NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8447
SPONSOR: Palmesano TITLE OF BILL:
An act to amend the education law and the public authorities law, in
relation to the availability and purchase of zero-emission school buses
PURPOSE OR GENERAL IDEA OF BILL:
Delays the statewide implementation of the zero-emission school bus
mandate until 2045 or until all state agencies convert their fleets and
sets other benchmarks that the State Education Department and other
state agencies must meet in relation to the full implementation of the
mandate.
SUMMARY OF PROVISIONS:
Section 1 amends various subdivisions of section. 3638 of Education law
to delay the requirement that all new school bus purchases or leases
completed on or after July 1, 2027 must be zero-emission vehicles until
July 1, 2045 or until all state agencies have transitioned one hundred
percent of their medium- and heavy-duty vehicle fleets to zero-emission
vehicles, whichever is later, and authorizes the Cotmissioner of Educa-
tion, in consultation with the NYISO, utilities, and the Department of
Public Service, to override the mandate if it is determined that zero-
emission school buses are not feasible for a particular application;
repeals the requirement that all school bus fleets in operation must be
zero-emission.by July 1, 2035; requires all components and parts used or
supplied in zero-emission school buses or related infrastructure be made
in whole or substantial part in the United States; and directs the
Commissioner of Education to complete a cost-benefit analysis for each
school district that considers the costs necessary to comply with the
zero-emission school bus mandate and provide an extension to such
schools if necessary.
Section 2 amends section 1859 of the Public Authorities Law to direct
NYSERDA to consult with the Office of Fire Prevention and Control to
develop appropriate fire suppression and safety procedures related to
lithium and hydrogen-based fires which NYSERDA must transmit to school
districts as part of the technical assistance requirements of the zero-
emission school bus mandate.
Section 3 sets the effective date.
JUSTIFICATION:
The zero-emission school bus mandate that was implemented in the Fiscal
Year 2022-23 Enacted Budget has placed an onerous mandate on school
districts which must be adopted on an aggressive timeline. It is still
to be determined if the mandate is feasible according to the established
timeline, especially for upstate and rural school districts which face
vastly different constraints from their downstate peers. Further, school
districts should not have to navigate the complexities, or face the
significant expenses, of converting their bus fleets until all state
agencies fully transitioned their medium- and heavy-duty vehicles to
zero-emission vehicles.
The current zero-emission school bus mandate also overlooks or neglects
to impose restrictions on the incorporation of components or parts used
in the production of zero-emission buses and their associated infras-
tructure, some of which may be derived from sources and methods antith-
etical to the values of New Yorkers, such as foreign mining operations
with hazardous working conditions including child labor. It also does
not require the state to work with school districts to develop detailed
cost-benefit analyses that examine the costs of transitioning their
fleets, nor does it direct the state to transmit safety. procedures
related to lithium or hydrogen-based battery fires that will undoubtedly
become more prevalent as a result of this mandate.
This legislation attempts to remedy these issues by instituting common
sense reforms to the mandate that will provide school districts with the
flexibility and guidance they need to adapt to these new requirements.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined..
EFFECTIVE DATE:
This act shall take. effect immediately; provided, however, that the
amendments to subdivision 6 of section 3638 of the education law made by
section one of this act shall not affect the repeal of such subdivision
and shall be deemed repealed therewith.
