STATE OF NEW YORK
________________________________________________________________________
1908
2025-2026 Regular Sessions
IN SENATE
January 14, 2025
___________
Introduced by Sens. O'MARA, ASHBY, BORRELLO, HELMING, OBERACKER, RHOADS,
TEDISCO, WEBER, WEIK -- 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.
LBD04865-01-5
S. 1908 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-seven,
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. 1908 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. 1908 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.
