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HOUSE BILL 32
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Debra M. Sariñana
AN ACT
RELATING TO SCHOOLS; PROVIDING SCHOOL DISTRICTS THE OPTION TO
REPLACE SCHOOL BUSES WITH ELECTRIC OR ZERO EMISSION ALTERNATIVE
FUEL SCHOOL BUSES; ALLOWING SCHOOL DISTRICTS TO ENTER INTO
AGREEMENTS FOR THE USE OF THEIR ELECTRIC SCHOOL BUSES AS
ELECTRICAL ENERGY STORAGE FOR PROVIDING GRID SERVICES OR FOR
USE BY SCHOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-8-27 NMSA 1978 (being Laws 1967,
Chapter 16, Section 77, as amended) is amended to read:
"22-8-27. TRANSPORTATION EQUIPMENT.--
A. The department shall establish a systematic
program for the purchase of necessary school bus transportation
equipment.
B. In establishing a system for the replacement of
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school-district-owned buses, the department shall provide for
the replacement of school buses on a twelve-year cycle. The
department shall provide school districts the option to replace
a school bus with an electric or a zero emission alternative
fuel school bus. School districts requiring additional buses
to accommodate growth in the school district or to meet other
special needs may petition the department for additional buses.
Under exceptional circumstances, school districts may also
petition the department for permission to replace buses prior
to the completion of a twelve-year cycle or to use buses in
excess of twelve years contingent upon satisfactory annual
safety inspections.
C. In establishing a system for the use of
contractor-owned buses by school districts or state-chartered
charter schools, the department shall establish a schedule for
the payment of rental fees for the use of contractor-owned
buses. The department shall establish procedures to ensure the
systematic replacement of buses on a twelve-year replacement
cycle. School districts requiring additional buses to
accommodate growth in the school district or to meet other
special needs may petition the department for additional buses.
Under exceptional circumstances, school districts may also
petition the department for permission to replace buses prior
to the completion of a twelve-year cycle or to use buses in
excess of twelve years contingent upon satisfactory annual
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safety inspections.
D. The school district shall file a lien on every
contractor-owned school bus under the contract, which lien
shall have priority second only to a lien securing a purchase-
money obligation. The school district shall perfect its lien
on each contractor-owned school bus by filing the lien with the
motor vehicle division of the taxation and revenue department.
The lien shall be recorded on the title of the school bus. A
school bus contractor shall not refinance or use a school bus
on which a school district has a lien as collateral for any
other loan without prior written permission of the department.
A school bus lien shall be collected and enforced as provided
in Chapter 55, Article 9 NMSA 1978. The school district shall
release its lien on a school bus:
(1) when the department authorizes a
replacement of the school bus; or
(2) when the contractor has reimbursed the
school district the amount calculated pursuant to Subsection E
of this section if the school bus service contract is
terminated or not renewed and the contractor owes the school
district as provided in that subsection.
E. No school district shall pay rental fees for any
one bus for a period in excess of five years. In the event a
school bus service contract is terminated or not renewed by
either party, the department shall calculate the remaining
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number of years that a bus could be used based on a twelve-year
replacement cycle and calculate a value reflecting that use.
The school district shall deduct an amount equal to that value
from any remaining amount due on the contract, or if no balance
remains on the contract, the contractor shall reimburse the
school district an amount equal to the value calculated.
F. If the school district fails to take action to
collect money owed to it when a school bus contract is
terminated or not renewed, the department may deduct the amount
from the school district's transportation distribution.
G. If a school district chooses to replace a school
bus with an electric or a zero emission alternative fuel school
bus and the school district:
(1) has not obtained grants or other non-state
funding for at least one-half of the cost of the electric or
zero emission alternative fuel school bus, the department shall
provide that school district with no less funding per bus than
it would provide for a diesel school bus replacement. The
district shall use these funds for an electric or a zero
emission alternative fuel school bus and related charging
infrastructure; or
(2) has received grants or other non-state
funding for at least one-half of the cost of the electric or
zero emission alternative fuel school bus, the department shall
provide that school district with the funding needed for the
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bus and related charging infrastructure up to the amount it
would otherwise provide for a diesel school bus replacement. "
SECTION 2. [NEW MATERIAL] ELECTRIC SCHOOL BUS ALTERNATIVE
USES--SUPERINTENDENT AGREEMENTS.--
A. Electric school buses owned, leased or purchased
by the state may, when not in use by the school district for
the transportation of students, be used as electrical energy
storage for:
(1) providing grid services; or
(2) use by schools to reduce daily electrical
demand and for electric supply in an emergency, as determined
and declared by the superintendent of the school district that
owns, leases or purchased the electric school bus.
B. Prior to an electric school bus or its battery
being used pursuant to this section, the superintendent of the
school district that owns, leases or purchased the electric
school bus shall negotiate an agreement with a school, electric
utility or cooperative service, in compliance with applicable
code and safety requirements, for the use, compensation and
testing of the bidirectional charging capability of the school
bus or its battery.
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