Representative Stephen G. Handy proposes the following substitute resolution:




Chief Sponsor: Stephen G. Handy

Senate Sponsor: J. Stuart Adams


8     General Description:
9          This concurrent resolution of the Legislature and the Governor supports the dedication
10     of a portion of the funds allocated to the state from the Volkswagen settlement for the
11     purpose of replacing at least a portion of the 433 dirty diesel school buses with clean
12     fuel school buses.
13     Highlighted Provisions:
14          This resolution:
15          ▸     supports the dedication of a portion of the funds allocated to the state from the
16     Volkswagen settlement for the purpose of replacing at least a portion of the 433
17     dirty diesel school buses with clean fuel school buses; and
18          ▸     supports qualified school districts in bringing a plan and a 100% match to obtain a
19     portion of the funds, resulting in an initiative to replace all Utah dirty diesel school
20     buses with one of the numerous clean fuel school bus alternatives.
21     Special Clauses:
22          None

24     Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
25          WHEREAS, Utahns rank air quality with a high level of concern - 68% rated it four or

26     five on a five-point scale in a recent survey, Wasatch Front residents had a slightly higher level
27     of concern than rural residents, ranking air quality as their first priority on their top 10 list of
28     priorities;
29          WHEREAS, Utahns' major concerns with air quality include ozone and very fine
30     particulate matter, including PM2.5 and nitrogen oxide (NOx) emissions from fossil fuel
31     exhaust that is exposed to high temperatures and sunlight;
32          WHEREAS, the Wasatch Front and Cache County are known to have some of the
33     worst short-term PM2.5 and NOx pollution in the country;
34          WHEREAS, the Environmental Protection Agency (EPA) recently reclassified the
35     Wasatch Front and Cache Valley from "moderate" to "serious" nonattainment areas, based on
36     the Clean Air Act's air quality health standards.
37          WHEREAS, the Wasatch Front's and Cache Valley's unique geography are major
38     contributors to serious air pollution during winter inversions as polluted colder air is trapped by
39     warmer air and hemmed in by Utah's mountain ranges;
40          WHEREAS, although vehicles' contribution to air pollution has been shrinking over
41     time and will continue to decline with the rapidly increasing fuel economy standards and the
42     implementation of Tier III fuel and automobile standards from 2017 to 2025, fossil fuel
43     combustion engines still cause 48% of pollutants;
44          WHEREAS, as Utah's population continues to grow, so will the challenges to reducing
45     vehicle pollutants;
46          WHEREAS, as of the 2015-2016 school year, there are 2,895 school buses among the
47     41 school districts and public charter schools that travel a combined 31,935,834 miles within a
48     school year;
49          WHEREAS, although numerous efforts have been undertaken over the past several
50     years to remove dirty diesel school buses from the fleet, there are still 433 buses that are model
51     year 2006 or older;
52          WHEREAS, diesel is a type of fuel derived from crude oil and is used in large engines,
53     including those in many trucks, buses, trains, construction and farm equipment, generators,
54     ships, and cars;
55          WHEREAS, the exhaust from diesel engines is made up of two main parts, gases and
56     soot-each of these in turn is made up of different substances:

57               •     the gas portion of diesel exhaust is mostly carbon dioxide, carbon
58     monoxide, nitric oxide, nitrogen dioxide, sulfur oxides, and
59     hydrocarbons, including polycyclic aromatic hydrocarbons; and
60               •     the soot (particulate) portion of diesel exhaust is made up of particles
61     such as carbon, organic materials, and traces of metallic compounds;
62          WHEREAS, exposure to diesel exhaust is widespread in the modern world and diesel
63     exhaust brings a complex mixture of soot and gases to roadways, cities, farms, and other
64     places;
65          WHEREAS, health concerns about diesel exhaust relate not only to cancer, but also to
66     other health problems such as lung and heart diseases;
67          WHEREAS, people are exposed to diesel exhaust by breathing in the soot and gases,
68     which then enter the lungs;
69          WHEREAS, exposure to diesel exhaust may be higher in a vehicle, especially when
70     traveling on roads with heavier truck or bus traffic;
71          WHEREAS, numerous studies have concluded that the younger a person is the more
72     susceptible he or she is to dangerous diesel exhaust fumes;
73          WHEREAS, the concentration of numerous idling dirty diesel school buses around
74     schools during early mornings and afternoons is especially harmful to young people and their
75     developing brains and lungs;
76          WHEREAS, numerous efforts have been made over the past several years to remove
77     older dirty diesel school buses in Utah and replace them with clean fuel alternatives such as
78     compressed natural gas, clean diesel, electric, propane, or hybrid, but significant funding has
79     been unavailable;
80          WHEREAS, the Utah Division of Air Quality in 2016 calculated that with the
81     replacement of just 119 model year 1996 diesel school buses with the same number of clean
82     fuel school buses, the yearly emissions would be reduced to 6.5 tons from 32.1 tons, an 80%
83     reduction in PM2.5 per year assuming that each bus would travel approximately 10,930 miles
84     per year;
85          WHEREAS, the EPA filed a complaint against Volkswagen Group of America
86     (Volkswagen) alleging that the defendants violated the Clean Air Act with regard to
87     approximately 580,000 model year 2009-to-2016 motor vehicles containing 2.0 and 3.0 liter

88     engines;
89          WHEREAS, Volkswagen agreed to spend up to $14.7 billion to settle allegations that
90     Volkswagen cheated emissions;
91          WHEREAS, on June 28, 2016, the United States lodged with the court a settlement that
92     partially resolves allegations that Volkswagen violated the Clean Air Act by the sale of
93     approximately 500,000 vehicles containing 2.0 liter diesel engines equipped with devices
94     designated to circumvent emissions tests;
95          WHEREAS, the settlement consists of three major components:
96          (1) buyback or emission modification on at least 85% of the subject vehicles;
97          (2) $2.7 billion to fully remediate the excess NOx; and
98          (3) investment of $2 billion to promote the use of zero emission vehicles and
99     infrastructure;
100          WHEREAS, the $2.7 billion will be placed in the Environmental Mitigation Trust, and
101     will be allocated to beneficiaries, states, tribes, and certain territories based on the number of
102     impacted Volkswagen vehicles in those jurisdictions;
103          WHEREAS, the Environmental Mitigation Trust will support projects that reduce NOx
104     emissions where the Volkswagen vehicles were, are, or will be operated;
105          WHEREAS, the state of Utah is projected to receive $32,356,471 of the $2.7 billion;
106          WHEREAS, after being designated a beneficiary, the state must submit a high-level
107     beneficiary mitigation plan that summarizes the following:
108          (1) how the funds will be spent, including the state's overall goal for the use of funds,
109     categories of anticipated eligible mitigation actions, and preliminary assessment of the
110     percentages of funds anticipated to be used for each type of action;
111          (2) how the proposed actions will impact air quality in areas that bear a
112     disproportionate share of the air pollution burden within its jurisdiction; and
113          (3) the expected range of emission benefits;
114          WHEREAS, one category of the Environmental Mitigation Trust includes 2006 model
115     year or older Class 4-8 school buses, shuttles, or transit buses and stipulates that eligible buses
116     must be scrapped and may be repowered or replaced with new diesel, alternative fuel, or all
117     electric engine buses; and
118          WHEREAS, a beneficiary has up to 10 years to spend 80% of its allocation, and up to

119     15 years to spend 100% of its allocation, but may request up to one-third of its allocation
120     during the first year, and up to two-thirds of its allocation during the first two years:
121          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
122     Governor concurring therein, supports the dedication of a portion of the funds allocated to the
123     state from the Volkswagen settlement for the purpose of replacing at least a portion of the 433
124     school buses that are model year 2006 or older.
125          BE IT FURTHER RESOLVED THAT the Legislature and the Governor support
126     qualified school districts in bringing a plan and a 100% match to obtain a portion of the funds,
127     resulting in an initiative to replace all Utah dirty diesel school buses with one of the numerous
128     clean fuel school bus alternatives.