HB 1368 — Requiring and funding the purchase of zero emission school buses.

H-1243.2H-0499.1 SUBSTITUTE HOUSE BILL 1368 State of Washington 68th Legislature 2023 Regular Session By House Environment & Energy (originally sponsored by Representatives Senn, Fey, Berry, Doglio, Peterson, Chapman, Fosse, Slatter, Gregerson, Callan, Lekanoff, Ramel, Stonier, Street, Santos, Fitzgibbon, Berg, Reed, Simmons, Bergquist, Goodman, Pollet, Cortes, Macri, and Leavitt)Leavitt READRead FIRSTfirst TIMEtime 02/16/23.01/17/23.

Referred to Committee on Education.

amending RCW 28A.160.13028A.160.130, 28A.160.195, and 28A.160.195;28A.160.205;

adding a new section to chapter 70A.15 RCW;

1 SHBHB 1368 for children and are part of a broad-based policy approach to slowing the environmental consequences of climate change.

(1)(a)(1) Beginning September 1, 2030,2035, 70any percent of school buses purchased annually by each school district,districts, charter school,schools, or state-state-tribal tribal education compact school,schools, or used for pupil transportation services contracts under RCW 28A.160.140, must be zero emission school buses.

(b)(2) BeginningFor Septemberthe 1,purposes 2033,of allthis schoolsection, buses"zero purchasedemission" bymeans schoolthe districts,emission charterof schools,no orexhaust state-tribalgas educationfrom compacta schools,vehicle's oronboard usedsource forof pupilpower, transportationother servicesthan contractswater undervapor. RCW 28A.160.140, must be zero emission school buses.

(2)NEW IfSECTION. a school district, charter school, state-tribal education compact school, or contractor that provides pupil transportation services determines that the purchase or contracting of a zero emission school bus is not feasible due to route constraints, it may request a one-time extension for a term not to exceed five years provided that both of the following conditions are met:

(a) The extension requester can reasonably demonstrate that a planned bus route for transporting pupils to and from school cannot be serviced through available zero emission technology in 2030 for purposes of compliance with subsection (1)(a) of this section, or through available zero emission technology in 2033 for purposes of compliance with subsection (1)(b) of this section.

(b) The office of the superintendent of public instruction must receive and, jointly with the department of ecology, evaluate a pupil transportation services provider's request, and grant a one-time extension based on reasonably demonstrating the condition set forth in (a) of this subsection.

(3) For the purposes of this section, "zero emission" means a school bus that produces zero exhaust emission of any air pollutant and any greenhouse gas.

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2 SHB 1368 NEW SECTION.

A new section is added to chapter 70A.1528A.160 RCW to read as follows:

Grants to school districts, charter schools, and state- tribal education compact schools,schools and contractors that provide pupil transportation services under RCW 28A.160.140 for the replacement of school buses powered by fossil fuels with zero emission school buses must be funded in accordance with this section.

(a) SchoolOnly school districts, charter schools, and state-tribal education compact schools,schools and contractors that provide pupil transportation services under RCW 28A.160.140 are eligible for grantsa grant under this section.

(b) Zero emission school buses, purchase and installation of zero emission school bus refuelingcharging infrastructure,stations, and associated trainingelectric vehicle charging infrastructure and equipment are eligible grant uses under this section.

(c) SchoolExcept as provided for under (d) of this subsection, school buses powered by fossil fuels must be at the end of their reimbursement or depreciation schedule and deemed eligible for replacement pursuant to RCW 28A.160.200 to be eligible for replacement under this program.

(d) AFor grantthe recipientpurpose mustof scrapdetermining oreligibility renderfor permanentlycharter disabledschool thebus replacedand fossilstate-tribal fuelededucation compact school bus andreplacement engineunder withinthis 90section, daysthe office of placing the newsuperintendent busof intopublic operation.instruction p.

2 HB 1368 must establish a standard that is sufficiently equivalent to the standard used to determine eligibility for school district bus replacement under (c) of this subsection.

