S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5408
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sens.  HARCKHAM,  KRUEGER,  MAY, RAMOS -- 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 administration of
   certain funds for zero-emission school buses  and  supporting  infras-
   tructure

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new  section  3639
 to read as follows:
   §  3639.  ADMINISTRATION  OF  FUNDS FOR ZERO-EMISSION SCHOOL BUSES AND
 SUPPORTING INFRASTRUCTURE. 1. AS USED IN  THIS  SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CONTRACTOR" SHALL MEAN THE ENTITY THAT SELLS AN APPROVED ELIGIBLE
 VEHICLE TO THE VEHICLE PURCHASER AND MEETS THE FOLLOWING CRITERIA:
   (I) BE ANY OF THE FOLLOWING TYPES OF ENTITIES:
   (1)  A  TRUCK  OR  BUS  DEALERSHIP THAT HAS A WRITTEN AGREEMENT WITH A
 MEDIUM AND/OR HEAVY-DUTY VEHICLE ORIGINAL  EQUIPMENT  MANUFACTURER,  AND
 SELLS  OR  LEASES COMPLETE ELIGIBLE VEHICLES TO FLEETS OR VEHICLE OWNER-
 OPERATORS.
   (2) AN ORIGINAL EQUIPMENT MANUFACTURER THAT BUILDS AND SELLS OR LEASES
 COMPLETE ELIGIBLE VEHICLES DIRECTLY TO FLEETS  OR  VEHICLE  OWNER-OPERA-
 TORS.
   (3)  A  BUS  UPFIT/RETROFIT  MANUFACTURER THAT HAS A WRITTEN AGREEMENT
 WITH A MEDIUM OR HEAVY-DUTY ORIGINAL EQUIPMENT MANUFACTURER, AND UPFITS,
 RETROFITS, OR  PERFORMS  FINAL  EQUIPMENT  INSTALLATIONS  ON  THOSE  NEW
 REPLACEMENT  OR  REPOWERED  VEHICLES  AND  SELLS OR LEASES THE COMPLETED
 ELIGIBLE VEHICLE TO A LEASING COMPANY, FLEET OR VEHICLE OWNER-OPERATOR.
   (4) A RETROFIT KIT COMPANY THAT PRODUCES  AND  INSTALLS  THE  KITS  ON
 EXISTING VEHICLES, SUCH AS A BATTERY ELECTRIC VEHICLE KIT ON AN EXISTING
 DIESEL-POWERED VEHICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10099-01-5
              

 S. 5408                             2
 
   (II) HAVE A VALID BUSINESS LICENSE FOR THE PAST TWO YEARS; AND
   (III)  BE  THE  ENTITY  THAT  SELLS  OR LEASES THE FULLY ASSEMBLED AND
 COMPLETED NEW ELIGIBLE VEHICLE OR REPOWERED VEHICLE.
   (B) "ELIGIBLE VEHICLE" SHALL MEAN AN ELECTRIC VEHICLE THAT  MEETS  ALL
 NYSERDA'S RULES AND REQUIREMENTS.
   (C) "ORIGINAL EQUIPMENT MANUFACTURER" OR "OEM" SHALL MEAN THE MANUFAC-
 TURER  THAT  BUILDS OR ASSEMBLES, AT A MINIMUM, THE COMPLETED DRIVETRAIN
 AND CHASSIS FOR AN ELIGIBLE VEHICLE.
   (D) "UPFIT/RETROFIT  MANUFACTURER"  SHALL  MEAN  A  MANUFACTURER  THAT
 INSTALLS  EQUIPMENT  ON A TRUCK OR BUS ROLLING CHASSIS PURCHASED FROM AN
 OEM. THE UPFIT/RETROFIT  MANUFACTURER  SHALL  BEAR  FULL  RESPONSIBILITY
 UNDER  FEDERAL LAW FOR ANY VEHICLE DEFECTS AND IS RESPONSIBLE FOR CERTI-
 FYING THE VEHICLE MEETS ALL APPLICABLE FEDERAL SAFETY STANDARDS.
   (E) "SUPPLIER" SHALL MEAN A COMPANY THAT SELLS VEHICLES  OR  COMPONENT
 PARTS   OF   VEHICLES  TO  AN  ORIGINAL  EQUIPMENT  MANUFACTURER  OR  AN
 UPFIT/RETROFIT MANUFACTURER.
