S2197

An Act concerning school bus fuel sources and amending chapter 3B of Title 39 of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1997, c.367 (C.39:3B-13) is amended to read as follows:

1. As used in this act:

"Conventional fuel" means gasoline or diesel fuel;

"Governmental entity" means the State, any agency, authority, or employee thereof, or any political subdivision of the State, including but not limited to any county, municipality, or school district, or any agency, authority, or employee thereof;

"Liquefied petroleum gas" means LPG, butane, butylene, propane, or propylene, or other related or similar compounds commonly regarded to be liquefied petroleum gases as prescribed by rule or regulation adopted by the Department of Environmental Protection pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.); [and]

“Compressed natural gas” means natural gas compressed to a volume and density that may be used in a portable fuel supply and is an odorless, nontoxic, gaseous mixture of hydrocarbons, predominantly methane (CH4) and is listed as an alternative fuel source by the U.S. Environmental Protection Agency; and

"School bus" means a school bus as defined pursuant to R.S.39:1-1.

(cf: P.L.1997, c.367, s.1)

2. Section 2 of P.L.1997, c.367 (C.39:3B-14) is amended to read as follows:

2. a. Liquefied petroleum gas and compressed natural gas may be used as an alternative fuel for a school bus instead of, in addition to, or in combination with a conventional fuel.

b. A school bus may be equipped or converted to operate with liquefied petroleum gas or compressed natural gas as the sole fuel or in addition to or in combination with a conventional fuel.

(cf: P.L.1997, c.367, s.2)

3. Section 3 of P.L.1997, c.367 (C.39:3B-15) is amended to read as follows:

3. No school bus may be operated using liquefied petroleum gas or compressed natural gas as the sole fuel, or in addition to or in combination with a conventional fuel, unless the school bus has been equipped or converted for such use and is operated in accordance with (1) all applicable federal and State laws, rules, regulations, codes, standards, and guidelines pertaining thereto, including but not limited to any such rules, regulations, codes, standards, and guidelines that may be adopted by the National Highway Traffic Safety Administration, and (2) all applicable codes, standards, and guidelines established by the National Fire Protection Association for the storage, handling, and use of liquefied petroleum gas or compressed natural gas.

(cf: P.L.1997, c.367, s.3)

4. Section 4 of P.L.1997, c.367 (C.39:3B-16) is amended to read as follows:

4. a. In any action brought for any injury or damages caused either directly or indirectly by the use of liquefied petroleum gas or compressed natural gas as the sole fuel, or in addition to or in combination with a conventional fuel, to operate a school bus, or the equipping or converting of a school bus to operate using liquefied petroleum gas or compressed natural gas as the sole fuel or in addition to or in combination with a conventional fuel, neither the owner or operator of the school bus nor any governmental entity may be found negligent in connection therewith if the school bus was equipped or converted, and operated, as required by section 3 of this act.

b. The immunity provided by subsection a. of this section: (1) shall be in addition to any other immunity that may apply under the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., or any other law, rule, or regulation; and (2) shall not apply if it is established that the act or omission causing the injury or damages constitutes gross negligence, recklessness, actual fraud, actual malice, willful misconduct, or criminal conduct.

(cf: P.L.1997, c.367, s.4)

5. This act shall take effect immediately.

STATEMENT

This bill would permit compressed natural gas (CNG) as an alternative fuel power source to be used for school bus operations.

The U.S. Energy Policy Act of 1992 (Public Law 102-486) aims to reduce U.S. dependence on imported petroleum and improve air quality by addressing all aspects of energy supply and demand, including alternative fuels, renewable energy, and energy efficiency.

As the world continues to face an unpredictable availability of fossil fuels, mounting environmental health concerns, and an economic financial crises, it is imperative to identify solutions on all levels.

CNG is a clean burning fuel which may lead to decreases in pollution rates and is currently less expensive compared to other fuels, where prices are rising in the international market every day.

Currently, New Jersey permits the use of liquefied petroleum gas as an alternative fuel source for school buses.

A few school districts have proceeded with the use of CNG powered school buses, such as Portland, Maine, Tulsa, Oklahoma, and Pensacola, Florida