BILL NUMBER: SB 698 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 4, 2005
AMENDED IN SENATE MARCH 29, 2005
INTRODUCED BY Senator Poochigian
FEBRUARY 22, 2005
An act to amend Sections 17910, 17910.1, 17910.2, 17911, 17911.2,
17911.3, 17912, and 17912.2 of, to amend the heading of Part 10.7
(commencing with Section 17910) of, to repeal Sections
17911.4, 17911.5, 17911.6, and 17911.7 of, and
to repeal the heading of Chapter 3 (commencing with Section
17912) of Part 10.7 of, and to repeal and add Section 17911.4
to, the Education Code, relating to schoolbuses , and
making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 698, as amended, Poochigian. Schoolbus replacement.
Existing law, the Katz Safe Schoolbus Clean Fuel Efficiency
Demonstration Program, establishes the Katz Schoolbus Fund in the
State Treasury. Existing law requires the State Energy Resources
Conservation and Development Commission to design and administer a
clean fuel efficiency demonstration program and to determine which
local educational agencies are to receive replacement schoolbuses for
participation in the program.
This bill would change the name of that program to the Clean Air
and Schoolbus Safety Program. This bill would delete the existing
provisions relating to the demonstration program and schoolbus
replacement. This bill would require the State Department of
General Services to solicit competitive bids for the purchase of
replacement schoolbuses for school districts. This bill would
change the name of the Katz Schoolbus Fund to the Clean Air and
Schoolbus Safety Fund. This bill would require the commission to
administer the fund according to a specified order of priority. This
bill would require make an appropriation by
requiring the Controller, for each fiscal year commencing with
the 2006-07 fiscal year and ending with the 2010-11 fiscal year, and
to the extent that funds are available, to transfer $50,000,000 from
the Proposition 98 Reversion Account to the Clean Air and Schoolbus
Safety Fund.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Part 10.7 (commencing with Section
17910) of the Education Code is amended to read:
PART 10.7. THE CLEAN AIR AND SCHOOLBUS SAFETY PROGRAM
SEC. 2. Section 17910 of the Education Code is amended to read:
17910.
This part shall be known and may be cited as the Clean Air and
Schoolbus Safety Program.
SEC. 3. Section 17910.1 of the Education Code is amended to read:
17910.1.
As used in this part, the following terms have the following
meanings:
(a) "Commission" means the State Energy Resources Conservation and
Development Commission.
(b) "Fund" means the Clean Air and Schoolbus Safety Fund created
pursuant to Section 17911.
(c) "Program" means the Clean Air and Schoolbus Safety Program.
(d) "Schoolbus" means a schoolbus, as defined in Section 545 of
the Vehicle Code, which is Type 1 or Type 2, and publicly
owned.
(e) "Local educational agency" means any of the following:
(1) A school district.
(2) A county office of education.
(3) A regional occupational program or center.
(4) A joint powers agency that operates publicly owned
schoolbuses.
SEC. 4. Section 17910.2 of the Education Code is amended to read:
17910.2.
(a) The Legislature finds and declares all of the following:
(1) The Katz Safe Schoolbus Clean Fuel Efficiency Demonstration
Program has been a successful program whose established
administrative infrastructure within the California Energy Commission
can be used to efficiently administer future schoolbus replacement
programs.
(2) California's public schools operate over 15,000 schoolbuses,
including over 6,000 schoolbuses manufactured before 1987, at least
1,000 of which were manufactured before 1977.
(3) All schoolbuses manufactured before 1977 are a source of
exposure to toxic diesel particulates and do not meet state air
quality emission standards or federal or state safety standards.
(4) Ensuring the safety of schoolbus transportation is a matter of
the highest importance.
(b) It is the intent of the Legislature to create a program for
the purchase of new schoolbuses that meet federal and state safety
standards and produce fewer adverse air emissions than the
schoolbuses being replaced.
(c) It is the intent of the Legislature that alternative fuel
busses be used by school districts to the maximum extent possible.
(c)
(d) It is further the intent of the
Legislature that the funds to purchase replacement schoolbuses under
this program be distributed first to local educational agencies
operating schoolbuses manufactured before 1977. After all
schoolbuses manufactured before 1977 that are currently in operation
have been removed from service by local educational agencies, any
remaining funds may be used by local educational agencies to replace
schoolbuses manufactured after 1977.
SEC. 5. Section 17911 of the Education Code is amended to read:
17911.
(a) (1) There is hereby created in the State Treasury the Clean
Air and Schoolbus Safety Fund.
(2) For each fiscal year commencing with the 2006-07 fiscal year
and ending with the 2010-11 fiscal year, the Controller shall, to the
extent funds are available, annually transfer fifty million dollars
($50,000,000) from the Proposition 98 Reversion Account to the Clean
Air and Schoolbus Safety Fund. Moneys transferred pursuant to this
paragraph shall be used for the purpose of replacing schoolbuses
pursuant to this part.
(b) The commission shall administer the fund according to the
following order of priority:
(1) The commission shall first select schoolbuses for replacement
that were manufactured before 1977.
(2) After all schoolbuses manufactured before 1977 that are
currently in operation have been removed from service by local
educational agencies, the commission shall select schoolbuses for
replacement based upon the following criteria:
(A) Earliest manufacture date.
(B) Average daily mileage.
SEC. 6. Section 17911.2 of the Education Code is amended to read:
17911.2.
A local educational agency shall use funds distributed under this
part to purchase schoolbuses that comply with federal and state
safety standards and emission standards adopted by the State Air
Resources Board.
SEC. 7. Section 17911.3 of the Education Code is amended to read:
17911.3.
A schoolbus replaced pursuant to this part shall not be used as a
schoolbus, youth bus, school pupil activity bus, general public
paratransit vehicle, or farm labor vehicle.
SEC. 8. Section 17911.4 of the Education Code is repealed.
SEC. 9. Section 17911.4 is added to the
Education Code , to read:
17911.4.
The State Department of General Services shall solicit competitive
bids for the purchase of replacement schoolbuses for school
districts.
SEC. 9.
SEC. 10. Section 17911.5 of the Education Code is repealed.
SEC. 10.
SEC. 11. Section 17911.6 of the Education Code is repealed.
SEC. 11.
SEC. 12. Section 17911.7 of the Education Code is repealed.
SEC. 12.
SEC. 13. The heading of Chapter 3 (commencing with Section
17912) of Part 10.7 of the Education Code is repealed.
SEC. 13.
SEC. 14. Section 17912 of the Education Code is amended to
read:
17912.
The program established by this chapter shall be designed and
administered by the commission, with the advice and consultation of
the State Air Resources Board.
SEC. 14.
SEC. 15. Section 17912.2 of the Education Code is amended to
read:
17912.2.
The commission shall not use more than 5 percent of any state
funds allocated to this program for administrative costs.