S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3535--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sens. KENNEDY, BAILEY, BIAGGI, BOYLE, BRESLIN, BRISPORT,
   BROOKS, BROUK, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM,  HELM-
   ING,  HINCHEY,  HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KRUEGER,
   LANZA, LIU, MANNION, MARTUCCI, MATTERA, MAY, MAYER, MYRIE,  OBERACKER,
   ORTT,  PALUMBO, PARKER, RATH, REICHLIN-MELNICK, RIVERA, RYAN, SALAZAR,
   SANDERS, SAVINO, SEPULVEDA, SERINO, SERRANO, SKOUFIS, STAVISKY,  STEC,
   THOMAS  --  read  twice  and  ordered  printed, and when printed to be
   committed to the Committee on Transportation -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- committee discharged, bill amended, ordered reprinted  as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Transportation in accordance with Senate Rule 6,  sec.  8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the transportation law, in relation to the  purchase  of
   zero-emission  buses;  and to amend the public authorities law and the
   general municipal law, in relation to the procurement of electric-pow-
   ered buses, vehicles or other related equipment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The transportation law is amended by adding a new section
 17-c to read as follows:
   § 17-C. ZERO-EMISSION BUSES. 1. NO LATER THAN JANUARY FIRST, TWO THOU-
 SAND TWENTY-NINE, EVERY PUBLIC TRANSPORTATION SYSTEM ELIGIBLE TO RECEIVE
 OPERATING ASSISTANCE UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF  THIS
 ARTICLE  SHALL  BE  REQUIRED  TO  PURCHASE  ONLY ZERO-EMISSION BUSES AND
 RELATED EQUIPMENT AND FACILITIES AS PART OF THE  NORMAL  REPLACEMENT  OF
 ITS  FLEET.   NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, ANY
 HYDROGEN FUEL CELL  ZERO-EMISSION  BUS  SHALL  BE  POWERED  BY  HYDROGEN
 DERIVED FROM ZERO-EMISSION ELECTRICITY.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05744-06-2
 S. 3535--C                          2
              

 
   2. FOR PURPOSES OF THIS SECTION "ZERO-EMISSION BUS" SHALL MEAN A MOTOR
 VEHICLE  THAT  HAS  A  SEATING CAPACITY OF FIFTEEN OR MORE PASSENGERS IN
 ADDITION TO THE DRIVER AND USED FOR THE TRANSPORTATION  OF  PERSONS;  IS
 PROPELLED  BY  AN  ELECTRIC MOTOR AND ASSOCIATED POWER ELECTRONICS WHICH
 PROVIDE  ACCELERATION  TORQUE  TO THE DRIVE WHEELS DURING NORMAL VEHICLE
 OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN  FUEL  CELL  OR  FROM  A
 BATTERY  WHICH  IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL SOURCE OF
 ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF ATMOSPHER-
 IC POLLUTANTS.  PROVIDED, HOWEVER, THAT FOR PURPOSES  OF  THIS  SECTION,
 ZERO-EMISSION  BUSES  SHALL  INCLUDE  PARATRANSIT  VEHICLES SPECIFICALLY
 DESIGNATED BY PUBLIC  TRANSPORTATION  SYSTEMS  TO  SERVE  THE  NEEDS  OF
 PERSONS WHO CANNOT USE FIXED ROUTE TRANSIT BUSES, SUBWAYS OR RAPID TRAN-
 SIT.
   3.  (A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, ALL
 RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (I) DISPLACEMENT
 OF  ANY CURRENTLY   EMPLOYED  WORKER  OR  LOSS  OF  POSITION  (INCLUDING
 PARTIAL DISPLACEMENT SUCH AS A REDUCTION  IN THE HOURS  OF  NON-OVERTIME
 WORK,  WAGES,  OR  EMPLOYMENT  BENEFITS)  OR RESULT IN THE IMPAIRMENT OF
 EXISTING COLLECTIVE BARGAINING AGREEMENTS;  (II)  TRANSFER  OF  EXISTING
 DUTIES  AND  FUNCTIONS  RELATED  TO MAINTENANCE AND OPERATIONS CURRENTLY
 PERFORMED BY EXISTING  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY; OR (III)   TRANSFER OF FUTURE DUTIES  AND  FUNCTIONS  ORDINARILY
 PERFORMED  BY  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (B)  AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
 ESS FOR NEW ZERO-EMISSION BUSES, THE TRANSIT AUTHORITY, AGENCY OR  MUNI-
 CIPALITY  SHALL CREATE AND IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT
 (I) FORECASTS THE NUMBER OF JOBS PROVIDED BY EXISTING OMNIBUSES, ROLLING
 STOCK, VEHICLES OR EQUIPMENT THAT WOULD BE ELIMINATED  OR  SUBSTANTIALLY
 CHANGED AFTER THE PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE
 CREATED AT THE TRANSIT PROVIDER BY THE PROPOSED PURCHASE OVER A SIX-YEAR
 PERIOD  FROM  THE  DATE  OF THE PUBLICATION OF THE WORKFORCE DEVELOPMENT
 REPORT, (II) IDENTIFIES GAPS IN SKILLS NEEDED TO  OPERATE  AND  MAINTAIN
 THE  NEW  ZERO-EMISSION BUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIP-
 MENT, (III) INCLUDES A  COMPREHENSIVE  PLAN  TO  TRANSITION,  TRAIN,  OR
 RETRAIN  EMPLOYEES  THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND (IV)
 CONTAINS AN ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN  EMPLOYEES
 THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C)  NOTHING  CONTAINED  HEREIN  SHALL  BE CONSTRUED TO AFFECT (I) THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN  THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ZERO-EMISSION BUSES,  ROLLING  STOCK,  VEHICLES  OR
 RELATED  EQUIPMENT,  THE TRANSIT AUTHORITY, AGENCY OR MUNICIPALITY SHALL
 INFORM THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY POTENTIAL  JOBS
 THAT  MAY  BE  AFFECTED,  ALTERED,  OR  ELIMINATED  AS  A  RESULT OF THE
 PURCHASE, AND IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   4. (A) BEGINNING IN TWO THOUSAND TWENTY-EIGHT  AND  EVERY  FIVE  YEARS
 THEREAFTER UNTIL A PUBLIC TRANSPORTATION SYSTEM HAS TRANSITIONED ENTIRE-
 LY  TO  USING  ZERO-EMISSION  BUSES,  EVERY PUBLIC TRANSPORTATION SYSTEM
 COVERED PURSUANT TO THIS SECTION SHALL SUBMIT TO THE DEPARTMENT A  TRAN-
 SITION  PLAN FOR COMPLYING WITH THE TWO THOUSAND TWENTY-NINE PROCUREMENT
 S. 3535--C                          3
 
 REQUIREMENT AND FOR TRANSITIONING TO ZERO-EMISSION  BUSES.    SUCH  PLAN
 SHALL INCLUDE WITHOUT LIMITATION:
   (I)  A LIST OR REPORT OF THE POLICIES AND PRACTICES TO COMPLY WITH THE
 TWO THOUSAND TWENTY-NINE REQUIREMENT TO PROCURE ONLY ZERO-EMISSION BUSES
 AND A GOAL TO FULLY TRANSITION TO ZERO-EMISSION FLEETS BY  TWO  THOUSAND
 FORTY,  INCLUDING  OTHER  RELEVANT  PROCUREMENT  TARGETS AND PERFORMANCE
 METRICS, INCLUDING WITHOUT LIMITATION AN INTERIM GOAL OF  CONVERTING  TO
 FIFTY PERCENT ZERO-EMISSION BUSES BY TWO THOUSAND THIRTY-FIVE.
