NY State Senate Bill 2023-S8467

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Feb 01, 2024	referred to education

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2023-S8467 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Rpld §3638, §3623-a sub 2 ¶f, amd §§3602, 3623-a, 1604 & 1709, Ed L; rpld §11.00 ¶a sub 29, amd §11.00, Loc Fin L; rpld §1854 subs 22 & 23, §1884, Pub Auth L; rpld §58-0703 sub 1 ¶h, amd §58-0701, En Con L

2023-S8467 (ACTIVE) - Summary

Eliminates the zero-emission school bus mandate; authorizes the New York state energy research and development authority conduct a study to determine the feasibility of converting school busses to zero-emission vehicles.

2023-S8467 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8467REVISED 2/9/2024

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the education law, the local finance law, the environ-
mental conservation law and the public authorities law, in relation to
removing references related to the electric school bus mandate; and to
repeal certain provisions of the education law, the local finance law,
the public authorities law and the environmental conservation law relat-
ing to electric busses; and authorizing a study by the New York state
energy research and development authority to determine the feasibility
of converting school busses to zero-emission vehicles

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would repeal section 3638 of the education law which concerns
the electric school bus mandate, and all references to the mandate for
electric school buses in law, and direct NYSERDA to conduct a study and
make recommendations on the feasibility of converting school bus fleets
in the state of New York to zero-emission vehicles.

SUMMARY OF PROVISIONS:

Section 1 REPEALS section 3638 of the education law.

Section 2 REPEALS paragraph f of subdivision 7 of section 3623-a of the
education law.

Section 3 amends paragraph e of subdivision 7 of section 3602 of the
education law removes the period of 12 years for the assumed amorti-
zation for zero-emission buses for the 2022-2023 school year and there-
after, removes charging stations and hydrogen fueling stations from the
list of the purchase contracts or leases school districts enter for
transportation.

Section 4 amends subparagraph 7 of paragraph e of subdivision 1 of
section 3623-a of the education law by removing the section of law that
states fuel shall include electricity used to charge or hydrogen used to
refuel zero-emission school buses for the aid able transportation of
pupils.

Section 5 REPEALS subdivision 29 of paragraph a of section 11.00 of the
local finance law.

Section 6 amends subdivision 21-a of section 1604 of the education law
by removing the twelve-year lease for zero-emission school buses.

Section 7 amends paragraph i of subdivision 25 of section 1709 of the
education law by removing the twelve-year lease for zero-emission school
buses.

Section 8 amends subdivision 29-a of paragraph a of section 11.00 of the
local finance law by removing the purchase of zero-emission school buses
owned by a school district, city school district, or board of cooper-
ative education services.

Section 9 REPEALS subdivisions 22 and 23 of section 1854 of the public
authorities law.
Section 10 REPEALS section 1884 of the public authorities law.

Section 11 amends the opening paragraph of section 58-0701 of the envi-
ronmental conservation law by removing five hundred million dollars for
costs associated with the purchase of or conversion to zero emission
school buses and supporting infrastructure.

Section 12 REPEALS paragraph h if subdivision 1 of section 58-0703 of
the environmental conservation law.

Section 13 adds that The New York state energy research and development
authority (NYSERDA) is herby directed to study and make recommendations
on the feasibility of converting school buses in the state of New York
to zero-emission vehicles. Such study shall include, but not be limited
to:

(a) Analysis of the feasibility of conversion in rural, suburban, or
urban school districts.

(b) The costs of supporting the necessary infrastructure for zero-emis-
sion school buses.

(c) The costs of upgrading or replacing conventional school buses with
zero-emission school buses.

Within one year after the effective date of this act, NYSERDA shall
submit a report of the findings and recommendations to the governor, the
temporary president of the senate, the minority leader of the senate,
the speaker of the assembly, the minority leader of the assembly, and
the chairs and ranking members of the senate and assembly committees on
health and shall post such report on NYSERDA's website.

Section 14 provides that the act shall take effective immediately.

 
JUSTIFICATION:

The electric bus mandates were passed in the 2022-23 state budget to
help the state meet the lower emissions targets of the Climate Leader-
ship and Community Protection Act (CLCPA). The requirements are that new
school bus purchases be zero emission by 2027 and all school buses in
operation be zero emission by 2035.

