California Air Resources Board

An air district may request CARB approval of a project that varies from the requirements of the Lower-Emission School Bus Program (LESBP) Guidelines on a case-by-case basis. These decisions are posted to assist districts in preparing a case-by-case request. These decisions are project-specific and may not be applicable to other projects. Districts should seek the guidance of CARB staff for each determination that is not addressed in the LESBP Guidelines and advisories/mailouts. Requests and their determinations are listed below in chronological order through the year 2010.

2024 Case-by-Case Determinations

Reference: #2024-SB1
Request: The air district is requesting a one-time exemption to allow LESB funding (AB923) for twenty-six (26) compressed natural gas school buses, owned and operated by ten (10) public school districts, to be funded at the project cost cap for school buses equipped with engines certified at the optional low NOx standards. 
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 15-30

Determination: 
Mail-Out #MSC 15-30 (Table 1) specifies the project cost cap for school bus replacement projects. For school buses with engines certified to optional low NOx standards (i.e., 0.1, 0.05, or 0.02 g/bhp-hr), the cost cap is $220,000. For school buses with engines that are not certified to these standards, the cost cap is $165,000.

In December 2021, ten (10) public school districts were awarded AB923 funds by the South Coast Air Quality Management District (AQMD) to replace their old diesel-powered school buses with new CNG school buses certified at optional low NOx standards through the Lower Emission School Bus Program. These school districts selected to purchase the Blue Bird T3RE CNG school bus as the replacement bus. Due to parts and supply chain delays, the school buses were delivered in between August 2023 and December 2023 and are now in operation by the school districts. 

The manufacturer, Blue Bird, produces the T3RE CNG school buses equipped with the Cummins L9N engine. It was anticipated that the replacement school buses would be equipped with the 2022 model year L9N engine with the engine family NCEXH0540LDA that was certified to the optional 0.02 g/bhp-hr low NOx standard. However, effective with the 2023 model year, Cummins Westport stopped certifying engines to the optional 0.02 g/bhp-hr low NOx standard and has instead been certifying comparable engines to the 0.05 g/bhp-hr NOx standard. As a result, it was discovered that twenty-six (26) of the delivered school buses were equipped with the 2023 model year L9N engine that were certified to the less stringent NOx standard of 0.2 g/bhp-hr. 

Neither the school districts nor the school bus manufacturer, Blue Bird, were aware of the certification discrepancy before the school buses were delivered and placed into operation. 

Since the air district and school districts had no control over the change in engine, this case-by-case allows the Air District to make a one-time exception and allow the 26 school buses identified to be funded up to the $220,000 project cost cap for replacement school buses certified to the optional low NOx Standard. However, the District must not authorize future projects at the higher project cost cap for school buses equipped with engines certified at the optional Low NOx standard until such a time as Cummins Westport or another manufacturer produces an eligible engine certified by CARB to the 0.02 g/bhp-hr optional low NOx standard.

NOTE:  This approval is granted as a one-time flexibility and does not constitute a review or approval of any other aspect of the project. It is the air district's responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action: Approved for funding with AB 923 funds using the cost cap for replacements certified to an optional Low NOx standard as a one-time request. 
Determination Date:  September 10, 2024

2022 Case-by-Case Determinations

Reference:  #2022–SB1-01
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for compressed natural gas (CNG) tank replacements. This request is for two 2009 model year school buses that belong to Orange Unified School District that have CNG tanks expiring before the school bus will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for CNG tank replacement.

School buses #82C and #83C are model year 2009, will be 14 years old in 2023 and have tanks expiring in September of 2023. 

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  August 4, 2022

2021 Case-by-Case Determinations

Reference:  #2021–SB1
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for four 2008 model year school buses belonging to Huntington Beach Union High School District that have CNG tanks expiring before the school buses will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for CNG tank replacement.

School buses #21, #22, #27, and #28 are model year 2008, will be 14 years old in 2022 and have tanks expiring before December 2021, as shown in the table below.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  March 4, 2021

2020 Case-by-Case Determinations

Reference:  #2020–SB6
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for three 2007/2008 model year school buses belonging to Menifee Union High School District that have CNG tanks expiring before the school buses will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #50701 and #50703 are model year 2007, will be 14 years old in 2021 and have tanks expiring in August 2021 and November 2020. School bus #50702 is model year 2008, will be 14 years old in 2022 and has tank expiring in July 2021. See chart breakdown below.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  October 15, 2020

Reference:  #2020–SB5
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for five 2007/2008 model year school buses belonging to Menifee Union High School District that have CNG tanks expiring before the school buses will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #50704, #50705, #50706, and #50707 are model year 2007, will be 14 years old in 2021 and have tanks expiring in July 2020, August 2021, and July 2021. School bus #50708 is model year 2008, will be 14 years old in 2022 and has tank expiring in July 2021. See chart breakdown below.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  September 29, 2020

Reference:  #2020–SB4
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for two 2007 model year school buses that belong to Huntington Beach City School District and have CNG tanks expiring before the school buses will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #49 and #50 are model year 2007, will be 14 years old in 2021 and have tanks expiring in September and October of 2020.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  August 26, 2020

Reference:  #2020–SB3
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for three 2007 model year school buses that belong to Jurupa Unified School District and have CNG tanks expiring before the school buses will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #118, #119 and #120 are model year 2007, will be 14 years old in 2021 and have tanks expiring in May, June and September of 2020.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project.  It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  July 30, 2020

Reference:  #2020–SB2
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for one (6) 2007 model year school buses that belong to Hemet Unified School District and has CNG tanks expiring before the school buses will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School bus #10601, 10602, 10603, 10754, 10755 &10756 are model year 2007, will be 14 years old in 2021 and have tanks that will expire in 2020.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project.  It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  May 6, 2020

Reference:  #2020–SB1

Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for one (1) 2007 model year school bus that belong to Montebello Unified School District and has CNG tanks expiring before the school buses will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School bus #99 is model year 2007, will be 14 years old in 2021 and has tanks that will expire in 2020.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project.  It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  January 10, 2020

2019 Case-by-Case Determinations

Reference:  #2019–SB13
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for three (3) 2006 model year school buses that belong to Coachella Valley Unified School District which have CNG tanks expiring before the school buses will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #36, 37 & 38 are model year 2006, will be 14 years old in 2020 and have tanks expiring in December of 2019 & January 2020.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project.  It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  December 12, 2019

Reference:  #2019–SB12
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for three (3) 2006 model year school buses that belong to Ontario-Montclair School District and have CNG tanks expiring before the school bus will be 14 years old.

Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #105, 106, and 107 are model year 2006, will be 14 years old in 2020 and have tanks expiring in October of 2019 & January 2020.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project.  It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  December 2, 2019

Reference:  #2019–SB11
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for one 2006 model year school bus that belongs to Menifee Union School District and has CNG tanks expiring before the school bus will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School bus #50501 is model year 2006, will be 14 years old in 2020 and has tanks expiring in October 2019.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project.  It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  November 19, 2019

Reference:  #2019–SB10
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for one 2006 model year school bus that belongs to Alta Loma School District that has CNG tanks expiring before the school bus will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School bus #8 is model year 2006, will be 14 years old in 2020 and has tanks expiring in December of 2019.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project. It is the air district's responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds
Determination Date:  September 13, 2019

Reference:  #2019–SB09
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for two 2006 model year school buses that belong to Fullerton Joint Union High School District that have CNG tanks expiring before the school bus will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #35 and #38 are model year 2006, will be 14 years old in 2020 and have tanks expiring in August and September of 2019.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project. It is the air district's responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds
Determination Date:  September 13, 2019

Reference:  #2019–SB08
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for seven 2006 model year school buses that belong to Lake Elsinore School District that have CNG tanks that expired before the school bus will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #98, #99, #100, #101, #102, #103 and #104 are model year 2006, will be 14 years old in 2020 and have tanks that have expired in January of 2019 or will expire in October of 2019.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project. It is the air district's responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds
Determination Date:  September 13, 2019

Reference:  #2019–SB07
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for thirteen 2006 model year school buses that belong to Colton Joint Unified School District that have CNG tanks expiring before the school bus will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #16, #17, #18, #19, #34, #35, #36, #37, #38, #39, #40, #41 and #42 are model year 2006, will be 14 years old in 2020 and have tanks expiring in February, March & April of 2020.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project. It is the air district's responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds
Determination Date:  September 13, 2019

Reference:  #2019–SB06
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for two 2006 model year school buses that belong to Los Alamitos School District that have CNG tanks expiring before the school bus will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #11 and #12 are model year 2006, will be 14 years old in 2020 and have tanks expiring in October of 2019.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.
 

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project. It is the air district's responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds
Determination Date:  July 31, 2019

Reference:  #2019–SB05
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for (3) 2006 model year school buses that belong to Arcadia Unified School District that have CNG tanks expiring before the school bus will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #19, #21 and #25 are model year 2006, will be 14 years old in 2020 and have tanks expiring in October of 2019.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project. It is the air district's responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds
Determination Date:  July 12, 2019

Reference:  #2019–SB04
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for (4) 2006 model year school buses that belong to Moreno Valley Unified School District that have CNG tanks expiring before the school bus will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #40, #41, #42 and #53 are model year 2006, will be 14 years old in 2020 and have tanks expiring in September and October of 2019.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and does not constitute a review or approval of any other aspect of the project. It is the air district's responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds
Determination Date:  July 12, 2019

Reference:  #2019–SB03
Request:  The air district is requesting an exemption from the requirement for a school bus to replace their CNG tanks prior to the tanks expiring. This request is for one 2005 model year school bus that belongs to Lompoc Unified School District that has expired CNG tanks.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to request CNG tank replacements within 18 months of their expiration dates to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School bus #53 is a model year 2005 bus with four January 2004 CNG tanks that expired in January 2019.

The school district initially applied for the CNG tanks on bus #53 to be replaced in November 2018, prior to their expiration, but the application was not deemed complete until June 2019.

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the bus reaching 14 years of age, and does not constitute a review or approval of any other aspect of the project. It is the air district's responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds
Determination Date:  June 26, 2019

Reference:  #2019–SB02
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for to (2) 2006 model year school buses that belong to Redlands Unified School District that have CNG tanks expiring before the school bus will be 14 years old.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37

Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #127 and #128 are model year 2006, will be 14 years old in 2020 and have tanks expiring in July of 2019.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.
 

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the bus reaching 14 years of age, and does not constitute a review or approval of any other aspect of the project. It is the air district's responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds
Determination Date:  May 10, 2019

Reference:  #2019–SB01
Request:  Authorize a one-time flexibility for Rim of the World Unified School District for completing the installation of their alternative fueling infrastructure prior to full contract execution.

On May 4, 2018, the South Coast Air Quality Management District (SCAQMD) Governing Board approved funding for Rim of the World Unified School District under the Lower Emission School Bus Program (LESBP) which included funding for school buses and infrastructure. Shortly after the Board approval, the school district initiated work on their approved infrastructure, prior to the contract being fully executed as required in the LESBP guidelines. SCAQMD requests consideration of several extenuating circumstances: SCAQMD notified the school district of the approval without any warning that work should not begin until after the grant was signed; the school district staff were inexperienced with the grant process and misinterpreted the notification as approval to start construction; the location of the infrastructure project prevents or limits construction during winter months; and SCAQMD staff did not become aware of the school district's error until the school district submitted documentation for reimbursement on October 31, 2018. SCAQMD is well aware of the LESBP Guidelines, specifically under Appendix C, Section F. However, considering the circumstances outlined above, the District feels they should be afforded flexibility to allow the school district to maintain their eligibility for infrastructure funding.
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Appendix C, Section F
Determination:  Appendix C, Section F requires: The contract shall also require that no work may begin on the project until the contract is fully executed. This is to ensure that the air district and the CARB can fully enforce the contract during the life of the Lower-Emission School Bus Program-funded project.

CARB expects all air districts to follow the LESBP guidelines and ensure no work begins until award contracts are fully executed. In this case, due to the weather conditions at the location of the infrastructure project, the school district's options were to complete the project prior to full execution of the contract or wait for the following Spring/Summer to complete the project. Since a main goal of the Lower Emission School Bus Program is to reduce emissions from school buses as quickly as feasible and the additional wait time would be counter to that goal, approval is granted. This approval is granted under the condition that the school district provide SCAQMD a letter identifying their mistake, which SCAQMD will keep with the project file as documentation. While CARB understands the circumstances surrounding this project are unique, CARB expects air districts to take steps to prevent situations such as this from occurring in the future. Therefore, CARB recommends all air districts include a warning in all future award notifications that work should not commence until the contracts are signed by all parties.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE:  This approval is granted as a one-time flexibility and does not constitute a review or approval of any other aspect of the project. It is the air district's responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.

