Authorizes school districts to submit an opt-out waiver to the commissioner of education authorizing such districts to opt-out of certain zero-emission school bus requirements.
STATE OF NEW YORK
________________________________________________________________________
3328
2025-2026 Regular Sessions
IN SENATE
January 24, 2025
___________
Introduced by Sens. GRIFFO, MATTERA, MURRAY, WALCZYK, WEIK -- 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 authorizing school
districts to opt-out of zero-emission school bus requirements
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
2 of subpart A of part B of chapter 56 of the laws of 2022, subdivision 7
3 as 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]:
7 (a) "Zero-emission school bus" shall mean a school bus that: is
8 propelled by an electric motor and associated power electronics which
9 provide acceleration torque to the drive wheels during normal vehicle
10 operations and draws electricity from a hydrogen fuel cell or battery;
11 or otherwise operates without direct emission of atmospheric pollutants.
12 (b) "Opt-out waiver" shall mean a formal instrument prescribed by the
13 commissioner that a school district may submit once to the commissioner
14 to secure a permanent exemption from the requirements of this section.
15 2. (a) No later than July first, two thousand twenty-seven, unless an
16 opt-out waiver has been submitted, every school district shall:
17 (i) only purchase or lease zero-emission school buses when purchasing
18 or leasing new buses;
19 (ii) include requirements in any procurement for school transportation
20 services that any contractors providing transportation services for the
21 school district must only purchase or lease zero-emission school buses
22 when purchasing or leasing new school buses; and
23 (iii) include requirements in any procurement for the manufacturing or
24 retrofitting of a zero-emission school bus and charging or fueling
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04567-01-5
S. 3328 2
1 infrastructure that the components and parts used or supplied in the
2 performance of the contract or any subcontract thereto shall be produced
3 or made in whole or substantial part in the United States, its territo-
4 ries or possessions and that final assembly of the zero-emission school
5 bus and charging or fueling infrastructure shall occur in the United
6 States, its territories or possessions.
7 (b) The commissioner, in consultation with the New York state energy
8 research and development authority and office of general services, may
9 waive the contracting requirements set forth in subparagraph (iii) of
10 paragraph (a) of this subdivision if the commissioner determines that
11 the requirements would not be in the public interest, would result in
12 unreasonable costs, or that obtaining such zero-emission school buses
13 and charging or fueling infrastructure components and parts in the
14 United States would increase the cost of a school district's contract
15 for zero-emission school buses and charging or fueling infrastructure by
16 an unreasonable amount, or such zero-emission school busses and charging
17 or fueling infrastructure components and parts cannot be produced, made,
18 or assembled in the United States in sufficient and reasonably available
19 quantities or of satisfactory quality. Such determination must be made
20 on an annual basis no later than December thirty-first, after providing
21 notice and an opportunity for public comment, and be made publicly
22 available, in writing, on the department's website with a detailed
23 explanation of the findings leading to such determination. If the
24 commissioner has issued determinations for three consecutive years that
25 no such waiver is warranted pursuant to this paragraph, then the commis-
26 sioner shall no longer be required to provide the annual determinations
27 required by this paragraph.
28 3. No later than July first, two thousand thirty-five, unless an opt-
29 out waiver has been submitted, every school district shall:
30 (a) only operate and maintain zero-emission school buses; and
31 (b) include requirements in any procurement for school transportation
32 services that any contractors providing transportation services for the
33 school district must only operate zero-emission school buses when
34 providing such transportation services to the school district.
35 4. A school district that has not submitted an opt-out waiver may
36 apply to the commissioner, and the department may grant a one-time
37 extension of up to twenty-four months to comply with the requirements of
38 subdivision two of this section. The commissioner shall consider a
39 school district's effort to meet the requirements of subdivision two of
40 this section when granting an extension, including but not limited to,
41 procurement efforts made by the school district, applications for state
42 or federal funds, changes needed to school district operations to meet
43 the requirements of this section, employee training, and receipt of
44 technical assistance, if any. Upon a school district receiving an exten-
45 sion, the New York state energy research and development authority, in
46 consultation with the department, shall provide any additional technical
47 assistance necessary to the district to meet the requirements of subdi-
48 vision two of this section.
49 5. (a) Nothing in this section shall alter the rights or benefits, and
50 privileges, including, but not limited to terms and conditions of
51 employment, civil service status, and collective bargaining unit member-
52 ship, of any current employees of school districts or any entity
53 contracted to provide pupil transportation services, or services attend-
54 ant thereto, including but not limited to drivers, attendants, dispatch-
55 ers, and mechanics.
