N.Y. Education Law § 3638: Zero-emission school buses

§ 3638. Zero-emission school buses. 1. For the purposes of this

section "zero-emission school bus" shall mean a school bus that: is

propelled by an electric motor and associated power electronics which

provide acceleration torque to the drive wheels during normal vehicle

operations and draws electricity from a hydrogen fuel cell or battery;

or otherwise operates without direct emission of atmospheric pollutants.

2. (a) No later than July first, two thousand thirty-two, every school

district shall:

(i) only purchase or lease zero-emission school buses when purchasing

or leasing new buses;

(ii) include requirements in any procurement for school transportation

services that any contractors providing transportation services for the

school district must only purchase or lease zero-emission school buses

when purchasing or leasing new school buses; and

(iii) include requirements in any procurement for the manufacturing or

retrofitting of a zero-emission school bus and charging or fueling

infrastructure that the components and parts used or supplied in the

performance of the contract or any subcontract thereto shall be produced

or made in whole or substantial part in the United States, its

territories or possessions and that final assembly of the zero-emission

school bus and charging or fueling infrastructure shall occur in the

United States, its territories or possessions.

(b) The commissioner, in consultation with the New York state energy

research and development authority and office of general services, may

waive the contracting requirements set forth in subparagraph (iii) of

paragraph (a) of this subdivision if the commissioner determines that

the requirements would not be in the public interest, would result in

unreasonable costs, or that obtaining such zero-emission school buses

and charging or fueling infrastructure components and parts in the

United States would increase the cost of a school district's contract

for zero-emission school buses and charging or fueling infrastructure by

an unreasonable amount, or such zero-emission school busses and charging

or fueling infrastructure components and parts cannot be produced, made,

or assembled in the United States in sufficient and reasonably available

quantities or of satisfactory quality. Such determination must be made

on an annual basis no later than December thirty-first, after providing

notice and an opportunity for public comment, and be made publicly

available, in writing, on the department's website with a detailed

explanation of the findings leading to such determination. If the

commissioner has issued determinations for three consecutive years that

no such waiver is warranted pursuant to this paragraph, then the

commissioner shall no longer be required to provide the annual

determinations required by this paragraph.

3. No later than July first, two thousand forty, every school district

shall:

(a) only operate and maintain zero-emission school buses; and

(b) include requirements in any procurement for school transportation

services that any contractors providing transportation services for the

school district must only operate zero-emission school buses when

providing such transportation services to the school district.

4. (a) A school district may apply to the commissioner, and the

department may grant a maximum of two extensions of up to twenty-four

months each to comply with the requirements of subdivision two of this

section. The commissioner shall consider a school district's effort to

meet the requirements of subdivision two of this section and any other

factors outside of the control of the district when granting an

extension, including but not limited to, procurement efforts made by the

school district, applications for state or federal funds, changes needed

to school district operations to meet the requirements of this section,

employee training, receipt of technical assistance, market availability

of zero-emission school buses or supporting infrastructure, and

availability of state or federal funds. In order to receive a second

extension pursuant to this paragraph, a school district must have at

least engaged with the New York state energy research and development

authority in the initiation and development of a fleet electrification

plan.

The commissioner shall provide written notification to a school

district where such school district is granted an extension and shall

detail the grounds for granting such extension.

(b) The commissioner shall notify the New York state energy research

and development authority when the first extension is granted to a

school district pursuant to paragraph (a) of this subdivision. The New

York state energy research and development authority or its designee

shall meet with the school district at least annually during the

extension period to provide technical assistance to address the grounds

detailed in the extension.

(c) The New York state energy research and development authority shall

make a recommendation to the commissioner if they determine a school

district has the capacity to fulfill the requirements of subdivision two

of this section based on the fleet electrification technical assessment

and shall notify the education department and the school district of

such recommendation in writing. No school district may be granted an

extension pursuant to paragraph (a) of this subdivision where the New

York state energy research and development authority has notified the

commissioner of their recommendation that such school district has the

capacity to fulfill the requirements of subdivision two of this section.

