NY State Senate Bill 2025-S4748

Current Bill Status - In Senate Committee Education 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
Feb 12, 2025	referred to education

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2025-S4748 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Rpld §3638, §3623-a sub 2 ¶f, amd §§3602, 3623-a, 1604 & 1709, Ed L; rpld §11.00 ¶a sub 29, amd §11.00, Loc Fin L; rpld §1854 subs 22 & 23, §1884, Pub Auth L; rpld §58-0703 sub 1 ¶h, amd §58-0701, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S8467

2025-S4748 (ACTIVE) - Summary

Eliminates the zero-emission school bus mandate; authorizes the New York state energy research and development authority conduct a study to determine the feasibility of converting school buses to zero-emission vehicles.

2025-S4748 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4748

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the education law, the local finance law and the envi-
ronmental conservation law, in relation to removing references related
to the electric school bus mandate; to repeal certain provisions of the
education law, the local finance law, the public authorities law and the
environmental conservation law relating to electric buses; and authoriz-
ing a study by the New York state energy research and development
authority to determine the feasibility of converting school buses to
zero-emission vehicles

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would repeal section 3638 of the education law which concerns
the electric school bus mandate, and all references to the mandate for
electric school buses in law, and direct NYSERDA to conduct a study and
make recommendations on the feasibility of converting school bus fleets
in the state of New York to zero-emission vehicles.

SUMMARY OF PROVISIONS:

Section 1 REPEALS section 3638 of the education law.

Section 2 REPEALS paragraph f of subdivision 7 of section 3623-a of the
education law.

Section 3 amends paragraph e of subdivision 7 of section 3602 of the
education law removes the period of 12 years for the assumed amorti-
zation for zero-emission buses for the 2022-2023 school year and there-
after, removes charging stations and hydrogen fueling stations from the
list of the purchase contracts or leases school districts enter for
transportation.

Section 4 amends subparagraph 7 of paragraph e of subdivision 1 of
section 3623-a of the education law by removing the section of law that
states fuel shall include electricity used to charge or hydrogen used to
refuel zero-emission school buses for the aid able transportation of
pupils.

Section 5 REPEALS subdivision 29 of paragraph a of section 11.00 of the
local finance law.

Section 6 amends subdivision 21-a of section 1604 of the education law
by removing the twelve-year lease for zero-emission school buses.

Section 7 amends paragraph i of subdivision 25 of section 1709 of the
education law by removing the twelve-year lease for zero-emission school
buses.

Section 8 amends subdivision 29-a of paragraph a of section 11.00 of the
local finance law by removing the purchase of zero-emission school buses
owned by a school district, city school district, or board of cooper-
ative education services.

Section 9 REPEALS subdivisions 22 and 23 of section 1854 of the public
authorities law.
Section 10 REPEALS section 1884 of the public authorities law.

Section 11 amends the opening paragraph of section 58-0701 of the envi-
ronmental conservation law by removing five hundred million dollars for
costs associated with the purchase of or conversion to zero emission
school buses and supporting infrastructure.

Section 12 REPEALS paragraph h if subdivision 1 of section 58-0703 of
the environmental conservation law.

Section 13 adds that The New York state energy research and development
authority (NYSERDA) is herby directed to study and make recommendations
on the feasibility of converting school buses in the state of New York
to zero-emission vehicles. Such study shall include, but not be limited
to:

(a) Analysis of the feasibility of conversion in rural, suburban, or
urban school districts.

(b) The costs of supporting the necessary infrastructure for zero-emis-
sion school buses.

(c) The costs of upgrading or replacing conventional school buses with
zero-emission school buses.

Within one year after the effective date of this act, NYSERDA shall
submit a report of the findings and recommendations to the governor, the
temporary president of the senate, the minority leader of the senate,
the speaker of the assembly, the minority leader of the assembly, and
the chairs and ranking members of the senate and assembly committees on
health and shall post such report on NYSERDA's website.

Section 14 provides that the act shall take effective immediately.

 
JUSTIFICATION:

The electric bus mandates were passed in the 2022-23 state budget to
help the state meet the lower emissions targets of the Climate Leader-
ship and Community Protection Act (CLCPA). The requirements are that new
school bus purchases be zero emission by 2027 and all school buses in
operation be zero emission by 2035.  This legislation will lift the
electric school bus mandate to facilitate a thorough study without imme-
diate policy implications.  The study will equip policymakers with reli-
able data to make informed decisions on the viability of electric school
buses and will help change current and future policies to better assist
in the integration of electric school buses in our various regions in
New York State.

