2023 New York Laws › STF - State Finance › Article 11 - State Purchasing › 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.