States can
take a number of steps to reduce the dangerous effects of
diesel exhaust on schoolchildren. State legislation can
limit idling times of school buses, mandate the use of low-sulfur
or biodiesel fuel, provide educational programs to parents
and community members on the need for cleaner burning vehicles
near schools, provide funds for retrofitting old diesel
engines, and assist schools in purchasing newer, cleaner
vehicles that are equipped to burn alternative fuels.
Existing State Law
California
Effective July 16, 2003, the Airborne
Toxic Control Measure to Limit School Bus Idling and Idling
at Schools (ATCM), seeks to reduce public exposure,
especially school age children’s exposure, to diesel
exhaust particulate matter and other toxic air contaminants
by limiting unnecessary idling of specified vehicular sources.
Connecticut
Signed into law on May 9, 2002, Public
Act No. 02-56 (Title 14, Chapter 248, Section 277(b)
of the Connecticut Revised Statutes) limits school bus idling
to 3 minutes, with exceptions for traffic and weather conditions.
Minnestota
Adopted in 2002, Minnesota
Statutes 123B.885(1) requires that school bus operators
“minimize, to the extent practical, the idling of school
bus engines and exposure of children to diesel exhaust fumes.”
Subdivision (2) requires that “school buses must be
parked and loaded at sufficient distance from school air-intake
systems to avoid diesel fumes from being drawn into the
systems unless, in the judgment of the school board, alternative
locations block traffic, impair student safety, or are not
cost effective.”
New Mexico
Passed in 2002, Chapter
13, Article 1B of the New Mexico Statutes Unannotated,
requires that “[s]eventy-five percent of vehicles
acquired in fiscal year 2003 and each fiscal year thereafter
by the agencies and departments of state government and
educational institutions shall be vehicles that are capable
of operating on alternative fuel or are gas-electric hybrid
vehicles.”
Washington
Passed 4/18/03, Title
28A, Chapter 160, Sections 800-806 of the Revised Code
of Washington, establishes a biodiesel pilot project for
school buses powered by ultra low sulfur diesel fuel and
provides for the selection of participating school districts.
Pending Legislation
California
SB
701 (California Clean Air Bond Act of 2004), introduced
2/21/03, authorizes the issuance of bonds, for purposes
of financing an air quality program, in the amount of $4,550,000,000;
$300,000,000 would be allocated to fund schoolbus and transit
bus retrofit and engine replacement programs and cleaner
bus fueling infrastructure projects.
Status: In Senate 2/2/04
AB
2644, introduced 2/20/04, codifies regulations adopted
by the State Air Resources Board that establish toxic control
measures to limit schoolbus idling and idling at schools.
The regulations require drivers turn off the bus or vehicle
engine upon stopping at or within 100 feet of a school,
prohibits those drivers from turning the bus or vehicle
engine on more than 30 seconds before beginning to depart
from a school or within 100 feet of a school, and prohibits
those drivers from causing the bus or vehicle to idle for
more than 5 consecutive minutes or 5 aggregate minutes in
any one hour at any location greater than 100 feet from
a school. The regulations also provide for enforcement.
Status: Passed Assembly; To Senate 5/3/04
Illinois
HB
6714, introduced 2/9/04, amends the School Code; requires
a school board to adopt a policy that prohibits a school
bus that is in operation for the purpose of transporting
students to or from school or a school-related function
or activity from running on idle for more than 5 minutes
while the bus is parked; and, provides that the policy must
require all diesel school buses when in use, to be parked
and loaded 100 feet from school air-intake systems, unless
the school board deems alternative locations block traffic,
impair student safety, or are not cost-effective and when
not in use, to be parked in a manner to reduce contamination
of school bus cabins and school facilities from diesel engine
exhaust fumes.
Status: Tabled by Sponsor 3/24/04
HB
3958, introduced 12/9/03, provides that any school bus
purchased on or after January 1, 2005 to transport students
to or from any school for grades K through 12 supported
in whole or in part by state funds must be equipped to use
biodiesel fuel; and, provides that any school bus used to
transport students to or from a school covered by the provision
must use biodiesel fuel unless biodiesel fuel is unavailable
in the vicinity of the school or unless the school bus is
not equipped to use biodiesel fuel.
Status: Tabled by Sponsor 3/2/04
Nebraska
LB
1037, introduced 1/13/04, provides funds to school districts
using biodiesel blends and provides duties for the Department
of Agriculture.
Status: To Legislative Committee on Agriculture, 1/14/04
New Jersey
S
548, introduced 1/13/04, limits school bus idle time
to five minutes with certain exceptions.
Status: To Senate Committee on Transportation, 1/13/04
Rhode Island
H
7370, introduced 1/27/04, would regulate the idle times
of diesel powered motor vehicles and establish fines for
violations of the regulation.
Status: To House Committee on Health, Education, and Welfare,
1/27/04
H
7371, introduced 1/27/04, would provide that the operator
of a school bus not operate the engine of any school bus
for more than three (3) consecutive minutes when the bus
is not in motion.
Status: To House Committee on Health, Education, and Welfare,
1/27/04
Washington
HB
2821, introduced 1/21/04, protects student health by
providing incentives for using clean-burning alternative
fuels in school buses.
Status: To House Committee on Transportation, 1/21/04
State Clean Bus Programs
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