SPHERIC POLLUTANTS, AND BEING PAIRED WITH GEOFENCING TECHNOLOGY TO AUTO-
MATICALLY SHUT DOWN THE ENGINE IN SPECIFIED LOCATIONS.
(B) 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.
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) DISPLACE-
MENT 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) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ZERO-EM-
ISSION CAPABLE HYBRID BUSES AND ZERO-EMISSION BUSES, THE TRANSIT AUTHOR-
ITY, AGENCY OR MUNICIPALITY 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 FIVE-YEAR PERIOD FROM THE DATE OF THE PUBLICA-
TION OF THE WORKFORCE DEVELOPMENT REPORT, (II) IDENTIFIES GAPS IN SKILLS
NEEDED TO OPERATE AND MAINTAIN THE NEW ZERO-EMISSION CAPABLE HYBRID
BUSES AND 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 CAPABLE HYBRID BUSES AND ZERO-EMIS-
SION 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.
§ 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
A. 7731 3
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 ZERO-EMISSION CAPABLE
HYBRID BUSES AND ZERO-EMISSION BUSES AND RELATED EQUIPMENT AND FACILI-
TIES; AND (B) FACILITATE 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
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) DISPLACE-
MENT 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
A. 7731 4
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) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ELEC-
TRIC-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
FIVE-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)
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-
A. 7731 5
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) DISPLACE-
MENT 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) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ELEC-
TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIPMENT,
THE TRANSIT AGENCY OR MUNICIPALITY SHALL CREATE AND IMPLEMENT A WORK-
FORCE 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 FIVE-YEAR PERIOD FROM THE DATE OF THE PUBLICA-
TION OF THE WORKFORCE DEVELOPMENT REPORT, (2) IDENTIFIES GAPS IN SKILLS
NEEDED TO OPERATE AND MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLL-
ING 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.
§ 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
A. 7731 6
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-
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
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 ATMOSPHER-
IC 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) DISPLACE-
A. 7731 7
MENT 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) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ELEC-
TRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES OR RELATED EQUIPMENT,
THE TRANSIT AGENCY OR MUNICIPALITY SHALL CREATE AND IMPLEMENT A WORK-
FORCE 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 FIVE-YEAR PERIOD FROM THE DATE OF THE PUBLICA-
TION OF THE WORKFORCE DEVELOPMENT REPORT, (2) IDENTIFIES GAPS IN SKILLS
NEEDED TO OPERATE AND MAINTAIN THE NEW ELECTRIC-POWERED OMNIBUSES, ROLL-
ING 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.
§ 6. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2028; provided, however, 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.