   (II) IDENTIFICATION OF BARRIERS, CONSTRAINTS, AND RISKS TO ONE HUNDRED
 PERCENT  TRANSITION  BASED  ON A PUBLIC TRANSPORTATION SYSTEM'S SPECIFIC
 ROUTES AND UNIQUE CIRCUMSTANCES, AND STRATEGIES TO ADDRESS THOSE ISSUES.
   (III) IDENTIFICATION OF THE TYPES OF  BUSES  A  PUBLIC  TRANSPORTATION
 SYSTEM  PLANS  TO DEPLOY, AND A SCHEDULE OF ZERO-EMISSION AND COMBUSTION
 BUS PURCHASE AND LEASE  OPTIONS,  AND  ZERO-EMISSION  BUS  RETROFITS  IF
 APPLICABLE.
   (IV)  A SCHEDULE FOR THE CONSTRUCTION OF FACILITIES AND INFRASTRUCTURE
 MODIFICATIONS OR UPGRADES, INCLUDING BUT NOT LIMITED TO CHARGING,  FUEL-
 ING,  AND  MAINTENANCE  FACILITIES,  NEEDED TO SUPPORT THE DEPLOYMENT OF
 ZERO-EMISSION BUSES.
   (V) AN OUTREACH PLAN TO COORDINATE WITH OTHER  RELEVANT  STAKEHOLDERS,
 INCLUDING UTILITIES, LOCAL GOVERNMENTS, AND BUS RIDERS.
   (VI)  A  PLAN  TO  PRIORITIZE ZERO-EMISSION BUS DEPLOYMENTS IN OR NEAR
 DISADVANTAGED COMMUNITIES, DEFINED IN ARTICLE SEVENTY-FIVE OF THE  ENVI-
 RONMENTAL CONSERVATION LAW.
   (VII)  A TRAINING PLAN AND SCHEDULE FOR BUS OPERATORS, MAINTENANCE AND
 REPAIR STAFF, WHICH MAY BE INCORPORATED  INTO  A  WORKFORCE  DEVELOPMENT
 REPORT  REQUIRED  PURSUANT TO THIS SECTION, SECTION TWENTY-EIGHT HUNDRED
 SEVENTY-EIGHT-A OF THE PUBLIC AUTHORITIES LAW, AND SECTION  ONE  HUNDRED
 FOUR OF THE GENERAL MUNICIPAL LAW.
   (VIII)  COST  ESTIMATES TO IMPLEMENT THE ZERO-EMISSION BUS TRANSITION,
 AND IDENTIFICATION OF EXISTING FUNDING SOURCES AVAILABLE THAT  COULD  BE
 USED TO TRANSITION TO ONE HUNDRED PERCENT ZERO-EMISSION BUSES.
   (IX)    AN  ANALYSIS  OF  SPECIFIC  STRATEGIES, CONSTRAINTS, AND NEEDS
 RELATED TO THE PROCUREMENT OF ZERO-EMISSION BUSES FOR PARATRANSIT  OPER-
 ATIONS  AND,  IF  RELEVANT, INTERCITY BUS SERVICE OR BUS SERVICE THAT IS
 INTENDED TO  SATISFY  LONGER  DISTANCE  TRAVEL  DEMAND  BETWEEN  CITIES,
 VILLAGES AND UNINCORPORATED URBAN PLACES.
   (X)  IDENTIFICATION  OF  FUEL  SOURCES USED TO FUEL HYDROGEN FUEL CELL
 BUSES, AND A PLAN TO ENSURE ALL HYDROGEN FUEL CELL  ZERO-EMISSION  BUSES
 WILL USE HYDROGEN DERIVED FROM ZERO-EMISSION ELECTRICITY BY TWO THOUSAND
 THIRTY-FIVE.
   (B) (I) TO EFFECTUATE THE PURPOSES OF THIS SECTION, PUBLIC TRANSPORTA-
 TION  SYSTEMS  MAY  REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVI-
 SION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY  OF  THE  STATE  OR  ANY
 PUBLIC AUTHORITY SUCH TECHNICAL ASSISTANCE, INFORMATION AND DATA AS WILL
 ENABLE THEM TO PROPERLY CARRY OUT ITS POWERS AND DUTIES PURSUANT TO THIS
 SECTION.
   (II)  PROVIDED  ADDITIONALLY  THAT PUBLIC TRANSPORTATION SYSTEMS SHALL
 CONSULT WITH THE DEPARTMENT AND WITH THE NEW YORK STATE ENERGY  RESEARCH
 AND DEVELOPMENT AUTHORITY IN DEVELOPING THEIR TRANSITION PLANS.
