justicedao/ipfs_state_laws huggingface dataset:
340-257-0010 Purpose The purpose of this division is to establish an Oregon Low Emission and Zero Emission Vehicle program that implements California vehicle emission standards under section 177 of the federal Clean Air Act. This program establishes criteria and procedures for the manufacture, distribution and sale of new motor vehicles and trucks in Oregon as listed in OAR 340-257-0050. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.010, 468A.015, 468A.025 & 468A.360 History: DEQ 17-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 13-2013, f. & cert. ef. 12-19-13 DEQ 6-2006, f. & cert. ef. 6-29-06 DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06
340-257-0020 Applicability and Effective Date (1) This division is in effect as of January 1, 2006 as it applies to and establishes requirements for automobile manufacturers, Oregon motor vehicle dealers, and all 2009 and subsequent model year passenger cars, light-duty trucks, medium-duty vehicles, and medium-duty passenger vehicles registered, leased, rented, delivered for sale or sold in the State of Oregon, except as provided in OAR 340-257-0060 Exemptions. (2) This division is in effect as of January 1, 2022 as it applies to and establishes requirements for medium- and heavy-duty truck manufacturers, Oregon truck dealers, and all 2025 and subsequent model year medium-duty trucks, and heavy-duty trucks produced and delivered for sale in the State of Oregon, except as provided in OAR 340-257-0060 Exemptions. (3) A one-time fleet reporting requirement, effective upon adoption of this rule, which will allow DEQ to collect information to understand the use of medium- and heavy-duty vehicles, applies to persons as described in OAR 340-257-0200. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.010, 468A.015, 468A.025 & 468A.360 History: DEQ 17-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 13-2013, f. & cert. ef. 12-19-13 DEQ 6-2006, f. & cert. ef. 6-29-06 DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06
340-257-0040 Requirement to Meet California Vehicle Emission Standards (1) Starting with the 2009 model year and for each model year thereafter no person may lease, rent out, license, deliver for sale, or sell any vehicle unless such vehicle is certified to the California emission standards as required under OAR 340-257-0050(1) and (2), except as provided in 340-257-0060, Exemptions. (2) Starting with the 2025 model year and for each model year thereafter no person may produce and deliver for sale any vehicle unless such vehicle is certified to the California emission standards as required under OAR 340-257-0050(1) and (3), as applicable, except as provided in 340-257-0060, Exemptions. (3) All vehicle manufacturers must comply with the fleet average emission requirements and the warranty, recall, and other applicable requirements contained in this division. (4) All motor vehicle dealers must comply with the sales and reporting requirements contained in this division. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.020 History: DEQ 17-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 6-2006, f. & cert. ef. 6-29-06 DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06
340-257-0055 Enforcement of Advanced Clean Trucks Requirements The requirements in sections (1) through (3) apply to all vehicle manufacturers that are subject to the rules adopted by reference in OAR 340-257-0050(3). (1) Audit of Records. A manufacturer must make records of vehicle sales into Oregon available to the DEQ within 30 days of a request for audit to verify the accuracy of the reported information. Submitting false information is a violation of this regulation. (2) Authority to Suspend, Revoke, or Modify. If the DEQ finds that any ZEV or NZEV credit was obtained based on false information, the credit will be deemed invalid and DEQ may suspend, revoke or modify the credit, as DEQ determines is appropriate. (3) Violation for Failure to Meet Credit and Deficit Requirements. Any manufacturer that fails to retire an appropriate amount of ZEV or NZEV credits as specified in CCR Title 13, section 1963.3(c), adopted by reference in OAR 340-257-0050(3)(d), and that does not make up deficits within the specified time allowed by CCR Title 13, section 1963.3(b), shall be in violation of these rules. The violation shall be deemed to accrue when the deficit is not balanced by the end of the specified time allowed by CCR Title 13, section 1963.3(b). For the purposes of calculating the number of violations that have occurred or the amount of the civil penalty under OAR chapter 340, division 12, the number of vehicles not meeting the DEQ’s standards or procedures shall be equal to the manufacturer's outstanding deficit. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: 468A.025, ORS 468.010, 468A.015 & 468A.360 History: DEQ 17-2021, adopt filed 11/17/2021, effective 11/17/2021