Air Resources Board Action:  Approved for funding with AB 923 funds
Determination Date:  May 10, 2019

2018 Case-by-Case Determinations

Reference: #2018–SB01

Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for seven 2005 model year school buses that belong to Bellflower Unified School District. The district has two buses with CNG tanks expiring before the school bus will be 14 years old and five buses with CNG tanks expiring on the year the school buses will be 14 years old.

Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.

School buses #426, 427, 428, 429, 430, 431 and #432 are model year 2005. School buses # 426, 428, 429, and 430 have CNG tanks expiring in January 2019. School buses #427 and 431 have CNG tanks expiring in November 2018. School bus #432 has CNG tanks expiring in January 2019 and February 2019.These school buses will be 14 years old in 2019.

2017 Case-by-Case Determinations

Reference: #2017-SB07 Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for two 2004 model year school buses that belong to Redlands Unified School District that have CNG tanks expiring before the school buses will be 14 years old.
Air District: South Coast Air Quality Management District
Guidelines Section(s): Mail-Out #MSC 11-37
Determination: Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement. School buses #125 and #161 are model year 2004. School bus #125 has CNG tanks expiring in December 2017. School bus #161 has CNG tanks expiring in December 2017. These school buses will be 14 years old in 2018. In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the buses reaching 14 years of age.

NOTE: This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the bus reaching 14 years of age, and does not constitute a review or approval of any other aspect of the project. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.
Air Resources Board Action: Approved for funding with AB 923 funds
Determination Date: October 27, 2017

Reference: #2017-SB06
Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for three 2004 model year school buses that belong to Los Angeles Unified School District that have CNG tanks expiring before the school buses will be 14 years old.
Air District: South Coast Air Quality Management District
Guidelines Section(s): Mail-Out #MSC 11-37
Determination: Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement. School buses #6141, #6143 and #6145 are model year 2004. School bus #6141, #6143 and #6145 have CNG tanks that expired in August 2017. These school buses will be 14 years old in 2018. In order to ensure expired tank replacement, the air district will need the ability to execute the contract and proceed with this project prior to the buses reaching 14 years of age.

NOTE: This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the bus reaching 14 years of age, and does not constitute a review or approval of any other aspect of the project. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.
Air Resources Board Action: Approved for funding with AB 923 funds
Determination Date: October 27, 2017

Reference: #2017-SB05

Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for two 2004 model year school buses that belong to Huntington Beach Union High School District that have CNG tanks expiring before the school buses will be 14 years old.
Air District: South Coast Air Quality Management District
Guidelines Section(s): Mail-Out #MSC 11-37
Determination: Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement. School buses #23 and #24 are model year 2004. School bus #23 has CNG tanks expiring in December 2017. School bus #24 has CNG tanks expiring in December 2017. These school buses will be 14 years old in 2018. In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the buses reaching 14 years of age.

NOTE: This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the bus reaching 14 years of age, and does not constitute a review or approval of any other aspect of the project. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.
Air Resources Board Action: Approved for funding with AB 923 funds
Determination Date: October 27, 2017

Reference: #2017-SB04

Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for three 2004 model year school buses that belong to Fullerton Joint Union High School District that have CNG tanks expiring before the school buses will be 14 years old.
Air District: South Coast Air Quality Management District
Guidelines Section(s): Mail-Out #MSC 11-37
Determination: Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement. School buses #7, #36 and #37 are model year 2004. School bus #7 has CNG tanks that expire in Dec. 2017 and Aug. 2018. School bus #36 has CNG tanks that expire in Dec. 2017 and Feb. 2018 and bus #37 has CNG tanks that expire in Dec. 2017 and Jan. 2018. These school buses will be 14 years old in 2018. In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the buses reaching 14 years of age.

NOTE: This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the bus reaching 14 years of age, and does not constitute a review or approval of any other aspect of the project. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.
Air Resources Board Action: Approved for funding with AB 923 funds
Determination Date: October 27, 2017

Reference: #2017-SB03

Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for two 2004 model year school buses that belong to Chino Valley Unified School District that have CNG tanks expiring before the school buses will be 14 years old.
Air District: South Coast Air Quality Management District
Guidelines Section(s): Mail-Out #MSC 11-37
Determination: Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement. School buses #70 and #71 are model year 2004. School bus #70 has CNG tanks expiring in December 2017. School bus #71 has CNG tanks expiring in December 2017 and February 2018. These school buses will be 14 years old in 2018. In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the buses reaching 14 years of age.

NOTE: This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the bus reaching 14 years of age, and does not constitute a review or approval of any other aspect of the project. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.
Air Resources Board Action: Approved for funding with AB 923 funds
Determination Date: October 27, 2017

Reference: #2017-SB02

Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. This request is for two 2004 model year school buses that belong to Bellflower Unified School District that have CNG tanks expiring before the school bus will be 14 years old.
Air District: South Coast Air Quality Management District
Guidelines Section(s): Mail-Out #MSC 11-37
Determination: Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement. School buses #311 and #317 are model year 2004. School bus # 311 has CNG tanks expiring in August 2017. School bus #317 has CNG tanks expiring in August 2017. These school buses will be 14 years old in 2018. In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE: This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the bus reaching 14 years of age, and does not constitute a review or approval of any other aspect of the project. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.
Air Resources Board Action: Approved for funding with AB 923 funds
Determination Date: July 11, 2017

Reference: #2017-SB01

Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements. The request is for two 2004 model year school buses that belong to Chino Valley Unified School District that have CNG tanks expiring before the school bus will be 14 years old.
Air District: South Coast Air Quality Management District Guidelines Section(s): Mail-Out #MSC 11-37
Determination: Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement. School buses #72 and #73 are model year 2004. School bus # 72 has CNG tanks expiring in July 2017 and in October 2017. School bus #73 has CNG tanks expiring in October 2017 and in December 2017. These school buses will be 14 years old in 2018. In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.

NOTE: This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the bus reaching 14 years of age, and does not constitute a review or approval of any other aspect of the project. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.
Air Resources Board Action: Approved for funding with AB 923 funds.
Determination Date: July 11, 2017

2016 Case-by-Case Determinations

Reference:  #2016-SB04
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements for one 2003 model year school buses that belong to the Aromas San Juan Unified School District #12 (VIN 1BABNBMA03F207895).
Air District:  Monterey Bay Unified Air Pollution Control District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination: Mail-Out 11-37 requires school buses to be at least 14 years old but no older than 16 years to receive funding.  Aromas San Juan Unified School District school bus #12 is a 2003 model year vehicle with four CNG tanks that expire in January 2017. In order to ensure tank replacement prior to expiration, the Air District will need the ability to execute contract and proceed with projects prior to the bus reaching 14 years of age. The details on the buses are as follows:

NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the bus reaching 14 years of age, and does not constitute a review or approval of any other aspect of the project.  It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.
FURTHERMORE:  The air district is responsible for obtaining from the school bus owner all documentation needed to establish project eligibility prior to contract execution and collecting required documentation prior to payment for the completed project.
Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  October 25, 2016

Reference:  #2016-SB03
Request:  The air district is requesting two exemptions.  First, an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements.   This request is for two 2005 model year school buses and two 2006 model year school buses that belong to Menifee Unified School District and are operated by Hemet Unified School District that have CNG tanks expiring before the school bus will be 14 years old.  Second, an exemption from the ‘within 18 months of tank expiration’ provision for air districts to accept the tank replacement request so that all three tanks on each school bus can be replaced on the same grant issued to the school district.   
Air District:  South Coast Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement and also specifies that tank replacement requests may be accepted by the air district within 18 months of the tank expiration date.

School buses #28 and #34 are model year 2005.  School bus # 28 has CNG tanks expiring in January 2017, April 2018, and in May 2018.  School bus #34 has CNG tanks expiring in January 2017 and in April 2018.  These school buses will be 14 years old in 2019.

School buses #45 and #46 are model year 2006.  School bus # 45 has CNG tanks expiring in January 2017 and in April 2018.  School bus #46 has CNG tanks expiring in April 2017 and in April 2018.  These school buses will be 14 years old in 2020.

Exemption #1
An exemption to the ‘within 18 months of tank expiration’ provision allows the air district to accept the request now and proceed with the processing of this application, allowing time to execute the grant agreement and replace the tanks before the earliest expiration date.  The later expiring tanks will be replaced at the same time. This minimizes school bus down time, allowing the school buses to be out-of-service only once for the CNG tank replacement work.  This exemption would not be needed if the air district waited until December 2016 to accept the request; however, they need 90 days to execute the grant agreement and three school buses have CNG tanks expiring in January 2017.

Exemption #2
The exemption to the 14 year school bus age requirement keeps the school buses on the road; otherwise they would be grounded from the time the CNG tanks expire until the school buses become 14 years old.

NOTE:  This approval is granted to provide the air district with the ability to execute contracts and proceed with projects prior to the buses reaching 14 years of age and prior to the 18 month window prior to the CNG tank expiration date; and does not constitute a review or approval of any other aspect of the projects.  It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes. 
FURTHERMORE:  The air district is responsible for obtaining from the school bus owner all documentation needed to establish project eligibility prior to contract execution and collecting required documentation prior to payment for the completed project.
Air Resources Board Action:  Approved for funding with AB 923 funds
Determination Date:  October 11, 2016

Reference:  #2016-SB02
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements for a 2003 model year school bus that belongs to Eureka City Schools (a unified school district)  #4 (VIN 1BABNBMA83F208082).
Air District:  North Coast Unified Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.  Bus #4 is a 2003 model year vehicle.  Because the compressed natural gas tanks are not currently accessible for photography, the school district used visual observations to determine that all four of the compressed natural gas tanks have an November 2016 expiration date.  The school district will submit photographs of the compressed natural gas tanks after the tanks are removed. 
NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the bus reaching 14 years of age, and does not constitute a review or approval of any other aspect of the project.  It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.
Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  April 21, 2016

Reference:  #2016-SB01
Request:  The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for CNG tank replacements for two 2003 model year school buses that belong to the Sunnyvale School District #B-02 (VIN 1BABNBMA83F206476) and #B-04 (VIN 1BABNBMA13F206478).
Air District:  Bay Area Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination: Mail-Out 11-37 requires school buses to be at least 14 years old but no older than 16 years to receive funding.  Sunnyvale School District school bus #B-02 and school bus #B-04 are 2003 model year vehicles with four CNG tanks each.  Documentation provided shows that the tanks will expire in November 2016.  In order to ensure tank replacement prior to expiration, the Air District will need the ability to execute contract and proceed with projects prior to the bus reaching 14 years of age. The details on the buses are as follows:

Air Resources Board Action:  Approved for funding with AB 923 funds.
Determination Date:  March 14, 2016

2015 Case-by-Case Determinations

Reference:  #2015-SB01
Request:  For the following school bus owned by the Evergreen Elementary School District, the air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to receive funding for compressed natural gas (CNG) tank replacement:  number 95, Vehicle Identification Number 1T75U4F2221107318.
Air District:  Bay Area Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill (AB) 923 funding for CNG tank replacement.  The school bus listed in this request is a model year 2002 vehicle and the documentation provided shows that all of the CNG tanks that are to be replaced will expire in December 2015.  In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the bus reaching 14 years of age.
NOTE:  This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the bus reaching 14 years of age, and does not constitute a review or approval of any other aspect of the project.  It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.
CARB Action:  Approved for funding with AB 923 funds.
Determination Date:  March 5, 2015

