42 U.S.C. § 16091
Section 16091 · Clean school bus program1
Current version, with additions and removals from the August 8, 2005 version.
In this section:
In this section:
(1) Administrator
(1) Administrator
The term “Administrator” means the Administrator of the Environmental Protection Agency.
The term "Administrator" means the Administrator of the Environmental Protection Agency.
(2) Alternative fuel
(2) Alternative fuel
The term “alternative fuel” means—
(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
(3) Clean school bus
(A) is powered by a heavy duty engine; and
(B) is operated solely on an alternative fuel or ultra-low sulfur diesel fuel.
(A) the Administrator certifies reduces emissions and is operated entirely or in part using an alternative fuel; or
(B) is a zero-emission school bus.
The term "eligible contractor" means a contractor that is a for-profit, not-for-profit, or nonprofit entity that has the capacity—
(A) to sell, lease, license, or contract for service clean school buses, zero-emission school buses, charging or fueling infrastructure, or other equipment needed to charge, fuel, or maintain clean school buses or zero-emission school buses, to individuals or entities that own, lease, license, or contract for service a school bus or a fleet of school buses; or
(B) to arrange financing for such a sale, lease, license, or contract for service.
(5) Eligible recipient
(A) In general
(A) In general
Subject to subparagraph (B), the term “eligible recipient” means—
Subject to subparagraph (B), the term "eligible recipient" means—
(i) 1 or more local or State governmental entities responsible for—
(i) 1 or more local or State governmental entities responsible for—
(I) providing school bus service to 1 or more public school systems; or
(I) providing school bus service to 1 or more public school systems; or
(ii) 1 or more contracting entities that provide school bus service to 1 or more public school systems; or
(ii) an eligible contractor;
(iv) a charter school (as defined in section 7221i of title 20) responsible for the purchase, lease, license, or contract for service of school buses for that charter school; or
(v) an Indian Tribe (as defined in section 5304 of title 25), Tribal organization (as defined in that section), or tribally controlled school (as defined in section 2511 of title 25) that is responsible for—
(I) providing school bus service to 1 or more Bureau-funded schools (as defined in section 2021 of title 25); or
(II) the purchase, lease, license, or contract for service of school buses.
(B) Special requirements
(B) Special requirements
(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.
(6) High-need local educational agency
The term "high-need local educational agency" means a local educational agency (as defined in section 7801 of title 20) that is among the local educational agencies in the applicable State with high percentages of children counted under section 6333(c) of title 20, on the basis of the most recent satisfactory data available, as determined by the Secretary of Education (or, for a local educational agency for which no such data is available, such other data as the Secretary of Education determines to be satisfactory).
(7) School bus
The term "school bus" has the meaning given the term "schoolbus" in section 30125(a) of title 49.
(8) Zero-emission school bus
The term "zero-emission school bus" means a school bus that is certified by the Administrator to have a drivetrain that produces, under any possible operational mode or condition, zero exhaust emission of—
(A) any air pollutant that is listed pursuant to section 7408(a) of this title (or any precursor to such an air pollutant); and
(B) any greenhouse gas.
(1) Establishment
(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—
The Administrator shall establish a program—
(A) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with clean school buses;
(B) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with zero-emission school buses;
(C) to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with clean school buses; and
(D) to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with zero-emission school buses.
(2) Allocation of funds
Of the amounts made available for awards under paragraph (1) in a fiscal year, the Administrator shall award—
(ii) to install retrofit technologies.
(B) 50 percent to replace existing school buses with clean school buses and zero-emission school buses.
(3) Considerations
In making awards under paragraph (2)(B), the Administrator shall take into account the following criteria and shall not give preference to any individual criterion:
(A) Lowest overall cost of bus replacement.
(B) Local conditions, including the length of bus routes and weather conditions.
(C) Technologies that most reduce emissions.
(D) Whether funds will bring new technologies to scale or promote cost parity between old technology and new technology.
(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.
In making awards under paragraph (1), the Administrator may prioritize applicants that—
(A) propose to replace school buses that serve—
(i) a high-need local educational agency;
(ii) a Bureau-funded school (as defined in section 2021 of title 25); or
(iii) a local educational agency that receives a basic support payment under section 7703(b)(1) of title 20 for children who reside on Indian land;
(B) serve rural or low-income areas; or
(C) propose to complement the assistance received through the award by securing additional sources of funding for the activities supported through the award, such as through—
(i) public-private partnerships;
(ii) grants from other entities; or
(iii) issuance of school bonds.
(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
All clean school buses and zero-emission school buses acquired with funds provided under this section shall—
(A) be operated as part of the school bus fleet for which the award was made for not less than 5 years, except that, if the award is to an eligible contractor and the contract with the local educational agency (including charter schools operating as local educational agencies under State law) ends before the end of the 5-year period, those school buses may be operated as part of another local educational agency eligible for the same or higher priority consideration under paragraph (4), subject to the limitations under paragraph (7);
(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
(C) not be manufactured or retrofitted with, or otherwise have installed, a power unit or other technology that creates air pollution within the school bus, such as an unvented diesel passenger heater.
(6) Awards
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.
In making awards under paragraph (1), the Administrator may make awards for up to 100 percent of the costs for replacement of existing school buses with clean school buses, zero-emission school buses, and charging or fueling infrastructure.
(B) Structuring awards
In making an award under paragraph (1)(A), the Administrator shall decide whether to award a grant or rebate, or a combination thereof, based primarily on how best to facilitate replacing existing school buses with clean school buses or zero-emission school buses, as applicable.
(7) Deployment and distribution
(7) Deployment and distribution
The Administrator shall, to the maximum extent practicable—
(A) In general
The Administrator shall—
(ii) ensure a broad geographic distribution of awards.
(B) Limitation
(8) Annual report
(8) Annual report
(A) 3 In general
(i) evaluates the implementation of this section; and
(ii) describes—
(II) the number and types of alternative fuel school buses, ultra-low sulfur diesel fuel school buses, and retrofitted buses requested in grant applications;
(B) the quantity and amount of grants and rebates awarded and the location of the recipients of the grants and rebates;
(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
(1) In general
(1) In general
(2) Coordination with stakeholders
(2) Coordination with stakeholders
(3) Components
(3) Components
(D) make available information regarding best practices, lessons learned, and technical and other information regarding—
(i) clean school bus and zero-emission school bus acquisition and deployment;
(ii) the build-out of associated infrastructure and advance planning with the local electricity supplier;
(iii) workforce development, training, and Registered Apprenticeships that meet the requirements under parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on December 1, 2019); and
(iv) any other information that is necessary, as determined by the Administrator; and
The Administrator may use, for the administrative costs of carrying out this section, not more than 3 percent of the amounts made available to carry out this section for any fiscal year.
The Administrator shall have the authority to issue such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner, result in emissions reductions, and maximize public health benefits.
(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) $500,000,000 shall be made available for the adoption of clean school buses and zero-emission school buses; and
(2) $500,000,000 shall be made available for the adoption of zero-emission school buses.