APPENDIX A

PROPOSED REGULATION ORDER
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FINAL REGULATION ORDER

Amend the following sections of title 13, California Code of Regulations, to read as set

forth in the following pages:

Section 1956.1 Exhaust Emission Standards and Test Procedures –

1985 and Subsequent Model Heavy Duty Urban Bus

Engines and Vehicles.

Section 1956.2 Fleet Rule for Transit Agencies

Section 1956.3 Zero-Emission Bus Requirements

Section 1956.4 Reporting Requirements for all Urban Bus Transit

Agencies

Notes: a) Paragraphs within these sections that are not proposed for

amendment in this rulemaking are indicated by

"[No Change]".

b) The proposed regulatory amendments are shown in underline to

indicate additions to the text and strikeout to indicate

deletions.
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Amend section 1956.1 to read as follows:

1956.1 Exhaust Emission Standards and Test Procedures - 1985 and Subsequent

Model Heavy Duty Urban Bus Engines and Vehicles

(a) [No Change]

(1) [No Change]

(2) [No Change]

(3) [No Change]

(4) [No Change]

(5) [No Change]

(6) [No Change]

(7) [No Change]

(8) [No Change]

(9) [No Change]

(10) [No Change]

(11) 2004-2006 – For diesel-fueled, or dual-fuel, and bi-fuel urban bus

engines except for heavy-duty pilot ignition engines, the standards are

0.5 g/bhp-hr NOx, 0.01 g/bhp-hr PM, 0.05 g/bhp-hr NMHC, 5.0 g/bhphr CO, and 0.01 g/bhp-hr formaldehyde. As an option, manufacturers

may choose to meet the NOx and PM standards with a base engine

that is certified to the standards in paragraph (10) above, equipped

with an aftertreatment system that reduces NOx to 0.5 g/bhp-hr and

PM to 0.01 g/bhp-hr standards. The NMHC, CO, and formaldehyde

standards in this paragraph (11) shall still apply. Manufacturers shall

be responsible for full certification, durability, testing, and warranty

and other requirements for the base engine. For the aftertreatment

system, manufacturers shall not be subject to the certification

durability requirements, or in-use recall and enforcement provisions,

but are subject to warranty provisions for functionality.

(A) In addition,eEngine manufacturers may sell diesel-fueled, dualfuel, or bi-fuel engines to any transit fleet exempted by the

Executive Officer under paragraphs (c)(8) and (d)(7) of section

1956.2, Title 13, CCR, from the requirements of paragraphs
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(c)(5) and (d)(4) of section 1956.2, certified to the standards in

either paragraphs (9) or (10) above, provided that engines

certified to the standards in paragraph (10) must be certified to

a 0.01 g/bhp-hr PM standard.

(B) Manufacturers may sell diesel-fueled hybrid-electric buses that

are certified to a 1.8 g/bhp-hr NOx and 0.01 g/bhp-hr PM

standard to any transit agency that has received written

authorization from the Executive Officer pursuant to paragraph

(d)(9) of section 1956.2, title 13, CCR.

(12) 2007 and subsequent – 0.2 g/bhp-hr NOx, 0.01 g/bhp-hr PM,

0.05 g/bhp-hr NMHC, 5.0 g/bhp-hr CO, and 0.01 g/bhp-hr

formaldehyde.

(b) [No Change]

(c) The test procedures for determining compliance with standards applicable to

1985 and subsequent heavy-duty diesel cycle urban bus engines and

vehicles and the requirements for participation in the averaging, banking and

trading programs, are set forth in the "California Exhaust Emission

Standards and Test Procedures for 1985 2004 and Subsequent Model

Heavy-Duty Diesel Engines and Vehicles," adopted December 12, 2002

April 8, 1985, as last amended November 22, 2000, and the “California

Interim Certification Procedures for 2004 and Subsequent Model HybridElectric Vehicles, in the Urban Bus and Heavy-Duty Vehicle Classes”,

adopted October 24, 2002, which are incorporated by reference herein.

