Assembly Bill A10896

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10896
 
                           I N  A S S E M B L Y
 
                               April 8, 2026
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to delaying the  zero-em-
   ission school bus mandate
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 3 of section 3638 of the education  law,
 as  added  by section 1 of subpart A of part B of chapter 56 of the laws
 of 2022, are amended to read as follows:
   2. (a) No later than July first, two thousand  [twenty-seven]  THIRTY-
 TWO, every school district shall:
   (i)  only purchase or lease zero-emission school buses when purchasing
 or leasing new buses;
   (ii) include requirements in any procurement for school transportation
 services that any contractors providing transportation services for  the
 school  district  must only purchase or lease zero-emission school buses
 when purchasing or leasing new school buses; and
   (iii) include requirements in any procurement for the manufacturing or
 retrofitting of a zero-emission  school  bus  and  charging  or  fueling
 infrastructure  that  the  components  and parts used or supplied in the
 performance of the contract or any subcontract thereto shall be produced
 or made in whole or substantial part in the United States, its  territo-
 ries  or possessions and that final assembly of the zero-emission school
 bus and charging or fueling infrastructure shall  occur  in  the  United
 States, its territories or possessions.
   (b)  The  commissioner, in consultation with the New York state energy
 research and development authority and office of general  services,  may
 waive  the  contracting  requirements set forth in subparagraph (iii) of
 paragraph (a) of this subdivision if the  commissioner  determines  that
 the  requirements  would  not be in the public interest, would result in
 unreasonable costs, or that obtaining such  zero-emission  school  buses
 and  charging  or  fueling  infrastructure  components  and parts in the
 United States would increase the cost of a  school  district's  contract
 for zero-emission school buses and charging or fueling infrastructure by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15426-01-6
 A. 10896                            2
 
 an unreasonable amount, or such zero-emission school busses and charging
 or fueling infrastructure components and parts cannot be produced, made,
 or assembled in the United States in sufficient and reasonably available
 quantities  or  of satisfactory quality. Such determination must be made
 on an annual basis no later than December thirty-first, after  providing
 notice  and  an  opportunity  for  public  comment, and be made publicly
 available, in writing, on  the  department's  website  with  a  detailed
 explanation  of  the  findings  leading  to  such  determination. If the
 commissioner has issued determinations for three consecutive years  that
 no such waiver is warranted pursuant to this paragraph, then the commis-
 sioner  shall no longer be required to provide the annual determinations
 required by this paragraph.
   3. No later than July first, two thousand [thirty-five]  FORTY,  every
 school district shall:
   (a) only operate and maintain zero-emission school buses; and
   (b)  include requirements in any procurement for school transportation
 services that any contractors providing transportation services for  the
 school  district  must  only  operate  zero-emission  school  buses when
 providing such transportation services to the school district.
   § 2. This act shall take effect immediately.