42 U.S.C. § 16091a: Clean school bus program

Summary

Creates a competitive grant program at the Environmental Protection Agency to help buy, retrofit, or fuel heavy school buses so they pollute less. Eligible recipients include local or State school bus authorities, companies that run school bus service, and nonprofit school-transportation groups. The EPA Administrator, working with the Energy Secretary, will run the program. Key definitions: Administrator = EPA Administrator; Secretary = Energy Secretary; alternative fuel = liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, propane, methanol or ethanol at 85% or more, or certain biodiesel (ASTM standard as of August 10, 2005); clean school bus = bus over 14,000 pounds with a heavy-duty engine that runs only on an alternative fuel or ultra-low sulfur diesel; retrofit technology = verified particulate filter or other certified emissions control; ultra-low sulfur diesel = diesel with no more than 15 parts per million sulfur. Grants must be competitive and balanced between replacing buses, installing retrofit equipment, and buying alternative fuel. Priority goes to replacing buses made before model year 1977 and to retrofitting buses made in or after 1991. Retrofit grants may cover up to 100% of costs. Replacement grants may cover up to 50% of cost for certain 2005–2006 engines meeting 1.8 g/bhp-hr (NMHC+NOx) and 0.01 g/bhp-hr PM limits, or for certain 2007–2009 engines meeting EPA standards; grants up to 25% are available for engines meeting 2.5 g/bhp-hr (NMHC+NOx) and 0.01 g/bhp-hr PM for 2005–2006 or for 2007 and later that meet EPA standards. Buses bought or retrofitted with grants must stay in the same fleet at least 5 years and be maintained per manufacturer or State rules. The EPA must try to spread grants nationwide and limit any one State to no more than 10% of funds each year. The EPA must report to Congress by January 31 each year on applications, awards, engine emissions, in-use emissions, and other program details. The EPA had to start an outreach program within 90 days after August 10, 2005, with school-bus groups to explain the program and how to apply. Funding authorized: $55,000,000 for each of fiscal years 2006 and 2007, and whatever sums are needed for fiscal years 2008, 2009, and 2010.

Title 42, §16091a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definitions

In this section, the following definitions apply:

(1)Administrator (2) Alternative fuel

The term “Administrator” means the Administrator of the Environmental Protection Agency.

(3)Clean school bus

The term “clean school bus” means a school bus with a gross vehicle weight of greater than 14,000 pounds that—

(A)is powered by a heavy duty engine; and

(B)is operated solely on an alternative fuel or ultra-low sulfur diesel fuel.

(4)Eligible recipient

(A)In general

Subject to subparagraph (B), the term “eligible recipient” means—

(i)one or more local or State governmental entities responsible for providing school bus service to one or more public school systems or the purchase of school buses;

(ii)one or more contracting entities that provide school bus service to one or more public school systems; or

(iii)a nonprofit school transportation association.

(B)Special requirements

In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and may establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased or retrofit using grant funds made available under this section.

(5)Retrofit technology

The term “retrofit technology” means a particulate filter or other emissions control equipment that is verified or certified by the Administrator or the California Air Resources Board as an effective emission reduction technology when installed on an existing school bus.

(6)Secretary

The term “Secretary” means the Secretary of Energy.

(7)Ultra-low sulfur diesel fuel

The term “ultra-low sulfur diesel fuel” means diesel fuel that contains sulfur at not more than 15 parts per million.

(b)Program for retrofit or replacement of certain existing school buses with clean school buses

(1)Establishment

(A)In general

The Administrator, in consultation with the Secretary and other appropriate Federal departments and agencies, shall establish a program for awarding grants on a competitive basis to eligible recipients for the replacement of, retrofit (including repowering, aftertreatment, and remanufactured engines) of, or purchase of alternative fuels for, certain existing school buses. The awarding of grants for the purchase of alternative fuels should be consistent with the historic funding levels of the program for such purchase.

