State of California AIR RESOURCES BOARD

Executive Order G-03-023
Relating to the Amendments to the Public Transit Bus Fleet Rule and Emission Standards for New Urban Buses, sections 1956.1 et seq., title 13, California Code of Regulations

WHEREAS, on October 24, 2002, the Air Resources Board (ARB or Board) conducted a public hearing to consider the amendment of regulations for the public transit bus fleet rule and emission standards for new urban buses, as set forth in the Initial Statement of Reasons and Staff Report released to the public on September 6, 2002;

WHEREAS, following the public hearing on October 24, 2002, the Board adopted Resolution 02-30, in which the Board approved amendments to sections 1956.1, 1956.2, 1956.4, 1956.8, and 2112, title 13, California Code of Regulations, and the incorporated "California Interim Certification Procedures for 2004 and Subsequent Model Hybrid-Electric Vehicles, in the Urban Bus and Heavy-Duty Vehicle Classes”, as set forth in Attachment A thereto;

WHEREAS, the Board in Resolution 02-30 directed the Executive Officer to adopt the amendments to sections 1956.1 1956.2, 1956.4, 1956.8, and 2112, with the modifications approved by the Board as set forth in Attachment A thereto and such other conforming modifications as may be appropriate, after making the modified regulatory language available for public comment for a period of 15 days; provided that the Executive Officer was directed to consider such written comments as were submitted during this period, make further modifications as were appropriate in light of the comments received or as necessary to ensure consistency with the modifications approved by the Board, and was directed to bring any proposed changes to the Board for consideration if she considered this to be warranted;

WHEREAS, the text of modified version of the proposed regulatory amendments, reflecting the Board-approved modifications, was made available for a supplemental 15-day comment period starting March 28, 2003, in accordance with the provisions of section 44, title 1, CCR, with the modifications to the original staff proposal clearly indicated;

WHEREAS, three written comments were received during the supplemental 15- day comment period and after considering those comments in conjunction with the other written and oral comments and information in the record, the Executive Officer has determined that no further modifications to the regulatory changes approved by the Board are appropriate; andExecutive Order G-03-023 2

WHEREAS, Attachment 1 hereto contains amendments to sections 1956.1 1956.2, 1956.4, 1956.8, and 2112, including amendments to the incorporated "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Engines and Vehicles," title 13, CCR, reflecting the modified regulatory text made available for the 15-day comment period.

NOW, THEREFORE, IT IS ORDERED that the recitals and findings contained in Resolution 02-30 are incorporated herein.

IT IS FURTHER ORDERED, in accordance with Resolution 02-30 and Health and Safety Code sections 39515 and 39516, that the amendments to sections 1956.1 1956.2, 1956.4, 1956.8, and 2112, including amendments to the incorporated "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Engines and Vehicles," title 13, CCR, are hereby adopted as set forth in Attachment 1 hereto, the Final Regulation Order.

Executed this ___________ _ of September 2003, at Sacramento, California.

__________________________ Catherine Witherspoon Executive Officer

Attachment