NY State Senate Bill 2023-S5366A

Senate Bill S5366A

2023-2024 Legislative Session

Relates to the purchase of zero-emission capable hybrid and zero-emission buses; and the procurement of electric-powered buses, vehicles or other related equipment

download bill text pdf

Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Apr 28, 2023	print number 5366a
Apr 28, 2023	amend and recommit to transportation
Mar 03, 2023	referred to transportation

Bill Amendments

Original

A (Active)

2023-S5366 - Details

See Assembly Version of this Bill:: A7731
Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Add §§17-c & 18-c, Transp L; amd §2878-a, Pub Auth L; amd §104, Gen Muni L
Versions Introduced in 2021-2022 Legislative Session:: S8917

2023-S5366 - Summary

Relates to the purchase of zero-emission capable hybrid and zero-emission buses; relates to the procurement of electric-powered buses, vehicles or other related equipment; provides for the repeal of such provisions upon the expiration thereof.

2023-S5366 - Sponsor Memo

                                 
BILL NUMBER: S5366

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the transportation law, in relation to the purchase of
zero-emission capable hybrid and zero-emission buses; and to amend the
public authorities law and the general municipal law, in relation to the
procurement of electric-powered buses, vehicles or other related equip-
ment; and providing for the repeal of such provisions upon the expira-
tion thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To require public transportation systems to purchase zero-emission capa-
ble hybrid buses or zero-emission buses and related equipment and facil-
ities for a five-year period commencing January 1, 2026.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the transportation law to add a new
section 18C to require public transportation systems to purchase only

zero-emission capable hybrid buses or zero-emission buses for the five-
year period commencing January 1, 2026 and ending December 31, 2030.
This section also provides protections to existing transit employees
subject to a collective bargaining agreement.

Section 2 provides that the department of transportation shall consider
the requirement of section one in the formulating of its capital plans
and give preference to systems that are able to demonstrate commitments
made towards purchasing zero-emission capable hybrid buses and zero-em-
ission buses and related equipment and facilities; and provide that the
department of transportation shall facilitate coordination between
certain public transportation systems for purposes of zero-emission bus
purchasing, installation and sharing of services.

Sections 3, 4 and 5 relate to procurement from vendors.

Section 6 of this bill provides for an immediate effective date and the
sunset of the provisions therein on December 31, 2030 at the end of the
five-year period covered by the bill.

 
JUSTIFICATION:

To meet the State's ambitious climate goals in the Climate Leadership
and Community Protection Act (CLCPA), it is critically important to
reduce emissions in the transportation sector. Currently, said sector is
one of New York's largest sources of greenhouse gas emissions, account-
ing for approximately 28 percent of total Statewide emissions.

To help reduce transportation emissions, this bill would require public
transit agencies to stop purchasing conventional diesel buses beginning
January 1, 2026, and purchase only zero-emission capable hybrid buses or
zero-emission buses for the ensuing five-year period.  Zero-emission
capable hybrid buses are capable of operating on demand without the
direct emission of atmospheric pollutants, and being paired with
geofencing technology to automatically shut down the engine and be emis-
sion-free in specified locations. Certain leading public transit agen-
cies in the Northeast - including in Westchester County, Boston, and
Philadelphia - have already stopped purchasing conventional diesel buses
due to their substantial greenhouse gas emissions. However, the vast
majority of public transit agencies here in New York are still predomi-
nantly conventional diesel fleets and continue to purchase significant
numbers of conventional diesel buses year after year. Since the average
life of a transit bus is 12 years, these conventional diesel buses will
continue to be driven on our roads and in our communities for well over
a decade to come.

This bill complements other pending legislation that would require
public transit agencies to purchase only zero-emission buses beginning
January 1, 2030 by creating a transitional five-year period toward the
full zero-emission goal. During this five-year transitional period, the
State will achieve significant emissions reductions in our bus fleets -
while the recharging infrastructure is being fully developed and
installed - and help train and prepare our transit operators and mainte-
nance personnel for the switch to full zero-emission buses in 2030.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S8917 - Died in Transportation

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall sunset on December 31,
2030.

2023-S5366 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5366
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 the  purchase  of
   zero-emission capable hybrid and zero-emission buses; and to amend the
   public  authorities  law and the general municipal law, in relation to
   the procurement of electric-powered buses, vehicles or  other  related
   equipment;  and  providing  for the repeal of such provisions upon the
   expiration thereof
 
   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
 17-c to read as follows:
   § 17-C. ZERO-EMISSION CAPABLE HYBRID BUSES  AND  ZERO-EMISSION  BUSES.
 1. FOR THE FIVE-YEAR PERIOD COMMENCING JANUARY FIRST, TWO THOUSAND TWEN-
 TY-FIVE  AND  ENDING  DECEMBER  THIRTY-FIRST,  TWO THOUSAND TWENTY-NINE,
 EVERY PUBLIC TRANSPORTATION SYSTEM ELIGIBLE TO RECEIVE OPERATING ASSIST-
 ANCE UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF THIS ARTICLE SHALL BE
 REQUIRED TO PURCHASE ONLY ZERO-EMISSION CAPABLE HYBRID BUSES OR ZERO-EM-
 ISSION BUSES AND RELATED EQUIPMENT AND FACILITIES AS PART OF THE  NORMAL
 REPLACEMENT OF ITS FLEET.
   2. (A) FOR PURPOSES OF THIS SECTION "ZERO-EMISSION CAPABLE HYBRID BUS"
 SHALL  MEAN  A  MOTOR  VEHICLE THAT HAS A SEATING CAPACITY OF FIFTEEN OR
 MORE PASSENGERS IN ADDITION TO THE DRIVER AND USED FOR TRANSPORTATION OF
 PERSONS; IS CAPABLE OF BEING PROPELLED BY AN ELECTRIC MOTOR AND  ASSOCI-
 ATED  POWER  ELECTRONICS  WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE
 WHEELS DURING NORMAL VEHICLE OPERATION AND  DRAWS  ELECTRICITY  FROM  AN
 ONBOARD BATTERY OR ELECTRIC GENERATOR; HAS AN INTERNAL COMBUSTION ENGINE
 FOR EXTENDED DRIVING RANGE WHERE RECHARGING INFRASTRUCTURE IS NOT READI-
 LY  ACCESSIBLE,  AND  OTHERWISE AS NEEDED FOR SAFE AND EFFECTIVE TRAVEL;
 AND IS CAPABLE OF OPERATING ON DEMAND WITHOUT DIRECT EMISSION  OF  ATMO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09967-01-3
 S. 5366                             2

