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.
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
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.