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A03273 Summary:

BILL NOA03273
 
SAME ASNo Same As
 
SPONSORBrown E
 
COSPNSRBendett, Maher
 
MLTSPNSR
 
Amd §201-a, Exec L
 
Restricts the application of requirements in any procurement for the manufacturing or retrofitting of zero emission vehicles and charging or fueling infrastructure that the components and parts used or supplied in the performance of the contract or any subcontract thereto shall be produced or made in whole or substantial part in the United States to align with federal domestic procurement preferences and exemptions with respect thereto.
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A03273 Actions:

BILL NOA03273
 
02/02/2023referred to governmental operations
05/23/2023held for consideration in governmental operations
01/03/2024referred to governmental operations
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A03273 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3273
 
SPONSOR: Brown E
  TITLE OF BILL: An act to amend the executive law, in relation to the purchase or lease of zero emission vehicles for state-owned vehicle fleets   PURPOSE OR GENERAL IDEA OF BILL: AN ACT to amend the executive law, in relation to the purchase or lease of zero emission vehicles for state owned vehicle fleets,   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Subdivision 11 of section 201-a of the executive law, as added by a chapter of the laws of 2022, amending the executive law relating to the purchase or lease of zero emission vehicles for state owned vehicle fleets, as proposed in legislative bills numbers S. 9382 and A. 10450, is amended to read as follows: 11. a. (i) The commissioner of general services shall include require- ments in any procurement for the manufacturing or retrofitting of zero emission vehicles and charging or fueling infrastructure that the compo- nents and parts used or supplied in the performance of the contract or any subcontract thereto shall be produced   or made in whole or substan- tial part in the United States, its territories or possessions and that final assembly of the zero emission vehicles and charging or fueling infrastructure shall occur in the United States, its territories or possessions; except as otherwise provided herein. As used in this subdivision, the teim "produced in the United States" shall have the same meaning as such term is defined in section 70911 of the "Build America, Buy America Act" (Pub. L. 117-58, div. G, title IX, Nov. 15, 2021, 135 Stat. 1294, 1297). (ii) Notwithstanding any contrary provision of subparagraph (i) of this paragraph, no requirement that final assembly of the zero emission vehi- cles and charging or fueling infrastructure shall occur in the United States, its territories or possessions shall be included in any procure- ment contract until at least one year shall have elapsed following the effective date of this subdivision. b. (i) The commissioner of general services, in consultation with the New York state energy research and development authority may waive the contracting requirements set forth in paragraph a of this subdivision if the commissioner of general services determines that the requirements would not be in the public interest, would result in unreasonable costs, or that obtaining such zero emission vehicles and charging or fueling infrastructure components and parts in the United States would increase the cost of a contract for zero emission vehicles and charging or fueling infrastructure by an unreasonable amount, or such zero emission vehicles and charging or fueling infrastructure components and parts cannot be produced, made, or assembled in the United States in sufficient and reasonably available quantities or of satisfactory quality. Such determination must be made on an annual basis no later than December thirty-first after providing notice and an opportunity for public comment, and be made publicly available, in writing, on the office of general services' website with a detailed explanation of the findings leading to such determination. If the commissioner of general services has issued determinations for three consecutive years that no such waiver is warranted pursuant to this paragraph, then the commissioner of general services shall no longer be required to provide the annual determination required by t his para- graph. (ii) The contracting requirements set forth in paragraph a of this subdivision will result in "unreasonable costs" or increase the cost of the contract by an "unreasonable amount" for the purposes of subpara- graph (i) of this paragraph if the inclusion of the zero emission vehi- cles and charging or fueling infrastructure produced in the United States will increase the costs of the overall contract by more than twenty-five percent; provided, however, that labor costs involved in the final assembly of any such zero emission vehicles and charging or fuel- ing infrastructure shall not be included in any calculation made pursu- ant to this subparagraph. c. Notwithstanding any contrary provision of subparagraph (i) of para- graph b of this subdivision, the contracting requirements of paragraph a of this subdivision shall not apply to any components and parts of zero emission vehicles and charging or fueling infrastructure that are subject to a waiver issued by a federal agency pursuant to subsection (b) of section 70914 of the Build America, Buy America Act (Pub. L. 117-58; 135 Stat. 1294, 1298), subsection (g) of section 313 of title 23 of the United States Code, as amended by Public Law 117-58 (135 Stat. 595-596), or any similar exemption from the provisions of any "Buy Amer- ica law" as defined in subsection (a) of section 70916 of the Build America, Buy America Act, nor shall any such components or parts be subject to a determination by the commissioner of general services pursuant to subparagraph (i) of paragraph b of this subdivision while a waiver from federal domestic procurement requirements is in effect with respect thereto.   JUSTIFICATION: The EV industry needs time to scale up U.S. manufacturing to meet both market demand and domestic content preferences set by the government. There are two companies that can currently meet a requirement for US final assembly. Both Blink & SemaConnect can meet a federal and/or state preference for domestic final assembly of EV charging stations-either right now or in the near future (months, not years) depending on the product.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately
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A03273 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3273
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN  ACT to amend the executive law, in relation to the purchase or lease
          of zero emission vehicles for state-owned vehicle fleets
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  11 of section 201-a of the executive law, as
     2  added by chapter 836 of the laws of 2022, is amended to read as follows:
     3    11. a. (i) The commissioner of general services shall include require-
     4  ments in any procurement for the manufacturing or retrofitting  of  zero
     5  emission vehicles and charging or fueling infrastructure that the compo-
     6  nents  and  parts used or supplied in the performance of the contract or
     7  any subcontract thereto shall be produced [or made in whole or  substan-
     8  tial part] in the United States, its territories or possessions and that
     9  final  assembly  of  the  zero emission vehicles and charging or fueling
    10  infrastructure shall occur in the  United  States,  its  territories  or
    11  possessions; except as otherwise provided herein. As used in this subdi-
    12  vision,  the  term  "produced  in the United States" shall have the same
    13  meaning as such term is defined in section 70911 of the "Build  America,
    14  Buy  America  Act" (Pub. L. 117-58, div. G, title IX, Nov. 15, 2021, 135
    15  Stat. 1294, 1297).
    16    (ii) Notwithstanding any contrary provision  of  subparagraph  (i)  of
    17  this  paragraph, no requirement that final assembly of the zero emission
    18  vehicles and charging or  fueling  infrastructure  shall  occur  in  the
    19  United  States,  its territories or possessions shall be included in any
    20  procurement contract until at least one year shall have elapsed  follow-
    21  ing the effective date of this subdivision.
    22    b.  (i) The commissioner of general services, in consultation with the
    23  New York state energy research and development authority may  waive  the
    24  contracting requirements set forth in paragraph a of this subdivision if
    25  the  commissioner  of  general services determines that the requirements
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03596-01-3

