Bill Text: NY S08220 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to the availability and purchase of zero-emission school buses.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2024-01-16 - REFERRED TO EDUCATION [S08220 Detail]

Download: New_York-2023-S08220-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8220

                    IN SENATE

                                    January 16, 2024
                                       ___________

        Introduced  by Sens. O'MARA, BORRELLO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Education

        AN ACT to amend the education law and the  public  authorities  law,  in
          relation  to  the  availability  and  purchase of zero-emission school
          buses

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

     1    Section 1. Section 3638 of the education law, as added by section 1 of
     2  subpart  A of part B of chapter 56 of the laws of 2022, subdivision 7 as
     3  added by section 19 of part A of chapter 56 of  the  laws  of  2023,  is
     4  amended to read as follows:
     5    §  3638.  Zero-emission  school  buses.  1.  For  the purposes of this
     6  section "zero-emission school bus" shall mean  a  school  bus  that:  is
     7  propelled  by  an  electric motor and associated power electronics which
     8  provide acceleration torque to the drive wheels  during  normal  vehicle
     9  operations  and  draws electricity from a hydrogen fuel cell or battery;
    10  or otherwise operates without direct emission of atmospheric pollutants.
    11    2. [(a) No later than July first,  two  thousand  twenty-seven,  every
    12  school district shall:
    13    (i)  only purchase or lease zero-emission school buses when purchasing
    14  or leasing new buses;
    15    (ii) include requirements in any procurement for school transportation
    16  services that any contractors providing transportation services for  the
    17  school  district  must only purchase or lease zero-emission school buses
    18  when purchasing or leasing new school buses; and
    19    (iii) include requirements in any procurement for the manufacturing or
    20  retrofitting of a zero-emission  school  bus  and  charging  or  fueling
    21  infrastructure  that  the  components  and parts used or supplied in the
    22  performance of the contract or any subcontract thereto shall be produced
    23  or made in whole or substantial part in the United States, its  territo-
    24  ries  or possessions and that final assembly of the zero-emission school
    25  bus and charging or fueling infrastructure shall  occur  in  the  United
    26  States, its territories or possessions.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13222-03-3
        S. 8220                             2

     1    (b)  The  commissioner, in consultation with the New York state energy
     2  research and development authority and office of general  services,  may
     3  waive  the  contracting  requirements set forth in subparagraph (iii) of
     4  paragraph (a) of this subdivision if the  commissioner  determines  that
     5  the  requirements  would  not be in the public interest, would result in
     6  unreasonable costs, or that obtaining such  zero-emission  school  buses
     7  and  charging  or  fueling  infrastructure  components  and parts in the
     8  United States would increase the cost of a  school  district's  contract
     9  for zero-emission school buses and charging or fueling infrastructure by
    10  an unreasonable amount, or such zero-emission school busses and charging
    11  or fueling infrastructure components and parts cannot be produced, made,
    12  or assembled in the United States in sufficient and reasonably available
    13  quantities  or  of satisfactory quality. Such determination must be made
    14  on an annual basis no later than December thirty-first, after  providing
    15  notice  and  an  opportunity  for  public  comment, and be made publicly
    16  available, in writing, on  the  department's  website  with  a  detailed
    17  explanation  of  the  findings  leading  to  such  determination. If the
    18  commissioner has issued determinations for three consecutive years  that
    19  no such waiver is warranted pursuant to this paragraph, then the commis-
    20  sioner  shall no longer be required to provide the annual determinations
    21  required by this paragraph.
    22    3.] No later than July first, two thousand  [thirty-five]  forty-five,
    23  or  until  all  state  agencies have transitioned one hundred percent of
    24  their medium- and heavy-duty vehicle fleets to  zero-emission  vehicles,
    25  whichever  is  later,  unless a zero-emission school bus is not feasible
    26  for a particular  application  as  determined  by  the  commissioner  in
    27  consultation with the New York state independent system operator, utili-
    28  ties, and the department of public service, every school district shall:
    29    (a)  [only  operate and maintain zero-emission school buses; and] only
    30  purchase or lease zero-emission school buses when purchasing or  leasing
    31  new buses;
    32    (b)  include requirements in any procurement for school transportation
    33  services that any contractors providing transportation services for  the
    34  school  district  must  only  [operate  zero-emission  school buses when
    35  providing such transportation services to the school district]  purchase
    36  or  lease  zero-emission  school  buses  when  purchasing or leasing new
    37  school buses; and
    38    (c) include requirements in any procurement for the  manufacturing  or
    39  retrofitting of a zero-emission  school  bus  and  charging  or  fueling
    40  infrastructure  that  the  components  and parts used or supplied in the
    41  performance of the contract or any subcontract thereto shall be produced
    42  or  made in whole or substantial part in the United States, its territo-
    43  ries  or possessions and that final assembly of the zero-emission school
    44  bus and charging or fueling infrastructure shall  occur  in  the  United
    45  States, its territories or possessions.
    46    [4.  A  school district may apply to the commissioner, and the depart-
    47  ment may grant a one-time] 3. The commissioner, in consultation with the
    48  school district business official, shall complete a cost-benefit  analy-
    49  sis  for  each school district that considers ongoing costs necessary to
    50  comply with subdivision two of this section, including but  not  limited
    51  to  utility  infrastructure  upgrades,  the  installation of charging or
    52  fueling infrastructure, facility renovations  or  upgrades,  procurement
    53  costs related to the purchase of a zero-emission school bus, appropriate
    54  fire  suppression systems, and any other relevant costs estimated by the
    55  school district  in  their  annual  zero-emission  school  bus  progress
    56  reports  as required by subdivision six of this section. Upon completion
        S. 8220                             3