   (III)  THE  DEPARTMENT, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY PURSUANT TO SECTIONS EIGHTEEN HUNDRED
 FIFTY-FOUR AND EIGHTEEN HUNDRED EIGHTY-FOUR OF  THE  PUBLIC  AUTHORITIES
 LAW  AND ANY OTHER RELEVANT SECTIONS, SHALL PROVIDE TECHNICAL ASSISTANCE
 TO PUBLIC TRANSPORTATION SYSTEMS UPON REQUEST, AND SHALL PROVIDE ASSIST-
 ANCE TO PUBLIC TRANSPORTATION SYSTEMS UPON  REQUEST  FOR  ASSISTANCE  IN
 S. 3535--C                          4
 
 PURSUING  STATE  AND  FEDERAL GRANT AND OTHER FUNDING OPPORTUNITIES. THE
 DEPARTMENT SHALL ALSO FACILITATE THE COORDINATION OF PURCHASING, INSTAL-
 LATION AND SHARING SERVICES BETWEEN PUBLIC TRANSPORTATION SYSTEMS  SERV-
 ING  PRIMARILY  OUTSIDE  OF  CITIES  WITH A POPULATION OF ONE MILLION OR
 MORE.
   (C) PUBLIC TRANSPORTATION SYSTEMS  SHALL  SOLICIT  PUBLIC  COMMENT  IN
 DEVELOPING  TRANSITION PLANS, AND ARE AUTHORIZED TO HOLD PUBLIC HEARINGS
 AND MEETINGS IN ACCORDANCE WITH ARTICLE SEVEN  OF  THE  PUBLIC  OFFICERS
 LAW,  AND  CONSULT  WITH  ANY  ORGANIZATION, EDUCATIONAL INSTITUTION, OR
 OTHER GOVERNMENT ENTITY OR PERSON, TO ENABLE THEM  TO  ACCOMPLISH  THEIR
 DUTIES.
   (D)  THE  DEPARTMENT  SHALL PUBLISH TRANSITION PLANS ON THEIR PUBLICLY
 ACCESSIBLE WEBSITE WITHIN THIRTY DAYS OF THE PLANS BEING FINALIZED  WITH
 THE DEPARTMENT.
   § 2. The transportation law is amended by adding a new section 18-c to
 read as follows:
   §  18-C.  CAPITAL  PLAN  REQUIREMENTS.  IN  FORMULATING  THE FIVE-YEAR
 DEPARTMENT OF TRANSPORTATION CAPITAL PLANS, THE  DEPARTMENT  SHALL:  (A)
 CONSIDER  THE  REQUIREMENT OF SECTION SEVENTEEN-C OF THIS ARTICLE IN ITS
 DISBURSEMENT OF PAYMENT FOR THE COSTS  OF  MASS  TRANSPORTATION  CAPITAL
 PROJECTS  AND  FACILITIES AND GIVE PREFERENCE IN THE FORM OF PAYMENTS TO
 PUBLIC TRANSPORTATION SYSTEMS ELIGIBLE TO RECEIVE  OPERATING  ASSISTANCE
 UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF THIS ARTICLE THAT ARE ABLE
 TO  DEMONSTRATE  COMMITMENTS  MADE  TOWARDS  PURCHASING AND RETROFITTING
 ZERO-EMISSION BUSES AND RELATED EQUIPMENT AND FACILITIES; AND (B) FACIL-
 ITATE FOR PURPOSES OF MEETING THE REQUIREMENT OF SECTION SEVENTEEN-C  OF
 THIS  ARTICLE  THE  COORDINATION OF PURCHASING, INSTALLATION AND SHARING
 SERVICES BETWEEN PUBLIC TRANSPORTATION SYSTEMS SERVING PRIMARILY OUTSIDE
 THE CITY OF NEW YORK.
   § 3. Section 2878-a of the public authorities law is amended by adding
 a new subdivision 3 to read as follows:
   3. (A) A TRANSPORTATION AUTHORITY ESTABLISHED UNDER THIS CHAPTER  MAY,
 BY  RESOLUTION  APPROVED  BY  A  TWO-THIRDS  VOTE OF ITS MEMBERS THEN IN
 OFFICE, OR BY A DECLARATION THAT COMPETITIVE BIDDING IS  IMPRACTICAL  OR
 INAPPROPRIATE WITH RESPECT TO ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK,
 VEHICLES  OR  OTHER  RELATED  EQUIPMENT  BECAUSE  THE  ITEM IS AVAILABLE
 THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR  AND  (I)  ANOTHER  PUBLIC
 AUTHORITY  PROVIDED  THAT  SUCH  OTHER  AUTHORITY  UTILIZED A PROCESS OF
 COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE REQUESTS  FOR  PROPOSALS
 TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW YORK, OR (III) A POLI-
 TICAL  SUBDIVISION  OF  THE STATE OF NEW YORK, PROVIDED THAT IN ANY CASE
 WHEN UNDER THIS SUBDIVISION THE AUTHORITY DETERMINES THAT OBTAINING SUCH
 ITEM THEREBY WOULD BE IN THE PUBLIC INTEREST AND SETS FORTH THE  REASONS
 FOR  SUCH  DETERMINATION. THE AUTHORITY SHALL ACCEPT SOLE RESPONSIBILITY
 FOR ANY PAYMENT DUE THE VENDOR AS A RESULT OF THE AUTHORITY'S ORDER.  IN
 EACH  CASE  WHERE THE AUTHORITY DECLARES COMPETITIVE BIDDING IMPRACTICAL
 OR INAPPROPRIATE, IT SHALL STATE THE  REASON  THEREFOR  IN  WRITING  AND
 SUMMARIZE ANY NEGOTIATIONS THAT HAVE BEEN CONDUCTED. THE AUTHORITY SHALL
 NOT  AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVISION EARLIER THAN THIRTY
 DAYS FROM THE DATE ON WHICH  THE  AUTHORITY  DECLARES  THAT  COMPETITIVE
 BIDDING  IS  IMPRACTICAL  OR  INAPPROPRIATE.  ALL  PROCUREMENTS APPROVED
 PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
 THE DEPARTMENT OF AUDIT AND  CONTROL  OR  ANY  SUCCESSOR  AGENCIES.  FOR
 PURPOSES  OF  THIS  SUBDIVISION,  "TRANSPORTATION  AUTHORITY"  SHALL NOT
 INCLUDE TRANSPORTATION AUTHORITIES GOVERNED UNDER  TITLES  NINE,  NINE-A
 AND  ELEVEN  OF  ARTICLE  FIVE OF THIS CHAPTER OR TITLE THREE OF ARTICLE
 S. 3535--C                          5
 
 THREE OF THIS CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION,  "ELECTRIC-
 POWERED OMNIBUSES" SHALL INCLUDE ANY BUS OWNED, LEASED, RENTED OR OTHER-
 WISE  CONTROLLED BY THE AUTHORITY THAT OTHERWISE MEETS THE DEFINITION OF
 BUS  PROVIDED  IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND TRAFFIC
 LAW THAT IS PROPELLED BY AN ELECTRIC MOTOR AND  ASSOCIATED  POWER  ELEC-
 TRONICS  WHICH  PROVIDE  ACCELERATION  TORQUE TO THE DRIVE WHEELS DURING
 NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL
 OR FROM A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM  AN  EXTERNAL
 SOURCE  OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF
 ATMOSPHERIC POLLUTANTS.
