§ 31-47.3-3. Reducing emissions from school buses.
(a) Purpose. To reduce health risks from diesel particulate matter (DPM) to Rhode Island school
children by significantly reducing tailpipe emissions from school buses, and preventing
engine emissions from entering the passenger cabin of the buses.
(b) Requirements for Rhode Island school buses:
(1) By September 1, 2010, no full-size school bus with an engine model year 1993 or older
may be used to transport school children in Rhode Island; and,
(2) By September 1, 2010 any new bus added to current bus fleets or after September 1,
2010 whenever a new contract is entered into by a city, town, school district or the
state all busses included in that contract shall be equipped with a closed crankcase
ventilation system and either: (i) Shall be equipped with a Level 1, Level 2, or Level
3 device verified by the US Environmental Protection Agency or the California Air
Resources Board; or (ii) Shall be equipped with an engine of model year 2007 or newer;
or (iii) Shall achieve the same or higher diesel PM reductions through the use of
alternative fuel such as compressed natural gas verified by CARB/EPA to reduce DPM
emissions at a level equivalent to or higher than subparagraph (b)(2)(ii) above; and,
(3) Providing there is sufficient federal or state monies, by September 1, 2012, all full-sized
school buses transporting children in Rhode Island must be retrofitted with a closed
crankcase ventilation system and either: (i) be equipped with a level 1, level 2,
or level 3 device verified by the US Environmental Protection Agency or the California
Air Resources Board; or (ii) be equipped with an engine of model year 2007 or newer;
or (iii) achieve the same or higher diesel PM reductions through the use of an alternative
fuel such as compressed natural gas verified by CARB/EPA to reduce DPM emissions at
a level equivalent to or higher than subparagraph (b)(3)(ii) above.
(c) Financial assistance to defray costs of pollution reductions called for in (b)(2):
(1) The director shall work with the Rhode Island department of transportation or other
authorized agencies to maximize the allocation of federal grants and loan monies provided
for Rhode Island pursuant to the congestion mitigation and air quality improvement
program (CMAQ) for diesel emissions reductions in federal FY 2008 and thereafter until
the retrofit goals in this act are met.
(2) Drawing upon any available federal or state monies, the director shall establish and
implement a system of providing reimbursements consistent with this section to municipalities,
vendors, or school bus owners for the purchase and installation of any CARB/EPA-verified
emission control retrofit device together with the purchase and installation of closed
crankcase ventilation system (CCV) retrofit device. To the extent practicable, in
kind services will also be utilized to offset some of the costs. Incentive recipients
must also certify that newly purchased or retrofitted buses with a level 3 technology
will operate in the state of Rhode Island for a minimum of four (4) years unless the
bus fleet owner's contract with the school district or state has expired.
(d) Priority community provision:
(1) When federal funds or funds from state or other sources become available, for use
under subsection (c), these shall be allocated by the director, to the extent practicable,
as follows: (i) First, for control of emissions from school buses operating primarily
in urban core or urban ring cities. Buses operating primarily in urban core or urban
ring cities must be retrofitted to the best available standard as defined in paragraph
(d)(3); (ii) Next, for control of emissions from buses not operating primarily in
urban core or urban ring cities. (iii) Lastly, for buses operating primarily in urban
core or urban ring cities already retrofitted with a level 1, level 2, or level 3
and/or crankcase ventilator device but that do not meet the best available standard
as defined in paragraph (d)(3). Buses already meeting the best available standard
as defined in paragraph (d)(3) will not be considered for this retrofitting program
and municipalities, vendors, or school bus owners owning equipment retrofitted either
prior to the implementation of this retrofit program or through another retrofit program
with a level 1, level 2, level 3 and/or crankcase ventilator device will not be reimbursed
as outlined in paragraph (c)(2).
(2) Fleet owners currently holding contracts with Rhode Island school districts, and Rhode
Island school districts owning their own fleets must comply with the retrofitted prioritization
scheme as determined by the director and work with DEM to ensure that (i) By September
1, 2012 all buses are retrofit as outlined in paragraph (b)(3); and (ii) By September
1, 2010 no new bus may be added to their current fleets unless they meet standards
outlined in paragraph (b)(2).
(3) The "best available� standard is attained by all new buses (engine MY2007 and newer);
by diesel buses engine model year 2003 to 2006, inclusive, that have been retrofitted
with level 3-verified diesel particulate filters and closed crankcase ventilation
systems; provided, however, that if DEM finds that the cost of a level 3 verified
diesel particulate filter is not reasonable or otherwise not appropriate for use on
a particular engine, the standard shall be at least a level 1 verified diesel emission
control device and closed crankcase ventilation system; by diesel buses engine model
year 1994 to 2002, inclusive, that has been retrofitted with at least level 1 verified
diesel emission control devices and closed crankcase ventilation systems; and by natural
gas buses that achieve the same or better emissions standards as a 2007 engine model
year diesel bus.
(4) "Urban core cities� means Central Falls, Newport, Providence, Pawtucket, and Woonsocket
(5) "Urban ring cities� means North Providence, East Providence, West Warwick, Cranston,
and Warwick.
(e) To achieve the pressing public health and environmental goals of this act, DEM shall
identify opportunities to achieve maximize PM reductions from diesel powered heavy
duty vehicle or equipment that is owned by, operated by, or on behalf of, or leased
by, or operating under a contract to a state agency or state or regional public authority
(except vehicles that are specifically equipped for emergency response) and diesel
powered waste collection and recycling vehicles that are owned, leased, or contracted
to perform the removal or transfer or municipal, commercial or residential waste,
or recycling services. No later than January 1, 2008, DEM shall present a report to
the general assembly, governor, house committee on environment and natural resources,
and the senate committee on environment and agriculture on such opportunities to maximum
PM reductions from the aforementioned fleets including legislative changes, regulatory
changes, funding sources, contract requirements, procurement requirements, and other
mechanisms that will bring about maximum PM reductions from these two priority fleets.
This report shall explore funding sources beyond CMAQ, including but not limited to
Diesel Reductions Emissions Reduction Act (DERA) funds under the Federal Energy Act.
(f) Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged
by any court of competent jurisdiction to be invalid and after exhaustion of all further
judicial review, the judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence, paragraph,
section or part of this act directly involved in the controversy in which the judgment
shall have been rendered.