Part C - Clean School Buses

42 USC 16091 - Clean school bus program1

(a) Definitions 
In this section:
(1) Administrator 
The term Administrator means the Administrator of the Environmental Protection Agency.
(2) Alternative fuel 
The term alternative fuel means
(A) liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, or propane;
(B) methanol or ethanol at no less than 85 percent by volume; or
(C) biodiesel conforming with standards published by the American Society for Testing and Materials as of August 8, 2005.
(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) 1 or more local or State governmental entities responsible for
(I) providing school bus service to 1 or more school">public school systems; or
(II) the purchase of school buses;
(ii) 1 or more contracting entities that provide school bus service to 1 or more school">public school systems; or
(iii) a nonprofit">nonprofit school transportation association.
(B) Special requirements 
In the case of eligible recipients identified under clauses (ii) and (iii),[2] the Administrator shall establish timely and appropriate requirements for notice and may establish timely and appropriate requirements for approval by the school">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) 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, or retrofit (including repowering, aftertreatment, and remanufactured engines) of, certain existing school buses.
(B) Balancing 
In awarding grants under this section, the Administrator shall, to the maximum extent practicable, achieve an appropriate balance between awarding grants
(i) to replace school buses; and
(ii) to install retrofit technologies.
(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 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 for replacement of school buses in the amount of up to one-half of the acquisition costs (including fueling infrastructure) for
(i) clean school buses with engines manufactured in model year 2005 or 2006 that emit not more than
(I) 1.8 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of nitrogen; and
(II) .01 grams per brake horsepower-hour of particulate matter; or
(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 for replacement of school buses in the amount of up to one-fourth of the acquisition costs (including fueling infrastructure) for
(i) clean school buses with engines manufactured in model year 2005 or 2006 that emit not more than
(I) 2.5 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of nitrogen; and
(II) .01 grams per brake horsepower-hour of particulate matter; or
(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)  3 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) documentation that diesel fuel containing sulfur at not more than 15 parts per million is available for carrying out the purposes of the grant; and
(ii) a commitment by the applicant to use that fuel in carrying out the purposes of the grant.
(7) Deployment and distribution 
The Administrator shall, to the maximum extent practicable
(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)  3 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 8, 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.
[1] This section is substantially identical to section 16091a of this title.
[2] So in original. Probably means clauses (ii) and (iii) of subparagraph (A).
[3] So in original. No subpar. (B) was enacted.

42 USC 16091a - Clean school bus program1

(a) Definitions 
In this section, the following definitions apply:
(1) Administrator 
The term Administrator means the Administrator of the Environmental Protection Agency.
(2) Alternative fuel 
The term alternative fuel means
(A) liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, or propane;
(B) methanol or ethanol at no less than 85 percent by volume; or
(C) biodiesel conforming with standards published by the American Society for Testing and Materials as of August 10, 2005.
(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 school">public school systems or the purchase of school buses;
(ii) one or more contracting entities that provide school bus service to one or more school">public school systems; or
(iii) a nonprofit">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 school">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[2] 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) clean school buses with engines manufactured in model year 2005 or 2006 that emit not more than
(I) 1.8 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of nitrogen; and
(II) .01 grams per brake horsepower-hour of particulate matter; or
(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) clean school buses with engines manufactured in model year 2005 or 2006 that emit not more than
(I) 2.5 grams per brake horsepower-hour of non-methane hydrocarbons and oxides of nitrogen; and
(II) .01 grams per brake horsepower-hour of particulate matter; or
(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)  3 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) documentation that diesel fuel containing sulfur at not more than 15 parts per million is available for carrying out the purposes of the grant; and
(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)  3 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.
[1] This section is substantially identical to section 16091 of this title.
[2] So in original. The word “achieve” probably should not appear.
[3] So in original. No subpar. (B) was enacted.

42 USC 16092 - Diesel truck retrofit and fleet modernization program

(a) Establishment 
The Administrator, in consultation with the Secretary, shall establish a program for awarding grants on a competitive basis to public agencies and entities for fleet modernization programs including installation of retrofit technologies for diesel trucks.
(b) Eligible recipients 
A grant shall be awarded under this section only to a State or local government or an agency or instrumentality of a State or local government or of two or more State or local governments who will allocate funds, with preference to ports and other major hauling operations.
(c) Awards 

(1) In general 
The Administrator shall seek, to the maximum extent practicable, to ensure a broad geographic distribution of grants under this section.
(2) Preferences 
In making awards of grants under this section, the Administrator shall give preference to proposals that
(A) will achieve the greatest reductions in emissions of nonmethane hydrocarbons, oxides of nitrogen, and/or particulate matter per proposal or per truck; or
(B) involve the use of Environmental Protection Agency or California Air Resources Board verified emissions control retrofit technology on diesel trucks that operate solely on ultra-low sulfur diesel fuel after September 2006.
(d) Conditions of grant 
A grant shall be provided under this section on the conditions that
(1) trucks which are replacing scrapped trucks and on which retrofit emissions-control technology are to be demonstrated
(A) will operate on ultra-low sulfur diesel fuel where such fuel is reasonably available or required for sale by State or local law or regulation;
(B) were manufactured in model year 1998 and before; and
(C) will be used for the transportation of cargo goods especially in port areas or used in goods movement and major hauling operations;
(2) grant funds will be used for the purchase of emission control retrofit technology, including State taxes and contract fees; and
(3) grant recipients will provide at least 50 percent of the total cost of the retrofit, including the purchase of emission control retrofit technology and all necessary labor for installation of the retrofit, from any source other than this section.
(e) Verification 
Not later than 90 days after August 8, 2005, the Administrator shall publish in the Federal Register procedures to
(1) make grants pursuant to this section;
(2) verify that trucks powered by ultra-low sulfur diesel fuel on which retrofit emissions-control technology are to be demonstrated will operate on diesel fuel containing not more than 15 parts per million of sulfur after September 2006; and
(3) verify that grants are administered in accordance with this section.
(f) Authorization of appropriations 
There are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended the following sums:
(1) $20,000,000 for fiscal year 2006.
(2) $35,000,000 for fiscal year 2007.
(3) $45,000,000 for fiscal year 2008.
(4) Such sums as are necessary for each of fiscal years 2009 and 2010.

42 USC 16093 - Fuel cell school buses

(a) Establishment 
The Secretary shall establish a program for entering into cooperative agreements
(1) with private sector fuel cell bus developers for the development of fuel cell-powered school buses; and
(2) subsequently, with not less than 2 units of local government using natural gas-powered school buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered school buses.
(b) Cost sharing 
The non-Federal contribution for activities funded under this section shall be not less than
(1) 20 percent for fuel infrastructure development activities; and
(2) 50 percent for demonstration activities and for development activities not described in paragraph (1).
(c) Reports to Congress 
Not later than 3 years after August 8, 2005, the Secretary shall transmit to Congress a report that
(1) evaluates the process of converting natural gas infrastructure to accommodate fuel cell-powered school buses; and
(2) assesses the results of the development and demonstration program under this section.
(d) Authorization of appropriations 
There are authorized to be appropriated to the Secretary to carry out this section $25,000,000 for the period of fiscal years 2006 through 2009.