Bill Text

All effective school bus diesel initiatives should:

• Include a Low Emission Vehicle Program, which annually amends its long-term strategic plan (if necessary) in order to stay on track with implementation dates to clean up or convert diesel bus fleets to alternative fuels (see New York AB 409, 2001);
• Require local school districts to provide diesel fuel emissions information to parents (see Minnesota SF 2737, introduced on 2/7/02 by Senator Pappas);
• Include a policy to limit idling of school buses (see New Hampshire rule Env-A 1101.05 forbidding idling);
• Require preferential purchase of CNG (compressed natural gas) or other alternative fuel types for all new bus purchases;
• Retrofit buses manufactured since 1994 with particulate traps or other emissions control devices and require the use of low-sulfur diesel fuel for these buses;
• Encourage retirement, when possible, of buses manufactured prior to 1994, and replacement of these buses with alternative fuel buses, or other cleaner buses;
• Include collection of scientific data and statistics that measure local air quality;
• Include consideration of scientific data that demonstrate children’s disproportionate susceptibility to contaminants in the air, including their faster respiratory rates, higher levels of physical activity, smaller body size, and narrower airways; and
• Impose penalties for noncompliance.

State School Bus Diesel Emissions Control Act

(Note: This legislation is based, in part, on Connecticut bills SB 495 (2002) and HB 5663 (2002) and on the California South Coast Air Quality Management District’s Rule #1195)

Summary: An Act to prohibit the idling of school buses except in certain situations; require any new school bus, purchased or leased, on or after January 1, 2005, to be run on alternative-fuel; require that used or existing diesel school buses be retrofitted with a control device to reduce hazardous air pollutants and criteria air pollutant emissions, and powered by diesel fuel with a sulfur content of no more than 15 parts per million; and, for other purposes.

The people of the state of <insert your state here>, represented in the state Legislature, do enact as follows:

Section 1. Short Title.

This Act shall be known and may be cited as the “State School Bus Diesel Emissions Control Act.”

Section 2. Findings and Declarations.

The Legislature for the state of <insert your state here> finds and declares the following:

(A) Motor vehicles have a significant impact on the environment and public health of the state of <insert your state here>. Motor vehicles account for more than half of all air pollutants, almost sixty percent of total carbon dioxide emissions, and a significant portion of toxic contaminants in <insert your state here>;

(B) Diesel exhaust, in particular, is likely to cause lung cancer in humans, chronic and acute bronchitis, asthma attacks, and respiratory illnesses. Children are particularly at risk. Thousands of students in <insert your state here> risk their health breathing exhaust from riding diesel-powered buses to school every day;

(C) Although stringent standards established by the U.S. Environmental Protection Agency (EPA) for new diesel engine technology will take effect with the 2007 model-year, a significant majority of diesel-powered school buses now in use in <insert your state here> will continue to be used for the next thirteen or more years; and

(D) It is in the best interests of <insert your state here> to act now to reduce the harmful effects of outdated, high-emission diesel school buses.

Section 3. Definitions.

For the purposes of this Act, the terms below are defined as follows:

(A) “Alternative-fueled engine of school bus” means any engine or school bus that uses compressed or liquefied natural gas, propane, methanol, electricity, fuel cells, or other advanced technologies that do not rely on diesel fuel, and has been certified by a state or federal regulatory agency.

(B) “Approved control device(s)” means an exhaust control device(s) that is verified or certified by a state or federal regulatory agency to reduce particulate matter and possibly other precursor emissions. For the purposes of this rule, a new school bus equipped with approved control devices means that the engine family has been certified. A pre-owned school bus equipped with approved control devices means that the device has been verified or certified. To be considered fitted with an approved control device(s), all diesel exhaust from the vehicle must be vented through such a device(s) that has been fitted at the time of vehicle purchase or fitted by a certified device installer at the time the device is delivered to the operator. The vehicle equipped with such a control device must use diesel fuel with a sulfur content no greater than 15 parts per million (ppm) by weight.

(C) “Public or private school bus fleet operator” means a person who owns, leases, or operates school buses in the state. A person is any public or private entity responsible for administering and managing school bus transportation services.

(D) “School bus” means any motor bus painted, constructed, equipped, and registered as hereinafter provided, which is regularly used for transporting school children to and from school or school activities whether or not for compensation or under contract to provide such service.

Section 4. Applicability.

This rule applies to those school bus fleets with 15 or more school buses, operated by public and private entities. This rule shall not apply to school bus fleets located outside of the state that transport passengers, who reside outside of the state, into the state for purposes of field trips or other student-related events.

Section 5. Purchases of New or Pre-Owned School Buses.

Notwithstanding any other provision of law, on or after two years from the effective date of this Act, additions or replacement of school buses to an existing fleet, or formation of a new fleet, shall be by purchase or lease of alternative-fueled buses. Purchases of existing pre-owned school buses, after two years from the effective date of this Act, shall be alternative-fueled buses.

Section 6. Retrofits of Existing Fleets.

(A) Beginning no later than one year after the effective date and ending no later than two years after the effective date, the operator shall equip 25 percent of the school buses in the existing fleet with approved control devices. The diesel-powered school bus must be equipped with an approved control device if the school bus relies on diesel fuel. Priority for retrofits should be given to any older buses in the fleet that operate with four-stroke engines (i.e., buses manufactured since the 1994 model-year).

