STATE OF NEW YORK ________________________________________________________________________ 6893--A 2025-2026 Regular Sessions IN SENATE March 26, 2025 ___________ Introduced by Sen. FAHY -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to transition feasibility analysis for zero-emission school buses; and to amend part A of chap- ter 56 of the laws of 2023 amending the education law relating to contracts for excellence, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature finds that feasibil- 2 ity issues related to the pace of technological advances, the capacity 3 of the state's power grid, and the impacts of weather and other route 4 conditions on zero-emission school buses (ZEBs) operated throughout the 5 state present significant challenges to school districts working to 6 transition their fleets in accordance with the department of education's 7 (SED) first transition deadline of July 1, 2027. For that reason, this 8 legislation addresses two separate concerns with current law. First, it 9 examines the feasibility of each district's transition process. Second, 10 for those districts deemed to have the most feasible paths to transi- 11 tion, the legislation directs SED, in conjunction with the New York 12 state energy research and development authority (NYSERDA) and the 13 department of health (DOH), to assess a defined group of district char- 14 acteristics to determine which districts shall receive prioritized 15 transportation and building aid for the purchase of additional trans- 16 mission capacity and/or ZEBs and the design and construction of related 17 infrastructure. 18 With respect to an individual district's ability to comply with the 19 existing mandate, the legislation directs SED to require all school 20 districts to complete a baseline transition feasibility analysis and to 21 repeat that process every five years. If a district's analysis deter- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09808-07-5
S. 6893--A 2 1 mines that more than 50% of the district's regular bus routes are not 2 deemed feasible for service by zero-emission school buses, then the 3 district may maintain its existing fleet status quo until its next tran- 4 sition feasibility analysis. On the other hand, if a district's analy- 5 sis determines that more than 50% of the district's regular bus routes 6 are serviceable by zero-emission buses, then the district must comply 7 with the existing transition timeline for the percentage of regular 8 routes deemed feasible and may maintain the status quo for the 9 district's remaining non-feasible regular routes until the district 10 completes its next transition feasibility analysis. The outer deadline 11 for districts with substantial feasibility challenges to transition 12 their fleets will be 2040. 13 Despite the multi-faceted transition challenges faced by some 14 districts, e.g., average low temperatures, topography and route distance 15 vary widely across the state and substantially impact manufacturer's 16 specifications and ZEB reliability, voters tend to focus exclusively on 17 the variable of cost. Unfortunately, while there have been steady price 18 declines in consumer electric vehicles since the transition deadlines 19 were set in 2022, ZEBs still cost two to four times more than tradi- 20 tional internal combustion engine (ICE) buses, and the average cost of a 21 ZEB has increased by 8.7%. In addition, three years ago experts forecast 22 parity between the total cost of ownership for ZEBs and ICEs to occur by 23 2027, but now the forecast has extended to 2030 or beyond. Because the 24 high cost for adding transmission and charging infrastructure to accom- 25 modate ZEBs falls predominantly on individual school districts, public 26 support for the transition frequently wanes when voters must choose 27 between spending limited budget dollars on educational expenses or for 28 reducing local tailpipe emissions. There is no real debate for many 29 voters in such a scenario, particularly for rural school districts that 30 have low pupil populations and lots of fresh air, but few resources and 31 high educational needs. 32 To promote a more effective transition with a greater impact sooner, 33 the legislature finds that the state must initially concentrate the 34 funding allocated to the transition on school districts with more than 35 two thousand pupils. Within such group of school districts, the state 36 shall then assess which districts, based on their county's childhood 37 asthma ER visit rate, their transition feasibility analysis, SED's 38 need/resource capacity index rating and per pupil spending, shall be 39 prioritized to receive transportation and building aid relief for the 40 purchase of additional transmission capacity and/or ZEBs and the design 41 and construction of related infrastructure. Data indicates that, to 42 date, only thirty-one of New York state's seven hundred thirty-one 43 school districts have sought voter approval to purchase ZEBs. Voters in 44 eight of the thirty-one districts voted "no." 45 Upon review of all thirty-one school districts which voted, certain 46 patterns have emerged: 47 1. Districts with fewer than 2000 pupils voted "no" to ZEBs more 48 frequently. Of the eight school districts which voted "no" to ZEBs, six 49 have fewer than 2000 pupils and five of those six districts are rural 50 districts. 51 2. Rural districts with a "high" need/resource capacity index voted 52 "no" more frequently. Of the five rural school districts that voted 53 "no", SED categorizes four of those districts as "high" on its 54 need/resource capacity index, with the fifth district categorized as 55 "average".
