S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4439
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced   by   M.  of  A.  DINOWITZ,  SAYEGH,  GLICK,  CRUZ,  LAVINE,
   R. CARROLL,  COLTON,  HYNDMAN,  SIMON,  EPSTEIN,  ROSENTHAL,  McMAHON,
   PAULIN,  REYES, SEAWRIGHT, OTIS, STECK, JACOBSON, GALLAGHER, GONZALEZ-
   ROJAS, LUPARDO, JONES, LUNSFORD, ANDERSON, ROZIC, SANTABARBARA, STERN,
   DAVILA, BARRETT,  BURDICK,  WOERNER,  WALKER,  PEOPLES-STOKES,  CLARK,
   STIRPE, HUNTER, GANDOLFO, DURSO, KELLES, WEPRIN, BRAUNSTEIN, RAJKUMAR,
   SIMPSON,  RA,  RAMOS,  FALL,  MAMDANI,  K. BROWN, FORREST, DILAN, KIM,
   SEPTIMO, BICHOTTE HERMELYN, JACKSON, MEEKS,  PHEFFER AMATO,  MITAYNES,
   WILLIAMS,  HEVESI, RAGA, CUNNINGHAM, SHIMSKY, LEVENBERG, SIMONE, BRON-
   SON -- read once and referred to the Committee on  Governmental  Oper-
   ations
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07878-01-5
              

 A. 4439                             2
 
 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
 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  THIRTY-ONE, 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-SEVEN, 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
 A. 4439                             3
 
 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) 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
 A. 4439                             4
 
 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
 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
 A. 4439                             5
 
 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
 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 THIRTY-ONE. 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  THIRTY-ONE  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 THIR-
 TY; 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 THIRTY-ONE, 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 THIRTY-ONE 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:
 A. 4439                             6
 
   (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-SEVEN;
   (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-SEVEN 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
 A. 4439                             7
 
 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) 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:
 A. 4439                             8
 
   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-
 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)
 A. 4439                             9
 
 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.
   § 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
 A. 4439                            10
 
 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
 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-
 A. 4439                            11
 
 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.
   § 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-SEVEN, EVERY
 PUBLIC TRANSPORTATION SYSTEM ELIGIBLE TO  RECEIVE  OPERATING  ASSISTANCE
 PURSUANT TO SECTION EIGHTEEN-B OF THIS ARTICLE SHALL AWARD CONTRACTS FOR
 ZERO-EMISSION  BUSES AND RELATED EQUIPMENT  USING A COMPETITIVE BEST-VA-
 LUE 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;
 A. 4439                            12
 
   (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
   (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-SEVEN; OR
   (B)  A  CONTRACT AWARDED BASED ON A SOLICITATION ISSUED BEFORE JANUARY
 FIRST, TWO THOUSAND TWENTY-SEVEN.
   § 8. The public service law is amended by adding a new section 66-x to
 read as follows:
   §  66-X.  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.
 A. 4439                            13
 
   § 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
 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.