ORS 468A.277¹
  • exemptions

(1) In addition to rules adopted under ORS 468A.266 (Low carbon fuel standards) and 468A.268 (Conditions for considering biodiesel as low carbon fuel), the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 468A.265 (Definitions) to 468A.277 (Rules), including but not limited to standards for persons to qualify for exemptions provided for in subsection (2) of this section.

(2) The provisions of ORS 468A.265 (Definitions) to 468A.277 (Rules) do not apply to fuel that is demonstrated to have been used in any of the following:

(a) Motor vehicles registered as farm vehicles under the provisions of ORS 805.300 (Farm vehicle registration).

(b) Farm tractors, as defined in ORS 801.265 (“Farm tractor”).

(c) Implements of husbandry, as defined in ORS 801.310 (“Implement of husbandry”).

(d) Motor trucks, as defined in ORS 801.355 (“Motor truck”), used primarily to transport logs.

(e) Motor vehicles that are not designed primarily to transport persons or property, that are operated on highways only incidentally and that are used primarily for construction work.

(f) Watercraft.

(g) Railroad locomotives. [2017 c.750 §167]

Note: Section 170, chapter 750, Oregon Laws 2017, provides:

Sec. 170. (1) The Department of Environmental Quality shall, no later than February 1, 2022, complete a review of the clean fuels program and submit a report on the department’s review to the interim committees of the Legislative Assembly related to environment and natural resources in the manner provided by ORS 192.245 (Form of report to legislature).

(2) The review required by this section must consider all program compliance data available and must include, but need not be limited to, a review of the following:

(a) The progress of this state, through implementation of sections 159 to 167 of this 2017 Act [468A.265 (Definitions) to 468A.277 (Rules)] and rules adopted pursuant to sections 159 to 167 of this 2017 Act, toward achieving the goal of reducing the average amount of greenhouse gas emissions per unit of fuel energy of the fuels by 10 percent below 2010 levels by the year 2025.

(b) The environmental, economic, health and other benefits realized through the implementation of sections 159 to 167 of this 2017 Act and rules adopted pursuant to sections 159 to 167 of this 2017 Act, including but not limited to the economic benefits of supplying low carbon fuels or electric vehicle charging and related infrastructure.

(c) The projected availability of low carbon fuels and credits through the year 2025, using the methodology described in section 163 (2) of this 2017 Act [468A.272 (Fuel supply forecast) (2)].

(d) Additional mechanisms that may be necessary to manage and contain the costs of compliance with the low carbon fuel standards.

(e) Whether adjustments to the low carbon fuel standards or the clean fuels program are necessary, including for purposes of achieving regional harmonization and consistency with the strategy described in ORS 184.617 (Functions of commission) (1)(j).

(f) The effects of the maximum price for credits in the credit clearance market, as provided for in section 166 of this 2017 Act [468A.276 (Credit clearance markets)], on implementation of sections 159 to 167 of this 2017 Act.

(g) Adjustments that could serve to strengthen and enhance the low carbon fuel standards or the clean fuels program in terms of increased emissions reductions or other net benefits attributable to the standards or program.

(3) The review conducted by the department under this section must take into consideration the fuel supply forecast required by section 163 of this 2017 Act and may be conducted in coordination with the division of the Oregon Department of Administrative Services that serves as office of economic analysis. [2017 c.750 §170]

(formerly 468.360 to 468.405)

Atty. Gen. Opinions

Motor Vehicle Emission Control Inspec­tion Program funding, (1974) Vol 37, p 130

1 Legislative Counsel Committee, CHAPTER 468A—Air Quality, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors468A.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 468A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468A.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information