Ensures zero-emission school buses and major components thereof are manufactured and assembled within the United States; provides for waivers of zero-emission school bus requirements in certain circumstances.
STATE OF NEW YORK
________________________________________________________________________
3586
2025-2026 Regular Sessions
IN SENATE
January 28, 2025
___________
Introduced by Sen. BORRELLO -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to ensuring zero-emission
school buses and major components thereof are manufactured and assem-
bled within the United States and providing for waivers of zero-emis-
sion school bus requirements in certain circumstances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2 and 3 of section 3638 of the education law,
2 as added by section 1 of subpart A of part B of chapter 56 of the laws
3 of 2022, are amended to read as follows:
4 2. (a) No later than July first, two thousand twenty-seven, every
5 school district shall:
6 (i) only purchase or lease zero-emission school buses when purchasing
7 or leasing new buses;
8 (ii) include requirements in any procurement for school transportation
9 services that any contractors providing transportation services for the
10 school district must only purchase or lease zero-emission school buses
11 when purchasing or leasing new school buses; and
12 (iii) include requirements in any procurement for the manufacturing or
13 retrofitting of a zero-emission school bus and charging or fueling
14 infrastructure that the components and parts used or supplied in the
15 performance of the contract or any subcontract thereto shall be produced
16 or made in whole or substantial part in the United States, its territo-
17 ries or possessions and that final assembly of the zero-emission school
18 bus and charging or fueling infrastructure shall occur in the United
19 States, its territories or possessions.
20 (b) [The commissioner, in consultation with the New York state energy
21 research and development authority and office of general services, may
22 waive the contracting requirements set forth in subparagraph (iii) of
23 paragraph (a) of this subdivision if the commissioner determines that
24 the requirements would not be in the public interest, would result in
25 unreasonable costs, or that obtaining such zero-emission school buses
26 and charging or fueling infrastructure components and parts in the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08115-01-5
S. 3586 2
1 United States would increase the cost of a school district's contract
2 for zero-emission school buses and charging or fueling infrastructure by
3 an unreasonable amount, or such zero-emission school busses and charging
4 or fueling infrastructure components and parts cannot be produced, made,
5 or assembled in the United States in sufficient and reasonably available
6 quantities or of satisfactory quality. Such determination must be made
7 on an annual basis no later than December thirty-first, after providing
8 notice and an opportunity for public comment, and be made publicly
9 available, in writing, on the department's website with a detailed
10 explanation of the findings leading to such determination. If the
11 commissioner has issued determinations for three consecutive years that
12 no such waiver is warranted pursuant to this paragraph, then the commis-
13 sioner shall no longer be required to provide the annual determinations
14 required by this paragraph.
15 3.] No later than July first, two thousand thirty-five, every school
16 district shall:
17 [(a)] (i) only operate and maintain zero-emission school buses; and
18 [(b)] (ii) include requirements in any procurement for school trans-
19 portation services that any contractors providing transportation
20 services for the school district must only operate zero-emission school
21 buses when providing such transportation services to the school
22 district.
23 3. (a) The commissioner, in consultation with the New York state ener-
24 gy research and development authority and office of general services,
25 may waive the contracting requirements set forth in subparagraphs (i)
26 and (ii) of paragraph (a) and paragraph (b) of subdivision two of this
27 section if the commissioner determines that the requirements would not
28 be in the public interest, would result in unreasonable costs, or that
29 obtaining such zero-emission school buses and charging or fueling
30 infrastructure components and parts in the United States would increase
31 the cost of a school district's contract for zero-emission school buses
32 and charging or fueling infrastructure by an unreasonable amount, or
33 such zero-emission school buses and charging or fueling infrastructure
34 components and parts cannot be produced, made, or assembled in the
35 United States in sufficient and reasonably available quantities or of
36 satisfactory quality. Such determination must be made on an annual basis
37 no later than December thirty-first, after providing notice and an
38 opportunity for public comment, and be made publicly available, in writ-
39 ing, on the department's website with a detailed explanation of the
40 findings leading to such determination. If the commissioner has issued
41 determinations for three consecutive years that no such waiver is
42 warranted pursuant to this paragraph, then the commissioner shall no
43 longer be required to provide the annual determinations required by this
44 paragraph.
45 (b) Where a waiver is granted under paragraph (a) of this subdivision,
46 the school district issued such waiver shall include requirements in any
47 procurement for the manufacturing or retrofitting of a school bus and
48 charging or fueling infrastructure that the components and parts used or
49 supplied in the performance of the contract or any subcontract thereto
50 shall be produced or made in whole or substantial part in the United
51 States, its territories or possessions and that final assembly of the
52 school bus and charging or fueling infrastructure shall occur in the
53 United States, its territories or possessions.
54 § 2. This act shall take effect immediately.
