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Meeting of the Board of Regents | June 2008

Wednesday, June 4, 2008 - 11:20pm

sed seal                                                                                                 

 

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

FROM:

Johanna Duncan-Poitier

 

SUBJECT:

Proposed Amendments to the Regulations of the Commissioner Relating to Pupil Transportation

 

DATE:

June 4, 2008

STRATEGIC GOAL:

Goals 2, 3 and 4

AUTHORIZATION(S):

 

 

SUMMARY

 

Issue for Decision

 

Should the Board of Regents adopt as an emergency rule the proposed new section 156.3(h) of the Commissioner’s Regulations, to prescribe requirements to minimize the idling of school buses and other vehicles?

 

Reason(s) for Consideration

 

Required by State statute.

             

Proposed Handling

 

              This proposed amendment will come before the EMSC Committee and the Board of Regents at the June 2008 Regents meeting for adoption as an emergency action.  Emergency action is necessary for the preservation of the public health, safety and the general welfare to immediately prescribe requirements for minimizing the idling of school buses and other vehicles owned or leased by school districts, consistent with the requirements of Education Law section 3637, as added by Chapter 670 of the Laws of 2007, and thus reduce the exposure of children and others from harmful vehicle exhaust.  A statement of the facts and circumstances which necessitate emergency action is attached.

 

 

 

Procedural History

 

The proposed amendment was discussed by the Committee at the April 2008 Regents meeting.

 

Background Information

 

The proposed regulation is necessary to implement Education Law section 3637, as added by Chapter 670 of the Laws of 2007, which directs the Commissioner to promulgate regulations requiring school districts to minimize, to the extent practicable, the idling of the engine of any school bus and other vehicles owned or leased by the school district while such bus or vehicle is parked or standing on school grounds, or in front of any school.

  

New York State has the largest fleet of school buses in the nation with over 50,000 vehicles transporting over 2.5 million pupils each day over 225 million miles annually.   As a result our children are being exposed to sizeable hazards from school bus emissions.  Children are even more susceptible to air pollution than adults because their respiratory systems are still developing and they have a faster rate of breathing.  Diesel exhaust contains billions of small particles that can cause lung damage and aggravate asthma, bronchitis and other health problems.

 

The United States Environmental Protection Agency has been concerned about the idling of school buses in New York State.  They performed a study on school bus idling using the Katonah-Lewisboro School District.  The study was specifically designed to determine which of several different methods of running a school bus engine during the winter months was the most effective in reducing emissions while providing cost efficient and safe pupil transportation services.   The study results clearly showed that the most effective method is turning the bus engine off.

 

The State Education Department in consultation with the Health Department have determined that the most effective method for reducing emissions and school bus idling in order to protect children with asthma and other respiratory conditions, is to apply the regulation to all school districts.  One third of our student population resides in areas of the State where the air quality is compromised.  The United States Environmental Protection Agency has found that exhaust fumes are polluting the air in our communities and can enter school buildings through fresh air intakes, doors and open windows.  They have identified 21 chemicals in truck and bus emissions that are known or suspected to cause cancer and other serious health conditions.  These emissions can hurt the entire population leading to increased hospital admissions, emergency room use, school absences and work loss.

 

For these reasons it is important that we not limit the protection afforded our children to those whose respiratory health is already compromised, but take firm steps to insure that all of our children are protected from the harmful effects of pollutants from idling school buses.

 

              A Notice of Proposed Rule Making was published in the State Register on April 2, 2008.   Further additional revisions to the rule are now proposed in response to public comment.  An Assessment of Public Comment is attached.

 

              The revisions include:

 

  • Provide that school districts shall consider adopting policies which provide for the prompt loading and unloading of individual school buses rather than a policy of waiting for all buses to arrive before loading or unloading.

 

  • Clarify that school buses should be diagonally parked in school loading areas to minimize exhaust that may enter school buildings as well as school buses.

 

  • Provide more flexibility to school districts to monitor and report compliance with the rule's provisions.

 

  • Provide that the Commissioner may also require specific school districts to provide additional information as necessary to address health concerns related to their compliance with the rule.

 

Recommendation

 

Staff recommend that the Regents take the following action:

 

              VOTED:  That subdivision (h) of section 156.3 of the Regulations of the Commissioner be added as submitted, effective July 1, 2008, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and general welfare in order to immediately prescribe requirements for minimizing the idling of school buses and other vehicles owned or leased by school districts, consistent with the requirements of Education Law section 3637, as added by Chapter 670 of the Laws of 2007, and thus reduce the exposure of children and others from harmful vehicle exhaust.  

