Section 43108 Of Article 1. General Provisions From California Health And Safety Code >> Division 26. >> Part 5. >> Chapter 2. >> Article 1.
43108
. (a) In lieu of certification pursuant to Section 43102, the
state board may certify a new motor vehicle designed for exclusive
use as a schoolbus, or a new motor vehicle engine intended for use in
a schoolbus, if the Administrator of the Environmental Protection
Agency has granted a certificate of conformity for the schoolbus or
engine pursuant to the Clean Air Act (42 U.S.C. Sec. 1857 et seq.).
(b) The state board shall grant a certification pursuant to
subdivision (a) only if the manufacturer of the schoolbus or engine
demonstrates that an engine suitable for use in the manufacturer's
standard type of schoolbus which meets the applicable emissions
standards established by the state board pursuant to Section 43102 is
not available for installation.
(c) The state board, prior to granting a certification pursuant to
subdivision (a), shall require a showing by the manufacturer of the
schoolbus or engine of a good faith effort to procure or manufacture
an engine which meets the standards established by the state board
pursuant to Section 43102 and, in the case of the schoolbus
manufacturer, a good faith effort to accomplish a schoolbus redesign
to accommodate such an engine. In the absence of these showings, the
state board shall not grant a certification pursuant to subdivision
(a).