This legislation will lift the electric school bus mandate to facilitate
a thorough study without immediate policy implications.  The study will
equip policymakers with reliable data to make informed decisions on the
viability of electric school buses and will help change current and
future policies to better assist in the integration of electric school
buses in our various regions in New York State.

Such study done by NYSERDA will include an analysis of the feasibility
of conversion in rural, suburban, and urban school districts, the costs
of supporting the necessary infrastructure for zero-emission school
buses, and the costs of upgrading or replacing conventional school buses
with zero-emission school buses. It's time that Albany realizes how
unrealistic, costly, and unsafe this mandate is.

A new, full-size electric bus costs $400,000 - $450,000 - triple the
price of a conventional bus which is approximately $145,000. With 45,000
school buses in the state, full conversion by 2035 will cost approxi-
mately $20 billion. The cost over and above what school districts
already pay for replacement buses is projected at between $8 billion and
$15 billion statewide. These totals don't even include the required
infrastructure upgrades including installation of charging stations,
electrical improvements, bus garage renovations and so on. Without ques-
tion, the $100 million in grants the state just made available for elec-
tric school bus purchases won't be nearly enough. That amount is enough
to fund about 250 buses statewide. With over 800 school districts state-
wide, that isn't even one bus per district. Even the additional $400
million to be allocated in future rounds won't make a dent in the cost
of conversion.

Funding isn't the only problem with this mandate. There are other issues
particularly important to rural districts that haven't been adequately
considered. Frigid temperatures decrease traveling range due to electric
vehicles failing to operate and charge properly in extremely cold weath-
er, which could affect school bus routes in the coldest portions of the
state specifically, rural regions of the state. School buses are also
used for other purposes including trips to athletic events and field
trips, which often involve exceeding the roughly 100 mile range a bus
can travel on a single charge.

This costly transition will continue to weigh heavily on our poor rural
school districts and the property taxpayers in those districts.  Over-
all, the electric bus mandate, like much of New York's climate agenda,
is being rushed into place without adequate funding, regional flexibili-
ty, or input from stakeholders. Those who stand to lose the most from
this unfunded mandate are, once again, New York State taxpayers.

In conclusion, this legislation seeks to facilitate a thorough and unbi-
ased assessment of electric school bus feasibility, costs of infrastruc-
ture, and costs of upgrading or replacing, ensuring that future policies
align with the practical considerations of our diverse settings in our
state.

 
EFFECTIVE DATE:
The legislation would take effective immediately upon adoption.

2023-S8467 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8467
 
                             I N  S E N A T E
 
                             February 1, 2024
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, the local finance law,  the  environ-
   mental conservation law and the public authorities law, in relation to
   removing references related to the electric school bus mandate; and to
   repeal certain provisions of the education law, the local finance law,
   the  public  authorities  law  and  the environmental conservation law
   relating to electric busses; and authorizing a study by the  New  York
   state  energy  research  and  development  authority  to determine the
   feasibility of converting school busses to zero-emission vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3638 of the education law is REPEALED.
   §  2.  Paragraph f of subdivision 2 of section 3623-a of the education
 law is REPEALED.
   § 3. Paragraph e of subdivision 7 of section  3602  of  the  education
 law, as amended by section 3 of subpart A of part B of chapter 56 of the
 laws of 2022, is amended to read as follows:
   e.  In  determining  approved transportation capital, debt service and
 lease expense for aid payable in the two thousand five--two thousand six
 school  year  and  thereafter,  the  commissioner,  after  applying  the
 provisions  of  paragraph  c  of this subdivision to such expense, shall
 establish an assumed amortization pursuant to this paragraph  to  deter-
 mine  the approved capital, debt service and lease expense of the school
 district that is aidable in the current year, whether or not the  school
 district  issues  debt  for  such expenditures, subject to any deduction
 pursuant to paragraph d of this subdivision. Such  assumed  amortization
 shall  be  for a period of five years, [and for the two thousand twenty-
 two--two thousand twenty-three school year and thereafter  such  assumed
 amortization  for zero-emission school buses as defined in section thir-
 ty-six hundred thirty-eight of this article and related  costs  pursuant
 to  paragraph f of subdivision two of section thirty-six hundred twenty-
 three-a of this article shall be for a  period  of  twelve  years,]  and
 shall  commence  twelve  months  after the school district enters into a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14323-02-4
 S. 8467                             2
 
