S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    990
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Subdivisions 11 and 12 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 9382 and A. 10450, are REPEALED.
   § 2. The state finance law is amended by adding a new section 163-c to
 read as follows:
   § 163-C. PURCHASE OR LEASE OF ZERO EMISSION VEHICLES AND  CHARGING  OR
 FUELING  INFRASTRUCTURE. 1. (A) EACH STATE AGENCY SHALL INCLUDE REQUIRE-
 MENTS IN ANY PROCUREMENT FOR THE PURCHASE  OR  LEASE  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 SUBCON-
 TRACT THERETO SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART  IN
 THE  UNITED STATES, ITS TERRITORIES OR POSSESSIONS AND THAT FINAL ASSEM-
 BLY OF THE ZERO EMISSION VEHICLES AND CHARGING OR FUELING INFRASTRUCTURE
 SHALL OCCUR IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS.
   (B) 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, ITS TERRITO-
 RIES OR POSSESSIONS, WOULD INCREASE THE COST  OF  A  CONTRACT  FOR  ZERO
 EMISSION VEHICLES AND CHARGING OR FUELING INFRASTRUCTURE BY AN UNREASON-
 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

 INFRASTRUCTURE COMPONENTS AND PARTS CANNOT BE PRODUCED, MADE, OR  ASSEM-
 BLED IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS, 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 WEBSITE OF
 THE OFFICE OF GENERAL SERVICES WITH A DETAILED EXPLANATION OF THE  FIND-
 INGS  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 COMMIS-
 SIONER OF GENERAL SERVICES SHALL NO LONGER BE REQUIRED  TO  PROVIDE  THE
 ANNUAL DETERMINATION REQUIRED BY THIS PARAGRAPH.
   2. (A) NOTHING IN THIS SECTION SHALL ALTER THE RIGHTS OR BENEFITS, AND
 PRIVILEGES, INCLUDING BUT NOT LIMITED TO TERMS AND CONDITIONS OF EMPLOY-
 MENT,  CIVIL  SERVICE STATUS, AND COLLECTIVE BARGAINING UNIT MEMBERSHIP,
 OF ANY CURRENT EMPLOYEES OF THE STATE OR ANY AGENCY.
   (B) NOTHING IN THIS  SECTION  SHALL  RESULT  IN:  (I)  THE  DISCHARGE,
 DISPLACEMENT,  OR  LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH
 AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES,  OR  EMPLOYMENT
 BENEFITS;  (II)  THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREE-
 MENTS; (III) THE TRANSFER OF EXISTING DUTIES AND FUNCTIONS; OR (IV)  THE
 TRANSFER OF FUTURE DUTIES AND FUNCTIONS, OF ANY CURRENTLY EMPLOYED WORK-
 ER OF THE STATE OR ANY AGENCY WHO AGREES TO BE RETRAINED.
   (C) PRIOR TO THE BEGINNING OF THE INITIAL PROCUREMENT PROCESS FOR ZERO
 EMISSION  VEHICLES, EACH STATE AGENCY SHALL CREATE AND IMPLEMENT A WORK-
 FORCE DEVELOPMENT REPORT THAT: (I) ESTIMATES THE NUMBER OF CURRENT POSI-
 TIONS IN THE AGENCY THAT WOULD BE SUBSTANTIALLY CHANGED AS A  RESULT  OF
 THE PROPOSED PURCHASE OR LEASE OF ZERO EMISSION VEHICLES, AND THE NUMBER
 OF  POSITIONS  EXPECTED  TO BE CREATED BY THE PURCHASE OR LEASE OVER THE
 INTENDED LIFE OF THE PROPOSED PURCHASE OR LEASE; (II) IDENTIFIES GAPS IN
 SKILLS OF ITS CURRENT WORKFORCE THAT ARE NEEDED TO OPERATE AND  MAINTAIN
 ZERO  EMISSION  VEHICLES; (III) INCLUDES A COMPREHENSIVE PLAN TO TRANSI-
 TION, TRAIN, OR RETRAIN EMPLOYEES THAT  ARE  IMPACTED  BY  THE  PROPOSED
 PURCHASE  OR LEASE; AND (IV) CONTAINS AN ESTIMATED BUDGET TO TRANSITION,
 TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE  PROPOSED  PURCHASE
 OR LEASE.
   (D)  NOTHING  IN THIS SECTION SHALL: (I) LIMIT THE RIGHTS OF EMPLOYEES
 PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT, OR (II) ALTER THE  EXIST-
 ING REPRESENTATIONAL RELATIONSHIPS AMONG COLLECTIVE BARGAINING REPRESEN-
 TATIVES  OR  THE  BARGAINING  RELATIONSHIPS BETWEEN THE EMPLOYER AND ANY
 COLLECTIVE BARGAINING REPRESENTATIVE. EMPLOYEES OF PUBLIC ENTITIES SERV-
 ING IN POSITIONS IN NEWLY CREATED TITLES SHALL BE ASSIGNED TO THE APPRO-
 PRIATE BARGAINING UNIT.
   (E) PRIOR TO BEGINNING THE INITIAL PROCUREMENT PROCESS FOR ZERO  EMIS-
 SION  VEHICLES,  THE  OFFICE OF EMPLOYEE RELATIONS, IN CONSULTATION WITH
 THE STATE AGENCIES INVOLVED,  SHALL  INFORM  THE  EMPLOYEES'  COLLECTIVE
 BARGAINING  REPRESENTATIVE  OF  ANY  POTENTIAL  IMPACT ON ITS MEMBERS OR
 UNIT, INCLUDING POSITIONS THAT MAY  BE  AFFECTED  AS  A  RESULT  OF  THE
 PROPOSED PURCHASE OR LEASE.
   §  3.  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.