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101, 43104, and

43806, Health and Safety Code, and section 28114, Vehicle Code

Reference: Sections 39002, 39003, 39017, 39033, 39500, 39650, 39657, 39667, 39701,

40000, 43000, 43000.5, 43009, 43013, 43018, 43102, and 43806, Health and Safety

Code, and section 28114, Vehicle Code.
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SECTION 1956.2, TITLE 13, CCR

1956.2 Fleet Rule for Transit Agencies

(a) [No Change]

(b) For purposes of the fleet rule specified in this section, the following

definitions apply:

(1) [No Change]

(2) [No Change]

(3) [No Change]

(4) [No Change]

(5) “Hybrid-electric bus” means an urban bus equipped with at least two

sources of energy on board; this energy is converted to motive power

using electric drive motors and an auxiliary power unit, which converts

consumable fuel energy into mechanical or electrical energy. The

electric drive motors must be used partially or fully to drive the

vehicle’s wheels.

(5)(6) [No Change]

(6)(7) [No Change]

(7)(8) [No Change]

(c) [No Change]

(d) Transit agencies on the diesel path shall meet the following requirements:

(1) [No Change]

(2) [No Change]

(3) Zero-emission bus demonstration in 2003-2004,as required in

subdivision (b) of section 1956.3, title 13, CCR.

(4) [No Change]

(5) [No Change]

(6) [No Change]

(7) [No Change]

(8) [No Change]
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(9) The Executive Officer shall authorize, in writing, a transit agency on

the diesel path to purchase one or more diesel-fueled hybrid-electric

bus certified under title 13, CCR, section 1956.1 (a)(11)(B) provided

that:

(A) The transit agency shall submit a mitigation plan and letter

requesting approval by January 1, 2005, to the Executive

Officer that demonstrates that the transit agency will provide

surplus emission reductions from urban buses in its fleet that

will offset the NOx emission difference between the certified

NOx emission standard of the hybrid-electric bus and 0.5

g/bhp-hr. The transit agency may not use NOx emission

reductions that are otherwise required by any statute,

regulation, or order or the emission reductions that will accrue

from the retirement of an urban bus to be replaced by a hybridelectric bus for the offset;

(B) The transit agency shall complete implementation of all

mitigation measures set forth in the approved plan to offset

NOx emissions prior to the receipt of the last diesel-fueled

hybrid-electric bus; and

(C) The transit agency shall submit the reports required by section

1956.4 (h).

(e) [No Change]

(f) [No Change]

(g) [No Change]

NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018, and 43701(b),

Health and Safety Code. Reference: Sections 39002, 39003, 39017, 39500, 39650,

39667, 40000, 43000, 43000.5, 43013, 43018, 43701(b), 43801, and 43806, Health and

Safety Code, and sections 233 and 28114, Vehicle Code.
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SECTION 1956.3, TITLE 13, CCR

1956.3 Zero-emission Bus Requirements

(a) [No Change]

(b) Zero-emission Bus Demonstration Project – except as provided in (3) below,

the owner or operator of an urban bus fleet on the diesel path in accordance

with the provisions of section 1956.2, with more than 200 urban transit buses

in its active fleet on January 31, 2001, shall implement a demonstration

project. The owner or operator shall evaluate the operation of zero-emission

buses in revenue service, and prepare and submit a report on the

demonstration project to the Executive Officer for inclusion in a future review

of zero-emission technology.

(1) [No Change]

(2) When planning and implementing the demonstration project, the

operator or owner shall meet the following milestones:

(A) [No Change]

(B) no later than July 1, 2003 February 28, 2006, place at least

three zero-emission buses in revenue serviceoperation, and

(C) no later than July 31, 2005, submit a preliminary report on the

demonstration project to the Executive Officer, in accordance

with paragraph (e)(3) of section 1956.3, title 13, CCR and,

(C)D no later than January 31, 2005July 31, 2007, submit a report

on the demonstration project to the Executive Officer, in

accordance with paragraph (e)(3) of section 1956.4, title 13,

CCR.

