NY State Senate Bill 2025-S6893B

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 24, 2025	print number 6893b
Apr 24, 2025	amend and recommit to education
Apr 01, 2025	print number 6893a
Apr 01, 2025	amend (t) and recommit to education
Mar 26, 2025	referred to education

Bill Amendments

Original

B (Active)

2025-S6893 - Details

See Assembly Version of this Bill:: A6760
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3638 & 3623-a, Ed L; amd Part A §35, Chap 56 of 2023

2025-S6893 - Summary

Requires every school district to conduct a transition feasibility analysis within the next succeeding school year as of the effective date of this act, and every five years thereafter, to determine the feasibility of using zero-emission school buses on current routes.

2025-S6893 - Sponsor Memo

                                 
BILL NUMBER: S6893

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the education law, in relation to transition feasibility
analysis for zero-emission school buses

 
PURPOSE OR GENERAL IDEA OF BILL:

To require every school district to complete a transportation feasibil-
ity analysis by a specified date, and every five years thereafter, and
to adopt the use of zero-emission buses for regular routes in accordance
with the findings of such analysis; provide transportation aid for
transportation feasibility analyses, salary for a zero-emission trans-
portation transition planner, and costs incurred to transport an out-of-
service zero-emission bus for storage and repairs.

 
SUMMARY OF PROVISIONS:

Section one: amends section 3638 of the education law by adding a new
subdivision 1-a to require every school district to complete a transi-

tion feasibility analysis before the end of the current school year as
of the effective date of the subdivision, and every five years thereaft-
er, to determine which regular routes can feasibly be serviced by zero-
emission school buses. A transportation feasibility analysis completed
within two years preceding the adoption of the new subdivision also
meets the requirement of such subdivision. Section 3638(1-a) also
describes the parameters to be analyzed by the study.

Section two: amends subdivision 2 of section 3638 of the education law
to require every school district to abide by the findings of its current
transportation feasibility analysis no later than July 1, 2027. School
districts with findings that indicate 50% or more of all regular routes
are not deemed feasible for service by zero-emission buses shall be
permitted to utilize non-zero-emission buses to make required transpor-
tation runs and to receive transportation aid for such buses. School
districts with findings indicating that less than 50% of all regular
routes are not deemed feasible for service by zero-emission buses shall
utilize zero-emission buses for such regular routes and may utilize
non-zero-emission buses for the remaining regular routes. Subdivision 2
also defines key terms and deems a school district to be in compliance
with the subdivision where a district has encumbered funds and placed an
order for a zero-emission bus prior to July 1, 2027 but has not received
delivery of such bus before that date.

Section three: makes technical amendments to subdivisions 3 and 4 of
section 3638 of the education law.

Section 4: amends section 3623-a(1) of the education law by adding a new
paragraph to permit transportation aid for a transition feasibility
analysis required by subdivision 1-a of section 3638 of-the same chap-
ter.

Section 5: amends section 3623-a(1)(e) by adding new paragraphs to
permit transportation aid for salary for a zero-emission transportation
transition planner and costs incurred to transport an out-of-service
zero-emission bus for storage and repairs.

Section 6: establishes the effective date.

 
JUSTIFICATION:

Despite ongoing efforts by school districts across the state to meet the
electrification transition goals set for every school district for July
1, 2027, there are several significant barriers which make the transi-
tion, as currently proposed, not achievable for a significant number of
districts. For example, unlike consumer electric vehicles that have seen
steep price declines, zero-emission buses (ZEBs) cost two to four times
more than traditional internal combustion engine (ICE) buses and have
seen an approximate 8.7% increase in costs since 2022. In addition,
although total cost of ownership parity between ZEBs and ICEs was
initially forecast for 2027, the more likely date is now seen as 2030 or
beyond. Practical concerns for the capabilities and capacities of ZEBs
also remain significant, as average low temperatures, route distance and
topography vary widely across the state and substantially impact
manufacturer's specifications and vehicle reliability. The high costs
for adding transmission and charging infrastructure to accommodate the
new ZEBs also presents a strong barrier to gaining wide public support
for the transition.

