A. 6760--A 2
deemed feasible for service by zero-emission school buses, then the
district may maintain its existing fleet status quo until its next tran-
sition feasibility analysis. On the other hand, if a district's analy-
sis determines that more than 50% of the district's regular bus routes
are serviceable by zero-emission buses, then the district must comply
with the existing transition timeline for the percentage of regular
routes deemed feasible and may maintain the status quo for the
district's remaining non-feasible regular routes until the district
completes its next transition feasibility analysis. The outer deadline
for districts with substantial feasibility challenges to transition
their fleets will be 2040.
Despite the multi-faceted transition challenges faced by some
districts, e.g., average low temperatures, topography and route distance
vary widely across the state and substantially impact manufacturer's
specifications and ZEB reliability, voters tend to focus exclusively on
the variable of cost. Unfortunately, while there have been steady price
declines in consumer electric vehicles since the transition deadlines
were set in 2022, ZEBs still cost two to four times more than tradi-
tional internal combustion engine (ICE) buses, and the average cost of a
ZEB has increased by 8.7%. In addition, three years ago experts forecast
parity between the total cost of ownership for ZEBs and ICEs to occur by
2027, but now the forecast has extended to 2030 or beyond. Because the
high cost for adding transmission and charging infrastructure to accom-
modate ZEBs falls predominantly on individual school districts, public
support for the transition frequently wanes when voters must choose
between spending limited budget dollars on educational expenses or for
reducing local tailpipe emissions. There is no real debate for many
voters in such a scenario, particularly for rural school districts that
have low pupil populations and lots of fresh air, but few resources and
high educational needs.
To promote a more effective transition with a greater impact sooner,
the legislature finds that the state must initially concentrate the
funding allocated to the transition on school districts with more than
two thousand pupils. Within such group of school districts, the state
shall then assess which districts, based on their county's childhood
asthma ER visit rate, their transition feasibility analysis, SED's
need/resource capacity index rating and per pupil spending, shall be
prioritized to receive transportation and building aid relief for the
purchase of additional transmission capacity and/or ZEBs and the design
and construction of related infrastructure. Data indicates that, to
date, only thirty-one of New York state's seven hundred thirty-one
school districts have sought voter approval to purchase ZEBs. Voters in
eight of the thirty-one districts voted "no."
Upon review of all thirty-one school districts which voted, certain
patterns have emerged:
1. Districts with fewer than 2000 pupils voted "no" to ZEBs more
frequently. Of the eight school districts which voted "no" to ZEBs, six
have fewer than 2000 pupils and five of those six districts are rural
districts.
2. Rural districts with a "high" need/resource capacity index voted
"no" more frequently. Of the five rural school districts that voted
"no", SED categorizes four of those districts as "high" on its
need/resource capacity index, with the fifth district categorized as
"average".
3. DOH does not quantify childhood asthma ER visit rates as "high"
concern in the counties of most rural districts. Four of the five rural
A. 6760--A 3
school districts which voted "no" to ZEBs (with the exception of
Edwards-Knox Central School District in St. Lawrence County) are located
in counties of "low" concern for childhood asthma ER visit rates. (Per
DOH, St. Lawrence County is of "moderate" concern.) Of the six school
districts with less than 2000 pupils that voted "no", Mexico Central
School - located east of SUNY Oswego along Lake Ontario - was the only
suburban school district, however, it is located in a county with "low"
concern for childhood asthma ER visit rates.
Further patterns emerge when one contrasts the "no" votes with the
"yes" votes.
4. Districts with 2000 or more pupils voted "yes" to ZEBs more
frequently. Fourteen of the sixteen school districts with 2000 or more
pupils voted "yes" to ZEBs. In contrast, only nine of the fifteen school
districts with less than 2000 pupils voted "yes". When examining the two
districts with 2000 or more pupils which voted "no" - Churchville-Chili
Central School District, a suburban district southwest of the City of
Rochester, and Baldwinsville Central School District, a suburban
district northwest of the city of Syracuse - the votes initially appear
to be outliers, as each district has large pupil populations (of 3,688
and 5,444, respectively) and is located in a county with "moderate" to
"high" concern for childhood asthma ER visit rates. However, as noted
below, another characteristic of each of those two districts undoubtedly
plays a pivotal role in their voting results.