   (F) "NEW YORK JOBS PLAN" SHALL MEAN A COMPONENT OF  THE  DOCUMENTATION
 SUBMITTED  DURING  THE ELIGIBILITY APPLICATION PROCESS AND SHALL BE USED
 TO DETERMINE CERTAIN PLUS-UPS AND DEDUCTIONS  FROM  THE  BASE  INCENTIVE
 AMOUNT.    THE NEW YORK JOBS PLAN REFERS TO THE INFORMATION SUBMITTED BY
 THE CONTRACTOR, ITS SUPPLIER, AND ITS MAJOR SUPPLIER  WHICH  STATES  THE
 MINIMUM  NUMBER  OF JOBS; PROPOSED WAGES, BENEFITS, INVESTMENT IN TRAIN-
 ING; TARGETED HIRING PLANS FOR DISPLACED WORKERS AND INDIVIDUALS  FACING
 BARRIERS TO EMPLOYMENT FOR JOBS CREATED OR RETAINED IN NEW YORK; LIFECY-
 CLE EMISSIONS ANALYSIS; USE OF RECYCLED CONTENT; PLANS TO MAXIMIZE REUSE
 AND  RECYCLING  OF  BATTERY;  AND  USE  OF RECYCLED OR RESPONSIBLY MINED
 MINERALS.
   (G) "DISADVANTAGED COMMUNITIES" SHALL HAVE THE SAME MEANING AS DEFINED
 BY SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (H) "DISPLACED WORKERS" SHALL MEAN WORKERS WHO HAVE LOST THEIR JOBS IN
 THE PREVIOUS FIVE YEARS DUE TO LACK OF BUSINESS, A REDUCTION  IN  FORCE,
 OR  OTHER  ECONOMIC,  NONDISCIPLINARY REASON RELATED TO A PANDEMIC OR TO
 THE TRANSITION FROM THE FOSSIL FUEL  INDUSTRY  TO  RENEWABLE  ENERGY  OR
 ELECTRIC  TRANSPORTATION,  AND WHO HAS NOT BEEN ABLE TO SECURE A COMPAR-
 ABLY COMPENSATED POSITION.
   (I) "RESPONSIBLE  MINERAL  SOURCING"  SHALL  MEAN  ORIGINAL  EQUIPMENT
 MANUFACTURER PROCUREMENT PRACTICES FOR COMPONENTS AND RAW MATERIALS THAT
 ENABLE  THE  ORIGINAL  EQUIPMENT  MANUFACTURER  TO ACCURATELY ASSESS AND
 REPORT THE SOCIAL AND ENVIRONMENTAL IMPACT OF MINED MINERALS USED IN THE
 PRODUCTION OF THE VEHICLE, AND IN WHICH THE ORIGINAL EQUIPMENT  MANUFAC-
 TURER  TAKES ACTIVE STEPS TO IMPROVE THE SOCIAL AND ENVIRONMENTAL IMPACT
 OF THE MINED MINERALS USED IN THE PRODUCTION OF THE VEHICLE BY  ENSURING
 THAT  ANY  MINED  MINERALS  USED  IN  THE VEHICLE CONFORM TO THE HIGHEST
 POSSIBLE STANDARDS OF SOCIAL RESPONSIBILITY, INCLUDING FREE, PRIOR,  AND
 INFORMED  CONSENT,  HUMAN  RIGHTS,  LABOR  RIGHTS,  WORKER AND COMMUNITY
 HEALTH  AND  SAFETY,  CONFLICT  INVOLVEMENT,  COMMUNITY  ENGAGEMENT  AND
 CONSULTATION,  AND  CULTURAL HERITAGE, AND ENVIRONMENTAL RESPONSIBILITY,
 INCLUDING WATER MANAGEMENT, AIR QUALITY, GREENHOUSE GAS EMISSIONS, NOISE
 MANAGEMENT, PROTECTION OF ECOSYSTEMS AND BIODIVERSITY, AND MANAGEMENT OF
 TOXINS INCLUDING MERCURY AND CYANIDE. WHENEVER AVAILABLE, STANDARDS  AND
 EVALUATIONS  SHALL  CONFORM  TO  THOSE OF THE INITIATIVE FOR RESPONSIBLE
 MINING ASSURANCE.
   (J) "NYSERDA" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY.
   2. (A) NYSERDA, IN CONSULTATION WITH THE OFFICE  OF  GENERAL  SERVICES
 AND  THE  DEPARTMENT,  SHALL  BE AUTHORIZED TO DEVELOP AND ADMINISTER AN
 S. 5408                             3
 
 INCENTIVE PROGRAM FOR THE  DISTRIBUTION  OF  THE  FIVE  HUNDRED  MILLION
 DOLLARS  ALLOCATED FOR THE COSTS ASSOCIATED WITH THE PURCHASE OR CONVER-
 SION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE AS  SET
 FORTH  IN PARAGRAPH H OF SUBDIVISION ONE OF SECTION 58-0703 OF THE ENVI-
 RONMENTAL CONSERVATION LAW.
