S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7289
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to amendments  to  trans-
   portation  contracts  for  the  purpose  of  zero-emission  school bus
   compliance
 
   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 SCHOOL BUSES PURSUANT  TO  SECTION
 THIRTY-SIX  HUNDRED  THIRTY-EIGHT  OF  THIS  CHAPTER  AND  THE AMENDMENT
 RESULTS IN A ONE-TIME CONTRACT MODIFICATION THAT PROVIDES FOR  A  SINGLE
 YEAR  INCREASE  LESS  THAN  TWO TIMES THE RATE OF CHANGE IN THE CONSUMER
 PRICE INDEX OR THE AMENDMENT RESULTS IN A ONE-TIME CONTRACT MODIFICATION
 THAT RECEIVES PRIOR APPROVAL OF THE  COMMISSIONER  AND  PROVIDES  FOR  A
 SINGLE  YEAR  INCREASE  LESS  THAN THREE TIMES THE RATE OF CHANGE IN THE
 CONSUMER PRICE INDEX. THE ADDITIONAL  CONTRACT  COST  SHALL  COVER  ONLY
 REASONABLE  AND NECESSARY EXPENSES FOR SUCH TRANSITION. THE COMMISSIONER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11418-02-3
              

 A. 7289                             2
 
 SHALL PROMULGATE REGULATIONS REGARDING THE CRITERIA FOR  APPROVING  SUCH
 CONTRACT.  FOR PURPOSES OF THIS PARAGRAPH, CONSUMER PRICE INDEX SHALL BE
 CALCULATED PURSUANT TO REGULATIONS OF THE COMMISSIONER. 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.
   §  2. This act shall take effect July 1, 2023; provided, however, that
 the amendments to paragraph d of subdivision 14 of section  305  of  the
 education law made by section one of this act shall not affect the expi-
 ration  and repeal of such paragraph and shall be deemed repealed there-
 with. Effective immediately, the addition, amendment  and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such effective date.