 

Timetable for Implementation

 

It is anticipated that the proposed regulation will be submitted to the Board of Regents for adoption at the July 2008 Regents meeting, with an effective date of August 21, 2008.

 

Attachment

 

 

 

 

 

PROPOSED ADDITION OF SECTION 156.3(h) OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO EDUCATION LAW SECTIONS 207, 3624 AND 3637, AND CHAPTER 670 OF THE LAWS OF 2007, RELATING TO SCHOOL BUS AND OTHER VEHICLE IDLING ON SCHOOL GROUNDS

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

              The proposed rule is necessary to implement Chapter 670 of the Laws of 2007 by prescribing requirements for minimizing the idling of school buses and other vehicles.     Education Law section 3637, as added by Chapter 670 of the Laws of 2007, directs the Commissioner to promulgate, on or before July 1, 2008, regulations requiring school districts to minimize, to the extent practicable, the idling of the engine of any school bus and other vehicles owned or leased by the school district while such bus or vehicle is parked or standing on school grounds, or in front of any school.

              New York State has the largest fleet of school buses and vehicles in the nation.  With such a large student population and amount of miles transported, our children are being exposed to sizeable hazards from school bus emissions.  The diesel exhaust from a school bus can be harmful to adults but even more so for our children, because their respiratory systems are still developing and they have a faster breathing rate.   Diesel exhaust contains billions of small particles that are so small that several thousand of them could fit on the period at the end of this sentence.   When children breath in the exhaust from school buses, these particles can cause lung damage and aggravate asthma, bronchitis and other health problems        

              Furthermore, the exhaust from an idling school bus does not just target children, but also pollutes the air in the entire community.   The United States Environmental Protection Agency (EPA) has reported that exhaust fumes pollute the air in our communities and can enter school buildings through fresh air intakes, doors and open windows (See There are 25 Million Reasons Why it is Important to Reduce Idling, April 2006 - http://www.epa.gov/cleanschoolbus/documents/420f06018.pdf).  One-third of our student population resides in areas of the State where the air quality is compromised.  By minimizing the amount of time school buses and other vehicles idle on or near school grounds, we will improve the health of students, parents, area residents and employees of school districts across the State. 

              The United States Environmental Protection Agency Region 2 performed a study on school bus idling in New York State using the Katonah-Lewisboro School District located in Cross River, New York.  The study was specifically designed to determine which of several different methods of running a school bus engine during the winter months was the most effective in reducing emissions while providing cost efficient and safe pupil transportation services.  The study results clearly showed that “turning off the bus engine is the preferred operating choice.”  The study also showed that the short burst of emissions that occurs when restarting an engine that was turned off, is still less than keeping an engine idling. (The study has been posted at the following website: http://www.epa.gov/region02/cleanschoolbus/r2schoolbusstudy.pdf)

              The United States Environmental Protection Agency has identified 21 chemicals in truck and bus exhaust that are known or suspected to cause cancer or other serious health conditions.  Some of these chemicals include formaldehyde, acetaldehyde and benzene.   Emissions also contain other pollutants linked to respiratory diseases including particulate matter, nitrogen oxides and carbon monoxide.  Particulate matter consists of both black soot that you can see and tiny, invisible particles that are a fraction of the width of a human hair which can lodge deep in your lungs.   Pollutants in bus exhaust can cause or trigger lung cancer, cardiovascular disease, asthma attacks, chronic bronchitis, impaired immune system function, decreased lung function and shortness of breathe.  These adverse health effects can hurt the entire population not just school children.   This can lead to increased hospital admissions, emergency room use, school absences, and work loss, which all increase our health care costs.  Idling from diesel engines damages our environment by adding to smog.  It reduces crop yields and acid rain means fewer fish in our lakes and streams in the Adirondacks and Finger Lakes.   It increases the growth of algae and harms the coastal waters in Long Island Sound.    For these reasons it is important that we not limit the protection afforded our children to those whose respiratory health is already compromised, but take firm steps to insure that all of our children and citizenry are protected from the harmful effects of pollutants from idling school buses.

              Furthermore, limiting the idling time of a school bus is also cost efficient.    Unnecessary idling of school bus engines taxes the mechanical health of the engine and uses more fuel than turning the bus engine off and on.  Running an engine at low speed causes twice the wear on internal parts compared to driving at regular speed.   While some may suggest that idling for lengthy periods is important to warm up the engine for in cold weather, engine manufacturers routinely suggest a warm up time of less than five minutes.   In especially severe winter weather bus heaters or engine block heaters are more effective than unnecessary idling. 

