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S T A T E O F N E W Y O R K
________________________________________________________________________
9667
I N S E N A T E
April 1, 2026
___________
Introduced by Sen. C. RYAN -- 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 delaying the zero-em-
ission school bus mandate
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] THIRTY-
5 TWO, every 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
27 United States would increase the cost of a school district's contract
28 for zero-emission school buses and charging or fueling infrastructure by
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15426-01-6
S. 9667 2
1 an unreasonable amount, or such zero-emission school busses and charging
2 or fueling infrastructure components and parts cannot be produced, made,
3 or assembled in the United States in sufficient and reasonably available
4 quantities or of satisfactory quality. Such determination must be made
5 on an annual basis no later than December thirty-first, after providing
6 notice and an opportunity for public comment, and be made publicly
7 available, in writing, on the department's website with a detailed
8 explanation of the findings leading to such determination. If the
9 commissioner has issued determinations for three consecutive years that
10 no such waiver is warranted pursuant to this paragraph, then the commis-
11 sioner shall no longer be required to provide the annual determinations
12 required by this paragraph.
13 3. No later than July first, two thousand [thirty-five] FORTY, every
14 school district shall:
15 (a) only operate and maintain zero-emission school buses; and
16 (b) include requirements in any procurement for school transportation
17 services that any contractors providing transportation services for the
18 school district must only operate zero-emission school buses when
19 providing such transportation services to the school district.
20 § 2. This act shall take effect immediately.