        A. 3273                             2
 
     1  would not be in the public interest, would result in unreasonable costs,
     2  or that obtaining such zero emission vehicles and  charging  or  fueling
     3  infrastructure  components and parts in the United States would increase
     4  the  cost of a contract for zero emission vehicles and charging or fuel-
     5  ing infrastructure by an unreasonable  amount,  or  such  zero  emission
     6  vehicles  and  charging  or  fueling infrastructure components and parts
     7  cannot be produced, made, or assembled in the United  States  in  suffi-
     8  cient  and  reasonably  available quantities or of satisfactory quality.
     9  Such determination must be made on an annual basis no later than  Decem-
    10  ber  thirty-first  after  providing notice and an opportunity for public
    11  comment, and be made publicly available, in writing, on  the  office  of
    12  general  services'  website  with a detailed explanation of the findings
    13  leading to such determination. If the commissioner of  general  services
    14  has issued determinations for three consecutive years that no such waiv-
    15  er  is  warranted  pursuant  to this paragraph, then the commissioner of
    16  general services shall no longer  be  required  to  provide  the  annual
    17  determination required by this paragraph.
    18    (ii)  The  contracting  requirements  set forth in paragraph a of this
    19  subdivision will result in "unreasonable costs" or increase the cost  of
    20  the  contract  by  an "unreasonable amount" for the purposes of subpara-
    21  graph (i) of this paragraph if the inclusion of the zero emission  vehi-
    22  cles  and  charging  or  fueling  infrastructure  produced in the United
    23  States will increase the costs of the  overall  contract  by  more  than
    24  twenty-five percent; provided, however, that labor costs involved in the
    25  final  assembly of any such zero emission vehicles and charging or fuel-
    26  ing infrastructure shall not be included in any calculation made  pursu-
    27  ant to this subparagraph.
    28    c. Notwithstanding any contrary provision of subparagraph (i) of para-
    29  graph b of this subdivision, the contracting requirements of paragraph a
    30  of  this subdivision shall not apply to any components and parts of zero
    31  emission vehicles  and  charging  or  fueling  infrastructure  that  are
    32  subject  to  a  waiver issued by a federal agency pursuant to subsection
    33  (b) of section 70914 of the Build America,  Buy  America  Act  (Pub.  L.
    34  117-58; 135 Stat. 1294, 1298), subsection (g) of section 313 of title 23
    35  of  the  United  States Code, as amended by Public Law 117-58 (135 Stat.
    36  595-596), or any similar exemption from the provisions of any "Buy Amer-
    37  ica law" as defined in subsection (a) of  section  70916  of  the  Build
    38  America,  Buy  America  Act,  nor  shall any such components or parts be
    39  subject to a determination  by  the  commissioner  of  general  services
    40  pursuant  to subparagraph (i) of paragraph b of this subdivision while a
    41  waiver from federal domestic procurement requirements is in effect  with
    42  respect thereto.
    43    § 2. This act shall take effect immediately.
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