S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6089
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2023
                                ___________
 
 Introduced  by Sens. KENNEDY, ADDABBO, BAILEY, BRESLIN, BRISPORT, BROUK,
   COMRIE, COONEY, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL,
   JACKSON, KAVANAGH, KRUEGER, LIU, MANNION, MAY, MAYER,  MYRIE,  PARKER,
   RIVERA, RYAN, SALAZAR, SANDERS, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY,
   THOMAS  --  read  twice  and  ordered  printed, and when printed to be
   committed to the Committee on Transportation
 
 AN ACT to amend the transportation law, in relation to the  purchase  of
   zero-emission  buses;  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;  and  to  amend  the
   public service law, in relation to infrastructure and capacity related
   to  charging  of  electric  buses  and  a tariff for zero-emission bus
   charging
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent. In 2019, New York enacted the Climate
 Leadership and Community Protection Act to reduce the state's volume  of
 greenhouse  gas  emissions by at least 85% as compared to 1990 levels by
 the year 2050.  According to the Climate Action  Council  Scoping  Plan,
 the  transportation  sector  is responsible for approximately 28% of New
 York's total greenhouse gas emissions. Statewide  conversion  of  public
 transit  bus  fleets  is  an important undertaking required to meet this
 emission reduction mandate.
   The legislature recognizes that such a conversion will  entail  fiscal
 obligations  on  the  part  of  transit systems and utility providers in
 order to purchase new buses, renovate  or  replace  bus  depots,  expand
 utility  infrastructure  and  generation  capacity,  and other necessary
 investments to ensure reliable delivery of zero-emission  bus  services.
 Furthermore,  the legislature recognizes that there are existing revenue
 sources which currently fund public transit that rely on the consumption

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10254-03-3
 S. 6089                             2
              

 
 of fossil fuels and which will diminish as  the  number  of  gas-powered
 cars decreases.
   It is the expectation of the legislature that there will be sufficient
 funding  to  support a statewide conversion of public transit bus fleets
 to zero-emission buses, including continued federal support such as what
 has been provided in the Inflation Reduction Act, the Bipartisan Infras-
 tructure Law, the Low or No Emission Vehicle Program, the  Diesel  Emis-
 sions  Reduction  Act,  and  other  federal funding programs, as well as
 state and miscellaneous funding such  as  the  New  York  Truck  Voucher
 Incentive Program and the Volkswagen Clean Air Act Civil Settlement.
   Additionally,  the  legislature  recognizes that current zero-emission
 bus technology is still developing, particularly with respect to  travel
 range,  cold  weather  performance,  and bus availability. Technological
 advances will continue accelerating leading up to and during the covered
 period for zero-emission bus fleet conversion.    Finally,  one  of  the
 greatest  harms  to local communities are localized emissions which have
 an acutely negative impact, particularly to disadvantaged communities as
 defined in the Climate Leadership and Community Protection Act.   There-
 fore  a  coordinated  statewide  effort  to  purchase,  manufacture, and
 utilize zero-emission buses and paratransit vehicles will  help  facili-
 tate  technological  advancement,  reduce overall costs, and help reduce
 harm to our local communities.
   § 2. 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.
   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
 S. 6089                             3
 