(3) Multiple transit agencies within the same air basin may, on a case-bycase basis, petition the Executive Officer to implement a joint zeroemission bus demonstration project. Electric trolley buses shall not

qualify as zero-emission buses for purposes of this joint

demonstration project. No more than three transit agencies can

participate in any one joint project. Transit agencies that are

participating in a joint demonstration project shall:

(A) designate the agency hosting the onsite demonstration,

(B) jointly fund the demonstration project, and

(C) place a minimum of three zero-emission buses per

participating transit agencydemonstration project in revenue

service.
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(c) [No Change]

(d) [No Change]

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101, 43104, and

43806, Health and Safety Code. Reference: Sections 39002, 39003, 39017, 39018,

39500, 39701, 40000, 43000, 43000.5, 43009, 43013, 43018, 43102, 43801, and 43806,

Health and Safety Code, and section 28114 Vehicle Code.
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SECTION 1956.4, TITLE 13, CCR

1956.4 Reporting Requirements for all Urban Bus Transit Agencies

(a) [No Change]

(b) [No Change]

(c) [No Change]

(d) [No Change]

(e) The following reports on the zero-emission bus demonstration program shall

be submitted by those transit agencies required to conduct such

demonstrations, as described below:

(1) [No Change]

(2) [No Change]

(3) A preliminary report shall be submitted by July 31, 2005 and contain,

at a minimum, the following information:

(A) a brief description of the zero-emission technology utilized,

identification of the bus manufacturer, and the product

specifications;

(B) miles driven per bus in revenue and non-revenue service,

safety incidents, and maintenance (both scheduled and

unscheduled);

(C) qualitative transit personnel and passenger experience; and

(D) a financial summary of the capital costs of bus purchases

and/or leases and fueling infrastructure.

(3)(4) A final report shall be submitted by January 31,2005July 31, 2007,

and contain, at a minimum, the following information:

(A) a brief description of the zero-emission technology utilized,

identification of bus manufacturer and product specifications,

(B) miles driven per bus in revenue service, bus down time

(scheduled and unscheduled), safety incidents, driver and
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mechanic training conducted, and maintenance (both

scheduled and unscheduled),

(C) qualitative transit personnel and passenger experience, and

(D) a financial summary of capital costs of demonstration program,

including bus purchases and/or leases, fueling infrastructure,

any new facilities or modifications, and annual operating costs.

(f) [No Change]

(g) [No Change]

(h) A transit agency requesting approval for the purchase of diesel-fueled hybridelectric buses pursuant to paragraph (d)(9), section 1956.2, title 13, CCR,

shall:

(1) submit an application for approval that meets the requirements of

paragraphs (d)(9)(A) and (d)(9)(B), section 1956.2, title 13, CCR;

(2) include in the application all of the following: the number,

manufacturer, make and model year of diesel-fueled hybrid-electric

buses to be purchased; the schedule for the purchase and delivery of

the buses; a detailed description of all measures that will be used to

offset the excess NOx emissions including identification of the

specific buses to which the measures will be applied, and the

schedule for implementing those measures; and

(3) submit a final report to the Executive Officer within 30 days of receipt

of the last diesel-fueled hybrid-electric bus that documents the

schedule of delivery of the diesel-fueled hybrid-electric buses, timing,

and completion of all measures to achieve the NOx offset.

NOTE: Authority cited: Sections 39600, 39601, 39659, 39667, 39701, 43018, and 41511,

Health and Safety Code. Reference: Sections 39667, 39700, 39701, 41510, 41511,

43000, 43000.5, 43013, 43018, 43801, and 43806, Health and Safety Code.