NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5168
SPONSOR: Palmesano TITLE OF BILL:
An act to amend the education law and the public authorities law, in
relation to the availability and purchase of zero-emission school buses
PURPOSE OR GENERAL IDEA OF BILL:
Delays the statewide implementation of the zero-emission school bus
mandate until 2045 or until all state agencies convert their fleets and
sets other benchmarks that the State Education Department and other
state agencies must meet in relation to the full implementation of the
mandate.
SUMMARY OF PROVISIONS:
Section 1 amends various subdivisions of section. 3638 of Education law
to delay the requirement that all new school bus purchases or leases
completed on or after July 1, 2027 must be zero-emission vehicles until
July 1, 2045 or until all state agencies have transitioned one hundred
percent of their medium- and heavy-duty vehicle fleets to zero-emission
vehicles, whichever is later, and authorizes the Commissioner of Educa-
tion, in consultation with the NYISO, utilities, and the Department of
Public Service, to override the mandate if it is determined that zero-
emission school buses are not feasible for a particular application;
repeals the requirement that all school bus fleets in operation must be
zero-emission.by July 1, 2035; requires all components and parts used or
supplied in zero-emission school buses or related infrastructure be made
in whole or substantial part in the United States; and directs the
Commissioner of Education to complete a cost-benefit analysis for each
school district that considers the costs necessary to comply with the
zero-emission school bus mandate and provide an extension to such
schools if necessary.
Section 2 amends section 1859 of the Public Authorities Law to direct
NYSERDA to consult with the Office Of Fire Prevention and Control to
develop appropriate fire-suppression and safety procedures related to
lithium and hydrogen-based fires which NYSERDA must transmit to school
districts as part of the technical assistance requirements of the zero-
emission school bus mandate.
Section 3 sets the effective date.
JUSTIFICATION:
The zero-emission school bus mandate that was implemented in the Fiscal
Year 2022-23 Enacted Budget has placed an onerous mandate on school
districts which must be adopted on an aggressive timeline. It is still
to be determined if the mandate is feasible according to the established
timeline, especially for upstate and rural school districts which face
vastly different constraints from their downstate peers. Further, school
districts should not have to navigate the complexities, or face the
significant expenses, of converting their bus fleets until all state
agencies fully transitioned their medium- and heavy-duty vehicles to
zero-emission vehicles.
The current zero-emission school bus mandate also overlooks or neglects
to impose restrictions on the incorporation of components or parts used
in the production of zero-emission buses and their associated infras-
tructure, some of which may be derived from sources and methods antith-
etical to the values of New Yorkers, such as foreign mining operations
with hazardous working conditions including child labor. It also does
not require the state to work with school districts to develop detailed
cost-benefit analyses that examine the costs of transitioning their.
fleets, nor does it direct the state to transmit safety. procedures
related to lithium or hydrogen-based battery fires that will undoubtedly
become more prevalent as a result of this mandate. This legislation
attempts to remedy these issues by instituting common sense reforms to
the mandate that will provide school districts with the flexibility and
guidance they need to adapt to these new requirements.
PRIOR LEGISLATIVE HISTORY:
2023: A.8447 - held in education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined..
EFFECTIVE.DATE:
This act shall take. effect immediately; provided, however, that the
amendments to subdivision 6 of section 3638 of the education law made by
section one of this act shall not affect the repeal of such subdivision
and shall be deemed repealed therewith.
STATE OF NEW YORK
________________________________________________________________________
5168
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. PALMESANO, BARCLAY, ANGELINO, BEEPHAN, BENDETT,
BLANKENBUSH, BOLOGNA, BRABENEC, E. BROWN, DeSTEFANO, DiPIETRO, FRIEND,
GALLAHAN, GIGLIO, HAWLEY, JENSEN, LEMONDES, MAHER, MANKTELOW, McDO-
NOUGH, MIKULIN, MILLER, MORINELLO, SIMPSON, SLATER, SMITH, SMULLEN,
TAGUE, WALSH -- read once and referred 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04865-01-5
