§ 3623-A — Allowable transportation expense

§ 3623-a. Allowable transportation expense. For the computation of\ntransportation aid pursuant to the requirements of subdivision seven of\nsection thirty-six hundred two of this article and this part, allowable\ntransportation expense shall include expenditures for aidable regular\ntransportation as defined in section thirty-six hundred twenty-two-a of\nthis part, provided that such expense shall be limited to expenditure\nitems listed in subdivision one of this section as transportation\noperating expense and in subdivision two of this section as\ntransportation capital, debt service and lease expense.\n 1. Transportation operating expense shall include base year\nexpenditures for the following, provided that such transportation\noperating expense shall meet the requirements set forth in subdivision\nthree of this section:\n a. Computerized bus routing services;\n b. Contracting for the transportation of any or all of the pupils\nattending school in such school district, other than a contract with a\npublic service facility for such transportation operated on routes under\nfranchise;\n c. The use of public service facilities on routes operated under\nfranchise or by a municipality or public authority for any or all of the\npupils in the district, provided that the allowance for each pupil using\nsuch facilities shall not exceed two single fares a day for such pupil\nmultiplied by the number of days which such pupil attends school;\n d. The school district's share of the cost of a regional or joint\ntransportation system;\n e. The following expenses for district operated transportation\nsystems, including operation of district owned or district leased school\nbuses:\n (1) salaries and retirement benefits related to transportation, except\nsalaries and retirement benefits for assistant drivers on buses\ntransporting nondisabled pupils;\n (2) employers' social security contributions for transportation\npersonnel for whom salaries are allowable;\n (3) health, life and other insurance premiums for transportation\npersonnel for whom salaries are allowable;\n (4) premiums for collision and other insurance coverage for school\nbuses;\n (5) uniforms for transportation personnel for whom salaries are\nallowable;\n (6) costs incurred by the employer for qualifying criminal history,\ndrivers license, or other required testing attributable to special\nrequirements for drivers of school buses pursuant to state or federal\nlaw including pre-employment and random drug and alcohol testing as\nrequired under subdivision six of section five hundred nine-g of the\nvehicle and traffic law;\n (7) fuel, oil, tires, chains, maintenance and repairs for school\nbuses, provided that for purposes of this article, fuel shall include\nelectricity used to charge or hydrogen used to refuel zero-emission\nschool buses for the aidable transportation of pupils, but shall not\ninclude electricity or hydrogen used for other purposes;\n (8) bridge tolls;\n (9) transportation by boat or airplane, because of the location of the\nschool district in relation to the school which the children of the\ndistrict attend, or required room and board in connection therewith\nnecessitated because of impassable waters or adverse weather conditions,\nwhich has been approved by the commissioner;\n (10) the consideration for the contract or contracts made for the\npurpose of providing transportation by horse-drawn vehicle or vehicles,\nif any school district shall be required to provide such transportation;\nand\n (11) other expenses for district operated transportation systems, as\napproved pursuant to regulations of the commissioner.\n f. Other transportation operating expenses as approved pursuant to\nregulations of the commissioner.\n 2. Allowable transportation capital, debt service and lease expense\nshall include base year expenditures as described in this subdivision,\nnet of revenue received with the express purpose of funding such\nexpenditures as prescribed by the commissioner, except as provided in\nparagraph d of subdivision three of this section.\n a. The purchase of school buses as approved by the commissioner;\n b. The lease, as approved by the commissioner, of a school bus by a\nschool district from another school district, board of cooperative\neducational services or a county vocational education and extension\nboard, or any school bus leased by a school district from any other\nsource under emergency conditions, as determined by the commissioner, or\nany school bus leased by a school district from any other source as\notherwise authorized by this chapter;\n c. The purchase of equipment deemed a proper school district expense,\nincluding: (i) the purchase of two-way radios to be used on old and new\nschool buses, (ii) the purchase of stop-arms, to be used on old and new\nschool buses, (iii) the purchase and installation of seat safety belts\non school buses in accordance with the provisions of section thirty-six\nhundred thirty-five-a of this article, (iv) the purchase of school bus\nback up beepers, (v) the purchase of school bus front crossing arms,\n(vi) the purchase of school bus safety sensor devices, (vii) the\npurchase and installation of exterior reflective marking on school\nbuses, (viii) the purchase of automatic engine fire extinguishing\nsystems for school buses used to transport students who use wheelchairs\nor other assistive mobility devices, and (ix) the purchase of other\nequipment as prescribed in the regulations of the commissioner;\n d. Other transportation capital, debt service and lease expense, as\napproved pursuant to regulations of the commissioner;\n e. Any approved cost of construction, reconstruction, lease or\npurchase of a transportation storage facility or site in the amount of\nten thousand dollars or more shall be aidable in accordance with\nsubdivision six of section thirty-six hundred two of this article and\nshall not be aidable as transportation expense; and\n f. Approved costs relating to the lease, purchase, construction, or\ninstallation of zero-emission school bus electric charging or hydrogen\nfueling stations. For the purposes of this section, a zero-emission\nschool bus electric charging station is a station that delivers\nelectricity from a source outside a zero-emission school bus into one or\nmore zero-emission school buses. An electric school bus charging station\nmay include several charge points simultaneously connecting several\nzero-emission school buses to the station and any related equipment\nneeded to facilitate charging plug-in zero-emission school buses. Any\nwork related to the construction or installation of zero-emission school\nbus electric charging or hydrogen fueling stations under this paragraph\nshall be considered public work and shall be subject to prevailing wage\nrequirements in accordance with section two hundred twenty and two\nhundred twenty-b of the labor law.