justicedao/ipfs_state_laws huggingface dataset:
340-273-0030 Acronyms (1) “CCI” means community climate investment. (2) “CFR” means Code of Federal Regulations. (3) “CPI-U West” means the US Bureau of Labor and Statistics West Region Consumer Price Index for All Urban Consumers for all Items. (4) “CPP” means Oregon Climate Protection Program established in this division. (5) “DEQ” means Oregon Department of Environmental Quality. (6) “EITE” means emissions-intensive and trade- exposed. (7) “EQC” means Environmental Quality Commission. (8) “EPA” means US Environmental Protection Agency. (9) “IRS” means US Internal Revenue Service. (10) “Metric tons of CO2e” or “MT CO2e” means metric tons of carbon dioxide equivalent. (11) “NAICS” means North American Industry Classification System. (12) “US” means United States. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0090 Overview of Program Provisions for Covered Entities and CCI Entities (1) OAR 340-273-0100 describes general requirements for covered entities. (2) OAR 340-273-0110 describes which air contamination sources are covered entities subject to the requirements of the CPP. (3) OAR 340-273-0120, OAR 340-273-0130, and 340-273-0150 describe covered entity requirements including notifying DEQ of changes in ownership, operational control, and related entities; cessation of applicability; and requirements to obtain CPP permits, respectively. (4) OAR 340-273-0400 describes the generation of compliance instruments under the cap. (5) OAR 340-273-0410 through OAR 340-273-0890 describe the provisions that apply to covered entities . (6) OAR 340-273-0900 through OAR 340-273-0990 describe the provisions for how DEQ will approve CCI entities and how CCI entities will implement eligible projects supported by CCI funds. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.065, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 23-2025, minor correction filed 08/05/2025, effective 08/05/2025 DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0100 Oregon Climate Protection Program Requirements (1) A person who owns or operates a covered entity must comply with the rules in this division, including all provisions of this division that create any type of obligation of, or requirement that applies to, the covered entity that such person owns or operates. Compliance with this division does not relieve a person who owns or operates a covered entity of the obligation to comply with any other provisions of OAR chapter 340, as applicable. (2) A person who owns or operates a covered entity identified in OAR 340-273-0110 must apply for and hold a CPP permit according to OAR 340-273-0150 that authorizes the person’s covered emissions and subjects the person to the requirements of this division. (3) A person who owns or operates a covered entity must submit reports and attestations required in this division, as applicable. (4) A person who owns or operates a covered entity must develop and retain all records required in this division, as applicable. (5) A person who owns or operates a covered entity must use forms and reporting tools approved and issued by DEQ for all certifications, attestations and submissions. All submissions must be made electronically unless otherwise requested or approved by DEQ. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.065, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0400 Generation of Compliance Instruments (1) Each year, DEQ will generate the number of compliance instruments equal to the cap for the calendar year identified in Table 2 in OAR 340-273-9000. (2) Additional 2025 compliance instruments. DEQ will add together the 2022, 2023, and 2024 emissions that would have been considered covered emissions as described in OAR 340-273-0110(3)(B) for all fuel suppliers that individually, or as a group of related entities, had covered emissions greater than or equal to 200,000 MT CO2e from any calendar year between 2018 and 2022, and DEQ will compare these total emissions to a benchmark of 81,003,850 MT CO2e. If the total emissions from those fuel suppliers are at least 10,000 MT CO2e below the benchmark, DEQ will generate additional compliance instruments equal to the difference between those total emissions and 81,003,850 and will distribute those additional compliance instruments in 2025 as described in OAR 340-273-0420(5). (3) A compliance instrument is a regulatory instrument and does not constitute personal property, a security or any other form of property. (4) Compliance instruments may not be divided into fractions. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 8-2025, temporary amend filed 03/17/2025, effective 03/17/2025 through 09/12/2025 DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0430 Holding Compliance Instruments (1) A covered entity that is issued or acquires a compliance instrument under this division may continue to hold the compliance instrument until any of the following apply: (a) The covered entity uses the compliance instrument toward its demonstration of compliance with a compliance obligation according to OAR 340-273-0450; (b) The covered entity transfers the compliance instrument to another covered entity according to OAR 340-273-0500; or (c) The covered entity has ceased being a covered entity according to OAR 340-273- 0130. When this occurs, DEQ may, at its discretion: (A) Retire the compliance instrument; (B) Hold the compliance instrument in the compliance instrument reserve described in OAR 340-273-0420(3); or (C) Distribute the compliance instrument to covered fuel suppliers according to OAR 340-273-0420, by adding the compliance instrument to the total compliance instruments to be distributed to covered fuel suppliers during the next annual distribution of compliance instruments. DEQ will only distribute the compliance instrument if there are at least 10,000 compliance instruments to distribute. (2) For each covered fuel supplier that is not a local distribution company, a compliance instrument holding limit reduction will be calculated on November 22 of the year following the end of each compliance period, or 25 days after DEQ’s notification in OAR 340-273-0450(1), whichever is later. A covered fuel supplier’s compliance instrument holding limit reduction is the number of compliance instruments from any prior year held by the covered fuel supplier on that date that exceeds one and a half times the sum of the covered fuel supplier’s annual compliance obligation(s) and biofuel emissions for each year of the prior compliance period. In the year subsequent to the year after the end of a compliance period, if a fuel supplier did not receive any compliance instruments in the distribution under section OAR 340-273-0420(4) in the prior year because its compliance instrument holding limit reduction exceeded the number of compliance instruments that it otherwise would have been distributed, then the fuel supplier’s compliance instrument holding limit reduction will be reduced as provided in subparagraph OAR 340-273-0420(4)(b)(B)(vi), and such reduced compliance instrument holding limit reduction will be used in the subsequent year’s compliance instrument distribution calculation under section OAR 340-273-0420(4). Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0440 Compliance Periods (1) The first compliance period is three consecutive calendar years. Each subsequent compliance period is two consecutive calendar years. (2) The first compliance period begins with calendar year 2025 and includes calendar years 2026 and 2027. (3) A new compliance period begins with the calendar year following the last calendar year of the preceding compliance period. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0490 Recordkeeping Requirements Related to Demonstration of Compliance (1) A covered entity must retain the following records necessary for determining compliance obligations, in paper or electronic format, for a period of at least seven years beginning September 30 of the year following a year in which covered emissions occurred: (a) Records according to the recordkeeping requirements of OAR chapter 340, divisions 215 and 272, as applicable; (b) Copies of reports and forms submitted to DEQ related to determination of compliance obligations according this division and OAR chapter 340, divisions 215 and 272, including but not limited to: (A) Applicable emissions data reports submitted according to OAR chapter 340, division 215; and (B) Applicable verification statements submitted according to OAR chapter 340, division 272; and (c) All other information and documentation used to calculate and report emissions and used to determine emissions and compliance obligations according to this division. (2) A covered entity must retain the following records necessary for supporting demonstration of compliance, according to OAR 340-273-0450, in paper or electronic format for a period of at least seven years following the deadline for demonstration of compliance in OAR 340-273-0450: (a) Copies of reports and forms submitted to DEQ related to demonstration of compliance, including but not limited to demonstration of compliance forms; and (b) All other information and documentation used to support demonstration of compliance. (3) A covered entity must make available to DEQ upon request all of the records it is required to retain according to this rule. DEQ will specify the date by which the covered entity must fulfill a records request from DEQ. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0500 Trading of Compliance Instruments (1) Covered entities may trade one or more compliance instruments only according to this rule. A covered entity may transfer one or more compliance instruments to another covered entity up to the amount that it has available and has not used to demonstrate compliance. A covered entity may acquire one or more compliance instruments from another covered entity. (2) Covered entities may not trade fractions of a compliance instrument. All compliance instrument trades must be of whole compliance instruments. (3) Covered entities may not engage in a trade of a compliance instrument involving, related to, in service of, or associated with any of the following: (a) Fraud, or an attempt to defraud or deceive using any