STATE OF NEW YORK
        ________________________________________________________________________

                                         7122--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 11, 2023
                                       ___________

        Introduced by M. of A. JEAN-PIERRE, MAGNARELLI -- read once and referred
          to  the  Committee  on  Education  --  recommitted to the Committee on
          Education in accordance with Assembly Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the education law, in relation to contract cost adjust-
          ments in the middle of contract terms for school districts transporta-
          tion contracts

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph d of subdivision 14 of section 305 of the educa-
     2  tion law, as added by chapter 552 of the laws of  1995,  is  amended  to
     3  read as follows:
     4    d.  Notwithstanding  the  provisions  of paragraphs a, b and c of this
     5  subdivision, the board of education or the trustee of a district  and  a
     6  contractor  providing pupil transportation services to such district may
     7  amend a contract for pupil transportation services upon a  finding  that
     8  such  amendment  is necessary to comply with any federal, state or local
     9  law, rule or regulation imposed after the execution of such contract, or
    10  to enhance the safety of pupil  transportation,  as  determined  by  the
    11  board or trustee subject to the approval of the commissioner pursuant to
    12  regulations which shall require demonstrable enhancements in pupil safe-
    13  ty  and/or  increased  savings consistent with maintaining pupil safety.
    14  Such amendment shall cause no additional cost to the state, locality  or
    15  school  district   unless such amendment is necessary to comply with the
    16  statewide transition to zero-emission buses pursuant to section  thirty-
    17  six  hundred  thirty-eight of this chapter and provided that it has been
    18  established by the contractor that there has been at least an equivalent
    19  increase in the amount of  such  contractor's  cost  of  operation.  The
    20  commissioner  shall  not  approve  such an amendment if the commissioner
    21  finds that it circumvents the competitive bidding requirements contained

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11230-02-3

        A. 7122--A                          2

     1  in paragraph a of this subdivision, or otherwise violates  this  section
     2  or  any  other  provision  of  law, or fails to increase or maintain the
     3  safety of pupil transportation.
     4    §  2.  This act shall take effect immediately; provided, however, that
     5  the amendments to paragraph d of subdivision 14 of section  305  of  the
     6  education law made by section one of this act shall not affect the expi-
     7  ration  and repeal of such paragraph and shall be deemed repealed there-
     8  with.