     1  of such analysis, if it is determined that a  school  district  will  be
     2  unable  to  comply  with  the implementation of zero-emission school bus
     3  fleets required by subdivision two of  this  section,  the  commissioner
     4  shall  grant an extension of up to twenty-four months to comply with the
     5  requirements of subdivision two of this section. The commissioner  shall
     6  consider a school district's effort to meet the requirements of subdivi-
     7  sion  two  of this section when granting an extension, including but not
     8  limited to, procurement efforts made by the  school  district,  applica-
     9  tions  for  state  or  federal  funds, changes needed to school district
    10  operations to meet the requirements of this section, employee  training,
    11  and  receipt  of  technical  assistance,  if any. Upon a school district
    12  receiving an extension, the New York state energy research and  develop-
    13  ment  authority,  in consultation with the department, shall provide any
    14  additional technical assistance necessary to the district  to  meet  the
    15  requirements of subdivision two of this section.
    16    [5.]  4.  (a)  Nothing in this section shall alter the rights or bene-
    17  fits, and privileges, including, but not limited to terms and conditions
    18  of employment, civil service  status,  and  collective  bargaining  unit
    19  membership,  of  any current employees of school districts or any entity
    20  contracted to provide pupil transportation services, or services attend-
    21  ant thereto, including but not limited to drivers, attendants, dispatch-
    22  ers, and mechanics.
    23    (b) Nothing in this  section  shall  result  in:  (i)  the  discharge,
    24  displacement,  or  loss of position, including partial displacement such
    25  as a reduction in the hours of non-overtime work, wages,  or  employment
    26  benefits;  (ii)  the impairment of existing collective bargaining agree-
    27  ments; (iii) the transfer of existing duties and functions; or (iv)  the
    28  transfer of future duties and functions, of any currently employed work-
    29  er  impacted  by  the  proposed  purchase  or  lease  who  agrees  to be
    30  retrained.
    31    (c) Prior to the beginning of the procurement process for new zero-em-
    32  ission school buses, omnibuses,  vehicles,  charging  infrastructure  or
    33  equipment,  fueling infrastructure or equipment, or other equipment, the
    34  school district, private school bus company,  or  other  employer  whose
    35  workers  provide  pupil  transportation  services  or services attendant
    36  thereto, shall create and implement a workforce development report that:
    37  (i) estimates the number of current positions that would  be  eliminated
    38  or  substantially  changed as a result of the purchase or lease, and the
    39  number of positions expected to  be  created  at  the  school  district,
    40  private school bus company or other employer whose workers provide pupil
    41  transportation  services  or  services attendant thereto by the proposed
    42  purchase or lease over the intended life of  the  proposed  purchase  or
    43  lease;  (ii) identifies gaps in skills of its current workforce that are
    44  needed to operate and maintain zero-emission  school  buses,  omnibuses,
    45  vehicles,  charging  infrastructure or equipment, fueling infrastructure
    46  or equipment, or other equipment; (iii) includes a comprehensive plan to
    47  transition, train,  or  retrain  employees  that  are  impacted  by  the
    48  proposed  purchase  or  lease;  and (iv) contains an estimated budget to
    49  transition, train,  or  retrain  employees  that  are  impacted  by  the
    50  proposed purchase or lease.
    51    (d)  Nothing  in  this  section  shall:  (i) limit rights of employees
    52  pursuant to a collective bargaining agreement, or (ii) alter the  exist-
    53  ing representational relationships among collective bargaining represen-
    54  tatives  or  the  bargaining  relationships between the employer and any
    55  collective bargaining representative. Employees of public entities serv-
        S. 8220                             4

