Senate Bill S8547

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8547
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             October 24, 2025
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, the local finance law and  the  envi-
   ronmental conservation law, in relation to removing references related
   to  the  electric  school  bus  mandate; to amend the education law in
   relation to prohibiting mandates requiring  school  districts  to  use
   certain types of school buses; and to repeal certain provisions of the
   education  law,  the  public  authorities  law  and  the environmental
   conservation law relating to electric school buses
 
   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  Section  3638  of the education law is REPEALED and a new
 section 3638 is added to read as follows:
   § 3638. SCHOOL BUSES. 1. THERE SHALL BE NO  MANDATE  REQUIRING  SCHOOL
 DISTRICTS  TO  PURCHASE,  OPERATE OR MAINTAIN ANY CERTAIN TYPE OF SCHOOL
 BUSES.
   2. THE SUPERINTENDENT OF EACH SCHOOL  DISTRICT  SHALL  HAVE  THE  SOLE
 AUTHORITY  TO DETERMINE THE TYPES OF SCHOOL BUSES TO BE PURCHASED, OPER-
 ATED AND MAINTAINED BY SUCH SCHOOL DISTRICT. A SUPERINTENDENT  MAY  MAKE
 OR CHANGE SUCH DECISION AT ANY TIME.
   3.  THE  DEPARTMENT SHALL NOT HAVE THE POWER TO OVERRULE A SUPERINTEN-
 DENT'S DECISION ABOUT THE TYPES OF SCHOOL BUSES THAT WILL BE  PURCHASED,
 OPERATED AND MAINTAINED BY SUCH SUPERINTENDENT'S SCHOOL DISTRICT.
   §  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 law is REPEALED.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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13639-01-5
              

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 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,] 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 transportation storage facility
 or site in an amount less than ten thousand dollars. Such assumed  amor-
 tization  shall  provide  for equal semiannual payments of principal and
 interest based on an assumed interest rate established  by  the  commis-
 sioner  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 commis-
 sioner shall require for  all  capital  debt  incurred  by  such  school
 district  during the preceding school year for expenses allowable pursu-
 ant 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,  as amended by section 5 of subpart A of part B of chapter
 56 of the laws of 2022, is amended to read as follows:
   29. Motor vehicles. The purchase of a motor vehicle, five  years.  The
 term  "motor vehicle," as used in this subdivision, shall mean a vehicle
 propelled by any power other than muscular power, except
   (a) a passenger vehicle, other than a school  bus,  having  a  seating
 capacity of less than ten persons,
   (b) a vehicle used for fighting fires,
   (c)  a  motor  cycle,  traction  engine, and electric truck with small
 wheels used in warehouses and railroad stations and a vehicle which runs
 only upon rails or tracks,
   (d) machinery or apparatus for which a period of  probable  usefulness
 has been determined by subdivision twenty-eight of this paragraph, and
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   (e)  a  vehicle which is specially designed for use for the treatment,
 care or transport of sick or injured persons[, and
   (f)  a  zero-emission  school bus as defined in section three thousand
 six hundred thirty-eight of the education law].
   § 6. 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 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 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-
 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 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 chapter 563 of the laws of 2024,  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,
 eight 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.
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   §  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. This act shall take effect immediately.