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

(a) Definitions. "Administrator" is the EPA Administrator. "Alternative fuel" means liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, or propane; methanol or ethanol that's at least 85% pure; or biodiesel that meets a specific 2005 industry testing standard. A "clean school bus" is a bus weighing more than 14,000 pounds that has a heavy-duty engine and runs only on alternative fuel or ultra-low sulfur diesel. "Eligible recipient" means local or state government bodies that run school bus service or buy buses; contracting entities that provide bus service to public schools; or nonprofit school transportation associations — and for the last two groups, the Administrator must set timely notice rules and may require approval from the school systems the buses serve. "Retrofit technology" is a particulate filter or other pollution-control equipment verified by the EPA or California's Air Resources Board as effective on an existing school bus. "Secretary" means the Secretary of Energy. "Ultra-low sulfur diesel fuel" is diesel with no more than 15 parts per million of sulfur. (b) Program for retrofit or replacement of certain existing school buses with clean school buses. (1) Establishment: The Administrator, working with the Secretary of Energy and other federal agencies, must run a competitive grant program to replace, retrofit (including new engines, add-on pollution controls, or remanufactured engines), or supply alternative fuel to old school buses — and grants for buying alternative fuel should match past funding levels. The Administrator must try to balance grant money fairly between replacing buses, installing retrofit technology, and buying alternative fuel. (2) Priority of grant applications: For replacement grants, priority goes to applicants replacing buses built before model year 1977. For retrofit grants, priority goes to applicants retrofitting buses built in or after model year 1991. (3) Use of school bus fleet: Any bus bought or retrofitted with this money must stay in that fleet for at least 5 years, and must be maintained, run, and fueled as the manufacturer or state requires. (4) Retrofit grants: The Administrator can cover up to 100% of retrofit technology and installation costs. (5) Replacement grants: The Administrator can cover up to half the cost of buying a clean bus (including fueling infrastructure) if its engine is from model year 2005 or 2006 and emits no more than 1.8 grams per brake horsepower-hour of combined hydrocarbons and nitrogen oxides and 0.01 grams per brake horsepower-hour of particulate matter, or if its engine is from 2007-2009 and meets the stricter standards that will apply to 2010 buses. The Administrator can cover up to a quarter of the cost for buses with slightly higher-emitting 2005-2006 engines (2.5 grams per brake horsepower-hour combined, same particulate limit) or for buses with 2007-or-later engines meeting that model year's standards. (6) Ultra-low sulfur diesel fuel: A recipient getting a grant for 2005-2006 model buses using ultra-low sulfur diesel must prove to the Administrator that this low-sulfur fuel (15 ppm or less) is actually available, and must commit to using it. (7) Deployment and distribution: The Administrator must try to spread clean buses nationwide and across states, and no state can get more than 10% of a year's grant funding. (8) Annual report: By January 31 each year, the Administrator must send Congress a report evaluating the program and covering: the number of applications received; the number and type of alternative-fuel, ultra-low-sulfur-diesel, and retrofitted buses requested; grants awarded and how recipients were chosen; the certified emission levels of all buses funded; an evaluation of how those buses actually perform in use; and any other information the Administrator thinks is useful. (c) Education. (1) Within 90 days of August 10, 2005, the Administrator had to build an outreach program explaining the grant program. (2) That program had to be built together with national school bus transportation associations and other stakeholders. (3) It had to explain how to apply for grants, describe available technologies and their benefits, explain the benefits of joining the program, and include relevant information from the annual report described above. (d) Authorization of appropriations. Congress authorized $55,000,000 for each of 2006 and 2007, plus whatever amount is needed for 2008, 2009, and 2010 — money that stays available until spent.