\n 3. a. The transportation operating expense for any school district\nfurnishing transportation for pupils attending a school within such\ndistrict shall be reduced by any moneys received for transportation.\n b. If a district transports nonresident pupils, moneys received for\nsuch transportation shall also be deducted in calculating transportation\naid, provided that in no case shall there be any deduction made in\ndetermining transportation aid on the basis of bus mileage travelled in\ntransporting children pursuant to a contract executed in accordance with\nparagraph h of subdivision twenty-five of section seventeen hundred nine\nof this chapter.\n c. Where a school district contracts for the transportation of its\npupils with a contractor and such contract results in the joint use of\none or more school buses with another district or districts contracting,\nindependently, with the same contractor, the transportation operating\nexpense applicable to such bus or buses for such route or routes shall\nbe prorated to each district. The total transportation operating expense\nfor all districts that are parties to such contract shall not exceed the\nconsideration of the contract.\n d. (1) For aid payable in the two thousand twenty-four--two thousand\ntwenty-five school year and thereafter, notwithstanding any provision of\nlaw to the contrary, approved transportation capital, debt service, and\nlease expenses for apportionments to school districts under subdivision\nseven of section thirty-six hundred two of this article shall include\nthe final value of any vouchers paid on behalf of a school district,\npayments, and grants authorized pursuant to section 58-0701 of the\nenvironmental conservation law for costs associated with the purchase of\nor conversion to zero-emission school buses and supporting\ninfrastructure.\n (2) (i) In the case of allowable expenses for transportation capital,\ndebt service, or leases which are related to costs associated with the\npurchase of or conversion to zero-emission school buses and supporting\ninfrastructure and which are supported in whole or in part by vouchers,\npayments, or grants authorized under section 58-0701 of the\nenvironmental conservation law, such allowable expenses at the time in\nwhich the expense is claimed for aid shall be reduced by the quotient of\n(A) the positive difference, if any, of the maximum state support less\nallowable expenses, divided by (B) the transportation aid ratio\ncalculated pursuant to subdivision seven of section thirty-six hundred\ntwo of this article, provided that allowable expenses after such\nreduction, if any, shall be greater than zero.\n (ii) For purposes of this subparagraph "maximum state support" shall\nbe equal to the sum of (A) the product of the transportation aid ratio\ncalculated pursuant to subdivision seven of section thirty-six hundred\ntwo of this article multiplied by allowable expenses, plus (B) the final\nvalue of any such vouchers paid on behalf of a school district,\npayments, and grants authorized under section 58-0701 of the\nenvironmental conservation law.\n (3) The entity authorized to provide state assistance payments or\ngrants pursuant to subdivision two of section 58-0703 of the\nenvironmental conservation law shall provide to the commissioner a list\nof grants awarded and payments to each school district or vouchers paid\non behalf of a school district for the purchase of or conversion to\nzero-emission school buses and supporting infrastructure no later than\none month prior to the end of each calendar year and each school year.\nThis list shall include the type and number of zero-emission school\nbuses to be funded by these payments or grants, the supporting\ninfrastructure to be funded by these payments or grants, the award\namounts of each payment or grant, the direct recipient of each payment\nor grant, the district receiving such payment or grant or that\nbenefitted from such voucher, the date on which the payment or grant was\nreceived, and any other information necessary for the calculation of aid\npursuant to subdivision seven of section thirty-six hundred two of this\narticle.\n 4. Notwithstanding the provisions of this section or any other\nprovision of law to the contrary, for the computation of transportation\naid pursuant to the requirements of subdivision seven of section\nthirty-six hundred two of this article, allowable transportation\nexpenses shall also include transportation operating expenses described\nin subdivision one of this section and transportation capital, debt\nservice and lease expenses described in subdivision two of this section\nincurred in the two thousand nineteen--two thousand twenty school year:\n(i) during the state disaster emergency declared pursuant to executive\norder 202 of 2020 in the case of expenses pursuant to subdivision eight\nof section thirty-six hundred twenty-two-a of this part; and (ii) during\nthe period between the issuance of executive order 202.4 on March\nsixteenth, two thousand twenty and the issuance of executive order\n202.28 on May seventh, two thousand twenty in the case of expenses\npursuant to subdivision nine of section thirty-six hundred twenty-two-a\nof this part. Such expenses shall be allowable transportation expenses\neven where aidable regular transportation as defined in section\nthirty-six hundred twenty-two-a of this part of transportation after\nfour pm pursuant to section thirty-six hundred twenty-seven of this part\nwas not provided.\n