S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9183
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in  relation  to  authorizing  school
   districts to opt-out of zero-emission school bus requirements
 
   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]:
   (A) "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.
   (B) "OPT-OUT WAIVER" SHALL MEAN A FORMAL INSTRUMENT PRESCRIBED BY  THE
 COMMISSIONER  THAT A SCHOOL DISTRICT MAY SUBMIT ONCE TO THE COMMISSIONER
 TO SECURE A PERMANENT EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION.
   2. (a) No later than July first, two thousand twenty-seven, UNLESS  AN
 OPT-OUT WAIVER HAS BEEN SUBMITTED, 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  territo-
 ries  or possessions and that final assembly of the zero-emission school
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14464-01-4
 A. 9183                             2
 
 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, UNLESS AN  OPT-
 OUT WAIVER HAS BEEN SUBMITTED, 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 THAT HAS NOT  SUBMITTED  AN  OPT-OUT  WAIVER  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 exten-
 sion, 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 subdi-
 vision 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 member-
 ship,  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
 A. 9183                             3
 
 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.
   (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.  When purchasing zero-emission school buses and charging or fueling
 infrastructure, school districts are encouraged to utilize the  central-
 ized  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, UNLESS AN OPT-OUT WAIVER HAS BEEN SUBMITTED,  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 instal-
 lation of charging or fueling stations and other components and  capital
 infrastructure  required to support the transition to and full implemen-
 tation of zero-emission school buses, (iii) whether the workforce devel-
 opment 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
 A. 9183                             4
 
 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 antic-
 ipated  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.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 7 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.