S T A T E O F N E W Y O R K
________________________________________________________________________
7289
2023-2024 Regular Sessions
I N A S S E M B L Y
May 17, 2023
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to amendments to trans-
portation contracts for the purpose of zero-emission school bus
compliance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph d of subdivision 14 of section 305 of the educa-
tion law, as added by chapter 552 of the laws of 1995, is amended to
read as follows:
d. Notwithstanding the provisions of paragraphs a, b and c of this
subdivision, the board of education or the trustee of a district and a
contractor providing pupil transportation services to such district may
amend a contract for pupil transportation services upon a finding that
such amendment is necessary to comply with any federal, state or local
law, rule or regulation imposed after the execution of such contract, or
to enhance the safety of pupil transportation, as determined by the
board or trustee subject to the approval of the commissioner pursuant to
regulations which shall require demonstrable enhancements in pupil safe-
ty and/or increased savings consistent with maintaining pupil safety.
Such amendment shall cause no additional cost to the state, locality or
school district UNLESS SUCH AMENDMENT IS NECESSARY TO COMPLY WITH THE
STATEWIDE TRANSITION TO ZERO-EMISSION SCHOOL BUSES PURSUANT TO SECTION
THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS CHAPTER AND THE AMENDMENT
RESULTS IN A ONE-TIME CONTRACT MODIFICATION THAT PROVIDES FOR A SINGLE
YEAR INCREASE LESS THAN TWO TIMES THE RATE OF CHANGE IN THE CONSUMER
PRICE INDEX OR THE AMENDMENT RESULTS IN A ONE-TIME CONTRACT MODIFICATION
THAT RECEIVES PRIOR APPROVAL OF THE COMMISSIONER AND PROVIDES FOR A
SINGLE YEAR INCREASE LESS THAN THREE TIMES THE RATE OF CHANGE IN THE
CONSUMER PRICE INDEX. THE ADDITIONAL CONTRACT COST SHALL COVER ONLY
REASONABLE AND NECESSARY EXPENSES FOR SUCH TRANSITION. THE COMMISSIONER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11418-02-3
A. 7289 2
SHALL PROMULGATE REGULATIONS REGARDING THE CRITERIA FOR APPROVING SUCH
CONTRACT. FOR PURPOSES OF THIS PARAGRAPH, CONSUMER PRICE INDEX SHALL BE
CALCULATED PURSUANT TO REGULATIONS OF THE COMMISSIONER. The commissioner
shall not approve such an amendment if the commissioner finds that it
circumvents the competitive bidding requirements contained in paragraph
a of this subdivision, or otherwise violates this section or any other
provision of law, or fails to increase or maintain the safety of pupil
transportation.
§ 2. This act shall take effect July 1, 2023; provided, however, that
the amendments to paragraph d of subdivision 14 of section 305 of the
education law made by section one of this act shall not affect the expi-
ration and repeal of such paragraph and shall be deemed repealed there-
with. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.