Assembly Bill A7122A

2023-2024 Legislative Session

Relates to contract cost adjustments in the middle of contract terms for school districts transportation contracts

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A7122 - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

2023-A7122 - Summary

Provides that contract cost adjustments in the middle of contract terms for school districts transportation contracts shall be at no additional cost to the state, locality or school district unless such amendment is necessary to comply with the statewide transition to zero-emission buses and provided that it has been established by the contractor that there has been at least an equivalent increase in the amount of such contractor's cost of operation.

2023-A7122 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7122
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2023
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to contract cost  adjust-
   ments in the middle of contract terms for school districts transporta-
   tion contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph d of subdivision 14 of section 305 of the  educa-
 tion  law,  as  added  by chapter 552 of the laws of 1995, is amended to
 read as follows:
   d. Notwithstanding the provisions of paragraphs a, b  and  c  of  this
 subdivision,  the  board of education or the trustee of a district and a
 contractor providing pupil transportation services to such district  may
 amend  a  contract for pupil transportation services upon a finding that
 such amendment is necessary to comply with any federal, state  or  local
 law, rule or regulation imposed after the execution of such contract, or
 to  enhance  the  safety  of  pupil transportation, as determined by the
 board or trustee subject to the approval of the commissioner pursuant to
 regulations which shall require demonstrable enhancements in pupil safe-
 ty and/or increased savings consistent with  maintaining  pupil  safety.
 Such  amendment shall cause no additional cost to the state, locality or
 school district  UNLESS SUCH AMENDMENT IS NECESSARY TO COMPLY  WITH  ANY
 FEDERAL,  STATE  OR LOCAL LAW, RULE AND PROVIDED THAT IT HAS BEEN ESTAB-
 LISHED BY THE CONTRACTOR THAT THERE HAS  BEEN  AT  LEAST  AN  EQUIVALENT
 INCREASE  IN  THE  AMOUNT  OF  SUCH  CONTRACTOR'S COST OF OPERATION. The
 commissioner shall not approve such an  amendment  if  the  commissioner
 finds that it circumvents the competitive bidding requirements contained
 in  paragraph  a of this subdivision, or otherwise violates this section
 or any other provision of law, or fails  to  increase  or  maintain  the
 safety of pupil transportation.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11230-01-3
 A. 7122                             2

co-Sponsors

2023-A7122A (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

2023-A7122A (ACTIVE) - Summary

Provides that contract cost adjustments in the middle of contract terms for school districts transportation contracts shall be at no additional cost to the state, locality or school district unless such amendment is necessary to comply with the statewide transition to zero-emission buses and provided that it has been established by the contractor that there has been at least an equivalent increase in the amount of such contractor's cost of operation.

2023-A7122A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7122--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2023
                                ___________
 
 Introduced by M. of A. JEAN-PIERRE, MAGNARELLI -- read once and referred
   to  the  Committee  on  Education  --  recommitted to the Committee on
   Education in accordance with Assembly Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT to amend the education law, in relation to contract cost adjust-
   ments in the middle of contract terms for school districts transporta-
   tion contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph d of subdivision 14 of section 305 of the educa-
 tion law, as added by chapter 552 of the laws of  1995,  is  amended  to
 read as follows:
   d.  Notwithstanding  the  provisions  of paragraphs a, b and c of this
 subdivision, the board of education or the trustee of a district  and  a
 contractor  providing pupil transportation services to such district may
 amend a contract for pupil transportation services upon a  finding  that
 such  amendment  is necessary to comply with any federal, state or local
 law, rule or regulation imposed after the execution of such contract, or
 to enhance the safety of pupil  transportation,  as  determined  by  the
 board or trustee subject to the approval of the commissioner pursuant to
 regulations which shall require demonstrable enhancements in pupil safe-
 ty  and/or  increased  savings consistent with maintaining pupil safety.
 Such amendment shall cause no additional cost to the state, locality  or
 school  district   UNLESS SUCH AMENDMENT IS NECESSARY TO COMPLY WITH THE
 STATEWIDE TRANSITION TO ZERO-EMISSION BUSES PURSUANT TO SECTION  THIRTY-
 SIX  HUNDRED  THIRTY-EIGHT OF THIS CHAPTER AND PROVIDED THAT IT HAS BEEN
 ESTABLISHED BY THE CONTRACTOR THAT THERE HAS BEEN AT LEAST AN EQUIVALENT
 INCREASE IN THE AMOUNT OF  SUCH  CONTRACTOR'S  COST  OF  OPERATION.  The
 commissioner  shall  not  approve  such an amendment if the commissioner
 finds that it circumvents the competitive bidding requirements contained
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11230-02-3

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