   (B) (I) NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  ALL
 RIGHTS  OR  BENEFITS,  INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
 PROTECTION OF CIVIL SERVICE AND  COLLECTIVE  BARGAINING  STATUS  OF  ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
 OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING  PARTIAL
 DISPLACEMENT SUCH AS A REDUCTION IN  THE  HOURS  OF  NON-OVERTIME  WORK,
 WAGES,  OR  EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT OF EXISTING
 COLLECTIVE BARGAINING AGREEMENTS; (2) TRANSFER OF  EXISTING  DUTIES  AND
 FUNCTIONS  RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY  PERFORMED BY
 EXISTING  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING  ENTITY;  OR
 (3)    TRANSFER  OF FUTURE DUTIES AND FUNCTIONS ORDINARILY PERFORMED  BY
 EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
 ESS FOR NEW  ELECTRIC-POWERED  OMNIBUSES,  ROLLING  STOCK,  VEHICLES  OR
 RELATED  EQUIPMENT, THE AUTHORITY SHALL CREATE AND IMPLEMENT A WORKFORCE
 DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER  OF  JOBS  PROVIDED  BY
 EXISTING  OMNIBUSES,  ROLLING STOCK, VEHICLES OR EQUIPMENT THAT WOULD BE
 ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE PURCHASE, AS WELL  AS  THE
 NUMBER  OF  JOBS EXPECTED TO BE CREATED AT THE AUTHORITY BY THE PROPOSED
 PURCHASE OVER A SIX-YEAR PERIOD FROM THE DATE OF THE PUBLICATION OF  THE
 WORKFORCE  DEVELOPMENT  REPORT,  (2) IDENTIFIES GAPS IN SKILLS NEEDED TO
 OPERATE AND MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLLING  STOCK,
 VEHICLES  OR  RELATED  EQUIPMENT,  (3)  INCLUDES A COMPREHENSIVE PLAN TO
 TRANSITION, TRAIN,  OR  RETRAIN  EMPLOYEES  THAT  ARE  IMPACTED  BY  THE
 PROPOSED  PURCHASE,  AND (4) CONTAINS AN ESTIMATED BUDGET TO TRANSITION,
 TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE.
   (C) NOTHING CONTAINED HEREIN SHALL BE  CONSTRUED  TO  AFFECT  (I)  THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE  ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN THE
 EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING  THE  PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR  RELATED  EQUIPMENT,  THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
 THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY  POTENTIAL  JOBS  THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   §  4.  Section 104 of the general municipal law is amended by adding a
 new subdivision 3 to read as follows:
   3. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE  OF
 THIS  ARTICLE  OR  OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF
 EXECUTIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES  A
 PUBLIC  TRANSPORTATION  SYSTEM  IS AUTHORIZED TO MAKE PURCHASES OF ELEC-
 TRIC-POWERED OMNIBUSES OR OTHER  RELATED  EQUIPMENT  UPON  A  RESOLUTION
 APPROVED  BY  A  TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE
 ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND  (I)
 S. 3535--C                          6
 
 A  PUBLIC  AUTHORITY  OF  THE  STATE  PROVIDED THAT SUCH OTHER AUTHORITY
 UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A  PROCESS  OF  COMPETITIVE
 REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (II) THE STATE OF NEW
 YORK,  OR  (III)  A  POLITICAL  SUBDIVISION  OF  THE  STATE OF NEW YORK,
 PROVIDED THAT IN ANY CASE WHEN  UNDER  THIS  SUBDIVISION  THE  POLITICAL
 SUBDIVISION  DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE
 PUBLIC INTEREST AND SETS FORTH THE REASONS FOR SUCH  DETERMINATION.  THE
 POLITICAL  SUBDIVISION  SHALL  NOT  AWARD  ANY CONTRACT PURSUANT TO THIS
 SUBDIVISION EARLIER THAN THIRTY DAYS FROM THE DATE ON  WHICH  THE  POLI-
 TICAL  SUBDIVISION  DECLARES  THAT COMPETITIVE BIDDING IS IMPRACTICAL OR
 INAPPROPRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY
 THE POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE  DEPARTMENT
 OF  AUDIT  AND  CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVI-
 SION, "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPOR-
 TATION SYSTEM" SHALL NOT  INCLUDE  TRANSPORTATION  AUTHORITIES  GOVERNED
 UNDER  TITLES  NINE,  NINE-A  AND  ELEVEN  OF ARTICLE FIVE OF THE PUBLIC
 AUTHORITIES LAW OR TITLE THREE OF ARTICLE THREE OF THE  PUBLIC  AUTHORI-
 TIES  LAW. FOR THE PURPOSES OF THIS SUBDIVISION, "ELECTRIC-POWERED OMNI-
 BUSES"  SHALL  INCLUDE  ANY  BUS  OWNED,  LEASED,  RENTED  OR  OTHERWISE
 CONTROLLED  BY  THE POLITICAL SUBDIVISION THAT OTHERWISE MEETS THE DEFI-
 NITION OF BUS PROVIDED IN SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND
 TRAFFIC LAW THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED  POWER
 ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING
 NORMAL VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL
 OR  FROM  A BATTERY WHICH IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL
 SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION  OF
 ATMOSPHERIC POLLUTANTS.
