"zero-emission]: 7 (a) "Zero-emission school bus" shall mean a school bus that: is 8 propelled by an electric motor and associated power electronics which 9 provide acceleration torque to the drive wheels during normal vehicle 10 operations and draws electricity from a hydrogen fuel cell or battery; 11 or otherwise operates without direct emission of atmospheric pollutants. 12 (b) "Opt-out waiver" shall mean a formal instrument prescribed by the 13 commissioner that a school district may submit once to the commissioner 14 to secure a permanent exemption from the requirements of this section. 15 2. (a) No later than July first, two thousand twenty-seven, unless an 16 opt-out waiver has been submitted, every school district shall: 17 (i) only purchase or lease zero-emission school buses when purchasing 18 or leasing new buses; 19 (ii) include requirements in any procurement for school transportation 20 services that any contractors providing transportation services for the 21 school district must only purchase or lease zero-emission school buses 22 when purchasing or leasing new school buses; and 23 (iii) include requirements in any procurement for the manufacturing or 24 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. LBD04567-01-5S. 3328 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, unless an opt- 29 out waiver has been submitted, every school district shall: 30 (a) only operate and maintain zero-emission school buses; and 31 (b) include requirements in any procurement for school transportation 32 services that any contractors providing transportation services for the 33 school district must only operate zero-emission school buses when 34 providing such transportation services to the school district. 35 4. A school district that has not submitted an opt-out waiver may 36 apply to the commissioner, and the department may grant a one-time 37 extension of up to twenty-four months to comply with the requirements of 38 subdivision two of this section. The commissioner shall consider a 39 school district's effort to meet the requirements of subdivision two of 40 this section when granting an extension, including but not limited to, 41 procurement efforts made by the school district, applications for state 42 or federal funds, changes needed to school district operations to meet 43 the requirements of this section, employee training, and receipt of 44 technical assistance, if any. Upon a school district receiving an exten- 45 sion, the New York state energy research and development authority, in 46 consultation with the department, shall provide any additional technical 47 assistance necessary to the district to meet the requirements of subdi- 48 vision two of this section. 49 5. (a) Nothing in this section shall alter the rights or benefits, and 50 privileges, including, but not limited to terms and conditions of 51 employment, civil service status, and collective bargaining unit member- 52 ship, of any current employees of school districts or any entity 53 contracted to provide pupil transportation services, or services attend- 54 ant thereto, including but not limited to drivers, attendants, dispatch- 55 ers, and mechanics.S. 3328 3 1 (b) Nothing in this section shall result in: (i) the discharge, 2 displacement, or loss of position, including partial displacement such 3 as a reduction in the hours of non-overtime work, wages, or employment 4 benefits; (ii) the impairment of existing collective bargaining agree- 5 ments; (iii) the transfer of existing duties and functions; or (iv) the 6 transfer of future duties and functions, of any currently employed work- 7 er impacted by the proposed purchase or lease who agrees to be 8 retrained. 9 (c) Prior to the beginning of the procurement process for new zero-em- 10 ission school buses, omnibuses, vehicles, charging infrastructure or 11 equipment, fueling infrastructure or equipment, or other equipment, the 12 school district, private school bus company, or other employer whose 13 workers provide pupil transportation services or services attendant 14 thereto, shall create and implement a workforce development report that: 15 (i) estimates the number of current positions that would be eliminated 16 or substantially changed as a result of the purchase or lease, and the 17 number of positions expected to be created at the school district, 18 private school bus company or other employer whose workers provide pupil 19 transportation services or services attendant thereto by the proposed 20 purchase or lease over the intended life of the proposed purchase or 21 lease; (ii) identifies gaps in skills of its current workforce that are 22 needed to operate and maintain zero-emission school buses, omnibuses, 23 vehicles, charging infrastructure or equipment, fueling infrastructure 24 or equipment, or other equipment; (iii) includes a comprehensive plan to 25 transition, train, or retrain employees that are impacted by the 26 proposed purchase or lease; and (iv) contains an estimated budget to 27 transition, train, or retrain employees that are impacted by the 28 proposed purchase or lease. 29 (d) Nothing in this section shall: (i) limit rights of employees 30 pursuant to a collective bargaining agreement, or (ii) alter the exist- 31 ing representational relationships among collective bargaining represen- 32 tatives or the bargaining relationships between the employer and any 33 collective bargaining representative. Employees of public entities serv- 34 ing in positions in newly created titles shall be assigned to the appro- 35 priate bargaining unit. 36 (e) Prior to beginning the procurement process for zero-emission 37 school buses, omnibuses, vehicles, charging infrastructure or equipment, 38 fueling infrastructure or equipment, or other equipment, any employer of 39 workers covered by this section shall inform its employees' collective 40 bargaining representative of any potential impact on its members or 41 unit, including positions that may be affected, altered, or eliminated 42 as a result of the purchase. 43 6. When purchasing zero-emission school buses and charging or fueling 44 infrastructure, school districts are encouraged to utilize the central- 45 ized contracts for zero emission school buses and charging or fueling 46 infrastructure established by the office of general services. 47 7. Beginning in the two thousand twenty-four--two thousand twenty-five 48 school year, unless an opt-out waiver has been submitted, every school 49 district shall annually submit to the commissioner a progress report on 50 the implementation of zero-emission school buses as required under this 51 section in a format prescribed by the commissioner and approved by the 52 director of the budget. The report shall include, but not be limited to, 53 (i) sufficiency of the school district's electric infrastructure to 54 support anticipated electrical needs, (ii) the availability and instal- 55 lation of charging or fueling stations and other components and capital 56 infrastructure required to support the transition to and full implemen-S. 3328 4 1 tation of zero-emission school buses, (iii) whether the workforce devel- 2 opment report pursuant to paragraph (c) of subdivision five of this 3 section has been created and implemented, (iv) the number and proportion 4 of zero-emission school buses the school district or any contractor 5 providing transportation services is utilizing in the current school 6 year, and (v) the number and proportion of zero-emission school buses 7 purchased or leased by the school district or any contractor providing 8 transportation services in the current school year and the total antic- 9 ipated number for the next two years. The progress report shall be due 10 on or before August first of each year. Beginning October first, two 11 thousand twenty-four, the commissioner shall annually submit a report to 12 the governor, the temporary president of the senate and the speaker of 13 the assembly on the progress of implementation of zero-emission school 14 buses as reported by the school districts. 15 § 2. This act shall take effect immediately; provided, however, that 16 the amendments to subdivision 7 of section 3638 of the education law 17 made by section one of this act shall not affect the repeal of such 18 subdivision and shall be deemed repealed therewith.