Senate Bill S7087

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7087
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  administration  of
   certain  funds  for  zero-emission school buses and supporting infras-
   tructure

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The education law is amended by adding a new section 3639
 to read as follows:
   § 3639. ADMINISTRATION OF FUNDS FOR  ZERO-EMISSION  SCHOOL  BUSES  AND
 SUPPORTING  INFRASTRUCTURE.  1.  AS  USED IN THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CONTRACTOR" SHALL MEAN THE ENTITY THAT SELLS AN APPROVED ELIGIBLE
 VEHICLE TO THE VEHICLE PURCHASER AND MEETS THE FOLLOWING CRITERIA:
   (I) BE ANY OF THE FOLLOWING TYPES OF ENTITIES:
   (1) A TRUCK OR BUS DEALERSHIP THAT HAS  A  WRITTEN  AGREEMENT  WITH  A
 MEDIUM  AND/OR  HEAVY-DUTY  VEHICLE ORIGINAL EQUIPMENT MANUFACTURER, AND
 SELLS OR LEASES COMPLETE ELIGIBLE VEHICLES TO FLEETS OR  VEHICLE  OWNER-
 OPERATORS.
   (2) AN ORIGINAL EQUIPMENT MANUFACTURER THAT BUILDS AND SELLS OR LEASES
 COMPLETE  ELIGIBLE  VEHICLES  DIRECTLY TO FLEETS OR VEHICLE OWNER-OPERA-
 TORS.
   (3) A BUS UPFIT/RETROFIT MANUFACTURER THAT  HAS  A  WRITTEN  AGREEMENT
 WITH A MEDIUM OR HEAVY-DUTY ORIGINAL EQUIPMENT MANUFACTURER, AND UPFITS,
 RETROFITS,  OR  PERFORMS  FINAL  EQUIPMENT  INSTALLATIONS  ON  THOSE NEW
 REPLACEMENT OR REPOWERED VEHICLES AND  SELLS  OR  LEASES  THE  COMPLETED
 ELIGIBLE VEHICLE TO A LEASING COMPANY, FLEET OR VEHICLE OWNER-OPERATOR.
   (4)  A  RETROFIT  KIT  COMPANY  THAT PRODUCES AND INSTALLS THE KITS ON
 EXISTING VEHICLES, SUCH AS A BATTERY ELECTRIC VEHICLE KIT ON AN EXISTING
 DIESEL-POWERED VEHICLE.
   (II) HAVE A VALID BUSINESS LICENSE FOR THE PAST TWO YEARS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11373-01-3
              

 S. 7087                             2
 
   (III) BE THE ENTITY THAT SELLS  OR  LEASES  THE  FULLY  ASSEMBLED  AND
 COMPLETED NEW ELIGIBLE VEHICLE OR REPOWERED VEHICLE.
   (B)  "ELIGIBLE  VEHICLE" SHALL MEAN AN ELECTRIC VEHICLE THAT MEETS ALL
 NYSERDA'S RULES AND REQUIREMENTS.
   (C) "ORIGINAL EQUIPMENT MANUFACTURER" OR "OEM" SHALL MEAN THE MANUFAC-
 TURER THAT BUILDS OR ASSEMBLES, AT A MINIMUM, THE  COMPLETED  DRIVETRAIN
 AND CHASSIS FOR AN ELIGIBLE VEHICLE.
   (D)  "UPFIT/RETROFIT  MANUFACTURER"  SHALL  MEAN  A  MANUFACTURER THAT
 INSTALLS EQUIPMENT ON A TRUCK OR BUS ROLLING CHASSIS PURCHASED  FROM  AN
 OEM.  THE  UPFIT/RETROFIT  MANUFACTURER  SHALL  BEAR FULL RESPONSIBILITY
 UNDER FEDERAL LAW FOR ANY VEHICLE DEFECTS AND IS RESPONSIBLE FOR  CERTI-
 FYING THE VEHICLE MEETS ALL APPLICABLE FEDERAL SAFETY STANDARDS.
   (E)  "SUPPLIER"  SHALL MEAN A COMPANY THAT SELLS VEHICLES OR COMPONENT
 PARTS  OF  VEHICLES  TO  AN  ORIGINAL  EQUIPMENT  MANUFACTURER   OR   AN
 UPFIT/RETROFIT MANUFACTURER.
