PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1885
(B) methanol or ethanol at no less than 85 percent by volume; or (C) biodiesel conforming with standards published by the American Society for Testing and Materials as of the date of enactment of this Act. (3) CLEAN SCHOOL BUS.—The term ‘‘clean school bus’’ means a school bus with a gross vehicle weight of greater than 14,000 pounds that— (A) is powered by a heavy duty engine; and (B) is operated solely on an alternative fuel or ultralow sulfur diesel fuel. (4) ELIGIBLE RECIPIENT.— (A) IN GENERAL.—Subject to subparagraph (B), the term ‘‘eligible recipient’’ means— (i) one or more local or State governmental entities responsible for providing school bus service to one or more public school systems or the purchase of school buses; (ii) one or more contracting entities that provide school bus service to one or more public school systems; or (iii) a nonprofit school transportation association. (B) SPECIAL REQUIREMENTS.—In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and may establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased or retrofit using grant funds made available under this section. (5) RETROFIT TECHNOLOGY.—The term ‘‘retrofit technology’’ means a particulate filter or other emissions control equipment that is verified or certified by the Administrator or the California Air Resources Board as an effective emission reduction technology when installed on an existing school bus. (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy. (7) ULTRA-LOW SULFUR DIESEL FUEL.—The term ‘‘ultra-low sulfur diesel fuel’’ means diesel fuel that contains sulfur at not more than 15 parts per million. (b) PROGRAM FOR RETROFIT OR REPLACEMENT OF CERTAIN EXISTING SCHOOL BUSES WITH CLEAN SCHOOL BUSES.— (1) ESTABLISHMENT.— (A) IN GENERAL.—The Administrator, in consultation with the Secretary and other appropriate Federal departments and agencies, shall establish a program for awarding grants on a competitive basis to eligible recipients for the replacement of, retrofit (including repowering, aftertreatment, and remanufactured engines) of, or purchase of alternative fuels for, certain existing school buses. The awarding of grants for the purchase of alternative fuels should be consistent with the historic funding levels of the program for such purchase. (B) BALANCING.—In awarding grants under this section, the Administrator shall achieve, to the maximum extent practicable, achieve an appropriate balance between awarding grants—
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