2017 ORS 468A.805¹
Environmental Mitigation Trust Agreement moneys
  • uses

This section is amended
Effective August 9, 2019
Relating to engine emissions; creating new provisions; amending ORS 468.140, 468A.795, 468A.803, 468A.805, 803.045, 815.095, 815.305, 815.315, 815.320 and 815.325; and declaring an emergency.

(1) Subject to and consistent with ORS 468A.803 (Uses of Clean Diesel Engine Fund) (8) and with the terms of the Environmental Mitigation Trust Agreement, any moneys received by the State of Oregon pursuant to the agreement that are deposited in the Clean Diesel Engine Fund under ORS 468A.801 (Clean Diesel Engine Fund) must be used by the Department of Environmental Quality to award grants for the purpose of reducing nitrogen oxides emissions from diesel engines.

(2)(a) To the extent authorized by the agreement, the department shall allocate moneys awarded pursuant to subsection (1) of this section first to award grants to owners and operators of school buses to reduce emissions from at least 450 school buses powered by diesel engines operating in this state.

(b) In awarding grants under this subsection, the department shall begin by awarding grants to owners and operators of school buses powered by diesel engines that are of the median model year of school buses powered by diesel engines operating in this state, and shall proceed to award grants for school buses powered by diesel engines through the adjoining model years until the requirements of paragraph (a) of this subsection are met. A grant may be awarded under this subsection for any school bus powered by a diesel engine within the control of an owner or operator that meets the following conditions:

(A) The school bus has at least three years of remaining useful life;

(B) Use of the school bus has occurred in Oregon during the year preceding the date of the grant; and

(C) For the three years following receipt of a grant award, use of the school bus to which the owner or operator applies the grant will occur in Oregon.

(c) The grant amount per school bus awarded under this paragraph shall be for:

(A) $50,000 or 30 percent of the cost to purchase a school bus that meets minimum standards adopted by the State Board of Education under ORS 820.100 (Adoption of safety standards for construction and equipment of school vehicles) for the applicable class or type of school bus, whichever is less; or

(B) Up to 100 percent of the cost to retrofit a school bus with emissions-reducing parts or technology that results in a reduction of diesel particulate matter emissions by at least 85 percent when compared with the baseline emissions for the relevant engine year and application.

(3) Except for awarding grants pursuant to subsection (2) of this section, the department may not award grants from the moneys described under subsection (1) of this section without prior approval by the Legislative Assembly by law. [2017 c.742 §10]

(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 (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 468A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468A.­html (2017) (last ac­cessed Mar. 30, 2018).
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.