NM
New Mexico House Bill HB32

New Mexico 2025 Regular Session

New Mexico House Bill HB32 Compare Versions

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2828 HOUSE BILL 32
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3030 TH LEGISLATURE
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4242 FIRST SESSION
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4545 2025
4646 INTRODUCED BY
4747 Debra M. Sariñana
4848 AN ACT
4949 RELATING TO SCHOOLS; PROVIDING SCHOOL DISTRICTS THE OPTION TO
5050 REPLACE SCHOOL BUSES WITH ELECTRIC OR ZERO EMISSION ALTERNATIVE
5151 FUEL SCHOOL BUSES; ALLOWING SCHOOL DISTRICTS TO ENTER INTO
5252 AGREEMENTS FOR THE USE OF THEIR ELECTRIC SCHOOL BUSES AS
5353 ELECTRICAL ENERGY STORAGE FOR PROVIDING GRID SERVICES OR FOR
5454 USE BY SCHOOLS.
5555 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5656 SECTION 1. Section 22-8-27 NMSA 1978 (being Laws 1967,
5757 Chapter 16, Section 77, as amended) is amended to read:
5858 "22-8-27. TRANSPORTATION EQUIPMENT.--
5959 A. The department shall establish a systematic
6060 program for the purchase of necessary school bus transportation
6161 equipment.
6262 B. In establishing a system for the replacement of
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9090 school-district-owned buses, the department shall provide for
9191 the replacement of school buses on a twelve-year cycle. The
9292 department shall provide school districts the option to replace
9393 a school bus with an electric or a zero emission alternative
9494 fuel school bus. School districts requiring additional buses
9595 to accommodate growth in the school district or to meet other
9696 special needs may petition the department for additional buses.
9797 Under exceptional circumstances, school districts may also
9898 petition the department for permission to replace buses prior
9999 to the completion of a twelve-year cycle or to use buses in
100100 excess of twelve years contingent upon satisfactory annual
101101 safety inspections.
102102 C. In establishing a system for the use of
103103 contractor-owned buses by school districts or state-chartered
104104 charter schools, the department shall establish a schedule for
105105 the payment of rental fees for the use of contractor-owned
106106 buses. The department shall establish procedures to ensure the
107107 systematic replacement of buses on a twelve-year replacement
108108 cycle. School districts requiring additional buses to
109109 accommodate growth in the school district or to meet other
110110 special needs may petition the department for additional buses.
111111 Under exceptional circumstances, school districts may also
112112 petition the department for permission to replace buses prior
113113 to the completion of a twelve-year cycle or to use buses in
114114 excess of twelve years contingent upon satisfactory annual
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143143 safety inspections.
144144 D. The school district shall file a lien on every
145145 contractor-owned school bus under the contract, which lien
146146 shall have priority second only to a lien securing a purchase-
147147 money obligation. The school district shall perfect its lien
148148 on each contractor-owned school bus by filing the lien with the
149149 motor vehicle division of the taxation and revenue department.
150150 The lien shall be recorded on the title of the school bus. A
151151 school bus contractor shall not refinance or use a school bus
152152 on which a school district has a lien as collateral for any
153153 other loan without prior written permission of the department.
154154 A school bus lien shall be collected and enforced as provided
155155 in Chapter 55, Article 9 NMSA 1978. The school district shall
156156 release its lien on a school bus:
157157 (1) when the department authorizes a
158158 replacement of the school bus; or
159159 (2) when the contractor has reimbursed the
160160 school district the amount calculated pursuant to Subsection E
161161 of this section if the school bus service contract is
162162 terminated or not renewed and the contractor owes the school
163163 district as provided in that subsection.
164164 E. No school district shall pay rental fees for any
165165 one bus for a period in excess of five years. In the event a
166166 school bus service contract is terminated or not renewed by
167167 either party, the department shall calculate the remaining
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196196 number of years that a bus could be used based on a twelve-year
197197 replacement cycle and calculate a value reflecting that use.
198198 The school district shall deduct an amount equal to that value
199199 from any remaining amount due on the contract, or if no balance
200200 remains on the contract, the contractor shall reimburse the
201201 school district an amount equal to the value calculated.
202202 F. If the school district fails to take action to
203203 collect money owed to it when a school bus contract is
204204 terminated or not renewed, the department may deduct the amount
205205 from the school district's transportation distribution.
206206 G. If a school district chooses to replace a school
207207 bus with an electric or a zero emission alternative fuel school
208208 bus and the school district:
209209 (1) has not obtained grants or other non-state
210210 funding for at least one-half of the cost of the electric or
211211 zero emission alternative fuel school bus, the department shall
212212 provide that school district with no less funding per bus than
213213 it would provide for a diesel school bus replacement. The
214214 district shall use these funds for an electric or a zero
215215 emission alternative fuel school bus and related charging
216216 infrastructure; or
217217 (2) has received grants or other non-state
218218 funding for at least one-half of the cost of the electric or
219219 zero emission alternative fuel school bus, the department shall
220220 provide that school district with the funding needed for the
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249249 bus and related charging infrastructure up to the amount it
250250 would otherwise provide for a diesel school bus replacement. "
251251 SECTION 2. [NEW MATERIAL] ELECTRIC SCHOOL BUS ALTERNATIVE
252252 USES--SUPERINTENDENT AGREEMENTS.--
253253 A. Electric school buses owned, leased or purchased
254254 by the state may, when not in use by the school district for
255255 the transportation of students, be used as electrical energy
256256 storage for:
257257 (1) providing grid services; or
258258 (2) use by schools to reduce daily electrical
259259 demand and for electric supply in an emergency, as determined
260260 and declared by the superintendent of the school district that
261261 owns, leases or purchased the electric school bus.
262262 B. Prior to an electric school bus or its battery
263263 being used pursuant to this section, the superintendent of the
264264 school district that owns, leases or purchased the electric
265265 school bus shall negotiate an agreement with a school, electric
266266 utility or cooperative service, in compliance with applicable
267267 code and safety requirements, for the use, compensation and
268268 testing of the bidirectional charging capability of the school
269269 bus or its battery.
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