Bill Text: NY A07122 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that contract cost adjustments in the middle of contract terms for school districts transportation contracts shall be at no additional cost to the state, locality or school district unless such amendment is necessary to comply with the statewide transition to zero-emission buses and provided that it has been established by the contractor that there has been at least an equivalent increase in the amount of such contractor's cost of operation.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-02-29 - print number 7122a [A07122 Detail]

Download: New_York-2023-A07122-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7122

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 11, 2023
                                       ___________

        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Education

        AN ACT to amend the education law, in relation to contract cost  adjust-
          ments in the middle of contract terms for school districts transporta-
          tion contracts

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph d of subdivision 14 of section 305 of the  educa-
     2  tion  law,  as  added  by chapter 552 of the laws of 1995, is amended to
     3  read as follows:
     4    d. Notwithstanding the provisions of paragraphs a, b  and  c  of  this
     5  subdivision,  the  board of education or the trustee of a district and a
     6  contractor providing pupil transportation services to such district  may
     7  amend  a  contract for pupil transportation services upon a finding that
     8  such amendment is necessary to comply with any federal, state  or  local
     9  law, rule or regulation imposed after the execution of such contract, or
    10  to  enhance  the  safety  of  pupil transportation, as determined by the
    11  board or trustee subject to the approval of the commissioner pursuant to
    12  regulations which shall require demonstrable enhancements in pupil safe-
    13  ty and/or increased savings consistent with  maintaining  pupil  safety.
    14  Such  amendment shall cause no additional cost to the state, locality or
    15  school district  unless such amendment is necessary to comply  with  any
    16  federal,  state  or local law, rule and provided that it has been estab-
    17  lished by the contractor that there has  been  at  least  an  equivalent
    18  increase  in  the  amount  of  such  contractor's cost of operation. The
    19  commissioner shall not approve such an  amendment  if  the  commissioner
    20  finds that it circumvents the competitive bidding requirements contained
    21  in  paragraph  a of this subdivision, or otherwise violates this section
    22  or any other provision of law, or fails  to  increase  or  maintain  the
    23  safety of pupil transportation.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11230-01-3
        A. 7122                             2

     1    §  2.  This act shall take effect immediately; provided, however, that
     2  the amendments to paragraph d of subdivision 14 of section  305  of  the
     3  education law made by section one of this act shall not affect the expi-
     4  ration  and repeal of such paragraph and shall be deemed repealed there-
     5  with.