Rpld §201-a subs 11 & 12, Exec L (as proposed in S.9382 & A.10450); add §163-c, St Fin L
Relates to the purchase or lease of zero emission vehicles and charging or fueling infrastructure by state agencies and the necessary requirements when making such procurements.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A990
SPONSOR: Fahy PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to amend Chapter 836 of the Laws of 2022 to
incorporate Buy American provisions within the procurement of zero emis-
sion vehicles and charging or fueling infrastructure by state agencies.
SUMMARY OF PROVISIONS:
Section one of the bill would repeal section 201-a(11) and (12) of the
Executive Law as added by Chapter 836 of the Laws of 2022.
Section two would add a new section 163-c to the State Finance Law to
require the Office of General Services to include Buy American require-
ments in the purchase or lease of zero emission vehicles and any related
infrastructure.
Additionally, this bill would provide for a process by which the Office
of General Services may waive such requirements.
Further, this bill would include provisions to protect workers employed
by the State or any agency in the forthcoming transition to zero emis-
sion vehicles, such as requiring the Office of General Services to
prepare a workforce development report in advance of the transition to
train state employees who may be impacted.
Section three would establish the effective date.
JUSTIFICATION:
As the transition to zero-emission vehicles continues, it is important
to recognize the impact this will have on the existing, workforce. This
bill would provide crucial protections for current employees to ensure
that they have the opportunity to keep their job as this transition
continues. The bill would require the Office of General Services to
create and implement a report that among other information, includes a
comprehensive plan and estimated' budget to transition, train, or
retrain employees that are impacted by the purchase or lease of these
zero-emission vehicles. The bill further protects existing workers and
their positions, as well as collective bargaining agreements. These
provisions support our laborers and allow them to adapt with advancing
technology and environmental conservation efforts.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as 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,
takes effect; provided, however, that subdivision one of section 163-c
of the state finance law as added by section two of this act shall take
effect on December 31, 2023.
STATE OF NEW YORK
________________________________________________________________________
990
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the state finance law, in relation to the purchase or
lease of zero emission vehicles and charging or fueling infrastruc-
ture; and repealing certain provisions of the executive law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 11 and 12 of section 201-a of the executive
2 law as added by a chapter of the laws of 2022 amending the executive
3 law, relating to the purchase or lease of zero emission vehicles for
4 state-owned vehicle fleets, as proposed in legislative bills numbers S.
5 9382 and A. 10450, are REPEALED.
6 § 2. The state finance law is amended by adding a new section 163-c to
7 read as follows:
8 § 163-c. Purchase or lease of zero emission vehicles and charging or
9 fueling infrastructure. 1. (a) Each state agency shall include require-
10 ments in any procurement for the purchase or lease of zero emission
11 vehicles and charging or fueling infrastructure that the components and
12 parts used or supplied in the performance of the contract or any subcon-
13 tract thereto shall be produced or made in whole or substantial part in
14 the United States, its territories or possessions and that final assem-
15 bly of the zero emission vehicles and charging or fueling infrastructure
16 shall occur in the United States, its territories or possessions.
17 (b) The commissioner of general services, in consultation with the New
18 York state energy research and development authority, may waive the
19 contracting requirements set forth in paragraph (a) of this subdivision
20 if the commissioner of general services determines that the requirements
21 would not be in the public interest, would result in unreasonable costs,
22 or that obtaining such zero emission vehicles and charging or fueling
23 infrastructure components and parts in the United States, its territo-
24 ries or possessions, would increase the cost of a contract for zero
25 emission vehicles and charging or fueling infrastructure by an unreason-
26 able amount, or such zero emission vehicles and charging or fueling
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04000-01-3
A. 990 2
1 infrastructure components and parts cannot be produced, made, or assem-
2 bled in the United States, its territories or possessions, in sufficient
3 and reasonably available quantities or of satisfactory quality. Such
4 determination must be made on an annual basis no later than December
5 thirty-first after providing notice and an opportunity for public
6 comment, and be made publicly available, in writing, on the website of
7 the office of general services with a detailed explanation of the find-
8 ings leading to such determination. If the commissioner of general
9 services has issued determinations for three consecutive years that no
10 such waiver is warranted pursuant to this paragraph, then the commis-
11 sioner of general services shall no longer be required to provide the
12 annual determination required by this paragraph.
13 2. (a) Nothing in this section shall alter the rights or benefits, and
14 privileges, including but not limited to terms and conditions of employ-
15 ment, civil service status, and collective bargaining unit membership,
16 of any current employees of the state or any agency.
17 (b) Nothing in this section shall result in: (i) the discharge,
18 displacement, or loss of position, including partial displacement such
19 as a reduction in the hours of non-overtime work, wages, or employment
20 benefits; (ii) the impairment of existing collective bargaining agree-
21 ments; (iii) the transfer of existing duties and functions; or (iv) the
22 transfer of future duties and functions, of any currently employed work-
23 er of the state or any agency who agrees to be retrained.
24 (c) Prior to the beginning of the initial procurement process for zero
25 emission vehicles, each state agency shall create and implement a work-
26 force development report that: (i) estimates the number of current posi-
27 tions in the agency that would be substantially changed as a result of
28 the proposed purchase or lease of zero emission vehicles, and the number
29 of positions expected to be created by the purchase or lease over the
30 intended life of the proposed purchase or lease; (ii) identifies gaps in
31 skills of its current workforce that are needed to operate and maintain
32 zero emission vehicles; (iii) includes a comprehensive plan to transi-
33 tion, train, or retrain employees that are impacted by the proposed
34 purchase or lease; and (iv) contains an estimated budget to transition,
35 train, or retrain employees that are impacted by the proposed purchase
36 or lease.
37 (d) Nothing in this section shall: (i) limit the rights of employees
38 pursuant to a collective bargaining agreement, or (ii) alter the exist-
39 ing representational relationships among collective bargaining represen-
40 tatives or the bargaining relationships between the employer and any
41 collective bargaining representative. Employees of public entities serv-
42 ing in positions in newly created titles shall be assigned to the appro-
43 priate bargaining unit.
44 (e) Prior to beginning the initial procurement process for zero emis-
45 sion vehicles, the office of employee relations, in consultation with
46 the state agencies involved, shall inform the employees' collective
47 bargaining representative of any potential impact on its members or
48 unit, including positions that may be affected as a result of the
49 proposed purchase or lease.
50 § 3. This act shall take effect on the same date and in the same
51 manner as a chapter of the laws of 2022 amending the executive law,
52 relating to the purchase or lease of zero emission vehicles for state-
53 owned vehicle fleets, as proposed in legislative bills numbers S. 9382
54 and A. 10450, takes effect; provided, however, that subdivision one of
55 section 163-c of the state finance law as added by section two of this
56 act shall take effect on December 31, 2023.