Such study done by NYSERDA will include an analysis of the feasibility
of conversion in rural, suburban, and urban school districts, the costs
of supporting the necessary infrastructure for zero-emission school
buses, and the costs of upgrading or replacing conventional school buses
with zero-emission school buses. It's time that Albany realizes how
unrealistic, costly, and unsafe this mandate is.  A new, full-size elec-
tric bus costs $400,000 - $450,000 - triple the price of a conventional
bus which is approximately $145,000. With 45,000 school buses in the
state, full conversion by 2035 will cost approximately $20 billion. The
cost over and above what school districts already pay for replacement
buses is projected at between $8 billion and $15 billion statewide.
These totals don't even include the required infrastructure upgrades
including installation of charging stations, electrical improvements,
bus garage renovations and so on. Without question, the $100 million in
grants the state just made available for electric school bus purchases
won't be nearly enough. That amount is enough to fund about 250 buses
statewide. With over 800 school districts statewide, that isn't even one
bus per district. Even the additional $400 million to be allocated in
future rounds won't make a dent in the cost of conversion.

Funding isn't the only problem with this mandate. There are other issues
particularly important to rural districts that haven't been adequately
considered. Frigid temperatures decrease traveling range due to electric
vehicles failing to operate and charge properly in extremely cold weath-
er, which could affect school bus routes in the coldest portions of the
state specifically, rural regions of the state. School buses are also
used for other purposes including trips to athletic events and field
trips, which often involve exceeding the roughly 100 mile range a bus
can travel on a single charge.  This costly transition will continue to
weigh heavily on our poor rural school districts and the property
taxpayers in those districts.  Overall, the electric bus mandate, like
much of New York's climate agenda, is being rushed into place without
adequate funding, regional flexibility, or input from stakeholders.
Those who stand to lose the most from this unfunded mandate are, once
again, New York State taxpayers.

In conclusion, this legislation seeks to facilitate a thorough and unbi-
ased assessment of electric school bus feasibility, costs of infrastruc-
ture, and costs of upgrading or replacing, ensuring that future policies
align with the practical considerations of our diverse settings in our
state.

 
LEGISLATIVE HISTORY:

2024: S8467 Referred to Education

 
EFFECTIVE DATE:
The legislation would take effective immediately upon adoption.

2025-S4748 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4748
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 Introduced  by  Sens. BORRELLO, ASHBY, HELMING, OBERACKER, RHOADS, ROLI-
   SON, TEDISCO, WALCZYK, WEBER, WEIK -- read twice and ordered  printed,
   and when printed to be committed to the Committee on Education
 
 AN  ACT  to amend the education law, the local finance law and the envi-
   ronmental conservation law, in relation to removing references related
   to the electric school bus mandate; to repeal  certain  provisions  of
   the  education  law, the local finance law, the public authorities law
   and the environmental conservation law relating to electric buses; and
   authorizing a study by the New York state energy research and develop-
   ment authority to determine the feasibility of converting school buses
   to zero-emission vehicles
 
   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 is REPEALED.
   §  2.  Paragraph f of subdivision 2 of section 3623-a of the education
 law is REPEALED.
   § 3. Paragraph e of subdivision 7 of section  3602  of  the  education
 law,  as  amended by chapter 563 of the laws of 2024, is amended to read
 as follows:
    e. In determining approved transportation capital, debt  service  and
 lease expense for aid payable in the two thousand five--two thousand six
 school  year  and  thereafter,  the  commissioner,  after  applying  the
 provisions of paragraph c of this subdivision  to  such  expense,  shall
 establish  an  assumed amortization pursuant to this paragraph to deter-
 mine the approved capital, debt service and lease expense of the  school
 district  that is aidable in the current year, whether or not the school
 district issues debt for such expenditures,  subject  to  any  deduction
 pursuant  to  paragraph d of this subdivision. Such assumed amortization
 shall be for a period of five years, [and for the two  thousand  twenty-
 two--two  thousand  twenty-three school year and thereafter such assumed
 amortization for zero-emission school buses as defined in section  thir-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09322-01-5

