State of California

AIR RESOURCES BOARD

EXECUTIVE ORDER R-05-007

Relating to Amendments to the Exhaust Emission Stan dards for 2007-2009 Model-Year Heavy Duty Urban Bus Engines and the Fleet Rule for Transit Agencies

WHEREAS, on September 15, 2005, the Air Resources B oard (the Board or ARB) conducted a public hearing to consider adoption of a fleet rule requiring the use of alternative fuel buses by the six “diesel path” tra nsit agencies within the South Coast Air Quality Management District (SCAQMD or District), a s set forth in the Initial Statement of Reasons released to the public on July 29, 2005;

WHEREAS, following the public hearing on September 15, 2005, the Board adopted Resolution 05-47 in which the Board adopted the ame ndment of section 2023.1(a), title 13, California Code of Regulations, as set fo rth in Attachment A thereto;

WHEREAS, on October 20, 2005, the Board conducted a public hearing to consider adoption of the appropriate emission standards for new 2007 and later model-year urban bus engines, and the potential amendment of A RB’s transit fleet rule to require

the use of alternative fuel transit buses statewide , as set forth in the Initial Statement of Reasons released to the public on July 29, 2005;

WHEREAS, following the public hearing on October 20 , 2005, the Board adopted Resolution 05-53 in which the Board approved the am endments to sections 1956.1 and/or 1956.8, title 13, California Code of Regulat ions, to retain the urban bus engine standards, but allow transit districts to purchase diesel engines that meet the ARB’s heavy-duty truck engine standards when the diesel p ath transit agencies with fleet of 30 or more urban buses mitigate the emissions from non compliant with the more stringent urban bus engine standards as set forth i n Attachment C thereto;

WHEREAS, Resolution 05-53 directed the Executive Of ficer to take final action to adopt the regulatory amendments set forth in Attachment A and Attachment C to Resolution 05-53, with such other conforming modifi cations as may be appropriate, to make the modified regulatory language and any addit ional supporting documents and information available to the public for a period of at least 15 days, to consider such written comments as may be submitted during this pe riod, and to make such modifications as may be appropriate in light of the comments received, or to present the regulatory amendments to the Board for further cons ideration if she determines that this is warranted;

WHEREAS, at the public hearing on October 20, 2005, the Board further directed staff to report to the Board at its public meeting on Oct ober 27, 2005, on the effect of the retention of the urban bus engine NOx standard at 0 .2 g/bhp-hr for model years 2007 to 2009 on transit agencies’ access to external fundin g sources, and most specifically to report on the effect of the anticipated loss of fun ding under the Carl Moyer Program;-2-

AMENDMENTS TO URBAN BUS STANDARDS AND TRANSIT AGENC Y FLEET

RULE – R-05-007 WHEREAS, on October 27, 2005, after receiving the r eport from staff, the Board approved Resolution 05-61 which incorporated by ref erence Resolution 05-53 and its attachments, amended Resolution 05-53 by approving the modifications set forth in Attachment A thereto in place of the modifications set forth in Attachment C to Resolution 05-53, and reaffirmed Resolution 05-53 i n all other respects;

WHEREAS, on April 28, 2006, the modified regulation s, reflecting the amendments approved by the Board and other changes made to bes t reflect the intent of the Board at the hearing, were made available for public comment for a period of 15-days, with the changes to the originally proposed text clearly ind icated, in accordance with the provisions of title 1, California Code of Regulatio ns, section 44;

WHEREAS, written comments were received during the 15-day comment period and those comments, have been considered by the Executi ve Officer; and

WHEREAS, Attachment 1 hereto shows the regulatory a mendments made available on April 28, 2006 for public comment, along with the a mendment to section 2023.1(a), title 13, California Code of Regulations adopted by Resolution 05-47 on September 15, 2005, and a change without regulatory effect described in the Final

Statement of Reasons.

NOW, THEREFORE, IT IS ORDERED that the recitals and findings contained in Resolutions 05-47, 05-53, and 05-61 are incorporate d by reference herein.

IT IS FURTHER ORDERED that title 13, California Cod e of Regulations, sections 1956.1, 1956.8, 2023.1 and 2023.4, are ame nded as set forth in Attachment 1

hereto.

Executed this day of , 2006, at Sacramento, California.

/s/

Catherine Witherspoon

Executive Officer

Attachment