2014 Case-by-Case Determinations

Reference:  #2014-SB07
Request:  For the following five buses owned by the Mount Diablo Unified School District (MDUSD), the air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to receive funding for compressed natural gas (CNG) tank replacement:  numbers 30 (Vehicle Identification Number [VIN] 1BABNBMA51F096399), 32 (VIN 1BABNBMAX1F096401), 34 (VIN 1BABNBMA31F096403), 35 (VIN 1BABNBMA51F096404), and 36 (VIN 1BABNBMA71F096405).
Air District:  Bay Area Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill (AB) 923 funding for CNG tank replacement.  All five of the school buses listed in this request are model year 2001 vehicles and the documentation provided shows that all of the CNG gas tanks that are to be replaced will expire in February 2015.  In order to ensure tank replacement prior to expiration, the air district will need the ability to execute the contract and proceed with this project prior to the buses reaching 14 years of age.
NOTE: This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the buses reaching 14 years of age, and does not constitute a review or approval of any other aspect of the projects.  It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes.  In addition, for MDUSD’s five buses, this determination is contingent upon the air district obtaining photographic documentation of serial numbers – in the form of photos of the tank labels – from MDUSD once the serial numbers on the tank labels are accessible for photography.
CARB Action:  Approved for funding with AB 923 funds.
Determination Date:  September 22, 2014

Reference: #2014-SB06
Request: Allow LESB funding (AB 923) of one Fairfield-Suisun Unified School District bus by granting an extension of 8 days beyond the 60-day requirement to dispose of old bus #915 (VIN 1HVBAZRM0MH379843) after delivery of the new bus.
Air District: Bay Area AQMD
Guidelines Section(s): Appendix C, Section K; Mail-Out #MSC 11-16
Determination: LESBP Guidelines require that school districts ensure that the old school bus is dismantled within 60 days of the receipt of the new, replacement bus. Mail-Out #MSC 11-16 says that “dismantling is not required within 60 days if documentation shows that the old school bus was not driven after delivery of the new replacement bus.”  Communications from the Vehicle Maintenance Supervisor at the school district indicate that the old school bus was driven after delivery of the new bus because the school district does not consider a new school bus ready for service until they have installed video surveillance, 2-way radios and GPS units and have conducted their own safety inspection.  The old school bus was not driven after the new school bus met the school district safety inspection standards and placed into service.  In addition, the old school bus was dismantled 68 days after delivery of the new school bus.
CARB Action: Approved for funding.
Determination Date: July 30, 2014

Reference: #2014-SB05
Request: Allow LESB funding (AB 923) of one Moreland Unified School District bus by granting an extension of 6 days beyond the 60-day requirement to dispose of old bus #9 (VIN 1GBM6P1G6JV115442) after delivery of the new bus.
Air District: Bay Area AQMD
Guidelines Section(s): Appendix C, Section K; Mail-Out #MSC 11-16
Determination: LESBP Guidelines require that school districts ensure that the old school bus is dismantled within 60 days of the receipt of the new, replacement bus. Mail-Out #MSC 11-16 says that “dismantling is not required within 60 days if documentation shows that the old school bus was not driven after delivery of the new replacement bus.” Communications from the secretary to the Director of Facilities, Construction and Technology at the school district indicate that the old school bus was driven after delivery of the new bus due to a delay in California Highway Patrol (CHP) safety certification.  The new school bus was delivered with broken mirrors and, upon re-inspection, two more safety related issues were identified that took time to resolve.  In addition, the old school bus was not driven after the new school bus was certified by the CHP.  Finally, the old school bus was dismantled 66 days after delivery of the new bus.
CARB Action: Approved for funding.
Determination Date: July 9, 2014

Reference: #2014-SB04
Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for a CNG tank replacement for three West County Transportation Agency school buses:   #71 (1BABNBMA01F096407), #72 (1BABNBMA21F096408), and #73 (1BABNBMA41F096409) and two Redwood City School District school buses:   #26 (1BABNBMA31F096417) and #27 (1BABNBMA31F096420).
Air District: Bay Area AQMD
Guidelines Section(s): Mail-Out #MSC 11-37
Determination: Mail-Out 11-37 requires school buses to be at least 14 years old but no older than 16 years to receive funding.  West County Transportation Agency school buses #71, #72, and #73 and Redwood City School District school buses #26 and #27 are 2001 model year vehicles with CNG tanks manufactured in 2/2000 and in 3/2000.  Documentation provided shows that the tanks will expire in 02-2015 and in 03-2015.  Performing necessary school bus maintenance during the summertime prevents out-of-service school buses during the school year when they are needed on a daily basis.  Furthermore, the air district will need time to execute contracts and proceed with projects prior to the bus reaching 14 years of age in order to ensure tank replacement prior to expiration.
CARB Action: Approved for funding with AB 923 funds.
Determination Date:  July 7, 2014

Reference: #2014-SB03
Request: Allow delivery of a replacement bus, funded with Lower Emission School Bus (LESB) Program Proposition 1B funding within the $140,000 replacement funding cap for Apple Valley Unified School District, after the April 1, 2014, delivery deadline and also allow delivery of a replacement bus, funded with LESB Program Proposition 1B funding within the $140,000 replacement funding cap for Eastside Union School District, after the April 1, 2014, delivery deadline.
Air District: San Joaquin Valley Air Pollution Control District (APCD) [for Mojave Desert Air Quality Management District (AQMD) and for Antelope Valley APCD]
Guidelines Section(s): Chapter V, Section G and Section O; Mail-Out #MSC 10-11; Mail-Out #MSC 12-18
Determination: The LESB Program Guidelines state that replacement buses must be delivered by April 1, 2014, and that the $100 per day Liquidated Damages for the late delivery of school buses must be applied to replacement buses delivered to the school district after April 1, 2014. The air district is requesting the delivery deadline for these contracts to be changed from April 1, 2014, to May 29, 2014. 
 
The air district is funding a replacement school bus for Apple Valley Unified School District with remaining Proposition 1B funds.  These funds were obligated last year but are now available due to a cancelled contract.  The air district is also funding a replacement school bus for Eastside Union School District with a combination of remaining Proposition 1B funds and transferred Proposition 1B funds.

The air district has committed to include the following liquidated damages language in the school bus replacement grant contract to ensure the project funding will meet the June 30, 2014, liquidation deadline:

"Delivery of the new buses to Grantees must occur on or before May 29, 2014 (“Final Delivery Date”).  Time is of the essence in this contract for the purchase of new school buses to replace older, higher-polluting buses.  Failure to timely deliver the new school buses will result in harm to the Air District, school districts, school children, and air quality in the affected school district and Air District.  Further, every day in which delivery of a new school bus has been delayed may result in additional costs to the Air District and Grantee to rent or lease an equivalent bus or otherwise mitigate the damages from the delay; such costs are definite but unquantifiable at the time of the execution of this Agreement.  Therefore, the parties acknowledge and agree to pay liquidated damages for failure to timely deliver the new school buses, as specified below:

For every day after May 29, 2014, in which a bus has not been delivered as specified in this Agreement, Grantee shall be liable to the Air District for liquidated damages in the amount of $100 per day per bus purchased with funds from the Lower-Emission School Bus Program."

The air district has committed to include the following liquidated damages language in the contract/purchase agreement between the school district and the school bus distributor to ensure the project funding will meet the June 30, 2014, liquidation deadline:

"Time is of the essence in these contracts for the purchase of new school buses to replace older, higher-polluting buses.  Failure to timely deliver the new school buses will result in harm to the implementing air district, school districts, school children, and air quality in the affected school district and air district.  Further, every day in which delivery of a new school bus has been delayed may result in additional costs to the implementing air district and school district to rent or lease an equivalent bus or otherwise mitigate the damages from the delay; such costs are definite but unquantifiable at the time of the execution of the contract.  Therefore, the parties acknowledge and agree to pay liquidated damages for failure to timely deliver the new school buses, as specified below:

For every day after May 29, 2014, in which a bus has not been delivered as specified in the contract, the school bus distributor/vendor shall be liable to the school district for liquidated damages in the amount of $100 per day per bus purchased with funds from the Lower-Emission School Bus Program and this amount shall be offset from the payment that will be made to the school bus distributor/vendor."

Additionally, the funding grant agreement between the San Joaquin Valley APCD, implementing for Mojave Desert AQMD, and Apple Valley Unified School District must contain language that states that the agreement is terminated if the replacement bus is not delivered to the school district by June 30, 2014.  Also, the funding grant agreement between the San Joaquin Valley APCD, implementing for Antelope Valley APCD, and Eastside Union School District must contain language that states that the agreement is terminated if the replacement bus is not delivered to the school district by June 30, 2014. 

This request is consistent with the intent of the guidelines to ensure that every one of the new and retrofitted buses funded by the LESB Program will be in service transporting California’s school children no later than June 30, 2014, and all LESB State program funding will be paid out by June 30, 2014.
CARB Action: Approved for funding with LESB Program state funds.
Determination Date: April 29, 2014

Reference: #2014-SB02
Request: Allow delivery of a replacement bus, funded with LESB Program Proposition 1B funding within the $140,000 replacement funding cap for Middletown Unified School District, after the April 1, 2014, delivery deadline.
Air District: San Joaquin Valley Air Pollution Control District (APCD) [for Lake County Air Quality Management District (AQMD)]
Guidelines Section(s): Chapter V, Section G and Section O; Mail-Out #MSC 10-11; Mail-Out #MSC 12-18
Determination: The LESB Program Guidelines state that replacement buses must be delivered by April 1, 2014, and that the $100 per day Liquidated Damages for the late delivery of school buses must be applied to replacement buses delivered to the school district after April 1, 2014. The air district is requesting the delivery deadline for this contract to be changed from April 1, 2014, to April 15, 2014.  The school bus vendor required placement of the purchase order by December 12, 2013, in order to ensure school bus delivery by April 1, 2014.  This school bus is being co-funded by Lake County AQMD (administered by San Joaquin Valley APCD) with remaining Proposition 1B funds and North Coast Unified AQMD with local AB 923 funds. 

The school district was not comfortable placing the school bus order until the North Coast Unified AQMD contract was executed as this contract represents the bulk of the funding.  The contract execution was delayed due to absences of both school district and air district staff over the holidays.  The North Coast Unified AQMD contract was executed on January 7, 2014.  The school bus vendor has indicated that the replacement bus is now in the manufacturing process and is slated to be finished on March 15th. The bus will then have to be shipped/driven from Georgia to California. The bus vendor will then need time to pass inspections and continue with whatever work they need to do before delivery. The bus will be in California, but not to the school district before the April 1, 2014, deadline. The vendor has indicated that they can deliver the bus by April 15, 2014.

The air district has committed to include the following liquidated damages language in the school bus replacement grant contract to ensure the project funding will meet the June 30, 2014, liquidation deadline:

Delivery of the new bus to Grantee must occur on or before April 15, 2014 (“Final Delivery Date”).  Time is of the essence in this contract for the purchase of new school buses to replace older, higher-polluting buses.  Failure to timely deliver the new school buses will result in harm to the Air District, school districts, school children, and air quality in the affected school district and Air District.  Further, every day in which delivery of a new school bus has been delayed may result in additional costs to the Air District and Grantee to rent or lease an equivalent bus or otherwise mitigate the damages from the delay; such costs are definite but unquantifiable at the time of the execution of this Agreement.  Therefore, the parties acknowledge and agree to pay liquidated damages for failure to timely deliver the new school buses, as specified below:
For every day after April 15, 2014, in which a bus has not been delivered as specified in this Agreement, Grantee shall be liable to the Air District for liquidated damages in the amount of $100 per day per bus purchased with funds from the LESB Program.

The air district has committed to include the following liquidated damages language in the contract/purchase agreement between the school district and the school bus distributor to ensure the project funding will meet the June 30, 2014, liquidation deadline:

Time is of the essence in these contracts for the purchase of new school buses to replace older, higher-polluting buses.  Failure to timely deliver the new school buses will result in harm to the implementing air district (either North Coast Unified AQMD or San Joaquin Valley Air APCD), school districts, school children, and air quality in the affected school district and air district.  Further, every day in which delivery of a new school bus has been delayed may result in additional costs to the implementing air district and school district to rent or lease an equivalent bus or otherwise mitigate the damages from the delay; such costs are definite but unquantifiable at the time of the execution of the contract.  Therefore, the parties acknowledge and agree to pay liquidated damages for failure to timely deliver the new school buses, as specified below:

For every day after April 15, 2014, in which a bus has not been delivered as specified in the contract, the school bus distributor/vendor shall be liable to the school district for liquidated damages in the amount of $100 per day per bus purchased with funds from the Lower-Emission School Bus Program and this amount shall be offset from the payment that will be made to the school bus distributor/vendor.

