119 STAT. 822
PUBLIC LAW 109–58—AUG. 8, 2005
(A) IN GENERAL.—Subject 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 of school buses; (ii) 1 or more contracting entities that provide school bus service to 1 or more public school systems; or (iii) a nonprofit school transportation association. (B) SPECIAL REQUIREMENTS.—In the case of eligible recipients identified under clauses (ii) and (iii), the Administrator shall establish timely and appropriate requirements for notice and may establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased or retrofit using grant funds made available under this section. (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. (b) PROGRAM FOR RETROFIT OR REPLACEMENT OF CERTAIN EXISTING SCHOOL BUSES WITH CLEAN SCHOOL BUSES.— (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— (i) to replace school buses; and (ii) to install retrofit technologies. (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.
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