New York State Assembly

 
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A09238 Summary:

A09238 Actions:

A09238 Committee Votes:

Committee:EDUCATION   Chair:Benedetto      
DATE:05/08/2024AYE/NAY:28/0  Action: Favorable refer to committee Ways and Means        
Benedetto
Aye
Smith
Aye
Magnarelli
Aye
Walsh
Aye
Paulin
Aye
McDonough
Excused
Ramos
Absent
Mikulin
Aye
Kim
Aye
Reilly
Aye
Otis
Aye
Brown
Aye
Hyndman
Aye
Chang
Aye
Bronson
Aye
McGowan
Excused
Jean-Pierre
Aye
Pirozzolo
Aye
Taylor
Aye
Bichotte Hermel
Aye
Sayegh
Aye
Buttenschon
Aye
Conrad
Aye
Jackson
Aye
Mitaynes
Aye
Septimo
Aye
De Los Santos
Aye
Pheffer Amato
Aye
Gibbs
Aye
Ardila
Aye
Clark
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/15/2024AYE/NAY:27/4  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Excused
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Nay
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Nay
Weprin
Excused
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Nay
McDonald
Aye
Smullen
Nay
Rozic
Aye
Dinowitz
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Excused
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Excused
Simon
Aye
Cruz
Aye
Fahy
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/28/2024AYE/NAY:26/2  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Nay
Aubry
Excused
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A09238 Floor Votes:

A09238 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9238--A
 
                   IN ASSEMBLY
 
                                    February 22, 2024
                                       ___________
 
        Introduced by M. of A. WOERNER, CONRAD, TAYLOR, WALSH, THIELE, SAYEGH --
          read  once  and referred to the Committee on Education -- reported and
          referred to the Committee on Ways and Means -- reported  and  referred
          to the Committee on Rules -- Rules Committee discharged, bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules

        AN ACT to amend the education law and the local finance law, in relation
          to the period of probable usefulness 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. Subdivision 21-a of section 1604 of the education  law,  as
     2  amended by section 6 of subpart A of part B of chapter 56 of the laws of
     3  2022, is amended to read as follows:
     4    21-a.  To  lease a motor vehicle or vehicles to be used for the trans-
     5  portation of the children of the district from a school district,  board
     6  of  cooperative  educational services or county vocational education and
     7  extension board or from any other source, under the conditions specified
     8  in this subdivision. No such agreement for the lease of a motor  vehicle
     9  or  vehicles  shall be for a term of more than one school year, provided
    10  that when authorized by a vote of the qualified voters of  the  district
    11  such  lease may have a term of up to five years, or [twelve] eight years
    12  for the lease of zero-emission school buses as defined in section  thir-
    13  ty-six  hundred thirty-eight of this chapter. Where the trustee or board
    14  of trustees enter into a lease of a motor vehicle or  vehicles  pursuant
    15  to  this subdivision for a term of one school year or less, such trustee
    16  or board shall not be authorized to enter into  another  lease  for  the
    17  same  or an equivalent replacement vehicle or vehicles, as determined by
    18  the commissioner, without obtaining approval of the qualified voters  of
    19  the school district.
    20    §  2.  Paragraph  i of subdivision 25 of section 1709 of the education
    21  law, as amended by section 7 of subpart A of part B of chapter 56 of the
    22  laws of 2022, is amended to read as follows:
    23    i. In addition to the authority granted in paragraph e of this  subdi-
    24  vision,  the  board  of  education  shall be authorized to lease a motor
    25  vehicle or vehicles to be used for the transportation of the children of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14568-02-4
        A. 9238--A                          2
 