 
 SPHERIC POLLUTANTS, AND BEING PAIRED WITH GEOFENCING TECHNOLOGY TO AUTO-
 MATICALLY SHUT DOWN THE ENGINE IN SPECIFIED LOCATIONS.
   (B)  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; 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 OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF ATMOSPHER-
 IC POLLUTANTS.
   3.  (A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, ALL
 RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED.    NOTHING IN THIS SECTION SHALL RESULT IN THE: (I) DISPLACE-
 MENT OF ANY CURRENTLY EMPLOYED WORKER OR  LOSS  OF  POSITION  (INCLUDING
 PARTIAL  DISPLACEMENT  SUCH  AS A REDUCTION IN THE HOURS OF NON-OVERTIME
 WORK, WAGES, OR EMPLOYMENT BENEFITS) OR  RESULT  IN  THE  IMPAIRMENT  OF
 EXISTING  COLLECTIVE  BARGAINING  AGREEMENTS;  (II) TRANSFER OF EXISTING
 DUTIES AND FUNCTIONS RELATED TO  MAINTENANCE  AND  OPERATIONS  CURRENTLY
 PERFORMED  BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY; OR (III) TRANSFER OF  FUTURE  DUTIES  AND  FUNCTIONS  ORDINARILY
 PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (B) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ZERO-EM-
 ISSION CAPABLE HYBRID BUSES AND ZERO-EMISSION BUSES, THE TRANSIT AUTHOR-
 ITY,  AGENCY  OR  MUNICIPALITY  SHALL  CREATE  AND IMPLEMENT A WORKFORCE
 DEVELOPMENT REPORT THAT (I) FORECASTS THE NUMBER  OF  JOBS  PROVIDED  BY
 EXISTING  OMNIBUSES,  ROLLING STOCK, VEHICLES OR EQUIPMENT THAT WOULD BE
 ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE PURCHASE, AS WELL  AS  THE
 NUMBER  OF  JOBS  EXPECTED  TO BE CREATED AT THE TRANSIT PROVIDER BY THE
 PROPOSED PURCHASE OVER A FIVE-YEAR PERIOD FROM THE DATE OF THE  PUBLICA-
 TION OF THE WORKFORCE DEVELOPMENT REPORT, (II) IDENTIFIES GAPS IN SKILLS
 NEEDED  TO  OPERATE  AND  MAINTAIN  THE NEW ZERO-EMISSION CAPABLE HYBRID
 BUSES AND ZERO-EMISSION BUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIP-
 MENT, (III) INCLUDES A  COMPREHENSIVE  PLAN  TO  TRANSITION,  TRAIN,  OR
 RETRAIN  EMPLOYEES  THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND (IV)
 CONTAINS AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN  EMPLOYEES
 THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C)  NOTHING  CONTAINED  HEREIN  SHALL  BE CONSTRUED TO AFFECT (I) THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN  THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ZERO-EMISSION CAPABLE HYBRID BUSES  AND  ZERO-EMIS-
 SION  BUSES,  ROLLING  STOCK, VEHICLES OR RELATED EQUIPMENT, THE TRANSIT
 AUTHORITY, AGENCY OR MUNICIPALITY SHALL INFORM THE RESPECTIVE COLLECTIVE
 BARGAINING AGENT OF ANY POTENTIAL JOBS THAT MAY BE AFFECTED, ALTERED, OR
 ELIMINATED AS A RESULT OF THE PURCHASE, AND  IT  SHALL  BE  A  MANDATORY
 SUBJECT FOR COLLECTIVE BARGAINING.
   § 2. The transportation law is amended by adding a new section 18-c to
 read as follows:
   §  18-C.  CAPITAL  PLAN  REQUIREMENTS.  IN  FORMULATING  THE FIVE-YEAR
 DEPARTMENT OF TRANSPORTATION CAPITAL PLANS, THE  DEPARTMENT  SHALL:  (A)
 CONSIDER  THE  REQUIREMENT OF SECTION SEVENTEEN-C OF THIS ARTICLE IN ITS
 DISBURSEMENT OF PAYMENT FOR THE COSTS  OF  MASS  TRANSPORTATION  CAPITAL
 S. 5366                             3

 PROJECTS  AND  FACILITIES AND GIVE PREFERENCE IN THE FORM OF PAYMENTS TO
 PUBLIC TRANSPORTATION SYSTEMS ELIGIBLE TO RECEIVE  OPERATING  ASSISTANCE
 UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF THIS ARTICLE THAT ARE ABLE
 TO DEMONSTRATE COMMITMENTS MADE TOWARDS PURCHASING ZERO-EMISSION CAPABLE
 HYBRID  BUSES  AND ZERO-EMISSION BUSES AND RELATED EQUIPMENT AND FACILI-
 TIES; AND (B) FACILITATE FOR PURPOSES  OF  MEETING  THE  REQUIREMENT  OF
 SECTION  SEVENTEEN-C  OF  THIS  ARTICLE  THE COORDINATION OF PURCHASING,
 INSTALLATION AND SHARING SERVICES BETWEEN PUBLIC TRANSPORTATION  SYSTEMS
 SERVING PRIMARILY OUTSIDE THE CITY OF NEW YORK.
   § 3. Section 2878-a of the public authorities law is amended by adding
 a new subdivision 3 to read as follows:
   3.  (A) A TRANSPORTATION AUTHORITY ESTABLISHED UNDER THIS CHAPTER MAY,
 BY RESOLUTION APPROVED BY A TWO-THIRDS  VOTE  OF  ITS  MEMBERS  THEN  IN
 OFFICE,  OR  BY A DECLARATION THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
 INAPPROPRIATE WITH RESPECT TO ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK,
 VEHICLES OR OTHER  RELATED  EQUIPMENT  BECAUSE  THE  ITEM  IS  AVAILABLE
 THROUGH  AN  EXISTING  CONTRACT  BETWEEN A VENDOR AND (I) ANOTHER PUBLIC
 AUTHORITY PROVIDED THAT SUCH  OTHER  AUTHORITY  UTILIZED  A  PROCESS  OF
 COMPETITIVE  BIDDING  OR A PROCESS OF COMPETITIVE REQUESTS FOR PROPOSALS
 TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW YORK, OR (III) A POLI-
 TICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED THAT  IN  ANY  CASE
 WHEN UNDER THIS SUBDIVISION THE AUTHORITY DETERMINES THAT OBTAINING SUCH
 ITEM  THEREBY WOULD BE IN THE PUBLIC INTEREST AND SETS FORTH THE REASONS
 FOR SUCH DETERMINATION. THE AUTHORITY SHALL ACCEPT  SOLE  RESPONSIBILITY
 FOR  ANY PAYMENT DUE THE VENDOR AS A RESULT OF THE AUTHORITY'S ORDER. IN
 EACH CASE WHERE THE AUTHORITY DECLARES COMPETITIVE  BIDDING  IMPRACTICAL
 OR  INAPPROPRIATE,  IT  SHALL  STATE  THE REASON THEREFOR IN WRITING AND
 SUMMARIZE ANY NEGOTIATIONS THAT HAVE BEEN CONDUCTED. THE AUTHORITY SHALL
 NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVISION EARLIER THAN  THIRTY
 DAYS  FROM  THE  DATE  ON  WHICH THE AUTHORITY DECLARES THAT COMPETITIVE
 BIDDING IS  IMPRACTICAL  OR  INAPPROPRIATE.  ALL  PROCUREMENTS  APPROVED
 PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
 THE  DEPARTMENT  OF  AUDIT  AND  CONTROL OR ANY SUCCESSOR AGENCIES.  FOR
 PURPOSES OF  THIS  SUBDIVISION,  "TRANSPORTATION  AUTHORITY"  SHALL  NOT
 INCLUDE  TRANSPORTATION  AUTHORITIES  GOVERNED UNDER TITLES NINE, NINE-A
 AND ELEVEN OF ARTICLE FIVE OF THIS CHAPTER OR  TITLE  THREE  OF  ARTICLE
 THREE  OF THIS CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-
 POWERED OMNIBUSES" SHALL INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHER-
 WISE CONTROLLED BY THE AUTHORITY THAT OTHERWISE MEETS THE DEFINITION  OF
 BUS  PROVIDED  IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND TRAFFIC
 LAW THAT IS PROPELLED BY AN ELECTRIC MOTOR AND  ASSOCIATED  POWER  ELEC-
 TRONICS  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 OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
 ATMOSPHERIC POLLUTANTS.
   (B) (I) NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  ALL
 RIGHTS  OR  BENEFITS,  INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
 PROTECTION OF CIVIL SERVICE AND  COLLECTIVE  BARGAINING  STATUS  OF  ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED.  NOTHING IN THIS SECTION SHALL RESULT IN THE:  (1)  DISPLACE-
 MENT  OF  ANY  CURRENTLY  EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING
 PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE  HOURS  OF  NON-OVERTIME
 WORK,  WAGES,  OR  EMPLOYMENT  BENEFITS,  OR RESULT IN THE IMPAIRMENT OF
 EXISTING COLLECTIVE BARGAINING  AGREEMENTS;  (2)  TRANSFER  OF  EXISTING
 DUTIES  AND  FUNCTIONS  RELATED  TO MAINTENANCE AND OPERATIONS CURRENTLY
 S. 5366                             4
 
 PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A  CONTRACTING
 ENTITY;  OR  (3)  TRANSFER  OF  FUTURE  DUTIES  AND FUNCTIONS ORDINARILY
 PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II)  PRIOR  TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ELEC-
 TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES  OR  RELATED  EQUIPMENT,
 THE  AUTHORITY SHALL CREATE AND IMPLEMENT A WORKFORCE DEVELOPMENT REPORT
 THAT (1) FORECASTS THE NUMBER OF JOBS PROVIDED  BY  EXISTING  OMNIBUSES,
 ROLLING  STOCK,  VEHICLES  OR  EQUIPMENT  THAT  WOULD  BE  ELIMINATED OR
 SUBSTANTIALLY CHANGED AFTER THE PURCHASE, AS WELL AS THE NUMBER OF  JOBS
 EXPECTED  TO BE CREATED AT THE AUTHORITY BY THE PROPOSED PURCHASE OVER A
 FIVE-YEAR PERIOD FROM THE DATE  OF  THE  PUBLICATION  OF  THE  WORKFORCE
 DEVELOPMENT  REPORT, (2) IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND
 MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES  OR
 RELATED  EQUIPMENT,  (3)  INCLUDES  A  COMPREHENSIVE PLAN TO TRANSITION,
 TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED  PURCHASE,
 AND  (4)  CONTAINS  AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN
 EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C) NOTHING CONTAINED HEREIN SHALL BE  CONSTRUED  TO  AFFECT  (I)  THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE  ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN THE
 EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING  THE  PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR  RELATED  EQUIPMENT,  THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
 THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY  POTENTIAL  JOBS  THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   §  4.  Section 104 of the general municipal law is amended by adding a
 new subdivision 3 to read as follows:
   3. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE  OF
 THIS  ARTICLE  OR  OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF
 EXECUTIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES  A
 PUBLIC  TRANSPORTATION  SYSTEM  IS AUTHORIZED TO MAKE PURCHASES OF ELEC-
 TRIC-POWERED OMNIBUSES OR OTHER  RELATED  EQUIPMENT  UPON  A  RESOLUTION
 APPROVED  BY  A  TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE
 ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND  (I)
 A  PUBLIC  AUTHORITY  OF  THE  STATE  PROVIDED THAT SUCH OTHER AUTHORITY
 UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A  PROCESS  OF  COMPETITIVE
 REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW
 YORK,  OR  (III)  A  POLITICAL  SUBDIVISION  OF  THE  STATE OF NEW YORK,
 PROVIDED THAT IN ANY CASE WHEN  UNDER  THIS  SUBDIVISION  THE  POLITICAL
 SUBDIVISION  DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE
 PUBLIC INTEREST AND SETS FORTH THE REASONS FOR SUCH  DETERMINATION.  THE
 POLITICAL  SUBDIVISION  SHALL  NOT  AWARD  ANY CONTRACT PURSUANT TO THIS
 SUBDIVISION EARLIER THAN THIRTY DAYS FROM THE DATE ON  WHICH  THE  POLI-
 TICAL  SUBDIVISION  DECLARES  THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
 INAPPROPRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
 THE POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE  DEPARTMENT
 OF  AUDIT  AND  CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVI-
 SION, "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPOR-
 TATION SYSTEM" SHALL NOT  INCLUDE  TRANSPORTATION  AUTHORITIES  GOVERNED
 UNDER  TITLES  NINE,  NINE-A  AND  ELEVEN  OF ARTICLE FIVE OF THE PUBLIC
 AUTHORITIES LAW OR TITLE THREE OF ARTICLE THREE OF THE  PUBLIC  AUTHORI-
 TIES  LAW. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED OMNI-
 BUSES"  SHALL  INCLUDE  ANY  BUS  OWNED,  LEASED,  RENTED  OR  OTHERWISE
 CONTROLLED  BY  THE POLITICAL SUBDIVISION THAT OTHERWISE MEETS THE DEFI-
 S. 5366                             5
 
 NITION OF BUS PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND
 TRAFFIC LAW THAT 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 OTHERWISE OPERATES WITHOUT DIRECT EMISSION  OF
 ATMOSPHERIC POLLUTANTS.
   (B)  (I)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ALL
 RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED.    NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACE-
 MENT OF ANY CURRENTLY EMPLOYED WORKER OR  LOSS  OF  POSITION,  INCLUDING
 PARTIAL  DISPLACEMENT  SUCH  AS A REDUCTION IN THE HOURS OF NON-OVERTIME
 WORK, WAGES, OR EMPLOYMENT BENEFITS, OR  RESULT  IN  THE  IMPAIRMENT  OF
 EXISTING  COLLECTIVE  BARGAINING  AGREEMENTS;  (2)  TRANSFER OF EXISTING
 DUTIES AND FUNCTIONS RELATED TO  MAINTENANCE  AND  OPERATIONS  CURRENTLY
 PERFORMED  BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY; OR (3)  TRANSFER  OF  FUTURE  DUTIES  AND  FUNCTIONS  ORDINARILY
 PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II)  PRIOR  TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ELEC-
 TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES  OR  RELATED  EQUIPMENT,
 THE  TRANSIT  AGENCY  OR MUNICIPALITY SHALL CREATE AND IMPLEMENT A WORK-
 FORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER OF JOBS  PROVIDED
 BY  EXISTING  OMNIBUSES, ROLLING STOCK, VEHICLES OR EQUIPMENT THAT WOULD
 BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE PURCHASE,  AS  WELL  AS
 THE NUMBER OF JOBS EXPECTED TO BE CREATED AT THE TRANSIT PROVIDER BY THE
 PROPOSED  PURCHASE OVER A FIVE-YEAR PERIOD FROM THE DATE OF THE PUBLICA-
 TION OF THE WORKFORCE DEVELOPMENT REPORT, (2) IDENTIFIES GAPS IN  SKILLS
 NEEDED TO OPERATE AND MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLL-
 ING  STOCK,  VEHICLES OR RELATED EQUIPMENT, (3) INCLUDES A COMPREHENSIVE
 PLAN TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE
 PROPOSED PURCHASE, AND (4) CONTAINS AN ESTIMATED BUDGET  TO  TRANSITION,
 TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C)  NOTHING  CONTAINED  HEREIN  SHALL  BE CONSTRUED TO AFFECT (I) THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN  THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR  MUNICIPALITY  SHALL  INFORM
 THE  RESPECTIVE  COLLECTIVE  BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   § 5. Section 104 of the general municipal law, as amended  by  section
 27  of  part  L of chapter 55 of the laws of 2012, is amended to read as
 follows:
   § 104. Purchase through office of general services. 1. Notwithstanding
 the provisions of section one hundred three of this article  or  of  any
 other  general,  special or local law, any officer, board or agency of a
 political subdivision, of a district therein, of a fire company or of  a
 voluntary  ambulance  service is authorized to make purchases of commod-
 ities and services available pursuant to section one hundred sixty-three
 of the state finance law, may make such purchases through the office  of
 general  services  subject to such rules as may be established from time
 to time pursuant to section one hundred sixty-three of the state finance
 S. 5366                             6
 
