New York State Education Law §3638 requires that all buses purchased by school districts or third-party transportation service providers after June 30, 2027 must be zero-emission vehicles; and that all school buses in New York State must be zero-emission vehicles by the year 2035. While several zero-emission vehicle technologies exist, the only solution currently able to be deployed at scale in New York State is electric vehicles.
The mandate focuses on all Public School Districts in New York state.
NYSED is responsible for:
NYS Education Law §3638(3) requires that no later than July 1, 2035, every school district shall only operate and maintain zero-emission school buses; and include requirements in any procurement for school transportation services that any contractors providing transportation services for the school district must only operate zero-emission school buses when providing such transportation services to the school district.
No, the waiver does not impact the statutory deadline for all fleets to be fully converted by July 1, 2035.
The table below illustrates the crosswalk between ZEB Extension Waiver application cycle, cycle submission dates, and effective dates of approved waivers:
| Zero Emission School Bus Extension Waiver | ||
|---|---|---|
| Application Cycle | Submission Dates | Extension Active |
| 2026 | Now – March 1, 2027 | July 1, 2027 – June 30, 2029 |
| 2027 | July 1, 2027 – March 1, 2028 | July 1, 2028 – June 30, 2030 |
| 2028 | July 1, 2028 – March 1, 2029 | July 1, 2029 – June 30, 2031 |
| 2029 | July 1, 2029 – March 1, 2030 | July 1, 2030 – June 30, 2032 |
| 2030 | July 1, 2030 – March 1, 2031 | July 1, 2031 – June 30, 2033 |
| 2031 | July 1, 2031 – March 1, 2032 | July 1, 2032 – June 30, 2034 |
| 2032 | July 1, 2032 – March 1, 2033 | July 1, 2033 – June 30, 2035 |
| 2033 | July 1, 2033 – March 1, 2034 | July 1, 2034 – June 30, 2035*** |
Yes, you can reach out the NYSED, Pupil Transportation Unit at Tr************@***ed.gov or by calling (518) 474-6541 and request that the application be unsubmitted.
If an emergency condition arises requiring immediate need for an Extension Waiver, please contact the Office of Pupil Transportation by emailing Tr************@***ed.gov or by calling (518) 474-6541.
Districts will receive an approval/denial letter from NYSED with details as to why the waiver was approved/denied. The district will also receive approval of the application in the Business Portal.
An approved Extension Waiver will permit State Transportation Aid to flow for all otherwise approved transportation expenses for the two (2) school years following the year in which the application is received. The school year shall be July 1 to June 30 for these purposes. Please see chart in Question #7.
Yes, a district may reapply with new or updated evidence to demonstrate the need for an extension waiver
No. NYSED must provide details on what factors contributed to a district’s extension waiver acceptance to the district and to NYSERDA, which shall meet with the district at least once annually during the 2-year extension period to provide technical assistance (NY Education Law §3638[4][b]).
Yes, districts may apply for a second 2-year Zero Emission Bus Extension Waiver during the second year of the first waiver period. Note, NYSED may grant a maximum of two extensions (2 years each) in order for districts to comply with the zero-emission statute. Districts must be prepared to substantiate the need for the waiver and show progress towards transition to compliance.
As NYSED does not have authority to waive state laws, school districts are required to adhere to the statutory mandates governing zero-emission buses.
School districts are required to adhere to all statutory mandates and deadlines governing the transition to zero-emission buses as NYSED lacks the authority to modify or waive state laws.
A school bus is any vehicle that transports students on regular routes to and from school. This includes suburban vehicles and mini vans owned/leased or contracted by the school district.
No. The zero-emission mandate only applies to school districts governed by the Laws of New York State.
No. School districts are strongly cautioned not to apply for an Extension Waiver unless it is absolutely necessary to meet the district’s transportation service needs for the coming school year. Applying and receiving an extension too soon may negatively impact the district in the future.
No later than July 1, 2027, every school district that contracts for transportation services shall include requirements in any procurement for school transportation services that any contractors providing transportation services for the school district must only purchase or lease zero-emission school buses when purchasing or leasing new school buses. Such procurements shall include all contract term renewals and extensions, including single- and multi-year contract terms.
No. The extension waiver impacts a school district’s State Transportation Aid and, if granted, will allow such Aid to be apportioned to otherwise noncompliant expenses. As such, the extension waiver pertains only to public school districts. In some instances, a BOCES may wish to file an application to cover shared transportation services provided by BOCES to component school districts.
The law contains requirements for school districts, not counties. However, if a public school district is party to a contract procured or executed after June 30, 2027, then the contract must comply with the requirements of Education Law §3638.