   (B)  (I)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ALL
 RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
 OF  ANY CURRENTLY   EMPLOYED   WORKER  OR  LOSS  OF  POSITION, INCLUDING
 PARTIAL DISPLACEMENT SUCH AS A REDUCTION  IN THE HOURS  OF  NON-OVERTIME
 WORK,  WAGES,  OR  EMPLOYMENT  BENEFITS,  OR RESULT IN THE IMPAIRMENT OF
 EXISTING COLLECTIVE BARGAINING  AGREEMENTS;  (2)  TRANSFER  OF  EXISTING
 DUTIES  AND  FUNCTIONS  RELATED  TO MAINTENANCE AND OPERATIONS CURRENTLY
 PERFORMED BY EXISTING  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY; OR (3)   TRANSFER OF  FUTURE  DUTIES  AND  FUNCTIONS  ORDINARILY
 PERFORMED  BY  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
 ESS  FOR  NEW  ELECTRIC-POWERED  OMNIBUSES,  ROLLING  STOCK, VEHICLES OR
 RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL  CREATE  AND
 IMPLEMENT  A  WORKFORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER
 OF JOBS PROVIDED BY  EXISTING  OMNIBUSES,  ROLLING  STOCK,  VEHICLES  OR
 EQUIPMENT  THAT  WOULD  BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE
 PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE  CREATED  AT  THE
 TRANSIT  PROVIDER  BY  THE PROPOSED PURCHASE OVER A SIX-YEAR PERIOD FROM
 THE DATE OF THE PUBLICATION OF THE  WORKFORCE  DEVELOPMENT  REPORT,  (2)
 IDENTIFIES  GAPS  IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW ELEC-
 TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES  OR  RELATED  EQUIPMENT,
 (3)  INCLUDES  A  COMPREHENSIVE  PLAN  TO  TRANSITION, TRAIN, OR RETRAIN
 EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND  (4)  CONTAINS
 AN  ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE
 IMPACTED BY THE PROPOSED PURCHASE.
 S. 3535--C                          7
 
   (C) NOTHING CONTAINED HEREIN SHALL BE  CONSTRUED  TO  AFFECT  (I)  THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE  ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN THE
 EMPLOYER  AND  AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING THE PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR RELATED EQUIPMENT, THE TRANSIT AGENCY OR  MUNICIPALITY  SHALL  INFORM
 THE  RESPECTIVE  COLLECTIVE  BARGAINING AGENT OF ANY POTENTIAL JOBS THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   § 5. Section 104 of the general municipal law, as amended  by  section
 27  of  part  L of chapter 55 of the laws of 2012, is amended to read as
 follows:
   § 104. Purchase through office of general services. 1. Notwithstanding
 the provisions of section one hundred three of this article  or  of  any
 other  general,  special or local law, any officer, board or agency of a
 political subdivision, of a district therein, of a fire company or of  a
 voluntary  ambulance  service is authorized to make purchases of commod-
 ities and services available pursuant to section one hundred sixty-three
 of the state finance law, may make such purchases through the office  of
 general  services  subject to such rules as may be established from time
 to time pursuant to section one hundred sixty-three of the state finance
 law or through the general services administration pursuant  to  section
 1555  of the federal acquisition streamlining act of 1994, P.L. 103-355;
 provided that any such purchase shall exceed five  hundred  dollars  and
 that  the  political  subdivision,  district,  fire company or voluntary
 ambulance service for which such officer, board  or  agency  acts  shall
 accept sole responsibility for any payment due the vendor. All purchases
 shall  be  subject to audit and inspection by the political subdivision,
 district, fire company or voluntary ambulance service for which made. No
 officer, board or agency of a political subdivision, or a district ther-
 ein, of a fire company or of a voluntary ambulance  service  shall  make
 any  purchase  through such office when bids have been received for such
 purchase by such officer, board or agency, unless such purchase  may  be
 made upon the same terms, conditions and specifications at a lower price
 through  such  office. Two or more fire companies or voluntary ambulance
 services may join in making purchases pursuant to this section, and  for
 the purposes of this section such groups shall be deemed "fire companies
 or voluntary ambulance services."
   2.  (A) NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
 THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL  LAW,  ANY  CHIEF
 EXECUTIVE  OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A
 PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE  PURCHASES  OF  ELEC-
 TRIC-POWERED  OMNIBUSES  OR  OTHER  RELATED  EQUIPMENT UPON A RESOLUTION
 APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN  OFFICE  BECAUSE  THE
 ITEM  IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (A)
 A PUBLIC AUTHORITY OF THE  STATE  PROVIDED  THAT  SUCH  OTHER  AUTHORITY
 UTILIZED  A  PROCESS  OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE
 REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF  NEW
 YORK,  OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED
 THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE  POLITICAL  SUBDIVISION
 DETERMINES  THAT  OBTAINING  SUCH  ITEM  THEREBY  WOULD BE IN THE PUBLIC
 INTEREST AND SETS FORTH THE REASONS FOR SUCH  DETERMINATION.  THE  POLI-
 TICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVI-
 SION  EARLIER  THAN  THIRTY  DAYS  FROM  THE DATE ON WHICH THE POLITICAL
 SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO-
 S. 3535--C                          8
 
 PRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND  INSPECTION  BY  THE
 POLITICAL  SUBDIVISION  FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT OF
 AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES OF  THIS  SUBDIVISION,
 "POLITICAL  SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPORTATION
 SYSTEM" SHALL NOT  INCLUDE  TRANSPORTATION  AUTHORITIES  GOVERNED  UNDER
 TITLES NINE, NINE-A AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES
 LAW  OR  TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW. FOR
 THE PURPOSES OF THIS  SUBDIVISION,  "ELECTRIC-POWERED  OMNIBUSES"  SHALL
 INCLUDE  ANY  BUS  OWNED,  LEASED, RENTED OR OTHERWISE CONTROLLED BY THE
 POLITICAL  SUBDIVISION  THAT  OTHERWISE  MEETS  THE  DEFINITION  OF  BUS
 PROVIDED  IN  SECTION FIVE HUNDRED NINE-A OF THE VEHICLE AND TRAFFIC LAW
 THAT IS PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER  ELECTRONICS
 WHICH  PROVIDE  ACCELERATION  TORQUE  TO  THE DRIVE WHEELS DURING NORMAL
 VEHICLE OPERATION AND DRAWS ELECTRICITY FROM A  HYDROGEN  FUEL  CELL  OR
 FROM  A  BATTERY  WHICH  IS  CAPABLE OF BEING RECHARGED FROM AN EXTERNAL
 SOURCE OF ELECTRICITY; OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION  OF
 ATMOSPHERIC POLLUTANTS.
