S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7749
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2019
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in  relation  to  contracts  for  the
   transportation of school children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph a of subdivision 14 of section 305 of the  educa-
 tion  law,  as amended by chapter 273 of the laws of 1999, is amended to
 read as follows:
   a. (1) All contracts for the transportation of  school  children,  all
 contracts  to maintain school buses owned or leased by a school district
 that are used for the transportation of school children,  all  contracts
 for  mobile  instructional units, and all contracts to provide, maintain
 and operate cafeteria or restaurant service by a  private  food  service
 management company shall be subject to the approval of the commissioner,
 who  may  disapprove  a  proposed  contract if, in his opinion, the best
 interests of the district will be promoted thereby. Except  as  provided
 in  paragraph  e  of  this  subdivision, all such contracts involving an
 annual expenditure in  excess  of  the  amount  specified  for  purchase
 contracts in the bidding requirements of the general municipal law shall
 be  awarded to the lowest responsible bidder, which responsibility shall
 be determined by the board of education or the trustee  of  a  district,
 with  power  hereby vested in the commissioner to reject any or all bids
 if, in his opinion, the best interests of the district will be  promoted
 thereby  and,  upon  such  rejection of all bids, the commissioner shall
 order the board of education or trustee of the district to seek,  obtain
 and consider new proposals. All proposals for such transportation, main-
 tenance, mobile instructional units, or cafeteria and restaurant service
 shall  be in such form as the commissioner may prescribe.  Advertisement
 for bids shall be published in a newspaper or newspapers  designated  by
 the  board of education or trustee of the district having general circu-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11915-03-9

 A. 7749                             2
 
 lation within the district for such purpose.  Such  advertisement  shall
 contain  a  statement of the time when and place where all bids received
 pursuant to such advertisement will be publicly opened and  read  either
 by  the school authorities or by a person or persons designated by them.
 All bids received shall be publicly opened and  read  at  the  time  and
 place  so  specified.  At least five days shall elapse between the first
 publication of such advertisement and the  date  so  specified  for  the
 opening  and  reading  of  bids. The requirement for competitive bidding
 shall not apply to an award of a  contract  for  the  transportation  of
 pupils  or  a  contract for mobile instructional units, if such award is
 based on an evaluation  of  proposals  in  response  to  a  request  for
 proposals  pursuant  to paragraph e of this subdivision. The requirement
 for competitive bidding shall not apply to annual, biennial, or trienni-
 al extensions of a contract nor shall the  requirement  for  competitive
 bidding  apply  to  quadrennial  or  quinquennial  year  extensions of a
 contract involving transportation of pupils, maintenance of school buses
 or mobile instructional units secured either through competitive bidding
 or through  evaluation  of  proposals  in  response  to  a  request  for
 proposals  pursuant to paragraph e of this subdivision, when such exten-
 sions [(1)] (I) are made by the board of education or the trustee  of  a
 district,  under  rules  and regulations prescribed by the commissioner,
 and, [(2)] (II) do not extend the original contract period  beyond  five
 years  from  the  date cafeteria and restaurant service commenced there-
 under and in the case of contracts for the transportation of pupils, for
 the maintenance of school buses or for mobile instructional units,  that
 such  contracts  may  be extended, except that power is hereby vested in
 the commissioner, in addition to his  existing  statutory  authority  to
 approve or disapprove transportation or maintenance contracts, [(i)] (A)
 to reject any extension of a contract beyond the initial term thereof if
 he finds that amount to be paid by the district to the contractor in any
 year  of  such  proposed  extension fails to reflect any decrease in the
 regional consumer price index  for  the  N.Y.,  N.Y.-Northeastern,  N.J.
 area,  based  upon  the index for all urban consumers (CPI-U) during the
 preceding twelve month period; and [(ii)] (B) to reject any extension of
 a contract after ten years from the date transportation  or  maintenance
 service  commenced  thereunder, or mobile instructional units were first
 provided, if in his opinion, the best interests of the district will  be
 promoted  thereby.  Upon  such  rejection of any proposed extension, the
 commissioner may order the board of education or trustee of the district
 to seek, obtain and consider bids pursuant to  the  provisions  of  this
 section.  The  board  of  education  or the trustee of a school district
 electing  to  extend  a  contract  as  provided  herein,  may,  in   its
 discretion,  increase the amount to be paid in each year of the contract
 extension by an amount not to exceed the regional consumer  price  index
 increase  for  the  N.Y.,  N.Y.-Northeastern,  N.J. area, based upon the
 index for all urban consumers (CPI-U), during the preceding twelve month
 period, provided it has been satisfactorily established by the  contrac-
 tor that there has been at least an equivalent increase in the amount of
 his cost of operation, during the period of the contract.
   (2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, THE BOARD
 OF  EDUCATION  OF  A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE
 MILLION INHABITANTS SHALL INCLUDE IN CONTRACTS FOR THE TRANSPORTATION OF
 SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE  TWELVE,  WHETHER  AWARDED
 THROUGH  COMPETITIVE  BIDDING  OR  THROUGH  EVALUATION  OF  PROPOSALS IN
 RESPONSE TO A REQUEST FOR PROPOSALS PURSUANT  TO  PARAGRAPH  E  OF  THIS
 SUBDIVISION,  PROVISIONS  FOR  THE  RETENTION OR PREFERENCE IN HIRING OF