No. The zero-emission bus mandate only refers to school districts; it does not address Non-Public or Charter schools. However, if a Public School district transports or contracts for the transportation of resident Non-Public or Charter school students, the public school district must comply with the mandate.
Contracts for transportation services must comply with statutory requirements during the statutory transition period (July 1, 2027 – June 30, 2035) to be eligible for Transportation Aid. Starting July 1, 2035, all transportation services provided and/or contracted by school districts must utilize zero emission vehicles only.
Yes. BOCES that provide shared transportation services to component school districts may wish to apply for an extension waiver as a means to ensure all districts participating in the shared service continue to receive Transportation Aid on the service expense. Additionally, BOCES that own school buses must apply for an extension waiver for component school districts to receive the appropriate amount of Transportation Capital Aid on the BOCES bus purchase expense.
No. The Law applies to new contract terms (solicited or extended) let after June 30, 2027. The first new solicitation or extension following the expiry of a term that crosses into the statutory transition period must include the required bus replacement clause in order to be eligible for Transportation Aid.
NYSED will accept and consider reasonable and justifiable contract cost increases above the rate of CPI for annual or multi-year extensions resulting from the need to comply with the provisions of State Education Law §3638, pursuant to Education Law §305(14)(c)(iv).
An extension is considered a new contract term. A new contract term beginning on or after July 1, 2027 must comply with statutory requirements for such contract expenses to generate State Transportation Aid.
The RFP should include the procurement requirements included in NYS Education Law §3638, indicating that the contractor agrees to purchase or lease only zero emission vehicles starting July 1, 2027.
All contract terms for school transportation services beginning on or after July 1, 2027 must comply with the requirements of Education Law §3638, including those contracts established though piggybacking.
All contract terms for school transportation services beginning on or after July 1, 2027 must comply with the requirements of Education Law §3638. If a vendor is unwilling or unable to agree to purchase or lease only zero emission vehicles when replacing vehicles in its fleet starting July 1, 2027, then a school district must apply for an extension waiver to receive State Transportation Aid on the contract expenses with said vendor.
Districts can reach out to NYSERDA at sc*******@********ny.gov. More information can be found on NYSERDA’s website: Fleet Electrification Planning – NYSERDA
No. The general expectation is that school districts are actively working to comply with the legislative mandate. For most districts, the first steps toward compliance are made by commissioning a Fleet Electrification Plan through NYSERDA or other external means. NYSED understands an FEP to be something of a roadmap for school districts to follow, with actionable district-specific recommendations for planning and implementing a transition to zero emission busing. If a district has made those steps but does not yet have a completed FEP, then the district does not have the ability to form concrete plans to move forward. If a district does have a completed FEP, the expectation is that it will use that document to inform its planning and next steps. If there are other challenges that would cause the need for a district to require an extension to the procurement requirements in Ed Law §3638, a district may indicate those challenges elsewhere on the extension waiver application for consideration. Please note that NYSED is legally required to record and inform districts and NYSERDA on what factors contributed to granting an extension waiver.
School districts may require time to develop and execute an action plan following the receipt of a completed FEP. School districts are encouraged to provide such justification and evidence as a response to the final question on the extension waiver application.
It is highly recommended, although this is not a requirement. The district should contact NYSERDA to discuss the need for the FEP. The FEP will provide a roadmap for the district and the contractor. The FEP will take into account the current bus routes and uses by the district including contracted routes. The FEP will tailor to the district needs and can provide cost estimates for ownership of the fleet, as well as estimates for continuing to contract the fleet. Alternatively, the contractor may opt to apply for an FEP that covers all of the routes they operate for any districts they serve.
No. A contractor’s ongoing FEP with NYSERDA cannot be used as justification for a district’s extension waiver, as statutory requirements for transportation contracts are limited to the contractor’s agreement to purchase zero emission vehicles only, starting July 1, 2027.
Yes, statute requires that the district engage with NYSERDA in the initiation and development of a Fleet Electrification Plan as a prerequisite for obtaining a second extension waiver.
Yes. If an extension waiver is granted, NYSED will notify NYSERDA, which will then coordinate with the district to provide necessary technical assistance.
A Purchase Order or a letter from NYSERDA can be uploaded as proof.
School districts may upload supporting documentation showing that they have the FEP underway. If a district has a Plan underway, they will receive 3 points on an extension waiver application.
Based on section §3638 of New York State Education Law, school districts are not required to submit a workforce development report. The section states that they shall create and implement a workforce development report. This report should be kept on file at the district level.
