Senate Bill S3586

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3586
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2025
                                ___________
 
 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, in relation to ensuring zero-emission
   school buses and major components thereof are manufactured and  assem-
   bled  within the United States and providing for waivers of zero-emis-
   sion school bus requirements in certain circumstances
 
   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, 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

              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08115-01-5
 S. 3586                             2

 United  States  would  increase the cost of a school district's contract
 for zero-emission school buses and charging or fueling infrastructure by
 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,  every  school
 district shall:
   [(a)] (I) only operate and maintain zero-emission school buses; and
   [(b)]  (II)  include requirements in any procurement for school trans-
 portation  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.
   3. (A) THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENER-
 GY  RESEARCH  AND  DEVELOPMENT AUTHORITY AND OFFICE OF GENERAL SERVICES,
 MAY WAIVE THE CONTRACTING REQUIREMENTS SET FORTH  IN  SUBPARAGRAPHS  (I)
 AND  (II)  OF PARAGRAPH (A) AND PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
 SECTION 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 AN UNREASONABLE AMOUNT, OR
 SUCH ZERO-EMISSION SCHOOL BUSES 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 WRIT-
 ING, 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 COMMISSIONER SHALL NO
 LONGER BE REQUIRED TO PROVIDE THE ANNUAL DETERMINATIONS REQUIRED BY THIS
 PARAGRAPH.
   (B) WHERE A WAIVER IS GRANTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION,
 THE SCHOOL DISTRICT ISSUED SUCH WAIVER SHALL INCLUDE REQUIREMENTS IN ANY
 PROCUREMENT FOR THE MANUFACTURING OR RETROFITTING OF A  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  TERRITORIES  OR POSSESSIONS AND THAT FINAL ASSEMBLY OF THE
 SCHOOL BUS AND CHARGING OR FUELING INFRASTRUCTURE  SHALL  OCCUR  IN  THE
 UNITED STATES, ITS TERRITORIES OR POSSESSIONS.
   § 2. This act shall take effect immediately.