S. 6893--A 3 1 3. DOH does not quantify childhood asthma ER visit rates as "high" 2 concern in the counties of most rural districts. Four of the five rural 3 school districts which voted "no" to ZEBs (with the exception of 4 Edwards-Knox Central School District in St. Lawrence County) are located 5 in counties of "low" concern for childhood asthma ER visit rates. (Per 6 DOH, St. Lawrence County is of "moderate" concern.) Of the six school 7 districts with less than 2000 pupils that voted "no", Mexico Central 8 School - located east of SUNY Oswego along Lake Ontario - was the only 9 suburban school district, however, it is located in a county with "low" 10 concern for childhood asthma ER visit rates. 11 Further patterns emerge when one contrasts the "no" votes with the 12 "yes" votes. 13 4. Districts with 2000 or more pupils voted "yes" to ZEBs more 14 frequently. Fourteen of the sixteen school districts with 2000 or more 15 pupils voted "yes" to ZEBs. In contrast, only nine of the fifteen school 16 districts with less than 2000 pupils voted "yes". When examining the two 17 districts with 2000 or more pupils which voted "no" - Churchville-Chili 18 Central School District, a suburban district southwest of the City of 19 Rochester, and Baldwinsville Central School District, a suburban 20 district northwest of the city of Syracuse - the votes initially appear 21 to be outliers, as each district has large pupil populations (of 3,688 22 and 5,444, respectively) and is located in a county with "moderate" to 23 "high" concern for childhood asthma ER visit rates. However, as noted 24 below, another characteristic of each of those two districts undoubtedly 25 plays a pivotal role in their voting results. 26 5. Districts with an "average" need/resource capacity index rating and 27 per pupil spending below $19,500 voted "no" to ZEBs. Each of the four- 28 teen districts with more than 2000 pupils which voted "yes" to ZEBs have 29 "low" or "average" need/resource capacity index ratings and spend more 30 than $19,500 per pupil. In contrast, the two large districts which voted 31 "no" - Churchville-Chili and Baldwinsville - each with "average" 32 need/resource capacity index ratings and high childhood asthma ER visit 33 rates, both spend less than $19,500 per pupil. Moreover, unlike small 34 districts which voted "yes" but which have "average" need/resource 35 capacity index ratings with per pupil spending exceeding $19,500, Bemus 36 Point central school district, a small district with an "average" 37 need/resource capacity index rating and less than $19,500 per pupil 38 spending, voted "no" to ZEBs. 39 While most school district administrators support the transition to 40 ZEBs, the practical mechanics of the transition are challenging and 41 costly. Administrators and voters alike feel the limitations of their 42 local school district budgets, and as demonstrated by ZEB votes across 43 the state, when put "between a rock and a hard place", voters will 44 consistently prioritize educational spending over transportation spend- 45 ing, even when the community's asthma health risks are high. Large 46 districts with low per pupil spending need financial assistance to help 47 them accomplish the transition. The state can achieve the largest 48 advances in public health in the shortest amount of time if it initially 49 prioritizes allocated funds to districts with 2000 or more pupils, no 50 more than an "average" need/resource capacity index rating, and per 51 pupil spending of less than $19,500. As a result of such policy priori- 52 ties, large districts with demonstrated feasibility challenges and small 53 districts with less than 2000 pupils will be given additional time to 54 complete their transitions in accordance with their current transition 55 feasibility analysis.
