Appendix C_CSB Program PLAW-117publ58_IIJA BIL_excerpt_Clean School Bus

PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 429

Public Law 117–58
117th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs, and transit
programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Infrastructure
Investment and Jobs Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:

Nov. 15, 2021
[H.R. 3684]
Infrastructure
Investment and
Jobs Act.
23 USC 101 note.

Sec. 1. Short title; table of contents.
Sec. 2. References.
DIVISION A—SURFACE TRANSPORTATION
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.
TITLE I—FEDERAL-AID HIGHWAYS

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Subtitle A—Authorizations and Programs
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11101.
11102.
11103.
11104.
11105.
11106.
11107.
11108.
11109.
11110.
11111.
11112.
11113.
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Authorization of appropriations.
Obligation ceiling.
Definitions.
Apportionment.
National highway performance program.
Emergency relief.
Federal share payable.
Railway-highway grade crossings.
Surface transportation block grant program.
Nationally significant freight and highway projects.
Highway safety improvement program.
Federal lands transportation program.
Federal lands access program.
National highway freight program.
Congestion mitigation and air quality improvement program.
Alaska Highway.
Toll roads, bridges, tunnels, and ferries.
Bridge investment program.
Safe routes to school.
Highway use tax evasion projects.
Construction of ferry boats and ferry terminal facilities.
Vulnerable road user research.
Wildlife crossing safety.
Consolidation of programs.
GAO report.
Territorial and Puerto Rico highway program.
Nationally significant Federal lands and Tribal projects program.
Tribal high priority projects program.
Standards.
Public transportation.

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 1321

TITLE XI—CLEAN SCHOOL BUSES AND
FERRIES
SEC. 71101. CLEAN SCHOOL BUS PROGRAM.

Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091)
is amended to read as follows:

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‘‘SEC. 741. CLEAN SCHOOL BUS PROGRAM.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the
Administrator of the Environmental Protection Agency.
‘‘(2) ALTERNATIVE FUEL.—The term ‘alternative fuel’ means
liquefied natural gas, compressed natural gas, hydrogen, propane, or biofuels.
‘‘(3) CLEAN SCHOOL BUS.—The term ‘clean school bus’ means
a school bus that—
‘‘(A) the Administrator certifies reduces emissions and
is operated entirely or in part using an alternative fuel;
or
‘‘(B) is a zero-emission school bus.
‘‘(4) ELIGIBLE CONTRACTOR.—The term ‘eligible contractor’
means a contractor that is a for-profit, not-for-profit, or nonprofit entity that has the capacity—
‘‘(A) to sell clean school buses, zero-emission school
buses, charging or fueling infrastructure, or other equipment needed to charge, fuel, or maintain clean school buses
or zero-emission school buses, to individuals or entities
that own a school bus or a fleet of school buses; or
‘‘(B) to arrange financing for such a sale.
‘‘(5) ELIGIBLE RECIPIENT.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
term ‘eligible recipient’ means—
‘‘(i) 1 or more local or State governmental entities
responsible for—
‘‘(I) providing school bus service to 1 or more
public school systems; or
‘‘(II) the purchase of school buses;
‘‘(ii) an eligible contractor;
‘‘(iii) a nonprofit school transportation association;
or
‘‘(iv) an Indian Tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), Tribal organization (as
defined in that section), or tribally controlled school
(as defined in section 5212 of the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2511)) that is responsible for—
‘‘(I) providing school bus service to 1 or more
Bureau-funded schools (as defined in section 1141
of the Education Amendments of 1978 (25 U.S.C.
2021)); or
‘‘(II) the purchase of school buses.
‘‘(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 shall establish

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135 STAT. 1322

Determinations.

Grants.
Contracts.

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Criteria.

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PUBLIC LAW 117–58—NOV. 15, 2021

timely and appropriate requirements for approval by the
public school systems that would be served by buses purchased using award funds made available under this section.
‘‘(6) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term
‘high-need local educational agency’ means a local educational
agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) that is among
the local educational agencies in the applicable State with
high percentages of children counted under section 1124(c) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333(c)), on the basis of the most recent satisfactory data available, as determined by the Secretary of Education (or, for
a local educational agency for which no such data is available,
such other data as the Secretary of Education determines to
be satisfactory).
‘‘(7) SCHOOL BUS.—The term ‘school bus’ has the meaning
given the term ‘schoolbus’ in section 30125(a) of title 49, United
States Code.
‘‘(8) ZERO-EMISSION SCHOOL BUS.—The term ‘zero-emission
school bus’ means a school bus that is certified by the Administrator to have a drivetrain that produces, under any possible
operational mode or condition, zero exhaust emission of—
‘‘(A) any air pollutant that is listed pursuant to section
108(a) of the Clean Air Act (42 U.S.C. 7408(a)) (or any
precursor to such an air pollutant); and
‘‘(B) any greenhouse gas.
‘‘(b) PROGRAM FOR REPLACEMENT OF EXISTING SCHOOL BUSES
WITH CLEAN SCHOOL BUSES AND ZERO-EMISSION SCHOOL BUSES.—
‘‘(1) ESTABLISHMENT.—The Administrator shall establish
a program—
‘‘(A) to award grants and rebates on a competitive
basis to eligible recipients for the replacement of existing
school buses with clean school buses;
‘‘(B) to award grants and rebates on a competitive
basis to eligible recipients for the replacement of existing
school buses with zero-emission school buses;
‘‘(C) to award contracts to eligible contractors to provide
rebates for the replacement of existing school buses with
clean school buses; and
‘‘(D) to award contracts to eligible contractors to provide rebates for the replacement of existing school buses
with zero-emission school buses.
‘‘(2) ALLOCATION OF FUNDS.—Of the amounts made available for awards under paragraph (1) in a fiscal year, the
Administrator shall award—
‘‘(A) 50 percent to replace existing school buses with
zero-emission school buses; and
‘‘(B) 50 percent to replace existing school buses with
clean school buses and zero-emission school buses.
‘‘(3) CONSIDERATIONS.—In making awards under paragraph
(2)(B), the Administrator shall take into account the following
criteria and shall not give preference to any individual criterion:
‘‘(A) Lowest overall cost of bus replacement.
‘‘(B) Local conditions, including the length of bus routes
and weather conditions.
‘‘(C) Technologies that most reduce emissions.