   (B)  (I)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ALL
 RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION  OF  CIVIL  SERVICE  AND  COLLECTIVE BARGAINING STATUS OF ALL
 EXISTING  EMPLOYEES  OF  AUTHORIZED  ENTITIES  SHALL  BE  PRESERVED  AND
 PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (1) DISPLACEMENT
 OF  ANY CURRENTLY   EMPLOYED   WORKER  OR  LOSS  OF  POSITION, INCLUDING
 PARTIAL DISPLACEMENT SUCH AS A REDUCTION  IN THE HOURS  OF  NON-OVERTIME
 WORK,  WAGES,  OR  EMPLOYMENT  BENEFITS,  OR RESULT IN THE IMPAIRMENT OF
 EXISTING COLLECTIVE BARGAINING  AGREEMENTS;  (2)  TRANSFER  OF  EXISTING
 DUTIES  AND  FUNCTIONS  RELATED  TO MAINTENANCE AND OPERATIONS CURRENTLY
 PERFORMED BY EXISTING  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING
 ENTITY; OR (3)   TRANSFER OF  FUTURE  DUTIES  AND  FUNCTIONS  ORDINARILY
 PERFORMED  BY  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (II) AT LEAST ONE YEAR PRIOR TO THE BEGINNING OF THE PROCUREMENT PROC-
 ESS  FOR  NEW  ELECTRIC-POWERED  OMNIBUSES,  ROLLING  STOCK, VEHICLES OR
 RELATED EQUIPMENT, THE TRANSIT AGENCY OR MUNICIPALITY SHALL  CREATE  AND
 IMPLEMENT  A  WORKFORCE DEVELOPMENT REPORT THAT (1) FORECASTS THE NUMBER
 OF JOBS PROVIDED BY  EXISTING  OMNIBUSES,  ROLLING  STOCK,  VEHICLES  OR
 EQUIPMENT  THAT  WOULD  BE ELIMINATED OR SUBSTANTIALLY CHANGED AFTER THE
 PURCHASE, AS WELL AS THE NUMBER OF JOBS EXPECTED TO BE  CREATED  AT  THE
 TRANSIT  PROVIDER  BY  THE PROPOSED PURCHASE OVER A SIX-YEAR PERIOD FROM
 THE DATE OF THE PUBLICATION OF THE  WORKFORCE  DEVELOPMENT  REPORT,  (2)
 IDENTIFIES  GAPS  IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW ELEC-
 TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES  OR  RELATED  EQUIPMENT,
 (3)  INCLUDES  A  COMPREHENSIVE  PLAN  TO  TRANSITION, TRAIN, OR RETRAIN
 EMPLOYEES THAT ARE IMPACTED BY THE PROPOSED PURCHASE, AND  (4)  CONTAINS
 AN  ESTIMATED BUDGET TO TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE
 IMPACTED BY THE PROPOSED PURCHASE.
   (C) NOTHING CONTAINED HEREIN SHALL BE  CONSTRUED  TO  AFFECT  (I)  THE
 EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLECTIVE BARGAIN-
 ING AGREEMENT, OR (II) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG
 EMPLOYEE  ORGANIZATIONS  OR  THE  BARGAINING  RELATIONSHIPS  BETWEEN THE
 EMPLOYER AND AN EMPLOYEE ORGANIZATION. PRIOR TO BEGINNING  THE  PROCURE-
 MENT PROCESS FOR NEW ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES
 OR  RELATED  EQUIPMENT,  THE TRANSIT AGENCY OR MUNICIPALITY SHALL INFORM
 THE RESPECTIVE COLLECTIVE BARGAINING AGENT OF ANY  POTENTIAL  JOBS  THAT
 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
 S. 3535--C                          9
 
   § 6. The transportation law is amended by adding a new section 18-d to
 read as follows:
   §  18-D.  ZERO-EMISSION  BUS PROCUREMENT CONTRACT PROPOSALS.  1. EVERY
 PUBLIC TRANSPORTATION SYSTEM ELIGIBLE TO  RECEIVE  OPERATING  ASSISTANCE
 PURSUANT  TO  SECTION EIGHTEEN-B OF THIS ARTICLE SHALL USE A SYSTEM THAT
 INCORPORATES A BEST-VALUE CONTRACTING FRAMEWORK TO CONSIDER THE QUALITY,
 COST AND EFFICIENCY OF OFFERORS  WHEN  EVALUATING  PROCUREMENT  CONTRACT
 PROPOSALS FOR THE PURCHASE OF ZERO-EMISSION BUSES AND CHARGING EQUIPMENT
 IN  THE  EVENT IT ADOPTS A BEST-VALUE CONTRACTING FRAMEWORK. SUCH FRAME-
 WORK SHALL REFLECT, WHENEVER POSSIBLE, OBJECTIVE AND QUANTIFIABLE ANALY-
 SIS. SUCH FRAMEWORK SHALL IDENTIFY A QUANTITATIVE  FACTOR  FOR  OFFERORS
 THAT  PRIORITIZE  AND INCLUDE THE FOLLOWING IN SUCH PROCUREMENT CONTRACT
 PROPOSAL:
   (A) AN EMPLOYMENT PLAN WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) WORKER WAGES, INCLUDING THE CONTRACTOR'S RECORD OF COMPLIANCE WITH
 PREVAILING WAGE REQUIREMENTS ENFORCED BY THE UNITED STATES OR  NEW  YORK
 STATE DEPARTMENT OF LABOR;
   (II) WORKER BENEFITS;
   (III) WORKER SAFETY;
   (IV) TRAINING, RETRAINING, AND REGISTERED APPRENTICESHIP PROGRAMS; AND
   (V)  A  COMMITMENT TO CREATE HIGH QUALITY JOBS WITHIN THE STATE TO THE
 MAXIMUM EXTENT PRACTICABLE FOR DISADVANTAGED OR  UNDERREPRESENTED  INDI-
 VIDUALS;
   (B) A COMMITMENT TO CONSIDER THE INTERESTS OF MEMBERS OF THE COMMUNITY
 THAT  SURROUND  SUCH  OFFEROR'S FACILITY AND THE INTERESTS OF MEMBERS OF
 THE COMMUNITY FROM WHICH WORKERS ARE RECRUITED; AND
   (C) A DESCRIPTION OF EFFORTS BY THE OFFEROR TO  LOWER  GREENHOUSE  GAS
 EMISSIONS AND SUCH OFFEROR'S IMPACT ON CLIMATE CHANGE.
