BILL NUMBER: S4748
SPONSOR: BORRELLO
 
TITLE OF BILL:
An act to amend the education law, the local finance law and the envi-
ronmental conservation law, in relation to removing references related
to the electric school bus mandate; to repeal certain provisions of the
education law, the local finance law, the public authorities law and the
environmental conservation law relating to electric buses; and authoriz-
ing a study by the New York state energy research and development
authority to determine the feasibility of converting school buses to
zero-emission vehicles
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would repeal section 3638 of the education law which concerns
the electric school bus mandate, and all references to the mandate for
electric school buses in law, and direct NYSERDA to conduct a study and
make recommendations on the feasibility of converting school bus fleets
in the state of New York to zero-emission vehicles.
 
SUMMARY OF PROVISIONS:
Section 1 REPEALS section 3638 of the education law.
Section 2 REPEALS paragraph f of subdivision 7 of section 3623-a of the
education law.
Section 3 amends paragraph e of subdivision 7 of section 3602 of the
education law removes the period of 12 years for the assumed amorti-
zation for zero-emission buses for the 2022-2023 school year and there-
after, removes charging stations and hydrogen fueling stations from the
list of the purchase contracts or leases school districts enter for
transportation.
Section 4 amends subparagraph 7 of paragraph e of subdivision 1 of
section 3623-a of the education law by removing the section of law that
states fuel shall include electricity used to charge or hydrogen used to
refuel zero-emission school buses for the aid able transportation of
pupils.
Section 5 REPEALS subdivision 29 of paragraph a of section 11.00 of the
local finance law.
Section 6 amends subdivision 21-a of section 1604 of the education law
by removing the twelve-year lease for zero-emission school buses.
Section 7 amends paragraph i of subdivision 25 of section 1709 of the
education law by removing the twelve-year lease for zero-emission school
buses.
Section 8 amends subdivision 29-a of paragraph a of section 11.00 of the
local finance law by removing the purchase of zero-emission school buses
owned by a school district, city school district, or board of cooper-
ative education services.
Section 9 REPEALS subdivisions 22 and 23 of section 1854 of the public
authorities law.
Section 10 REPEALS section 1884 of the public authorities law.
Section 11 amends the opening paragraph of section 58-0701 of the envi-
ronmental conservation law by removing five hundred million dollars for
costs associated with the purchase of or conversion to zero emission
school buses and supporting infrastructure.
Section 12 REPEALS paragraph h if subdivision 1 of section 58-0703 of
the environmental conservation law.
Section 13 adds that The New York state energy research and development
authority (NYSERDA) is herby directed to study and make recommendations
on the feasibility of converting school buses in the state of New York
to zero-emission vehicles. Such study shall include, but not be limited
to:
(a) Analysis of the feasibility of conversion in rural, suburban, or
urban school districts.
(b) The costs of supporting the necessary infrastructure for zero-emis-
sion school buses.
(c) The costs of upgrading or replacing conventional school buses with
zero-emission school buses.
Within one year after the effective date of this act, NYSERDA shall
submit a report of the findings and recommendations to the governor, the
temporary president of the senate, the minority leader of the senate,
the speaker of the assembly, the minority leader of the assembly, and
the chairs and ranking members of the senate and assembly committees on
health and shall post such report on NYSERDA's website.
Section 14 provides that the act shall take effective immediately.
 
JUSTIFICATION:
The electric bus mandates were passed in the 2022-23 state budget to
help the state meet the lower emissions targets of the Climate Leader-
ship and Community Protection Act (CLCPA). The requirements are that new
school bus purchases be zero emission by 2027 and all school buses in
operation be zero emission by 2035.
This legislation will lift the electric school bus mandate to facilitate
a thorough study without immediate policy implications. The study will
equip policymakers with reliable data to make informed decisions on the
viability of electric school buses and will help change current and
future policies to better assist in the integration of electric school
buses in our various regions in New York State.
Such study done by NYSERDA will include an analysis of the feasibility
of conversion in rural, suburban, and urban school districts, the costs
of supporting the necessary infrastructure for zero-emission school
buses, and the costs of upgrading or replacing conventional school buses
with zero-emission school buses. It's time that Albany realizes how
unrealistic, costly, and unsafe this mandate is.
A new, full-size electric bus costs $400,000 - $450,000 - triple the
price of a conventional bus which is approximately $145,000. With 45,000
school buses in the state, full conversion by 2035 will cost approxi-
mately $20 billion. The cost over and above what school districts
already pay for replacement buses is projected at between $8 billion and
$15 billion statewide. These totals don't even include the required
infrastructure upgrades including installation of charging stations,
electrical improvements, bus garage renovations and so on. Without ques-
tion, the $100 million in grants the state just made available for elec-
tric school bus purchases won't be nearly enough. That amount is enough
to fund about 250 buses statewide. With over 800 school districts state-
wide, that isn't even one bus per district. Even the additional $400
million to be allocated in future rounds won't make a dent in the cost
of conversion.
Funding isn't the only problem with this mandate. There are other issues
particularly important to rural districts that haven't been adequately
considered. Frigid temperatures decrease traveling range due to electric
vehicles failing to operate and charge properly in extremely cold weath-
er, which could affect school bus routes in the coldest portions of the
state specifically, rural regions of the state. School buses are also
used for other purposes including trips to athletic events and field
trips, which often involve exceeding the roughly 100 mile range a bus
can travel on a single charge.
This costly transition will continue to weigh heavily on our poor rural
school districts and the property taxpayers in those districts. Over-
all, the electric bus mandate, like much of New York's climate agenda,
is being rushed into place without adequate funding, regional flexibili-
ty, or input from stakeholders. Those who stand to lose the most from
this unfunded mandate are, once again, New York State taxpayers.
In conclusion, this legislation seeks to facilitate a thorough and unbi-
ased assessment of electric school bus feasibility, costs of infrastruc-
ture, and costs of upgrading or replacing, ensuring that future policies
align with the practical considerations of our diverse settings in our
state.
 
LEGISLATIVE HISTORY:
2024: S8467 Referred to Education
 
EFFECTIVE DATE:
The legislation would take effective immediately upon adoption.

Statutes affected:
S4748: 3638 education law, 3623-a education law, 3623-a(2) education law, 3602 education law, 3602(7) education law, 3623-a(1) education law, 11.00 local finance law, 1604 education law, 1604(21-a) education law, 1709 education law, 1709(25) education law, 1854 public authorities law, 58-0701 environmental conservation law