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.
STATE OF NEW YORK
________________________________________________________________________
5073
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. O'PHARROW -- 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 the
16 statewide transition to zero-emission buses pursuant to section thirty-
17 six hundred thirty-eight of this chapter and provided that it has been
18 established by the contractor that there has been at least an equivalent
19 increase in the amount of such contractor's cost of operation. The
20 commissioner shall not approve such an amendment if the commissioner
21 finds that it circumvents the competitive bidding requirements contained
22 in paragraph a of this subdivision, or otherwise violates this section
23 or any other provision of law, or fails to increase or maintain the
24 safety of pupil transportation.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09134-01-5
A. 5073 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.