340-257-0060 Exemptions The following vehicles are not subject to this division: (1) Military tactical vehicles; (2) Vehicles sold for registration and use in a state that is not subject to the California vehicle emission standards; (3) Previously registered vehicles with more than seven thousand five hundred miles, provided that for vehicle dealers, the mileage at the time of sale is determined by the odometer statement when the dealer acquired the vehicle; (4) Vehicles available only for rent to a final destination in a state that is not subject to the California vehicle emission standards; (5) Vehicles purchased by a nonresident before establishing residency in the State of Oregon, regardless of the mileage on the vehicle; (6) Vehicles purchased by Oregon residents while assigned to active government service outside the State of Oregon; (7) Vehicles transferred from one person to another due to: death, inheritance, devise or bequest; divorce, dissolution, annulment or legal separation; merger or consolidation; bankruptcy; court judgment or decree; or possessory lien, seizure or foreclosure; (8) Emergency vehicles; (9) A vehicle acquired by an Oregon resident to replace a vehicle registered to such resident that was stolen, damaged or failed beyond reasonable repair while out of state, provided that such replacement vehicle is acquired out of state when the previously-owned vehicle was either stolen, damaged, or failed beyond reasonable repair; and (10) Custom and assembled vehicles that: (a) Will be maintained for occasional transportation, exhibitions, club activities, parades, tours, testing of operation, repair, maintenance and similar uses; and (b) Will not be used for general daily transportation. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.020 History: DEQ 6-2011, f. & cert. ef. 4-29-11 DEQ 6-2006, f. & cert. ef. 6-29-06 DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06
340-257-0080 ZEV Sales Requirement (1) Effective model year 2009 through 2017, each manufacturer must comply with the ZEV sales requirement contained in CCR, Title 13, section 1962.1, including early credit and banking provisions. (2) Effective model year 2018 through 2025 for passenger cars, light-duty trucks and medium-duty vehicles delivered for sale in Oregon, each manufacturer must comply with the ZEV sales requirement contained in CCR, Title 13, section 1962.2 including early credit and banking provisions. (3) Effective model year 2026 and in each subsequent model year for passenger cars, light-duty trucks and medium-duty vehicles delivered for sale in Oregon, each manufacturer must comply with the ZEV sales requirement contained in CCR, Title 13, section 1962.4 including early credit and banking provisions. (4) Effective model year 2025 and each subsequent model year for medium and heavy-duty vehicles, each manufacturer must comply with the ZEV sales requirement contained in CCR, Title 13, section 1963.1. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.010, 468A.015, 468A.025 & 468A.360 History: DEQ 23-2022, amend filed 12/19/2022, effective 12/19/2022 DEQ 17-2021, amend filed 11/17/2021, effective 11/17/2021 DEQ 172-2018, minor correction filed 04/16/2018, effective 04/16/2018 DEQ 13-2013, f. & cert. ef. 12-19-13 DEQ 6-2006, f. & cert. ef. 6-29-06 DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06
340-257-0110 Additional Reporting Requirements (1) The manufacturer must submit to DEQ one copy of the California Executive Order and Certificate of Conformity for certification of new motor vehicles for each engine family to be sold in the State of Oregon within thirty (30) days of DEQ’s request. If such reports are available electronically, the manufacturer must send the record in an electronic format acceptable to the director or the director's designee. (2) To determine compliance with this division, DEQ may require any vehicle manufacturer to submit any documentation DEQ deems necessary to the effective administration and enforcement of this division, including all certification materials submitted to CARB. (3) Upon request, dealers must report to DEQ the sale of each previously-titled light-duty and medium-duty motor vehicle subject to this division. The report must include the following information and be submitted in a manner DEQ prescribes: (a) The dealer's name and address; (b) Vehicle description including make and model year; (c) The vehicle identification number; (d) Date of sale; (e) The California or federal emission category to which the vehicle is certified; and (f) Evidence of any applicable exemption. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.010, 468A.015, 468A.025 & 468A.360 History: DEQ 13-2013, f. & cert. ef. 12-19-13 DEQ 6-2011, f. & cert. ef. 4-29-11 DEQ 6-2006, f. & cert. ef. 6-29-06 DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06
340-257-0120 Warranty Requirements (1) For all 2009 and subsequent model year vehicles subject to the provisions of this division, each manufacturer must provide, to the ultimate purchaser and each subsequent purchaser, a warranty that complies with the requirements contained in CCR, Title 13, sections 1962.8, 2035 through 2038, 2040, and 2046. (2) The 15-year or 150,000-mile extended warranty specified in CCR, Title 13, section 1962.1(c)(2)(D) for PZEVs is not included as a requirement of this rule or OAR 340-257-0050, for the period 2009 through 2017 provided that PZEVs delivered for sale to Oregon are equipped with the same quality components as PZEVs supplied to areas where the full 15-year or 150,000-mile warranty remains in effect. The provisions of this section do not amend the requirements of CCR, Title 13, section 1962.1(c)(2)(D) that indicate the warranty period for a zero emission energy storage device used for traction power will be 10 years or 150,000 miles, whichever occurs first. (3) For all 2009 and subsequent model year vehicles subject to the provisions of this division, each manufacturer must include the emission control system warranty statement that complies with the requirements in CCR, Title 13, section 2039. Manufacturers must submit the documents required by subsections (a) and (b) of section 2039 only upon the Department’s request. Manufacturers may modify this statement as necessary to inform Oregon vehicle owners of the warranty's applicability. The manufacturer must provide a telephone number that Oregon consumers can use to learn answers to warranty questions. (4) Upon the Department's request, any manufacturer must submit to the Department Failure of Emission-Related Components reports as defined in CCR, Title 13, section 2144, for vehicles subject to this regulation. For purposes of compliance with this requirement, manufacturers may submit copies of the Failure of Emission-Related Components reports that are submitted to the California Air Resources Board in lieu of submitting reports for vehicles subject to this division. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.010, 468A.015, 468A.025 & 468A.360 History: DEQ 23-2022, amend filed 12/19/2022, effective 12/19/2022 DEQ 13-2013, f. & cert. ef. 12-19-13 DEQ 6-2011, f. & cert. ef. 4-29-11 DEQ 6-2006, f. & cert. ef. 6-29-06 DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06