 law or through the general services administration pursuant  to  section
 1555  of the federal acquisition streamlining act of 1994, P.L. 103-355;
 provided that any such purchase shall exceed five  hundred  dollars  and
 that  the  political  subdivision,  district,  fire company or voluntary
 ambulance service for which such officer, board  or  agency  acts  shall
 accept sole responsibility for any payment due the vendor. All purchases
 shall  be  subject to audit and inspection by the political subdivision,
 district, fire company or voluntary ambulance service for which made. No
 officer, board or agency of a political subdivision, or a district ther-
 ein, of a fire company or of a voluntary ambulance  service  shall  make
 any  purchase  through such office when bids have been received for such
 purchase by such officer, board or agency, unless such purchase  may  be
 made upon the same terms, conditions and specifications at a lower price
 through  such  office. Two or more fire companies or voluntary ambulance
 services may join in making purchases pursuant to this section, and  for
 the purposes of this section such groups shall be deemed "fire companies
 or voluntary ambulance services."
   2.  (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
 THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL  LAW,  ANY  CHIEF
 EXECUTIVE  OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A
 PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE  PURCHASES  OF  ELEC-
 TRIC-POWERED  OMNIBUSES  OR  OTHER  RELATED  EQUIPMENT UPON A RESOLUTION
 APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN  OFFICE  BECAUSE  THE
 ITEM  IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (A)
 A PUBLIC AUTHORITY OF THE  STATE  PROVIDED  THAT  SUCH  OTHER  AUTHORITY
 UTILIZED  A  PROCESS  OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE
 REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF  NEW
 YORK,  OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED
 THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE  POLITICAL  SUBDIVISION
 DETERMINES  THAT  OBTAINING  SUCH  ITEM  THEREBY  WOULD BE IN THE PUBLIC
 INTEREST AND SETS FORTH THE REASONS FOR SUCH  DETERMINATION.  THE  POLI-
 TICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVI-
 SION  EARLIER  THAN  THIRTY  DAYS  FROM  THE DATE ON WHICH THE POLITICAL
 SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO-
 PRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND  INSPECTION  BY  THE
 POLITICAL  SUBDIVISION  FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT OF
 AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES OF  THIS  SUBDIVISION,
 "POLITICAL  SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPORTATION
 SYSTEM" SHALL NOT  INCLUDE  TRANSPORTATION  AUTHORITIES  GOVERNED  UNDER
 TITLES NINE, NINE-A AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES
 LAW  OR  TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW. FOR
 PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED OMNIBUSES" SHALL INCLUDE
 ANY BUS OWNED, LEASED, RENTED OR OTHERWISE CONTROLLED BY  THE  POLITICAL
 SUBDIVISION  THAT  OTHERWISE  MEETS  THE  DEFINITION  OF BUS PROVIDED IN
 SECTION FIVE HUNDRED NINE-A OF THE  VEHICLE  AND  TRAFFIC  LAW  THAT  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 OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF ATMOSPHER-
 IC POLLUTANTS.
   (B)  (I)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ALL
 RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED.    NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACE-
 S. 5366                             7
 
 MENT OF ANY CURRENTLY EMPLOYED WORKER OR  LOSS  OF  POSITION,  INCLUDING
 PARTIAL  DISPLACEMENT  SUCH  AS A REDUCTION IN THE HOURS OF NON-OVERTIME
 WORK, WAGES, OR EMPLOYMENT BENEFITS, OR  RESULT  IN  THE  IMPAIRMENT  OF
 EXISTING  COLLECTIVE  BARGAINING  AGREEMENTS;  (2)  TRANSFER OF EXISTING
 DUTIES AND FUNCTIONS RELATED TO  MAINTENANCE  AND  OPERATIONS  CURRENTLY
 PERFORMED  BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY; OR (3)  TRANSFER  OF  FUTURE  DUTIES  AND  FUNCTIONS  ORDINARILY
 PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II)  PRIOR  TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ELEC-
 TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES  OR  RELATED  EQUIPMENT,
 THE  TRANSIT  AGENCY  OR MUNICIPALITY SHALL CREATE AND IMPLEMENT A WORK-
 FORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER OF JOBS  PROVIDED
 BY  EXISTING  OMNIBUSES, ROLLING STOCK, VEHICLES OR EQUIPMENT THAT WOULD
 BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE PURCHASE,  AS  WELL  AS
 THE NUMBER OF JOBS EXPECTED TO BE CREATED AT THE TRANSIT PROVIDER BY THE
 PROPOSED  PURCHASE OVER A FIVE-YEAR PERIOD FROM THE DATE OF THE PUBLICA-
 TION OF THE WORKFORCE DEVELOPMENT REPORT, (2) IDENTIFIES GAPS IN  SKILLS
 NEEDED TO OPERATE AND MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLL-
 ING  STOCK,  VEHICLES OR RELATED EQUIPMENT, (3) INCLUDES A COMPREHENSIVE
 PLAN TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE
 PROPOSED PURCHASE, AND (4) CONTAINS AN ESTIMATED BUDGET  TO  TRANSITION,
 TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C)  NOTHING  CONTAINED  HEREIN  SHALL  BE CONSTRUED TO AFFECT (I) THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN  THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR  MUNICIPALITY  SHALL  INFORM
 THE  RESPECTIVE  COLLECTIVE  BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   § 6. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  December  31, 2029; provided, however, that the amend-
 ments to section 104 of the general municipal law made by  section  four
 of  this  act  shall  be subject to the expiration and reversion of such
 section pursuant to section 9 of subpart A of part C of  chapter  97  of
 the  laws  of  2011,  as  amended, when upon such date the provisions of
 section five of this act shall take effect.