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PUBLIC LAW 117–58—NOV. 15, 2021

135 STAT. 1323

‘‘(D) Whether funds will bring new technologies to scale
or promote cost parity between old technology and new
technology.
‘‘(4) PRIORITY OF APPLICATIONS.—In making awards under
paragraph (1), the Administrator may prioritize applicants
that—
‘‘(A) propose to replace school buses that serve—
‘‘(i) a high-need local educational agency;
‘‘(ii) a Bureau-funded school (as defined in section
1141 of the Education Amendments of 1978 (25 U.S.C.
2021)); or
‘‘(iii) a local educational agency that receives a
basic support payment under section 7003(b)(1) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(b)(1)) for children who reside on Indian
land;
‘‘(B) serve rural or low-income areas; or
‘‘(C) propose to complement the assistance received
through the award by securing additional sources of
funding for the activities supported through the award,
such as through—
‘‘(i) public-private partnerships;
‘‘(ii) grants from other entities; or
‘‘(iii) issuance of school bonds.
‘‘(5) USE OF SCHOOL BUS FLEET.—All clean school buses
and zero-emission school buses acquired with funds provided
under this section shall—
‘‘(A) be operated as part of the school bus fleet for
which the award was made for not less than 5 years;
‘‘(B) be maintained, operated, and charged or fueled
according to manufacturer recommendations or State
requirements; and
‘‘(C) not be manufactured or retrofitted with, or otherwise have installed, a power unit or other technology that
creates air pollution within the school bus, such as an
unvented diesel passenger heater.
‘‘(6) AWARDS.—
‘‘(A) IN GENERAL.—In making awards under paragraph
(1), the Administrator may make awards for up to 100
percent of the costs for replacement of existing school buses
with clean school buses, zero-emission school buses, and
charging or fueling infrastructure.
‘‘(B) STRUCTURING AWARDS.—In making an award
under paragraph (1)(A), the Administrator shall decide
whether to award a grant or rebate, or a combination
thereof, based primarily on how best to facilitate replacing
existing school buses with clean school buses or zero-emission school buses, as applicable.
‘‘(7) DEPLOYMENT AND DISTRIBUTION.—
‘‘(A) IN GENERAL.—The Administrator shall—
‘‘(i) to the maximum extent practicable, achieve
nationwide deployment of clean school buses and zeroemission school buses through the program under this
section; and
‘‘(ii) ensure a broad geographic distribution of
awards.

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135 STAT. 1324

Deadline.

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Determination.

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‘‘(B) LIMITATION.—The Administrator shall ensure that
the amount received by all eligible entities in a State
from grants and rebates under this section does not exceed
10 percent of the amounts made available to carry out
this section during a fiscal year.
‘‘(8) ANNUAL REPORT.—Not later than January 31 of each
year, the Administrator shall submit to Congress a report that
evaluates the implementation of this section and describes—
‘‘(A) the total number of applications received;
‘‘(B) the quantity and amount of grants and rebates
awarded and the location of the recipients of the grants
and rebates;
‘‘(C) the criteria used to select the recipients; and
‘‘(D) any other information the Administrator considers
appropriate.
‘‘(c) EDUCATION AND OUTREACH.—
‘‘(1) IN GENERAL.—Not later than 120 days after the date
of enactment of the Infrastructure Investment and Jobs Act,
the Administrator shall develop an education and outreach
program to promote and explain the award program under
this section.
‘‘(2) COORDINATION WITH STAKEHOLDERS.—The education
and outreach program under paragraph (1) shall be designed
and conducted in conjunction with interested stakeholders.
‘‘(3) COMPONENTS.—The education and outreach program
under paragraph (1) shall—
‘‘(A) inform potential award recipients on the process
of applying for awards and fulfilling the requirements of
awards;
‘‘(B) describe the available technologies and the benefits of using the technologies;
‘‘(C) explain the benefits and costs incurred by participating in the award program;
‘‘(D) make available information regarding best practices, lessons learned, and technical and other information
regarding—
‘‘(i) clean school bus and zero-emission school bus
acquisition and deployment;
‘‘(ii) the build-out of associated infrastructure and
advance planning with the local electricity supplier;
‘‘(iii) workforce development, training, and Registered Apprenticeships that meet the requirements
under parts 29 and 30 of title 29, Code of Federal
Regulations (as in effect on December 1, 2019); and
‘‘(iv) any other information that is necessary, as
determined by the Administrator; and
‘‘(E) include, as appropriate, information from the
annual report required under subsection (b)(7).
‘‘(d) ADMINISTRATIVE COSTS.—The Administrator may use, for
the administrative costs of carrying out this section, not more
than 3 percent of the amounts made available to carry out this
section for any fiscal year.
‘‘(e) REGULATIONS.—The Administrator shall have the authority
to issue such regulations or other guidance, forms, instructions,
and publications as may be necessary or appropriate to carry out
the programs, projects, or activities authorized under this section,
including to ensure that such programs, projects, or activities are

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