119 STAT. 1886
PUBLIC LAW 109–59—AUG. 10, 2005 (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.—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. (3) USE OF SCHOOL BUS FLEET.— (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.—New school buses and retrofit technology shall be maintained, operated, and fueled according to manufacturer recommendations or State requirements. (4) RETROFIT GRANTS.—The Administrator may award grants under this section 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 under this section for replacement of school buses in the amount of up to onehalf 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 under this section for replacement of school buses in the amount of up to onefourth 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
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