2023-S5366A (ACTIVE) - Details

See Assembly Version of this Bill:: A7731
Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Add §§17-c & 18-c, Transp L; amd §2878-a, Pub Auth L; amd §104, Gen Muni L
Versions Introduced in 2021-2022 Legislative Session:: S8917

2023-S5366A (ACTIVE) - Summary

2023-S5366A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5366A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the transportation law, in relation to the purchase of
zero-emission capable hybrid and zero-emission buses; and to amend the
public authorities law and the general municipal law, in relation to the
procurement of electric-powered buses, vehicles or other related equip-
ment; and providing for the repeal of such provisions upon the expira-
tion thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To require public transportation systems to purchase zero-emission capa-
ble hybrid buses or zero-emission buses and related equipment and facil-
ities for a four-year period commencing January 1, 2025.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the transportation law to add a new
section 18C to require public transportation systems to purchase only

zero-emission capable hybrid buses or zero-emission buses for the four-
year period commencing January 1, 2025 and ending December 31, 2028.
This section also provides protections to existing transit employees
subject to a collective bargaining agreement.

Section 2 provides that the department of transportation shall consider
the requirement of section one in the formulating of its capital plans
and give preference to systems that are able to demonstrate commitments
made towards purchasing zero-emission capable hybrid buses and zero-em-
ission buses and related equipment and facilities; and provide that the
department of transportation shall facilitate coordination between
certain public transportation systems for purposes of zero-emission bus
purchasing, installation and sharing of services.

Sections 3, 4 and 5 relate to procurement from vendors.

Section 6 of this bill provides for an immediate effective date and the
sunset of the provisions therein on December 31, 2028 at the end of the
four-year period covered by the bill.

 
JUSTIFICATION:

To meet the State's ambitious climate goals in the Climate Leadership
and Community Protection Act (CLCPA), it is critically important to
reduce emissions in the transportation sector. Currently, said sector is
one of New York's largest sources of greenhouse gas emissions, account-
ing for approximately 28 percent of total Statewide emissions.

To help reduce transportation emissions, this bill would require public
transit agencies to stop purchasing conventional diesel buses beginning
January 1, 2025, and purchase only zero-emission capable hybrid buses or
zero-emission buses for the ensuing four-year period.  Zero-emission
capable hybrid buses are capable of operating on demand without the
direct emission of atmospheric pollutants, and being paired with
geofencing technology to automatically shut down the engine and be emis-
sion-free in specified locations. Certain leading public transit agen-
cies in the Northeast - including in Westchester County, Boston, and
Philadelphia - have already stopped purchasing conventional diesel buses
due to their substantial greenhouse gas emissions. However, the vast
majority of public transit agencies here in New York are still predomi-
nantly conventional diesel fleets and continue to purchase significant
numbers of conventional diesel buses year after year. Since the average
life of a transit bus is 12 years, these conventional diesel buses will
continue to be driven on our roads and in our communities for well over
a decade to come.

This bill complements other pending legislation that would require
public transit agencies to purchase only zero-emission buses beginning
January 1, 2028 by creating a transitional four-year period toward the
full zero-emission goal. During this four-year transitional period, the
State will achieve significant emissions reductions in our bus fleets -
while the recharging infrastructure is being fully developed and
installed - and help train and prepare our transit operators and mainte-
nance personnel for the switch to full zero-emission buses in 2028.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S8917 - Died in Transportation

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed December 31, 2028; provided, however, that the amendments to
section 104 of the general municipal law made by section four of this
act shall be subject to the expiration and reversion of such section
pursuant to section 9 of subpart A of part C of chapter 97 of the laws
of 2011, as amended, when upon such date the pr

2023-S5366A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5366--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the transportation law, in relation to the  purchase  of
   zero-emission capable hybrid and zero-emission buses; and to amend the
   public  authorities  law and the general municipal law, in relation to
   the procurement of electric-powered buses, vehicles or  other  related
   equipment;  and  providing  for the repeal of such provisions upon the
   expiration thereof
 
   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
 17-c to read as follows:
   § 17-C. ZERO-EMISSION CAPABLE HYBRID BUSES  AND  ZERO-EMISSION  BUSES.
 1. FOR THE FOUR-YEAR PERIOD COMMENCING JANUARY FIRST, TWO THOUSAND TWEN-
 TY-FIVE  AND  ENDING  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT,
 EVERY PUBLIC TRANSPORTATION SYSTEM ELIGIBLE TO RECEIVE OPERATING ASSIST-
 ANCE UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF THIS ARTICLE SHALL BE
 REQUIRED TO PURCHASE ONLY ZERO-EMISSION CAPABLE HYBRID BUSES OR ZERO-EM-
 ISSION BUSES AND RELATED EQUIPMENT AND FACILITIES AS PART OF THE  NORMAL
 REPLACEMENT OF ITS FLEET.
   2. (A) FOR PURPOSES OF THIS SECTION "ZERO-EMISSION CAPABLE HYBRID BUS"
 SHALL  MEAN  A  MOTOR  VEHICLE THAT HAS A SEATING CAPACITY OF FIFTEEN OR
 MORE PASSENGERS IN ADDITION TO THE DRIVER AND USED FOR TRANSPORTATION OF
 PERSONS; IS CAPABLE OF BEING PROPELLED BY AN ELECTRIC MOTOR AND  ASSOCI-
 ATED  POWER  ELECTRONICS  WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE
 WHEELS DURING NORMAL VEHICLE OPERATION AND  DRAWS  ELECTRICITY  FROM  AN
 ONBOARD BATTERY OR ELECTRIC GENERATOR; HAS AN INTERNAL COMBUSTION ENGINE
 FOR EXTENDED DRIVING RANGE WHERE RECHARGING INFRASTRUCTURE IS NOT READI-
 LY  ACCESSIBLE,  AND  OTHERWISE AS NEEDED FOR SAFE AND EFFECTIVE TRAVEL;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09967-02-3