5. Districts with an "average" need/resource capacity index rating and
per pupil spending below $19,500 voted "no" to ZEBs. Each of the four-
teen districts with more than 2000 pupils which voted "yes" to ZEBs have
"low" or "average" need/resource capacity index ratings and spend more
than $19,500 per pupil. In contrast, the two large districts which voted
"no" - Churchville-Chili and Baldwinsville - each with "average"
need/resource capacity index ratings and high childhood asthma ER visit
rates, both spend less than $19,500 per pupil. Moreover, unlike small
districts which voted "yes" but which have "average" need/resource
capacity index ratings with per pupil spending exceeding $19,500, Bemus
Point central school district, a small district with an "average"
need/resource capacity index rating and less than $19,500 per pupil
spending, voted "no" to ZEBs.
While most school district administrators support the transition to
ZEBs, the practical mechanics of the transition are challenging and
costly. Administrators and voters alike feel the limitations of their
local school district budgets, and as demonstrated by ZEB votes across
the state, when put "between a rock and a hard place", voters will
consistently prioritize educational spending over transportation spend-
ing, even when the community's asthma health risks are high. Large
districts with low per pupil spending need financial assistance to help
them accomplish the transition. The state can achieve the largest
advances in public health in the shortest amount of time if it initially
prioritizes allocated funds to districts with 2000 or more pupils, no
more than an "average" need/resource capacity index rating, and per
pupil spending of less than $19,500. As a result of such policy priori-
ties, large districts with demonstrated feasibility challenges and small
districts with less than 2000 pupils will be given additional time to
complete their transitions in accordance with their current transition
feasibility analysis.
§ 2. Subdivision 1 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, is
amended to read as follows:
A. 6760--A 4
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, PROVIDED HOWEVER THAT, NOTWITHSTANDING THE FORE-
GOING, FOR THE PURPOSES OF THIS SECTION SUCH TERM SHALL INCLUDE A HYBRID
BATTERY ELECTRIC BUS WITH A SECOND SOURCE OF ENERGY FOR PROPULSION.
§ 3. Section 3638 of the education law is amended by adding two new
subdivisions 1-a and 1-b to read as follows:
1-A. THE DEPARTMENT SHALL REQUIRE EVERY SCHOOL DISTRICT TO COMPLETE A
TRANSITION FEASIBILITY ANALYSIS BEFORE THE END OF THE CURRENT SCHOOL
YEAR AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, AND EVERY FIVE YEARS
THEREAFTER, TO DETERMINE WHICH IF ANY REGULAR ROUTES CAN FEASIBLY BE
SERVICED BY ZERO-EMISSION SCHOOL BUSES, PROVIDED THAT EXISTING FEASIBIL-
ITY STUDIES COMPLETED WITHIN THE TWO YEARS PRECEDING THE ADOPTION OF
THIS SUBDIVISION SHALL MEET THE REQUIREMENTS OF THIS SUBDIVISION. THE
ANALYSIS SHALL ASSESS EACH DISTRICT'S TRANSPORTATION NEEDS, CURRENT BUS
ROUTES AND ALTERNATIVE ROUTES BASED ON DISTANCE, TOPOGRAPHY, BRIDGE AND
ROAD INFRASTRUCTURE, AVERAGE LOW TEMPERATURES, AND A MINIMUM END-OF-
ROUTE CHARGE REQUIREMENT OF NO LESS THAN TWENTY PERCENT, CONSIDER THE
SUFFICIENCY OF THE SCHOOL DISTRICT'S ELECTRIC TRANSMISSION CAPACITY AND
INFRASTRUCTURE AND ASSESS THE AVAILABILITY OF AND ACCESSIBILITY TO STATE
AND/OR FEDERAL FUNDING FOR THE PURCHASE OF ZERO-EMISSION SCHOOL BUSES
AND CONSTRUCTION OF ASSOCIATED INFRASTRUCTURE.
