S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8003
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 lease terms for  zero-
   emission school buses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 21-a of section 1604 of the education  law,  as
 amended  by  chapter  563  of  the  laws  of 2024, 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 [eight] TWELVE  years
 for  the lease of zero-emission school buses as defined in section thir-
 ty-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.
   § 2. Paragraph i of subdivision 25 of section 1709  of  the  education
 law,  as  amended by chapter 563 of the laws of 2024, 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
 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-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13103-01-5
 S. 8003                             2
 
 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  [eight]  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 vehicles 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.
   § 3. Paragraph e of subdivision 7 of section  3602  of  the  education
 law,  as  amended by chapter 563 of the laws of 2024, 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 eight years, PROVIDED
 THAT WHERE A DISTRICT ENTERS INTO A LEASE AGREEMENT  LONGER  THAN  EIGHT
 YEARS SUCH ASSUMED AMORTIZATION PERIOD SHALL BE THE LENGTH OF SUCH LEASE
 AGREEMENT,  and  shall  commence twelve months after the school district
 enters into a purchase contract or lease of  the  school  bus,  charging
 station,  hydrogen  fueling station, or equipment, or a general contract
 for the construction, reconstruction, lease or purchase of a transporta-
 tion 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  September  of the current year commencing with the two thousand
 five--two thousand six school year, each school district  shall  provide
 to  the  commissioner  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 amorti-
 zations 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 inter-
 est 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.  This  act  shall  take  effect on the same date and in the same
 manner as chapter 563 of the laws of 2024, takes effect.