   2.  THE FRAMEWORK ESTABLISHED BY SUBDIVISION ONE OF THIS SECTION SHALL
 INCLUDE NOTICE TO OFFERORS STATING THAT:
   (A) THE TERMS AND CONDITIONS  OF  EMPLOYMENT,  CONTENT  OF  EMPLOYMENT
 PLANS  AND  REPORTS REQUIRED BY THIS SECTION SHALL BE SUBJECT TO DISCLO-
 SURE UNDER THE FREEDOM OF INFORMATION LAW; AND
   (B) THE FINAL CONTRACT AND COMPLIANCE DOCUMENTS SHALL BE  MADE  AVAIL-
 ABLE TO THE PUBLIC ON THE DEPARTMENT'S WEBSITE.
   3.  FOR  PURPOSES  OF  THIS SECTION "ZERO-EMISSION BUS" SHALL HAVE THE
 SAME MEANING AS SET FORTH IN SUBDIVISION TWO OF SECTION  SEVENTEEN-C  OF
 THIS ARTICLE.
   4.  PUBLIC TRANSPORTATION SYSTEMS SHALL COORDINATE WITH THE DEPARTMENT
 TO ENSURE COMPLIANCE WITH SECTION ONE HUNDRED THIRTY-NINE-I OF THE STATE
 FINANCE LAW.
   5. (A) THE DEPARTMENT SHALL PROMULGATE REGULATIONS  TO  ESTABLISH  THE
 FORMS,  MANNER  AND  PROCESS  BY  WHICH  OFFERORS  SHALL SUBMIT CONTRACT
 PROPOSALS PURSUANT TO THIS SECTION.    SUCH  REGULATIONS  SHALL  INCLUDE
 REQUIREMENTS  TO  DEMONSTRATE  DETAILS OF SUCH OFFERORS' EMPLOYMENT PLAN
 AND COMPLIANCE WITH THIS SECTION, INCLUDING WITHOUT LIMITATION REQUIRING
 APPLICANTS FOR CONTRACTS USING FEDERAL FUNDS TO COMPLETE A UNITED STATES
 JOBS PLAN FORM IN COMPLIANCE WITH SECTIONS  200.319(C)  AND  200.322  OF
 TITLE  2  OF THE CODE OF FEDERAL REGULATIONS. SUCH REGULATIONS SHALL NOT
 REQUIRE ANY MINIMUM COMMITMENTS OTHER THAN  THOSE  ALREADY  REQUIRED  BY
 RELEVANT FEDERAL, STATE, AND LOCAL LAWS.
   (B)  THE  UNITED STATES JOBS PLAN SHALL INCLUDE WITHOUT LIMITATION THE
 FOLLOWING  INFORMATION  ON  THE  OFFEROR'S  PROPOSED  JOB  CREATION  AND
 RETENTION PROJECTIONS WITH RESPECT TO THE CONTRACT PROPOSAL:
   (I) THE NUMBER OF FULL-TIME NON-TEMPORARY JOBS PROPOSED TO BE RETAINED
 AND CREATED.
 S. 3535--C                         10
 
   (II)  THE  NUMBER  OF FULL-TIME TEMPORARY JOBS PROPOSED TO BE RETAINED
 AND CREATED.
   (III)  THE  NUMBER OF PART-TIME TEMPORARY JOBS PROPOSED TO BE RETAINED
 AND CREATED.
   (IV) THE  NUMBER  OF  PART-TIME  NON-TEMPORARY  JOBS  PROPOSED  TO  BE
 RETAINED AND CREATED.
   (V)  THE  NUMBER OF JOBS CLASSIFIED AS EMPLOYEE, AS DEFINED IN SECTION
 SEVEN HUNDRED FORTY OF THE LABOR LAW.
   (VI) THE NUMBER OF POSITIONS  CLASSIFIED  AS  INDEPENDENT  CONTRACTOR,
 WHICH MAY NOT INCLUDE ANY JOBS CLASSIFIED AS EMPLOYEES.
   (VII)  THE  NUMBER  OF ALL JOBS PROPOSED TO BE RETAINED OR CREATED FOR
 INDIVIDUALS FACING BARRIERS TO EMPLOYMENT.
   (VIII) THE NUMBER OF ALL JOBS PROPOSED TO BE RETAINED OR  CREATED  FOR
 DISPLACED WORKERS.
   (IX) THE WAGE LEVELS BY JOB CLASSIFICATION.
   (X) PROPOSED AMOUNTS TO BE PAID FOR FRINGE BENEFITS BY JOB CLASSIFICA-
 TION.
   (XI)  PROPOSED  AMOUNTS  TO BE PAID FOR WORKER TRAINING BY JOB CLASSI-
 FICATION.
   (XII) INFORMATION ON TRAINING PROGRAMS  TARGETED  SPECIFICALLY  TOWARD
 INDIVIDUALS FACING BARRIERS TO EMPLOYMENT AND DISPLACED WORKERS.
   (XIII)  IN  THE EVENT THAT A FEDERAL AUTHORITY SPECIFICALLY AUTHORIZES
 USE OF A GEOGRAPHIC PREFERENCE OR WHEN STATE OR LOCAL FUNDS ARE USED  TO
 FUND  A  CONTRACT, PROPOSED LOCAL JOBS CREATED IN THE STATE OR WITHIN AN
 EXISTING FACILITY IN THE STATE THAT ARE RELATED TO THE MANUFACTURING  OF
 ZERO-EMISSION BUSES AND CHARGING INFRASTRUCTURE.
   (C)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (I) "DISPLACED WORKER" MEANS:
   (1) ANY EMPLOYEE WHO WAS EMPLOYED BY THE EMPLOYER FOR  SIX  MONTHS  OR
 MORE  IN THE TWELVE MONTHS PRECEDING THE JANUARY THIRTY-FIRST, TWO THOU-
 SAND TWENTY, DECLARATION OF A NATIONAL STATE OF EMERGENCY BY THE  PRESI-
 DENT,  AND WHOSE MOST RECENT SEPARATION FROM ACTIVE SERVICE WAS DUE TO A
 PUBLIC HEALTH DIRECTIVE, GOVERNMENT SHUTDOWN ORDER, LACK OF BUSINESS,  A
 REDUCTION IN FORCE, OR OTHER ECONOMIC, NONDISCIPLINARY REASON RELATED TO
 THE COVID-19 PANDEMIC.