Additionally, the funding grant agreement between the Lake County AQMD and Middletown Unified School District must contain language that states that the agreement is terminated if the replacement bus is not delivered to the school district by June 30, 2014.

This request is consistent with the intent of the guidelines to ensure that every one of the new and retrofitted buses funded by the LESB Program will be in service transporting California’s school children no later than June 30, 2014, and all LESB State program funding will be paid out by June 30, 2014.
CARB Action: Approved for funding with LESB Program state funds.
Determination Date: February 6, 2014

Reference:  2014-SB01
Request:  For two school buses owned by the Napa Valley Unified School District, the air district is requesting an exemption from the requirement for a school district to provide documentation of tank expiration dates and serial numbers for compressed natural gas tanks that are to be replaced (Vehicle Identification Numbers:  1BAANBMA5XF084130 and 1BAANBMA0XF084133; Bay Area Air Quality Management District Project Number:  12SBTR01).
Air District:  Bay Area Air Quality Management District
Guidelines Section(s): Mail-Out #MSC 11-37
Determination:   For Assembly Bill 923-funded compressed natural gas tank replacement projects, Mail-Out #MSC 11-37 requires school districts to provide documentation of tank expiration dates and serial numbers of tanks that are to be replaced.  Mail-Out #MSC 11-37 allows tank replacement requests to be accepted by an air district within 18 months of their expiration dates – this allows the contract process to begin while preventing funding from being used to replace tanks that have a significant amount of useful life remaining.  Documentation of tank expiration dates and serial numbers is often in the form of photos of the tanks’ labels.

At the time of application, the Napa Valley Unified School District was unable to provide clear photos of the old tank labels because there was not enough clearance for photography. Instead, the school district obtained the tank expiration dates and serial numbers through visual observation of the tank labels. Typically, in these situations, once the tanks are dropped and the tank labels are accessible for photography, the vendor takes photos of the old tank labels before disposing of the tanks.  In this case, the vendor provided inadequate photo documentation of the tank labels, and the vendor later acknowledged this via email.  In addition, the vendor indicated that the old tanks were disposed of directly after removal.

The inadequate documentation is described in the following table:

The school district made a good faith effort to obtain documentation of tank expiration dates and serial numbers of the old tank labels.  The inadequate documentation of the tank labels was the result of circumstances beyond the school district’s control.  However, the school district has affirmed the following information for both buses:

• The buses were originally manufactured as compressed natural gas buses.
• The tanks that were replaced were the original tanks that came with the buses.
• The vehicle model year is 1999 and the engines were manufactured in 1998.
• This is the first time that the tanks on the buses have been replaced.
• They determined through visual observations that all of the tanks had expiration dates throughout 2013.

The aforementioned information does not serve as documentation of the expiration dates of the old tanks, but it provides a framework that indicates that the old tanks were close to the end of a typical manufacturer’s service life of 15 years.
 

CARB Action:  Approved.
Determination Date: January 03, 2014

2013 Case-by-Case Determinations

Reference:  #2013-SB03
Request:  For Eureka City Schools (a unified school district) Bus #10 (Vehicle Identification Number 1BABNBMA8YF092146), allow compressed natural gas tanks to be replaced before the school bus is 14 years old. 
Air District:  North Coast Unified Air Quality Management District
Guidelines Section(s):  Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive Assembly Bill 923 funding for compressed natural gas tank replacement.  Bus #10 is a 2000 model year vehicle.  Because the compressed natural gas tanks are not currently accessible for photography, the school district used visual observations to determine that all four of the bus’s compressed natural gas tanks have an August 2014 expiration date (in such cases, for documentation, the school district will submit photographs of the compressed natural gas tanks after the tanks are removed). 

The school district, which is in Eureka, would like to replace Bus #10’s compressed natural gas tanks during July or August of 2013 – about four to five months before the bus will be 14 years old.  In the request, the school district indicated that 1) the nearest vendor that is authorized to replace the compressed natural gas tanks is A-Z Bus Sales in Sacramento (a round trip from Eureka to Sacramento is approximately 600 miles); 2) A-Z Bus Sales is also the nearest vendor to repair and work on John Deere compressed natural gas engines; and 3) the John Deere engine in Bus #10 is experiencing mechanical issues and they plan to send it to Sacramento for service this summer.  The school district estimates that it would save approximately $1,250 by having the compressed natural gas tanks replaced at the same time the engine is serviced during one trip from Eureka to Sacramento in July or August of 2013, as opposed to making two trips to Sacramento – one in July or August of 2013 to service the engine, and another one to replace the compressed natural gas tanks in 2014 after the bus is 14 years old.

The air district did not indicate that it will need the ability to proceed with this project prior to the bus reaching 14 years old in order to ensure tank replacement prior to the tank expiration date.
CARB:  Not approved.
Determination Date:  August 7, 2013

Reference:  #2013-SB02
Request:  Allow Lower-Emission School Bus Program funding within the $20,000 retrofit funding cap to be used for Oak Grove School District to purchase two spare diesel particulate filters (each spare filter for a different type of retrofit device).
Air District:  Bay Area Air Quality Management District
Guidelines Section(s):  Chapter IV, Section C
Determination:  The air district is in the process of awarding funds to Oak Grove School District for the installation of 17 retrofit devices.  Thirteen buses (numbers 19, 20, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, and 46) will receive Donaldson LNF retrofit devices, and four buses (numbers 36, 38, 39, and 40) will receive Donaldson LXF retrofit devices.  Different retrofit devices will be used because the applicability of a Donaldson LNF or LXF is partially determined by the model year of the engine and whether the engine is high or low NOx.

Having a spare filter minimizes the disruption to a school district’s normal fleet operation during filter maintenance intervals for a bus.  The Lower-Emission School Bus Program Guidelines only allow funds to pay for one spare filter for up to 20 in-service retrofits.  Because two different types of retrofit devices will be used, the school district would like to use Lower-Emission School Bus Program funds to purchase two spare filters -- one for the Donaldson LNF retrofit devices and one for the Donaldson LXF retrofit devices.  This request is consistent with the intent of the Lower-Emission School Bus Program Guidelines to minimize disruption in the school districts’ ability to provide transportation to students.
CARB Action: Approved for funding with AB 923 funds.
Determination Date: June 17, 2013

Reference:  #2013-SB01
Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for a compressed natural gas tank replacement for the following three school buses that belong to the Lompoc Unified School District:

Air District:  Santa Barbara County Air Pollution Control Distric t
Guidelines Section(s): Mail-Out #MSC 11-37
Determination:  Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive funding.  All of the school buses listed in this request are 2000 model year vehicles.   The documentation provided shows that each bus has some tanks that will expire in late 2013 (October 2013 for one bus and December 2013 for the other two buses) and some tanks that will expire in February 2014.  In order to ensure tank replacement prior to expiration, the air district will need the ability to execute contracts and proceed with projects prior to the buses reaching 14 years of age. 
CARB Action: Approved for funding with AB 923 funds.
Determination Date: April 10, 2013

2012 Case-by-Case Determinations

Reference: #2012-SB07
Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for a compressed natural gas (CNG) tank replacement for the following nine school buses:

Air District: South Coast Air Quality Management District
Guidelines Section(s): Mail-Out #MSC 11-37
Determination: Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive funding. All of the school buses listed in this request are 1999 model year vehicles with CNG tanks manufactured between 04-1997 and 06-1998. The documentation provided shows that some of the tanks have expiration dates throughout 2012, and that the remaining tanks will expire between 01-2013 and 06-2013. In order to ensure tank replacement before additional tanks expire, the air district needs to execute contracts and proceed with projects prior to the buses reaching 14 years of age.
CARB Action: Approved for funding with AB 923 funds.
Determination Date: December 21, 2012

Reference: #2012-SB08
Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for a compressed natural gas (CNG) tank replacement for the following six school buses:

Air District: Bay Area Air Quality Management District
Guidelines Section(s): Mail-Out #MSC 11-37
Determination: Mail-Out #MSC 11-37 requires school buses to be at least 14 years old, but no older than 16 years, to receive funding. All of the school buses listed in this request are 1999 model year vehicles with CNG tanks manufactured between 02-1998 and 03-1998.

In order to ensure tank replacement prior to expiration, the air district will need the ability to execute contracts and proceed with projects prior to the buses reaching 14 years of age.

For the West County Transportation Agency’s two buses, the documentation provided shows that the tanks will expire in 03-2013. The San Ramon Valley Unified School District (SRVUSD) has not yet provided documentation of tank expiration dates and serial numbers for its four buses because there is not enough clearance for photography. Instead, SRVUSD obtained the tank expiration dates (02-2013) and serial numbers through visual observations of the tank labels.
NOTE: This approval is granted only to provide the air district with the ability to execute contracts and proceed with projects prior to the buses reaching 14 years of age, and does not constitute a review or approval of any other aspect of the projects. It is the air district’s responsibility to verify that the project conforms to all applicable guidelines, mail-outs, and statutes. In addition, for SRVUSD’s four buses, this determination is contingent upon the air district obtaining documentation of tank expiration dates and serial numbers – in the form of photos of the tank labels – from SRVUSD once the tank labels are accessible for photography.
CARB Action: Approved for funding with AB 923 funds.
Determination Date: December 20, 2012

Reference: #2012-SB06
Request: The air district is requesting an exemption from the requirement for a school bus to be at least 14 years old to be eligible for a CNG tank replacement for West County Transportation Agency school bus #52 (VIN 1BAANBMA5XF083382).
Air District: Bay Area AQMD
Guidelines Section(s): Mail-Out #MSC 11-37
Determination: Mail-Out 11-37 requires school buses to be at least 14 years old but no older than 16 years to receive funding. West County Transportation Agency school bus #52 is a 1999 model year vehicle with four CNG tanks manufactured in 03-1998. Documentation provided shows that the tanks will expire in 03-2013. In order to ensure tank replacement prior to expiration, air district will need ability to execute contract and proceed with projects a few months prior to the bus reaching 14 years of age.
CARB Action: Approved for funding with AB 923 funds.
Determination Date: October 17, 2012

Reference: #2012-SB05
Request: Allow LESB funding within the $140,000 replacement funding cap to be utilized for Sacramento City Unified School District to execute a contract for a replacement bus after the April 1, 2012 delivery deadline.
Air District: Sacramento Metropolitan AQMD
Guidelines Section(s): Chapter V, Section G and Section O; Mail-Out #MSC 10-11
Determination: The LESB Program Guidelines state that replacement buses must be delivered by April 1, 2012, and that the $100 per day Liquidated Damages for the late delivery of school buses must be applied to replacement buses delivered to the school district after April 1, 2012. The air district is requesting the delivery deadline for this contract to be changed from April 1, 2012 to May 4, 2012 because the air district is issuing and executing a new bus replacement contract after the April 1, 2012 delivery deadline in order to expend all Proposition 1B funds.

The air district has remaining Proposition 1B funds due to projects dropping out and due to lower final invoice amounts as a result of the July 1, 2011 statewide one-percent decrease in the sales tax rate. All eligible retrofit applications have been contracted and funded. Only eligible bus replacement projects are on the air district’s ranked waitlist. Sacramento City Unified School District has the next eligible old bus on the ranked waitlist for Proposition 1B grant funds.

The air district must include the following liquidated damages language in the bus replacement grant contract to ensure the project funding will meet the June 30, 2012, liquidation deadline:

Time is of the essence in these contracts for the purchase of new school buses to replace older, higher-polluting buses. Failure to timely deliver the new school buses will result in harm to the implementing agency, school districts, schoolchildren, and air quality in the affected school and air districts. Further, every day in which delivery of a new school bus has been delayed may result in additional costs to the implementing agency and school district to rent or lease an equivalent bus or otherwise mitigate the damages from the delay; such costs are definite but unquantifiable at the time of execution of the contract. Therefore, the parties acknowledge and agree to pay liquidated damages for failure to timely deliver the new school buses, as specified below:

For every day after May 4, 2012, in which a bus has not been delivered as specified in the contract, the school district shall be liable to the implementing agency for liquidated damages in the amount of $100 per day per bus purchased with funds from the Lower-Emission School Bus Program.

