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A Lower-Emission School Bus Program (LESBP) case-by-case (CBC)
determination has recently been made by ARB staff.   Due to the
unusual nature of this CBC request, the ARB finds it necessary to
stress the importance of thorough reading of contracts by
successful applicants before beginning work.  While the ARB
understands the circumstances surrounding this project, the ARB
considers this to be a very unusual request and will not approve
similar CBC requests in the future.

This email provides a summary of the request and determination
for your information. This determination was recently posted to
the LESBP website at
http://www.arb.ca.gov/bonds/schoolbus/case_by_case/case_by_case.htm,
as requested by the California Air Pollution Control Officers
Association (CAPCOA):

Reference #2011-37
Request:  Allow LESBP funding of a Big Valley Joint Unified
School District replacement bus (VIN 1BABNBXA6CF284427), granting
an exemption for work begun before full execution of contract.
Air District:  San Joaquin Valley APCD (for Lassen County APCD)
Guidelines Section(s): Appendix C, Section F.1 
Determination:  The air district and school district had been
discussing replacement and retrofit projects simultaneously.  In
early 2011, the air district approved a bus replacement project
for the school district, but did not provide a contract at that
time.  Later, in March 2011, the air district sent an executed
contract to retrofit two buses to the school district.  At the
same time, the air district and school district had been working
to finalize the bus replacement project, in preparation for
“going to contract.”  When the school district received the
executed retrofit contract and retrofit reimbursement paperwork
from the air district, the school district mistook these
documents as a replacement contract and accompanying
reimbursement paperwork, and began work as if an executed
replacement contract had been received.  The school district
proceeded to purchase a new replacement bus (VIN
1BABNBXA6CF284427) and to dismantle the old bus (VIN
1BABWCMAIAF050393).  

The air district did not become aware of what had happened until
May 2011, when the school district submitted a claim for payment
packet for the new bus.  The air district confirms that it has
all documentation showing the eligibility of both the old bus and
the new replacement bus, and that it will keep on file a letter
from the school district that attests to their mistaken
understanding of the contract and reimbursement paperwork that
they received.  

This approval is contingent upon the air district obtaining
documentation that work on the replacement project did not begin
before full execution of the retrofit contract that was mistaken
by the school district as a replacement contract.  

Finally, while the ARB understands the circumstances surrounding
this project, the ARB considers this to be a very unusual request
and will not approve similar case-by-case requests in the
future.

ARB Action:  Approved for funding with LESBP funds.
Determination Date:  June 9, 2011
Contact:   Kimya Lambert (916) 323-2507