   (2)  ANY EMPLOYEE WHOSE MOST RECENT SEPARATION FROM ACTIVE SERVICE WAS
 DUE TO LACK OF BUSINESS,  A  REDUCTION  IN  FORCE,  OR  OTHER  ECONOMIC,
 NONDISCIPLINARY  REASON  RELATED  TO THE TRANSITION FROM THE FOSSIL-FUEL
 RELIANT BUSES TO ZERO-EMISSION BUSES.
   (II) "INDIVIDUAL FACING BARRIERS TO EMPLOYMENT" MEANS  EITHER  OF  THE
 FOLLOWING:
   (1)  AN  INDIVIDUAL  FACING  BARRIERS  TO EMPLOYMENT AS DEFINED BY THE
 COMMISSIONER OR, OTHERWISE
   (2) AN INDIVIDUAL FROM A DEMOGRAPHIC GROUP THAT REPRESENTS  LESS  THAN
 THIRTY  PERCENT  OF  THEIR  RELEVANT INDUSTRY WORKFORCE ACCORDING TO THE
 UNITED STATES BUREAU OF LABOR STATISTICS.
   (III) "NEW HIRE" MEANS AN EMPLOYEE WHOSE FIRST DAY OF EMPLOYMENT  WILL
 BE ON OR AFTER THE DATE THE CONTRACT BEGINS.
   (IV)  "INCUMBENT WORKER" MEANS CURRENT EMPLOYEES, EITHER NON-TEMPORARY
 OR TEMPORARY FULL-TIME EMPLOYEE, WHO WILL BE RETAINED  AND  ASSIGNED  TO
 PERFORM WORK IN FURTHERANCE OF THE CONTRACT.
   (V)  "TEMPORARY JOB" MEANS A JOB FOR WHICH THE EMPLOYEE IS SUPPLIED BY
 AN EMPLOYMENT AGENCY, AS DEFINED IN ARTICLE ELEVEN OF THE GENERAL  BUSI-
 NESS LAW.
 S. 3535--C                         11
 
   (D)  (I)  THE DEPARTMENT SHALL CREATE A WORKBOOK THAT INCLUDES WITHOUT
 LIMITATION THE ITEMS LISTED IN PARAGRAPH  (B)  OF  THIS  SUBDIVISION  IN
 ORDER  TO  ENSURE THAT ALL IMPACTED TRANSIT AGENCIES HAVE A STANDARD AND
 CONSISTENT METHOD TO EVALUATE THE BID PROPOSALS AND QUANTITATIVE COMMIT-
 MENTS  MADE  IN  THE  UNITED STATES JOBS PLANS AND RELEVANT LOCAL HIRING
 ADDENDA. THE DEPARTMENT SHALL ALSO UTILIZE AN INTERNAL ACCOUNTING SYSTEM
 ALLOWING FOR SEGREGATING AND AUDITING OF WORKERS' HOURS AND  COSTS  SUCH
 AS  THOSE OF NEW HIRES AND INCUMBENT WORKERS PURSUANT TO EMPLOYMENT PLAN
 COMMITMENTS.
   (II)  THE  DEPARTMENTAL  WORKBOOK  SHALL  ALSO  ACCOUNT  FOR  PROPOSED
 IN-STATE  FACILITY COMMITMENTS RELATED TO MANUFACTURING OF ZERO-EMISSION
 BUSES AND CHARGING INFRASTRUCTURE. THE WORKBOOK SHALL INCLUDE  A  METHOD
 TO  EVALUATE:    (1)  THE ACTIVITY PERFORMED AT THE FACILITY; (2) IF THE
 FACILITY IS CONSTRUCTED OR REHABILITATED  TO  MANUFACTURE  ZERO-EMISSION
 BUSES  OR  CHARGING  INFRASTRUCTURE;  (3) NAICS CODE ASSOCIATED WITH THE
 FACILITY'S PRIMARY INDUSTRIAL ACTIVITIES; (4) IF THE SITE IS LOCATED  IN
 A  BROWNFIELD  LOCATION; (5) IF THE FACILITY IS LEASED OR PURCHASED; AND
 (6)  ANY OTHER FEES OR COSTS ASSOCIATED WITH THE PROPOSED FACILITY.
   6. IN THE FIRST FULL YEAR IN  WHICH  A  PUBLIC  TRANSPORTATION  SYSTEM
 ENTERS  INTO A CONTRACT FOR THE PROCUREMENT OF ZERO-EMISSION BUSES, SUCH
 PUBLIC TRANSPORTATION SYSTEM SHALL ISSUE  A  REPORT  ON  OR  BEFORE  THE
 BEGINNING  OF  EACH  FISCAL  QUARTER TO THE COMMISSIONER.   ON OR BEFORE
 DECEMBER THIRTY-FIRST OF EACH YEAR THEREAFTER, SUCH  PUBLIC  TRANSPORTA-
 TION  SYSTEM SHALL ISSUE A REPORT TO THE COMMISSIONER, THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER  OF  THE  SENATE,
 THE  SPEAKER  OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY. SUCH
 REPORTS SHALL DETAIL COMPLIANCE WITH THE PROVISIONS OF THIS  SECTION  BY
 SUCH PUBLIC TRANSPORTATION SYSTEM, DETAIL COMPLIANCE WITH THE PROVISIONS
 OF  THIS  SECTION  BY  RELEVANT  CONTRACTING  ENTITIES AND SHALL INCLUDE
 DESCRIPTIONS OF FACTORS CONSIDERED IN  EVALUATING  PROCUREMENT  CONTRACT
 PROPOSALS.
   §  7. Severability. The provisions of this act shall be severable, and
 if the application of  any  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act  to any person or circumstance shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion  of  any  such clause, sentence, paragraph, subdivision, section or
 part of this act or remainder thereof, as the case may be, to any  other
 person  or  circumstance,  but shall be confined in its operation to the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 8. This act shall take effect immediately, provided,  however,  that
 sections  six  and  seven of this act shall take effect on the ninetieth
 day after it shall have become a law; provided, further, that the amend-
 ments to section 104 of the general municipal law made by  section  four
 of  this  act  shall  be subject to the expiration and reversion of such
 section pursuant to section 9 of subpart A of part C of  chapter  97  of
 the  laws  of  2011,  as  amended, when upon such date the provisions of
 section five of this act shall take effect.  Effective immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.