NY State Senate Bill 2023-S9941

Senate Bill S9941

2023-2024 Legislative Session

Ensures zero-emission school buses and major components thereof are manufactured and assembled within the United States and provides for waivers of zero-emission school bus requirements in certain circumstances

download bill text pdf

Current Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 25, 2024	referred to rules

2023-S9941 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §3638, Ed L

2023-S9941 (ACTIVE) - Summary

Ensures zero-emission school buses and major components thereof are manufactured and assembled within the United States; provides for waivers of zero-emission school bus requirements in certain circumstances.

2023-S9941 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9941

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the education law, in relation to ensuring zero-emission
school buses and major components thereof are manufactured and assembled
within the United States and providing for waivers of zero-emission
school bus requirements in certain circumstances

 
PURPOSE:

There are two purposes of this legislation. The first purpose is to
ensure that all electric school buses and the major components thereof
that are purchased by New York school districts are manufactured in the
United States. The second purpose is to make it clear that the require-
ment to purchase electric school buses can be waived in the event that
such purchases would result in unreasonable costs or would not otherwise
be in the public interest.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would (a) consolidate the electric school bus
phase-in requirements of section 3638 (2) and section and section 3638
(3) of the Education Law into a new section 3638(2) of the education
law, (b) remove the existing waiver provisions from section 3638 (2) of
the education law and create a new section 3638 (3) with the waiver
provisions, and (c) amend the waiver provisions to apply only to the
phase-in requirements and not to the buy-American requirements.

 
JUSTIFICATION:

The cost to New York school taxpayers of converting to all-electric
school buses is estimated to exceed $8.9 billion just for the school
buses, and several billion more for the required electrical upgrades.

Under a state-negotiated price schedule that school districts are
encouraged to use, electric school buses will cost taxpayers at least
$189,000 more per bus for the smallest bus and at least $255,000 more
per bus for larger buses compared to conventional buses, according to
the Empire Center.

Despite these tremendous costs, mandated electric school buses will not
have any measurable effect on global warming. According to the U.S.
Environmental Protection Agency, New York accounts for only about 0.44%
of global greenhouse emissions, which means that over 99.5% of green-
house emissions occur outside of New York State. The percentage of
greenhouse gas attributable to school buses is only a very small frac-
tion of those emissions. Thus, the mandated conversion to all-electric
school buses will have a miniscule impact on global warming.

In fact, the all-electric school bus mandate might actually increase
global greenhouse gas emissions for two reasons. First, many are as of
New York State rely on electricity produced using fossil-fuels, includ-
ing imported coal power. As a result, some of those school buses will
ultimately be powered by coal rather than high-efficient diesel engines,
a perverse environmental result. Even for those school buses charged
using electricity from cleaner natural gas plants, the transmission

losses substantially reduce the overall energy efficiency and can result
in more overall greenhouse gas emissions.

Second, the massive batteries needed by these school buses are typically
imported from China, which accounts for an estimated 27-29% of all
global greenhouse gas emissions. In addition, as reported by Carbon-
Brief, "China accounted for 95% of the world's new coal power
construction activity in 2023 according to the lasts annual report from
Global Energy Monitor." Furthermore, a significant quantity of cobalt
needed for these batteries is mined in the Congo using child labor in
horrific conditions.

It makes absolutely no environmental sense to require New York schools
to spend billions of dollars to support the economy of the world's worst
polluter, while violating every established social justice norm against
abusive child labor.

By mandating that the electric school buses and their components be
manufactured and assembled in United States, New York taxpayers will be
supporting the U.S. economy and promoting a much better environmental
outcome, especially since US manufactures face strict environmental
standards.

 
EFFECTIVE DATE:
This legislation would take effect immediately upon its adoption into
law.

2023-S9941 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9941
 
                             I N  S E N A T E
 
                             October 25, 2024
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to ensuring zero-emission
   school buses and major components thereof are manufactured and  assem-
   bled  within the United States and providing for waivers of zero-emis-
   sion school bus requirements in certain circumstances

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 2 and 3 of 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, are amended to read as follows:
   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 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

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

                                                            LBD16262-02-4
 S. 9941                             2

 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,  every  school
 district shall:
   [(a)] (I) only operate and maintain zero-emission school buses; and
   [(b)]  (II)  include requirements in any procurement for school trans-
 portation  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.
   3. (A) THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENER-
 GY  RESEARCH  AND  DEVELOPMENT AUTHORITY AND OFFICE OF GENERAL SERVICES,
 MAY WAIVE THE CONTRACTING REQUIREMENTS SET FORTH  IN  SUBPARAGRAPHS  (I)
 AND  (II)  OF PARAGRAPH (A) AND PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
 SECTION 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 BUSES 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 WRIT-
 ING, 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.
   (B) WHERE A WAIVER IS GRANTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION,
 THE SCHOOL DISTRICT ISSUED SUCH WAIVER SHALL INCLUDE REQUIREMENTS IN ANY
 PROCUREMENT FOR THE MANUFACTURING OR RETROFITTING OF A  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
 SCHOOL BUS AND CHARGING OR FUELING INFRASTRUCTURE  SHALL  OCCUR  IN  THE
 UNITED STATES, ITS TERRITORIES OR POSSESSIONS.
   § 2. This act shall take effect immediately.

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