Collapse to view only § 16093. Fuel cell school buses
- § 16091. Clean school bus program
- § 16091a. Clean school bus program
- § 16092. Diesel truck retrofit and fleet modernization program
- § 16093. Fuel cell school buses
§ 16091. Clean school bus program
(a) DefinitionsIn this section:
(1) Administrator
(2) Alternative fuel
(3) Clean school busThe term “clean school bus” means a school bus that—
(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.
(4) Eligible contractorThe 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 generalSubject to subparagraph (B), the term “eligible recipient” means—
(i) 1 or more local or State governmental entities responsible for—(I) providing school bus service to 1 or more public school systems; or(II) the purchase, lease, license, or contract for service of school buses;
(ii) an eligible contractor;
(iii) a nonprofit school transportation association;
(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
(6) High-need local educational agency
(7) School bus
(8) Zero-emission school busThe 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.
(b) Program for replacement of existing school buses with clean school buses and zero-emission school buses
(1) EstablishmentThe 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 fundsOf the amounts made available for awards under paragraph (1) in a fiscal year, the Administrator shall award—
(A) 50 percent to replace existing school buses with zero-emission school buses; and
(B) 50 percent to replace existing school buses with clean school buses and zero-emission school buses.
(3) ConsiderationsIn 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.
(4) Priority of applicationsIn 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.
(5) Use of school bus fleetAll 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);
(B) be maintained, operated, and charged or fueled according to manufacturer recommendations or State requirements; and
(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
(A) In general
(B) Structuring awards
(7) Deployment and distribution
(A) In generalThe Administrator shall—
(i) to the maximum extent practicable, achieve nationwide deployment of clean school buses and zero-emission school buses through the program under this section; and
(ii) ensure a broad geographic distribution of awards.
(B) Limitation
(8) Annual reportNot later than January 31 of each year, the Administrator shall submit to Congress a report that evaluates the implementation of this section and describes—
(A) the total number of applications received;
(B) the quantity and amount of grants and rebates awarded and the location of the recipients of the grants and rebates;
(C) the criteria used to select the recipients; and
(D) any other information the Administrator considers appropriate.
(c) Education and outreach
(1) In general
(2) Coordination with stakeholders
(3) ComponentsThe education and outreach program under paragraph (1) shall—
(A) inform potential award recipients on the process of applying for awards and fulfilling the requirements of awards;
(B) describe the available technologies and the benefits of using the technologies;
(C) explain the benefits and costs incurred by participating in the award program;
(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
(E) include, as appropriate, information from the annual report required under subsection (b)(7).1
1 So in original. Probably should be “subsection (b)(8).”
(d) Administrative costs
(e) Regulations
(f) Authorization of appropriationsThere is authorized to be appropriated to the Administrator to carry out this section, to remain available until expended, $1,000,000,000 for each of fiscal years 2022 through 2026, of which—
(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.
(Pub. L. 109–58, title VII, § 741, Aug. 8, 2005, 119 Stat. 821; Pub. L. 117–58, div. G, title XI, § 71101, Nov. 15, 2021, 135 Stat. 1321; Pub. L. 117–328, div. O, title IV, § 405, Dec. 29, 2022, 136 Stat. 5229.)
§ 16091a. Clean school bus program
(a) DefinitionsIn this section, the following definitions apply:
(1) Administrator
(2) Alternative fuelThe 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 busThe 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 generalSubject 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) BalancingIn 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 grantsThe 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 grantsThe 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 generalIn 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 distributionThe 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 generalNot 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) ComponentsThe 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 appropriationsThere 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.)
§ 16092. Diesel truck retrofit and fleet modernization program
(a) Establishment
(b) Eligible recipients
(c) Awards
(1) In general
(2) PreferencesIn making awards of grants under this section, the Administrator shall give preference to proposals that—
(A) will achieve the greatest reductions in emissions of nonmethane hydrocarbons, oxides of nitrogen, and/or particulate matter per proposal or per truck; or
(B) involve the use of Environmental Protection Agency or California Air Resources Board verified emissions control retrofit technology on diesel trucks that operate solely on ultra-low sulfur diesel fuel after September 2006.
(d) Conditions of grantA grant shall be provided under this section on the conditions that—
(1) trucks which are replacing scrapped trucks and on which retrofit emissions-control technology are to be demonstrated—
(A) will operate on ultra-low sulfur diesel fuel where such fuel is reasonably available or required for sale by State or local law or regulation;
(B) were manufactured in model year 1998 and before; and
(C) will be used for the transportation of cargo goods especially in port areas or used in goods movement and major hauling operations;
(2) grant funds will be used for the purchase of emission control retrofit technology, including State taxes and contract fees; and
(3) grant recipients will provide at least 50 percent of the total cost of the retrofit, including the purchase of emission control retrofit technology and all necessary labor for installation of the retrofit, from any source other than this section.
(e) VerificationNot later than 90 days after August 8, 2005, the Administrator shall publish in the Federal Register procedures to—
(1) make grants pursuant to this section;
(2) verify that trucks powered by ultra-low sulfur diesel fuel on which retrofit emissions-control technology are to be demonstrated will operate on diesel fuel containing not more than 15 parts per million of sulfur after September 2006; and
(3) verify that grants are administered in accordance with this section.
(f) Authorization of appropriationsThere are authorized to be appropriated to the Administrator to carry out this section, to remain available until expended the following sums:
(1) $20,000,000 for fiscal year 2006.
(2) $35,000,000 for fiscal year 2007.
(3) $45,000,000 for fiscal year 2008.
(4) Such sums as are necessary for each of fiscal years 2009 and 2010.
(Pub. L. 109–58, title VII, § 742, Aug. 8, 2005, 119 Stat. 824.)
§ 16093. Fuel cell school buses
(a) Establishment
The Secretary shall establish a program for entering into cooperative agreements—
(1) with private sector fuel cell bus developers for the development of fuel cell-powered school buses; and
(2) subsequently, with not less than 2 units of local government using natural gas-powered school buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered school buses.
(b) Cost sharing
The non-Federal contribution for activities funded under this section shall be not less than—
(1) 20 percent for fuel infrastructure development activities; and
(2) 50 percent for demonstration activities and for development activities not described in paragraph (1).
(c) Reports to Congress
Not later than 3 years after August 8, 2005, the Secretary shall transmit to Congress a report that—
(1) evaluates the process of converting natural gas infrastructure to accommodate fuel cell-powered school buses; and
(2) assesses the results of the development and demonstration program under this section.
(d) Authorization of appropriations
(Pub. L. 109–58, title VII, § 743, Aug. 8, 2005, 119 Stat. 826.)