   (F)  "NEW  YORK JOBS PLAN" SHALL MEAN A COMPONENT OF THE DOCUMENTATION
 SUBMITTED DURING THE ELIGIBILITY APPLICATION PROCESS AND SHALL  BE  USED
 TO  DETERMINE  CERTAIN  PLUS-UPS  AND DEDUCTIONS FROM THE BASE INCENTIVE
 AMOUNT.  THE NEW YORK JOBS PLAN REFERS TO THE INFORMATION  SUBMITTED  BY
 THE  CONTRACTOR,  ITS  SUPPLIER, AND ITS MAJOR SUPPLIER WHICH STATES THE
 MINIMUM NUMBER OF JOBS; PROPOSED WAGES, BENEFITS, INVESTMENT  IN  TRAIN-
 ING;  TARGETED HIRING PLANS FOR DISPLACED WORKERS AND INDIVIDUALS FACING
 BARRIERS TO EMPLOYMENT FOR JOBS CREATED OR RETAINED IN NEW YORK; LIFECY-
 CLE EMISSIONS ANALYSIS; USE OF RECYCLED CONTENT; PLANS TO MAXIMIZE REUSE
 AND RECYCLING OF BATTERY; AND  USE  OF  RECYCLED  OR  RESPONSIBLY  MINED
 MINERALS.
   (G) "DISADVANTAGED COMMUNITIES" SHALL HAVE THE SAME MEANING AS DEFINED
 BY SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (H) "DISPLACED WORKERS" SHALL MEAN WORKERS WHO HAVE LOST THEIR JOBS IN
 THE  PREVIOUS  FIVE YEARS DUE TO LACK OF BUSINESS, A REDUCTION IN FORCE,
 OR OTHER ECONOMIC, NONDISCIPLINARY REASON RELATED TO A  PANDEMIC  OR  TO
 THE  TRANSITION  FROM  THE  FOSSIL  FUEL INDUSTRY TO RENEWABLE ENERGY OR
 ELECTRIC TRANSPORTATION, AND WHO HAS NOT BEEN ABLE TO SECURE  A  COMPAR-
 ABLY COMPENSATED POSITION.
   (I)  "RESPONSIBLE  MINERAL  SOURCING"  SHALL  MEAN  ORIGINAL EQUIPMENT
 MANUFACTURER PROCUREMENT PRACTICES FOR COMPONENTS AND RAW MATERIALS THAT
 ENABLE THE ORIGINAL EQUIPMENT  MANUFACTURER  TO  ACCURATELY  ASSESS  AND
 REPORT THE SOCIAL AND ENVIRONMENTAL IMPACT OF MINED MINERALS USED IN THE
 PRODUCTION  OF THE VEHICLE, AND IN WHICH THE ORIGINAL EQUIPMENT MANUFAC-
 TURER TAKES ACTIVE STEPS TO IMPROVE THE SOCIAL AND ENVIRONMENTAL  IMPACT
 OF  THE MINED MINERALS USED IN THE PRODUCTION OF THE VEHICLE BY ENSURING
 THAT ANY MINED MINERALS USED IN  THE  VEHICLE  CONFORM  TO  THE  HIGHEST
 POSSIBLE  STANDARDS OF SOCIAL RESPONSIBILITY, INCLUDING FREE, PRIOR, AND
 INFORMED CONSENT, HUMAN  RIGHTS,  LABOR  RIGHTS,  WORKER  AND  COMMUNITY
 HEALTH  AND  SAFETY,  CONFLICT  INVOLVEMENT,  COMMUNITY  ENGAGEMENT  AND
 CONSULTATION, AND CULTURAL HERITAGE, AND  ENVIRONMENTAL  RESPONSIBILITY,
 INCLUDING WATER MANAGEMENT, AIR QUALITY, GREENHOUSE GAS EMISSIONS, NOISE
 MANAGEMENT, PROTECTION OF ECOSYSTEMS AND BIODIVERSITY, AND MANAGEMENT OF
 TOXINS  INCLUDING MERCURY AND CYANIDE. WHENEVER AVAILABLE, STANDARDS AND
 EVALUATIONS SHALL CONFORM TO THOSE OF  THE  INITIATIVE  FOR  RESPONSIBLE
 MINING ASSURANCE.
   (J) "NYSERDA" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY.
   2.  (A)  NYSERDA,  IN CONSULTATION WITH THE OFFICE OF GENERAL SERVICES
 AND THE DEPARTMENT, SHALL BE AUTHORIZED TO  DEVELOP  AND  ADMINISTER  AN
 INCENTIVE  PROGRAM  FOR  THE  DISTRIBUTION  OF  THE FIVE HUNDRED MILLION
 S. 7087                             3
 
 DOLLARS ALLOCATED FOR THE COSTS ASSOCIATED WITH THE PURCHASE OR  CONVER-
 SION  TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE AS SET
 FORTH IN PARAGRAPH H OF SUBDIVISION ONE OF SECTION 58-0703 OF THE  ENVI-
 RONMENTAL CONSERVATION LAW.
