New Jersey § 26:2c-8

§ 26:2c-8.

a. No later than two years after the effective date of P.L.2005, c. 219 ( C.26:2C-8.26 et al.), 1 or two years after the date on or by which both certifications required in this subsection

have been made, whichever is later, every owner of a regulated school bus shall have

installed on the regulated school bus closed crankcase technology as specified by

the rules and regulations adopted pursuant to section 3 of P.L.2005, c. 219 ( C.26:2C-8.28 ). No owner of a regulated school bus shall be required to install closed crankcase technology

pursuant to this subsection unless: (1) the State Treasurer certifies in each of the two years after the effective date

of P.L.2005, c. 219 ( C.26:2C-8.26 et al.) 1 that the constitutionally dedicated moneys have been deposited in the Diesel Risk

Mitigation Fund; and (2) the Department of Environmental Protection certifies that sufficient moneys are

available in the fund to pay the cost of purchase and installation of the closed crankcase

technology required pursuant to this subsection in that two-year period. Provided that the State Treasurer has issued the certification required under paragraph

(1) of this subsection for that year, the department may determine the amount of moneys

available in the fund for that year, require the purchase and installation of those

retrofit devices in those regulated vehicles or pieces of regulated equipment for

which sufficient moneys are available, and certify that sufficient moneys are available

for those retrofit devices in those regulated vehicles or pieces of equipment. b. The Department of Environmental Protection shall provide, and each owner of a regulated

school bus shall obtain from the department, a compliance form for each regulated

school bus. The owner of the regulated school bus shall submit a cost estimate to the department

detailing the cost of any retrofit device to be installed as part of the closed crankcase

technology and any cost associated with the installation of the closed crankcase technology

prior to its purchase or installation. The department may determine whether the estimated costs are unreasonable, based

upon criteria including, but not limited to, prevailing market rates and acquisition

by the State of comparable technology. If the department makes such a determination, the department shall enter into negotiations

with the owner of the regulated school bus to resolve the discrepancy. The owner of the regulated school bus shall complete the compliance form, retain a

copy for the owner's records, and return it to the department as soon as practicable

after the installation of the closed crankcase technology to verify compliance with

the requirements of subsection a. of this section and to seek reimbursement for the

cost of the closed crankcase technology. The compliance form shall include the cost of any retrofit device installed as part

of the closed crankcase technology and any cost associated with the installation of

the closed crankcase technology. After the installation of the closed crankcase technology on a regulated school

bus, a copy of the completed compliance form shall be kept on each regulated school

bus at all times. c. The department shall review the compliance forms submitted pursuant to subsection

b. of this section and forward them to the State Treasurer. The State Treasurer shall reimburse each owner of a regulated school bus the cost

of any retrofit device installed as part of the closed crankcase technology requirement

and any cost associated with the installation of the closed crankcase technology indicated

on the compliance form, in accordance with the provisions of sections 28 through 31,

inclusive, of P.L.2005, c. 219 ( C.26:2C-8.53 through C.26:2C-8.56 ). d. The Department of Environmental Protection shall provide any training necessary

to implement the provisions of subsection d. of this section for any employees of,

or persons contracted or licensed by, the New Jersey Motor Vehicle Commission, as

determined necessary by the Chief Administrator of the New Jersey Motor Vehicle Commission. e. The Department of Environmental Protection and the New Jersey Motor Vehicle Commission

shall adopt jointly, pursuant to the “Administrative Procedure Act,” P.L.1968, c.

410 ( C.52:14B-1 et seq. ), rules and regulations concerning the installation of the crankcase technology required

pursuant to this section and establishing the inspection requirements and procedures

for verification of compliance with the crankcase technology requirement established

pursuant to this section, the use of the compliance form in any inspection or as part

of the inspection procedures and verification of compliance, any training necessary

for any employees of, or persons contracted or licensed by, the New Jersey Motor Vehicle

Commission, and the extent of that training to be provided by the Department of Environmental

Protection, and in what manner that training shall be provided. f. If for any reason, the owner of the regulated school bus is unable to comply with

the requirements specified in this section, the owner shall notify the department,

as soon as practicable, of the inability to comply. The department shall resolve the situation with the owner as soon as practicable,

and the department shall issue any necessary documentation and other information to

the owner of the regulated school bus. 1

Eff. Sept. 7, 2005.