NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8035
SPONSOR: Kassay TITLE OF BILL:
An act to amend the education law, in relation to building aid for
incremental zero-emission school bus infrastructure costs
PURPOSE OR GENERAL IDEA OF BILL::
The purpose of this bill is to allow school districts to access building
aid for certain building costs associated with the transition to zero-
emission buses.
SUMMARY OF PROVISIONS::
Section 1. Subdivision 6-i of section 3602 of the education law, as
added by section 6 of part A of chapter 56 of the laws of 2022, is
amended and a new subdivision 6-j is added to allow districts to receive
building aid for incremental zero-emission school bus infrastructure
costs and incremental customer-owned make-ready costs. Subdivision 6-j
defines "incremental zero-emission school bus storage costs" and "incre-
mental customer-owned make ready costs," and authorizes the commissioner
to apportion additional building aid to school districts for storage and
utility costs associated with the transition to electric school buses
beginning in the base year until the 2034-2035 school year. These
expenses would be reimbursed at cost.
Section 2. Establishes the enacting clause.
JUSTIFICATION::
New York State law requires all school districts to fully transition to
zero-emission electric school bus (ZEB) fleets by 2035. This shift
carries significant benefits for students, school communities, and the
state overall. Replacing diesel and gas-powered buses with electric
models will reduce children's exposure to harmful pollutants that
contribute to asthma and other health concerns, while also supporting
the state's broader goal of reducing carbon emissions and building a
clean energy economy.
While the benefits are clear, school districts are facing new and
complex costs as they plan for and begin the transition to electric
buses. Among these costs are upgrades to bus storage facilities and
electrical infrastructure, which are critical to supporting the effec-
tive operation of ZEBs.
Proper storage of ZEBs is especially important in colder climates like
New York, where indoor storage can help extend battery range and reduce
charging times. To prepare for the transition, many districts need to
make costly updates to their facilities. These include installing high-
capacity vehicle lifts, modifying garages to accommodate larger buses,
upgrading electrical service and panels, trenching for conductors, and
installing advanced fire suppression systems. Despite the importance of
these upgrades, current law does not allow districts to access building
or transportation aid to offset these expenses.
As districts take on these complex infrastructure upgrades, New York
State should be supporting them every step of the way. Without addi-
tional assistance or a clear path to funding, these new requirements
risk placing significant financial strain on schools. It is essential
that the state provide resources and funding mechanisms to ensure the
transition to electric buses does not come at the cost of broader educa-
tional services or school operations.
This legislation would address the issue by allowing school districts to
receive building aid for ZEB-related storage and utility upgrades
incurred through the 2034-2035 school year. Districts would be eligible
for reimbursement equal to the actual approved costs of these expendi-
tures.
PRIOR LEGISLATIVE HISTORY::
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
To be determined.
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8035
2025-2026 Regular Sessions
IN ASSEMBLY
April 22, 2025
___________
Introduced by M. of A. KASSAY -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to building aid for
incremental zero-emission school bus infrastructure costs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6-i of section 3602 of the education law, as
2 added by section 6 of part A of chapter 56 of the laws of 2022, is
3 amended and a new subdivision 6-j is added to read as follows:
4 6-i. Building aid and the New York state energy research and develop-
5 ment authority P-12 schools: clean green schools initiative. 1. For aid
6 payable in the school years two thousand twenty-two--two thousand twen-
7 ty-three and thereafter, notwithstanding any provision of law to the
8 contrary, the apportionment to any district under subdivision six,
9 six-a, six-b, six-c, six-e, six-f, [or] six-h, or six-j of this section
10 for capital outlays for school building projects for energy efficiency
11 shall not exclude grants authorized pursuant to the New York state ener-
12 gy research and development authority P-12 schools: clean green schools
13 initiative from aidable expenditures, provided that the sum of appor-
14 tionments for these projects calculated pursuant to subdivision six,
15 six-a, six-b, six-c, six-e, six-f, [or] six-h, or six-j of this section
16 and such grants shall not exceed the actual project expenditures.
17 2. The New York state energy research and development authority shall
18 provide a list of energy efficiency grants awarded to each school
19 district to the commissioner no later than one month prior to the end of
20 each calendar year and each school year. This list shall include the
21 capital construction project or projects funded by the grants, the award
22 amounts of each individual project grant, the district receiving such
23 grants, the schools receiving such grants, the date on which the grant
24 was received, and any other information necessary for the calculation of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10380-01-5
A. 8035 2
1 aid pursuant to subdivision six, six-a, six-b, six-c, six-e, six-f, [or]
2 six-h, or six-j of this section.
3 6-j. Building aid for incremental zero-emission school bus infrastruc-
4 ture costs. a. For the purposes of this subdivision, the following terms
5 shall have the following meanings: 1. "incremental zero-emission school
6 bus storage costs" shall mean the sum of additional costs for the stor-
7 age of zero-emission school buses as compared to traditional school
8 buses. Such incremental costs shall reflect new or increased costs from,
9 but not be limited to: modifications to bus facilities such as wider and
10 taller doors and/or garages, modifications to bus facilities to address
11 higher weights such as higher power lifts, equipment and software for
12 advanced fire suppression systems, installation and operation of charge
13 management systems, and the cost of entire storage facilities or prepa-
14 ration of storage locations where one would not have been necessary but
15 for the storage of zero-emission school buses; and
16 2. "incremental customer-owned make-ready costs" shall mean the sum of
17 additional costs of any capital investment in equipment or infrastruc-
18 ture beyond the utility service point necessary to make a site ready to
19 accept an electric vehicle charger, including conductors, trenching, and
20 panels, where such costs would not have been present but for the prepa-
21 ration of the site to be able to charge zero-emission school buses.
22 b. In addition to the apportionments payable to a school district
23 pursuant to subdivision six of this section, the commissioner is hereby
24 authorized to apportion to any school district additional building aid
25 pursuant to this subdivision for its approved expenditures, otherwise
26 ineligible for building aid, beginning in the base year through the two
27 thousand thirty-four--two thousand thirty-five school year for incre-
28 mental zero-emission school bus storage costs and incremental customer-
29 owned make-ready costs that are constructed or improved pursuant to this
30 subdivision, provided that such expenditures are not reimbursable from
31 another state or federal source except as provided in subdivision six-i
32 of this section, or from funding from one or more electric corporations
33 as such term is defined in section two of the public service law. Such
34 aid shall equal the actual approved expenditures incurred beginning in
35 the base year through the two thousand thirty-four--two thousand thir-
36 ty-five school year pursuant to this subdivision, to the extent that
37 such expenditures are not reimbursable from another state or federal
38 source except as provided in subdivision six-i of this section, or from
39 funding from one or more electric corporations as such term is defined
40 in section two of the public service law.
41 § 2. This act shall take effect immediately
