U.S Code last checked for updates: May 09, 2024
All TitlesTitle 42Chapter 149Subchapter VIIPart C
§ 16091a.
Clean school bus program
(a)
Definitions
In this section, the following definitions apply:
(1)
Administrator
(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 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
(5)
Retrofit technology
(6)
Secretary
(7)
Ultra-low sulfur diesel fuel
(b)
Program for retrofit or replacement of certain existing school buses with clean school buses
(1)
Establishment
(A)
In general
(B)
Balancing
In awarding grants under this section, the Administrator shall achieve, to the maximum extent practicable, achieve 1
1
 So in original. The word “achieve” probably should not appear.
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
(B)
Retrofitting
(3)
Use of school bus fleet
(A)
In general
(B)
Maintenance, operation, and fueling
(4)
Retrofit grants
(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)
 2
2
 So in original. No subpar. (B) was enacted.
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)
 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
(2)
Coordination with 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.
(Pub. L. 109–59, title VI, § 6015, Aug. 10, 2005, 119 Stat. 1884.)
cite as: 42 USC 16091a
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