUBPARAGRAPH (I) OF PARA-
GRAPH B OF THIS SUBDIVISION, THE CONTRACTING REQUIREMENTS OF PARAGRAPH A
OF THIS SUBDIVISION SHALL NOT APPLY TO ANY COMPONENTS AND PARTS OF ZERO
EMISSION VEHICLES AND CHARGING OR FUELING INFRASTRUCTURE THAT ARE
SUBJECT TO A WAIVER ISSUED BY A FEDERAL AGENCY PURSUANT TO SUBSECTION
(B) OF SECTION 70914 OF THE BUILD AMERICA, BUY AMERICA ACT (PUB. L.
117-58; 135 STAT. 1294, 1298), SUBSECTION (G) OF SECTION 313 OF TITLE 23
OF THE UNITED STATES CODE, AS AMENDED BY PUBLIC LAW 117-58 (135 STAT.
595-596), OR ANY SIMILAR EXEMPTION FROM THE PROVISIONS OF ANY "BUY AMER-
ICA LAW" AS DEFINED IN SUBSECTION (A) OF SECTION 70916 OF THE BUILD
AMERICA, BUY AMERICA ACT, NOR SHALL ANY SUCH COMPONENTS OR PARTS BE
SUBJECT TO A DETERMINATION BY THE COMMISSIONER OF GENERAL SERVICES
PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH B OF THIS SUBDIVISION WHILE A
WAIVER FROM FEDERAL DOMESTIC PROCUREMENT REQUIREMENTS IS IN EFFECT WITH
RESPECT THERETO.
§ 2. This act shall take effect immediately.