 A. 7749                             3
 
 SCHOOL BUS WORKERS AND FOR THE PRESERVATION OF  WAGES,  HEALTH,  WELFARE
 AND  RETIREMENT  BENEFITS  AND  SENIORITY FOR SCHOOL BUS WORKERS WHO ARE
 HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING,
 IN  CONNECTION WITH SUCH CONTRACTS AND THE COST OF SUCH PROVISIONS SHALL
 BE IDENTIFIED IN CONTRACTS AWARDED PURSUANT TO THIS SUBPARAGRAPH.    FOR
 PURPOSES  OF  THIS  SUBPARAGRAPH,  "CONTRACTS  FOR THE TRANSPORTATION OF
 SCHOOL CHILDREN" SHALL MEAN CONTRACTS FOR THE TRANSPORTATION  OF  PUPILS
 ATTENDING SCHOOL IN SUCH CITY SCHOOL DISTRICT UNDER WHICH TRANSPORTATION
 SERVICES  ARE  PERFORMED  BY SCHOOL BUS WORKERS; AND "SCHOOL BUS WORKER"
 SHALL MEAN AN OPERATOR, MECHANIC, DISPATCHER OR ATTENDANT WHO:  (I)  WAS
 EMPLOYED AS OF JUNE THIRTIETH, TWO THOUSAND TEN OR AT ANY TIME THEREAFT-
 ER  BY (A) A CONTRACTOR THAT WAS A PARTY TO A CONTRACT WITH THE BOARD OF
 EDUCATION OF A SCHOOL DISTRICT LOCATED IN  A  CITY  WITH  AT  LEAST  ONE
 MILLION INHABITANTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDER-
 GARTEN  THROUGH GRADE TWELVE, IN CONNECTION WITH SUCH CONTRACT, OR (B) A
 SUBCONTRACTOR OF A CONTRACTOR THAT WAS A PARTY TO A  CONTRACT  WITH  THE
 BOARD  OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST
 ONE MILLION INHABITANTS FOR THE TRANSPORTATION  OF  SCHOOL  CHILDREN  IN
 KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH SUCH CONTRACT, AND
 (II)  HAS  BEEN FURLOUGHED OR BECOME UNEMPLOYED AS A RESULT OF A LOSS OF
 SUCH CONTRACT, OR A PART OF SUCH CONTRACT, BY SUCH  CONTRACTOR  OR  SUCH
 SUBCONTRACTOR, OR AS A RESULT OF A REDUCTION IN SERVICE DIRECTED BY SUCH
 BOARD OF EDUCATION DURING THE TERM OF SUCH CONTRACT.
   (3)  BY  JULY  THIRTIETH, TWO THOUSAND TWENTY AND ANNUALLY THEREAFTER,
 THE BOARD OF EDUCATION LOCATED IN A  CITY  WITH  AT  LEAST  ONE  MILLION
 INHABITANTS  SHALL REPORT TO THE DIRECTOR OF THE DIVISION OF THE BUDGET,
 THE SECRETARY TO THE SENATE FINANCE COMMITTEE, AND THE SECRETARY TO  THE
 ASSEMBLY  WAYS  AND  MEANS  COMMITTEE  ON  ANY COMPETITIVE SOLICITATION,
 ISSUED AFTER APRIL FIRST, TWO THOUSAND NINETEEN, UNDERTAKEN FOR THE  TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND THEREAFTER RELAT-
 ING TO CONTRACTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDERGAR-
 TEN  THROUGH GRADE TWELVE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH
 THAT CONTAIN PROVISIONS FOR THE RETENTION OR  PREFERENCE  IN  HIRING  OF
 SCHOOL  BUS  WORKERS  AND FOR THE PRESERVATION OF WAGES, HEALTH, WELFARE
 AND RETIREMENT BENEFITS AND SENIORITY FOR SCHOOL  BUS  WORKERS  WHO  ARE
 HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING,
 IN CONNECTION WITH SUCH CONTRACTS. SUCH REPORT SHALL ADDRESS THE RESULTS
 OF  RETENTION  OR PREFERENCE IN HIRING OF SCHOOL BUS WORKERS AND FOR THE
 PRESERVATION OF WAGES,  HEALTH,  WELFARE  AND  RETIREMENT  BENEFITS  AND
 SENIORITY  FOR SCHOOL BUS WORKERS ASSOCIATED WITH THE CONTRACTS CONTAIN-
 ING SUCH PROVISIONS, A LISTING OF OTHER  PROVISIONS  CONTAINED  IN  SUCH
 CONTRACTS,  AND  THE AVERAGE INCREASE IN COST OF SUCH CONTRACTS, IF ANY,
 AND A DETAILED EXPLANATION FOR SUCH INCREASES.
   § 2. Subdivision 1 of section 3623-a of the education law  is  amended
 by adding a new paragraph g to read as follows:
   G.  NOTWITHSTANDING ANY PROVISION IN THIS SUBDIVISION TO THE CONTRARY,
 FOR A BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT  LOCATED  IN  A  CITY
 WITH  AT  LEAST ONE MILLION INHABITANTS, EXPENDITURES SOLELY FOR SUBSTI-
 TUTE CONTRACTS ELIGIBLE FOR AID PURSUANT TO SUBDIVISION SEVEN OF SECTION
 THIRTY-SIX HUNDRED TWO  OF  THIS  ARTICLE  SHALL  BE  REDUCED,  FOR  THE
 ORIGINAL TERM OF SUCH SUBSTITUTE CONTRACTS, BY THE COSTS ATTRIBUTABLE TO
 PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF SCHOOL BUS WORK-
 ERS  AND  FOR  THE PRESERVATION OF WAGES, HEALTH, WELFARE AND RETIREMENT
 BENEFITS AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE HIRED PURSUANT  TO
 SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING IN CONNECTION WITH
 SUCH  SUBSTITUTE  CONTRACTS,  AS  SUCH  COSTS ARE IDENTIFIED PURSUANT TO