 ENTITY;  OR  (III)    TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY
 PERFORMED  BY  EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
   (B)  UPON  THE  EFFECTIVE DATE OF THIS SECTION, THE TRANSIT AUTHORITY,
 AGENCY OR MUNICIPALITY SHALL CREATE AND IMPLEMENT A  WORKFORCE  DEVELOP-
 MENT  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,  VEHI-
 CLES  OR RELATED EQUIPMENT, (III) INCLUDES A COMPREHENSIVE PLAN TO TRAN-
 SITION, 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) (I) WITHIN SIX MONTHS OF THE EFFECTIVE DATE  OF  THIS  SECTION,
 THE  DEPARTMENT  AND  THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY ("NYSERDA"), SHALL CONVENE A WORKING GROUP MADE UP OF  TRANSIT
 AGENCIES,  OTHER  RELEVANT PUBLIC AGENCIES, THE DEPARTMENT, THE NEW YORK
 POWER AUTHORITY, EDUCATIONAL INSTITUTIONS, RELEVANT COMMUNITY  ORGANIZA-
 TIONS,  AND  OTHER  NECESSARY PARTIES, TO CREATE A ZERO-EMISSION ROADMAP
 FOR THE STATE WHICH SHALL IDENTIFY THE ACTIONS NEEDED TO MEET THE  TRAN-
 SITION  GOALS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION.  THE ROAD-
 MAP SHALL  INCLUDE, BUT NOT BE LIMITED TO:
   (1) FINANCIAL AND TECHNICAL GUIDANCE RELATED TO THE PURCHASING, RETRO-
 FITTING, OPERATION, AND MAINTENANCE OF ZERO-EMISSION BUSES;
   (2) AN IDENTIFICATION AND SITING PLAN FOR CHARGING AND FUELING INFRAS-
 TRUCTURE;
   (3) AN IDENTIFICATION OF THE NECESSARY  INVESTMENTS  IN  THE  ELECTRIC
 TRANSMISSION AND DISTRIBUTION GRID;
   (4)  AN  IDENTIFICATION OF HOW TO ENSURE RELATED FACILITY UPGRADES ARE
 COORDINATED TO MAXIMIZE THE COST EFFECTIVENESS AND OVERALL SYSTEM  RELI-
 ABILITY;
   (5)  THE  AVAILABLE  FEDERAL,  STATE, AND LOCAL FUNDING TO PURCHASE OR
 LEASE ZERO-EMISSION BUSES OR CONVERT EXISTING BUSES TO ZERO-EMISSIONS;
   (6) AN IDENTIFICATION OF NEW INCENTIVES AND PROGRAMS  TO  ADVANCE  THE
 DEPLOYMENT AND ADOPTION OF ZERO-EMISSION BUSES;
   (7) STREAMLINING ACTIONS TO FACILITATE THE CONVERSION OF PUBLIC TRANS-
 PORTATION SYSTEMS AND BUS FLEETS;
   (8)  STRATEGIES  CONSISTENT  WITH THE CLIMATE LEADERSHIP AND COMMUNITY
 PROTECTION ACT ENACTED BY CHAPTER ONE HUNDRED SIX OF  THE  LAWS  OF  TWO
 THOUSAND NINETEEN, THAT ENSURE THE DEPLOYMENT OF ZERO-EMISSION BUSES ARE
 PRIORITIZED  IN  DISADVANTAGED COMMUNITIES, AS  DEFINED  IN  SUBDIVISION
 FIVE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (9) IN CONSULTATION WITH THE ENVIRONMENTAL JUSTICE WORKING  GROUP  AND
 THE  CLIMATE ACTION COUNCIL, SHALL, TO THE EXTENT PRACTICABLE, INVEST OR
 S. 6089                             4
 