device, scheme or artifice; (b) Use of any unconscionable tactic in connection with the transfer, by any person; (c) Any false report, record, or untrue statement of material fact or omission of a material fact related to the transfer or conditions that would relate to the value of the compliance instrument being traded. A fact is material if it is reasonably likely to influence a decision by another person or by DEQ; (d) Any activity intended to lessen competition or tend to create a monopoly, or to injure, destroy or prevent competition in the market for compliance instruments; (e) A conspiracy in restraint of trade or commerce; or (f) An attempt to monopolize holding of compliance instruments, or to combine, collude, or conspire with any other person or persons to monopolize. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0590 Recordkeeping Requirements Related to Trading (1) A covered entity that transfers one or more compliance instruments in a trade according to OAR 340-273-0510 must retain the following records related to each trade, in paper or electronic format for a period of at least seven years following the submission date of a complete compliance instrument trade form: (a) A copy of each compliance instrument trade form submitted to DEQ; (b) A copy of any invoice or documentation of monetary payment received related to the trade; (c) A statement from a financial institution showing receipt of any payment for the compliance instrument; (d) Documentation of any service or other qualitative compensation received related to the trade; and (e) A copy of all other data, reports, or other information related to the trade. (2) A covered entity that acquires one or more compliance instruments in a trade according to OAR 340-273-0510 must retain the following records related to each trade, in paper or electronic format for a period of at least seven years following the submission date of a complete compliance instrument trade form: (a) A copy of each compliance instrument trade form submitted to DEQ; (b) A copy of any invoice or documentation of monetary payment related to the trade; (c) A statement from a financial institution showing any payment for the compliance instrument; (d) Documentation of any service or other qualitative compensation provided related to the trade; and (e) A copy of all other data, reports, or other information related to the trade. (3) Covered entities must make the records retained according to this rule available to DEQ upon request. DEQ will specify the date by which the covered entity must fulfill a records request from DEQ. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0820 Generation and Distribution of Community Climate Investment Credits (1) DEQ will review an application submitted according to OAR 340-273-0810 to ensure that it meets the requirements of that rule. DEQ will inform the applicant either that the submitted application is complete or that additional specific information is required to make the application complete. If DEQ determines that the application is incomplete or does not meet the requirements of OAR 340-273-0810, DEQ will not consider the application further until the applicant provides the additional information requested by DEQ. (2) DEQ will approve an application for CCI credits submitted by a covered entity if DEQ determines that the application is accurate and complete according to the requirements of OAR 340-273-0810, and DEQ determines that the CCI funds have been provided to an approved CCI entity that is in good standing according to OAR 340-273-0910 through OAR 340-273-0990. (3) Approval of an application for CCI credits. (a) Upon approval of an application for CCI credits, DEQ will notify the applicant in writing that DEQ has approved the application and will generate and distribute to the covered entity the quantity of CCI credits approved according to subsection (b). (b) The amount of CCI credits that DEQ will generate and distribute to the covered entity is one CCI credit for every verified contribution of the CCI credit contribution amount that a covered entity provides to a CCI entity, rounded down to the nearest whole number. The CCI credit contribution amount is the applicable amount in Table 6 in OAR 340-273-9000 for the date the contribution was made, with the CCI credit contribution amount adjusted for inflation and rounded to the nearest dollar using the inflation rate since January 2024, as provided by the United States Bureau of Labor and Statistics West Region Consumer Price Index for All Urban Consumers for all Items. DEQ will post the current, inflation adjusted CCI credit contribution amount on its website effective March 1 of each year. The formula for the adjustment is as follows: CCI Credit Contribution Amount = CCI Credit Contribution Amount in Table 6 in OAR 340-273-9000 * (CPI-U West for January of the calendar year for the price in Table 6 in OAR 340-273-9000 that is currently in effect / CPI-U West for January 2024) (4) A CCI credit is a regulatory instrument and does not constitute personal property, a security or any other form of property. (5) DEQ will track distributed CCI credits. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0830 Holding Community Climate Investment Credits (1) After DEQ distributes a CCI credit to a covered entity according to OAR 340-273- 0820, the covered entity may continue to hold the CCI credit until any of the following apply: (a) The covered entity uses the CCI credit toward its demonstration of compliance according to OAR 340-273-0450; (b) Two demonstration of compliance deadlines described in OAR 340-273-0450(2) have passed since the date DEQ provided written notice of its approval of the CCI credit to the covered entity according to OAR 340-273-0820 and the covered entity has not used the CCI credit in its demonstration(s) of compliance. In such a case, DEQ will cancel the CCI credit. A cancelled CCI credit may not be used toward demonstration of compliance; or (c) The covered entity has ceased being a covered entity according to OAR 340-273-0130. When a covered entity ceases to be a covered entity, DEQ will cancel the CCI credit at the time of such cessation. A cancelled CCI credit may not be used toward any demonstration of compliance. (2) Only the covered entity that receives a CCI credit from DEQ may hold the CCI credit. CCI credits may not be traded. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0890 Recordkeeping Requirements Related to Community Climate Investment Funds (1) A covered entity that provides CCI funds to a CCI entity must retain the following records, in paper or electronic format, for a period of time that begins with the date it provides the CCI funds and lasts seven years after all resulting CCI credits are submitted to demonstrate compliance or are cancelled: (a) A copy of any invoice or documentation of monetary payment related to CCI funds; (b) A statement from a financial institution showing any payments related to CCI funds; (c) A copy of any receipt received from a CCI entity; and (d) All other information and documentation related to the CCI funds provided to a CCI entity. (2) A covered entity must retain the following records, in paper or electronic format, for a period that begins the date it applies for a CCI credit and lasts seven years after the CCI credit is used to demonstrate compliance or is cancelled: (a) A copy of each application submitted to DEQ to request CCI credits; and (b) All other information and documentation related to CCI credit(s) received from DEQ. (3) A covered entity must make available to DEQ upon request all of the records it is required to retain according to this rule. DEQ will specify the date by which the covered entity must fulfill a records request from DEQ. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.040 & 468A.050 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468A.050, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0900 Purposes of Community Climate Investments and Eligible Uses of CCI Funds (1) The purposes of community climate investments are to: (a) Provide covered entities with an optional means of meeting part of their compliance obligation for one or more compliance periods; (b) Reduce anthropogenic greenhouse gas emissions in Oregon by an average of at least one MT CO2e per CCI credit distributed by DEQ; (c) Reduce emissions of other air contaminants that are not greenhouse gases, particularly in or near environmental justice communities in Oregon; (d) Promote public health, environmental, and economic benefits for environmental justice communities throughout Oregon to mitigate impacts from climate change, air contamination, energy costs, or any combination of these; and (e) Accelerate the transition of residential, commercial, industrial and transportation- related uses of fossil fuels in or near environmental justice communities in Oregon to zero or to other lower greenhouse gas emissions sources of energy in order to protect people, communities and businesses from increases in the prices of fossil fuels. (2) A CCI entity may use CCI funds only for: (a) Implementing eligible projects in Oregon, which are actions that reduce anthropogenic greenhouse gas emissions that would otherwise occur in Oregon in the transportation, residential, industrial and commercial sectors. Eligible projects include, without limitation, actions that reduce emissions in Oregon resulting from: (A) Transportation of people, freight, or bot h; (B) An existing or new residential use or structure; (C) An existing or new industrial process or structure; and (D) An existing or new commercial use or structure. (b) The costs of administering CCI funds and eligible projects, including costs of reporting and other requirements included in OAR 340-273-0930 and costs of capacity- building for implementation of eligible projects. (3) A CCI entity must use a minimum of 15% of CCI funds that are used for implementing eligible projects for projects that benefit federally recognized tribes and tribal communities in Oregon. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.040 Statutes/Other Implemented: ORS 468.020, 468A.025, 468A.040, 468.035, 468A.010, 468A.015 & 468A.045 History: DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024