Bill Text: NY S05366 | 2023-2024 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S05366 Detail]
Download: New_York-2023-S05366-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5366--A 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. The transportation law is amended by adding a new section 2 17-c to read as follows: 3 § 17-c. Zero-emission capable hybrid buses and zero-emission buses. 4 1. For the four-year period commencing January first, two thousand twen- 5 ty-five and ending December thirty-first, two thousand twenty-eight, 6 every public transportation system eligible to receive operating assist- 7 ance under the provisions of section eighteen-b of this article shall be 8 required to purchase only zero-emission capable hybrid buses or zero-em- 9 ission buses and related equipment and facilities as part of the normal 10 replacement of its fleet. 11 2. (a) For purposes of this section "zero-emission capable hybrid bus" 12 shall mean a motor vehicle that has a seating capacity of fifteen or 13 more passengers in addition to the driver and used for transportation of 14 persons; is capable of being propelled by an electric motor and associ- 15 ated power electronics which provide acceleration torque to the drive 16 wheels during normal vehicle operation and draws electricity from an 17 onboard battery or electric generator; has an internal combustion engine 18 for extended driving range where recharging infrastructure is not readi- 19 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. LBD09967-02-3S. 5366--A 2 1 and is capable of operating on demand without direct emission of atmo- 2 spheric pollutants, and being paired with geofencing technology to auto- 3 matically shut down the engine in specified locations. 4 (b) For purposes of this section "zero-emission bus" shall mean a 5 motor vehicle that has a seating capacity of fifteen or more passengers 6 in addition to the driver and used for the transportation of persons; is 7 propelled by an electric motor and associated power electronics which 8 provide acceleration torque to the drive wheels during normal vehicle 9 operation and draws electricity from a hydrogen fuel cell or from a 10 battery which is capable of being recharged from an external source of 11 electricity; or otherwise operates without direct emission of atmospher- 12 ic pollutants. 13 3. (a) Notwithstanding any provision of law to the contrary, all 14 rights or benefits, including terms and conditions of employment, and 15 protection of civil service and collective bargaining status of all 16 existing employees of authorized entities shall be preserved and 17 protected. Nothing in this section shall result in the: (i) displace- 18 ment of any currently employed worker or loss of position (including 19 partial displacement such as a reduction in the hours of non-overtime 20 work, wages, or employment benefits) or result in the impairment of 21 existing collective bargaining agreements; (ii) transfer of existing 22 duties and functions related to maintenance and operations currently 23 performed by existing employees of authorized entities to a contracting 24 entity; or (iii) transfer of future duties and functions ordinarily 25 performed by employees of authorized entities to a contracting entity. 26 (b) Prior to the beginning of the procurement process for new zero-em- 27 ission capable hybrid buses and zero-emission buses, the transit author- 28 ity, agency or municipality shall create and implement a workforce 29 development report that (i) forecasts the number of jobs provided by 30 existing omnibuses, rolling stock, vehicles or equipment that would be 31 eliminated or substantially changed after the purchase, as well as the 32 number of jobs expected to be created at the transit provider by the 33 proposed purchase over a five-year period from the date of the publica- 34 tion of the workforce development report, (ii) identifies gaps in skills 35 needed to operate and maintain the new zero-emission capable hybrid 36 buses and zero-emission buses, rolling stock, vehicles or related equip- 37 ment, (iii) includes a comprehensive plan to transition, train, or 38 retrain employees that are impacted by the proposed purchase, and (iv) 39 contains an estimated budget to transition, train, or retrain employees 40 that are impacted by the proposed purchase. 41 (c) Nothing contained herein shall be construed to affect (i) the 42 existing rights of employees pursuant to an existing collective bargain- 43 ing agreement, or (ii) the existing representational relationships among 44 employee organizations or the bargaining relationships between the 45 employer and an employee organization. Prior to beginning the procure- 46 ment process for new zero-emission capable hybrid buses and zero-emis- 47 sion buses, rolling stock, vehicles or related equipment, the transit 48 authority, agency or municipality shall inform the respective collective 49 bargaining agent of any potential jobs that may be affected, altered, or 50 eliminated as a result of the purchase, and it shall be a mandatory 51 subject for collective bargaining. 