 DIRECT  AVAILABLE  AND  RELEVANT  PROGRAMMATIC  RESOURCES  IN  A  MANNER
 DESIGNED  TO  ACHIEVE  A  GOAL  FOR DISADVANTAGED COMMUNITIES TO RECEIVE
 FORTY PERCENT OF OVERALL BENEFITS OF SPENDING  CONSISTENT  WITH  SECTION
 75-0117 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (10)  AN ESTIMATION OF THE NUMBER OF PUBLIC OPERATIONS AND MAINTENANCE
 JOBS PROVIDED BY EXISTING OMNIBUSES, ROLLING STOCK, VEHICLES  OR  EQUIP-
 MENT THAT WOULD BE ELIMINATED OR SUBSTANTIALLY CHANGED BY THE TRANSITION
 GOALS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION;
   (11)  IDENTIFIES GAPS IN SKILLS NEEDED TO OPERATE AND MAINTAIN THE NEW
 ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHICLES  OR  RELATED  EQUIP-
 MENT; AND
   (12)  DEVELOPMENT  OF  A  COMPREHENSIVE  PLAN TO TRANSITION, TRAIN, OR
 RETRAIN PUBLIC TRANSPORTATION SYSTEM EMPLOYEES IMPACTED BY  THE  TRANSI-
 TION  GOALS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION, INCLUDING AN
 ESTIMATED BUDGET FOR IMPLEMENTING THIS PLAN AND  THE  IDENTIFICATION  OF
 FUNDING STREAMS TO FUND THIS TRANSITION.
   (II)  THE  DEPARTMENT  AND  NYSERDA SHALL CONVENE A TECHNICAL ADVISORY
 GROUP MADE UP OF DIVERSE STAKEHOLDERS  TO  PROVIDE  THE  DEPARTMENT  AND
 NYSERDA  WITH  RELEVANT  TECHNICAL,  POLICY,  AND  MARKET EXPERTISE. THE
 DEPARTMENT AND NYSERDA SHALL FURTHER DEVELOP  A  STAKEHOLDER  ENGAGEMENT
 PROCESS TO SOLICIT FEEDBACK ON THE ROADMAP AND  RAISE CONSUMER AWARENESS
 AND EDUCATION ACROSS THE STATE.
   (B)  NO  LATER  THAN ONE YEAR AFTER THE CONVENING OF THE WORKING GROUP
 ESTABLISHED BY SUBPARAGRAPH (I) OF PARAGRAPH (A)  OF  THIS  SUBDIVISION,
 THE DEPARTMENT AND NYSERDA SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS
 TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER
 OF THE ASSEMBLY. THIS REPORT MAY BE COMBINED WITH  THE  REPORT  REQUIRED
 UNDER  SECTION  EIGHTEEN  HUNDRED  EIGHTY-FOUR OF THE PUBLIC AUTHORITIES
 LAW.
   (C) FOLLOWING THE SUBMISSION OF THE REPORT AS  REQUIRED  BY  PARAGRAPH
 (B) OF THIS SUBDIVISION, THE DEPARTMENT AND NYSERDA SHALL SOLICIT PUBLIC
 COMMENT FOR THIRTY DAYS IN DEVELOPING THE ROADMAP, 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) NO LATER THAN FIFTEEN MONTHS AFTER THE CONVENING  OF  THE  WORKING
 GROUP  ESTABLISHED BY SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, DOT AND NYSERDA  SHALL PUBLISH A FORMALIZED ROADMAP ALONG WITH ALL
 NECESSARY POLICIES AND PROCEDURES FOR IMPLEMENTATION, TO  ENSURE  PUBLIC
 TRANSPORTATION  SYSTEMS WILL BE ABLE TO MEET THE TRANSITION GOALS ESTAB-
 LISHED IN SUBDIVISION ONE OF THIS SECTION. DOT AND NYSERDA SHALL PUBLISH
 THE ROADMAP, POLICIES, AND  PROCEDURES,  ON  EITHER  OF  THEIR  PUBLICLY
 ACCESSIBLE WEBSITES, THIRTY DAYS PRIOR TO THE PLANS BEING FINALIZED.
   (E)  NO  LATER  THAN ONE YEAR AFTER THE PUBLICATION AND IMPLEMENTATION
 OF THE ROADMAP ESTABLISHED PURSUANT TO PARAGRAPH (D)  OF  THIS  SUBDIVI-
 SION,  PUBLIC  TRANSPORTATION  SYSTEMS  ELIGIBLE  TO  RECEIVE  OPERATING
 ASSISTANCE UNDER THE PROVISIONS OF SECTION EIGHTEEN-B OF  THIS  ARTICLE,
 MUST DEVELOP AND IMPLEMENT THEIR OWN TRANSITION PLANS, INCORPORATING THE
 FINDINGS,  POLICIES,  AND  PROCEDURES  PRODUCED BY THE WORKING GROUP AND
 IDENTIFYING POSSIBLE BARRIERS TO IMPLEMENTING  THIS  TRANSITION,  UNLESS
 GRANTED  AN  EXTENSION  UNDER  SUBDIVISION  FIVE OF THIS SECTION. PUBLIC
 TRANSPORTATION SYSTEMS SHALL SOLICIT PUBLIC COMMENT IN DEVELOPING  TRAN-
 SITION 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
 S. 6089                             5
 