 S. 4748                             2

 ty-six  hundred  thirty-eight of this article and related costs pursuant
 to paragraph f of subdivision two of section thirty-six hundred  twenty-
 three-a of this article shall be for a period of eight years,] and shall
 commence  twelve months after the school district enters into a purchase
 contract or lease of the school bus[, charging station, hydrogen fueling
 station], or equipment, or a  general  contract  for  the  construction,
 reconstruction,  lease  or purchase of a transportation storage facility
 or site in an amount less than ten thousand dollars. Such assumed  amor-
 tization  shall  provide  for equal semiannual payments of principal and
 interest based on an assumed interest rate established  by  the  commis-
 sioner  pursuant to this paragraph. By the first day of September of the
 current year commencing with the two  thousand  five--two  thousand  six
 school year, each school district shall provide to the commissioner in a
 format  prescribed  by  the commissioner such information as the commis-
 sioner shall require for  all  capital  debt  incurred  by  such  school
 district  during the preceding school year for expenses allowable pursu-
 ant to subdivision two of section thirty-six hundred  twenty-three-a  of
 this  article.  Based  on  such reported amortizations and a methodology
 prescribed by the commissioner in regulations,  the  commissioner  shall
 compute  an  assumed  interest  rate that shall equal the average of the
 interest rates applied to all such  debt  issued  during  the  preceding
 school  year.  The  assumed  interest rate shall be the interest rate of
 each such school  district  applicable  to  the  current  year  for  the
 purposes  of  this paragraph and shall be expressed as a decimal to five
 places rounded to the nearest eighth of one-one hundredth.
   § 4. Subparagraph 7 of paragraph e of subdivision 1 of section  3623-a
 of  the education law, as amended by section 4 of subpart A of part B of
 chapter 56 of the laws of 2022, is amended to read as follows:
   (7) fuel, oil, tires,  chains,  maintenance  and  repairs  for  school
 buses[,  provided  that for purposes of this article, fuel shall include
 electricity used to charge or  hydrogen  used  to  refuel  zero-emission
 school  buses  for  the  aidable transportation of pupils, but shall not
 include electricity or hydrogen used for other purposes];
   § 5. Subdivision 29 of paragraph a  of  section  11.00  of  the  local
 finance law is REPEALED.
   § 6. Subdivision 21-a of section 1604 of the education law, as amended
 by chapter 563 of the laws of 2024, is amended to read as follows:
    21-a.  To lease a motor vehicle or vehicles to be used for the trans-
 portation of the children of the district from a school district,  board
 of  cooperative  educational services or county vocational education and
 extension board or from any other source, under the conditions specified
 in this subdivision. No such agreement for the lease of a motor  vehicle
 or  vehicles  shall be for a term of more than one school year, provided
 that when authorized by a vote of the qualified voters of  the  district
 such  lease may have a term of up to five years[, or eight years for the
 lease of zero-emission school buses as  defined  in  section  thirty-six
 hundred  thirty-eight  of  this  chapter]. Where the trustee or board of
 trustees enter into a lease of a motor vehicle or vehicles  pursuant  to
 this  subdivision for a term of one school year or less, such trustee or
 board shall not be authorized to enter into another lease for  the  same
 or  an  equivalent replacement vehicle or vehicles, as determined by the
 commissioner, without obtaining approval of the qualified voters of  the
 school district.
   §  7.  Paragraph  i of subdivision 25 of section 1709 of the education
 law, as amended by chapter 563 of the laws of 2024, is amended  to  read
 as follows:
 S. 4748                             3
 