This bill enables individual districts to move forward as quickly as
they are able within the parameters of their own challenges and requires
districts to identify those challenges through regular transition feasi-
bility analyses.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S6893 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6893
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to transition feasibility
   analysis for 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 is amended by adding a
 new subdivision 1-a 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.
   § 2. 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
 school  district  shall  ABIDE BY THE FINDINGS OF THE DISTRICT'S CURRENT
 TRANSITION FEASIBILITY ANALYSIS, COMPLETED IN ACCORDANCE  WITH  SUBDIVI-
 SION  ONE-A  OF  THIS  SECTION, AS SET FORTH IN THIS SUBDIVISION. IF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09808-03-5
 S. 6893                             2

 
 FINDINGS OF A SCHOOL DISTRICT'S TRANSITION FEASIBILITY ANALYSIS INDICATE
 THAT:
   (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)]  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, 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 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
 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-
 S. 6893                             3
 
 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  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 REQUIREMENT PURSUANT TO THIS CHAPTER.
   §  3.  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
 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.
   §  4.  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;
   §  5.  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;
   § 6. This act shall take effect immediately.

2025-S6893A - Details

See Assembly Version of this Bill:: A6760
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3638 & 3623-a, Ed L; amd Part A §35, Chap 56 of 2023

2025-S6893A - Summary

2025-S6893A - Sponsor Memo

                                 
BILL NUMBER: S6893A

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the education law, in relation to transition feasibility
analysis for zero-emission school buses; and to amend part A of chapter
56 of the laws of 2023 amending the education law relating to contracts
for excellence, in relation to the effectiveness thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To require every school district to complete a transportation feasibil-
ity analysis by a specified date, and every five years thereafter;
prioritize allocated funding for the purchase of ZEBs and transmission
capacity and the design and construction of related infrastructure to
school districts with more than two thousand pupils based on specified
district characteristics; extend the outer deadline for transition by
small school districts with less than two thousand pupils and districts
with substantial feasibility issues to two thousand forty; and provide
transportation aid for transportation feasibility analyses, salary for a
zero-emission transportation transition planner, and costs incurred to
transport an out-of-service zero-emission bus for storage and repairs.

 
SUMMARY OF PROVISIONS:

Section one provides the legislative intent for the legislation.

Section two amends subdivision 1 of section 3638 of the education law to
include hybrid battery electric buses within the definition of "zero-em-
ission school bus".

Section three amends section 3638 of the education law to add new subdi-
visions 1-a and 1-b:

Subdivision 1-a requires every school district to complete a transition
feasibility analysis before the end of the current school year as of the
effective date of the subdivision, and every five years thereafter, to
determine which regular routes can feasibly be serviced by zero-emission
school buses. A transportation feasibility analysis completed within two
years preceding the adoption of the new subdivision also meets the
requirement of such subdivision.  Subdivision(1-a) also describes the
parameters to be analyzed by the study.

Subdivision (1-b) directs the education department, in consultation with
the New York state energy research and development authority (NYSERDA)
and department of health (DOH), to develop a list of school districts
with two thousand or more pupils which ranks district need for transpor-
tation and building aid for the purchase of zero-emission buses and
transmission capacity and the design and construction of related infras-
tructure based on an assessment of the district's current transition
feasibility analysis, the childhood asthma ER visit rate in the county
where the district is located (per DOH), the district's need/resource
capacity index rating (per SED), and average per pupil spending. SED
shall then prioritize allocated funding to the most high- need school
districts.

Section four amends paragraph (a) of subdivision 2 of section 3638 of
the education law to require every school district with two thousand or
more pupils to abide by the findings of its current transportation
feasibility analysis no later than July 1, 2027. School districts with
findings that indicate 50% or more of all regular routes are not deemed
feasible for service by zero-emission buses shall be permitted to
utilize non-zeroemission buses to make required transportation runs and
to receive transportation aid for such buses. School districts with
findings indicating that less than 50% of all regular routes are not
deemed feasible for service by zero-emission buses shall utilize zero-
emission buses for such regular routes and may utilize non-zero-emission
buses for the remaining regular routes.

Paragraph (a-2) is added to require every school district with less than
two thousand pupils to, no later than July 1, 2037, purchase or lease
only zero-emission school buses.

Paragraph (c) clarifies that a school district complies with section 2
if it has encumbered funds and places an order for a zero-emission bus
prior to July 1, 2027, even if it has not received delivery of such bus
before that date.

Paragraph (d) defines key terms.

Section five amends subdivision 3 of section 3638 of the education law
to require every school district with two thousand or more pupils to, no
later than July 1, 2035, operate and maintain only zero-emission school
buses and every school district with less than two thousand pupils to,
no later than July 1, 2040, operate and maintain only zero-emission
school buses.

Section six makes technical amendments to subdivision 4 of section 3638
of the education law.

