NYS lawmakers near deal to delay emission-free school bus mandate

ALBANY — New York State lawmakers are nearing a deal that would slow the transition to emission-free school buses, giving school districts that are struggling to meet the 2035 deadline a five-year extension.

A 2022 state law required new buses sold in the state to be zero-emission by 2027 and all buses on the road to be zero-emission by 2035 in an effort to lower greenhouse gas emissions to fight climate change and reduce children’s exposure to pollutants.

Zero-emission buses can be battery, electric and hydrogen fuel cell powered. Districts that fail to comply risk losing their state transportation aid.

Changes being discussed as part of the state budget would allow schools to continue to purchase fossil fuel-powered buses through 2032 and require districts to fully transition to zero-emission buses by 2040, according to sources with knowledge of ongoing negotiations.

Gov. Kathy Hochul, a Democrat, on Thursday announced a "general agreement" on the state’s approximately $268 billion state budget touting various policy wins, including slowing down the state’s climate goals. She acknowledged that details on spending for the thousands of programs the state funds are still being negotiated.

The Democratic leaders who hold a majority in the State Senate and Assembly say they’re close, but a deal has yet to be reached.

And all 213 legislative seats and the governor’s seat are up for election in November, increasing political pressure to deliver for constituents.

The effort to push back the zero-emission school bus mandate comes as districts across the state and Long Island have struggled with rising costs from federal tariffs, delays to some of the state’s clean energy projects by the Trump administration, and cuts to federal aid promised under the Biden administration that would have helped pay for buses and charging stations.

"We all want to make sure that our kids have access to clean air especially when riding a bus ... but because of factors outside of our control ... many members want to see a postponement of the deadline," Assemb. Michaelle Solages (D-Elmont) told Newsday. "It’s not delaying our goals; it's just realizing that we have many factors and that we’re also dealing with limited school budgets."

Solages would not comment on the budget negotiations, but is sponsoring a similar proposal outside of the budget.

Environmental groups have pushed back on the idea, saying the state shouldn't delay the transition without requiring progress, such as an interim purchase target.

“New York’s requirements to transition away from diesel school buses are crucial for the health of children in our state. This legislation would kick the can down the road for targets instead of addressing issues school districts face,” Earthjustice said in memo on the bill.

Challenges, funding

The transition to zero-emission buses has posed a challenge for school districts due to a number of factors, including the cost of the buses, which run about $450,000 compared with about $150,000 for a gas or diesel bus.

There are approximately 45,000 school buses statewide. Fewer than 200 zero-emission buses are on the road, according to the state Education Department.

State lawmakers are pushing for more money in the state budget to help schools make the transition. The dollar amount is still up in the air, sources familiar with negotiations told Newsday.

The state originally included $500 million in funding through the Environmental Bond Act to help with the transition and last year allocated another $100 million.

And districts that meet certain hardship requirements can apply for waivers, potentially delaying the 2027 deadline by up to four years.

But school leaders and education advocates say there are still roadblocks, including concerns over battery life on long routes and power grid capacity.

“School board members believe in the importance of schools being positive environmental stewards, but the current zero-emission bus transition timeline has proven to be financially and operationally unworkable for way too many districts statewide,” said Brian Fessler, chief advocacy officer for the New York State School Boards Association. “A full five-year delay would provide time for technology to advance, costs to be addressed and necessary supports to be put in place.”

Republican lawmakers have been pushing to delay the transition or repeal the law altogether, making the transition voluntary.

Sen. Alexis Weik (R-Sayville), who is  sponsoring  a bill to eliminate the mandate, told Newsday a five-year delay isn’t enough. “But hopefully cooler heads will prevail over the five years and maybe better plans will come up and of course new technology,” she said.

Senate Environmental Conservation Committee Chairman Pete Harckham (D-South Salem) told Newsday he understands the challenges districts are facing, but is concerned about children’s health. 

“Let’s remember why we did this: students in school buses breathe 19 times more dangerous pollutants than people not on buses. We should be doing everything we can to move this forward in good faith,” he said. “I think the point is we should be incentivizing and helping school districts move forward. This is about protecting kids' health.”