52 § 2. The transportation law is amended by adding a new section 18-c to 53 read as follows: 54 § 18-c. Capital plan requirements. In formulating the five-year 55 department of transportation capital plans, the department shall: (a) 56 consider the requirement of section seventeen-c of this article in itsS. 5366--A 3 1 disbursement of payment for the costs of mass transportation capital 2 projects and facilities and give preference in the form of payments to 3 public transportation systems eligible to receive operating assistance 4 under the provisions of section eighteen-b of this article that are able 5 to demonstrate commitments made towards purchasing zero-emission capable 6 hybrid buses and zero-emission buses and related equipment and facili- 7 ties; and (b) facilitate for purposes of meeting the requirement of 8 section seventeen-c of this article the coordination of purchasing, 9 installation and sharing services between public transportation systems 10 serving primarily outside the city of New York. 11 § 3. Section 2878-a of the public authorities law is amended by adding 12 a new subdivision 3 to read as follows: 13 3. (a) A transportation authority established under this chapter may, 14 by resolution approved by a two-thirds vote of its members then in 15 office, or by a declaration that competitive bidding is impractical or 16 inappropriate with respect to electric-powered omnibuses, rolling stock, 17 vehicles or other related equipment because the item is available 18 through an existing contract between a vendor and (i) another public 19 authority provided that such other authority utilized a process of 20 competitive bidding or a process of competitive requests for proposals 21 to award such contracts, or (ii) the state of New York, or (iii) a poli- 22 tical subdivision of the state of New York, provided that in any case 23 when under this subdivision the authority determines that obtaining such 24 item thereby would be in the public interest and sets forth the reasons 25 for such determination. The authority shall accept sole responsibility 26 for any payment due the vendor as a result of the authority's order. In 27 each case where the authority declares competitive bidding impractical 28 or inappropriate, it shall state the reason therefor in writing and 29 summarize any negotiations that have been conducted. The authority shall 30 not award any contract pursuant to this subdivision earlier than thirty 31 days from the date on which the authority declares that competitive 32 bidding is impractical or inappropriate. All procurements approved 33 pursuant to this subdivision shall be subject to audit and inspection by 34 the department of audit and control or any successor agencies. For 35 purposes of this subdivision, "transportation authority" shall not 36 include transportation authorities governed under titles nine, nine-A 37 and eleven of article five of this chapter or title three of article 38 three of this chapter. For the purposes of this subdivision, "electric- 39 powered omnibuses" shall include any bus owned, leased, rented or other- 40 wise controlled by the authority that otherwise meets the definition of 41 bus provided in section five hundred nine-a of the vehicle and traffic 42 law that is propelled by an electric motor and associated power elec- 43 tronics which provide acceleration torque to the drive wheels during 44 normal vehicle operation and draws electricity from a hydrogen fuel cell 45 or from a battery which is capable of being recharged from an external 46 source of electricity; or otherwise operates without direct emission of 47 atmospheric pollutants. 48 (b) (i) Notwithstanding any provision of law to the contrary, all 49 rights or benefits, including terms and conditions of employment, and 50 protection of civil service and collective bargaining status of all 51 existing employees of authorized entities shall be preserved and 52 protected. Nothing in this section shall result in the: (1) displace- 53 ment of any currently employed worker or loss of position, including 54 partial displacement such as a reduction in the hours of non-overtime 55 work, wages, or employment benefits, or result in the impairment of 56 existing collective bargaining agreements; (2) transfer of existingS. 5366--A 4 1 duties and functions related to maintenance and operations currently 2 performed by existing employees of authorized entities to a contracting 3 entity; or (3) transfer of future duties and functions ordinarily 4 performed by employees of authorized entities to a contracting entity. 