Section seven amends subdivision 1 of section 3623-a(1) of the education
law by adding a new paragraph (a-1) to permit transportation aid for a
transition feasibility analysis required by section 3638 of the same
chapter.

Section eight amends section 3623-a(1)(e) by adding new paragraphs

(1-a) and (7-a) to permit transportation aid for salary for a zero-emis-
sion transportation transition planner and costs incurred to transport
an out-of-service zero-emission bus for storage and repairs, respective-
ly.

Section nine extends the repeal date of section 3638 of the education
law by five years.

Section ten establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended bill expands the definition of "zero-emission school bus" to
include hybrid battery electric buses and directs SED, in consultation
with NYSERDA and DOH, to develop a list of school districts with two
thousand or more pupils which ranks district 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 the following: the district's current transition
feasibility analysis, the childhood asthma ER visit rate in the county
where the district is located (per DOH), the district's need/resource
capacity index rating (per SED), and average per pupil spending. Based
on such ranking, SED shall then prioritize allocated funding to the most
high-need school districts. Large districts with demonstrated feasibil-
ity challenges and districts with less than two thousand pupils will be
given additional time to complete their transitions, with the outer
deadline for transition extended to 2040.

 
JUSTIFICATION:

Feasibility issues related to the pace of technological advances, the
capacity of the state's power grid, and the impacts of weather and other
route conditions on zero-emission school buses (ZEBs) operated through-
out the state present significant challenges to school districts working
to transition their fleets in accordance with SED's first transition
deadline of July 1, 2027. For that reason, this legislation addresses
two separate concerns with current law. First, it directs all school
districts to complete a transition feasibility analysis to examine the
feasibility of the district's transition process and to update the anal-
ysis every five years. Second, for those districts with more than two
thousand pupils, the legislation directs SED, in conjunction with NYSER-
DA and DOH, to assess a defined group of district characteristics to
determine which districts shall receive prioritized transportation and
building aid for the purchase of additional transmission capacity and/or
ZEBs and the design and construction of related infrastructure.

Despite the multi-faceted transition challenges faced by some districts,
e.g., average low temperatures, topography and route distance vary wide-
ly across the state and substantially impact manufacturer's specifica-
tions and ZEB reliability, voters tend to focus exclusively on the vari-
able 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 traditional 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 accommodate
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 f ew resources and high
educational needs.

To promote a more effective transition with greater impact sooner, the
bill directs the state to initially concentrate allocated funding to
school districts with more than two thousand pupils and demonstrated
need. To determine need, SED, in consultation with NYSERDA and DOH, will
assess a district's transition feasibility analysis, the childhood asth-
ma emergency department (ER) visit rate in the county where a district
is located, a district's need/resource capacity index rating and its per
pupil spending, then prioritize transportation and building aid relief
for the purchase of additional transmission capacity and/or ZEBs and the
design and construction of related infrastructure to the most high-need
districts.
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 the thirty-one districts
across the state which have conducted ZEB votes, when put "between a
rock and a hard place" voters will consistently prioritize educational
spending over transportation spending, 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
two thousand or more pupils, located in counties with childhood asthma
ER visit rates of "moderate" or "high" concern, rated as no more than
"average" by SED's need/resource capacity index, and which spend less
than $19,500 per pupil. As a result of such policy priorities, large
districts with demonstrated feasibility challenges and districts with
less than two thousand pupils will be given additional time to complete
their transitions in accordance with their current transition feasibil-
ity analysis.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S6893A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6893--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the education law, in relation to transition feasibility
   analysis  for zero-emission school buses; and to amend part A of chap-
   ter 56 of the laws of 2023 amending  the  education  law  relating  to
   contracts for excellence, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature finds that  feasibil-
 ity  issues  related to the pace of technological advances, the capacity
 of the state's power grid, and the impacts of weather  and  other  route
 conditions  on zero-emission school buses (ZEBs) operated throughout the
 state present significant challenges  to  school  districts  working  to
 transition their fleets in accordance with the department of education's
 (SED)  first transition deadline of July 1, 2027.  For that reason, this
 legislation addresses two separate concerns with current law.  First, it
 examines the feasibility of each district's transition process.  Second,
 for  those  districts  deemed to have the most feasible paths to transi-
 tion, the legislation directs SED, in  conjunction  with  the  New  York
 state  energy  research  and  development  authority  (NYSERDA)  and the
 department of health (DOH), to assess a defined group of district  char-
 acteristics  to  determine  which  districts  shall  receive prioritized
 transportation and building aid for the purchase  of  additional  trans-
 mission  capacity and/or ZEBs and the design and construction of related
 infrastructure.
   With respect to an individual district's ability to  comply  with  the
 existing  mandate,  the  legislation  directs  SED to require all school
 districts to complete a baseline transition feasibility analysis and  to
 repeat  that  process every five years.  If a district's analysis deter-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09808-07-5

 S. 6893--A                          2
 
 mines that more than 50% of the district's regular bus  routes  are  not
 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".
 S. 6893--A                          3
 
   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
 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.
 S. 6893--A                          4
 
   § 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:
   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:
 S. 6893--A                          5
 
   (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)]  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
 S. 6893--A                          6
 
 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.
   (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
 S. 6893--A                          7
 
 requirements of subdivision [two] THREE 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  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.

2025-S6893B (ACTIVE) - Details

See Assembly Version of this Bill:: A6760
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3638 & 3623-a, Ed L; amd Part A §35, Chap 56 of 2023

2025-S6893B (ACTIVE) - Summary

2025-S6893B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6893B

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the education law, in relation to transition feasibility
analysis for zero-emission school buses; and to amend part A of chapter
56 of the laws of 2023 amending the education law relating to contracts
for excellence, in relation to the effectiveness thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To require every school district to complete a transportation feasibil-
ity analysis by a specified date, and every five years thereafter;
prioritize allocated funding for the purchase of ZEBs and transmission
capacity and the design and construction of related infrastructure to
school districts with more than two thousand pupils based on specified
district characteristics; extend the outer deadline for transition by
small school districts with less than two thousand pupils and districts
with substantial feasibility issues to two thousand forty; and provide
transportation aid for transportation feasibility analyses, salary for a
zero-emission transportation transition planner, and costs incurred to
transport an out-of-service zero-emission bus for storage and repairs.

 
SUMMARY OF PROVISIONS:

Section one provides the legislative intent for the legislation.

Section two amends subdivision 1 of section 3638 of the education law to
include hybrid battery electric buses within the definition of "zero-em-
ission school bus".

Section three amends section 3638 of the education law to add new subdi-
visions 1-a and 1-b:

Subdivision 1-a requires every school district to complete a transition
feasibility analysis before the end of the next succeeding full school
year, or within fifteen months, as of the effective date of the subdivi-
sion, whichever is sooner, and every five years thereafter, to determine
which regular routes can feasibly be serviced by zero-emission school
buses. A transportation feasibility analysis completed within two years
preceding the adoption of the new subdivision also meets the requirement
of such subdivision.  Subdivision(1-a) also describes the parameters to
be analyzed by the study and clarifies the pupil population of a school
district for purposes of categorizing districts.

Subdivision (1-b) directs the education department, in consultation with
the New York state energy research and development authority (NYSERDA)
and department of health (DOH), to develop a list of school districts
with two thousand or more pupils which ranks district need for transpor-
tation and building aid for the purchase of zero-emission buses and
transmission capacity and the design and construction of related infras-
tructure based on an assessment of the district's current transition
feasibility analysis, the childhood asthma ER visit rate in the county
where the district is located (per DOH), the district's need/resource
capacity index rating (per SED), and average per pupil spending. SED
shall then prioritize allocated funding to the most high- need school
districts.

Section four amends paragraph (a) of subdivision 2 of section 3638 of
the education law to require every school district with two thousand or
more pupils to abide by the findings of its current transportation
feasibility analysis no later than July 1, 2030. School districts with
findings that indicate 50% or more of all regular routes are not deemed
feasible for service by zero-emission buses shall be permitted to
utilize non-zeroemission buses to make required transportation runs and
to receive transportation aid for such buses. School districts with
findings indicating that less than 50% of all regular routes are not
deemed feasible for service by zero-emission buses shall utilize zero-
emission buses for such regular routes and may utilize non-zero-emission
buses for the remaining regular routes.

Paragraph (a-2) is added to require every school district with less than
two thousand pupils to, no later than July 1, 2037, purchase or lease
only zero-emission school buses.

Paragraph (c) clarifies that a school district complies with section 2
if it has encumbered funds and places an order for a zero-emission bus
prior to July 1, 2030, even if it has not received delivery of such bus
before that date.

Paragraph (d) defines key terms.

Section five amends subdivision 3 of section 3638 of the education law
to require every school district with two thousand or more pupils to, no
later than July 1, 2037, operate and maintain only zero-emission school
buses and every school district with less than two thousand pupils to,
no later than July 1, 2040, operate and maintain only zero-emission
school buses.

Section six makes technical amendments to subdivision 4 of section 3638
of the education law.

Section seven amends subdivision 1 of section 3623-a(1) of the education
law by adding a new paragraph (a-1) to permit transportation aid for a
transition feasibility analysis required by section 3638 of the same
chapter.

Section eight amends section 3623-a(1)(e) by adding new paragraphs (1-a)
and (7-a) to permit transportation aid for salary for a zero-emission
transportation transition planner and costs incurred to transport an
out-ofservice zero-emission bus for storage and repairs, respectively.

Section nine extends the repeal date of section 3638 of the education
law by five years.

Section ten establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended bill expands the definition of "zero-emission school bus" to
include hybrid battery electric buses and directs SED, in consultation
with NYSERDA and DOH, to develop a list of school districts with two
thousand or more pupils which ranks district 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 the following: the district's current transition
feasibility analysis, the childhood asthma ER visit rate in the county
where the district is located (per DOH), the district's need/resource
capacity index rating (per SED), and average per pupil spending. Based
on such ranking, SED shall then prioritize allocated funding to the most
high-need school districts. Large districts with demonstrated feasibil-
ity challenges and districts with less than two thousand pupils will be
given additional time to complete their transitions, with the outer
deadline for transition extended to 2040.

 
JUSTIFICATION:

Feasibility issues related to the pace of technological advances, the
capacity of the state's power grid, and the impacts of weather and other
route conditions on zero-emission school buses (ZEBs) operated through-
out the state present significant challenges to school districts working
to transition their fleets in accordance with SED's first transition
deadline of July 1, 2027. For that reason, this legislation addresses
two separate concerns with current law. First, it directs all school
districts to complete a transition feasibility analysis to examine the
feasibility of the district's transition process and to update the anal-
ysis every five years. Second, for those districts with more than two
thousand pupils, the legislation directs SED, in conjunction with NYSER-
DA and DOH, to assess a defined group of district characteristics to
determine which districts shall receive prioritized transportation and
building aid for the purchase of additional transmission capacity and/or
ZEBs and the design and construction of related infrastructure.

Despite the multi-faceted transition challenges faced by some districts,
e.g., average low temperatures, topography and route distance vary wide-
ly across the state and substantially impact manufacturer's specifica-
tions and ZEB reliability, voters tend to focus exclusively on the vari-
able 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 traditional 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 accommodate
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 greater impact sooner, the
bill directs the state to initially concentrate allocated funding to
school districts with more than two thousand pupils and demonstrated
need. To determine need, SED, in consultation with NYSERDA and DOH, will
assess a district's transition feasibility analysis, the childhood asth-
ma emergency department (ER) visit rate in the county where a district
is located, a district's need/resource capacity index rating and its per
pupil spending, then prioritize transportation and building aid relief
for the purchase of additional transmission capacity and/or ZEBs and the
design and construction of related infrastructure to the most high-need
districts.
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 the thirty-one
districts across the state which have conducted ZEB votes, when put
"between a rock and a hard place" voters will consistently prioritize
educational spending over transportation spending, even when the commu-
nity's asthma health risks are high. Large districts with low per pupil
spending need financial assistance to help them accomplish the transi-
tion. 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 two thousand or more pupils, located in counties with
childhood asthma ER visit rates of "moderate" or "high" concern, rated
as no more than "average" by SED's need/resource capacity index, and
which spend less than $19,500 per pupil. As a result of such policy
priorities, large districts with demonstrated feasibility challenges and
districts with less than two thousand pupils will be given additional
time to complete their transitions in accordance with their cu rrent
transition feasibility analysis.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S6893B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6893--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the education law, in relation to transition feasibility
   analysis for zero-emission school buses; and to amend part A of  chap-
   ter  56  of  the  laws  of 2023 amending the education law relating to
   contracts for excellence, in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative findings. The legislature finds that feasibil-
 ity issues related to the pace of technological advances,  the  capacity
 of  the  state's  power grid, and the impacts of weather and other route
 conditions on zero-emission school buses (ZEBs) operated throughout  the
 state  present  significant  challenges  to  school districts working to
 transition their fleets in accordance with the department of education's
 (SED) first transition deadline of July 1, 2027.  For that reason,  this
 legislation addresses two separate concerns with current law.  First, it
 examines  the feasibility of each district's transition process. Second,
 for those districts deemed to have the most feasible  paths  to  transi-
 tion,  the  legislation  directs  SED,  in conjunction with the New York
 state energy  research  and  development  authority  (NYSERDA)  and  the
 department  of health (DOH), to assess a defined group of district char-
 acteristics to  determine  which  districts  shall  receive  prioritized
 transportation  and  building  aid for the purchase of additional trans-
 mission capacity and/or ZEBs and the design and construction of  related
 infrastructure.
   With  respect  to  an individual district's ability to comply with the
 existing mandate, the legislation directs  SED  to  require  all  school
 districts  to complete a baseline transition feasibility analysis and to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09808-09-5

