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SECOND REGULAR SESSION
HOUSE BILL NO. 2849
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE EAL Y .
6275H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 177 and 307, RSMo, by adding thereto two new sections relating to school
buses.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 177 and 307, RSMo, are amended by adding thereto two new
2 sections, to be known as sections 177.089 and 307.377, to read as follows:
177.089. 1. The pr ovisions of this section shall apply to the furnishing of
2 transportation of pupils in school districts to and fr om school using school buses that ar e
3 zer o-emission vehicles and for the lease or r ental of school buses that are zero -emission
4 vehicles.
5 2. If a continuing contract for the furnishing of transportation of pupils in school
6 districts is made, it shall be for a term not to exceed fifteen years. A contract is
7 r enewable at the option of the school district and the party contracting to prov ide
8 transportation services, jointly , at the end of the term of the contract. The contract as
9 r enewed shall include all of the terms and conditions of the prev ious contract, including
10 any provi sions incr easing rates based on incr eased costs.
11 3. A continuing contract may be made for the lease or rent al of school buses, not
12 to exceed fifteen years, except that if a lease or rent al contract pr ovides that the school
13 district may exercise an option either to pur chase the buses or to cancel the lease at the
14 end of each annual period during the period of the contract, the contract may be made
15 for a term not to exceed twenty years.
16 4. Notwithstanding any other law to the contrary , a continuing contract executed
17 under this section may be negotiated annually within the contract period when
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 economic factors indicate negotiation is necessary to maintain an equitable pricing
19 structur e. Renegotiation is subject to the appr oval of both contracting parties.
20 5. Any ren tal, lease, or lease-purcha se of a school bus shall comply with the
21 pr ovisions of this chapter .
307.377. 1. As used in this section, "school bus" means a commer cial motor
2 vehicle, either publicly or privately owned, used by a school district to transport early
3 childhood education, elementary , or secondary school pupils fr om home to school, fr om
4 school to home, or to and fr om school-sponsore d events for educational purposes. The
5 term "school bus" shall not include any:
6 (1) Bus operated by a public utility , municipal corporation, or common carrier
7 authorized to conduct local or interstate transportation of passengers when such bus is
8 not traveling a specific school bus rou te but is:
9 (a) On a regu larly scheduled ro ute for the transportation of far e-paying
10 passengers; or
11 (b) Furnishing charter service for the transportation of persons enr olled as
12 students on field trips or other special trips or in connection with other special events; or
13 (2) Passenger cars, multipurpose passenger vehicles, and trucks as defined in 49
14 CFR part 571, as amended.
15 2. Beginning January 1, 2037, one hundred per cent of all newly pur chased or
16 contracted school buses shall be zero -emission vehicles wher e feasible.
17 3. If a school district determines that the pur chase or contracting of a zero -
18 emission school bus is not feasible due to both terrain and r oute constraints, the school
19 district may requ est a one-time extension for a term not to exceed five years in order to
20 meet the req uirements of subsection 2 of this section, provi ded that the following
21 conditions are met:
22 (1) The school district can reas onably demonstrate that a daily planned bus
23 r oute for transporting pupils to and fro m school cannot be serviced thr ough available
24 zer o-emission technology in 2037; and
25 (2) The department of natural r esources , in consultation with the Missouri air
26 conservation commission, receive s and evaluates a school district's req uest and grants a
27 one-time extension based on the local school district reas onably demonstrating the
28 condition in subdivision (1) of this subsection.
29 4. Beginning January 1, 2042, if a school district with an average daily
30 attendance of thr ee hundre d fifty or fewer pupils determines that the pur chase or
31 contracting of a zero -emission school bus is not feasible due to both terrain and route
32 constraints, such school district may r equest annual extensions, with the last extension
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33 expiring on January 1, 2047, in order to meet the requ irem ents in subsection 2 of this
34 section, pro vided that the following conditions are met:
35 (1) The school district can reas onably demonstrate that a daily planned bus
36 r oute for transporting pupils to and fro m school cannot be serviced thr ough available
37 zer o-emission technology in the period in which the annual waiver is sought; and
38 (2) The department of natural r esources , in consultation with the Missouri air
39 conservation commission, r eceives and evaluates the school district's req uest and grants
40 an annual extension based on the local school district reas onably demonstrating the
41 condition in subdivision (1) of this subsection.
✔
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