   (B) NYSERDA SHALL ESTABLISH GUIDELINES GOVERNING THE QUALIFICATIONS OF
 ELIGIBLE  VEHICLES  AND  SHALL CONSIDER PROSPECTIVE VEHICLE CONTRACTOR'S
 EXPERIENCE, FINANCIAL CAPABILITY AND RESPONSIBILITY, AND  PAST  PERFORM-
 ANCE, INCLUDING PERFORMANCE ON MEETING NEW YORK JOBS PLAN COMMITMENTS.
   3.  (A) NYSERDA SHALL DEVELOP PROCEDURES FOR DETERMINING THE INCENTIVE
 AMOUNTS FOR ELIGIBLE VEHICLES. AS PART OF THE ELIGIBILITY  QUALIFICATION
 PROCESS,  NYSERDA  SHALL  REQUIRE  PROSPECTIVE CONTRACTORS TO SUBMIT NEW
 YORK JOBS PLAN INFORMATION FOR ITSELF AS WELL AS THEIR SUPPLIERS.  IF  A
 CONTRACTOR  IS  A  TRUCK  OR BUS DEALERSHIP THAT HAS A WRITTEN AGREEMENT
 WITH A MEDIUM AND/OR HEAVY-DUTY VEHICLE ORIGINAL EQUIPMENT MANUFACTURER,
 THEN THE CONTRACTOR SHALL SUBMIT NEW YORK JOBS PLAN INFORMATION FROM THE
 ORIGINAL EQUIPMENT MANUFACTURER. AT A MINIMUM, THE NEW  YORK  JOBS  PLAN
 SHALL REQUIRE PROSPECTIVE CONTRACTORS AND THEIR SUPPLIERS TO PROVIDE THE
 FOLLOWING INFORMATION:
   (I)  THE  MINIMUM  NUMBER  OF  FULL-TIME  EQUIVALENT PERMANENT JOBS IN
 PRODUCTION OCCUPATIONS TO BE RETAINED AND CREATED PER TEN VEHICLE SALES;
   (II) THE MINIMUM WAGE LEVELS BY JOB CLASSIFICATION;
   (III) THE MINIMUM AMOUNTS THAT WILL BE PAID FOR FRINGE BENEFITS BY JOB
 CLASSIFICATION;
   (IV) THE MINIMUM AMOUNTS THAT WILL BE PAID FOR WORKER TRAINING BY  JOB
 CLASSIFICATION;
   (V)  INFORMATION ON RECRUITMENT AND TRAINING PROGRAMS TARGETED SPECIF-
 ICALLY TOWARDS INDIVIDUALS  FACING  BARRIERS  TO  EMPLOYMENT,  DISPLACED
 WORKERS AND WORKERS IN DISADVANTAGED COMMUNITIES;
   (VI)  INFORMATION  ON  WHAT STEPS HAVE BEEN TAKEN AND WILL BE TAKEN TO
 IMPLEMENT THE WORKFORCE DEVELOPMENT REPORT REQUIRED BY PARAGRAPH (C)  OF
 SUBDIVISION  FIVE  OF  SECTION  THIRTY  SIX HUNDRED THIRTY-EIGHT OF THIS
 PART, WITH RESPECT  TO  TRAINING  AND  RETRAINING  OF  EXISTING  VEHICLE
 PURCHASER EMPLOYEES;
   (VII) LIFECYCLE EMISSIONS ANALYSIS OF VEHICLE;
   (VIII)  THE  MINIMUM PERCENT TOTAL VALUES OF RECYCLED CONTENT IN CHAS-
 SIS, BODY, BATTERY, AND MOTOR ALONG WITH THE  TOTAL  VALUE  OF  EACH  OF
 THESE COMPONENTS;
   (IX) A PLAN TO MAXIMIZE REUSE AND RECYCLING OF TRACTION BATTERY AT END
 OF USE IN VEHICLES; AND
   (X)  A  PLAN  TO  PURCHASE  MOTORS  MANUFACTURED USING RECYCLED (FIRST
 PRIORITY) OR RESPONSIBLY-MINED (SECOND PRIORITY)  COPPER  AND  BATTERIES
 USING RECYCLED OR RESPONSIBLY-MINED LITHIUM, NICKEL, AND COBALT, ACCORD-
 ING  TO  THE STANDARDS AND ASSESSMENTS ESTABLISHED BY THE INITIATIVE FOR
 RESPONSIBLE MINING ASSURANCE.
   (B) UPON CERTIFICATION OF AN ELIGIBLE VEHICLE, SUCH NEW YORK JOBS PLAN
 INFORMATION SHALL BE INCORPORATED AS A MATERIAL TERM OF THE CONTRACT.