 ENTITY OR PERSON, TO ENABLE THEM TO ACCOMPLISH THEIR DUTIES. THE DEPART-
 MENT SHALL PUBLISH TRANSITION PLANS ON THEIR PUBLICLY ACCESSIBLE WEBSITE
 WITHIN  THIRTY  DAYS  OF THE PLANS BEING FINALIZED WITH  THE DEPARTMENT.
 TRANSITION  PLANS SHALL BE UPDATED EVERY THREE YEARS AFTER THE DATE THEY
 ARE FIRST PUBLISHED AND UPDATED PLANS SHALL BE UPDATED  ON  THE  DEPART-
 MENT'S WEBSITE WITHIN THIRTY DAYS OF THE UPDATED PLANS BEING FINALIZED.
   (F)  THE  WORKING GROUP   SHALL PROVIDE TECHNICAL ASSISTANCE TO PUBLIC
 TRANSPORTATION SYSTEMS UPON REQUEST, AND  SHALL  PROVIDE  ASSISTANCE  TO
 PUBLIC  TRANSPORTATION  SYSTEMS  UPON REQUEST FOR ASSISTANCE IN PURSUING
 STATE AND FEDERAL GRANTS AND OTHER FUNDING  OPPORTUNITIES.  THE  WORKING
 GROUP  SHALL  PRIORITIZE FUNDING OPPORTUNITY ASSISTANCE TO PUBLIC TRANS-
 PORTATION SYSTEMS IMPLEMENTING  A  ZERO-EMISSIONS  PURCHASE  REQUIREMENT
 PRIOR  TO JANUARY FIRST, TWO THOUSAND TWENTY-NINE. THE  DEPARTMENT SHALL
 ALSO FACILITATE THE COORDINATION OF PURCHASING, INSTALLATION AND SHARING
 SERVICES BETWEEN PUBLIC TRANSPORTATION SYSTEMS SERVING PRIMARILY OUTSIDE
 OF CITIES WITH A POPULATION OF ONE MILLION OR MORE.
   5. (A) IN ORDER TO OBTAIN AN EXTENSION OF THE ATTAINMENT  DATE  BEYOND
 THE STATUTORY DATE OF JANUARY FIRST, TWO THOUSAND  TWENTY-NINE  PURSUANT
 TO  SUBDIVISION ONE OF THIS SECTION, THE TRANSPORTATION SYSTEM SHALL:
   (I)  APPLY FOR AN EXTENSION AND SUBMIT A COMPLETE APPLICATION FOR SUCH
 EXTENSION  ATTAINMENT  DATE BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY-EIGHT; AND
   (II) DEMONSTRATE THAT THE TRANSITION PLAN REQUIRED PURSUANT TO  SUBDI-
 VISION FOUR OF THIS SECTION CONTAINS ALL OF THE REQUIRED COMPONENTS OF A
 TRANSITION  PLAN  AND INCLUDES A REQUEST FOR EXTENSION OF THE ATTAINMENT
 DATE.
   (B) THE DEPARTMENT SHALL DETERMINE IF THE TRANSPORTATION SYSTEM QUALI-