Furthermore, the contract/purchase agreement between the school district and the school bus distributor must include the following liquidated damages language:

Time is of the essence in these contracts for the purchase of new school buses to replace older, higher-polluting buses. Failure to timely deliver the new school buses will result in harm to the implementing agency, school districts, schoolchildren, and air quality in the affected school and air districts. Further, every day in which delivery of a new school bus has been delayed may result in additional costs to the implementing agency and school district to rent or lease an equivalent bus or otherwise mitigate the damages from the delay; such costs are definite but unquantifiable at the time of execution of the contract. Therefore, the parties acknowledge and agree to pay liquidated damages for failure to timely deliver the new school buses, as specified below:

For every day after May 4, 2012, in which a bus has not been delivered as specified in the contract, the school bus distributor/vendor shall be liable to the school district for liquidated damages in the amount of $100 per day per bus purchased with funds from the Lower-Emission School Bus Program.

Additionally, the funding grant agreement between SMAQMD and Sacramento City Unified School District must contain language that states that the agreement is terminated if the replacement bus is not delivered to the school district by May 10, 2012.

This request is consistent with the intent of the guidelines to ensure that every one of the new and retrofitted buses funded by the LESB will be in service transporting California’s school children no later than June 30, 2012, and all LESB State program funding will be paid out by June 30, 2012.
CARB Action: Approved for funding with LESB state funds.
Determination Date: April 17, 2012

Reference: #2012-SB04
Request: Allow LESB funding within the $20,000 retrofit funding cap to be utilized for Oroville Union High School District to purchase a second spare diesel particulate filter (each spare filter for a different filter technology).
Air District: Butte County AQMD
Guidelines Section(s): Chapter IV, Section C
Determination: The air district has a contract with Oroville Union High School District that includes seven Cleaire Horizon diesel particulate filters (DPF) and one spare Cleaire Horizon filter core. The air district is executing another contract for one Cleaire LongMile DPF and one spare Cleaire LongMile filter core, contingent upon CARB approval for the second core in their fleet. The guidelines limit LESB funding to pay for only one spare filter for up to 20 in-service retrofits. The school district would like to use LESB funds to purchase a second spare filter for the Cleaire LongMile diesel particulate filter because Horizon and LongMile filters use different technologies and therefore require different spare filters. The bus that will have the LongMile DPF installed is currently used on daily routes and having the spare filter core will minimize the disruption to the school district’s normal fleet operation during filter maintenance intervals for the bus. This request is consistent with the intent of the Guidelines to minimize disruption in the school district’s ability to provide transportation to students.
CARB Action: Approved for funding with LESB state funds.
Determination Date: April 11, 2012

Reference: #2012-SB03
Request: Allow the air district to not hold the school bus vendor liable for liquidated damages for the late delivery of two buses (Ramona Unified School District, old bus VIN 1FDNJ64N4GVA56396; Escondido Union High School District, old bus VIN 39138) as long as the buses are delivered by June 30, 2012.
Air District: San Diego County Air Pollution Control District
Guidelines Section(s): Section O of Chapter V, as amended by Mail-Outs #MSC 10-11 and #MSC 10-24
Determination: The vendor informed the air district that it will not be able to meet the LESBP’s April 1, 2012 delivery deadline because of the high volume of new buses that are required to be delivered by that deadline. This requirement was put in place in response to past problems with late deliveries. The purpose of charging liquidated damages -- in the amount of $100 per day per bus for each day a bus is delivered after April 1, 2012 -- is to ensure a level playing field for all business entities that stand to profit from the sale of program-funded school buses, to minimize any potential risks to school districts and air districts, and to forestall delays in achieving emission benefits.
CARB Action: Not approved.
Determination Date: March 29, 2012

Reference: #2012-SB02
Request: Allow LESB funding of one Berkeley Unified School District bus by granting an extension of 6 days beyond the 60-day requirement to dispose of old bus #11 (VIN 1T75U4B27P1117159) after delivery of the new bus.
Air District: Bay Area AQMD
Guidelines Section(s): Appendix C, Section K; Mail-Out #MSC 11-16
Determination: LESBP Guidelines require that school districts ensure that the old school bus is dismantled within 60 days of the receipt of the new, replacement bus. Mail-Out #MSC 11-16 says that “dismantling is not required within 60 days if documentation shows that the old bus was not driven after delivery of the new replacement bus.” Communications from the school district transportation manager indicate that the old bus was driven after delivery of the new bus due to bus shortages and given only low mileage assignments for a total of 124 miles. The old bus was dismantled 66 days after delivery of the new bus.
CARB Action: Approved for funding.
Determination Date: March 27, 2012

Reference: #2012-SB01
Request: Allow LESB funding within the $20,000 retrofit funding cap to be utilized for CYO Transportation to purchase two spare diesel particulate filters (each spare filter for a different filter technology).
Air District: Bay Area AQMD
Guidelines Section(s): Chapter IV, Section C
Determination:The air district has a contract with CYO Transportation for eight ThermaCat and eight Cleaire Horizon diesel particulate filters and one spare Cleaire Horizon but intends to amend the contract to eight Cleaire LongMile diesel particulate filters, eight Cleaire Horizon diesel particulate filters, and one spare Cleaire Horizon. The guidelines limit LESB funding to pay for only one spare filter for up to 20 in-service retrofits. The school district would like to use LESB funds to purchase a second spare filter for the Cleaire LongMile diesel particulate filters because Horizon and LongMile filters use different technologies and therefore require different spare filters. This request is consistent with the intent of the Guidelines to minimize disruption in the school district’s ability to provide transportation to students.
CARB Action: Approved for funding with LESB state funds.
Determination Date: February 1, 2012

2011 Case-by-Case Determinations

Reference: #2011-60
Request: Allow LESBP funding of Brea Olinda Unified School District Bus #5 (VIN 1T7C4H679H1286007) granting an exemption for a lapse in CHP 292 certification.
Air District: South Coast AQMD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Documentation shows approximately an 11 month lapse in CHP certification (11/28/10 to 10/25/11) for Bus #5. Prior CHP inspection reports show the bus had been continuously certified from 2005 to 2009. In September 2009, the bus experienced engine failure, and due to serious budget constraints facing the school district, necessary repairs were postponed. The bus was repaired in September 2011 and re-certified in October 2011.
CARB Action: Approved for funding with LESB state funds.
Determination Date: November 23, 2011

Reference #2011-58
Request: Allow the Red Bluff Union Elementary School District to donate a replaced school bus (VIN# 1C9FJ17A7GC102345) to the local sheriff's department for team training exercises.
Air District: San Joaquin Valley Air Pollution Control District (for Tehama County Air Pollution Control District)
Guidelines Section(s): Chapter III, Section A(2)
Determination: Senate Bill 88 (Ch 181, Stats 2007) requires old school buses to be scrapped once replaced. The Red Bluff Union Elementary School District has requested that this bus be donated to the local sheriff's department to allow for a training opportunity. This request is approved and the process below must be followed:

1. The air district must obtain documentation from the department requesting the bus stating that they have taken possession of it for training;
2. The receiving department must sign a contract/agreement, letter, or form stating that the replaced bus has been dismantled as defined in the Lower-Emission School Bus Program Guidelines. This document must contain the same information that a dismantler would provide -- vehicle identification number (VIN), the school district's name, the sheriff's station number, and a statement such as, "This school bus was used for training on (date) and has been rendered useless," and then would be signed by the authorized person at the department such as the chief or department head. This document must then be sent to the air district implementing the school district's program;
3. The air district must verify that the Non-Repairable Vehicle Certificate (DMV Form 488C) is on file with the Department of Motor Vehicles; and
4. The school district is required to submit numbers 2 and 3 above as prerequisites for reimbursement.

CARB Action: Approved for funding with the aforementioned requirements.
Determination Date: October 31, 2011

Reference #2011-56Request: Allow LESBP funding within the $20,000 retrofit funding cap to be used for Sanger Unified School District Bus #41 to purchase a second spare diesel particulate filter (first filter for this retrofit device manufacturer). Air District: San Joaquin Valley Air Pollution Control District Guidelines Section(s): Chapter IV, Section C
Determination: Sanger Unified School District has already installed 11 Cleaire retrofit devices and purchased a spare filter with LESBP Proposition 1B funding; however, a Cleaire retrofit device cannot be installed on Bus #41.  The air district will amend the existing contract with the school district to retrofit Bus #41 with an ESW ThermaCat retrofit device. The Guidelines limit LESBP funding to pay for only one spare filter for up to 20 in-service retrofit devices. The school district would like to use LESBP funds to purchase a spare filter for the ThermaCat retrofit device. This request is consistent with the intent of the Guidelines to minimize disruption in the school district’s ability to provide transportation to students.
CARB Action: Approved for funding with LESBP state funds.
Determination Date: October 20, 2011

Reference #2011-55
Request: Allow LESBP funding of Pacheco Union Elementary School District Bus #P46 (VIN 1T7C4H628G1421626), granting exemption for 17-day lapse in CHP 292 certification (7/21/09 - 8/6/09).
Air District: Shasta County Air Quality Management District
Guidelines Section(s): Chapter III, Section A(2)
Determination: An email from the school district indicates that the 17-day lapse was due to CHP inspection scheduling. The lapse was a result of circumstances beyond the school district's control.
CARB Action: Approved for funding with LESBP state funds.
Determination Date: October 18, 2011

Reference #2011-52
Request: Allow El Dorado Union High School District to donate a replaced school bus (VIN# 05369) to the local sheriff's department for team training exercises.
Air District: Sacramento Metropolitan AQMD
Guidelines Section(s): Chapter III, Section A(2)
Determination: Senate Bill 88 requires old school buses to be scrapped once replaced. El Dorado Union High School District has requested that this bus be donated to the local sheriff's department to allow for a training opportunity. This request is approved and the process below must be followed:

1. The air district must obtain documentation from the department requesting the bus stating that they have taken possession of it for training;
2. The receiving department must sign a contract/agreement, letter or form stating that the replaced bus has been dismantled as defined in the LESBP Guidelines. This document must contain the same information that a dismantler would provide - vehicle identification number (VIN), the school district's name, the sheriff's station number, and a statement such as, "This school bus was used for training on (date) and has been rendered useless.", and then would be signed by the authorized person at the department such as the chief. This documents must then be sent to the air district implementing the school district's program;
3. The air district must verify that the Non-Repairable Certificate (DMV Form 488C) is on file with the DMV; and
4. The school district is required to submit #2 and #3 above as prerequisites for reimbursement.

CARB Action: Approved for funding with above requirements.
Determination Date: September 19, 2011

Reference #2011-50
Request: Allow the LESBP funding of Arcohe Union School District Bus #1 (VIN 177C4H664G1768986) granting an exemption for a lapse in CHP 292 certification.
Air District: Sacramento Metropolitan AQMD
Guidelines Section(s): Chapter III, Section A(2)
Determination: Documentation shows a 145 day lapse (9/25/10 - 2/17/11) in CHP certification due to budget constraints and necessary repairs. Prior CHP inspection reports show the bus has been in continuous use.
CARB Action: Approved for funding with LESB state funds.
Determination Date: September 1, 2011

Reference #2011-49
Request: Allow LESBP funding to replace school buses with remanufactured model year (MY) 1986 engines.
Air District: Sacramento Metropolitan AQMD
Guidelines Section(s): Chapter III, Section A(2)
Determination: The air district has requested approval to replace 19 model year (MY) 1977 to 1986 school buses equipped with remanufactured engines. Upon review of the documentation provided from the engine manufacturer, it is determined that these remanufactured engines qualify as pre-1987 engines, and, are therefore, eligible for replacement.
CARB Action: Approved for funding.
Determination Date: September 1, 2011

Reference #2011-48
Request: Allow LESBP funding of Marysville Joint Unified School District Bus #16 (VIN: RE30514450) and Bus #17 (VIN: RE2014451), granting exemption for a 47-day lapse in CHP 292 certification (9/14/08 - 10/31/08).
Air District: San Joaquin Valley Air Pollution Control District (for Feather River APCD)
Guidelines Section(s): Chapter III, Section A(2)
Determination: A letter from the school district indicates that the 47-day lapse for these two buses was due to mechanical issues. The buses were awaiting parts in a local repair shop when the initial CHP inspection was performed. Records indicate once the repairs were completed, the buses were immediately inspected by the CHP and returned to service.
CARB Action: Approved for funding with LESBP state funds.
Determination Date: August 4, 2011

Reference #2011-41
Request: Allow Marine Corps Community Services at the Marine Corps Air Station Miramar (Miramar MCCS), that is part of the federal government, to be considered as an eligible applicant for LESBP funding to retrofit five buses that it owns and uses to transport children to public schools.
Air District: San Diego County Air Pollution Control District
Guidelines Section(s): Chapter IV, Section B(1)
Determination: The 2008 LESBP Guidelines describe the following categories of applicants that are eligible to receive funding for retrofits:

1. Public school districts that own their own buses; this also includes Joint Power Authorities (JPAs) formed by several public school districts where the JPA holds ownership of the school buses; and
2. Private transportation providers that contract with public school districts to provide transportation services.