(B)Balancing

In awarding grants under this section, the Administrator shall achieve, to the maximum extent practicable, achieve an appropriate balance between awarding grants—

(i)to replace school buses;

(ii)to install retrofit technologies; and

(iii)to purchase and use alternative fuel.

(2)Priority of grant applications

(A)Replacement

In the case of grant applications to replace school buses, the Administrator shall give priority to applicants that propose to replace school buses manufactured before model year 1977.

(B)Retrofitting

In the case of grant applications to retrofit school buses, the Administrator shall give priority to applicants that propose to retrofit school buses manufactured in or after model year 1991.

(3)Use of school bus fleet

(A)In general

All school buses acquired or retrofitted with funds provided under this section shall be operated as part of the school bus fleet for which the grant was made for not less than 5 years.

(B)Maintenance, operation, and fueling

New school buses and retrofit technology shall be maintained, operated, and fueled according to manufacturer recommendations or State requirements.

(4)Retrofit grants

The Administrator may award grants under this section for up to 100 percent of the retrofit technologies and installation costs.

(5)Replacement grants

(A)Eligibility for 50 percent grants

The Administrator may award grants under this section for replacement of school buses in the amount of up to one-half of the acquisition costs (including fueling infrastructure) for— (i)

(ii)clean school buses with engines manufactured in model year 2007, 2008, or 2009 that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter to be applicable for school buses manufactured in model year 2010.

(B)Eligibility for 25 percent grants

The Administrator may award grants under this section for replacement of school buses in the amount of up to one-fourth of the acquisition costs (including fueling infrastructure) for— (i)

(ii)clean school buses with engines manufactured in model year 2007 or thereafter that satisfy regulatory requirements established by the Administrator for emissions of oxides of nitrogen and particulate matter from school buses manufactured in that model year.

(6)Ultra-low sulfur diesel fuel

(A)In general

In the case of a grant recipient receiving a grant for the acquisition of ultra-low sulfur diesel fuel school buses with engines manufactured in model year 2005 or 2006, the grant recipient shall provide, to the satisfaction of the Administrator— (i)

(ii)a commitment by the applicant to use that fuel in carrying out the purposes of the grant.

(7)Deployment and distribution

The Administrator, to the maximum extent practicable, shall—

(A)achieve nationwide deployment of clean school buses through the program under this section; and

(B)ensure a broad geographic distribution of grant awards, with no State receiving more than 10 percent of the grant funding made available under this section during a fiscal year.

(8)Annual report

(A)2 In general

Not later than January 31 of each year, the Administrator shall submit to Congress a report that—

(i)evaluates the implementation of this section; and

(ii)describes—

(I)the total number of grant applications received;

(II)the number and types of alternative fuel school buses, ultra-low sulfur diesel fuel school buses, and retrofitted buses requested in grant applications;

(III)grants awarded and the criteria used to select the grant recipients;

(IV)certified engine emission levels of all buses purchased or retrofitted under this section;

(V)an evaluation of the in-use emission level of buses purchased or retrofitted under this section; and

(VI)any other information the Administrator considers appropriate.

(c)Education

(1)In general

Not later than 90 days after August 10, 2005, the Administrator shall develop an education outreach program to promote and explain the grant program.

(2)Coordination with stakeholders

The outreach program shall be designed and conducted in conjunction with national school bus transportation associations and other stakeholders.

(3)Components

The outreach program shall—

(A)inform potential grant recipients on the process of applying for grants;

(B)describe the available technologies and the benefits of the technologies;

(C)explain the benefits of participating in the grant program; and

(D)include, as appropriate, information from the annual report required under subsection (b)(8).

(d)Authorization of appropriations

There are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended—

(1)$55,000,000 for each of fiscal years 2006 and 2007; and

(2)such sums as are necessary for each of fiscal years 2008, 2009, and 2010.

Editorial Notes

Codification Section was enacted as part of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or the SAFETEA–LU, and not as part of the Energy Policy Act of 2005 which comprises this chapter.

§16091a Clean School Bus Program

Summary

Title 42, §16091a

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata