S1993

An Act establishing a program for compressed natural gas school buses, and supplementing Title 39 of the Revised Statutes.

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

1. The Legislature finds and declares that the World Health Organization has listed diesel exhaust as a cancer-causing agent and carcinogen; that the Department of Environmental Protection estimates that 10 percent of the children and 8 percent of the adults in New Jersey suffer from asthma; that studies done in New England and other states have shown that children are exposed to an inordinate amount of diesel exhaust not only while riding in diesel-powered school buses but also while in classrooms located near where school buses idle, waiting for students to embark or disembark; that compressed natural gas burns much cleaner than diesel fuel, with 20 to 30 percent less carbon dioxide emissions, up to 75 percent less carbon monoxide emissions, up to 50 percent less nitrogen-based pollutant emissions, up to 95 percent less fine particulate pollutant emissions, and none of the sulfur dioxide emissions found in diesel emissions; that the use of compressed natural gas school buses may save school districts money because, for example, in October 2012 the non-taxed price of diesel approached $3.50 per gallon, while compressed natural gas costs were $1.75 per diesel gallon equivalent; and that the technology exists to allow for diesel-powered school buses to be converted to, or replaced by, compressed natural gas school buses.

The Legislature therefore declares that it is fitting and proper and in the best interest of the public, especially its youngest members, for the Department of Education to develop and implement a pilot program to convert diesel-powered school buses to, or replace them with, compressed natural gas school buses for daily transportation of students.

2. a. The Department of Education, in consultation with the Department of Environmental Protection, the Department of Transportation, the New Jersey Motor Vehicle Commission, school districts, and school bus contractors throughout the State, shall develop and implement a pilot program to convert diesel-powered school buses to, or replace them with, compressed natural gas school buses for daily transportation of students. The Department of Education shall include in its consultation with school districts and school bus contractors a survey and analysis of transportation budgets and issues, including, but not necessarily limited to, fueling challenges, cost differences, and fiscal impacts of operating compressed natural gas school buses versus diesel-powered school buses, and the challenges, costs, fiscal impacts, and other issues of implementing the pilot program in school districts.

b. The Department of Education shall work with the Department of Transportation, New Jersey Transit Corporation, public utilities, other public and private fuel station vendors, and school bus contractors to develop and establish fueling infrastructure for the use of compressed natural gas school buses in school districts for daily transportation of students.

c. The pilot program shall include at least one school district in each of the northern, central and southern regions of the State, if possible and practicable.

3. a. Within 180 days after compressed natural gas school buses have been operated under the pilot program in at least three school districts for 18 months, the Department of Education and the New Jersey Motor Vehicle Commission shall jointly prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature on the implementation of the pilot program. The report shall include a recommendation by the Department of Education on whether to establish the program as a permanent, voluntary, Statewide program, continue the pilot program, or discontinue the program.

b. If the Department of Education recommends establishing the program as a permanent, voluntary, Statewide program, it shall publish in the New Jersey Register its recommendation and the date on which the department shall commence the permanent, voluntary, Statewide program, except that, in no event shall the commencement date be sooner than 90 days after the publication date in the New Jersey Register.

c. If the Department of Education recommends continuation of the pilot program in the submitted report required pursuant to subsection a. of this section or decides to continue the pilot program pursuant to this subsection, it shall establish a date by which the department shall reevaluate whether or not to establish a permanent, voluntary, Statewide program, and publish that date in the New Jersey Register. As soon as practicable after the published date, the department shall decide whether or not to establish a permanent, voluntary, Statewide program, continue the pilot program, or discontinue the program, and shall publish in the New Jersey Register its decision and the date upon which the department shall commence the permanent, voluntary, Statewide program, the date by which the department shall again reevaluate the pilot program, or the date on which the department shall discontinue the program, as applicable, except that, in no event shall the commencement or discontinuation date be sooner than 90 days after the publication date in the New Jersey Register of the decision made pursuant to this subsection.

d. If the Department of Education recommends discontinuation of the pilot program in the submitted report required pursuant to subsection a. of this section, the department shall publish in the New Jersey Register its decision and the date upon which the department shall discontinue the program, except that, in no event shall the discontinuation date be sooner than 90 days after the publication date in the New Jersey Register of the recommendation and the discontinuation date pursuant to this subsection.

e. If the Department of Education establishes a permanent, voluntary, Statewide program, the program shall be administered by the Department of Education, in consultation with the Department of Environmental Protection, the Department of Transportation, the New Jersey Motor Vehicle Commission, and school districts throughout the State.

4. This act shall take effect immediately, and shall expire on the discontinuation date established by the Department of Education pursuant to subsection c. or d. of section 3 of this act if the department decides to discontinue the program.

STATEMENT

This bill directs the Department of Education (DOE) to:

1) in consultation with the Department of Environmental Protection (DEP), the Department of Transportation (DOT), the New Jersey Motor Vehicle Commission (MVC), school districts, and school bus contractors throughout the State, develop and implement a pilot program to convert diesel-powered school buses to, or replace them with, compressed natural gas school buses; and

2) with the DOT, New Jersey Transit Corporation, public utilities, other public and private fuel station vendors, and school bus contractors, develop and establish fueling infrastructure for the use of compressed natural gas school buses in school districts for daily transportation of students; and

(3) include at least one school district in each of the northern, central and southern regions of the State in the pilot program.

The bill also authorizes the DOE to establish the program as a permanent, voluntary, Statewide program, continue the pilot program, or discontinue the program as provided for in section 3 of the bill.

Within 180 days after compressed natural gas school buses have been operated under the pilot program in at least three school districts for 18 months, the DOE and the MVC are required to jointly prepare and submit a report to the Governor and the Legislature on implementation of the pilot program, which would include the DOE’s recommendation on whether to establish the program as a permanent, voluntary, Statewide program, continue the pilot program, or discontinue the program. Section 3 of the bill establishes how the DOE would implement these options.

Finally, the bill provides that:

1) if the DOE establishes the program as permanent, it would be administered by the DOE, in consultation with the DEP, DOT, MVC, and school districts throughout the State; and

2) it would expire on the program discontinuation date established by the Department of Education pursuant to subsection c. or d. of section 3 of the bill if the department decides to discontinue the program.