 A. 7749                             4

 SUBPARAGRAPH TWO OF PARAGRAPH A OF SUBDIVISION FOURTEEN OF SECTION THREE
 HUNDRED FIVE OF THIS CHAPTER, AS SUCH IDENTIFIED COSTS MAY  BE  ADJUSTED
 PURSUANT  TO  SUCH SUBSTITUTE CONTRACTS. SUCH IDENTIFIED COSTS SHALL NOT
 INCLUDE  ANY COSTS ATTRIBUTABLE TO WAGES OR BENEFITS, OR TO ANY INCREASE
 IN WAGES OR BENEFITS, OTHER THAN SUCH INCREMENTAL COSTS ATTRIBUTABLE  TO
 PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF SCHOOL BUS WORK-
 ERS  AND  FOR THE _PRESERVATION OF WAGES, HEALTH, WELFARE AND RETIREMENT
 BENEFITS AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE HIRED PURSUANT  TO
 SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING IN CONNECTION WITH
 SUCH  SUBSTITUTE CONTRACTS. FOR THE PURPOSES OF THIS PARAGRAPH: "SUBSTI-
 TUTE CONTRACTS" SHALL MEAN CONTRACTS  FOR  TRANSPORTATION  SERVICES  FOR
 STUDENTS  WITH  DISABILITIES  AND  THEIR  NON-DISABLED  PEERS, PROCURED,
 PURSUANT TO A COMPETITIVE SOLICITATION ISSUED  AFTER  APRIL  FIRST,  TWO
 THOUSAND  NINETEEN,  FOR  THE PURPOSE OF REPLACING EXPIRED OR TERMINATED
 CONTRACTS WHICH HAD BEEN AWARDED PURSUANT TO  REQUEST  FOR  BIDS  NUMBER
 B2192  OR  B2321;  "CONTRACTS  FOR  TRANSPORTATION  SERVICES" SHALL MEAN
 CONTRACTS FOR THE TRANSPORTATION OF PUPILS ATTENDING SCHOOL IN SUCH CITY
 SCHOOL DISTRICT UNDER WHICH TRANSPORTATION  SERVICES  ARE  PERFORMED  BY
 SCHOOL  BUS  WORKERS; AND "ORIGINAL TERM" SHALL MEAN THE INITIAL TERM OF
 THE SUBSTITUTE CONTRACT, OR THE INITIAL TERM OF THE SUBSTITUTE  CONTRACT
 PLUS THE INITIAL TERM OF ANY ADDITIONAL SUBSEQUENT SUBSTITUTE CONTRACTS,
 PROVIDED  THAT  THE  INITIAL  TERM  OF  ANY  SUBSTITUTE CONTRACT AND THE
 INITIAL TERM OF ANY  SUBSEQUENT  SUBSTITUTE  CONTRACTS,  IF  ANY,  SHALL
 EQUAL, FOR PURPOSES OF THIS PARAGRAPH, A CUMULATIVE TOTAL OF FIVE YEARS.
   § 3. This act shall take effect immediately.