   (B) NYSERDA SHALL ESTABLISH GUIDELINES GOVERNING THE QUALIFICATIONS OF
 ELIGIBLE VEHICLES AND SHALL CONSIDER  PROSPECTIVE  VEHICLE  CONTRACTOR'S
 EXPERIENCE,  FINANCIAL  CAPABILITY AND RESPONSIBILITY, AND PAST PERFORM-
 ANCE, INCLUDING PERFORMANCE ON MEETING NEW YORK JOBS PLAN COMMITMENTS.
   3. (A) NYSERDA SHALL DEVELOP PROCEDURES FOR DETERMINING THE  INCENTIVE
 AMOUNTS  FOR ELIGIBLE VEHICLES. AS PART OF THE ELIGIBILITY QUALIFICATION
 PROCESS, NYSERDA SHALL REQUIRE PROSPECTIVE  CONTRACTORS  TO  SUBMIT  NEW
 YORK  JOBS  PLAN INFORMATION FOR ITSELF AS WELL AS THEIR SUPPLIERS. IF A
 CONTRACTOR IS A TRUCK OR BUS DEALERSHIP THAT  HAS  A  WRITTEN  AGREEMENT
 WITH A MEDIUM AND/OR HEAVY-DUTY VEHICLE ORIGINAL EQUIPMENT MANUFACTURER,
 THEN THE CONTRACTOR SHALL SUBMIT NEW YORK JOBS PLAN INFORMATION FROM THE
 ORIGINAL  EQUIPMENT  MANUFACTURER.  AT A MINIMUM, THE NEW YORK JOBS PLAN
 SHALL REQUIRE PROSPECTIVE CONTRACTORS AND THEIR SUPPLIERS TO PROVIDE THE
 FOLLOWING INFORMATION:
   (I) THE MINIMUM NUMBER  OF  FULL-TIME  EQUIVALENT  PERMANENT  JOBS  IN
 PRODUCTION OCCUPATIONS TO BE RETAINED AND CREATED PER TEN VEHICLE SALES;
   (II) THE MINIMUM WAGE LEVELS BY JOB CLASSIFICATION;
   (III) THE MINIMUM AMOUNTS THAT WILL BE PAID FOR FRINGE BENEFITS BY JOB
 CLASSIFICATION;
   (IV)  THE MINIMUM AMOUNTS THAT WILL BE PAID FOR WORKER TRAINING BY JOB
 CLASSIFICATION;
   (V) INFORMATION ON RECRUITMENT AND TRAINING PROGRAMS TARGETED  SPECIF-
 ICALLY  TOWARDS  INDIVIDUALS  FACING  BARRIERS  TO EMPLOYMENT, DISPLACED
 WORKERS AND WORKERS IN DISADVANTAGED COMMUNITIES;
   (VI) INFORMATION ON WHAT STEPS HAVE BEEN TAKEN AND WILL  BE  TAKEN  TO
 IMPLEMENT  THE WORKFORCE DEVELOPMENT REPORT REQUIRED BY PARAGRAPH (C) OF
 SUBDIVISION FIVE OF SECTION THIRTY  SIX  HUNDRED  THIRTY-EIGHT  OF  THIS
 PART,  WITH  RESPECT  TO  TRAINING  AND  RETRAINING  OF EXISTING VEHICLE
 PURCHASER EMPLOYEES;
   (VII) LIFECYCLE EMISSIONS ANALYSIS OF VEHICLE;
   (VIII) THE MINIMUM PERCENT TOTAL VALUES OF RECYCLED CONTENT  IN  CHAS-
 SIS,  BODY,  BATTERY,  AND  MOTOR  ALONG WITH THE TOTAL VALUE OF EACH OF
 THESE COMPONENTS;
   (IX) A PLAN TO MAXIMIZE REUSE AND RECYCLING OF TRACTION BATTERY AT END
 OF USE IN VEHICLES; AND
   (X) A PLAN TO  PURCHASE  MOTORS  MANUFACTURED  USING  RECYCLED  (FIRST
 PRIORITY)  OR  RESPONSIBLY-MINED  (SECOND PRIORITY) COPPER AND BATTERIES
 USING RECYCLED OR RESPONSIBLY-MINED LITHIUM, NICKEL, AND COBALT, ACCORD-
 ING TO THE STANDARDS AND ASSESSMENTS ESTABLISHED BY THE  INITIATIVE  FOR
 RESPONSIBLE MINING ASSURANCE.
   (B) UPON CERTIFICATION OF AN ELIGIBLE VEHICLE, SUCH NEW YORK JOBS PLAN
 INFORMATION SHALL BE INCORPORATED AS A MATERIAL TERM OF THE CONTRACT.