 purchase contract or lease of the school bus[, charging station,  hydro-
 gen  fueling  station],  or  equipment,  or  a  general contract for the
 construction, reconstruction, lease  or  purchase  of  a  transportation
 storage  facility  or  site in an amount less than ten thousand dollars.
 Such assumed amortization shall provide for equal semiannual payments of
 principal and interest based on an assumed interest rate established  by
 the commissioner pursuant to this paragraph. By the first day of Septem-
 ber of the current year commencing with the two thousand five--two thou-
 sand  six school year, each school district shall provide to the commis-
 sioner in a format prescribed by the commissioner  such  information  as
 the  commissioner  shall  require  for all capital debt incurred by such
 school district during the preceding school year for expenses  allowable
 pursuant to subdivision two of section thirty-six hundred twenty-three-a
 of  this article. Based on such reported amortizations and a methodology
 prescribed by the commissioner in regulations,  the  commissioner  shall
 compute  an  assumed  interest  rate that shall equal the average of the
 interest rates applied to all such  debt  issued  during  the  preceding
 school  year.  The  assumed  interest rate shall be the interest rate of
 each such school  district  applicable  to  the  current  year  for  the
 purposes  of  this paragraph and shall be expressed as a decimal to five
 places rounded to the nearest eighth of one-one hundredth.
   § 4. Subparagraph 7 of paragraph e of subdivision 1 of section  3623-a
 of  the education law, as amended by section 4 of subpart A of part B of
 chapter 56 of the laws of 2022, is amended to read as follows:
   (7) fuel, oil, tires,  chains,  maintenance  and  repairs  for  school
 buses[,  provided  that for purposes of this article, fuel shall include
 electricity used to charge or  hydrogen  used  to  refuel  zero-emission
 school  buses  for  the  aidable transportation of pupils, but shall not
 include electricity or hydrogen used for other purposes];
   § 5. Subdivision 29 of paragraph a  of  section  11.00  of  the  local
 finance law is REPEALED.
   § 6. Subdivision 21-a of section 1604 of the education law, as amended
 by  section  6 of subpart A of part B of chapter 56 of the laws of 2022,
 is amended to read as follows:
   21-a. To lease a motor vehicle or vehicles to be used for  the  trans-
 portation  of the children of the district from a school district, board
 of cooperative educational services or county vocational  education  and
 extension board or from any other source, under the conditions specified
 in  this subdivision. No such agreement for the lease of a motor vehicle
 or vehicles shall be for a term of more than one school  year,  provided
 that  when  authorized by a vote of the qualified voters of the district
 such lease may have a term of up to five years[, or twelve years for the
 lease of zero-emission school buses as  defined  in  section  thirty-six
 hundred  thirty-eight  of  this  chapter]. Where the trustee or board of
 trustees enter into a lease of a motor vehicle or vehicles  pursuant  to
 this  subdivision for a term of one school year or less, such trustee or
 board shall not be authorized to enter into another lease for  the  same
 or  an  equivalent replacement vehicle or vehicles, as determined by the
 commissioner, without obtaining approval of the qualified voters of  the
 school district.
   §  7.  Paragraph  i of subdivision 25 of section 1709 of the education
 law, as amended by section 7 of subpart A of part B of chapter 56 of the
 laws of 2022, is amended to read as follows:
   i. In addition to the authority granted in paragraph e of this  subdi-
 vision,  the  board  of  education  shall be authorized to lease a motor
 vehicle or vehicles to be used for the transportation of the children of
 S. 8467                             3
 