 FIES FOR AN ATTAINMENT DATE EXTENSION BASED ON:
   (I) WHETHER THE TRANSPORTATION SYSTEM CONDUCTED AT LEAST A REQUEST FOR
 INFORMATION,  REQUEST FOR PROPOSAL, OR COMBINATION OF BOTH FOR PARATRAN-
 SIT VEHICLES WITHIN THREE YEARS OF TWO THOUSAND TWENTY-NINE, PROVEN THAT
 SUCH ZERO-EMISSION PARATRANSIT TECHNOLOGY IS NOT ATTAINABLE BY TWO THOU-
 SAND TWENTY-NINE, AND THE DEPARTMENT HAS DETERMINED THAT  A  GOOD  FAITH
 EFFORT HAS BEEN MADE BY THE TRANSPORTATION SYSTEM; AND
   (II) WHETHER THE TRANSPORTATION SYSTEM:
   (1) PURCHASED OR INSTALLED EQUIPMENT WITHIN THE LAST TEN YEARS FOR THE
 PURPOSE  OF  REDUCING  EMISSIONS AND WHERE BUSES RELIANT ON SUCH INFRAS-
 TRUCTURE CONSTITUTE A MAJORITY OF THE IN-USE FLEET; OR
   (2) HAS ALREADY RECEIVED FUNDS FOR SUCH EQUIPMENT AND  SUCH  EQUIPMENT
 HAS  NOT  YET REACHED THE END OF ITS USEFUL LIFE OR THROUGH THE LIFETIME
 OF ANY EXISTING FEDERAL FUNDING  OBLIGATIONS  FOR  SUCH  INFRASTRUCTURE,
 WHICHEVER  COMES  FIRST;  AND WHERE BUSES RELIANT ON SUCH INFRASTRUCTURE
 CONSTITUTE A MAJORITY OF THE IN-USE FLEET; OR
   (3) IS AN INTERCITY BUS SERVICE OR BUS  SERVICE  INTENDED  TO  SATISFY
 LONGER DISTANCE TRAVEL DEMAND BETWEEN CITIES, VILLAGES AND UNINCORPORAT-
 ED  URBAN  PLACES  AND  PROVEN THAT SUCH ZERO-EMISSION TRANSITION IS NOT
 ATTAINABLE BY TWO THOUSAND TWENTY-NINE DUE TO TECHNOLOGY OR  INFRASTRUC-
 TURE AND THE DEPARTMENT HAS DETERMINED THAT A GOOD FAITH EFFORT HAS BEEN
 MADE.
   (C)  IN ORDER TO OBTAIN AN EXEMPTION FROM THE ATTAINMENT DATE REQUIRE-
 MENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION,  THE  TRANSITION  PLAN
 SHALL INCLUDE:
   (I) A TIMELINE FOR ATTAINMENT DEMONSTRATION;
   (II) EFFORTS TO MAXIMIZE ZERO-EMISSION BUS PURCHASES AND PURCHASE ONLY
 ZERO-EMISSION BUSES PRIOR TO TWO THOUSAND THIRTY-FIVE;
 S. 6089                             6
 