 S. 5366--A                          2
 
 AND IS CAPABLE OF OPERATING ON DEMAND WITHOUT DIRECT EMISSION  OF  ATMO-
 SPHERIC POLLUTANTS, AND BEING PAIRED WITH GEOFENCING TECHNOLOGY TO AUTO-
 MATICALLY SHUT DOWN THE ENGINE IN SPECIFIED LOCATIONS.
   (B)  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; 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 OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF ATMOSPHER-
 IC POLLUTANTS.
   3.  (A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, ALL
 RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED.    NOTHING IN THIS SECTION SHALL RESULT IN THE: (I) DISPLACE-
 MENT OF ANY CURRENTLY EMPLOYED WORKER OR  LOSS  OF  POSITION  (INCLUDING
 PARTIAL  DISPLACEMENT  SUCH  AS A REDUCTION IN THE HOURS OF NON-OVERTIME
 WORK, WAGES, OR EMPLOYMENT BENEFITS) OR  RESULT  IN  THE  IMPAIRMENT  OF
 EXISTING  COLLECTIVE  BARGAINING  AGREEMENTS;  (II) TRANSFER OF EXISTING
 DUTIES AND FUNCTIONS RELATED TO  MAINTENANCE  AND  OPERATIONS  CURRENTLY
 PERFORMED  BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY; OR (III) TRANSFER OF  FUTURE  DUTIES  AND  FUNCTIONS  ORDINARILY
 PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (B) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ZERO-EM-
 ISSION CAPABLE HYBRID BUSES AND ZERO-EMISSION BUSES, THE TRANSIT AUTHOR-
 ITY,  AGENCY  OR  MUNICIPALITY  SHALL  CREATE  AND IMPLEMENT A WORKFORCE
 DEVELOPMENT REPORT THAT (I) FORECASTS THE NUMBER  OF  JOBS  PROVIDED  BY
 EXISTING  OMNIBUSES,  ROLLING STOCK, VEHICLES OR EQUIPMENT THAT WOULD BE
 ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE PURCHASE, AS WELL  AS  THE
 NUMBER  OF  JOBS  EXPECTED  TO BE CREATED AT THE TRANSIT PROVIDER BY THE
 PROPOSED PURCHASE OVER A FIVE-YEAR PERIOD FROM THE DATE OF THE  PUBLICA-
 TION OF THE WORKFORCE DEVELOPMENT REPORT, (II) IDENTIFIES GAPS IN SKILLS
 NEEDED  TO  OPERATE  AND  MAINTAIN  THE NEW ZERO-EMISSION CAPABLE HYBRID
 BUSES AND ZERO-EMISSION BUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIP-
 MENT, (III) INCLUDES A  COMPREHENSIVE  PLAN  TO  TRANSITION,  TRAIN,  OR
 RETRAIN  EMPLOYEES  THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND (IV)
 CONTAINS AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN  EMPLOYEES
 THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C)  NOTHING  CONTAINED  HEREIN  SHALL  BE CONSTRUED TO AFFECT (I) THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN  THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ZERO-EMISSION CAPABLE HYBRID BUSES  AND  ZERO-EMIS-
 SION  BUSES,  ROLLING  STOCK, VEHICLES OR RELATED EQUIPMENT, THE TRANSIT
 AUTHORITY, AGENCY OR MUNICIPALITY SHALL INFORM THE RESPECTIVE COLLECTIVE
 BARGAINING AGENT OF ANY POTENTIAL JOBS THAT MAY BE AFFECTED, ALTERED, OR
 ELIMINATED AS A RESULT OF THE PURCHASE, AND  IT  SHALL  BE  A  MANDATORY
 SUBJECT FOR COLLECTIVE BARGAINING.
   § 2. The transportation law is amended by adding a new section 18-c to
 read as follows:
   §  18-C.  CAPITAL  PLAN  REQUIREMENTS.  IN  FORMULATING  THE FIVE-YEAR
 DEPARTMENT OF TRANSPORTATION CAPITAL PLANS, THE  DEPARTMENT  SHALL:  (A)
 CONSIDER  THE  REQUIREMENT OF SECTION SEVENTEEN-C OF THIS ARTICLE IN ITS
 S. 5366--A                          3

 DISBURSEMENT OF PAYMENT FOR THE COSTS  OF  MASS  TRANSPORTATION  CAPITAL
 PROJECTS  AND  FACILITIES AND GIVE PREFERENCE IN THE FORM OF PAYMENTS TO
 PUBLIC TRANSPORTATION SYSTEMS ELIGIBLE TO RECEIVE  OPERATING  ASSISTANCE
 UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF THIS ARTICLE THAT ARE ABLE
 TO DEMONSTRATE COMMITMENTS MADE TOWARDS PURCHASING ZERO-EMISSION CAPABLE
 HYBRID  BUSES  AND ZERO-EMISSION BUSES AND RELATED EQUIPMENT AND FACILI-
 TIES; AND (B) FACILITATE FOR PURPOSES  OF  MEETING  THE  REQUIREMENT  OF
 SECTION  SEVENTEEN-C  OF  THIS  ARTICLE  THE COORDINATION OF PURCHASING,
 INSTALLATION AND SHARING SERVICES BETWEEN PUBLIC TRANSPORTATION  SYSTEMS
 SERVING PRIMARILY OUTSIDE THE CITY OF NEW YORK.
   § 3. Section 2878-a of the public authorities law is amended by adding
 a new subdivision 3 to read as follows:
   3.  (A) A TRANSPORTATION AUTHORITY ESTABLISHED UNDER THIS CHAPTER MAY,
 BY RESOLUTION APPROVED BY A TWO-THIRDS  VOTE  OF  ITS  MEMBERS  THEN  IN
 OFFICE,  OR  BY A DECLARATION THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
 INAPPROPRIATE WITH RESPECT TO ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK,
 VEHICLES OR OTHER  RELATED  EQUIPMENT  BECAUSE  THE  ITEM  IS  AVAILABLE
 THROUGH  AN  EXISTING  CONTRACT  BETWEEN A VENDOR AND (I) ANOTHER PUBLIC
 AUTHORITY PROVIDED THAT SUCH  OTHER  AUTHORITY  UTILIZED  A  PROCESS  OF
 COMPETITIVE  BIDDING  OR A PROCESS OF COMPETITIVE REQUESTS FOR PROPOSALS
 TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW YORK, OR (III) A POLI-
 TICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED THAT  IN  ANY  CASE
 WHEN UNDER THIS SUBDIVISION THE AUTHORITY DETERMINES THAT OBTAINING SUCH
 ITEM  THEREBY WOULD BE IN THE PUBLIC INTEREST AND SETS FORTH THE REASONS
 FOR SUCH DETERMINATION. THE AUTHORITY SHALL ACCEPT  SOLE  RESPONSIBILITY
 FOR  ANY PAYMENT DUE THE VENDOR AS A RESULT OF THE AUTHORITY'S ORDER. IN
 EACH CASE WHERE THE AUTHORITY DECLARES COMPETITIVE  BIDDING  IMPRACTICAL
 OR  INAPPROPRIATE,  IT  SHALL  STATE  THE REASON THEREFOR IN WRITING AND
 SUMMARIZE ANY NEGOTIATIONS THAT HAVE BEEN CONDUCTED. THE AUTHORITY SHALL
 NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVISION EARLIER THAN  THIRTY
 DAYS  FROM  THE  DATE  ON  WHICH THE AUTHORITY DECLARES THAT COMPETITIVE
 BIDDING IS  IMPRACTICAL  OR  INAPPROPRIATE.  ALL  PROCUREMENTS  APPROVED
 PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
 THE  DEPARTMENT  OF  AUDIT  AND  CONTROL OR ANY SUCCESSOR AGENCIES.  FOR
 PURPOSES OF  THIS  SUBDIVISION,  "TRANSPORTATION  AUTHORITY"  SHALL  NOT
 INCLUDE  TRANSPORTATION  AUTHORITIES  GOVERNED UNDER TITLES NINE, NINE-A
 AND ELEVEN OF ARTICLE FIVE OF THIS CHAPTER OR  TITLE  THREE  OF  ARTICLE
 THREE  OF THIS CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-
 POWERED OMNIBUSES" SHALL INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHER-
 WISE CONTROLLED BY THE AUTHORITY THAT OTHERWISE MEETS THE DEFINITION  OF
 BUS  PROVIDED  IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND TRAFFIC
 LAW THAT IS PROPELLED BY AN ELECTRIC MOTOR AND  ASSOCIATED  POWER  ELEC-
 TRONICS  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 OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
 ATMOSPHERIC POLLUTANTS.
   (B) (I) NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  ALL
 RIGHTS  OR  BENEFITS,  INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
 PROTECTION OF CIVIL SERVICE AND  COLLECTIVE  BARGAINING  STATUS  OF  ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED.  NOTHING IN THIS SECTION SHALL RESULT IN THE:  (1)  DISPLACE-
 MENT  OF  ANY  CURRENTLY  EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING
 PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE  HOURS  OF  NON-OVERTIME
 WORK,  WAGES,  OR  EMPLOYMENT  BENEFITS,  OR RESULT IN THE IMPAIRMENT OF
 EXISTING COLLECTIVE BARGAINING  AGREEMENTS;  (2)  TRANSFER  OF  EXISTING
 S. 5366--A                          4
 
