New York Laws
Article 11 - State Purchasing
163-C - Purchase or Lease of Zero Emission Vehicles and Charging or Fueling Infrastructure.

(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.
* NB Effective December 31, 2023
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.