§ 3638. Zero-emission school buses. 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.

2. (a) No later than July first, two thousand twenty-seven, every
school district shall:

(i) only purchase or lease zero-emission school buses when purchasing
or leasing new buses;

(ii) include requirements in any procurement for school transportation
services that any contractors providing transportation services for the
school district must only purchase or lease zero-emission school buses
when purchasing or leasing new school buses; and

(iii) include requirements in any procurement for the manufacturing or
retrofitting of a zero-emission school bus and charging or fueling
infrastructure that the components and parts used or supplied in the
performance of the contract or any subcontract thereto shall be produced
or made in whole or substantial part in the United States, its
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.

(b) The commissioner, in consultation with the New York state energy
research and development authority and office of general services, may
waive the contracting requirements set forth in subparagraph (iii) of
paragraph (a) of this subdivision if the commissioner determines that
the requirements would not be in the public interest, would result in
unreasonable costs, or that obtaining such zero-emission school buses
and charging or fueling infrastructure components and parts in the
United States would increase the cost of a school district's contract
for zero-emission school buses and charging or fueling infrastructure by
an unreasonable amount, or such zero-emission school busses and charging
or fueling infrastructure components and parts cannot be produced, made,
or assembled in the United States in sufficient and reasonably available
quantities or of satisfactory quality. Such determination must be made
on an annual basis no later than December thirty-first, after providing
notice and an opportunity for public comment, and be made publicly
available, in writing, on the department's website with a detailed
explanation of the findings leading to such determination. If the
commissioner has issued determinations for three consecutive years that
no such waiver is warranted pursuant to this paragraph, then the
commissioner shall no longer be required to provide the annual
determinations required by this paragraph.

3. No later than July first, two thousand thirty-five, every school
district shall:

(a) only operate and maintain zero-emission school buses; and

(b) include requirements in any procurement for school transportation
services that any contractors providing transportation services for the
school district must only operate zero-emission school buses when
providing such transportation services to the school district.

4. A school district may apply to the commissioner, and the department
may grant a one-time extension of up to twenty-four months to comply
with the requirements of subdivision two of this section. The
commissioner shall consider a school district's effort to meet the
requirements of subdivision two of this section when granting an
extension, including but not limited to, procurement efforts made by the
school district, applications for state or federal funds, changes needed
to school district operations to meet the requirements of this section,
employee training, and receipt of technical assistance, if any. Upon a
school district receiving an 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 of this section.

5. (a) Nothing in this section shall alter the rights or benefits, and
privileges, including, but not limited to terms and conditions of
employment, civil service status, and collective bargaining unit
membership, of any current employees of school districts or any entity
contracted to provide pupil transportation services, or services
attendant thereto, including but not limited to drivers, attendants,
dispatchers, and mechanics.

(b) Nothing in this section shall result in: (i) the discharge,
displacement, or loss of position, including partial displacement such
as a reduction in the hours of non-overtime work, wages, or employment
benefits; (ii) the impairment of existing collective bargaining
agreements; (iii) the transfer of existing duties and functions; or (iv)
the transfer of future duties and functions, of any currently employed
worker impacted by the proposed purchase or lease who agrees to be
retrained.

(c) Prior to the beginning of the procurement process for new
zero-emission school buses, omnibuses, vehicles, charging infrastructure
or equipment, fueling infrastructure or equipment, or other equipment,
the school district, private school bus company, or other employer whose
workers provide pupil transportation services or services attendant
thereto, shall create and implement a workforce development report that:
(i) estimates the number of current positions that would be eliminated
or substantially changed as a result of the purchase or lease, and the
number of positions expected to be created at the school district,
private school bus company or other employer whose workers provide pupil
transportation services or services attendant thereto by the proposed
purchase or lease over the intended life of the proposed purchase or
lease; (ii) identifies gaps in skills of its current workforce that are
needed to operate and maintain zero-emission school buses, omnibuses,
vehicles, charging infrastructure or equipment, fueling infrastructure
or equipment, or other equipment; (iii) includes a comprehensive plan to
transition, train, or retrain employees that are impacted by the
proposed purchase or lease; and (iv) contains an estimated budget to
transition, train, or retrain employees that are impacted by the
proposed purchase or lease.

(d) Nothing in this section shall: (i) limit rights of employees
pursuant to a collective bargaining agreement, or (ii) alter the
existing representational relationships among collective bargaining
representatives or the bargaining relationships between the employer and
any collective bargaining representative. Employees of public entities
serving in positions in newly created titles shall be assigned to the
appropriate bargaining unit.

(e) Prior to beginning the procurement process for zero-emission
school buses, omnibuses, vehicles, charging infrastructure or equipment,
fueling infrastructure or equipment, or other equipment, any employer of
workers covered by this section shall inform its employees' collective
bargaining representative of any potential impact on its members or
unit, including positions that may be affected, altered, or eliminated
as a result of the purchase.

6. When purchasing zero-emission school buses and charging or fueling
infrastructure, school districts are encouraged to utilize the
centralized contracts for zero emission school buses and charging or
fueling infrastructure established by the office of general services.

* 7. Beginning in the two thousand twenty-four--two thousand
twenty-five school year, every school district shall annually submit to
the commissioner a progress report on the implementation of
zero-emission school buses as required under this section in a format
prescribed by the commissioner and approved by the director of the
budget. The report shall include, but not be limited to, (i) sufficiency
of the school district's electric infrastructure to support anticipated
electrical needs, (ii) the availability and installation of charging or
fueling stations and other components and capital infrastructure
required to support the transition to and full implementation of
zero-emission school buses, (iii) whether the workforce development
report pursuant to paragraph (c) of subdivision five of this section has
been created and implemented, (iv) the number and proportion of
zero-emission school buses the school district or any contractor
providing transportation services is utilizing in the current school
year, and (v) the number and proportion of zero-emission school buses
purchased or leased by the school district or any contractor providing
transportation services in the current school year and the total
anticipated number for the next two years. The progress report shall be
due on or before August first of each year. Beginning October first, two
thousand twenty-four, the commissioner shall annually submit a report to
the governor, the temporary president of the senate and the speaker of
the assembly on the progress of implementation of zero-emission school
buses as reported by the school districts.

* NB Repealed June 30, 2036