S 3586: Ensures zero-emission school buses and major components thereof are manufactured and assembled within the United States; provides for waivers of zero-emission school bus requirements in certain circumstances.

  
  STATE OF NEW YORK ________________________________________________________________________ 3586 2025-2026 Regular Sessions  IN SENATE 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: 1 Section 1. Subdivisions 2 and 3 of section 3638 of the education law, 2 as added by section 1 of subpart A of part B of chapter 56 of the laws 3 of 2022, are amended to read as follows: 4 2. (a) No later than July first, two thousand twenty-seven, every 5 school district shall: 6 (i) only purchase or lease zero-emission school buses when purchasing 7 or leasing new buses; 8 (ii) include requirements in any procurement for school transportation 9 services that any contractors providing transportation services for the 10 school district must only purchase or lease zero-emission school buses 11 when purchasing or leasing new school buses; and 12 (iii) include requirements in any procurement for the manufacturing or 13 retrofitting of a zero-emission school bus and charging or fueling 14 infrastructure that the components and parts used or supplied in the 15 performance of the contract or any subcontract thereto shall be produced 16 or made in whole or substantial part in the United States, its territo- 17 ries or possessions and that final assembly of the zero-emission school 18 bus and charging or fueling infrastructure shall occur in the United 19 States, its territories or possessions. 20 (b) [The commissioner, in consultation with the New York state energy 21 research and development authority and office of general services, may 22 waive the contracting requirements set forth in subparagraph (iii) of 23 paragraph (a) of this subdivision if the commissioner determines that 24 the requirements would not be in the public interest, would result in 25 unreasonable costs, or that obtaining such zero-emission school buses 26 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 1 United States would increase the cost of a school district's contract 2 for zero-emission school buses and charging or fueling infrastructure by 3 an unreasonable amount, or such zero-emission school busses and charging 4 or fueling infrastructure components and parts cannot be produced, made, 5 or assembled in the United States in sufficient and reasonably available 6 quantities or of satisfactory quality. Such determination must be made 7 on an annual basis no later than December thirty-first, after providing 8 notice and an opportunity for public comment, and be made publicly 9 available, in writing, on the department's website with a detailed 10 explanation of the findings leading to such determination. If the 11 commissioner has issued determinations for three consecutive years that 12 no such waiver is warranted pursuant to this paragraph, then the commis- 13 sioner shall no longer be required to provide the annual determinations 14 required by this paragraph. 15 3.] No later than July first, two thousand thirty-five, every school 16 district shall: 17 [(a)] (i) only operate and maintain zero-emission school buses; and 18 [(b)] (ii) include requirements in any procurement for school trans- 19 portation services that any contractors providing transportation 20 services for the school district must only operate zero-emission school 21 buses when providing such transportation services to the school 22 district. 23 3. (a) The commissioner, in consultation with the New York state ener- 24 gy research and development authority and office of general services, 25 may waive the contracting requirements set forth in subparagraphs (i) 26 and (ii) of paragraph (a) and paragraph (b) of subdivision two of this 27 section if the commissioner determines that the requirements would not 28 be in the public interest, would result in unreasonable costs, or that 29 obtaining such zero-emission school buses and charging or fueling 30 infrastructure components and parts in the United States would increase 31 the cost of a school district's contract for zero-emission school buses 32 and charging or fueling infrastructure by an unreasonable amount, or 33 such zero-emission school buses and charging or fueling infrastructure 34 components and parts cannot be produced, made, or assembled in the 35 United States in sufficient and reasonably available quantities or of 36 satisfactory quality. Such determination must be made on an annual basis 37 no later than December thirty-first, after providing notice and an 38 opportunity for public comment, and be made publicly available, in writ- 39 ing, on the department's website with a detailed explanation of the 40 findings leading to such determination. If the commissioner has issued 41 determinations for three consecutive years that no such waiver is 42 warranted pursuant to this paragraph, then the commissioner shall no 43 longer be required to provide the annual determinations required by this 44 paragraph. 45 (b) Where a waiver is granted under paragraph (a) of this subdivision, 46 the school district issued such waiver shall include requirements in any 47 procurement for the manufacturing or retrofitting of a school bus and 48 charging or fueling infrastructure that the components and parts used or 49 supplied in the performance of the contract or any subcontract thereto 50 shall be produced or made in whole or substantial part in the United 51 States, its territories or possessions and that final assembly of the 52 school bus and charging or fueling infrastructure shall occur in the 53 United States, its territories or possessions. 54 § 2. This act shall take effect immediately.