S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3273
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Subdivision  11 of section 201-a of the executive law, as
 added by chapter 836 of the laws of 2022, 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 SUBDI-
 VISION,  THE  TERM  "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
 VEHICLES AND CHARGING OR  FUELING  INFRASTRUCTURE  SHALL  OCCUR  IN  THE
 UNITED  STATES,  ITS TERRITORIES OR POSSESSIONS SHALL BE INCLUDED IN ANY
 PROCUREMENT CONTRACT UNTIL AT LEAST ONE YEAR SHALL HAVE ELAPSED  FOLLOW-
 ING 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03596-01-3
              

 A. 3273                             2
 
 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 fuel-
 ing 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  suffi-
 cient  and  reasonably  available quantities or of satisfactory quality.
 Such determination must be made on an annual basis no later than  Decem-
 ber  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 waiv-
 er  is  warranted  pursuant  to this paragraph, then the commissioner of
 general services shall no longer  be  required  to  provide  the  annual
 determination required by this paragraph.
   (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.
   § 2. This act shall take effect immediately.