Register April 2005 No. 592
Chapter Trans 135
SCHOOL BUS OXIDATION CATALYST GRANT PROGRAM
Trans 135.01 Purpose and scope. Trans 135.02 Definitions. Trans 135.03 Grant program administration. Trans 135.04 Grant program funding. Trans 135.05 Vendor selection. Trans 135.06 Grant recipient selection. Trans 135.07 Grant program termination. Ch. Trans 135 NoteNote: Chapter Trans 135 was created as an emergency rule effective September 1, 2004. Trans 135.01(1)(1) Statutory authority. As authorized by s. 110.215, Stats., the purpose of this chapter is to establish the framework for a school bus oxidation catalyst grant program. Trans 135.01(2)(2) Applicability. This chapter applies to diesel fuel-powered school buses customarily kept, and serving school districts, in the counties identified in s. 110.20 (5), Stats. Trans 135.01 HistoryHistory: CR 04-090: cr. Register April 2005 No. 592, eff. 5-1-05. Trans 135.02Trans 135.02 Definitions. Words and phrases defined in s. 110.20 (1), Stats., have the same meaning in this chapter unless a different definition is specified. In this chapter: Trans 135.02(2)(2) “Diesel oxidation catalyst” means a device that can be permanently installed along the exhaust train of a diesel vehicle, that contains an enclosed catalyst bed over which exhaust gases pass, and that is designed to substantially reduce hydrocarbon, particulate matter and carbon monoxide emissions. Trans 135.02(4)(4) “Grant” means a grant to purchase diesel oxidation catalysts. Trans 135.02(5)(5) “Grant program” means the school bus oxidation catalyst grant program described in this chapter. Trans 135.02(6)(6) “School bus company” means a company that owns or leases one or more school buses that are used exclusively or primarily to transport elementary, middle or high school students to and from their schools on a routine basis throughout the school year. Trans 135.02(7)(7) “Vendor” means a company that sells, either directly or through a subsidiary, diesel oxidation catalysts suitable for retrofit installation on diesel fuel powered school buses. Trans 135.02 HistoryHistory: CR 04-090: cr. Register April 2005 No. 592, eff. 5-1-05. Trans 135.03(1)(1) General. The department of natural resources shall be responsible for reviewing grant requests, awarding grants, evaluating vendor products and credentials, and issuing contracts to one or more vendors for the purpose of supplying grant recipients with diesel oxidation catalysts. The department of transportation shall be responsible for establishing the total grant program fund amount, and for providing this amount from the appropriation identified in s. 20.395 (5) (hq), Stats. Trans 135.03(2)(2) Interdepartmental cooperation. The department of natural resources shall consult with the department of transportation periodically as appropriate during the administration of the grant program. The purpose of the consultations is to provide updates on expenditures and program status and, when necessary, to seek assistance on program-related issues. Trans 135.03 HistoryHistory: CR 04-090: cr. Register April 2005 No. 592, eff. 5-1-05. Trans 135.04(1)(1) Grant fund source. The grant program shall be funded using funds from the annual motor vehicle emission inspection and maintenance, or I/M, program appropriation established under s. 20.395 (5) (hq), Stats. Trans 135.04(2)(2) Grant fund amount. The department of transportation shall establish a one-time, non-recurring grant fund amount sufficient to purchase 300 diesel oxidation catalysts for installation on school buses. Trans 135.04 NoteNote: The Department established this number through consultation with the Department of Natural Resources. The DNR determined that the lost emission reductions associated with the amendment to s. 110.20(6)(a)1, Stats., exempting two additional model year vehicles from emissions testing could be substantively offset by retrofitting 300 school buses in the program area with oxidation catalysts. Trans 135.04(3)(a)(a) The total grant fund amount shall be encumbered over the fewest number of fiscal years possible subject to the constraint that, in a given fiscal year, the encumbrance cannot exceed the difference between the annual I/M program appropriation and the amount committed to paying all I/M program expenses for that fiscal year. Trans 135.04(3)(b)(b) Within 30 days of May 1, 2005, the department shall notify the department of natural resources of the annual I/M program appropriation amount and the amount committed to paying all I/M program expenses for that fiscal year, and initiate the process of encumbering the difference for the grant program. This process shall be repeated at the beginning of each subsequent fiscal year until the full grant fund amount has been encumbered. Trans 135.04(3)(c)(c) Subject to the guidelines established in ss. Trans 135.05 and 135.06, the department of natural resources shall spend available grant funds as expediently as possible. Trans 135.04 HistoryHistory: CR 04-090: cr. Register April 2005 No. 592, eff. 5-1-05. Trans 135.05(1)(1) General. The department of natural resources may contract with one or more vendors to supply diesel oxidation catalysts and to install them. Trans 135.05(2)(2) Selection criteria. The department of natural resources shall select vendors based on evaluation of written proposals that specify all of the following: Trans 135.05(2)(c)(c) Documentation of catalyst effectiveness at reducing pollutant emissions, including presentation of diesel bus-specific data. Trans 135.05(2)(f)(f) Whether the vendor manufactures in, or sells through, a Wisconsin-based facility. Trans 135.05(2)(g)(g) EPA retrofit technology verification, reported at www.epa.gov/otaq/retrofit/retroverifiedlist.htm. Trans 135.05(2)(h)(h) Other criteria that the department of natural resources determines are necessary to facilitate selection of the best vendors. Trans 135.05 HistoryHistory: CR 04-090: cr. Register April 2005 No. 592, eff. 5-1-05. Trans 135.06(1)(1) Eligibility. Grants may be issued only to school districts or school bus companies that own or lease one or more school buses routinely used to transport students to and from school in the counties identified in s. 110.20 (5), Stats. Grants may be issued only to retrofit qualifying buses that were manufactured in any of the 1999 through 2004 model years. Applicants may apply for more than one grant, but only one oxidation catalyst per vehicle is allowed under the grant program. Trans 135.06 NoteNote: For example, previously retrofitted buses are not eligible for further retrofit grants.
Trans 135.06(2)(2) Grant request process. Grant applicants shall be required to submit a grant request providing all information required by the department of natural resources. Grant requests shall be accepted throughout the year. The department of natural resources shall expeditiously evaluate requests as received. Once completed, the results of the evaluation shall be reported promptly to the applicant. Trans 135.06(3)(3) Information requirements. The grant request shall include information necessary to determine how well the proposed grant will meet the program’s goals. At a minimum, the grant request shall include the following: Trans 135.06(3)(b)(b) The model year of each bus to be retrofitted with an oxidation catalyst. Trans 135.06(3)(c)(c) The vehicle identification number, or other unique identifier, of each bus.
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