2023 New York Laws › EDN - Education › Title 5 - Taxation and Financial Administration › Article 73 - Apportionment of Public Moneys › Part 3 - Transportation Services › 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  twenty-seven,  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 thirty-five, 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 school district may apply to the commissioner, and the department
may  grant  a  one-time  extension of up to twenty-four months 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  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, and receipt of technical assistance, if any.  Upon  a
school  district  receiving  an  extension,  the  New  York state energy
research and development authority, in consultation with the department,
shall  provide  any  additional  technical  assistance  necessary to the
district to meet the requirements of subdivision two of this section.
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