 the district from sources other than a school district, board of cooper-
 ative educational services or county vocational education and  extension
 board  under  the conditions specified in this paragraph. No such agree-
 ment for the lease of a motor vehicle or vehicles shall be for a term of
 more  than  one  school year, provided that when authorized by a vote of
 the qualified voters of the district such lease may have a term of up to
 five years[, or twelve years for the lease of zero-emission school buses
 as defined in section thirty-six hundred thirty-eight of this  chapter].
 Where  the board of education enters a lease of a motor vehicle or vehi-
 cles pursuant to this paragraph for a term of one school year  or  less,
 such  board  shall  not be authorized to enter into another lease of the
 same or an equivalent replacement vehicle or vehicles, as determined  by
 the commissioner, without obtaining approval of the voters.
   §  8.  Subdivision  29-a  of paragraph a of section 11.00 of the local
 finance law, as amended by section 8 of subpart A of part B  of  chapter
 56 of the laws of 2022, is amended to read as follows:
   29-a.  Transit motor vehicles. The purchase of municipally owned omni-
 bus or similar surface transit  motor  vehicles,  ten  years[;  and  the
 purchase  of  zero-emission  school  buses  owned  by  a school district
 defined pursuant to paragraph two of section 2.00  of  this  chapter,  a
 city  school district with a population of more than one hundred twenty-
 five thousand inhabitants, or board of cooperative educational services,
 twelve years].
   § 9. Subdivisions 22 and 23 of section 1854 of the public  authorities
 law are REPEALED.
   § 10. Section 1884 of the public authorities law is REPEALED.
   §  11.  Section  58-0701  of  the  environmental  conservation law, as
 amended by section 7 of part OO of chapter 58 of the laws  of  2022,  is
 amended to read as follows:
 § 58-0701. Allocation of moneys.
   Of the moneys received by the state from the sale of bonds pursuant to
 the  environmental  bond  act  of  2022,  up to one billion five hundred
 million dollars ($1,500,000,000) shall be made available  for  disburse-
 ments  for  climate  change  mitigation  projects  developed pursuant to
 section 58-0703 of this  title.  Not  less  than  four  hundred  million
 dollars  ($400,000,000)  of  this  amount  shall  be available for green
 buildings  projects,  not  less  than  one   hundred   million   dollars
 ($100,000,000)  for  climate adaptation and mitigation projects pursuant
 to paragraph c of subdivision one of section 58-0703 of this title,  not
 less  than two hundred million dollars ($200,000,000) shall be available
 for disbursement to reduce or eliminate water pollution or air pollution
 affecting disadvantaged communities pursuant to paragraphs f  and  g  of
 subdivision  one  of  section  58-0703 of this title[, and not less than
 five hundred million dollars ($500,000,000) for  costs  associated  with
 the purchase of or conversion to zero emission school buses and support-
 ing  infrastructure  as  set  forth in paragraph h of subdivision one of
 section 58-0703 of this title].
   § 12. Paragraph h of subdivision 1 of section 58-0703 of the  environ-
 mental conservation law is REPEALED.
   §  13. 1. The New York state energy research and development authority
 (NYSERDA) is hereby directed to study and make  recommendations  on  the
 feasibility  of  converting  school  busses  in the state of New York to
 zero-emission vehicles.
   2. Such study shall include, but not be limited to:
   (a) analysis of the feasibility of conversion in rural,  suburban,  or
 urban school districts;
 S. 8467                             4
 
   (b)  the costs of supporting the necessary infrastructure for zero-em-
 ission school busses; and
   (c)  the  costs  of  upgrading or replacing conventional school busses
 with zero-emission school busses.
   3. Within one year after the effective date of this act, NYSERDA shall
 submit a report of the findings and recommendations pursuant to this act
 to the governor, the temporary president of  the  senate,  the  minority
 leader  of  the senate, the speaker of the assembly, the minority leader
 of the assembly, and the chairs and ranking members of  the  senate  and
 assembly  committees  on  health and shall post such report on NYSERDA's
 website.
   § 14. This act shall take effect immediately.

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Senate Bill S8467

Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2023-S8467 (ACTIVE) - Details

2023-S8467 (ACTIVE) - Summary

2023-S8467 (ACTIVE) - Sponsor Memo

2023-S8467 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8467

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Sponsored By

Current Bill Status - In Senate Committee Education Committee

co-Sponsors

2023-S8467 (ACTIVE) - Details

2023-S8467 (ACTIVE) - Summary

2023-S8467 (ACTIVE) - Sponsor Memo

2023-S8467 (ACTIVE) - Bill Text download pdf

Comments