§ 3638 — Zero-emission school buses

§ 3638. Zero-emission school buses. 1. For the purposes of this\nsection "zero-emission school bus" shall mean a school bus that: is\npropelled by an electric motor and associated power electronics which\nprovide acceleration torque to the drive wheels during normal vehicle\noperations and draws electricity from a hydrogen fuel cell or battery;\nor otherwise operates without direct emission of atmospheric pollutants.\n 2. (a) No later than July first, two thousand twenty-seven, every\nschool district shall:\n (i) only purchase or lease zero-emission school buses when purchasing\nor leasing new buses;\n (ii) include requirements in any procurement for school transportation\nservices that any contractors providing transportation services for the\nschool district must only purchase or lease zero-emission school buses\nwhen purchasing or leasing new school buses; and\n (iii) include requirements in any procurement for the manufacturing or\nretrofitting of a zero-emission school bus and charging or fueling\ninfrastructure that the components and parts used or supplied in the\nperformance of the contract or any subcontract thereto shall be produced\nor made in whole or substantial part in the United States, its\nterritories or possessions and that final assembly of the zero-emission\nschool bus and charging or fueling infrastructure shall occur in the\nUnited States, its territories or possessions.\n (b) The commissioner, in consultation with the New York state energy\nresearch and development authority and office of general services, may\nwaive the contracting requirements set forth in subparagraph (iii) of\nparagraph (a) of this subdivision if the commissioner determines that\nthe requirements would not be in the public interest, would result in\nunreasonable costs, or that obtaining such zero-emission school buses\nand charging or fueling infrastructure components and parts in the\nUnited States would increase the cost of a school district's contract\nfor zero-emission school buses and charging or fueling infrastructure by\nan unreasonable amount, or such zero-emission school busses and charging\nor fueling infrastructure components and parts cannot be produced, made,\nor assembled in the United States in sufficient and reasonably available\nquantities or of satisfactory quality. Such determination must be made\non an annual basis no later than December thirty-first, after providing\nnotice and an opportunity for public comment, and be made publicly\navailable, in writing, on the department's website with a detailed\nexplanation of the findings leading to such determination. If the\ncommissioner has issued determinations for three consecutive years that\nno such waiver is warranted pursuant to this paragraph, then the\ncommissioner shall no longer be required to provide the annual\ndeterminations required by this paragraph.\n 3. No later than July first, two thousand thirty-five, every school\ndistrict shall:\n (a) only operate and maintain zero-emission school buses; and\n (b) include requirements in any procurement for school transportation\nservices that any contractors providing transportation services for the\nschool district must only operate zero-emission school buses when\nproviding such transportation services to the school district.\n 4. (a) A school district may apply to the commissioner, and the\ndepartment may grant a maximum of two extensions of up to twenty-four\nmonths each to comply with the requirements of subdivision two of this\nsection. The commissioner shall consider a school district's effort to\nmeet the requirements of subdivision two of this section and any other\nfactors outside of the control of the district when granting an\nextension, including but not limited to, procurement efforts made by the\nschool district, applications for state or federal funds, changes needed\nto school district operations to meet the requirements of this section,\nemployee training, receipt of technical assistance, market availability\nof zero-emission school buses or supporting infrastructure, and\navailability of state or federal funds. In order to receive a second\nextension pursuant to this paragraph, a school district must have at\nleast engaged with the New York state energy research and development\nauthority in the initiation and development of a fleet electrification\nplan.\n The commissioner shall provide written notification to a school\ndistrict where such school district is granted an extension and shall\ndetail the grounds for granting such extension.\n (b) The commissioner shall notify the New York state energy research\nand development authority when the first extension is granted to a\nschool district pursuant to paragraph (a) of this subdivision. The New\nYork state energy research and development authority or its designee\nshall meet with the school district at least annually during the\nextension period to provide technical assistance to address the grounds\ndetailed in the extension.\n (c) The New York state energy research and development authority shall\nmake a recommendation to the commissioner if they determine a school\ndistrict has the capacity to fulfill the requirements of subdivision two\nof this section based on the fleet electrification technical assessment\nand shall notify the education department and the school district of\nsuch recommendation in writing. No school district may be granted an\nextension pursuant to paragraph (a) of this subdivision where the New\nYork state energy research and development authority has notified the\ncommissioner of their recommendation that such school district has the\ncapacity to fulfill the requirements of subdivision two of this section.