   i.  In addition to the authority granted in paragraph e of this subdi-
 vision, the board of education shall be  authorized  to  lease  a  motor
 vehicle or vehicles to be used for the transportation of the children of
 the district from sources other than a school district, board of cooper-
 ative  educational services or county vocational education and extension
 board under the conditions specified in this paragraph. No  such  agree-
 ment for the lease of a motor vehicle or vehicles shall be for a term of
 more  than  one  school year, provided that when authorized by a vote of
 the qualified voters of the district such lease may have a term of up to
 five years[, or eight years for the lease of zero-emission school  buses
 as  defined in section thirty-six hundred thirty-eight of this chapter].
 Where the board of education enters a lease of a motor vehicle or  vehi-
 cles  pursuant  to this paragraph for a term of one school year or less,
 such board shall not be authorized to enter into another  lease  of  the
 same  or an equivalent replacement vehicle or vehicles, as determined by
 the commissioner, without obtaining approval of the voters.
   § 8. Subdivision 29-a of paragraph a of section  11.00  of  the  local
 finance  law,  as amended by chapter 563 of the laws of 2024, is amended
 to read as follows:
   29-a. Transit motor vehicles. The purchase of municipally owned  omni-
 bus  or  similar  surface  transit  motor  vehicles, ten years[; and the
 purchase of zero-emission  school  buses  owned  by  a  school  district
 defined  pursuant  to  paragraph  two of section 2.00 of this chapter, a
 city school district with a population of more than one hundred  twenty-
 five thousand inhabitants, or board of cooperative educational services,
 eight years].
   §  9. Subdivisions 22 and 23 of section 1854 of the public authorities
 law are REPEALED.
   § 10. Section 1884 of the public authorities law is REPEALED.
   § 11. Section  58-0701  of  the  environmental  conservation  law,  as
 amended  by  section  7 of part OO of chapter 58 of the laws of 2022, is
 amended to read as follows:
 § 58-0701. Allocation of moneys.
   Of the moneys received by the state from the sale of bonds pursuant to
 the environmental bond act of 2022,  up  to  one  billion  five  hundred
 million  dollars  ($1,500,000,000) shall be made available for disburse-
 ments for climate  change  mitigation  projects  developed  pursuant  to
 section  58-0703  of  this  title.  Not  less  than four hundred million
 dollars ($400,000,000) of this  amount  shall  be  available  for  green
 buildings   projects,   not   less  than  one  hundred  million  dollars
 ($100,000,000) for climate adaptation and mitigation  projects  pursuant
 to  paragraph c of subdivision one of section 58-0703 of this title, not
 less than two hundred million dollars ($200,000,000) shall be  available
 for disbursement to reduce or eliminate water pollution or air pollution
 affecting  disadvantaged  communities  pursuant to paragraphs f and g of
 subdivision one of section 58-0703 of this title[,  and  not  less  than
 five  hundred  million  dollars ($500,000,000) for costs associated with
 the purchase of or conversion to zero emission school buses and support-
 ing infrastructure as set forth in paragraph h  of  subdivision  one  of
 section 58-0703 of this title].
   §  12. Paragraph h of subdivision 1 of section 58-0703 of the environ-
 mental conservation law is REPEALED.
   § 13. 1. The New York state energy research and development  authority
 (NYSERDA)  is  hereby  directed to study and make recommendations on the
 feasibility of converting school buses in the state of New York to zero-
 emission vehicles.
 S. 4748                             4
 
   2. Such study shall include, but not be limited to:
   (a)  analysis  of the feasibility of conversion in rural, suburban, or
 urban school districts;
   (b) the costs of supporting the necessary infrastructure for  zero-em-
 ission school buses; and
   (c)  the  costs  of  upgrading or replacing conventional school busses
 with zero-emission school buses.
   3. Within one year after the effective date of this act, NYSERDA shall
 submit a report of the findings and recommendations pursuant to this act
 to the governor, the temporary president of  the  senate,  the  minority
 leader  of  the senate, the speaker of the assembly, the minority leader
 of the assembly, and the chairs and ranking members of  the  senate  and
 assembly  committees  on  health and shall post such report on NYSERDA's
 website.
   § 14. This act shall take effect immediately; provided, however, that:
   (a) section three of this act shall take effect on the same  date  and
 in  the  same  manner  as  section 3 of chapter 563 of the laws of 2024,
 takes effect;
   (b) section six of this act shall take effect on the same date and  in
 the  same  manner as section 1 of chapter 563 of the laws of 2024, takes
 effect;
   (c) section seven of this act shall take effect on the same  date  and
 in  the  same  manner  as  section 2 of chapter 563 of the laws of 2024,
 takes effect; and
   (d) section eight of this act shall take effect on the same  date  and
 in  the  same  manner  as  section 4 of chapter 563 of the laws of 2024,
 takes effect.

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Senate Bill S4748

Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2025-S4748 (ACTIVE) - Details

2025-S4748 (ACTIVE) - Summary

2025-S4748 (ACTIVE) - Sponsor Memo

2025-S4748 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4748

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2025-S4748 (ACTIVE) - Details

2025-S4748 (ACTIVE) - Summary

2025-S4748 (ACTIVE) - Sponsor Memo

2025-S4748 (ACTIVE) - Bill Text download pdf

Comments