   4. TO DETERMINE THE INCENTIVE AMOUNT FOR EACH ELIGIBLE VEHICLE, NYSER-
 DA  SHALL  SCORE  THE CONTRACTOR'S AND ITS SUPPLIERS' NEW YORK JOBS PLAN
 COMMITMENTS FROM ZERO TO  ONE  HUNDRED  ACCORDING  TO  A  FORMULA  WHICH
 INCLUDES COMPARATIVE ASSESSMENTS OF:
   (A)  ECONOMIC BENEFITS: FIFTY PERCENT. THE PRODUCT OF FULL-TIME EQUIV-
 ALENT POSITIONS CREATED OR  RETAINED  AT  EACH  CLASSIFICATION  AND  THE
 SQUARE  OF EACH CLASSIFICATION'S TOTAL COMPENSATION, WAGES PLUS MONETARY
 FRINGE BENEFITS.
 S. 5408                             4
 
   (B) WORKFORCE DEVELOPMENT: TEN PERCENT. THE TOTAL AMOUNT OF INVESTMENT
 IN WORKER TRAINING FOR EMPLOYEES OF THE OEM OVER THE TWELVE MONTH PERIOD
 PRIOR TO FINAL DELIVERY OF THE VEHICLE.
   (C)  INCLUSION: FIFTEEN PERCENT. A QUALITATIVE EVALUATION OF THE OEM'S
 RECRUITING AND TRAINING PROGRAMS TARGETED SPECIFICALLY TOWARDS  INDIVID-
 UALS FACING BARRIERS TO EMPLOYMENT AND DISPLACED WORKERS.
   (D)  ENVIRONMENTAL  SUSTAINABILITY: TWENTY-FIVE PERCENT. AN INTEGRATED
 EVALUATION OF SUSTAINABLE MANUFACTURING PRACTICES, INCLUDING THE FOLLOW-
 ING FACTORS:
   (I) LIFECYCLE EMISSIONS ANALYSIS: TWENTY-FIVE PERCENT,
   (II) COMMITMENTS FOR PERCENT OF TOTAL VALUE  OF  RECYCLED  CONTENT  IN
 CHASSIS, BODY, BATTERY, AND MOTOR: TWENTY-FIVE PERCENT,
   (III)  QUALITATIVE  EVALUATION OF PLAN TO MAXIMIZE REUSE AND RECYCLING
 OF TRACTION BATTERY: TWENTY-FIVE PERCENT, AND
   (IV) QUALITATIVE EVALUATION OF PLAN FOR RESPONSIBLE SOURCING OF  MOTOR
 AND  BATTERY  MINERALS AND/OR REDUCING MINERAL USE IN THE VEHICLE: TWEN-
 TY-FIVE PERCENT.
   (E) NEW YORK'S REGIONAL EMPLOYMENT BENEFITS: UP TO TEN  PERCENT  BONUS
 POINTS.
   5.  (A)  CONTRACTORS SHALL BE REQUIRED TO PROVIDE QUARTERLY REPORTS TO
 NYSERDA FOR THE FIRST YEAR AFTER CONTRACT AWARD AND THEN ANNUALLY  AFTER
 THAT.  REPORTS  SHALL DETAIL PROGRESS AND COMPLIANCE WITH THEIR NEW YORK
 JOBS PLAN COMMITMENTS AND THE COMMITMENTS OF THEIR  SUPPLIERS  ON  FORMS
 PROVIDED  BY  NYSERDA.  IF ANY SUCH REPORT INDICATES A FAILURE TO COMPLY
 WITH THEIR NEW YORK JOBS PLAN  COMMITMENTS,  NYSERDA  SHALL  NOTIFY  THE
 CONTRACTORS  OF  THEIR  NONCOMPLIANCE  AND  THE  TIME FRAME WITHIN WHICH
 COMPLIANCE MUST BE MET. FAILURE TO COMPLY WITH THEIR COMMITMENTS  WITHIN
 THE  GIVEN  TIME FRAME SHALL RESULT IN FORFEITURE OF THE ENTIRE VALUE OF
 THE VOUCHER.
   (B) NYSERDA SHALL PUBLISH NEW YORK JOBS PLAN COMMITMENTS  AND  REPORTS
 TO  THE  NYSERDA  PUBLIC WEBSITE. NEW YORK JOBS PLANS SHALL BE PUBLISHED
 WITHIN TWO WEEKS OF VEHICLE CERTIFICATION. QUARTERLY  REPORTS  SHALL  BE
 PUBLISHED WITHIN TWO WEEKS OF RECEIPT BY NYSERDA.
   § 2. This act shall take effect immediately.