     1  the district from sources other than a school district, board of cooper-
     2  ative educational services or county vocational education and  extension
     3  board  under  the conditions specified in this paragraph. No such agree-
     4  ment for the lease of a motor vehicle or vehicles shall be for a term of
     5  more  than  one  school year, provided that when authorized by a vote of
     6  the qualified voters of the district such lease may have a term of up to
     7  five years, or [twelve] eight  years  for  the  lease  of  zero-emission
     8  school  buses  as  defined in section thirty-six hundred thirty-eight of
     9  this chapter. Where the board of education enters a  lease  of  a  motor
    10  vehicle  or vehicles pursuant to this paragraph for a term of one school
    11  year or less, such board shall not be authorized to enter  into  another
    12  lease  of  the same or an equivalent replacement vehicle or vehicles, as
    13  determined by  the  commissioner,  without  obtaining  approval  of  the
    14  voters.
    15    §  3.  Paragraph  e  of subdivision 7 of section 3602 of the education
    16  law, as amended by section 3 of subpart A of part B of chapter 56 of the
    17  laws of 2022, is amended to read as follows:
    18    e. In determining approved transportation capital,  debt  service  and
    19  lease expense for aid payable in the two thousand five--two thousand six
    20  school  year  and  thereafter,  the  commissioner,  after  applying  the
    21  provisions of paragraph c of this subdivision  to  such  expense,  shall
    22  establish  an  assumed amortization pursuant to this paragraph to deter-
    23  mine the approved capital, debt service and lease expense of the  school
    24  district  that is aidable in the current year, whether or not the school
    25  district issues debt for such expenditures,  subject  to  any  deduction
    26  pursuant  to  paragraph d of this subdivision. Such assumed amortization
    27  shall be for a period of five years, and for the  two  thousand  twenty-
    28  two--two  thousand  twenty-three school year and thereafter such assumed
    29  amortization for zero-emission school buses as defined in section  thir-
    30  ty-six  hundred  thirty-eight of this article and related costs pursuant
    31  to paragraph f of subdivision two of section thirty-six hundred  twenty-
    32  three-a  of  this article shall be for a period of [twelve] eight years,
    33  and shall commence twelve months after the school district enters into a
    34  purchase contract or lease of the school bus, charging station, hydrogen
    35  fueling  station,  or  equipment,  or  a  general   contract   for   the
    36  construction,  reconstruction,  lease  or  purchase  of a transportation
    37  storage facility or site in an amount less than  ten  thousand  dollars.
    38  Such assumed amortization shall provide for equal semiannual payments of
    39  principal  and interest based on an assumed interest rate established by
    40  the commissioner pursuant to this paragraph. By the first day of Septem-
    41  ber of the current year commencing with the two thousand five--two thou-
    42  sand six school year, each school district shall provide to the  commis-
    43  sioner  in  a  format prescribed by the commissioner such information as
    44  the commissioner shall require for all capital  debt  incurred  by  such
    45  school  district during the preceding school year for expenses allowable
    46  pursuant to subdivision two of section thirty-six hundred twenty-three-a
    47  of this article. Based on such reported amortizations and a  methodology
    48  prescribed  by  the  commissioner in regulations, the commissioner shall
    49  compute an assumed interest rate that shall equal  the  average  of  the
    50  interest  rates  applied  to  all  such debt issued during the preceding
    51  school year. The assumed interest rate shall be  the  interest  rate  of
    52  each  such  school  district  applicable  to  the  current  year for the
    53  purposes of this paragraph and shall be expressed as a decimal  to  five
    54  places rounded to the nearest eighth of one-one hundredth.
        A. 9238--A                          3
 
     1    §  4.  Subdivision  29-a  of paragraph a of section 11.00 of the local
     2  finance law, as amended by section 8 of subpart A of part B  of  chapter
     3  56 of the laws of 2022, is amended to read as follows:
     4    29-a.  Transit motor vehicles. The purchase of municipally owned omni-
     5  bus or similar surface  transit  motor  vehicles,  ten  years;  and  the
     6  purchase  of  zero-emission  school  buses  owned  by  a school district
     7  defined pursuant to paragraph two of section 2.00  of  this  chapter,  a
     8  city  school district with a population of more than one hundred twenty-
     9  five thousand inhabitants, or board of cooperative educational services,
    10  [twelve] eight years.
    11    § 5. This act shall take effect on the first of July  next  succeeding
    12  the date on which it shall have become a law.