 DUTIES  AND  FUNCTIONS  RELATED  TO MAINTENANCE AND OPERATIONS CURRENTLY
 PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A  CONTRACTING
 ENTITY;  OR  (3)  TRANSFER  OF  FUTURE  DUTIES  AND FUNCTIONS ORDINARILY
 PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II)  PRIOR  TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ELEC-
 TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES  OR  RELATED  EQUIPMENT,
 THE  AUTHORITY SHALL CREATE AND IMPLEMENT A WORKFORCE DEVELOPMENT REPORT
 THAT (1) FORECASTS THE NUMBER OF JOBS PROVIDED  BY  EXISTING  OMNIBUSES,
 ROLLING  STOCK,  VEHICLES  OR  EQUIPMENT  THAT  WOULD  BE  ELIMINATED OR
 SUBSTANTIALLY CHANGED AFTER THE PURCHASE, AS WELL AS THE NUMBER OF  JOBS
 EXPECTED  TO BE CREATED AT THE AUTHORITY BY THE PROPOSED PURCHASE OVER A
 FIVE-YEAR PERIOD FROM THE DATE  OF  THE  PUBLICATION  OF  THE  WORKFORCE
 DEVELOPMENT  REPORT, (2) IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND
 MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES  OR
 RELATED  EQUIPMENT,  (3)  INCLUDES  A  COMPREHENSIVE PLAN TO TRANSITION,
 TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED  PURCHASE,
 AND  (4)  CONTAINS  AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN
 EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C) NOTHING CONTAINED HEREIN SHALL BE  CONSTRUED  TO  AFFECT  (I)  THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE  ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN THE
 EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING  THE  PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR  RELATED  EQUIPMENT,  THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
 THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY  POTENTIAL  JOBS  THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   §  4.  Section 104 of the general municipal law is amended by adding a
 new subdivision 3 to read as follows:
   3. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE  OF
 THIS  ARTICLE  OR  OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF
 EXECUTIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES  A
 PUBLIC  TRANSPORTATION  SYSTEM  IS AUTHORIZED TO MAKE PURCHASES OF ELEC-
 TRIC-POWERED OMNIBUSES OR OTHER  RELATED  EQUIPMENT  UPON  A  RESOLUTION
 APPROVED  BY  A  TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE
 ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND  (I)
 A  PUBLIC  AUTHORITY  OF  THE  STATE  PROVIDED THAT SUCH OTHER AUTHORITY
 UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A  PROCESS  OF  COMPETITIVE
 REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW
 YORK,  OR  (III)  A  POLITICAL  SUBDIVISION  OF  THE  STATE OF NEW YORK,
 PROVIDED THAT IN ANY CASE WHEN  UNDER  THIS  SUBDIVISION  THE  POLITICAL
 SUBDIVISION  DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE
 PUBLIC INTEREST AND SETS FORTH THE REASONS FOR SUCH  DETERMINATION.  THE
 POLITICAL  SUBDIVISION  SHALL  NOT  AWARD  ANY CONTRACT PURSUANT TO THIS
 SUBDIVISION EARLIER THAN THIRTY DAYS FROM THE DATE ON  WHICH  THE  POLI-
 TICAL  SUBDIVISION  DECLARES  THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
 INAPPROPRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
 THE POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE  DEPARTMENT
 OF  AUDIT  AND  CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVI-
 SION, "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPOR-
 TATION SYSTEM" SHALL NOT  INCLUDE  TRANSPORTATION  AUTHORITIES  GOVERNED
 UNDER  TITLES  NINE,  NINE-A  AND  ELEVEN  OF ARTICLE FIVE OF THE PUBLIC
 AUTHORITIES LAW OR TITLE THREE OF ARTICLE THREE OF THE  PUBLIC  AUTHORI-
 TIES  LAW. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED OMNI-
 BUSES"  SHALL  INCLUDE  ANY  BUS  OWNED,  LEASED,  RENTED  OR  OTHERWISE
 S. 5366--A                          5
 
 CONTROLLED  BY  THE POLITICAL SUBDIVISION THAT OTHERWISE MEETS THE DEFI-
 NITION OF BUS PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND
 TRAFFIC LAW THAT 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 OTHERWISE OPERATES WITHOUT DIRECT EMISSION  OF
 ATMOSPHERIC POLLUTANTS.
   (B)  (I)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ALL
 RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED.    NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACE-
 MENT OF ANY CURRENTLY EMPLOYED WORKER OR  LOSS  OF  POSITION,  INCLUDING
 PARTIAL  DISPLACEMENT  SUCH  AS A REDUCTION IN THE HOURS OF NON-OVERTIME
 WORK, WAGES, OR EMPLOYMENT BENEFITS, OR  RESULT  IN  THE  IMPAIRMENT  OF
 EXISTING  COLLECTIVE  BARGAINING  AGREEMENTS;  (2)  TRANSFER OF EXISTING
 DUTIES AND FUNCTIONS RELATED TO  MAINTENANCE  AND  OPERATIONS  CURRENTLY
 PERFORMED  BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY; OR (3)  TRANSFER  OF  FUTURE  DUTIES  AND  FUNCTIONS  ORDINARILY
 PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II)  PRIOR  TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ELEC-
 TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES  OR  RELATED  EQUIPMENT,
 THE  TRANSIT  AGENCY  OR MUNICIPALITY SHALL CREATE AND IMPLEMENT A WORK-
 FORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER OF JOBS  PROVIDED
 BY  EXISTING  OMNIBUSES, ROLLING STOCK, VEHICLES OR EQUIPMENT THAT WOULD
 BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE PURCHASE,  AS  WELL  AS
 THE NUMBER OF JOBS EXPECTED TO BE CREATED AT THE TRANSIT PROVIDER BY THE
 PROPOSED  PURCHASE OVER A FIVE-YEAR PERIOD FROM THE DATE OF THE PUBLICA-
 TION OF THE WORKFORCE DEVELOPMENT REPORT, (2) IDENTIFIES GAPS IN  SKILLS
 NEEDED TO OPERATE AND MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLL-
 ING  STOCK,  VEHICLES OR RELATED EQUIPMENT, (3) INCLUDES A COMPREHENSIVE
 PLAN TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE
 PROPOSED PURCHASE, AND (4) CONTAINS AN ESTIMATED BUDGET  TO  TRANSITION,
 TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C)  NOTHING  CONTAINED  HEREIN  SHALL  BE CONSTRUED TO AFFECT (I) THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN  THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR  MUNICIPALITY  SHALL  INFORM
 THE  RESPECTIVE  COLLECTIVE  BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   § 5. Section 104 of the general municipal law, as amended  by  section
 27  of  part  L of chapter 55 of the laws of 2012, is amended to read as
 follows:
   § 104. Purchase through office of general services. 1. Notwithstanding
 the provisions of section one hundred three of this article  or  of  any
 other  general,  special or local law, any officer, board or agency of a
 political subdivision, of a district therein, of a fire company or of  a
 voluntary  ambulance  service is authorized to make purchases of commod-
 ities and services available pursuant to section one hundred sixty-three
 of the state finance law, may make such purchases through the office  of
 general  services  subject to such rules as may be established from time
 S. 5366--A                          6
 
