School Bus Retrofit and Replacement Account

This page last reviewed January 03, 2014

2012 Case-by-Case Determinations


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

School District/JPA VIN
Alta Loma School District 1BAANBMA2XF082027
Alta Loma School District 1BAANBMA4XF082028
Rialto Unified School District 1T75U4F28X1167756
Walnut Valley Unified School District 1BAANBMA3XF080982
Walnut Valley Unified School District 1BAANBMA5XF080983
Walnut Valley Unified School District 1BAANBMA7XF080984
Walnut Valley Unified School District 1BAANBMA9XF080985
Walnut Valley Unified School District 1BAANBMA6XF080989
Walnut Valley Unified School District 1BAANBMA4XF080988

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

ARB Action: Approved for funding with AB 923 funds.
Determination Date: December 21, 2012
Contact: Kimya Lambert (916) 323-2507

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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
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

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