With the company on shaky ground and its leader, Elon Musk, doing unprecedented damage to the nation’s democracy, economy, and health, it is time for New York to chart a new path.

A proposed new agreement between the state and Tesla, outlined in a non-binding letter of intent, would extend Tesla’s lease from 2029 through 2034. While increasing Tesla’s rent (previously, $1 per year), the proposal decreases job requirements, reduces the penalties for missing them, and fails to protect workers, local communities, and the natural environment. 

Rather than assuming that Tesla is the best possible tenant, New York should issue a new Request for Proposals for the South Buffalo property: a fair competition to see which company can provide the most high-quality jobs and other public benefits.

Any new lease or subsidy should include the following provisions:

• Higher job targets;
• Family-supporting wages and benefits;
• Protection of workers from discrimination and harassment;
• Card-check neutrality (a requirement that an employer recognize a union if a majority of workers sign cards in favor);
• PILOTs (payments in lieu of taxes) for local municipalities;
• Environmental protections regarding air, water, and soil quality, including a requirement that only renewable, non-nuclear energy be used to power the plant;
• Community benefit provisions providing job and career pathways for workers; vendor opportunities for local, minority and women-owned businesses; and other benefits to the surrounding communities; and
• Increased penalties for violations, including failure to meet job targets. 

In addition, New York should begin a comprehensive audit to make sure that Tesla has abided by the terms of the agreements and all applicable laws, and, if it finds violations, move promptly to enforce its rights.