Miramar MCCS is not a public school district, a JPA of public school districts, or a private transportation contractor, and does not contract with a public school district to provide transportation services. However, Miramar MCCS does transport children to and from public schools and is not exempt from the Truck and Bus Regulation.

Miramar MCCS may be considered as an applicant that is eligible to receive LESBP retrofit funds; however, this determination is contingent upon the LESBP retrofit contract agreement between the San Diego County Air Pollution Control District and the Miramar MCCS including a requirement that the Miramar MCCS own and operate the retrofitted buses, for the transportation of children to public schools, for five years or more.
CARB Action: Approved.
Determination Date: July 7, 2011

Reference #2011-42
Request: Allow LESBP funding of Atascadero Unified School District Bus #25 (VIN 39106), granting exemption for 11-day lapse in CHP 292 certification (1/17/10-1/27/10).
Air District: San Joaquin Valley APCD (for San Luis Obispo County APCD)
Guidelines Section(s): Chapter III, Section A(2)
Determination: A letter from the school district indicates that the 11-day lapse was due to the CHP postponing inspections due to rain. The school district’s bus lot flooded several times, and the CHP officer had to try to fit his inspections in between rain storms and the flooding of the bus lot.
CARB Action: Approved for funding with LESBP state funds.
Determination Date: July 6, 2011

Reference #2011-44
Request:  Allow vendor payment for a new replacement bus for Bonita Unified School District even though the old bus has not yet been dismantled.
Air District:  South Coast AQMD
Guidelines Section(s):  Appendix C, Section K and Senate Bill (SB) 88 Section 44299.91(c)
Determination:  Communications from the school district transportation manager indicate that Bus #9, a 1986 Crown, was involved in a fatal accident. The CHP voided its DMV title; hence, it cannot be legally operated, and is parked at the school district yard. Because this bus is evidence and tied up in litigation, it also cannot be dismantled until legal issues are resolved. Delivery of the new replacement bus occurred on 2/1/2011 and the vendor, A-Z Bus, is requesting SCAQMD to authorize payment. The old bus is projected to be scrapped in 3-4 weeks, however, no documentation has been provided to determine the date of court action. The 2008 LESBP Guidelines state “For new buses, proof of new vehicle delivery and dismantling of the replaced vehicle must be provided before payment is made by the implementing agency.” SB 88 states “All school buses replaced pursuant to this section shall be scrapped.”
CARB Action:  Not authorized for payment until dismantling occurs.
Determination Date:  July 5, 2011

Reference #2011-43
Request: Allow LESB funding within the $20,000 retrofit funding cap to be utilized for Tahoe Truckee Unified School District buses #1, 14, 15, 16 and 23 to purchase a second spare diesel particulate filter (first filter for this retrofit manufacturer).
Air District: Northern Sierra AQMD
Guidelines Section(s): Chapter IV, Section C
Determination: Tahoe Truckee Unified School District has already installed 10 Cleaire diesel particulate filters and purchased a spare filter with LESB funding. The air district has a new contract with the school district for five additional Thermacat diesel particulate filters. The guidelines limit LESB funding to pay for only one spare filter for up to 20 in-service retrofits. The school district would like to use LESB funds to purchase a spare filter for the Thermacat diesel particulate filters. This request is consistent with the intent of the Guidelines to minimize disruption in the school district’s ability to provide transportation to students.
CARB Action: Approved for funding with LESB state funds.
Determination Date: June 29, 2011

Reference #2011-37
Request:  Allow LESBP funding of a Big Valley Joint Unified School District replacement bus (VIN 1BABNBXA6CF284427), granting an exemption for work begun before full execution of contract.
Air District:  San Joaquin Valley APCD (for Lassen County APCD)
Guidelines Section(s): Appendix C, Section F.1
Determination:  The air district and school district had been discussing replacement and retrofit projects simultaneously.  In early 2011, the air district approved a bus replacement project for the school district, but did not provide a contract at that time.  Later, in March 2011, the air district sent an executed contract to retrofit two buses to the school district.  At the same time, the air district and school district had been working to finalize the bus replacement project, in preparation for “going to contract.”  When the school district received the executed retrofit contract and retrofit reimbursement paperwork from the air district, the school district mistook these documents as a replacement contract and accompanying reimbursement paperwork, and began work as if an executed replacement contract had been received.  The school district proceeded to purchase a new replacement bus (VIN 1BABNBXA6CF284427) and to dismantle the old bus (VIN 1BABWCMAIAF050393). 

The air district did not become aware of what had happened until May 2011, when the school district submitted a claim for payment packet for the new bus.  The air district confirms that it has all documentation showing the eligibility of both the old bus and the new replacement bus, and that it will keep on file a letter from the school district that attests to their mistaken understanding of the contract and reimbursement paperwork that they received. 

This approval is contingent upon the air district obtaining documentation that work on the replacement project did not begin before full execution of the retrofit contract that was mistaken by the school district as a replacement contract. 

Finally, while the CARB understands the circumstances surrounding this project, the CARB considers this to be a very unusual request and will not approve similar case-by-case requests in the future.
CARB Action:  Approved for funding with LESBP funds.
Determination Date:  June 9, 2011

Reference #2011-34
Request:  Allow LESBP funding of Mendocino Unified School District Bus #15 (VIN 38699), granting exemption for 22-day lapse in CHP 292 certification (4/12/11-5/4/11).
Air District:  San Joaquin Valley APCD (for Mendocino County AQMD)
Guidelines Section(s):  Chapter III, Section A.2
Determination:   A letter from the school district indicates that the 22-day lapse was due to a minor repair and CHP re-inspection scheduling.  Bus #15 would not start when the CHP inspector came to inspect it; the school district got new batteries for the bus, but the CHP inspector was unable to return for a few weeks.  The lapse was a result of circumstances beyond the school district’s control.
CARB Action:  Approved for funding with LESBP funds.
Determination Date:  May 24, 2011

Reference #2011-32
Request:  LESB funding eligibility for: silicone heater hoses, heavy duty heater pump, 5/8” marine plywood, battery disconnect switch, dual 50k BTU heaters, LH double luggage compartment rear overhang with lights, RH double luggage compartment between wheel-wells with lights, de-icer entrance stairs, LED light package, heated/remote mirrors, and stainless steel step well for Happy Camp Union Elementary School District
Air District: San Joaquin Valley Unified APCD (for Siskiyou County APCD)
Guidelines Section(s): Chapter III, Section A (3), and Advisory #MSC 09-18
Determination: LESB program funds are limited. In order to maximize the program’s benefit to California’s school children, guidelines require that funds can only be used to purchase a new school bus that is equipped with essential or standard equipment.  Advisory #MSC 09-18 lists specific equipment that is ineligible for funding as well as specific equipment that is eligible without a case by case determination by CARB staff.  For grant amounts over $115,000 the school districts are responsible for the cost of all locally required options, with the following three exceptions: transmission retarder, air conditioning, and automatic tire chains.
CARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011

Reference #2011-31
Request:  LESB funding eligibility for: engine block heater, LED light package, stainless steel step well, and two additional 50k BTU heaters for Big Valley Joint Unified School District
Air District: San Joaquin Valley Unified AQMD (for Lassen County APCD)
Guidelines Section(s): Chapter III, Section A (3), and Advisory #MSC 09-18
Determination: LESB program funds are limited. In order to maximize the program’s benefit to California’s school children, guidelines require that funds can only be used to purchase a new school bus that is equipped with essential or standard equipment.  Advisory #MSC 09-18 lists specific equipment that is ineligible for funding as well as specific equipment that is eligible without a case by case determination by CARB staff.  For grant amounts over $115,000 the school districts are responsible for the cost of all locally required options, with the following three exceptions: transmission retarder, air conditioning, and automatic tire chains.
CARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011

Reference #2011-27
Request:  LESB funding eligibility for: exterior luggage compartments for Springville Union School District
Air District: San Joaquin Valley Unified APCD
Guidelines Section(s): Chapter III, Section A (3), and Advisory #MSC 09-18
Determination: LESB program funds are limited. In order to maximize the program’s benefit to California’s school children, guidelines require that funds can only be used to purchase a new school bus that is equipped with essential or standard equipment.  Advisory #MSC 09-18 lists specific equipment that is ineligible for funding as well as specific equipment that is eligible without a case by case determination by CARB staff.  For grant amounts over $115,000 the school districts are responsible for the cost of all locally required options, with the following three exceptions: transmission retarder, air conditioning, and automatic tire chains.
CARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011

Reference #2011-26
Request:  LESB funding eligibility for: LED light package, stainless steel step well, engine block heater, and two additional 50k BTU heaters for Scott Valley Unified School District
Air District: San Joaquin Valley Unified APCD (for Siskiyou County APCD)
Guidelines Section(s): Chapter III, Section A (3), and Advisory #MSC 09-18
Determination: LESB program funds are limited. In order to maximize the program’s benefit to California’s school children, guidelines require that funds can only be used to purchase a new school bus that is equipped with essential or standard equipment.  Advisory #MSC 09-18 lists specific equipment that is ineligible for funding as well as specific equipment that is eligible without a case by case determination by CARB staff.  For grant amounts over $115,000 the school districts are responsible for the cost of all locally required options, with the following three exceptions: transmission retarder, air conditioning, and automatic tire chains.
CARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011

Reference #2011-25
Request:  LESB funding eligibility for: engine block heater, two additional 50k BTU heaters, stainless steel step well, and LED light package for Surprise Valley Joint Unified School District
Air District: San Joaquin Valley Unified APCD (for Modoc County APCD)
Guidelines Section(s): Chapter III, Section A (3), and Advisory #MSC 09-18
Determination: LESB program funds are limited. In order to maximize the program’s benefit to California’s school children, guidelines require that funds can only be used to purchase a new school bus that is equipped with essential or standard equipment.  Advisory #MSC 09-18 lists specific equipment that is ineligible for funding as well as specific equipment that is eligible without a case by case determination by CARB staff.  For grant amounts over $115,000 the school districts are responsible for the cost of all locally required options, with the following three exceptions: transmission retarder, air conditioning, and automatic tire chains.
CARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011

Reference #2011-24
Request:  LESB funding eligibility for: transmission retarder for Ukiah Unified School District
Air District: San Joaquin Valley Unified APCD (for Mendocino County AQMD)
Guidelines Section(s): Chapter III, Section A (3), and Advisory #MSC 09-18
Determination: Case by case approval not required.  Advisory #MSC 09-18 allows funding of a transmission retarder without case by case approval.
CARB Action: Case by case approval not required.  Acceptable to fund per Advisory #MSC 09-18.
Determination Date: May 6, 2011

Reference #2011-23
Request:  LESB funding eligibility for: LED light package, stainless steel step well, engine block heater, two additional 50k BTU heaters, and de-icer on entrance stairs for Butte Valley Unified School District
Air District: San Joaquin Valley Unified APCD (for Siskiyou County APCD)
Guidelines Section(s): Chapter III, Section A (3), and Advisory #MSC 09-18
Determination: LESB program funds are limited. In order to maximize the program’s benefit to California’s school children, guidelines require that funds can only be used to purchase a new school bus that is equipped with essential or standard equipment.  Advisory #MSC 09-18 lists specific equipment that is ineligible for funding as well as specific equipment that is eligible without a case by case determination by CARB staff.  For grant amounts over $115,000 the school districts are responsible for the cost of all locally required options, with the following three exceptions: transmission retarder, air conditioning, and automatic tire chains.
CARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011

