New York Assembly Bill A07289 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 7289 2023-2024 Regular Sessions  IN ASSEMBLY May 17, 2023 ___________ Introduced by M. of A. BENEDETTO -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to amendments to trans- portation contracts for the purpose of zero-emission school bus compliance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph d of subdivision 14 of section 305 of the educa- 2 tion law, as added by chapter 552 of the laws of 1995, is amended to 3 read as follows: 4 d. Notwithstanding the provisions of paragraphs a, b and c of this 5 subdivision, the board of education or the trustee of a district and a 6 contractor providing pupil transportation services to such district may 7 amend a contract for pupil transportation services upon a finding that 8 such amendment is necessary to comply with any federal, state or local 9 law, rule or regulation imposed after the execution of such contract, or 10 to enhance the safety of pupil transportation, as determined by the 11 board or trustee subject to the approval of the commissioner pursuant to 12 regulations which shall require demonstrable enhancements in pupil safe- 13 ty and/or increased savings consistent with maintaining pupil safety. 14 Such amendment shall cause no additional cost to the state, locality or 15 school district unless such amendment is necessary to comply with the 16 statewide transition to zero-emission school buses pursuant to section 17 thirty-six hundred thirty-eight of this chapter and the amendment 18 results in a one-time contract modification that provides for a single 19 year increase less than two times the rate of change in the consumer 20 price index or the amendment results in a one-time contract modification 21 that receives prior approval of the commissioner and provides for a 22 single year increase less than three times the rate of change in the 23 consumer price index. The additional contract cost shall cover only 24 reasonable and necessary expenses for such transition. The commissioner EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11418-02-3 
 A. 7289 2 1 shall promulgate regulations regarding the criteria for approving such 2 contract. For purposes of this paragraph, consumer price index shall be 3 calculated pursuant to regulations of the commissioner. The commissioner 4 shall not approve such an amendment if the commissioner finds that it 5 circumvents the competitive bidding requirements contained in paragraph 6 a of this subdivision, or otherwise violates this section or any other 7 provision of law, or fails to increase or maintain the safety of pupil 8 transportation. 9 § 2. This act shall take effect July 1, 2023; provided, however, that 10 the amendments to paragraph d of subdivision 14 of section 305 of the 11 education law made by section one of this act shall not affect the expi- 12 ration and repeal of such paragraph and shall be deemed repealed there- 13 with. Effective immediately, the addition, amendment and/or repeal of 14 any rule or regulation necessary for the implementation of this act on 15 its effective date are authorized to be made and completed on or before 16 such effective date.