   (III)  YEAR-BY-YEAR  TARGETS  FOR  ZERO-EMISSION  BUS PROCUREMENTS AND
 INFRASTRUCTURE INSTALLATION;
   (IV) CONTINGENCY MEASURE PROVISIONS; AND
   (V) A DETAILED JUSTIFICATION FOR NONATTAINMENT OF ZERO-EMISSION EQUIP-
 MENT REVIEW PLAN PROVISIONS.
   (D)  BASED  ON  THE  DEPARTMENT'S  ASSESSMENT  OF  THE  TRANSPORTATION
 SYSTEM'S TRANSITION PLAN AND EXTENSION REQUEST, THE DEPARTMENT MAY  DENY
 THE  EXTENSION IF IT DETERMINES THAT AN ADEQUATE ATTEMPT WAS NOT MADE OR
 THAT TECHNOLOGY AND INFRASTRUCTURE IS AVAILABLE FOR  THE  TRANSPORTATION
 SYSTEM  TO  TRANSITION  TO ZERO-EMISSION BUSES. ANY DETERMINATION BY THE
 DEPARTMENT TO DENY OR GRANT AN EXTENSION REQUEST  SHALL  BE  SUBJECT  TO
 PUBLIC  NOTIFICATION  AND  COMMENT. ANY APPLICATIONS FOR ATTAINMENT DATE
 EXTENSIONS SHALL BE SUBJECT  TO  THE  FREEDOM  OF  INFORMATION  LAW  AND
 PUBLISHED ON THE DEPARTMENT'S PUBLIC WEBSITE.
   (E)  TRANSPORTATION  SYSTEMS THAT QUALIFY FOR AN EXTENSION PURSUANT TO
 THIS SUBDIVISION SHALL PROCURE ONLY ZERO-EMISSION BUSES STARTING JANUARY
 FIRST, TWO THOUSAND THIRTY-FIVE OR SOONER ONCE THE EXEMPTION  NO  LONGER
 APPLIES.
   § 3. 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.
   § 4. 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
 S. 6089                             7
 