 S. 6893--B                          2
 
 repeat that process every five years.  If a district's  analysis  deter-
 mines  that  more  than 50% of the district's regular bus routes are not
 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".
 S. 6893--B                          3

   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
 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.
 S. 6893--B                          4
 
   § 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:
   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 NEXT SUCCEEDING
 FULL SCHOOL YEAR, OR WITHIN FIFTEEN MONTHS, AS OF THE EFFECTIVE DATE  OF
 THIS  SUBDIVISION, WHICHEVER IS SOONER, AND EVERY FIVE YEARS THEREAFTER,
 TO DETERMINE WHICH IF ANY REGULAR ROUTES CAN  FEASIBLY  BE  SERVICED  BY
 ZERO-EMISSION  SCHOOL  BUSES, PROVIDED THAT EXISTING FEASIBILITY STUDIES
 COMPLETED WITHIN THE TWO YEARS PRECEDING THE ADOPTION OF  THIS  SUBDIVI-
 SION 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  SUFFI-
 CIENCY  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.  FOR PURPOSES OF CATEGOR-
 IZING SCHOOLS PURSUANT TO THIS SECTION, THE PUPIL POPULATION OF A SCHOOL
 DISTRICT SHALL BE THE NUMBER MOST RECENTLY REPORTED TO THE DEPARTMENT OR
 THE  NUMBER USED IN THE DISTRICT'S CURRENT TRANSITION FEASIBILITY ANALY-
 SIS, WHICHEVER IS LOWER, AND SUCH  NUMBER  SHALL  BE  DEEMED  TO  REMAIN
 UNCHANGED UNTIL UPDATED IN THE SCHOOL DISTRICT'S NEXT SUCCEEDING TRANSI-
 TION FEASIBILITY ANALYSIS.
   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:
 S. 6893--B                          5
 
   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 THIRTY, ABIDE BY THE FINDINGS OF THE
 DISTRICT'S CURRENT TRANSITION FEASIBILITY ANALYSIS, COMPLETED IN ACCORD-
 ANCE WITH SUBDIVISION ONE-A OF THIS SECTION, AS SET FORTH IN THIS SUBDI-
 VISION.  IF  THE  FINDINGS OF A SCHOOL DISTRICT'S TRANSITION FEASIBILITY
 ANALYSIS INDICATE THAT:
   (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)] 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
 S. 6893--B                          6

 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
 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 THIRTY, BUT
 WHICH  DOES  NOT RECEIVE DELIVERY OF SUCH BUS BEFORE SUCH DATE, SHALL BE
 DEEMED IN COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
   (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-SEVEN:
   [(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.
 S. 6893--B                          7

   §  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
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6893B

Sponsored By

Current Bill Status - In Senate Committee Education Committee

Bill Amendments

2025-S6893 - Details

2025-S6893 - Summary

2025-S6893 - Sponsor Memo

2025-S6893 - Bill Text download pdf

2025-S6893A - Details

2025-S6893A - Summary

2025-S6893A - Sponsor Memo

2025-S6893A - Bill Text download pdf

2025-S6893B (ACTIVE) - Details

2025-S6893B (ACTIVE) - Summary

2025-S6893B (ACTIVE) - Sponsor Memo

2025-S6893B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6893B

Share this bill

Sponsored By

Patricia Fahy

Current Bill Status - In Senate Committee Education Committee

Bill Amendments

2025-S6893 - Details

2025-S6893 - Summary

2025-S6893 - Sponsor Memo

2025-S6893 - Bill Text download pdf

2025-S6893A - Details

2025-S6893A - Summary

2025-S6893A - Sponsor Memo

2025-S6893A - Bill Text download pdf

2025-S6893B (ACTIVE) - Details

2025-S6893B (ACTIVE) - Summary

2025-S6893B (ACTIVE) - Sponsor Memo

2025-S6893B (ACTIVE) - Bill Text download pdf

Comments