 to time pursuant to section one hundred sixty-three of the state finance
 law or through the general services administration pursuant  to  section
 1555  of the federal acquisition streamlining act of 1994, P.L. 103-355;
 provided  that  any  such purchase shall exceed five hundred dollars and
 that the political subdivision,  district,  fire  company  or  voluntary
 ambulance  service  for  which  such officer, board or agency acts shall
 accept sole responsibility for any payment due the vendor. All purchases
 shall be subject to audit and inspection by the  political  subdivision,
 district, fire company or voluntary ambulance service for which made. No
 officer, board or agency of a political subdivision, or a district ther-
 ein,  of  a  fire company or of a voluntary ambulance service shall make
 any purchase through such office when bids have been received  for  such
 purchase  by  such officer, board or agency, unless such purchase may be
 made upon the same terms, conditions and specifications at a lower price
 through such office. Two or more fire companies or  voluntary  ambulance
 services  may join in making purchases pursuant to this section, and for
 the purposes of this section such groups shall be deemed "fire companies
 or voluntary ambulance services."
   2. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE  OF
 THIS  ARTICLE  OR  OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF
 EXECUTIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES  A
 PUBLIC  TRANSPORTATION  SYSTEM  IS AUTHORIZED TO MAKE PURCHASES OF ELEC-
 TRIC-POWERED OMNIBUSES OR OTHER  RELATED  EQUIPMENT  UPON  A  RESOLUTION
 APPROVED  BY  A  TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE
 ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND  (A)
 A  PUBLIC  AUTHORITY  OF  THE  STATE  PROVIDED THAT SUCH OTHER AUTHORITY
 UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A  PROCESS  OF  COMPETITIVE
 REQUESTS  FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF NEW
 YORK, OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK,  PROVIDED
 THAT  IN  ANY CASE WHEN UNDER THIS SUBDIVISION THE POLITICAL SUBDIVISION
 DETERMINES THAT OBTAINING SUCH ITEM  THEREBY  WOULD  BE  IN  THE  PUBLIC
 INTEREST  AND  SETS  FORTH THE REASONS FOR SUCH DETERMINATION. THE POLI-
 TICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVI-
 SION EARLIER THAN THIRTY DAYS FROM  THE  DATE  ON  WHICH  THE  POLITICAL
 SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO-
 PRIATE.  ALL  PURCHASES  SHALL BE SUBJECT TO AUDIT AND INSPECTION BY THE
 POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE  DEPARTMENT  OF
 AUDIT  AND  CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVISION,
 "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC  TRANSPORTATION
 SYSTEM"  SHALL  NOT  INCLUDE  TRANSPORTATION  AUTHORITIES GOVERNED UNDER
 TITLES NINE, NINE-A AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES
 LAW OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES  LAW.  FOR
 PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED OMNIBUSES" SHALL INCLUDE
 ANY  BUS  OWNED, LEASED, RENTED OR OTHERWISE CONTROLLED BY THE POLITICAL
 SUBDIVISION THAT OTHERWISE MEETS  THE  DEFINITION  OF  BUS  PROVIDED  IN
 SECTION  FIVE  HUNDRED  NINE-A  OF  THE  VEHICLE AND TRAFFIC LAW THAT 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 OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF ATMOSPHER-
 IC POLLUTANTS.
   (B) (I) NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  ALL
 RIGHTS  OR  BENEFITS,  INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
 PROTECTION OF CIVIL SERVICE AND  COLLECTIVE  BARGAINING  STATUS  OF  ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 S. 5366--A                          7
 
 PROTECTED.  NOTHING IN THIS SECTION SHALL RESULT IN THE:  (1)  DISPLACE-
 MENT  OF  ANY  CURRENTLY  EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING
 PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE  HOURS  OF  NON-OVERTIME
 WORK,  WAGES,  OR  EMPLOYMENT  BENEFITS,  OR RESULT IN THE IMPAIRMENT OF
 EXISTING COLLECTIVE BARGAINING  AGREEMENTS;  (2)  TRANSFER  OF  EXISTING
 DUTIES  AND  FUNCTIONS  RELATED  TO MAINTENANCE AND OPERATIONS CURRENTLY
 PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A  CONTRACTING
 ENTITY;  OR  (3)  TRANSFER  OF  FUTURE  DUTIES  AND FUNCTIONS ORDINARILY
 PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR  NEW  ELEC-
 TRIC-POWERED  OMNIBUSES,  ROLLING  STOCK, VEHICLES OR RELATED EQUIPMENT,
 THE TRANSIT AGENCY OR MUNICIPALITY SHALL CREATE AND  IMPLEMENT  A  WORK-
 FORCE  DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER OF JOBS PROVIDED
 BY EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES OR EQUIPMENT  THAT  WOULD
 BE  ELIMINATED  OR  SUBSTANTIALLY CHANGED AFTER THE PURCHASE, AS WELL AS
 THE NUMBER OF JOBS EXPECTED TO BE CREATED AT THE TRANSIT PROVIDER BY THE
 PROPOSED PURCHASE OVER A FIVE-YEAR PERIOD FROM THE DATE OF THE  PUBLICA-
 TION  OF THE WORKFORCE DEVELOPMENT REPORT, (2) IDENTIFIES GAPS IN SKILLS
 NEEDED TO OPERATE AND MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLL-
 ING STOCK, VEHICLES OR RELATED EQUIPMENT, (3) INCLUDES  A  COMPREHENSIVE
 PLAN TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE
 PROPOSED  PURCHASE,  AND (4) CONTAINS AN ESTIMATED BUDGET TO TRANSITION,
 TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C) NOTHING CONTAINED HEREIN SHALL BE  CONSTRUED  TO  AFFECT  (I)  THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE  ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN THE
 EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING  THE  PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR  RELATED  EQUIPMENT,  THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
 THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY  POTENTIAL  JOBS  THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   §  6.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2028; provided, however,  that  the  amend-
 ments  to  section 104 of the general municipal law made by section four
 of this act shall be subject to the expiration  and  reversion  of  such
 section  pursuant  to  section 9 of subpart A of part C of chapter 97 of
 the laws of 2011, as amended, when upon  such  date  the  provisions  of
 section five of this act shall take effect.

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