 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) 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.
   § 5. 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
 S. 6089                             8
 
 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-
 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
 S. 6089                             9
 
 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. 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-
 S. 6089                            10
 
 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
 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
 S. 6089                            11

 MAY BE AFFECTED, ALTERED, OR ELIMINATED AS A RESULT OF THE PURCHASE, AND
 IT SHALL BE A MANDATORY SUBJECT FOR COLLECTIVE BARGAINING.
   § 7. 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. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A) "DISPLACED WORKER" MEANS 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.
   (B) "INDIVIDUAL FACING BARRIERS TO EMPLOYMENT"  MEANS  EITHER  OF  THE
 FOLLOWING:
   (I)  AN  INDIVIDUAL  FACING  BARRIERS  TO EMPLOYMENT AS DEFINED BY THE
 COMMISSIONER OR, OTHERWISE
   (II) 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.
   (C) "NON-TEMPORARY JOB" MEANS A JOB OTHER  THAN  THOSE  CLASSIFIED  AS
 "TEMPORARY" AS DEFINED IN ARTICLE ELEVEN OF THE GENERAL BUSINESS LAW.
   2. (A) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, EVERY PUBLIC
 TRANSPORTATION  SYSTEM ELIGIBLE TO RECEIVE OPERATING ASSISTANCE PURSUANT
 TO SECTION EIGHTEEN-B OF THIS ARTICLE SHALL AWARD CONTRACTS FOR ZERO-EM-
 ISSION BUSES AND RELATED  EQUIPMENT    USING  A  COMPETITIVE  BEST-VALUE
 PROCUREMENT PROCESS; AND SHALL REQUIRE BIDDERS TO SUBMIT A UNITED STATES
 JOBS PLAN AS PART OF THEIR SOLICITATION RESPONSES.
   (B)  THE  UNITED STATES JOBS PLAN SHALL INCLUDE THE FOLLOWING INFORMA-
 TION:
   (I) THE NUMBER OF FULL-TIME NON-TEMPORARY JOBS PROPOSED TO BE RETAINED
 AND CREATED, INCLUDING AN ACCOUNTING  OF  THE  POSITIONS  CLASSIFIED  AS
 EMPLOYEES,  AS  DEFINED IN SECTION SEVEN HUNDRED FORTY OF THE LABOR LAW,
 AND POSITIONS CLASSIFIED AS INDEPENDENT CONTRACTORS;
   (II) THE NUMBER OF JOBS SPECIFICALLY RESERVED FOR  INDIVIDUALS  FACING
 BARRIERS TO EMPLOYMENT AND THE NUMBER RESERVED FOR DISPLACED WORKERS AND
 WORKERS FROM DISADVANTAGED COMMUNITIES;
   (III) THE MINIMUM WAGE LEVELS BY JOB CLASSIFICATION FOR NON-SUPERVISO-
 RY WORKERS;
   (IV)  PROPOSED  AMOUNTS  TO BE PAID FOR FRINGE BENEFITS BY JOB CLASSI-
 FICATION AND THE PROPOSED AMOUNTS FOR WORKER TRAINING BY JOB CLASSIFICA-
 TION;
   (V) 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 EXIST-
 ING FACILITY IN THE STATE THAT ARE RELATED TO THE MANUFACTURING OF ZERO-
 EMISSION BUSES AND RELATED EQUIPMENT; AND
   (VI)  INFORMATION  ON  WHAT STEPS HAVE BEEN TAKEN AND WILL BE TAKEN TO
 IMPLEMENT THE WORKFORCE DEVELOPMENT REPORT WITH RESPECT TO TRAINING  AND
 RETRAINING   OF  EXISTING  MAINTENANCE,  DRIVERS  AND  OTHER  IDENTIFIED
 PURCHASING AGENCY EMPLOYEES.
   3. THE REQUESTS FOR PROPOSALS ESTABLISHED BY SUBDIVISION TWO  OF  THIS
 SECTION SHALL INCLUDE NOTICE TO BIDDERS STATING THAT:
   (A)  THE  CONTENT OF UNITED STATES JOBS PLANS SHALL BE INCORPORATED AS
 MATERIAL TERMS OF THE FINAL CONTRACT;
   (B) THE CONTENT OF UNITED STATES JOBS PLANS AND  REPORTS  REQUIRED  BY
 THIS  SECTION SHALL BE SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFOR-
 MATION LAW; AND
 S. 6089                            12
 