The “Bus Garage Lease Restrictions” item was intended for districts that own/operate fleets internally. However, if a district’s contractor is unable to agree to the statutory requirement that it will replace buses in its fleet only with ZEBs, this can be indicated in question #12 in the Extension Waiver Application.
Details on utility upgrades, including but not limited to needs, costs, and timelines are applicable to question #8 on the Extension Waiver Application. Details should be provided to NYSED for consideration.
If a district does not receive any bidders on a bus contract it may include this as evidence on an extension waiver application to justify needing an extension.
Please contact NYSED directly at Tr************@***ed.gov to discuss the implications
and handling of such a plan.
If the contractor agrees to replace fleet vehicles in service to the district with only zero-emission vehicles, as required by the statute, then no extension waiver is necessary for the district. If a contractor refuses to agree to the required terms in statute and a district has no other viable/reasonable transportation option, then the district may justify an extension application with this information.
A district may provide formal results, including a copy of the proposition language, certified by the clerk of the board. A formal exit poll or advisory referendum would be acceptable for consideration. In addition, board minutes where the results of an advisory referendum or exit poll were accepted and discussed may be submitted.
A school district may apply for up to two 2-year extension waivers to allow State Transportation Aid to continue flowing for noncompliant transportation expenses made starting July 1, 2027. NYSED believes that legislative action is necessary to address this issue in the long term.
Yes. See question #6 in the Extension Waiver Application. Additionally, the Guidance Document explaining the Extension Waiver application process includes details on the application question scoring rubric.
No. A school district is not required to submit an Extension Waiver Application, especially if such extension is not necessary for Aid to flow on transportation expenses incurred after June 30, 2027.
We anticipate the guidance and application to be published no later than July 1, 2028.
Districts that fail to comply with statutory requirements will not receive State Transportation Aid for noncompliant expenses. Additionally, there may be further implications and restrictions around vehicle inspection and registration with NYSDOT and NYSDMV.
Every school district may apply for up to two 2-year extension waivers. The date of an application for an initial extension waiver will not affect a district’s eligibility to apply for a second extension waiver. Extension waivers do not extend or otherwise impact the requirement for full fleet transition to zero emission vehicles by June 30, 2035.
Transportation Aid only. Regardless of the charging stations and associated infrastructure work are installed as part of a larger project that would be covered by Building Aid, the charging stations, infrastructure, and the labor are explicitly covered by Transportation Aid under §3623-a(2)(f) and §3602(7)(e).
Yes; whether paid upfront with cash or financed, all ZEB-related capital infrastructure expenses will be amortized over 8 years, starting July 1, 2025. Previously, the Aid amortization period was 12 years. NYSED has created a ZEB Aid Estimator for planning and budgeting. CLICK HERE!
Yes. There may be a need for charging to be located at a site without a building due to power source /grid restrictions or centralized site location. The bus garage is not the only location charging may occur.
Yes, to pay for reasonable and appropriate expenditures for the construction of the building.
Yes. Any work that would otherwise require an OFP permit must still be submitted for review, approval, and permit prior to the work being bid. The Transportation Aid eligible components of the project must be submitted as a separate project number for accounting purposes. The drawings and specifications may be combined with other non-transportation aid eligible scopes of work, but a separate project number and paperwork submission is required.
All ZEB charging infrastructure projects are required to be submitted to NYSED’s Office of Facilities Planning (OFP) for review, approval, and permitting. However, electric bus charger installations are exempt from review and permitting by OFP provided they meet all the following requirements:
Transportation aid is available on the solar panels and/or storage batteries to serve the buses when installed on existing roofs or new/existing ground mounts. The mounts would be included. Neither transportation aid nor building aid is available for canopies to support solar panels. If roof mounted or ground mounted solar is infeasible based on existing conditions and a District chooses to install canopies to support solar panels for bus charging, Transportation aid is available up to an equivalent cost of ground mounting the system.
A form edit will trigger and the District will need to provide the following information:
Yes. A district may wish to acquire vehicle charging and related equipment in advance of a capital project to install such charging equipment, for example, to fulfill certain grant expenditure timeline requirements. This is allowable; however, the district must not include the expense in any future capital project submission to install such equipment. Such advance purchase of capital equipment shall follow the standard rules for requesting Transportation Aid for the purchase of related equipment or services.
Yes. Any transportation-related equipment purchase in excess of $10,000 requires pre-approval in order to be eligible for Transportation Aid. This includes equipment necessary to support zero-emission busing.
If you have any further questions, or need additional technical assistance, please contact Matthews Buses EV Expert Sara Najafipour or by calling (518) 542-0818.
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