§ 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\nfueling infrastructure. 1. (a) Each state agency shall include\nrequirements in any procurement for the purchase or lease of zero\nemission vehicles and charging or fueling infrastructure that the\ncomponents and parts used or supplied in the performance of the contract\nor any subcontract thereto shall be produced or made in whole or\nsubstantial part in the United States, its territories or possessions\nand that final assembly of the zero emission vehicles and charging or\nfueling infrastructure shall occur in the United States, its territories\nor possessions.\n (b) The commissioner of general services, in consultation with the New\nYork state energy research and development authority, may waive the\ncontracting requirements set forth in paragraph (a) of this subdivision\nif the commissioner of general services determines that the requirements\nwould not be in the public interest, would result in unreasonable costs,\nor that obtaining such zero emission vehicles and charging or fueling\ninfrastructure components and parts in the United States, its\nterritories or possessions, would increase the cost of a contract for\nzero emission vehicles and charging or fueling infrastructure by an\nunreasonable amount, or such zero emission vehicles and charging or\nfueling infrastructure components and parts cannot be produced, made, or\nassembled in the United States, its territories or possessions, in\nsufficient and reasonably available quantities or of satisfactory\nquality. Such determination must be made on an annual basis no later\nthan December thirty-first after providing notice and an opportunity for\npublic comment, and be made publicly available, in writing, on the\nwebsite of the office of general services with a detailed explanation of\nthe findings leading to such determination. If the commissioner of\ngeneral services has issued determinations for three consecutive years\nthat no such waiver is warranted pursuant to this paragraph, then the\ncommissioner of general services shall no longer be required to provide\nthe annual determination required by this paragraph.\n 2. (a) Nothing in this section shall alter the rights or benefits, and\nprivileges, including but not limited to terms and conditions of\nemployment, civil service status, and collective bargaining unit\nmembership, of any current employees of the state or any agency.\n (b) Nothing in this section shall result in: (i) the discharge,\ndisplacement, or loss of position, including partial displacement such\nas a reduction in the hours of non-overtime work, wages, or employment\nbenefits; (ii) the impairment of existing collective bargaining\nagreements; (iii) the transfer of existing duties and functions; or (iv)\nthe transfer of future duties and functions, of any currently employed\nworker of the state or any agency who agrees to be retrained.\n (c) Prior to the beginning of the initial procurement process for zero\nemission vehicles, each state agency shall create and implement a\nworkforce development report that: (i) estimates the number of current\npositions in the agency that would be substantially changed as a result\nof the proposed purchase or lease of zero emission vehicles, and the\nnumber of positions expected to be created by the purchase or lease over\nthe intended life of the proposed purchase or lease; (ii) identifies\ngaps in skills of its current workforce that are needed to operate and\nmaintain zero emission vehicles; (iii) includes a comprehensive plan to\ntransition, train, or retrain employees that are impacted by the\nproposed purchase or lease; and (iv) contains an estimated budget to\ntransition, train, or retrain employees that are impacted by the\nproposed purchase or lease.\n (d) Nothing in this section shall: (i) limit the rights of employees\npursuant to a collective bargaining agreement, or (ii) alter the\nexisting representational relationships among collective bargaining\nrepresentatives or the bargaining relationships between the employer and\nany collective bargaining representative. Employees of public entities\nserving in positions in newly created titles shall be assigned to the\nappropriate bargaining unit.\n (e) Prior to beginning the initial procurement process for zero\nemission vehicles, the office of employee relations, in consultation\nwith the state agencies involved, shall inform the employees' collective\nbargaining representative of any potential impact on its members or\nunit, including positions that may be affected as a result of the\nproposed purchase or lease.\n