   (C) THE FINAL CONTRACT AND COMPLIANCE DOCUMENTS SHALL BE  MADE  AVAIL-
 ABLE TO THE PUBLIC.
   4. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO ESTABLISH THE FORMS,
 PROCEDURES,  AND  PROCESSES  NECESSARY  FOR IMPACTED TRANSIT AGENCIES TO
 IMPLEMENT THE REQUIREMENTS OF THIS SECTION. THIS SHALL INCLUDE A  STAND-
 ARD AND CONSISTENT METHOD, SUCH AS A WORKBOOK OR WORKSHEET, TO TRACK THE
 QUANTIFIABLE INFORMATION REQUIRED IN PARAGRAPH (B) OF SUBDIVISION TWO OF
 THIS  SECTION  AND  PROCEDURES  TO  ANNUALLY ASSESS CONTRACTING ENTITIES
 COMPLIANCE WITH THE UNITED STATES JOBS PLAN.
   5. CONTRACTING ENTITIES SHALL BE  REQUIRED  TO  SUBMIT  ANNUAL  UNITED
 STATES  JOBS  PLAN  REPORTS TO CONTRACTING PUBLIC AGENCIES DEMONSTRATING
 COMPLIANCE WITH THEIR UNITED STATES JOBS PLAN COMMITMENTS.  THE TERMS OF
 THE FINAL CONTRACT AS WELL AS ALL COMPLIANCE  REPORTING  SHALL  BE  MADE
 AVAILABLE  TO  THE  PUBLIC  ONLINE,  EITHER VIA THE CONTRACTING AGENCY'S
 WEBSITE OR THE DEPARTMENT'S WEBSITE, AT THE ELECTION OF THE  CONTRACTING
 AGENCY.
   6.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:  (A) A CONTRACT
 AWARDED BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE; OR
   (B) A CONTRACT AWARDED BASED ON A SOLICITATION ISSUED  BEFORE  JANUARY
 FIRST, TWO THOUSAND TWENTY-FIVE.
   § 8. The public service law is amended by adding a new section 66-v to
 read as follows:
   §   66-V.  PUBLIC  TRANSPORTATION  SYSTEMS  ZERO-EMISSION  ELECTRICITY
 INFRASTRUCTURE.  EVERY  ELECTRIC  CORPORATION  WHICH  PROVIDES  ELECTRIC
 SERVICE  TO  A PUBLIC TRANSPORTATION SYSTEM, AS DEFINED IN SECTION EIGH-
 TEEN-B OF THE TRANSPORTATION LAW, SHALL ENSURE THAT SUCH CORPORATION HAS
 THE REQUISITE AND APPROPRIATE INFRASTRUCTURE, CAPACITY, FACILITIES,  AND
 TRANSMISSION  AND  DISTRIBUTION  SYSTEMS  NEEDED TO SUPPLY POWER FOR THE
 ELECTRIC CHARGING OF ZERO-EMISSION  BUSES  OF  A  PUBLIC  TRANSPORTATION
 SYSTEM AT THE LOCATIONS DESIGNATED FOR CHARGING BY SUCH PUBLIC TRANSPOR-
 TATION  SYSTEMS.  WITHIN  ONE  YEAR  OF  THE  PUBLICATION OF THE ROADMAP
 REQUIRED UNDER SUBDIVISION FOUR OF SECTION SEVENTEEN-C OF THE  TRANSPOR-
 TATION  LAW,  AN ELECTRIC CORPORATION SHALL HAVE ADOPTED FINALIZED PLANS
 AND AGREEMENTS TO  CONSTRUCT,  INSTALL  OR  UPGRADE  THE  INFRASTRUCTURE
 NECESSARY  TO  SUPPORT  TO THE DEPLOYMENT AND OPERATION OF ZERO-EMISSION
 BUSES BY A PUBLIC TRANSPORTATION SYSTEM BY PROVIDING THE REQUIRED  ELEC-
 TRIC  SERVICE  TO  THE  LOCATIONS  DESIGNATED FOR CHARGING BUSES BY SUCH
 PUBLIC TRANSPORTATION SYSTEM.  ALL COSTS ASSOCIATED WITH THE MANDATES OF
 THIS SECTION SHALL BE BORNE BY AN ELECTRIC CORPORATION.  THE  COMMISSION
 SHALL  NOT  APPROVE ANY INCREASES IN RATES OR CHARGES FOR SERVICES OF AN
 ELECTRIC CORPORATION WHICH HAS NOT COMPLIED WITH  THIS  SECTION  BY  THE
 DATE  SET  FORTH  HEREIN OR PURSUANT TO THE ROADMAP UNDER SECTION SEVEN-
 TEEN-C OF THE TRANSPORTATION LAW.
   § 9. Section 66-s of the public service law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE COMMISSION SHALL ESTABLISH A SEPARATE TARIFF UNDER THIS SECTION
 FOR PUBLIC TRANSPORTATION SYSTEMS AS DEFINED IN  SECTION  EIGHTEEN-B  OF
 THE  TRANSPORTATION LAW FOR SEPARATELY METERED UTILITIES FOR THE PURPOSE
 OF CHARGING ZERO-EMISSION BUSES AS DEFINED  IN  SECTION  SEVENTEEN-C  OF
 SUCH  LAW.  THE  TARIFF  SHALL  PROVIDE A WAIVER OF ALL SECONDARY DEMAND
 CHARGES FOR CHARGING  ZERO-EMISSION  BUSES  BETWEEN  THE  HOURS  OF  TEN
 O'CLOCK P.M.  AND EIGHT O'CLOCK A.M., AS WELL AS LOW TENSION SERVICE FOR
 WINTER AND SUMMER MONTHS.
   § 10. 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
 S. 6089                            13

 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.
   §  11. This act shall take effect immediately, provided, however, that
 section seven of this act shall take effect on the ninetieth  day  after
 it  shall  have  become a law; provided, further, that the amendments to
 section 104 of the general municipal law made by section  five  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 six
 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.