   4. TO DETERMINE THE INCENTIVE AMOUNT FOR EACH ELIGIBLE VEHICLE, NYSER-
 DA SHALL SCORE THE CONTRACTOR'S AND ITS SUPPLIERS' NEW  YORK  JOBS  PLAN
 COMMITMENTS  FROM  ZERO  TO  ONE  HUNDRED  ACCORDING  TO A FORMULA WHICH
 INCLUDES COMPARATIVE ASSESSMENTS OF:
   (A) ECONOMIC BENEFITS: FIFTY PERCENT. THE PRODUCT OF FULL-TIME  EQUIV-
 ALENT  POSITIONS  CREATED  OR  RETAINED  AT  EACH CLASSIFICATION AND THE
 SQUARE OF EACH CLASSIFICATION'S TOTAL COMPENSATION, WAGES PLUS  MONETARY
 FRINGE BENEFITS.
 S. 7087                             4
 
   (B) WORKFORCE DEVELOPMENT: TEN PERCENT. THE TOTAL AMOUNT OF INVESTMENT
 IN WORKER TRAINING FOR EMPLOYEES OF THE OEM OVER THE TWELVE MONTH PERIOD
 PRIOR TO FINAL DELIVERY OF THE VEHICLE.
   (C)  INCLUSION: FIFTEEN PERCENT. A QUALITATIVE EVALUATION OF THE OEM'S
 RECRUITING AND TRAINING PROGRAMS TARGETED SPECIFICALLY TOWARDS  INDIVID-
 UALS FACING BARRIERS TO EMPLOYMENT AND DISPLACED WORKERS.
   (D)  ENVIRONMENTAL  SUSTAINABILITY: TWENTY-FIVE PERCENT. AN INTEGRATED
 EVALUATION OF SUSTAINABLE MANUFACTURING PRACTICES, INCLUDING THE FOLLOW-
 ING FACTORS:
   (I) LIFECYCLE EMISSIONS ANALYSIS: TWENTY-FIVE PERCENT,
   (II) COMMITMENTS FOR PERCENT OF TOTAL VALUE  OF  RECYCLED  CONTENT  IN
 CHASSIS, BODY, BATTERY, AND MOTOR: TWENTY-FIVE PERCENT,
   (III)  QUALITATIVE  EVALUATION OF PLAN TO MAXIMIZE REUSE AND RECYCLING
 OF TRACTION BATTERY: TWENTY-FIVE PERCENT, AND
   (IV) QUALITATIVE EVALUATION OF PLAN FOR RESPONSIBLE SOURCING OF  MOTOR
 AND  BATTERY  MINERALS AND/OR REDUCING MINERAL USE IN THE VEHICLE: TWEN-
 TY-FIVE PERCENT.
   (E) NEW YORK'S REGIONAL EMPLOYMENT BENEFITS: UP TO TEN  PERCENT  BONUS
 POINTS.
   5.  (A)  CONTRACTORS SHALL BE REQUIRED TO PROVIDE QUARTERLY REPORTS TO
 NYSERDA FOR THE FIRST YEAR AFTER CONTRACT AWARD AND THEN ANNUALLY  AFTER
 THAT.  REPORTS  SHALL DETAIL PROGRESS AND COMPLIANCE WITH THEIR NEW YORK
 JOBS PLAN COMMITMENTS AND THE COMMITMENTS OF THEIR  SUPPLIERS  ON  FORMS
 PROVIDED  BY  NYSERDA.  IF ANY SUCH REPORT INDICATES A FAILURE TO COMPLY
 WITH THEIR NEW YORK JOBS PLAN  COMMITMENTS,  NYSERDA  SHALL  NOTIFY  THE
 CONTRACTORS  OF  THEIR  NONCOMPLIANCE  AND  THE  TIME FRAME WITHIN WHICH
 COMPLIANCE MUST BE MET. FAILURE TO COMPLY WITH THEIR COMMITMENTS  WITHIN
 THE  GIVEN  TIME FRAME SHALL RESULT IN FORFEITURE OF THE ENTIRE VALUE OF
 THE VOUCHER.
   (B) NYSERDA SHALL PUBLISH NEW YORK JOBS PLAN COMMITMENTS  AND  REPORTS
 TO  THE  NYSERDA  PUBLIC WEBSITE. NEW YORK JOBS PLANS SHALL BE PUBLISHED
 WITHIN TWO WEEKS OF VEHICLE CERTIFICATION. QUARTERLY  REPORTS  SHALL  BE
 PUBLISHED WITHIN TWO WEEKS OF RECEIPT BY NYSERDA.
   § 2. This act shall take effect immediately.