§ 3638. Zero-emission school buses. 1. For the purposes of this\nsection "zero-emission school bus" shall mean a school bus that: is\npropelled by an electric motor and associated power electronics which\nprovide acceleration torque to the drive wheels during normal vehicle\noperations and draws electricity from a hydrogen fuel cell or battery;\nor otherwise operates without direct emission of atmospheric pollutants.\n 2. (a) No later than July first, two thousand thirty-two, every school\ndistrict shall:\n (i) only purchase or lease zero-emission school buses when purchasing\nor leasing new buses;\n (ii) include requirements in any procurement for school transportation\nservices that any contractors providing transportation services for the\nschool district must only purchase or lease zero-emission school buses\nwhen purchasing or leasing new school buses; and\n (iii) include requirements in any procurement for the manufacturing or\nretrofitting of a zero-emission school bus and charging or fueling\ninfrastructure that the components and parts used or supplied in the\nperformance of the contract or any subcontract thereto shall be produced\nor made in whole or substantial part in the United States, its\nterritories or possessions and that final assembly of the zero-emission\nschool bus and charging or fueling infrastructure shall occur in the\nUnited States, its territories or possessions.\n (b) The commissioner, in consultation with the New York state energy\nresearch and development authority and office of general services, may\nwaive the contracting requirements set forth in subparagraph (iii) of\nparagraph (a) of this subdivision if the commissioner determines that\nthe requirements would not be in the public interest, would result in\nunreasonable costs, or that obtaining such zero-emission school buses\nand charging or fueling infrastructure components and parts in the\nUnited States would increase the cost of a school district's contract\nfor zero-emission school buses and charging or fueling infrastructure by\nan unreasonable amount, or such zero-emission school busses and charging\nor fueling infrastructure components and parts cannot be produced, made,\nor assembled in the United States in sufficient and reasonably available\nquantities or of satisfactory quality. Such determination must be made\non an annual basis no later than December thirty-first, after providing\nnotice and an opportunity for public comment, and be made publicly\navailable, in writing, on the department's website with a detailed\nexplanation of the findings leading to such determination. If the\ncommissioner has issued determinations for three consecutive years that\nno such waiver is warranted pursuant to this paragraph, then the\ncommissioner shall no longer be required to provide the annual\ndeterminations required by this paragraph.\n 3. No later than July first, two thousand forty, every school district\nshall:\n (a) only operate and maintain zero-emission school buses; and\n (b) include requirements in any procurement for school transportation\nservices that any contractors providing transportation services for the\nschool district must only operate zero-emission school buses when\nproviding such transportation services to the school district.\n 4. (a) A school district may apply to the commissioner, and the\ndepartment may grant a maximum of two extensions of up to twenty-four\nmonths each to comply with the requirements of subdivision two of this\nsection. The commissioner shall consider a school district's effort to\nmeet the requirements of subdivision two of this section and any other\nfactors outside of the control of the district when granting an\nextension, including but not limited to, procurement efforts made by the\nschool district, applications for state or federal funds, changes needed\nto school district operations to meet the requirements of this section,\nemployee training, receipt of technical assistance, market
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.