5 (ii) Prior to the beginning of the procurement process for new elec- 6 tric-powered omnibuses, rolling stock, vehicles or related equipment, 7 the authority shall create and implement a workforce development report 8 that (1) forecasts the number of jobs provided by existing omnibuses, 9 rolling stock, vehicles or equipment that would be eliminated or 10 substantially changed after the purchase, as well as the number of jobs 11 expected to be created at the authority by the proposed purchase over a 12 five-year period from the date of the publication of the workforce 13 development report, (2) identifies gaps in skills needed to operate and 14 maintain the new electric-powered omnibuses, rolling stock, vehicles or 15 related equipment, (3) includes a comprehensive plan to transition, 16 train, or retrain employees that are impacted by the proposed purchase, 17 and (4) contains an estimated budget to transition, train, or retrain 18 employees that are impacted by the proposed purchase. 19 (c) Nothing contained herein shall be construed to affect (i) the 20 existing rights of employees pursuant to an existing collective bargain- 21 ing agreement, or (ii) the existing representational relationships among 22 employee organizations or the bargaining relationships between the 23 employer and an employee organization. Prior to beginning the procure- 24 ment process for new electric-powered omnibuses, rolling stock, vehicles 25 or related equipment, the transit agency or municipality shall inform 26 the respective collective bargaining agent of any potential jobs that 27 may be affected, altered, or eliminated as a result of the purchase, and 28 it shall be a mandatory subject for collective bargaining. 29 § 4. Section 104 of the general municipal law is amended by adding a 30 new subdivision 3 to read as follows: 31 3. (a) Notwithstanding the provisions of section one hundred three of 32 this article or of any other general, special or local law, any chief 33 executive officer of a political subdivision or agency which operates a 34 public transportation system is authorized to make purchases of elec- 35 tric-powered omnibuses or other related equipment upon a resolution 36 approved by a two-thirds vote of its board then in office because the 37 item is available through an existing contract between a vendor and (i) 38 a public authority of the state provided that such other authority 39 utilized a process of competitive bidding or a process of competitive 40 requests for proposals to award such contracts, or (ii) the state of New 41 York, or (iii) a political subdivision of the state of New York, 42 provided that in any case when under this subdivision the political 43 subdivision determines that obtaining such item thereby would be in the 44 public interest and sets forth the reasons for such determination. The 45 political subdivision shall not award any contract pursuant to this 46 subdivision earlier than thirty days from the date on which the poli- 47 tical subdivision declares that competitive bidding is impractical or 48 inappropriate. All purchases shall be subject to audit and inspection by 49 the political subdivision for which made, in addition to the department 50 of audit and control of New York state. For purposes of this subdivi- 51 sion, "political subdivision or agency which operates a public transpor- 52 tation system" shall not include transportation authorities governed 53 under titles nine, nine-A and eleven of article five of the public 54 authorities law or title three of article three of the public authori- 55 ties law. For the purposes of this subdivision, "electric-powered omni- 56 buses" shall include any bus owned, leased, rented or otherwiseS. 5366--A 5 1 controlled by the political subdivision that otherwise meets the defi- 2 nition of bus provided in section five hundred nine-a of the vehicle and 3 traffic law that is propelled by an electric motor and associated power 4 electronics which provide acceleration torque to the drive wheels during 5 normal vehicle operation and draws electricity from a hydrogen fuel cell 6 or from a battery which is capable of being recharged from an external 7 source of electricity; or otherwise operates without direct emission of 8 atmospheric pollutants. 9 (b) (i) Notwithstanding any provision of law to the contrary, all 10 rights or benefits, including terms and conditions of employment, and 11 protection of civil service and collective bargaining status of all 12 existing employees of authorized entities shall be preserved and 13 protected. Nothing in this section shall result in the: (1) displace- 14 ment of any currently employed worker or loss of position, including 15 partial displacement such as a reduction in the hours of non-overtime 16 work, wages, or employment benefits, or result in the impairment of 17 existing collective bargaining agreements; (2) transfer of existing 18 duties and functions related to maintenance and operations currently 19 performed by existing employees of authorized entities to a contracting 20 entity; or (3) transfer of future duties and functions ordinarily 21 performed by employees of authorized entities to a contracting entity. 