(B) Beginning no later than two years after the effective date, and ending no later than three years after the effective date, the operator shall equip an additional 25 percent of the school buses in the existing fleet with approved control devices. The diesel-powered school bus must be equipped with an approved control device if the school bus relies on diesel fuel. Priority for retrofits should be given to any older buses in the fleet that operate with four-stroke engines (i.e., buses manufactured since the 1994 model-year).

(C) The operator shall continue to equip, at a minimum, 15 percent of the existing diesel school buses with approved control devices on a yearly basis until the entire fleet of existing diesel-powered school buses that are capable of operating with approved control devices are equipped with such devices.

(D) Beginning no later than one year after the effective date, the operator shall fuel the entire fleet of diesel buses with only low-sulfur diesel fuel with a sulfur content of 15 ppm or lower.

Section 7. Exemptions.

(A) Funding for Bus Purchases. If sufficient grant funding or external sources of funding beyond that of the school bus fleet operator’s fiscal budget is not available to substantially offset the differential purchase cost of an alternative-fueled school bus compared to the cost of a new diesel-powered school bus equipped with an approved control device, the operator may submit a “Certificate of Need” to <insert the appropriate state official or agency for your state>. If offset funding is confirmed to be unavailable, the operator shall be permitted to purchase or lease a new diesel-powered school bus equipped with an approved control device if such bus will be fueled only with low-sulfur diesel fuel.

(B) Funding for Refueling Stations. If a public or private school bus fleet operator does not receive external funding (beyond the school bus fleet operator’s financial budget) of at least <insert a dollar figure appropriate for the locality, depending on the local natural gas pipeline infrastructure> to build a new alternative-fuel refueling station or to upgrade an existing maintenance facility to required standards to handle alternative-fueled school buses, and an alternative-fuel refueling station for alternative-fueled school buses is not available within five miles of the vehicle storage or maintenance yards, the school bus fleet operator may submit a “Certificate of Need to <insert the appropriate state official or agency for your state>. If funding is confirmed to be unavailable, the operator shall be permitted to purchase or lease a diesel-powered school bus equipped with an approved control device. For the purpose of this provision, any external funding, other than funds to cover the incremental cost of the purchase of the alternative-fueled school bus, offered by a publicly funded incentives program shall be considered to be available to cover the cost of a new alternative-fuel refueling station.

(C) Unavailability. Upon demonstration that an alternative-fueled or gasoline-powered engine/chassis/body configuration is not commercially available in a specific bus size or could not be used on a specific fixed bus route, a diesel-powered school bus equipped with an approved control device may be purchased in that specific bus size or as needed for the specific fixed bus route.

(D) Unforeseen Circumstances. If during the year that school is in session, a public or private school bus fleet operator needs additional school buses, due to unforeseen circumstances, to operate during that school year, the operator may lease the needed quantity of school buses that do not comply with the provisions of Section 3 for the months necessary, not to exceed the remaining portion of the school year, if a demonstration is made that the alternative-fuel school bus cannot be deployed by the school bus fleet operator within one month from the date of order.

(E) Existing Contracts. Contract agreements signed prior to the date of adoption of this law for the purchase or lease of school buses shall not be affected by this legislation. The operator should consider equipping the diesel-powered school buses purchased under this provision with approved control devices. This provision shall not apply to unsigned options to be executed at a future date under the contract agreement.

Section 8. Idling.

(A) The operator of any school bus shall not operate the engine of any school bus for more than three consecutive minutes when the school bus is not in motion except:

(1) When the school bus is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control;

(2) When it is necessary for the operation of safety equipment;

(3) To operate heating or cooling equipment when the outdoor temperature is below twenty degrees Fahrenheit or above eighty degrees Fahrenheit;

(4) When it is necessary to maintain a safe temperature for students with special needs; or

(5) When the school bus is being repaired.

Section 9. Enforcement and Implementation.

(A) The fleet operator shall provide at the request of the <insert the appropriate state official or agency for your state> any files and/or records created to comply with this legislation including fleet-specific information, such as a list of official Department of Motor Vehicles <or your state’s equivalent> registrations, principal vehicle location, and manufacturer, model-year, model, and fuel type of each fleet vehicle. This provision shall not apply for records that have been in existence for more than one (1) year.

(B) Any fleet operator seeking an exemption under Section 7 shall supply proof that their vehicle or fleet is exempted when requested by the <insert the appropriate state official or agency for your state>. Any fleet operator seeking an exemption under those portions of Section 7 that pertain to external funding availability shall apply for external funding or to external funding sources, and demonstrate that funding is not available prior to the purchase or lease of diesel school buses as allowed under Section 7.

(C) Circumvention of this rule is prohibited, including artificially creating fleets under common ownership of smaller than 15 vehicles, without sufficient business justification.

(D) Any person who violates any provision of this section shall, for a first offense, be deemed to have committed an infraction and, for each subsequent offense, shall be fined not less than one thousand dollars nor more than $2,500 per violation. The <insert the appropriate state official or agency for your state> is hereby authorized to make all rules necessary for the proper monitoring, enforcement, and implementation of this Act.

Section 10. Effective Date.

This Act shall take effect immediately upon passage.