STATE OF NEW YORK ________________________________________________________________________ 8447 2023-2024 Regular Sessions IN ASSEMBLY December 29, 2023 ___________ Introduced by M. of A. PALMESANO, BARCLAY, ANGELINO, BEEPHAN, BENDETT, BLANKENBUSH, BRABENEC, E. BROWN, BYRNES, DeSTEFANO, DiPIETRO, FRIEND, GALLAHAN, J. A. GIGLIO, J. M. GIGLIO, HAWLEY, JENSEN, LEMONDES, MAHER, MANKTELOW, McDONOUGH, MIKULIN, MILLER, SIMPSON, SLATER, SMITH, SMUL- LEN, TAGUE, WALSH -- read once and referred to the Committee on Educa- tion 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13222-03-3
A. 8447 2 1 infrastructure that the components and parts used or supplied in the 2 performance of the contract or any subcontract thereto shall be produced 3 or made in whole or substantial part in the United States, its territo- 4 ries or possessions and that final assembly of the zero-emission school 5 bus and charging or fueling infrastructure shall occur in the United 6 States, its territories or possessions. 7 (b) The commissioner, in consultation with the New York state energy 8 research and development authority and office of general services, may 9 waive the contracting requirements set forth in subparagraph (iii) of 10 paragraph (a) of this subdivision if the commissioner determines that 11 the requirements would not be in the public interest, would result in 12 unreasonable costs, or that obtaining such zero-emission school buses 13 and charging or fueling infrastructure components and parts in the 14 United States would increase the cost of a school district's contract 15 for zero-emission school buses and charging or fueling infrastructure by 16 an unreasonable amount, or such zero-emission school busses and charging 17 or fueling infrastructure components and parts cannot be produced, made, 18 or assembled in the United States in sufficient and reasonably available 19 quantities or of satisfactory quality. Such determination must be made 20 on an annual basis no later than December thirty-first, after providing 21 notice and an opportunity for public comment, and be made publicly 22 available, in writing, on the department's website with a detailed 23 explanation of the findings leading to such determination. If the 24 commissioner has issued determinations for three consecutive years that 25 no such waiver is warranted pursuant to this paragraph, then the commis- 26 sioner shall no longer be required to provide the annual determinations 27 required by this paragraph. 28 3.] No later than July first, two thousand [thirty-five] forty-five, 29 or until all state agencies have transitioned one hundred percent of 30 their medium- and heavy-duty vehicle fleets to zero-emission vehicles, 31 whichever is later, unless a zero-emission school bus is not feasible 32 for a particular application as determined by the commissioner in 33 consultation with the New York state independent system operator, utili- 34 ties, and the department of public service, every school district shall: 35 (a) [only operate and maintain zero-emission school buses; and] only 36 purchase or lease zero-emission school buses when purchasing or leasing 37 new buses; 38 (b) include requirements in any procurement for school transportation 39 services that any contractors providing transportation services for the 40 school district must only [operate zero-emission school buses when 41 providing such transportation services to the school district] purchase 42 or lease zero-emission school buses when purchasing or leasing new 43 school buses; and 44 (c) include requirements in any procurement for the manufacturing or 45 retrofitting of a zero-emission school bus and charging or fueling 46 infrastructure that the components and parts used or supplied in the 47 performance of the contract or any subcontract thereto shall be produced 48 or made in whole or substantial part in the United States, its territo- 49 ries or possessions and that final assembly of the zero-emission school 50 bus and charging or fueling infrastructure shall occur in the United 51 States, its territories or possessions. 52 [4. A school district may apply to the commissioner, and the depart- 53 ment may grant a one-time] 3. The commissioner, in consultation with the 54 school district business official, shall complete a cost-benefit analy- 55 sis for each school district that considers ongoing costs necessary to 56 comply with subdivision two of this section, including but not limited
A. 8447 3 1 to utility infrastructure upgrades, the installation of charging or 2 fueling infrastructure, facility renovations or upgrades, procurement 3 costs related to the purchase of a zero-emission school bus, appropriate 4 fire suppression systems, and any other relevant costs estimated by the 5 school district in their annual zero-emission school bus progress 6 reports as required by subdivision six of this section. Upon completion 7 of such analysis, if it is determined that a school district will be 8 unable to comply with the implementation of zero-emission school bus 9 fleets required by subdivision two of this section, the commissioner 10 shall grant an extension of up to twenty-four months to comply with the 11 requirements of subdivision two of this section. The commissioner shall 12 consider a school district's effort to meet the requirements of subdivi- 13 sion two of this section when granting an extension, including but not 14 limited to, procurement efforts made by the school district, applica- 15 tions for state or federal funds, changes needed to school district 16 operations to meet the requirements of this section, employee training, 17 and receipt of technical assistance, if any. Upon a school district 18 receiving an extension, the New York state energy research and develop- 19 ment authority, in consultation with the department, shall provide any 20 additional technical assistance necessary to the district to meet the 21 requirements of subdivision two of this section. 22 [5.] 4. (a) Nothing in this section shall alter the rights or bene- 23 fits, and privileges, including, but not limited to terms and conditions 24 of employment, civil service status, and collective bargaining unit 25 membership, of any current employees of school districts or any entity 26 contracted to provide pupil transportation services, or services attend- 27 ant thereto, including but not limited to drivers, attendants, dispatch- 28 ers, and mechanics. 29 (b) Nothing in this section shall result in: (i) the discharge, 30 displacement, or loss of position, including partial displacement such 31 as a reduction in the hours of non-overtime work, wages, or employment 32 benefits; (ii) the impairment of existing collective bargaining agree- 33 ments; (iii) the transfer of existing duties and functions; or (iv) the 34 transfer of future duties and functions, of any currently employed work- 35 er impacted by the proposed purchase or lease who agrees to be 36 retrained. 37 (c) Prior to the beginning of the procurement process for new zero-em- 38 ission school buses, omnibuses, vehicles, charging infrastructure or 39 equipment, fueling infrastructure or equipment, or other equipment, the 40 school district, private school bus company, or other employer whose 41 workers provide pupil transportation services or services attendant 42 thereto, shall create and implement a workforce development report that: 43 (i) estimates the number of current positions that would be eliminated 44 or substantially changed as a result of the purchase or lease, and the 45 number of positions expected to be created at the school district, 46 private school bus company or other employer whose workers provide pupil 47 transportation services or services attendant thereto by the proposed 48 purchase or lease over the intended life of the proposed purchase or 49 lease; (ii) identifies gaps in skills of its current workforce that are 50 needed to operate and maintain zero-emission school buses, omnibuses, 51 vehicles, charging infrastructure or equipment, fueling infrastructure 52 or equipment, or other equipment; (iii) includes a comprehensive plan to 53 transition, train, or retrain employees that are impacted by the 54 proposed purchase or lease; and (iv) contains an estimated budget to 55 transition, train, or retrain employees that are impacted by the 56 proposed purchase or lease.
A. 8447 4 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. 8447 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.