22 (ii) Prior to the beginning of the procurement process for new elec- 23 tric-powered omnibuses, rolling stock, vehicles or related equipment, 24 the transit agency or municipality shall create and implement a work- 25 force development report that (1) forecasts the number of jobs provided 26 by existing omnibuses, rolling stock, vehicles or equipment that would 27 be eliminated or substantially changed after the purchase, as well as 28 the number of jobs expected to be created at the transit provider by the 29 proposed purchase over a five-year period from the date of the publica- 30 tion of the workforce development report, (2) identifies gaps in skills 31 needed to operate and maintain the new electric-powered omnibuses, roll- 32 ing stock, vehicles or related equipment, (3) includes a comprehensive 33 plan to transition, train, or retrain employees that are impacted by the 34 proposed purchase, and (4) contains an estimated budget to transition, 35 train, or retrain employees that are impacted by the proposed purchase. 36 (c) Nothing contained herein shall be construed to affect (i) the 37 existing rights of employees pursuant to an existing collective bargain- 38 ing agreement, or (ii) the existing representational relationships among 39 employee organizations or the bargaining relationships between the 40 employer and an employee organization. Prior to beginning the procure- 41 ment process for new electric-powered omnibuses, rolling stock, vehicles 42 or related equipment, the transit agency or municipality shall inform 43 the respective collective bargaining agent of any potential jobs that 44 may be affected, altered, or eliminated as a result of the purchase, and 45 it shall be a mandatory subject for collective bargaining. 46 § 5. Section 104 of the general municipal law, as amended by section 47 27 of part L of chapter 55 of the laws of 2012, is amended to read as 48 follows: 49 § 104. Purchase through office of general services. 1. Notwithstanding 50 the provisions of section one hundred three of this article or of any 51 other general, special or local law, any officer, board or agency of a 52 political subdivision, of a district therein, of a fire company or of a 53 voluntary ambulance service is authorized to make purchases of commod- 54 ities and services available pursuant to section one hundred sixty-three 55 of the state finance law, may make such purchases through the office of 56 general services subject to such rules as may be established from timeS. 5366--A 6 1 to time pursuant to section one hundred sixty-three of the state finance 2 law or through the general services administration pursuant to section 3 1555 of the federal acquisition streamlining act of 1994, P.L. 103-355; 4 provided that any such purchase shall exceed five hundred dollars and 5 that the political subdivision, district, fire company or voluntary 6 ambulance service for which such officer, board or agency acts shall 7 accept sole responsibility for any payment due the vendor. All purchases 8 shall be subject to audit and inspection by the political subdivision, 9 district, fire company or voluntary ambulance service for which made. No 10 officer, board or agency of a political subdivision, or a district ther- 11 ein, of a fire company or of a voluntary ambulance service shall make 12 any purchase through such office when bids have been received for such 13 purchase by such officer, board or agency, unless such purchase may be 14 made upon the same terms, conditions and specifications at a lower price 15 through such office. Two or more fire companies or voluntary ambulance 16 services may join in making purchases pursuant to this section, and for 17 the purposes of this section such groups shall be deemed "fire companies 18 or voluntary ambulance services." 19 2. (a) Notwithstanding the provisions of section one hundred three of 20 this article or of any other general, special or local law, any chief 21 executive officer of a political subdivision or agency which operates a 22 public transportation system is authorized to make purchases of elec- 23 tric-powered omnibuses or other related equipment upon a resolution 24 approved by a two-thirds vote of its board then in office because the 25 item is available through an existing contract between a vendor and (a) 26 a public authority of the state provided that such other authority 27 utilized a process of competitive bidding or a process of competitive 28 requests for proposals to award such contracts, or (b) the state of New 29 