340-257-0130 Recalls (1) Any order issued or enforcement action taken by CARB to correct noncompliance with any section of Title 13, that results in the recall of any vehicle pursuant to CCR, Title 13, sections 2109–2135, will be prima facie evidence concerning vehicles registered in Oregon. If the manufacturer can demonstrate to the Department's satisfaction that the order or action is not applicable to vehicles registered in Oregon, the Department will not pursue a recall of vehicles registered in Oregon. (2) Any voluntary or influenced emission-related recall campaign initiated by any manufacturer pursuant to CCR, Title 13, sections 2113–2121 must extend to all applicable vehicles registered in Oregon. If the manufacturer can demonstrate to the Department's satisfaction that said campaign is not applicable to vehicles registered in Oregon, the campaign will not apply in Oregon. (3) For vehicles subject to an order of enforcement action under section (1) of this rule, each manufacturer must send to owners of vehicles registered in the State of Oregon a notice that complies with the requirements in CCR, Title 13, sections 2118 or 2127. The manufacturer must provide a telephone number that Oregon consumers can use to learn answers to questions about any recall that affects Oregon vehicles. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.020 History: DEQ 6-2006, f. & cert. ef. 6-29-06 DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06
340-257-0140 Permits and Fees (1) "Indirect source" as defined in OAR 340-254-0030(6) includes a large or intermediate volume manufacturer for purposes of 340-0254-0010. Such sources are subject to permit and fee requirements as specified in section (2) of this rule and not the provisions in 340-254-0040 to 340-254-0080. (2) Beginning January 1, 2007, each large-volume or intermediate-volume vehicle manufacturer offering light duty or medium duty vehicles for sale in Oregon must have a Motor Vehicle Indirect Source permit issued by DEQ. Each Motor Vehicle Indirect Source permit will be issued for a period of up to 10 years and is subject to an annual fee. (3) Each large-volume and intermediate-volume manufacturer must report to DEQ the number of light and medium-duty vehicles it delivered for sale in Oregon during the previous model year. These reports must be submitted to DEQ by March 1 of each year except as provided in section (7) of this rule. (4) DEQ will assess annual permit fees for each large and intermediate-volume manufacturer for periods beginning July 1 and ending June 30 of the subsequent year except as provided in section (7) of this rule. (5) DEQ will assess annual permit fees by apportioning a total of $200,000 among all Motor Vehicle Indirect Source Permit holders according to each permit holder's reported market share for the previous model year except as provided in section (7) of this rule. In the event that not all required data are reported, DEQ will estimate the total Oregon market share for the applicable year and the resulting fees according to means the Department judges to be appropriate. (6) Within 60 days after reports required by this rule are due, DEQ will notify each large and intermediate-volume manufacturer of the fee required for the next permit period. Within 30 days of receiving notice of the required permit fee, each permit holder must remit the specified amount payable to the Oregon Department of Environmental Quality. Motor Vehicle Indirect Source permits for which permit fees are not current will be deemed to have lapsed and will no longer be in effect. (7) The initial report required by section (3) of this rule must be submitted by October 1, 2006. The initial period for which a Motor Vehicle Indirect Source Permit is required begins January 1, 2007 and ends June 30 of the same year. Total permit fees for the initial period will be $200,000. Statutory/Other Authority: ORS 468.065, 468A.010, 468A.015 & 468A.040. Statutes/Other Implemented: ORS 468.020 History: DEQ 6-2011, f. & cert. ef. 4-29-11 DEQ 6-2006, f. & cert. ef. 6-29-06 DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06
340-257-0150 Inspections and Information Requests (1) The Department may inspect new and used motor vehicles and related records for the purposes of determining compliance with the requirements of this division. The Department inspections will occur during regular business hours and on any premises owned, operated or used by any dealer or rental car agency for the purposes of determining compliance with the requirements of this division. (2) For the purposes of determining compliance with this division, the Department may require any vehicle dealer or rental car agency to submit any documentation the Department deems necessary to the effective administration and enforcement of this division. This provision does not require creation of new records. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.020 History: DEQ 6-2006, f. & cert. ef. 6-29-06 DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06