A. 5168 2
1 performance of the contract or any subcontract thereto shall be produced
2 or made in whole or substantial part in the United States, its territo-
3 ries or possessions and that final assembly of the zero-emission school
4 bus and charging or fueling infrastructure shall occur in the United
5 States, its territories or possessions.
6 (b) The commissioner, in consultation with the New York state energy
7 research and development authority and office of general services, may
8 waive the contracting requirements set forth in subparagraph (iii) of
9 paragraph (a) of this subdivision if the commissioner determines that
10 the requirements would not be in the public interest, would result in
11 unreasonable costs, or that obtaining such zero-emission school buses
12 and charging or fueling infrastructure components and parts in the
13 United States would increase the cost of a school district's contract
14 for zero-emission school buses and charging or fueling infrastructure by
15 an unreasonable amount, or such zero-emission school busses and charging
16 or fueling infrastructure components and parts cannot be produced, made,
17 or assembled in the United States in sufficient and reasonably available
18 quantities or of satisfactory quality. Such determination must be made
19 on an annual basis no later than December thirty-first, after providing
20 notice and an opportunity for public comment, and be made publicly
21 available, in writing, on the department's website with a detailed
22 explanation of the findings leading to such determination. If the
23 commissioner has issued determinations for three consecutive years that
24 no such waiver is warranted pursuant to this paragraph, then the commis-
25 sioner shall no longer be required to provide the annual determinations
26 required by this paragraph.
27 3.] No later than July first, two thousand [thirty-five] forty-seven,
28 or until all state agencies have transitioned one hundred percent of
29 their medium- and heavy-duty vehicle fleets to zero-emission vehicles,
30 whichever is later, unless a zero-emission school bus is not feasible
31 for a particular application as determined by the commissioner in
32 consultation with the New York state independent system operator, utili-
33 ties, and the department of public service, every school district shall:
34 (a) [only operate and maintain zero-emission school buses; and] only
35 purchase or lease zero-emission school buses when purchasing or leasing
36 new buses;
37 (b) include requirements in any procurement for school transportation
38 services that any contractors providing transportation services for the
39 school district must only [operate zero-emission school buses when
40 providing such transportation services to the school district] purchase
41 or lease zero-emission school buses when purchasing or leasing new
42 school buses; and
43 (c) include requirements in any procurement for the manufacturing or
44 retrofitting of a zero-emission school bus and charging or fueling
45 infrastructure that the components and parts used or supplied in the
46 performance of the contract or any subcontract thereto shall be produced
47 or made in whole or substantial part in the United States, its territo-
48 ries or possessions and that final assembly of the zero-emission school
49 bus and charging or fueling infrastructure shall occur in the United
50 States, its territories or possessions.
51 [4. A school district may apply to the commissioner, and the depart-
52 ment may grant a one-time] 3. The commissioner, in consultation with the
53 school district business official, shall complete a cost-benefit analy-
54 sis for each school district that considers ongoing costs necessary to
55 comply with subdivision two of this section, including but not limited
56 to utility infrastructure upgrades, the installation of charging or
A. 5168 3
1 fueling infrastructure, facility renovations or upgrades, procurement
2 costs related to the purchase of a zero-emission school bus, appropriate
3 fire suppression systems, and any other relevant costs estimated by the
4 school district in their annual zero-emission school bus progress
5 reports as required by subdivision six of this section. Upon completion
6 of such analysis, if it is determined that a school district will be
7 unable to comply with the implementation of zero-emission school bus
8 fleets required by subdivision two of this section, the commissioner
9 shall grant an extension of up to twenty-four months to comply with the
10 requirements of subdivision two of this section. The commissioner shall
11 consider a school district's effort to meet the requirements of subdivi-
12 sion two of this section when granting an extension, including but not
13 limited to, procurement efforts made by the school district, applica-
14 tions for state or federal funds, changes needed to school district
15 operations to meet the requirements of this section, employee training,
16 and receipt of technical assistance, if any. Upon a school district
17 receiving an extension, the New York state energy research and develop-
18 ment authority, in consultation with the department, shall provide any
19 additional technical assistance necessary to the district to meet the
20 requirements of subdivision two of this section.
21 [5.] 4. (a) Nothing in this section shall alter the rights or bene-
22 fits, and privileges, including, but not limited to terms and conditions
23 of employment, civil service status, and collective bargaining unit
24 membership, of any current employees of school districts or any entity
25 contracted to provide pupil transportation services, or services attend-
26 ant thereto, including but not limited to drivers, attendants, dispatch-
27 ers, and mechanics.
28 (b) Nothing in this section shall result in: (i) the discharge,
29 displacement, or loss of position, including partial displacement such
30 as a reduction in the hours of non-overtime work, wages, or employment
31 benefits; (ii) the impairment of existing collective bargaining agree-
32 ments; (iii) the transfer of existing duties and functions; or (iv) the
33 transfer of future duties and functions, of any currently employed work-
34 er impacted by the proposed purchase or lease who agrees to be
35 retrained.