S. 6893--A 4 1 § 2. Subdivision 1 of section 3638 of the education law, as added by 2 section 1 of subpart A of part B of chapter 56 of the laws of 2022, is 3 amended to read as follows: 4 1. For the purposes of this section "zero-emission school bus" shall 5 mean a school bus that: is propelled by an electric motor and associated 6 power electronics which provide acceleration torque to the drive wheels 7 during normal vehicle operations and draws electricity from a hydrogen 8 fuel cell or battery; or otherwise operates without direct emission of 9 atmospheric pollutants, provided however that, notwithstanding the fore- 10 going, for the purposes of this section such term shall include a hybrid 11 battery electric bus with a second source of energy for propulsion. 12 § 3. Section 3638 of the education law is amended by adding two new 13 subdivisions 1-a and 1-b to read as follows: 14 1-a. The department shall require every school district to complete a 15 transition feasibility analysis before the end of the current school 16 year as of the effective date of this subdivision, and every five years 17 thereafter, to determine which if any regular routes can feasibly be 18 serviced by zero-emission school buses, provided that existing feasibil- 19 ity studies completed within the two years preceding the adoption of 20 this subdivision shall meet the requirements of this subdivision. The 21 analysis shall assess each district's transportation needs, current bus 22 routes and alternative routes based on distance, topography, bridge and 23 road infrastructure, average low temperatures, and a minimum end-of- 24 route charge requirement of no less than twenty percent, consider the 25 sufficiency of the school district's electric transmission capacity and 26 infrastructure and assess the availability of and accessibility to state 27 and/or federal funding for the purchase of zero-emission school buses 28 and construction of associated infrastructure. 29 1-b. Within six months of the effective date of this subdivision and 30 annually thereafter, the department, in consultation with the New York 31 state energy research and development authority and department of 32 health, shall develop a list of school districts with two thousand or 33 more pupils and rank their need for transportation and building aid for 34 the purchase of zero-emission buses and transmission capacity and the 35 design and construction of related infrastructure based on an assessment 36 of each such district's current transition feasibility analysis, average 37 per pupil spending, the most recent department of health data regarding 38 the rate of emergency room visits for asthma per ten thousand persons 39 aged zero to seventeen in the county in which such school district is 40 located, and the needs/resource capacity group to which the commissioner 41 has assigned such school district. To maximize the effectiveness of the 42 state's limited pool of aid funding for the transition to zero-emission 43 school buses, the commissioner shall prioritize the award of such allo- 44 cated transportation and building aid to the high need school districts 45 whose transition will likely have the highest positive health impact on 46 the highest number of students. 47 § 4. Subdivision 2 of section 3638 of the education law, as added by 48 section 1 of subpart A of part B of chapter 56 of the laws of 2022, is 49 amended to read as follows: 50 2. (a) [No later than July first, two thousand twenty-seven, every] 51 Every school district with two thousand or more pupils shall, by no 52 later than July first, two thousand twenty-seven, abide by the findings 53 of the district's current transition feasibility analysis, completed in 54 accordance with subdivision one-a of this section, as set forth in this 55 subdivision. If the findings of a school district's transition feasibil- 56 ity analysis indicate that:
S. 6893--A 5 1 (i) [only purchase or lease zero-emission school buses when purchasing 2 or leasing new buses; 3 (ii) include requirements in any procurement for school transportation 4 services that any contractors providing transportation services for the 5 school district must only purchase or lease zero-emission school buses 6 when purchasing or leasing new school buses; and 7 (iii)] fifty percent or more of all regular routes are not deemed 8 feasible for service by zero-emission school buses, then the school 9 district may continue to operate, maintain or contract for non-zero-em- 10 ission school buses and receive transportation aid for non-zero-emission 11 school buses purchased or leased to make required transportation runs; 12 or 13 (ii) less than fifty percent of all regular routes are not deemed 14 feasible for service by zero-emission school buses, then the school 15 district (A) shall operate, maintain or contract for zero-emission 16 school buses and receive transportation aid for zero-emission school 17 buses purchased or leased for such regular routes as are deemed feasibly 18 serviceable by a zero-emission school bus or for an equivalent percent- 19 age of regular routes deemed feasible for service by such buses and (B) 20 may operate, maintain or contract for non-zero-emission school buses for 21 the remaining regular routes and receive transportation aid for non- 22 zero-emission school buses purchased or leased to make required trans- 23 portation runs for such remaining regular routes. 24 (a-1) With respect to any zero-emission school buses operated or main- 25 tained by a school district in accordance with the findings of the 26 district's current transition feasibility analysis as set forth in para- 27 graph (a) of this subdivision, such school district shall include 28 requirements in any procurement for the manufacturing or retrofitting of 29 a zero-emission school bus and charging or fueling infrastructure that 30 the components and parts used or supplied in the performance of the 31 contract or any subcontract thereto shall be produced or made in whole 32 or substantial part in the United States, its territories or possessions 33 and that final assembly of the zero-emission school bus and charging or 34 fueling infrastructure shall occur in the United States, its territories 35 or possessions. 36 (a-2) Every school district with less than two thousand pupils shall, 37 by no later than July first, two thousand thirty-seven: 38 (i) only purchase or lease zero-emission school buses when purchasing 39 or leasing new buses; 40 (ii) include requirements in any procurement for school transportation 41 services that any contractors providing transportation services for the 42 school district must only purchase or lease zero-emission school buses 43 when purchasing or leasing new school buses; and 44 (iii) 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 (b) The commissioner, in consultation with the New York state energy 53 research and development authority and office of general services, may 54 waive the contracting requirements set forth in [subparagraph (iii) of] 55 paragraph [(a)] (a-1) of this subdivision if the commissioner determines 56 that the requirements would not be in the public interest, would result