York, or (c) a political subdivision of the state of New York, provided 30 that in any case when under this subdivision the political subdivision 31 determines that obtaining such item thereby would be in the public 32 interest and sets forth the reasons for such determination. The poli- 33 tical subdivision shall not award any contract pursuant to this subdivi- 34 sion earlier than thirty days from the date on which the political 35 subdivision declares that competitive bidding is impractical or inappro- 36 priate. All purchases shall be subject to audit and inspection by the 37 political subdivision for which made, in addition to the department of 38 audit and control of New York state. For purposes of this subdivision, 39 "political subdivision or agency which operates a public transportation 40 system" shall not include transportation authorities governed under 41 titles nine, nine-A and eleven of article five of the public authorities 42 law or title three of article three of the public authorities law. For 43 purposes of this subdivision, "electric-powered omnibuses" shall include 44 any bus owned, leased, rented or otherwise controlled by the political 45 subdivision that otherwise meets the definition of bus provided in 46 section five hundred nine-a of the vehicle and traffic law that is 47 propelled by an electric motor and associated power electronics which 48 provide acceleration torque to the drive wheels during normal vehicle 49 operation and draws electricity from a hydrogen fuel cell or from a 50 battery which is capable of being recharged from an external source of 51 electricity; or otherwise operates without direct emission of atmospher- 52 ic pollutants. 53 (b) (i) Notwithstanding any provision of law to the contrary, all 54 rights or benefits, including terms and conditions of employment, and 55 protection of civil service and collective bargaining status of all 56 existing employees of authorized entities shall be preserved andS. 5366--A 7 1 protected. Nothing in this section shall result in the: (1) displace- 2 ment of any currently employed worker or loss of position, including 3 partial displacement such as a reduction in the hours of non-overtime 4 work, wages, or employment benefits, or result in the impairment of 5 existing collective bargaining agreements; (2) transfer of existing 6 duties and functions related to maintenance and operations currently 7 performed by existing employees of authorized entities to a contracting 8 entity; or (3) transfer of future duties and functions ordinarily 9 performed by employees of authorized entities to a contracting entity. 10 (ii) Prior to the beginning of the procurement process for new elec- 11 tric-powered omnibuses, rolling stock, vehicles or related equipment, 12 the transit agency or municipality shall create and implement a work- 13 force development report that (1) forecasts the number of jobs provided 14 by existing omnibuses, rolling stock, vehicles or equipment that would 15 be eliminated or substantially changed after the purchase, as well as 16 the number of jobs expected to be created at the transit provider by the 17 proposed purchase over a five-year period from the date of the publica- 18 tion of the workforce development report, (2) identifies gaps in skills 19 needed to operate and maintain the new electric-powered omnibuses, roll- 20 ing stock, vehicles or related equipment, (3) includes a comprehensive 21 plan to transition, train, or retrain employees that are impacted by the 22 proposed purchase, and (4) contains an estimated budget to transition, 23 train, or retrain employees that are impacted by the proposed purchase. 24 (c) Nothing contained herein shall be construed to affect (i) the 25 existing rights of employees pursuant to an existing collective bargain- 26 ing agreement, or (ii) the existing representational relationships among 27 employee organizations or the bargaining relationships between the 28 employer and an employee organization. Prior to beginning the procure- 29 ment process for new electric-powered omnibuses, rolling stock, vehicles 30 or related equipment, the transit agency or municipality shall inform 31 the respective collective bargaining agent of any potential jobs that 32 may be affected, altered, or eliminated as a result of the purchase, and 33 it shall be a mandatory subject for collective bargaining. 34 § 6. This act shall take effect immediately and shall expire and be 35 deemed repealed December 31, 2028; provided, however, that the amend- 36 ments to section 104 of the general municipal law made by section four 37 of this act shall be subject to the expiration and reversion of such 38 section pursuant to section 9 of subpart A of part C of chapter 97 of 39 the laws of 2011, as amended, when upon such date the provisions of 40 section five of this act shall take effect.
