(

a) For purposes of this section, the following

definitions apply: (1) “Continued use” means the continued operation of the diesel engine from the diesel-powered on-track equipment as an internal combustion engine to provide power for on-track equipment or any other purpose. (2) “Decommission” means to permanently cease the service of on-track equipment when the public entity owning that on-track equipment replaces it with lower emission on-track equipment. (3) “Diesel-powered on-track equipment” means any locomotive or any other car, rolling stock, equipment, or other device that is operated on stationary rails and has a diesel engine. (

b) Except as provided in subdivision (c), a public entity that owns diesel-powered on-track equipment shall not sell, donate, or otherwise transfer ownership of that diesel-powered on-track equipment for continued use after the public entity decommissions the diesel-powered on-track equipment. (

c) A public entity may engage in a transaction otherwise prohibited by subdivision (

b) if both of the following criteria are satisfied:

(1) The diesel-powered on-track equipment meets any of the following conditions: (

A) The equipment is deemed to be in Tier 2, Tier 3, or Tier 4, as designated by the United States Environmental Protection Agency. (

B) The equipment produces emissions equivalent to any equipment within any of the tiers described in subparagraph (A). (

C) The diesel engine is removed from the equipment.

(2) The public entity authorizes the transaction in a public hearing.