School Bus Retrofit and Replacement Account

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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:

School District/JPA	VIN
West County Transportation Agency	1BAANBMA7XF083383
West County Transportation Agency	1BAANBMA6XF082029
San Ramon Valley Unified School District	1BAANBMA2XF079743
San Ramon Valley Unified School District	1BAANBMA4XF079744
San Ramon Valley Unified School District	1BAANBMA6XF079745
San Ramon Valley Unified School District	1BAANBMA8XF079746

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.

ARB Action:  Approved for funding with AB 923 funds.
Determination Date:  December 20, 2012
Contact:  Kimya Lambert (916) 323-2507

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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.

ARB Action: Approved for funding with AB 923 funds.
Determination Date: October 17, 2012
Contact: Lisa Jennings (916) 322-6913

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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:



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



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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: April 17, 2012
Contact: Lisa Jennings (916) 322-6913

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: April 11, 2012
Contact: Lisa Jennings (916) 322-6913

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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. 

ARB Action: Not approved.
Determination Date: March 29, 2012
Contact: Kimya Lambert (916) 323-2507

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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.

ARB Action: Approved for funding.
Determination Date: March 27, 2012
Contact: Lisa Jennings (916) 322-6913

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: February 1, 2012
Contact: Lisa Jennings (916) 322-6913

Shrink

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: November 23, 2011
Contact: Janet Page (916) 324-1988

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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.
   
   

ARB Action: Approved for funding with the aforementioned requirements.
Determination Date: October 31, 2011
Contact: Kimya Lambert (916) 323-2507

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Reference #2011-56
Request: 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.

ARB Action: Approved for funding with LESBP state funds.
Determination Date: October 20, 2011
Contact: Kimya Lambert (916) 323-2507

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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.

ARB Action: Approved for funding with LESBP state funds.
Determination Date: October 18, 2011
Contact: Kimya Lambert (916) 323-2507

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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.
   
   

ARB Action: Approved for funding with above requirements.
Determination Date: September 19, 2011
Contact: Janet Page (916) 324-1988

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: September 1, 2011
Contact: Janet Page (916) 324-1988

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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-1976 engines, and, are therefore, eligible for replacement.

ARB Action: Approved for funding.
Determination Date: September 1, 2011
Contact: Janet Page (916) 324-1988

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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.

ARB Action: Approved for funding with LESBP state funds.
Determination Date: August 4, 2011
Contact: Janet Page (916) 324-1988

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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.

ARB Action: Approved.
Determination Date: July 7, 2011
Contact: Kimya Lambert (916) 323-2507

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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.

ARB Action: Approved for funding with LESBP state funds.
Determination Date: July 6, 2011
Contact: Kimya Lambert (916) 323-2507

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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.”

ARB Action:  Not authorized for payment until dismantling occurs.
Determination Date:  July 5, 2011
Contact: Janet Page (916) 324-1988

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: June 29, 2011
Contact: Lisa Jennings (916) 322-6913

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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 ARB understands the circumstances surrounding this project, the ARB considers this to be a very unusual request and will not approve similar case-by-case requests in the future.

ARB Action:  Approved for funding with LESBP funds.
Determination Date:  June 9, 2011
Contact: Kimya Lambert (916) 323-2507

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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.

ARB Action:  Approved for funding with LESBP funds.
Determination Date:  May 24, 2011
Contact: Kimya Lambert (916) 323-2507

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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 ARB 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.

ARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011
Contact: John Ellis  (626) 350-6516

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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 ARB 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.

ARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011
Contact: John Ellis  (626) 350-6516

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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 ARB 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.

ARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011
Contact: John Ellis  (626) 350-6516

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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 ARB 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.

ARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011
Contact: John Ellis  (626) 350-6516

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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 ARB 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.

ARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011
Contact: John Ellis  (626) 350-6516

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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.

ARB Action: Case by case approval not required.  Acceptable to fund per Advisory #MSC 09-18.
Determination Date: May 6, 2011
Contact: John Ellis  (626) 350-6516

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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 ARB 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.

ARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011
Contact: John Ellis  (626) 350-6516

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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 ARB 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.

ARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011
Contact: John Ellis  (626) 350-6516

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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 ARB 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.

ARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011
Contact: John Ellis  (626) 350-6516

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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 ARB 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.

ARB Action: Not approved for funding with LESB state funds.
Determination Date: May 6, 2011
Contact: John Ellis  (626) 350-6516

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: April 29, 2011
Contact: John Ellis  (626) 350-6516

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: April 29, 2011
Contact: John Ellis  (626) 350-6516

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: April 29, 2011
Contact: John Ellis  (626) 350-6516

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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).

ARB Action: Approved for funding with LESB state funds.
Determination Date: April 29, 2011
Contact: John Ellis  (626) 350-6516

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: March 21, 2011
Contact: Katherine Garrison (916) 322-1322

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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.

ARB Action: Approved for funding.
Determination Date: March 28, 2011
Contact: Janet Page (916) 324-1988

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: March 11, 2011
Contact: John Ellis  (626) 350-6516

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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. 

ARB Action: Approved for funding with LESB state funds.
Determination Date: March 10, 2011
Contact: John Ellis  (626) 350-6516

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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.

ARB Action: Approved for funding with LESB State funds.
Determination Date: February 10, 2011
Contact: Robin Myers (916) 322-6973>

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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. 

ARB Action: Not approved for funding with LESB state funds.
Determination Date:  February 3, 2011
Contact: Lisa Jennings (916) 322-6913

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: December 23, 2010
Contact: John Ellis (626)350-6516

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: December 21, 2010
Contact: John Ellis  (626) 350-6516

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: November 23, 2010
Contact: John Ellis  (626) 350-6516

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: October 29, 2010
Contact: Robin Myers (916) 322-6973

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: October 19, 2010
Contact: Janet Page (916) 324-1988

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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 questions, 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

ARB Action: Not approved for funding with LESB state funds.
Determination Date: October 19, 2010
Contact: Janet Page (916) 324-1988

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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

ARB Action: Approved for funding with LESB state funds.
Determination Date: October 11, 2010
Contact: John Ellis (626) 350-6516.

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: October 6, 2010
Contact: John Ellis (626) 350-6516

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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. 

ARB Action: Approved for funding with LESB state funds.
Determination Date: October 18, 2010
Contact: John Ellis  (626) 350-6516

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: September 7, 2010
Contact: John Ellis  (626) 350-6516

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: September 7, 2010
Contact: John Ellis  (626) 350-6516

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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.

ARB 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
Contact: Janet Page (916) 324-1988

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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.

ARB Action: Approved for funding with LESB state funds
Determination Date: July 30, 2010
Contact: John Ellis (626) 350-6516

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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.

ARB 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
Contact: Janet Page (916) 324-1988

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: June 3, 2010
Contact: John Ellis (626) 350-6516.

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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.

ARB Action: Approved for funding with LESB state funds.
Determination Date: May 28, 2010
Contact: John Ellis  (626) 350-6516

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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.

ARB Action:  Approved for funding with LESB state funds.
Determination Date: May 19, 2010
Contact: John Ellis  (626) 350-6516

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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 ARB 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.

ARB Action: Approved for funding with LESB funds, as long as total state funds do not exceed $140,000.
Determination Date: May 11, 2010
Contact: John Ellis  (626) 350-6516

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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.

ARB Action:Approved for funding with LESB state funds.
Determination Date:  April 15, 2010
Contact: John Ellis  (626) 350-6516

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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.

ARB 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
Contact: John Ellis  (626) 350-6516

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