Reference #2011-22
Request:  LESB funding eligibility for: snow traction tires, baggage compartments, two additional 50k BTU heaters, engine block heater, stainless steel step well, and LED light package for Modoc Joint Unified School District
Air District: San Joaquin Valley Unified APCD (for Modoc County APCD)
Guidelines Section(s): Chapter III, Section A (3), and Advisory #MSC 09-18
Determination: LESB program funds are limited. In order to maximize the program’s benefit to California’s school children, guidelines require that funds can only be used to purchase a new school bus that is equipped with essential or standard equipment.  Advisory #MSC 09-18 lists specific equipment that is ineligible for funding as well as specific equipment that is eligible without a case by case determination by CARB staff.  For grant amounts over $115,000 the school districts are responsible for the cost of all locally required options, with the following three exceptions: transmission retarder, air conditioning, and automatic tire chains.
CARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011

Reference #2011-21
Request:  LESB funding eligibility for: heated mirrors, and a stainless steel step well for Upper Lake High School District
Air District: San Joaquin Valley Unified APCD (for Lake County AQMD)
Guidelines Section(s): Chapter III, Section A (3), and Advisory #MSC 09-18
Determination: LESB program funds are limited. In order to maximize the program’s benefit to California’s school children, guidelines require that funds can only be used to purchase a new school bus that is equipped with essential or standard equipment.  Advisory #MSC 09-18 lists specific equipment that is ineligible for funding as well as specific equipment that is eligible without a case by case determination by CARB staff.  For grant amounts over $115,000 the school districts are responsible for the cost of all locally required options, with the following three exceptions: transmission retarder, air conditioning, and automatic tire chains.
CARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011

Reference #2011-11
Request:  LESB funding eligibility for: a wheelchair lift for Santa Maria Joint Union School District
Air District: San Joaquin Valley Unified APCD (for Santa Barbara APCD)
Guidelines Section(s): Chapter III, Section A (3), and Advisory #MSC 09-18
Determination: LESB program funds are limited. In order to maximize the program’s benefit to California’s school children, guidelines require that funds can only be used to purchase a new school bus that is equipped with essential or standard equipment.  Advisory #MSC 09-18 lists specific equipment that is ineligible for funding as well as specific equipment that is eligible without a case by case determination by CARB staff.  For grant amounts over $115,000 the school districts are responsible for the cost of all locally required options, with the following three exceptions: transmission retarder, air conditioning, and automatic tire chains. 
Specialized equipment, such as a wheelchair lift is an eligible option for funding for a grant amount over $115,000 when the bus to be replaced was equipped with a lift or was otherwise equipped as a special needs bus.  The LESB program is designed to replace buses on a ‘like-for-like’ basis, with the cost of equipment upgrades and options remaining the responsibility of the local school district.
CARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011

Reference #2011-30
Request: Allow LESB funding of Lucia Mar Unified School District Bus #64 (VIN 39218) granting exemption for a 150 day lapse in CHP292 certification (4/5/10 to 9/2/10).
Air District: San Joaquin Valley Unified AQMD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Written documentation from the school district indicates that the lapse was due to a lack of funds for necessary repairs until the following fiscal year.
CARB Action: Approved for funding with LESB state funds.
Determination Date: April 29, 2011

Reference #2011-29
Request: Allow LESB funding of Modesto City Schools Bus #30 (VIN 1C9BH14A1CL102110) granting exemption for a 4 day lapse in CHP292 certification (1/1/10 to 1/5/10).
Air District: San Joaquin Valley Unified AQMD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Written documentation from the school district and the CHP indicates that the lapse was due to necessary repairs discovered at the annual inspection.
CARB Action: Approved for funding with LESB state funds.
Determination Date: April 29, 2011

Reference #2011-20
Request: Allow LESB funding of Summerville Union School District Bus #7 (VIN 1GBK6P1B0DV105506) granting exemption for a 52 day lapse in CHP292 certification (12/6/09 to 1/27/10).
Air District: San Joaquin Valley Unified APCD (for Tuolumne County APCD)
Guidelines Section(s): Chapter III, Section A (2)
Determination: Written documentation from the school district and the CHP indicates that the lapse was due to necessary repairs discovered at the annual inspection, as well as scheduling issues to re-inspect the bus.
CARB Action: Approved for funding with LESB state funds.
Determination Date: April 29, 2011

Reference #2011-19
Request: Allow LESB funding of Turlock Unified School District Bus #68 (VIN 1C9BH14A4BL102200) granting exemption for a 159 day lapse in CHP292 certification (4/28/06 to 10/4/06).
Air District: San Joaquin Valley Unified APCD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Written documentation from the school district and the CHP indicates that the lapse was due to lengthy and necessary repairs (engine overhaul).
CARB Action: Approved for funding with LESB state funds.
Determination Date: April 29, 2011

Reference #2011-17
Request: Allow LESBP funding of Shasta Union High School Bus #68 (VIN J70QVDG7509) granting a substitution for the required DMV Dismantlers Notice of Acquisition/Report of Vehicle to be Dismantled (REG 42) form with a DMV customer receipt copy.
Air District: Shasta County Air Quality Management District
Guidelines Section(s): Appendix C, Section K
Determination:  The school district was not able to obtain the REG 42 but was able to obtain a copy of the DMV customer receipt issued to the dismantler indicating that the bus was junked.  This DMV customer receipt is the document the DMV issues the dismantler after receipt of the REG 42 form.  Therefore, that receipt is a suitable substitution for the REG 42 as it is written confirmation from the DMV that the vehicle has been junked.
CARB Action: Approved for funding with LESB state funds.
Determination Date: March 21, 2011

Reference #2011-16
Request: Allow LESB funding of two Hayward Unified School District buses granting extension of the 60-day requirement to dispose the buses.
Air District: Bay Area AQMD
Guidelines Section(s): Appendix C, Section K
Determination:  Communications from the school district transportation manager indicate that the old buses were not driven after delivery of the new buses.  The old buses were towed to the local dismantler company within the 60-day time period, but the dismantler was closed.  The buses were then returned to the school district and re-towed to the dismantler 33 days later after winter holidays and winter break.  Dismantling occurred 88 days after the new buses were delivered to the school district.
CARB Action: Approved for funding.
Determination Date: March 28, 2011

Reference #2011-12
Request: Allow LESB funding of Happy Camp Elementary School District Bus #6 (VIN 39111) granting exemption for a 16 day lapse in CHP292 certification (6/12/07 to 7/28/08) and a 13 day lapse in CHP292 certification (8/28/09-9/10/09).
Air District: San Joaquin Valley Unified APCD (for Siskiyou APCD)
Guidelines Section(s): Chapter III, Section A (2)
Determination: Written documentation from the school district and the CHP indicates that the first lapse was due to CHP staff issues and the second lapse was due to travel restrictions in the area due to wild fires.
CARB Action: Approved for funding with LESB state funds.
Determination Date: March 11, 2011

Reference #2011-10
Request: Allow LESB funding of Clovis Unified School District Bus #42 (VIN 39111) granting exemption for a one day lapse in CHP292 certification (1/3/11-1/4/11).
Air District: San Joaquin Valley Unified APCD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Written documentation from the school district indicates that the lapse was due to school district staff furlough related scheduling issues. 
CARB Action: Approved for funding with LESB state funds.
Determination Date: March 10, 2011

Reference #2011-06
Request: Allow LESB funding of four Del Norte County Unified School District buses granting extension of the 60-day requirement to dispose the buses.
Air District: North Coast Unified AQMD
Guidelines Section(s): Appendix C, Section K
Determination:  Communications from the school district superintendent and transportation personnel indicate that the old buses were not driven after CHP certification of the new buses.  The old buses were taken to the new local dismantler company which has experienced delays in their own licensure process.  An extension of the dismantle time period was requested by the school district prior to the 60-day deadline.  If by mid-February the local dismantler has not completed their licensure process, the school district plans to drive the buses to a recycler 90 miles away.
CARB Action: Approved for funding with LESB State funds.

Determination Date: February 10, 2011

Reference #2011-05
Request: Allow LESB funding for Plumas Unified School District buses #20, #21, #22, #23, and #24 to include costs, up to the $20,000 cap, to replace injectors and remanufacture/upgrade head needed to accommodate the installation of the diesel particulate filter. 
Air District:  Northern Sierra AQMD
Guidelines Section(s): Chapter IV, Section C
Determination: The guidelines allow up to $20,000 for the cost of the diesel particulate filter, necessary data logging and installation, and maintenance for the device.  Maintenance for the school bus is not a cost covered by the LESB funding. 
CARB Action: Not approved for funding with LESB state funds.
Determination Date:  February 3, 2011

2010 Case-by-Case Determinations

Reference: #2010-60
Request: Allow LESB funding of Springville Union School District Bus #1 (VIN D0835HHB320007) granting exemption for four month lapse in CHP292 certification (4/12/10-7/23/10).
Air District: San Joaquin Valley Unified AQMD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Written documentation from the school district and CHP indicates that the lapse was due to CHP re-inspection scheduling. The lapse was a result of circumstances beyond the school district’s control.
CARB Action: Approved for funding with LESB state funds.
Determination Date: December 23, 2010

Reference: #2010-57
Request: Allow LESB funding of Upper Lake Elementary School District Bus #8 (VIN 1BABZBXAOFF067948) granting exemption for 16 day lapse in CHP292 certification (4/2/08-4/18/09).
Air District: San Joaquin Valley Unified AQMD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Written documentation from the school district and CHP records indicates that the 16 day lapse was due to repairs and CHP re-inspection scheduling. The lapse was a result of circumstances beyond the school district’s control.
CARB Action: Approved for funding with LESB state funds.
Determination Date: December 21, 2010

Reference: #2010-54
Request: Allow the LESBP funding of Grenada School District Bus #18 (vin B70BVDG5269) granting exemption for 408 day lapse in CHP 292 certification (03/02/2006 - 06/01/2007)
Air District: San Joaquin Valley Unified AQMD (for Siskiyou county APCD)
Guidelines Section(s): Chapter III, Section A (2)
Determination: Bus #18 suffered damage from vandalism prior to scheduled re-certification in March of 2006. School district staff did not immediately repair the bus because they hoped the police investigation would yield a conviction and restitution by the perpetrators. Eventually, district staff realized they would simply have to use their own funds to repair the bus, which was then re-certified. The decision to delay repairs/re-certification was made without knowledge of the consequences with respect to LESB funding.
CARB Action: Approved for funding with LESB state funds.
Determination Date: November 23, 2010

Reference: #2010-50
Request: Allow the LESBP funding of Arcata School District Bus #5 (vin 1C9EJ15A7GC102215) granting exemption for 129 day lapse in CHP 292 certification (10/30/09-3/09/10)
Air District: North Coast Air Quality Management District
Guidelines Section(s): Chapter III, Section A (2)
Determination: The regularly scheduled re-certification inspection in September 2009 resulted in the bus being removed from service for repair. School district staff promptly repaired the bus prior to what would have been the expiration date of the prior certification, but then failed to have it re-certified for the following year. Staff operated the bus for four months and nine days without a valid CHP 292 and were cited by the CHP for violation of VC2807.1(a). Additional documentation of odometer readings suggests the bus has been operated continuously. The lapse in CHP 292 certification was apparently a result of confusion in timing and rescheduling of CHP inspection.
CARB Action: Approved for funding with LESB state funds.
Determination Date: October 29, 2010

Reference: #2010-48
Request: Allow the LESBP funding of Cottonwood Union Bus #193 (VIN 1C9EJ14A6BL102216) and Bus #94 (VIN 1C9EJ14A4BL102215) granting exemptions for lapses in CHP 292 certification in 2008 and 2009
Air District: Shasta County Air Quality Management District
Guidelines Section(s): Chapter III, Section A (2)
Determination: An explanation from the CHP indicates that Bus #193 had a 20 day lapse in CHP certification due to a safety violation (frame web is cracked at the rear battery box mounting brace) and CHP scheduling constraints. The inspection reports indicate continuous use.

Bus #94 had a 20 day lapse in 2008 for both safety (braking system issue) and non-safety (torn seat cushion) issues. As with bus #193, the 20 day lapse in 2009 was due in part to CHP scheduling constraints. The inspection reports indicate continuous use.