\n (d) The commissioner shall publish on the department's website no\nlater than December thirty-first, two thousand twenty-five the\napplication school districts must use to apply for extensions pursuant\nto paragraph (a) of this subdivision and the requirements school\ndistricts must meet to qualify for such extensions.\n 5. (a) Nothing in this section shall alter the rights or benefits, and\nprivileges, including, but not limited to terms and conditions of\nemployment, civil service status, and collective bargaining unit\nmembership, of any current employees of school districts or any entity\ncontracted to provide pupil transportation services, or services\nattendant thereto, including but not limited to drivers, attendants,\ndispatchers, and mechanics.\n (b) Nothing in this section shall result in: (i) the discharge,\ndisplacement, or loss of position, including partial displacement such\nas a reduction in the hours of non-overtime work, wages, or employment\nbenefits; (ii) the impairment of existing collective bargaining\nagreements; (iii) the transfer of existing duties and functions; or (iv)\nthe transfer of future duties and functions, of any currently employed\nworker impacted by the proposed purchase or lease who agrees to be\nretrained.\n (c) Prior to the beginning of the procurement process for new\nzero-emission school buses, omnibuses, vehicles, charging infrastructure\nor equipment, fueling infrastructure or equipment, or other equipment,\nthe school district, private school bus company, or other employer whose\nworkers provide pupil transportation services or services attendant\nthereto, shall create and implement a workforce development report that:\n(i) estimates the number of current positions that would be eliminated\nor substantially changed as a result of the purchase or lease, and the\nnumber of positions expected to be created at the school district,\nprivate school bus company or other employer whose workers provide pupil\ntransportation services or services attendant thereto by the proposed\npurchase or lease over the intended life of the proposed purchase or\nlease; (ii) identifies gaps in skills of its current workforce that are\nneeded to operate and maintain zero-emission school buses, omnibuses,\nvehicles, charging infrastructure or equipment, fueling infrastructure\nor equipment, or other equipment; (iii) includes a comprehensive plan to\ntransition, train, or retrain employees that are impacted by the\nproposed purchase or lease; and (iv) contains an estimated budget to\ntransition, train, or retrain employees that are impacted by the\nproposed purchase or lease.\n (d) Nothing in this section shall: (i) limit rights of employees\npursuant to a collective bargaining agreement, or (ii) alter the\nexisting representational relationships among collective bargaining\nrepresentatives or the bargaining relationships between the employer and\nany collective bargaining representative. Employees of public entities\nserving in positions in newly created titles shall be assigned to the\nappropriate bargaining unit.\n (e) Prior to beginning the procurement process for zero-emission\nschool buses, omnibuses, vehicles, charging infrastructure or equipment,\nfueling infrastructure or equipment, or other equipment, any employer of\nworkers covered by this section shall inform its employees' collective\nbargaining representative of any potential impact on its members or\nunit, including positions that may be affected, altered, or eliminated\nas a result of the purchase.\n 6. When purchasing zero-emission school buses and charging or fueling\ninfrastructure, school districts are encouraged to utilize the\ncentralized contracts for zero emission school buses and charging or\nfueling infrastructure established by the office of general services.\n * 7. Beginning in the two thousand twenty-four--two thousand\ntwenty-five school year, every school district shall annually submit to\nthe commissioner a progress report on the implementation of\nzero-emission school buses as required under this section in a format\nprescribed by the commissioner and approved by the director of the\nbudget. The report shall include, but not be limited to, (i) sufficiency\nof the school district's electric infrastructure to support anticipated\nelectrical needs, (ii) the availability and installation of charging or\nfueling stations and other components and capital infrastructure\nrequired to support the transition to and full implementation of\nzero-emission school buses, (iii) whether the workforce development\nreport pursuant to paragraph (c) of subdivision five of this section has\nbeen created and implemented, (iv) the number and proportion of\nzero-emission school buses the school district or any contractor\nproviding transportation services is utilizing in the current school\nyear, and (v) the number and proportion of zero-emission school buses\npurchased or leased by the school district or any contractor providing\ntransportation services in the current school year and the total\nanticipated number for the next two years. The progress report shall be\ndue on or before August first of each year. Beginning October first, two\nthousand twenty-four, the commissioner shall annually submit a report to\nthe governor, the temporary president of the senate and the speaker of\nthe assembly on the progress of implementation of zero-emission school\nbuses as reported by the school districts.\n * NB Repealed June 30, 2036\n