N.Y. Executive Law § 201-A – State clean-fueled vehicle program

1. There shall be created within the office of general services a clean-fueled vehicle program, with the purpose of acquiring clean-fueled vehicles for state use and testing and evaluating clean-fueled vehicle technologies.
2. For the purposes of this section, the term "clean-fueled vehicle" shall mean any motor vehicle as defined in section one hundred twenty-five of the vehicle and traffic law, that uses electricity, either stored or generated on-board, as its primary motive force or that is fueled by compressed natural gas, propane, methanol, hydrogen or ethanol.
3. The office of general services, in coordination with the New York state energy research and development authority, and the department of environmental conservation, shall be responsible for developing a state clean-fueled vehicle strategy which shall determine how best to incorporate clean-fueled vehicles into the state fleet. In developing the strategy, the office of general services shall consider such factors as: the duty to be performed by the vehicle, the terrain and climate of the area of the state in which the vehicle is to be used, and other factors the office of general services, in coordination with the New York state energy research and development authority and the department of environmental conservation, deem relevant.
4. The office of general services, in coordination with the New York state energy research and development authority, the department of motor vehicles and the department of environmental conservation, shall issue a report to the governor and the legislature on or before April first, nineteen hundred ninety-seven setting forth the state's strategy for the acquisition and utilization of clean-fueled vehicles and shall update such strategy periodically.
5. Such report shall include, at a minimum, a description of the state's strategies to promote the use of clean-fueled vehicles by the general public and in the state fleet. Such strategies shall include: necessary amendments of state procurement policies to allow and encourage acquisition of clean-fueled vehicles, development of policy recommendations to establish incentives for acquisition of clean-fueled vehicles for use by individuals and private fleets, expeditious review of policies and procedures identified as barriers to clean-fueled vehicle introduction, and revision of such policies and procedures as appropriate. The report shall also assess existing infrastructure, determine what changes are necessary to support a sustainable clean-fueled vehicles market and recommend how best to implement those changes. The report shall assess factors including but not limited to the following: the availability and viability of existing or developing technology, sufficient public recharging/refueling capability, standards for recharging/refueling technologies, utility power quality, vehicle registration considerations, public outreach and safety training, battery recycling capability, insurance and liability considerations, and clean-fueled vehicle acquisition incentives. The report shall also determine the number of clean-fueled vehicles for immediate use in the state fleet that can be supported by existing infrastructure.
6. Immediately after submission of the report defined in subdivision five of this section, the office of general services shall begin a project to implement the recommendations and strategies of such report.
7. The office of general services shall develop a specific plan to procure and install necessary infrastructure for a sustainable state clean-fueled vehicle fleet, including a time frame for such procurement and installation. In developing such plan, the office of general services shall consider to the greatest extent possible any steps which will encourage the utilization of clean-fueled vehicles by the private sector. The office of general services shall either begin to acquire and install necessary infrastructure or issue requests for proposals for such procurement and installation, no later than January first, nineteen hundred ninety-eight, provided however, that no acquisition of clean-fueled vehicles, or installation of associated infrastructure, from the proceeds of bonds issued pursuant to the Clean Water/Clean Air Bond Act of 1996, shall occur prior to April first, nineteen hundred ninety-seven.
8. The office of general services shall develop a specific plan for the procurement of clean-fueled vehicles for use in the state fleet. Procurement of clean-fueled vehicles and utilization in the state fleet using proceeds of bonds sold pursuant to the Clean Water/Clean Air Bond Act of 1996 shall begin as soon as possible after the issuance of, and in accordance with, the report defined in subdivision five of this section.
9. The office of general services, department of economic development, and the department of environmental conservation, shall evaluate the potential for developing a private clean-fueled vehicle industry in the state and submit recommendations from time to time to the legislature and the governor for attracting such industry, by either established motor vehicle producers or other companies, to the state.
10. The office of general services shall, on or before December thirty-first, two thousand twenty-two, prepare, in consultation with the department of environmental conservation and the New York state energy research and development authority, a state fleet procurement plan for purchase or lease of state agency vehicles to ensure that (i) at least twenty-five percent of state agency vehicles, including ten percent of state agency medium and heavy duty vehicles, will be zero emission vehicles by no later than December thirty-first, two thousand twenty-five and (ii) at least fifty percent of state agency vehicles, including twenty-five percent of state agency medium and heavy duty vehicles, will be zero emission vehicles by no later than December thirty-first, two thousand thirty. All state agency passenger vehicles shall be zero emission vehicles by no later than December thirty-first, two thousand thirty-five, and all state agency medium and heavy duty vehicles shall be zero emission vehicles by no later than December thirty-first, two thousand forty, unless a zero emission vehicle is not feasible for a particular application. By January first, two thousand thirty, all passenger vehicles purchased by or for the state or any agency or public authority thereof shall be zero emission vehicles. By January first, two thousand thirty-five, all medium and heavy duty vehicles purchased by or for the state or any agency or public authority thereof shall be zero emission vehicles where feasible. For purposes of this subdivision, "zero emission vehicle" shall mean a vehicle powered by means of a battery or fuel cell or a combination thereof, or another source of power, that produces zero exhaust emissions of any greenhouse gas, criteria pollutant or precursor pollutant under any and all possible operational modes and conditions.
11. a. The commissioner of general services shall include requirements in any procurement for the manufacturing or retrofitting 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 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 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 office of general services' website 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.
12. 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 or public authority. 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 or public authority who agrees to be retrained. c. Prior to the beginning of the procurement process for zero emission vehicles, the office of general services shall create and implement a workforce development report that: (i) estimates the number of current positions in the state or at any agency or public authority that would be eliminated or 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 procurement process for zero emission vehicles, the office of general services shall inform its employees' collective bargaining representative of any potential impact on its members or unit, including positions that may be affected, altered, or eliminated as a result of the proposed purchase or lease.