S. 3328 3
1 (b) Nothing in this section shall result in: (i) the discharge,
2 displacement, or loss of position, including partial displacement such
3 as a reduction in the hours of non-overtime work, wages, or employment
4 benefits; (ii) the impairment of existing collective bargaining agree-
5 ments; (iii) the transfer of existing duties and functions; or (iv) the
6 transfer of future duties and functions, of any currently employed work-
7 er impacted by the proposed purchase or lease who agrees to be
8 retrained.
9 (c) Prior to the beginning of the procurement process for new zero-em-
10 ission school buses, omnibuses, vehicles, charging infrastructure or
11 equipment, fueling infrastructure or equipment, or other equipment, the
12 school district, private school bus company, or other employer whose
13 workers provide pupil transportation services or services attendant
14 thereto, shall create and implement a workforce development report that:
15 (i) estimates the number of current positions that would be eliminated
16 or substantially changed as a result of the purchase or lease, and the
17 number of positions expected to be created at the school district,
18 private school bus company or other employer whose workers provide pupil
19 transportation services or services attendant thereto by the proposed
20 purchase or lease over the intended life of the proposed purchase or
21 lease; (ii) identifies gaps in skills of its current workforce that are
22 needed to operate and maintain zero-emission school buses, omnibuses,
23 vehicles, charging infrastructure or equipment, fueling infrastructure
24 or equipment, or other equipment; (iii) includes a comprehensive plan to
25 transition, train, or retrain employees that are impacted by the
26 proposed purchase or lease; and (iv) contains an estimated budget to
27 transition, train, or retrain employees that are impacted by the
28 proposed purchase or lease.
29 (d) Nothing in this section shall: (i) limit rights of employees
30 pursuant to a collective bargaining agreement, or (ii) alter the exist-
31 ing representational relationships among collective bargaining represen-
32 tatives or the bargaining relationships between the employer and any
33 collective bargaining representative. Employees of public entities serv-
34 ing in positions in newly created titles shall be assigned to the appro-
35 priate bargaining unit.
36 (e) Prior to beginning the procurement process for zero-emission
37 school buses, omnibuses, vehicles, charging infrastructure or equipment,
38 fueling infrastructure or equipment, or other equipment, any employer of
39 workers covered by this section shall inform its employees' collective
40 bargaining representative of any potential impact on its members or
41 unit, including positions that may be affected, altered, or eliminated
42 as a result of the purchase.
43 6. When purchasing zero-emission school buses and charging or fueling
44 infrastructure, school districts are encouraged to utilize the central-
45 ized contracts for zero emission school buses and charging or fueling
46 infrastructure established by the office of general services.
47 7. Beginning in the two thousand twenty-four--two thousand twenty-five
48 school year, unless an opt-out waiver has been submitted, every school
49 district shall annually submit to the commissioner a progress report on
50 the implementation of zero-emission school buses as required under this
51 section in a format prescribed by the commissioner and approved by the
52 director of the budget. The report shall include, but not be limited to,
53 (i) sufficiency of the school district's electric infrastructure to
54 support anticipated electrical needs, (ii) the availability and instal-
55 lation of charging or fueling stations and other components and capital
56 infrastructure required to support the transition to and full implemen-
S. 3328 4
1 tation of zero-emission school buses, (iii) whether the workforce devel-
2 opment report pursuant to paragraph (c) of subdivision five of this
3 section has been created and implemented, (iv) the number and proportion
4 of zero-emission school buses the school district or any contractor
5 providing transportation services is utilizing in the current school
6 year, and (v) the number and proportion of zero-emission school buses
7 purchased or leased by the school district or any contractor providing
8 transportation services in the current school year and the total antic-
9 ipated number for the next two years. The progress report shall be due
10 on or before August first of each year. Beginning October first, two
11 thousand twenty-four, the commissioner shall annually submit a report to
12 the governor, the temporary president of the senate and the speaker of
13 the assembly on the progress of implementation of zero-emission school
14 buses as reported by the school districts.
15 § 2. This act shall take effect immediately; provided, however, that
16 the amendments to subdivision 7 of section 3638 of the education law
17 made by section one of this act shall not affect the repeal of such
18 subdivision and shall be deemed repealed therewith.
