School Bus Retrofit and Replacement Account

This page last reviewed January 03, 2014

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.

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

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

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

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.
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
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
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
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
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

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
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

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.
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
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
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
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


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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