Evidence suggests the school district has attempted to maintain continuous CHP 292 certification, and these lapses were both minor violations, as well as being somewhat beyond their control.
CARB Action: Approved for funding with LESB state funds.
Determination Date: October 19, 2010

Reference: #2010-47
Request: Allow a private transportation provider, Tumbleweed Transportation, to apply directly for LESBP funding. Tumbleweed Transportation operates several buses for schools in the Air District but does not own four of the buses for which retrofit funding has been requested.
Air District: South Coast Air Quality Management District
Guidelines Section(s): Chapter IV, Section B; Appendix C
Determination: Because Tumbleweed Transportation is not the owner of the four buses in question, Tumbleweed is not an eligible applicant under the following LESBP Guideline requirements:

* Tumbleweed is neither a public school district or a private transportation provider that owns the four buses;
* Tumbleweed cannot meet the two-prong requirement that the applicant owns and operates the buses for five years or more (only operated); and
* The minimum contract requirement (Appendix C) paragraph P requires ownership

CARB Action: Not approved for funding with LESB state funds.
Determination Date: October 19, 2010

Reference: #2010-45
Request: Allow LESB funding of Grenada Unified School District Bus (vin B70BVDG5269) granting exemption for work begun prior to fully executed contract
Air District: San Joaquin Valley Unified APCD (for Siskiyou county APCD)
Guidelines Section(s): Appendix C, Section F (1)
Determination: After submitting a LESBP application in 2008, Grenada also applied with the Department of Education for a Small Schools Grant and was awarded partial funding in July of 2010 to replace this bus. Due to the extended delays of the Lower Emission School Bus Program, Grenada Unified initiated the process of ordering a new bus with a vendor in an effort to not lose their small school funds. This included a letter of intent to the vendor and the issuance of a Purchase Order by Grenada Unified School District prior to the restarting of the LESB program. The school district acted in good faith by previously applying for LESB funds, and the delay in LESBP funding was outside the school district’s control
CARB Action: Approved for funding with LESB state funds.
Determination Date: October 11, 2010

Reference: #2010-44
Request: Allow LESB funding of Mariposa County Unified School District Bus #4 (vin 102183) granting exemption for 30 day lapse in CHP292 certification (5/2/10-6/2/10).
Air District: San Joaquin Valley Unified APCD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Documentation from the school district indicates that the 30 day lapse was due to mechanical issues. In December of 2009, the bus was removed from service due to a cracked frame that the district was not able to repair until after the CHP292 certificate had expired in May of 2010. Odometer readings on the CHP292 from prior years and after the repair indicate regular and consistent use of the bus.
CARB Action: Approved for funding with LESB state funds.
Determination Date: October 6, 2010

Reference: #2010-43
Request: Allow LESB funding of two Southern Kern Unified School District Buses granting exemption for not dismantling buses within 60 days.
Air District: San Joaquin Valley Unified APCD
Guidelines Section(s): Appendix C, Section K
Determination: According to the school district, staff shortages to physically deliver the buses to the dismantler (90 miles away) prevented delivery prior to the end of the school term. Testimony from school district maintenance staff and drivers as well as log books and expired CHP292 forms document no usage of the old buses after delivery of the new buses. The old buses remained parked in their yard until moved to the dismantler.
CARB Action: Approved for funding with LESB state funds.
Determination Date: October 18, 2010

Reference: #2010-38
Request: Allow LESB funding of Needles Unified (Mojave Desert) School District Bus #12 (vin 37626) granting exemption for 100 day lapse in CHP292 certification (5/7/10-8/16/10).
Air District: San Joaquin Valley Unified APCD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Written documentation from the school district indicates that the 100 day lapse was due to repair issues and CHP scheduling issues. The bus failed inspection in May due to a fuel leak, and was repaired promptly, but scheduling issues between the CHP and school district prevented the re-certification until 8/16/10. Additional documentation of odometer readings suggests regular use. The lapse was a result of circumstances beyond the district’s control.
CARB Action: Approved for funding with LESB state funds.
Determination Date: September 7, 2010

Reference: #2010-37
Request: Allow LESB funding of Burton School District Bus #9 (vin E5169) granting exemption for nine day lapse in CHP292 certification (11/13/08-12/22/09).
Air District: San Joaquin Valley Unified APCD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Written documentation from the school district indicates that the nine day lapse was due to repairs. A supplied invoice shows the bus entered the facility for repair just prior to the regularly scheduled inspection, but was not repaired until approximately three weeks later. The lapse was a result of circumstances beyond the school district’s control.
CARB Action: Approved for funding with LESB state funds.
Determination Date: September 7, 2010

Reference: #2010-32
Request: Allow the funding of a leased infrastructure project, such as propane tanks at a stationary refueling station, for alternative-fueled school buses purchased with AB 923 funding through the Lower-Emission School Bus Program (LESBP).
Air District: Bay Area Air Quality Management District
Guidelines Sections(s): Chapter III, Section C (1)
Determination: The 2008 Guidelines allow ten percent of alternative-fueled replacement bus funding to be used for the refueling infrastructure when no local refueling site is available or the existing local refueling site is inadequate. This equates to about $14,000 per bus based on a $140,000 alternative-fuel replacement bus. These funds cannot be automatically set aside and may be used only if they are tied to funds spent for a specific bus purchased through the LESBP. Infrastructure costs may include, but are not limited to, labor, the concrete pad, the electrical infrastructure, and fuel tanks. Funding of leased projects is not discussed in the Guidelines.
CARB Action: Approved. Ten percent of the replacement bus cost can be used for leased infrastructure to support alternative-fueled buses purchased with AB 923 funds provided that the lease term is, at a minimum, the same as the contract term for the replacement bus supported by the infrastructure.
Determination Date: August 23, 2010

Reference: #2010-27
Request: Allow LESB funding of Burton School District Bus #3 (vin 39202) granting exemption for thirty-five day lapse in CHP form 292 certification (12/18/09-1/21/10).
Air District: San Joaquin Valley Unified AQMD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Written documentation from the school district indicates that the thirty-five day lapse was due to parts availability during repair of the bus. A supplied invoice shows the bus entered the facility for repair approximately two weeks prior to the regularly scheduled inspection, but was not repaired until approximately six weeks later. Additional documentation shows the school district has clearly attempted to maintain continuous CHP 292 certification, odometer readings suggest regular use, and the lapse was apparently a result of circumstances beyond their control.
CARB Action: Approved for funding with LESB state funds
Determination Date: July 30, 2010

Reference: #2010-23
Request: Allow LESBP State bond funding of Rim of the World Unified School District Bus #29 (VIN 37703) by granting an exemption for a 44 month lapse (between 8/5/06 and 4/15/10) in CHP 292 safety certification for minor repair issues.
Air District: South Coast Air Quality Management District
Guidelines Sections(s): Chapter III, Section A (2)
Determination: Rim of the World bus #29 is a 1976 Crown School Bus with a passenger capacity of 79 that is driven by the school district approximately 10,000 miles a year, and its current odometer reading is 350,298 miles. SB 88, which provides legislative direction for the expenditure of LESBP funds, requires that all pre-1977 MY buses be replaced first. In addition, Appendix F (List of Pre-1977 Model Year Public School Buses Still in Operation in California) of the 2010 LESBP Guidelines, listed this bus as an existing pre-1977 bus. However, it has since been determined that the bus was not operational when the Guidelines were approved.

The 2008 Guidelines require current California Highway Patrol (CHP) safety certification (CHP form 292 –Inspection Approval Certificate) as of December 31, 2005, and continuous safety certification from that point forward to receive funding. The Rim of the World bus #29 did not have the required CHP 292 certification from August 5, 2006 through April 15, 2010. In addition, the bus was not operational during this period. State funds are limited, and the CHP certification requirement was established to ensure unused buses are not revived in order to get funding.
CARB Action: Not approved for funding with LESBP state Prop 1B funds. The district may consider funding this bus with AB 923 funds, according to the guidance provided in Mail-Out MSC# 10-19.
Determination Date: July 21, 2010

Reference: #2010-18
Request: Allow LESB funding of Porterville Unified Bus #34 (vin 38621) granting exemption for 10 day lapse in CHP 292 certification (12/28/07-1/08/08).
Air District: San Joaquin Valley Unified APCD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Explanation from school district indicates that the 10 day lapse was due to problematic scheduling for the CHP inspector. Regular use is suggested by the odometer readings at inspections. Evidence suggests the school district has attempted to maintain continuous CHP 292 certification, and the lapse was apparently a result of circumstances beyond their control.
CARB Action: Approved for funding with LESB state funds.
Determination Date: June 3, 2010

Reference: #2010-15
Request: Allow LESB funding of Eastern Sierra Unified Bus #15 (vin 38234) granting exemption for 60 day lapse in CHP 292 certification (7/23/06-9/21/06).
Air District: San Joaquin Valley Unified APCD (for Great Basin APCD)
Guidelines Section(s): Chapter III, Section A (2)
Determination: Letter from school district indicates that the 60 day lapse was due to significant repairs requiring difficult to locate components exacerbated by problematic scheduling due to long travel distance for the CHP inspector. The lapse was four years ago and substantial regular use is suggested by the odometer readings at inspections since the incident. Evidence suggests the school district has attempted to maintain continuous CHP 292 certification, and the lapse was apparently a result of circumstances beyond their control.
CARB Action: Approved for funding with LESB state funds.
Determination Date: May 28, 2010

Reference: #2010-12
Request: Allow LESB funding of Madera Unified Bus #39 (vin 38296) granting exemption for five day lapse in CHP292 certification (2/14/10-2/19/10).
Air District: San Joaquin Valley Unified APCD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Letter from school district indicates that the 5 day lapse was due to scheduling problems with the CHP. The school district has clearly attempted to maintain continuous CHP 292 certification, odometer readings suggest regular use, and the lapse was apparently a result of circumstances beyond their control.
CARB Action: Approved for funding with LESB state funds.
Determination Date: May 19, 2010

Reference: #2010-11
Request: Allow LESB funding of fog and strobe lights on buses in the San Joaquin Valley
Air District: San Joaquin Valley Unified APCD
Guidelines Section(s): Chapter III, Section D, and Mailout #MSC 09-18
Determination: In the San Joaquin Valley, severe fog is a common occurrence in the winter months. Many of the school districts located in the Valley will equip their buses with strobe and fog lights to increase the safety of traveling in this type of weather. These items are considered optional add-ons and according to the advisory, these school districts must request a case by case to CARB to have these items deemed eligible for funding with LESBP funds. Since the fog lights are required for safety, this optional equipment may be funded.
CARB Action: Approved for funding with LESB funds, as long as total state funds do not exceed $140,000.
Determination Date: May 11, 2010

Reference: #2010-10
Request: Allow LESB funding of Clovis Unified Bus #86 (vin 38715) granting exemption for four day lapse in CHP292 certification (6/23/07-6/27/07).
Air District: San Joaquin Valley Unified APCD
Guidelines Section(s): Chapter III, Section A (2)
Determination: Letter supplied by school district from CHP indicating that the 4 day lapse was due to scheduling problems with the CHP. The school district has clearly attempted to maintain continuous CHP 292 certification and the lapse was a result of circumstances beyond their control.
CARB Action: Approved for funding with LESB state funds.
Determination Date: April 15, 2010

Reference: #2010-09
Request: Allow LESB funding of Central Unified Bus #2 (vin 38700) granting exemption for two lapses in CHP292 certification. First lapse is 18 days in duration for unknown reason 12/24/05-1/11/06. Second lapse is 62 days in duration for mechanical failure 1/15/09-3/18/10.
Air District: San Joaquin Valley Unified APCD
Guidelines Section(s): Chapter III, Section A (2)
Determination: The first lapse is of minor concern. Although CHP and school district records do not exist to substantiate a reason for the first 18 day lapse in late 2005, it is clear from odometer readings on the inspection records that the bus was actively being used approximately 15,000 miles per year between late 2003 and late 2008. Therefore, this lapse clearly does not violate the intent of the requirement for continuous CHP 292 certification to prevent the revival of unused buses in order to get funding.
However, the lapse in late 2009 is more serious. From the 12/15/08 inspection to the 3/18/10 re-certification there is a difference of only 49 miles in the odometer readings. It appears that the school district stopped using the bus very shortly after the 12/15/08 inspection. The documents supplied for review do not include an unsuccessful inspection as would normally be required at the end of 2009, and this is also evidence that the school district had stopped using the bus, but has now recently chosen to place the bus back in service after mechanical repairs in March of 2010. Based on the documentation supplied by the district, this bus is not eligible for case by case exemption from the requirement of continuous CHP 292 certification.
CARB Action: Not approved for funding with LESB state funds. Note: The district may consider funding this bus with 923 funds, according to the guidance provided in mail out 10-19.
Determination Date: April 29, 2010