1-B. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SUBDIVISION AND
ANNUALLY THEREAFTER, THE DEPARTMENT, IN CONSULTATION WITH THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND DEPARTMENT OF
HEALTH, SHALL DEVELOP A LIST OF SCHOOL DISTRICTS WITH TWO THOUSAND OR
MORE PUPILS AND RANK THEIR NEED FOR TRANSPORTATION AND BUILDING AID FOR
THE PURCHASE OF ZERO-EMISSION BUSES AND TRANSMISSION CAPACITY AND THE
DESIGN AND CONSTRUCTION OF RELATED INFRASTRUCTURE BASED ON AN ASSESSMENT
OF EACH SUCH DISTRICT'S CURRENT TRANSITION FEASIBILITY ANALYSIS, AVERAGE
PER PUPIL SPENDING, THE MOST RECENT DEPARTMENT OF HEALTH DATA REGARDING
THE RATE OF EMERGENCY ROOM VISITS FOR ASTHMA PER TEN THOUSAND PERSONS
AGED ZERO TO SEVENTEEN IN THE COUNTY IN WHICH SUCH SCHOOL DISTRICT IS
LOCATED, AND THE NEEDS/RESOURCE CAPACITY GROUP TO WHICH THE COMMISSIONER
HAS ASSIGNED SUCH SCHOOL DISTRICT. TO MAXIMIZE THE EFFECTIVENESS OF THE
STATE'S LIMITED POOL OF AID FUNDING FOR THE TRANSITION TO ZERO-EMISSION
SCHOOL BUSES, THE COMMISSIONER SHALL PRIORITIZE THE AWARD OF SUCH ALLO-
CATED TRANSPORTATION AND BUILDING AID TO THE HIGH NEED SCHOOL DISTRICTS
WHOSE TRANSITION WILL LIKELY HAVE THE HIGHEST POSITIVE HEALTH IMPACT ON
THE HIGHEST NUMBER OF STUDENTS.
§ 4. Subdivision 2 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, is
amended to read as follows:
2. (a) [No later than July first, two thousand twenty-seven, every]
EVERY school district WITH TWO THOUSAND OR MORE PUPILS shall, BY NO
LATER THAN JULY FIRST, TWO THOUSAND TWENTY-SEVEN, ABIDE BY THE FINDINGS
OF THE DISTRICT'S CURRENT TRANSITION FEASIBILITY ANALYSIS, COMPLETED IN
ACCORDANCE WITH SUBDIVISION ONE-A OF THIS SECTION, AS SET FORTH IN THIS
SUBDIVISION. IF THE FINDINGS OF A SCHOOL DISTRICT'S TRANSITION FEASIBIL-
ITY ANALYSIS INDICATE THAT:
(i) [only purchase or lease zero-emission school buses when purchasing
or leasing new buses;
A. 6760--A 5
(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)] FIFTY PERCENT OR MORE OF ALL REGULAR ROUTES ARE NOT DEEMED
FEASIBLE FOR SERVICE BY ZERO-EMISSION SCHOOL BUSES, THEN THE SCHOOL
DISTRICT MAY CONTINUE TO OPERATE, MAINTAIN OR CONTRACT FOR NON-ZERO-EM-
ISSION SCHOOL BUSES AND RECEIVE TRANSPORTATION AID FOR NON-ZERO-EMISSION
SCHOOL BUSES PURCHASED OR LEASED TO MAKE REQUIRED TRANSPORTATION RUNS;
OR
(II) LESS THAN FIFTY PERCENT OF ALL REGULAR ROUTES ARE NOT DEEMED
FEASIBLE FOR SERVICE BY ZERO-EMISSION SCHOOL BUSES, THEN THE SCHOOL
DISTRICT (A) SHALL OPERATE, MAINTAIN OR CONTRACT FOR ZERO-EMISSION
SCHOOL BUSES AND RECEIVE TRANSPORTATION AID FOR ZERO-EMISSION SCHOOL
BUSES PURCHASED OR LEASED FOR SUCH REGULAR ROUTES AS ARE DEEMED FEASIBLY
SERVICEABLE BY A ZERO-EMISSION SCHOOL BUS OR FOR AN EQUIVALENT PERCENT-
AGE OF REGULAR ROUTES DEEMED FEASIBLE FOR SERVICE BY SUCH BUSES AND (B)
MAY OPERATE, MAINTAIN OR CONTRACT FOR NON-ZERO-EMISSION SCHOOL BUSES FOR
THE REMAINING REGULAR ROUTES AND RECEIVE TRANSPORTATION AID FOR NON-
ZERO-EMISSION SCHOOL BUSES PURCHASED OR LEASED TO MAKE REQUIRED TRANS-
PORTATION RUNS FOR SUCH REMAINING REGULAR ROUTES.
