N.Y. State Finance Law § 163-c: Purchase or lease of zero emission vehicles and charging or fueling infrastructure

§ 163-c. Purchase or lease of zero emission vehicles and charging or

fueling infrastructure. 1. (a) Each state agency shall include

requirements in any procurement for the purchase or lease of zero

emission vehicles and charging or fueling infrastructure that the

components and parts used or supplied in the performance of the contract

or any subcontract thereto shall be produced or made in whole or

substantial part in the United States, its territories or possessions

and that final assembly of the zero emission vehicles and charging or

fueling infrastructure shall occur in the United States, its territories

or possessions.

(b) The commissioner of general services, in consultation with the New

York state energy research and development authority, may waive the

contracting requirements set forth in paragraph (a) of this subdivision

if the commissioner of general services determines that the requirements

would not be in the public interest, would result in unreasonable costs,

or that obtaining such zero emission vehicles and charging or fueling

infrastructure components and parts in the United States, its

territories or possessions, would increase the cost of a contract for

zero emission vehicles and charging or fueling infrastructure by an

unreasonable amount, or such zero emission vehicles and charging or

fueling infrastructure components and parts cannot be produced, made, or

assembled in the United States, its territories or possessions, in

sufficient and reasonably available quantities or of satisfactory

quality. Such determination must be made on an annual basis no later

than December thirty-first after providing notice and an opportunity for

public comment, and be made publicly available, in writing, on the

website of the office of general services with a detailed explanation of

the findings leading to such determination. If the commissioner of

general services has issued determinations for three consecutive years

that no such waiver is warranted pursuant to this paragraph, then the

commissioner of general services shall no longer be required to provide

the annual determination required by this paragraph.

2. (a) Nothing in this section shall alter the rights or benefits, and

privileges, including but not limited to terms and conditions of

employment, civil service status, and collective bargaining unit

membership, of any current employees of the state or any agency.

(b) Nothing in this section shall result in: (i) the discharge,

displacement, or loss of position, including partial displacement such

as a reduction in the hours of non-overtime work, wages, or employment

benefits; (ii) the impairment of existing collective bargaining

agreements; (iii) the transfer of existing duties and functions; or (iv)

the transfer of future duties and functions, of any currently employed

worker of the state or any agency who agrees to be retrained.

(c) Prior to the beginning of the initial procurement process for zero

emission vehicles, each state agency shall create and implement a

workforce development report that: (i) estimates the number of current

positions in the agency that would be substantially changed as a result

of the proposed purchase or lease of zero emission vehicles, and the

number of positions expected to be created by the purchase or lease over

the intended life of the proposed purchase or lease; (ii) identifies

gaps in skills of its current workforce that are needed to operate and

maintain zero emission vehicles; (iii) includes a comprehensive plan to

transition, train, or retrain employees that are impacted by the

proposed purchase or lease; and (iv) contains an estimated budget to

transition, train, or retrain employees that are impacted by the

proposed purchase or lease.

(d) Nothing in this section shall: (i) limit the rights of employees

pursuant to a collective bargaining agreement, or (ii) alter the

existing representational relationships among collective bargaining

representatives or the bargaining relationships between the employer and

any collective bargaining representative. Employees of public entities

serving in positions in newly created titles shall be assigned to the

appropriate bargaining unit.

(e) Prior to beginning the initial procurement process for zero

emission vehicles, the office of employee relations, in consultation

with the state agencies involved, shall inform the employees' collective

bargaining representative of any potential impact on its members or

unit, including positions that may be affected as a result of the

proposed purchase or lease.