S. 6893--A 6 1 in unreasonable costs, or that obtaining such zero-emission school buses 2 and charging or fueling infrastructure components and parts in the 3 United States would increase the cost of a school district's contract 4 for zero-emission school buses and charging or fueling infrastructure by 5 an unreasonable amount, or such zero-emission school busses and charging 6 or fueling infrastructure components and parts cannot be produced, made, 7 or assembled in the United States in sufficient and reasonably available 8 quantities or of satisfactory quality. Such determination must be made 9 on an annual basis no later than December thirty-first, after providing 10 notice and an opportunity for public comment, and be made publicly 11 available, in writing, on the department's website with a detailed 12 explanation of the findings leading to such determination. If the 13 commissioner has issued determinations for three consecutive years that 14 no such waiver is warranted pursuant to this paragraph, then the commis- 15 sioner shall no longer be required to provide the annual determinations 16 required by this paragraph. 17 (c) Any school district which encumbers funds and places an order for 18 a zero-emission school bus prior to July first, two thousand twen- 19 ty-seven, but which does not receive delivery of such bus before such 20 date, shall be deemed in compliance with the provisions of this subdivi- 21 sion. 22 (d) For the purpose of this subdivision, "regular routes" are defined 23 as daily runs to and from a student's home, child care or bus stop to 24 the district school. Routes to transport students off the primary 25 school campus for boards of cooperative educational services (BOCES) 26 programs, special education placements at a distance greater than thirty 27 miles from the district school and to transport homeless students and 28 students to and from extracurricular activities shall be deemed "non 29 regular" routes and exempted from any zero-emission school bus require- 30 ment pursuant to this chapter. 31 § 5. Subdivision 3 of section 3638 of the education law, as added by 32 section 1 of subpart A of part B of chapter 56 of the laws of 2022, is 33 amended to read as follows: 34 3. [No later than July first, two thousand thirty-five, every] (a) 35 Every school district with two thousand or more pupils shall, by no 36 later than July first, two thousand thirty-five: 37 [(a)] (i) only operate and maintain zero-emission school buses; and 38 [(b)] (ii) include requirements in any procurement for school trans- 39 portation services that any contractors providing transportation 40 services for the school district must only operate zero-emission school 41 buses when providing such transportation services to the school 42 district. 43 (b) Every school district with less than two thousand pupils shall, by 44 no later than July first, two thousand forty: 45 (i) only operate and maintain zero-emission school buses; and 46 (ii) include requirements in any procurement for school transportation 47 services that any contractors providing transportation services for the 48 school district must only operate zero-emission school buses when 49 providing such transportation services to the school district. 50 § 6. Subdivision 4 of section 3638 of the education law, as added by 51 section 1 of subpart A of part B of chapter 56 of the laws of 2022, is 52 amended to read as follows: 53 4. A school district may apply to the commissioner, and the department 54 may grant a one-time extension of up to twenty-four months to comply 55 with the requirements of subdivision [two] three of this section. The 56 commissioner shall consider a school district's effort to meet the
S. 6893--A 7 1 requirements of subdivision [two] three of this section when granting an 2 extension, including but not limited to, procurement efforts made by the 3 school district, applications for state or federal funds, changes needed 4 to school district operations to meet the requirements of this section, 5 employee training, and receipt of technical assistance, if any. Upon a 6 school district receiving an extension, the New York state energy 7 research and development authority, in consultation with the department, 8 shall provide any additional technical assistance necessary to the 9 district to meet the requirements of subdivision [two] three of this 10 section. 11 § 7. Subdivision 1 of section 3623-a of the education law is amended 12 by adding a new paragraph a-1 to read as follows: 13 a-1. Zero-emission bus transition feasibility analysis, conducted 14 pursuant to subdivision one-a of section thirty-six hundred thirty-eight 15 of this article; 16 § 8. Paragraph e of subdivision 1 of section 3623-a of the education 17 law is amended by adding two new subparagraphs 1-a and 7-a to read as 18 follows: 19 (1-a) salary for a zero-emission transportation transition planner; 20 (7-a) costs incurred to transport an out-of-service zero-emission bus 21 for storage and repairs; 22 § 9. Subdivision 3 of section 35 of part A of chapter 56 of the laws 23 of 2023 amending the education law relating to contracts for excellence, 24 is amended to read as follows: 25 3. Section nineteen of this act shall expire and be deemed repealed 26 June 30, [2036] 2041; and 27 § 10. This act shall take effect immediately.