S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6182
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. CURRAN -- read once and referred to the Committee
   on Education
 
 AN  ACT to amend the education law, in relation to the annual extensions
   of transportation contracts for school districts
 
   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.  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.
                                                            LBD10523-01-3
              

 A. 6182                             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) are made by the  board  of  education  or  the  trustee  of  a
 district,  under  rules  and regulations prescribed by the commissioner,
 and, (2) do not extend the original contract period  beyond  five  years
 from  the date cafeteria and restaurant service commenced thereunder and
 in the case of contracts for the transportation of pupils, for the main-
 tenance 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) 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 consum-
 er  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) 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 consum-
 ers (CPI-U), during the [preceding] twelve month period ENDING ON DECEM-
 BER THIRTY-FIRST IMMEDIATELY PRECEDING THE COMMENCEMENT OF THE  CONTRACT
 EXTENSION,  provided  it  has  been  satisfactorily  established  by the
 contractor that there has been at least an equivalent  increase  in  the
 amount of his cost of operation, during the period of the contract.
   § 2. This act shall take effect immediately.