36 (c) Prior to the beginning of the procurement process for new zero-em-
37 ission school buses, omnibuses, vehicles, charging infrastructure or
38 equipment, fueling infrastructure or equipment, or other equipment, the
39 school district, private school bus company, or other employer whose
40 workers provide pupil transportation services or services attendant
41 thereto, shall create and implement a workforce development report that:
42 (i) estimates the number of current positions that would be eliminated
43 or substantially changed as a result of the purchase or lease, and the
44 number of positions expected to be created at the school district,
45 private school bus company or other employer whose workers provide pupil
46 transportation services or services attendant thereto by the proposed
47 purchase or lease over the intended life of the proposed purchase or
48 lease; (ii) identifies gaps in skills of its current workforce that are
49 needed to operate and maintain zero-emission school buses, omnibuses,
50 vehicles, charging infrastructure or equipment, fueling infrastructure
51 or equipment, or other equipment; (iii) includes a comprehensive plan to
52 transition, train, or retrain employees that are impacted by the
53 proposed purchase or lease; and (iv) contains an estimated budget to
54 transition, train, or retrain employees that are impacted by the
55 proposed purchase or lease.
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1 (d) Nothing in this section shall: (i) limit rights of employees
2 pursuant to a collective bargaining agreement, or (ii) alter the exist-
3 ing representational relationships among collective bargaining represen-
4 tatives or the bargaining relationships between the employer and any
5 collective bargaining representative. Employees of public entities serv-
6 ing in positions in newly created titles shall be assigned to the appro-
7 priate bargaining unit.
8 (e) Prior to beginning the procurement process for zero-emission
9 school buses, omnibuses, vehicles, charging infrastructure or equipment,
10 fueling infrastructure or equipment, or other equipment, any employer of
11 workers covered by this section shall inform its employees' collective
12 bargaining representative of any potential impact on its members or
13 unit, including positions that may be affected, altered, or eliminated
14 as a result of the purchase.
15 [6.] 5. When purchasing zero-emission school buses and charging or
16 fueling infrastructure, school districts are encouraged to utilize the
17 centralized contracts for zero emission school buses and charging or
18 fueling infrastructure established by the office of general services.
19 [7.] 6. Beginning in the two thousand twenty-four--two thousand twen-
20 ty-five school year, every school district shall annually submit to the
21 commissioner a progress report on the implementation of zero-emission
22 school buses as required under this section in a format prescribed by
23 the commissioner and approved by the director of the budget. The report
24 shall include, but not be limited to, (i) sufficiency of the school
25 district's electric infrastructure to support anticipated electrical
26 needs, (ii) the availability and installation of charging or fueling
27 stations and other components and capital infrastructure required to
28 support the transition to and full implementation of zero-emission
29 school buses, (iii) whether the workforce development report pursuant to
30 paragraph (c) of subdivision [five] four of this section has been
31 created and implemented, (iv) the number and proportion of zero-emission
32 school buses the school district or any contractor providing transporta-
33 tion services is utilizing in the current school year, and (v) the
34 number and proportion of zero-emission school buses purchased or leased
35 by the school district or any contractor providing transportation
36 services in the current school year and the total anticipated number for
37 the next two years. The progress report shall be due on or before August
38 first of each year. Beginning October first, two thousand twenty-four,
39 the commissioner shall annually submit a report to the governor, the
40 temporary president of the senate and the speaker of the assembly on the
41 progress of implementation of zero-emission school buses as reported by
42 the school districts.
43 § 2. Subdivision 23 of section 1854 of the public authorities law, as
44 amended by section 19-a of part A of chapter 56 of the laws of 2023, is
45 amended to read as follows:
46 23. No later than December thirty-first, two thousand twenty-five, and
47 annually thereafter, the authority shall issue a report on the avail-
48 ability of zero-emission school buses and charging or fueling infras-
49 tructure that meet the criteria established in [subdivision two of]
50 section thirty-six hundred thirty-eight of the education law. The
51 authority shall provide technical assistance to school districts, upon
52 request, in pursuing state and federal grants and other funding opportu-
53 nities to support the purchase and contracting requirements set forth in
54 [subdivision two of] section thirty-six hundred thirty-eight of the
55 education law, and shall consult with the office of fire prevention and
A. 5168 5
1 control in developing appropriate fire suppression and safety procedures
2 related to lithium and hydrogen-based fires.
3 § 3. This act shall take effect immediately; provided, however, that
4 the amendments to subdivision 6 of section 3638 of the education law
5 made by section one of this act shall not affect the repeal of such
6 subdivision and shall be deemed repealed therewith.