(A-1) WITH RESPECT TO ANY ZERO-EMISSION SCHOOL BUSES OPERATED OR MAIN-
TAINED BY A SCHOOL DISTRICT IN ACCORDANCE WITH THE FINDINGS OF THE
DISTRICT'S CURRENT TRANSITION FEASIBILITY ANALYSIS AS SET FORTH IN PARA-
GRAPH (A) OF THIS SUBDIVISION, SUCH SCHOOL DISTRICT SHALL 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 territories 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.
(A-2) EVERY SCHOOL DISTRICT WITH LESS THAN TWO THOUSAND PUPILS SHALL,
BY NO LATER THAN JULY FIRST, TWO THOUSAND THIRTY-SEVEN:
(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)] (A-1) 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
A. 6760--A 6
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.
(C) ANY SCHOOL DISTRICT WHICH ENCUMBERS FUNDS AND PLACES AN ORDER FOR
A ZERO-EMISSION SCHOOL BUS PRIOR TO JULY FIRST, TWO THOUSAND TWEN-
TY-SEVEN, BUT WHICH DOES NOT RECEIVE DELIVERY OF SUCH BUS BEFORE SUCH
DATE, SHALL BE DEEMED IN COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVI-
SION.
(D) FOR THE PURPOSE OF THIS SUBDIVISION, "REGULAR ROUTES" ARE DEFINED
AS DAILY RUNS TO AND FROM A STUDENT'S HOME, CHILD CARE OR BUS STOP TO
THE DISTRICT SCHOOL. ROUTES TO TRANSPORT STUDENTS OFF THE PRIMARY
SCHOOL CAMPUS FOR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES (BOCES)
PROGRAMS, SPECIAL EDUCATION PLACEMENTS AT A DISTANCE GREATER THAN THIRTY
MILES FROM THE DISTRICT SCHOOL AND TO TRANSPORT HOMELESS STUDENTS AND
STUDENTS TO AND FROM EXTRACURRICULAR ACTIVITIES SHALL BE DEEMED "NON
REGULAR" ROUTES AND EXEMPTED FROM ANY ZERO-EMISSION SCHOOL BUS REQUIRE-
MENT PURSUANT TO THIS CHAPTER.
§ 5. Subdivision 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, is
amended to read as follows:
3. [No later than July first, two thousand thirty-five, every] (A)
EVERY school district WITH TWO THOUSAND OR MORE PUPILS shall, BY NO
LATER THAN JULY FIRST, TWO THOUSAND THIRTY-FIVE:
[(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.
(B) EVERY SCHOOL DISTRICT WITH LESS THAN TWO THOUSAND PUPILS SHALL, BY
NO LATER THAN JULY FIRST, TWO THOUSAND FORTY:
(I) ONLY OPERATE AND MAINTAIN ZERO-EMISSION SCHOOL BUSES; AND
(II) 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.
§ 6. Subdivision 4 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, is
amended to read as follows:
4. A school district 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] THREE of this section. The
commissioner shall consider a school district's effort to meet the
requirements of subdivision [two] THREE of this section when granting an
extension, including but not limited to, procurement efforts made by the
A. 6760--A 7
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 extension, 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 subdivision [two] THREE of this
section.
§ 7. Subdivision 1 of section 3623-a of the education law is amended
by adding a new paragraph a-1 to read as follows:
A-1. ZERO-EMISSION BUS TRANSITION FEASIBILITY ANALYSIS, CONDUCTED
PURSUANT TO SUBDIVISION ONE-A OF SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT
OF THIS ARTICLE;
§ 8. Paragraph e of subdivision 1 of section 3623-a of the education
law is amended by adding two new subparagraphs 1-a and 7-a to read as
follows:
(1-A) SALARY FOR A ZERO-EMISSION TRANSPORTATION TRANSITION PLANNER;
(7-A) COSTS INCURRED TO TRANSPORT AN OUT-OF-SERVICE ZERO-EMISSION BUS
FOR STORAGE AND REPAIRS;
§ 9. Subdivision 3 of section 35 of part A of chapter 56 of the laws
of 2023 amending the education law relating to contracts for excellence,
is amended to read as follows:
3. Section nineteen of this act shall expire and be deemed repealed
June 30, [2036] 2041; and
§ 10. This act shall take effect immediately.