              For these reasons, and consistent with the statute's directive to minimize the idling of school buses and other vehicles, the proposed rule has been drafted to apply to all school districts.

              The proposed rule was published in the State Register on April 2, 2008.  Further additional revisions to the rule are now proposed, as set forth in the Notice of Revised Rule Making published in the State Register on June 11, 2008.  Pursuant to State Administrative Procedure Act section 202(4-a), the revised rule cannot be adopted by regular (non-emergency) action until at least 30 days after publication of the revised rule in the State Register.  Since the Board of Regents meets at fixed intervals, the earliest the proposed amendment can be adopted by regular action, after expiration of the 30-day public comment period for a revised rule making, is the July 28-29, 2008 Regents meeting.  Pursuant to SAPA section 202, the earliest the proposed rule can become effective is after the Notice of Adoption is published in the State Register on August 20, 2008.  However, a delay in the rule's effective date is contrary to Education Law section 3637, as added by Chapter 670 of the Laws of 2007, which directs the Commissioner to promulgate regulations requiring school districts to minimize school vehicle idling, on or before July 1, 2008, and will result in children and others being unnecessarily exposed to harmful vehicle exhaust.

              Emergency action is necessary for the preservation of the public health, safety and the general welfare to immediately prescribe requirements for minimizing the idling of school buses and other vehicles owned or leased by school districts, consistent with the requirements of Education Law section 3637, as added by Chapter 670 of the Laws of 2007, and thus reduce the exposure of children and others from harmful vehicle exhaust.  

              It is anticipated that the proposed rule will be presented for permanent adoption at the July 28-29, 2008 Regents meeting, which is the first scheduled meeting after expiration of the 30-day public comment period for revised rule makings.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 207, 305 and 3637 and Chapter 670 of the Laws of 2007

Subdivision (h) of section 156.3 of the Regulations of the Commissioner of Education is added, effective July 1, 2008, as follows:

              (h) Idling school buses on school grounds. 

              (1)  General provisions.

             
(i)  Except as provided in paragraph (2) of this subdivision, each school district shall ensure that each driver of a school bus, as defined in Vehicle and Traffic Law section 142, or other vehicle owned, leased or contracted for by such school district, shall turn off the engine of such school bus or vehicle while waiting for passengers to load or off load on school grounds, or while such vehicle is parked or standing on school grounds or in front of or adjacent to any school. 

              (ii) School districts shall consider adopting policies which provide for the prompt loading and unloading of individual school buses rather than a policy of waiting for all buses to arrive before loading or unloading.

              (2)  Exceptions.  Notwithstanding the provisions of paragraph (1) of this subdivision and unless otherwise required by State or local law, the idling of a school bus or vehicle engine may be permitted to the extent necessary to achieve the following purposes:  (i) for mechanical work; or (ii) to maintain an appropriate temperature for passenger comfort; or (iii) in emergency evacuations where necessary to operate wheelchair lifts.

              (3)  Driver requirements.  Each school district shall ensure that each driver of a school bus shall:

              (i) instruct pupils on the necessity to board the school bus promptly in the afternoon in order to reduce loading time;

              (ii) whenever possible, park the school bus diagonally in school loading areas to minimize the exhaust from adjacent buses that may enter the school bus and school buildings; and

              (iii) turn off the bus engine during sporting or other events.

              (4)  Notice.  Each school district shall annually provide their school personnel, no later than five school days after the start of school, with notice of the provisions of Education Law section 3637 and of this section, in a format prescribed and provided by the Commissioner to such school districts for dissemination.

              (5)  Monitoring and reports.  Each school district shall periodically but at least  semi-annually monitor compliance with the provisions of this subdivision by school bus drivers and drivers of vehicles owned, leased or contracted for by such school district.  Each school district shall prepare a written report of such review, which shall describe the actions taken to review compliance and the degree of adherence found with the provisions of this subdivision.  Copies of the report shall be retained in the school district's files for a period of six years and made available upon request.  The Commissioner may also require specific school districts to provide additional information as necessary to address health concerns related to their compliance with the provisions of this subdivision.

              (6)  Private vendor transportation contracts.  All contracts for pupil transportation services between a school district and a private vendor that are entered into on or after July 1, 2008, shall include a provision requiring such vendor's compliance with the provisions of this subdivision .