S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8447
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by  M. of A. PALMESANO, BARCLAY, ANGELINO, BEEPHAN, BENDETT,
   BLANKENBUSH, BRABENEC, E. BROWN, BYRNES, DeSTEFANO, DiPIETRO,  FRIEND,
   GALLAHAN, J. A. GIGLIO, J. M. GIGLIO, HAWLEY, JENSEN, LEMONDES, MAHER,
   MANKTELOW,  McDONOUGH,  MIKULIN, MILLER, SIMPSON, SLATER, SMITH, SMUL-
   LEN, TAGUE, WALSH -- read once and referred to the Committee on Educa-
   tion
 
 AN ACT to amend the education law and the  public  authorities  law,  in
   relation  to  the  availability  and  purchase of zero-emission school
   buses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3638 of the education law, as added by section 1 of
 subpart  A of part B of chapter 56 of the laws of 2022, subdivision 7 as
 added by section 19 of part A of chapter 56 of  the  laws  of  2023,  is
 amended to read as follows:
   §  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13222-03-3
              

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 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  territo-
 ries  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 commis-
 sioner  shall no longer be required to provide the annual determinations
 required by this paragraph.
   3.] No later than July first, two thousand  [thirty-five]  FORTY-FIVE,
 OR  UNTIL  ALL  STATE  AGENCIES HAVE TRANSITIONED ONE HUNDRED PERCENT OF
 THEIR MEDIUM- AND HEAVY-DUTY VEHICLE FLEETS TO  ZERO-EMISSION  VEHICLES,
 WHICHEVER  IS  LATER,  UNLESS A ZERO-EMISSION SCHOOL BUS IS NOT FEASIBLE
 FOR A PARTICULAR  APPLICATION  AS  DETERMINED  BY  THE  COMMISSIONER  IN
 CONSULTATION WITH THE NEW YORK STATE INDEPENDENT SYSTEM OPERATOR, UTILI-
 TIES, AND THE DEPARTMENT OF PUBLIC SERVICE, every school district shall:
   (a)  [only  operate and maintain zero-emission school buses; and] ONLY
 PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES WHEN PURCHASING OR  LEASING
 NEW BUSES;
   (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]  PURCHASE
 OR  LEASE  ZERO-EMISSION  SCHOOL  BUSES  WHEN  PURCHASING OR LEASING NEW
 SCHOOL BUSES; AND
   (C) 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 TERRITO-
 RIES  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.
   [4.  A  school district may apply to the commissioner, and the depart-
 ment may grant a one-time] 3. THE COMMISSIONER, IN CONSULTATION WITH THE
 SCHOOL DISTRICT BUSINESS OFFICIAL, SHALL COMPLETE A COST-BENEFIT  ANALY-
 SIS  FOR  EACH SCHOOL DISTRICT THAT CONSIDERS ONGOING COSTS NECESSARY TO
 COMPLY WITH SUBDIVISION TWO OF THIS SECTION, INCLUDING BUT  NOT  LIMITED
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 TO  UTILITY  INFRASTRUCTURE  UPGRADES,  THE  INSTALLATION OF CHARGING OR
 FUELING INFRASTRUCTURE, FACILITY RENOVATIONS  OR  UPGRADES,  PROCUREMENT
 COSTS RELATED TO THE PURCHASE OF A ZERO-EMISSION SCHOOL BUS, APPROPRIATE
 FIRE  SUPPRESSION SYSTEMS, AND ANY OTHER RELEVANT COSTS ESTIMATED BY THE
 SCHOOL DISTRICT  IN  THEIR  ANNUAL  ZERO-EMISSION  SCHOOL  BUS  PROGRESS
 REPORTS  AS REQUIRED BY SUBDIVISION SIX OF THIS SECTION. UPON COMPLETION
 OF SUCH ANALYSIS, IF IT IS DETERMINED THAT A  SCHOOL  DISTRICT  WILL  BE
 UNABLE  TO  COMPLY  WITH  THE IMPLEMENTATION OF ZERO-EMISSION SCHOOL BUS
 FLEETS REQUIRED BY SUBDIVISION TWO OF  THIS  SECTION,  THE  COMMISSIONER
 SHALL  GRANT AN 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 subdivi-
 sion  two  of this section when granting an extension, including but not
 limited to, procurement efforts made by the  school  district,  applica-
 tions  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  develop-
 ment  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.]  4.  (a)  Nothing in this section shall alter the rights or bene-
 fits, 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 attend-
 ant thereto, including but not limited to drivers, attendants, dispatch-
 ers, 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 agree-
 ments; (iii) the transfer of existing duties and functions; or (iv)  the
 transfer of future duties and functions, of any currently employed work-
 er  impacted  by  the  proposed  purchase  or  lease  who  agrees  to be
 retrained.
   (c) Prior to the beginning of the procurement process for new zero-em-
 ission 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.
 A. 8447                             4
 
   (d)  Nothing  in  this  section  shall:  (i) limit rights of employees
 pursuant to a collective bargaining agreement, or (ii) alter the  exist-
 ing representational relationships among collective bargaining represen-
 tatives  or  the  bargaining  relationships between the employer and any
 collective bargaining representative. Employees of public entities serv-
 ing in positions in newly created titles shall be assigned to the appro-
 priate 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.]  5.  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.] 6. Beginning in the two thousand twenty-four--two thousand  twen-
 ty-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]  FOUR  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 transporta-
 tion  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.
   §  2. Subdivision 23 of section 1854 of the public authorities law, as
 amended by section 19-a of part A of chapter 56 of the laws of 2023,  is
 amended to read as follows:
   23. No later than December thirty-first, two thousand twenty-five, and
 annually  thereafter,  the  authority shall issue a report on the avail-
 ability of zero-emission school buses and charging  or  fueling  infras-
 tructure  that  meet  the  criteria  established in [subdivision two of]
 section thirty-six  hundred  thirty-eight  of  the  education  law.  The
 authority  shall  provide technical assistance to school districts, upon
 request, in pursuing state and federal grants and other funding opportu-
 nities to support the purchase and contracting requirements set forth in
 [subdivision two of] section  thirty-six  hundred  thirty-eight  of  the
 education  law, AND SHALL CONSULT WITH THE OFFICE OF FIRE PREVENTION AND
 A. 8447                             5
 
 CONTROL IN DEVELOPING APPROPRIATE FIRE SUPPRESSION AND SAFETY PROCEDURES
 RELATED TO LITHIUM AND HYDROGEN-BASED FIRES.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 6 of section 3638  of  the  education  law
 made  by  section  one  of  this act shall not affect the repeal of such
 subdivision and shall be deemed repealed therewith.