(d) The commissioner shall publish on the department's website no

later than December thirty-first, two thousand twenty-five the

application school districts must use to apply for extensions pursuant

to paragraph (a) of this subdivision and the requirements school

districts must meet to qualify for such extensions.

5. (a) Nothing in this section shall alter the rights or benefits, and

privileges, including, but not limited to terms and conditions of

employment, civil service status, and collective bargaining unit

membership, of any current employees of school districts or any entity

contracted to provide pupil transportation services, or services

attendant thereto, including but not limited to drivers, attendants,

dispatchers, and mechanics.

(b) Nothing in this section shall result in: (i) the discharge,

displacement, or loss of position, including partial displacement such

as a reduction in the hours of non-overtime work, wages, or employment

benefits; (ii) the impairment of existing collective bargaining

agreements; (iii) the transfer of existing duties and functions; or (iv)

the transfer of future duties and functions, of any currently employed

worker impacted by the proposed purchase or lease who agrees to be

retrained.

(c) Prior to the beginning of the procurement process for new

zero-emission school buses, omnibuses, vehicles, charging infrastructure

or equipment, fueling infrastructure or equipment, or other equipment,

the school district, private school bus company, or other employer whose

workers provide pupil transportation services or services attendant

thereto, shall create and implement a workforce development report that:

(i) estimates the number of current positions that would be eliminated

or substantially changed as a result of the purchase or lease, and the

number of positions expected to be created at the school district,

private school bus company or other employer whose workers provide pupil

transportation services or services attendant thereto by the proposed

purchase or lease over the intended life of the proposed purchase or

lease; (ii) identifies gaps in skills of its current workforce that are

needed to operate and maintain zero-emission school buses, omnibuses,

vehicles, charging infrastructure or equipment, fueling infrastructure

or equipment, or other equipment; (iii) includes a comprehensive plan to

transition, train, or retrain employees that are impacted by the

proposed purchase or lease; and (iv) contains an estimated budget to

transition, train, or retrain employees that are impacted by the

proposed purchase or lease.

(d) Nothing in this section shall: (i) limit rights of employees

pursuant to a collective bargaining agreement, or (ii) alter the

existing representational relationships among collective bargaining

representatives or the bargaining relationships between the employer and

any collective bargaining representative. Employees of public entities

serving in positions in newly created titles shall be assigned to the

appropriate bargaining unit.

(e) Prior to beginning the procurement process for zero-emission

school buses, omnibuses, vehicles, charging infrastructure or equipment,

fueling infrastructure or equipment, or other equipment, any employer of

workers covered by this section shall inform its employees' collective

bargaining representative of any potential impact on its members or

unit, including positions that may be affected, altered, or eliminated

as a result of the purchase.

6. When purchasing zero-emission school buses and charging or fueling

infrastructure, school districts are encouraged to utilize the

centralized contracts for zero emission school buses and charging or

fueling infrastructure established by the office of general services.

* 7. Beginning in the two thousand twenty-four--two thousand

twenty-five school year, every school district shall annually submit to

the commissioner a progress report on the implementation of

zero-emission school buses as required under this section in a format

prescribed by the commissioner and approved by the director of the

budget. The report shall include, but not be limited to, (i) sufficiency

of the school district's electric infrastructure to support anticipated

electrical needs, (ii) the availability and installation of charging or

fueling stations and other components and capital infrastructure

required to support the transition to and full implementation of

zero-emission school buses, (iii) whether the workforce development

report pursuant to paragraph (c) of subdivision five of this section has

been created and implemented, (iv) the number and proportion of

zero-emission school buses the school district or any contractor

providing transportation services is utilizing in the current school

year, and (v) the number and proportion of zero-emission school buses

purchased or leased by the school district or any contractor providing

transportation services in the current school year and the total

anticipated number for the next two years. The progress report shall be

due on or before August first of each year. Beginning October first, two

thousand twenty-four, the commissioner shall annually submit a report to

the governor, the temporary president of the senate and the speaker of

the assembly on the progress of implementation of zero-emission school

buses as reported by the school districts.

* NB Repealed June 30, 2036