(a) The departmentoffice shallof administer the zerosuperintendent emissionof schoolpublic businstruction grantshall programdevelop establisheda incompetitive thisgrant sectionapplication withprocess theand goalassist andeligible objectiveapplicants in matters related to prioritizeapplying for grants that:under this section.

(a)(b) ReduceThe dieselcompetitive pollutionapplication andprocess greenhouseestablished gasesunder fromthis Washington'ssection oldestmust schoolreflect buses;a ranking system based on the following factors:

(b)(i) reduceProviding dieselthe pollutiongreatest andreduction in greenhouse gasesgas inemissions, disproportionatelyas impactedmeasured communities;by the number of vehicle miles traveled, for the amount of state grant support;

(c)(ii) reduceproviding dieselimprovements pollutionin andhealth greenhouseequity gases for economicallycommunities disadvantagedof children;color and low-income communities;

and (d)(iii) accelerate the transitionage of Washington'sapplicants' dieselfleets. school bus fleet to zero emissions.

The office of the superintendent of public instruction may take into consideration other factors, such as providing air quality improvements in areas with high traffic congestion.

However, the office of the superintendent of public instruction must first prioritize grants that provide the greatest reduction in greenhouse gas emissions for the amount of state grant support.

The office of the superintendent of public instruction may consult with the department of ecology in the development and evaluation of granting criteria.

(a) The departmentoffice of the superintendent of public instruction may use up to 10three percent of amounts appropriated for the grant program under this section for costs that result from administration of the program.

(b) Subject to the availability of amounts appropriated for this specific purpose, the departmentoffice of the superintendent of public instruction shall award grants under this section on a competitive basis and shall promulgate administrative rules for this purpose, subject to other requirements of this section.

p.(c) The office of the superintendent of public instruction must require that school districts, charter schools, and state-tribal education compact schools receiving a grant for a zero emission school bus grant under this section attest to meeting at least one of the following conditions:

3(i) SHBAt 1368the (c)time Theof departmentthe mustgrant requireaward, thatthe grantgrantee recipientshas attestsufficient tocharging theirinfrastructure abilityin place to refueloperate the zeroreplacement emissionbus; bus prior to bus delivery.

(d)or School(ii) districts must deposit grant awards in the transportationgrantee vehiclehas fundsecured establishedenough underfunding, RCWp. 28A.160.130.

3 HB 1368 inclusive of any prospective grant awarded under this section, to purchase and install sufficient charging infrastructure to operate the replacement bus.

(d) Grant awards to school districts must be deposited in the transportation vehicle fund of the receiving school district established under RCW 28A.160.130.

TheGrant department shall establish a framework for calculating grant amounts to school districts, charter schools, and state-tribal education compact schools,schools andfor contractorsthe thatreplacement provideof pupilschool transportationbuses services under RCWthis 28A.160.140section formust not exceed, on a per-bus basis, the replacementpurchase price of the replacement school busesbuses, andless associatedtotal refuelingstate infrastructuredepreciation consistentpayments withreceived pursuant to RCW 28A.160.200 or any similar state payments to the goalsextent inapplicable, thisfor section.the specific school buses being replaced and their salvage value.

(6)Grant Anyfunding assetsawarded for whichthe grantpurchase fundingand underinstallation thisof sectionschool isbus providedcharging stations must not be usedincluded solely in Washingtonthis orcalculation. for the direct benefit of Washington students.

(7)(6) For the purposes of this section, "zero emission" has the same meaning as in section 2 of this act.

(a) Purchase of pupil transportation vehicles pursuant to RCW 28A.160.200 and 28A.150.280;

4 SHBHB 1368 (b)(a) PaymentPurchase of conditionalpupil salestransportation contractsvehicles aspursuant authorizedto in RCW 28A.335.20028A.160.200 orand payment28A.150.280; of obligations authorized in RCW 28A.530.080, entered into or issued for the purpose of pupil transportation vehicles;