     1  ing in positions in newly created titles shall be assigned to the appro-
     2  priate bargaining unit.
     3    (e)  Prior  to  beginning  the  procurement  process for zero-emission
     4  school buses, omnibuses, vehicles, charging infrastructure or equipment,
     5  fueling infrastructure or equipment, or other equipment, any employer of
     6  workers covered by this section shall inform its  employees'  collective
     7  bargaining  representative  of  any  potential  impact on its members or
     8  unit, including positions that may be affected, altered,  or  eliminated
     9  as a result of the purchase.
    10    [6.]  5.  When  purchasing  zero-emission school buses and charging or
    11  fueling infrastructure, school districts are encouraged to  utilize  the
    12  centralized  contracts  for  zero  emission school buses and charging or
    13  fueling infrastructure established by the office of general services.
    14    [7.] 6. Beginning in the two thousand twenty-four--two thousand  twen-
    15  ty-five  school year, every school district shall annually submit to the
    16  commissioner a progress report on the  implementation  of  zero-emission
    17  school  buses  as  required under this section in a format prescribed by
    18  the commissioner and approved by the director of the budget. The  report
    19  shall  include,  but  not  be  limited to, (i) sufficiency of the school
    20  district's electric infrastructure  to  support  anticipated  electrical
    21  needs,  (ii)  the  availability  and installation of charging or fueling
    22  stations and other components and  capital  infrastructure  required  to
    23  support  the  transition  to  and  full  implementation of zero-emission
    24  school buses, (iii) whether the workforce development report pursuant to
    25  paragraph (c) of subdivision  [five]  four  of  this  section  has  been
    26  created and implemented, (iv) the number and proportion of zero-emission
    27  school buses the school district or any contractor providing transporta-
    28  tion  services  is  utilizing  in  the  current school year, and (v) the
    29  number and proportion of zero-emission school buses purchased or  leased
    30  by  the  school  district  or  any  contractor  providing transportation
    31  services in the current school year and the total anticipated number for
    32  the next two years. The progress report shall be due on or before August
    33  first of each year. Beginning October first, two  thousand  twenty-four,
    34  the  commissioner  shall  annually  submit a report to the governor, the
    35  temporary president of the senate and the speaker of the assembly on the
    36  progress of implementation of zero-emission school buses as reported  by
    37  the school districts.
    38    §  2. Subdivision 23 of section 1854 of the public authorities law, as
    39  amended by section 19-a of part A of chapter 56 of the laws of 2023,  is
    40  amended to read as follows:
    41    23. No later than December thirty-first, two thousand twenty-five, and
    42  annually  thereafter,  the  authority shall issue a report on the avail-
    43  ability of zero-emission school buses and charging  or  fueling  infras-
    44  tructure  that  meet  the  criteria  established in [subdivision two of]
    45  section thirty-six  hundred  thirty-eight  of  the  education  law.  The
    46  authority  shall  provide technical assistance to school districts, upon
    47  request, in pursuing state and federal grants and other funding opportu-
    48  nities to support the purchase and contracting requirements set forth in
    49  [subdivision two of] section  thirty-six  hundred  thirty-eight  of  the
    50  education  law, and shall consult with the office of fire prevention and
    51  control in developing appropriate fire suppression and safety procedures
    52  related to lithium and hydrogen-based fires.
    53    § 3. This act shall take effect immediately; provided,  however,  that
    54  the  amendments  to  subdivision  6 of section 3638 of the education law
    55  made by section one of this act shall not  affect  the  repeal  of  such
    56  subdivision and shall be deemed repealed therewith.