340-257-0160 Severability Each section of this division is severable, and if any section of this regulation is held invalid, the remainder will continue in full force and effect. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.020 History: DEQ 6-2006, f. & cert. ef. 6-29-06 DEQ 10-2005(Temp), f. 12-27-05, cert. ef. 1-1-06 thru 6-30-06
340-257-0200 Fleet Reporting Applicability (1) Except as provided in section (2), the following persons must submit to DEQ all of the information described in OAR 340-270-0210. As used in this rule, all operations conducted by persons under common ownership or control shall be aggregated and considered to be one person to determine fleet reporting applicability. (a) Any person that owns or operates a business with gross annual revenues greater than $50 million in the United States for the 2021 tax year, including revenues from all subsidiaries, subdivisions, or branches, and that operated a facility in Oregon in 2021 that had one or more vehicles over 8,500 pounds GVWR operated in Oregon in 2021. (b) Any person that owns or operates a facility in Oregon and that, in the 2021 calendar year, owned or operated 5 or more vehicles with a GVWR greater than 8,500 pounds. (c) Any person that operated a facility in Oregon and that, in the 2021 calendar year, dispatched 5 or more vehicles with a GVWR greater than 8,500 pounds into or throughout Oregon. (d) Any Oregon government agency, including State and local government, that operated five or more vehicles over 8,500 pounds GVWR in Oregon in 2021. (e) Any Federal government agency that operated five or more vehicles over 8,500 pounds GVWR in Oregon in 2021. (2) The following vehicles and persons are exempt from the reporting requirements and should not be counted or reported for the purposes of the applicability requirements in section (1) or the reporting requirements in OAR 340-257-0210: (a) Military tactical vehicles and military tactical facilities owned or operated by the United States Department of Defense or any of the United States military services; (b) Vehicles awaiting sale; and (c) Emergency vehicles. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.020 History: DEQ 17-2021, adopt filed 11/17/2021, effective 11/17/2021
340-257-0210 General Requirements (1) All persons required to report under this rule must report information to the Department no later than June 30, 2022. (2) Subsidiaries, parent companies, or joint ventures may independently report information for each vehicle over 8,500 pounds. Alternatively, the corporate parent or joint venture business may report on behalf of its subsidiaries, as long as the information for all vehicles over 8,500 pounds is reported for each subsidiary, corporate parent, and joint venture. (3) A person subject to OAR 340-257-0200 through 340-257-0220 and that has brokerage or motor carrier authority, or both, must submit a report, even if no vehicles are owned by the person. (4) Information pertaining to vehicles that are under common ownership or control may be submitted separately by each fleet owner. (5) A person that is a fleet owner may report vehicle data as the fleet was comprised on any date of the person’s choosing, so long as that date falls between January 1, 2021, and December 31, 2021. (6) All information submitted to DEQ shall be public information, unless the person submitting the information asserts a confidentiality claim as provided in OAR 340-214-0130 the information is entitled to confidential treatment as required under the Oregon Public Records Law, ORS 192.311 through 192.478. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.020 History: DEQ 17-2021, adopt filed 11/17/2021, effective 11/17/2021
340-257-0230 Fleet Reporting Recordkeeping (1) A person required to report as identified in OAR 340-257-0200 shall maintain all of the following records related to such reporting for a period of five years after the reporting deadline: (a) For owned on-road vehicles, mileage records and dates from records, such as maintenance logs, vehicle logs, or odometer readings, or other records with the information that the reporting person used to prepare the information the person submitted as required under OAR 340-257-0210; (b) For on-road vehicles not owned, but dispatched by the person, dispatch records and dates, contracts, or other records with the information that the reporting person used to prepare the information the person submitted as required under OAR 340-257-0210; (c) Vehicle registration for each owned vehicle operated in Oregon; and (d) Contracts with persons, or contracts with subhaulers, or other records with the information that the reporting person used to prepare the information the person submitted as required under OAR 340-257-0210. (2) A person subject to OAR 340-257-0200 through 340-257-0220 must respond to requests for clarification of reported information within 14 days of receiving the request from DEQ. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.020 History: DEQ 17-2021, adopt filed 11/17/2021, effective 11/17/2021
340-258-0100 Oxygenated Gasoline: Policy The Environmental Quality Commission finds and determines that control area responsible parties, distributors and retail outlets are “Indirect Sources” as defined in OAR 340-254-0030. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.025 History: DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0440 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92