justicedao/ipfs_state_laws huggingface dataset:
340-271-0890 Recordkeeping Requirements Related to Community Climate Investment Funds (1) A covered fuel supplier 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 fuel supplier 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 fuel supplier 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 fuel supplier 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 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0900 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. Eligible projects include, without limitation, actions that reduce emissions in Oregon resulting from: (A) Transportation of people, freight, or both; (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 340-271-0930 and costs of capacity-building for implementation of eligible projects. 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 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0950 Equity Advisory Committee and Environmental Justice Community Engagement (1) DEQ will appoint and convene an equity advisory committee to assist DEQ with: (a) Review of: (A) Applications to become a CCI entity; (B) Requests for DEQ approval of work plans; and (C) Other submittals by CCI entities that require DEQ review; and (b) Outreach to environmental justice communities. (2) Advisory committee member selection. (a) DEQ may solicit applications from residents of the state of Oregon to be appointed to serve as members of the equity advisory committee and may select the committee from those applications. (b) DEQ will prioritize convening an advisory committee that represents multiple areas of expertise, interest, or lived experience in the following areas: (A) Environmental justice; (B) Impacts of climate change on communities in Oregon; (C) Impacts of air contamination on communities in Oregon; and (D) Greenhouse gas emissions reductions and climate change. (c) DEQ will prioritize convening an advisory committee that represents multiple regions across Oregon. (d) DEQ may appoint each committee member to a term of up to three years. (3) In addition to outreach conducted by CCI third party entities to environmental justice communities throughout Oregon, DEQ will conduct outreach to these communities to seek input on projects that may be of interest to those communities. The equity advisory committee will consider this input when assisting DEQ as described in section (1). DEQ will consider this input when making approval decisions regarding CCI entities, projects and project types, and work plans. (4) DEQ will offer guidance and conduct outreach to support the equity advisory committee and environmental justice communities in Oregon in understanding the provisions related to CCIs. 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 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-0990 Recordkeeping Requirements for Community Climate Investment Entities (1) A CCI entity must retain the following records, in paper or electronic format, for the duration of its approval as a CCI entity and for a period of at least seven years following the end of its approval: (a) A copy of each application submitted to DEQ for approval as a CCI entity; (b) A copy of any invoice or documentation of monetary payment related to CCI funds; (c) A statement from a financial institution showing any payments related to CCI funds; (d) A copy of any receipt provided to a covered fuel supplier that makes a CCI payment to the CCI entity; (e) A copy of any work plan submitted to DEQ by the CCI entity; (f) A copy of any report or written request for approval submitted to DEQ by the CCI entity; (g) All other information and documentation related to CCI funds; (h) All records related to any implemented projects; and (i) All records and information supporting estimates of greenhouse gas emissions reductions and other air contaminant emissions reductions achieved from implemented projects or project types. (2) CCI entities must make records required to be retained in this rule available to DEQ upon request. DEQ will specify the date by which the CCI entity must fulfill a records request from DEQ. 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 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-8110 Deferrals DEQ may extend reporting or demonstration of compliance deadlines as DEQ deems necessary or appropriate and will issue written notice of any extensions. 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 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-8120 Severability Each requirement of this division is severable, and if any requirement of this division is held invalid, the remainder of the requirements of this division will continue in full force and effect. 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 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-271-9000 Tables (1) Table 1. Thresholds for applicability described in OAR 340-271-0110(3). (2) Table 2. Oregon Climate Protection Program caps. (3) Table 3. Compliance instrument reserve size. (4) Table 4. Compliance instrument distribution to covered fuel suppliers that are local distribution companies. (5) REPEALED effective November 16, 2023. (6) Table 6. Covered fuel supplier allowable usage of community climate investment credits to demonstrate compliance as described in OAR 340-271-0450(3). (7) Table 7. CCI credit contribution amount. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] 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 17-2023, amend filed 11/16/2023, effective 11/16/2023 DEQ 27-2021, adopt filed 12/16/2021, effective 12/16/2021
340-272-0010 Purpose and Scope (1) The purpose of this division is to establish requirements for responsible entities that must engage the services of a verification body approved by DEQ to perform verification under this division for emissions data reports submitted under OAR chapter 340, division 215, reports or fuel pathway applications submitted under OAR chapter 340, division 253, or any combination therein, and to establish requirements for verification bodies and verifiers seeking DEQ approval to perform the third party verifications. (2) This division supports the following programs: (a) Greenhouse Gas Reporting Program as adopted under OAR chapter 340, division 215; and (b) Clean Fuels Program as adopted under OAR chapter 340, division 253. (3) LRAPA. Notwithstanding Lane Regional Air Protection Agency authorization in OAR 340-200-0010(3), DEQ administers this division in all areas of the State of Oregon. Statutory/Other Authority: ORS 468.020, 468A.050, 468A.266, 468A.271, 468A.277 & 468A.280 Statutes/Other Implemented: ORS 468A.010, 468A.015, 468A.050, 468A.265 through 468A.277 & 468A.280 History: DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020
340-272-0355 DEQ Data Requests and Audits (1) DEQ data requests and audits of responsible entities. (a) Upon written request by DEQ, the responsible entity must provide the data used to generate a report or fuel pathway application including all data made available to the verification team engaged by the responsible entity to perform verification, within 14 calendar days of DEQ’s request. (b) Upon written notification by DEQ, the responsible entity must make itself, its personnel, and other entities in its feedstock and finished fuel supply chain, as applicable, available for a DEQ audit. (2) DEQ data requests and audits of verification bodies. (a) Upon written request by DEQ, the verification body must provide to DEQ the verification report given to the responsible entity, as well as the sampling plan, contracts for verification, and any other supporting documents, within 14 calendar days. (b) Upon written notification by DEQ, the verification body must make itself and its personnel available for a DEQ audit. Statutory/Other Authority: ORS 468.020, 468A.050, 468A.266, 468A.271, 468A.277 & 468A.280 Statutes/Other Implemented: ORS 468A.010, 468A.015, 468A.050, 468A.265 through 468A.277 & 468A.280 History: DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020
340-272-0410 Scoping Verification Services (1) Before beginning work on a verification, the responsible entity and the verification team must discuss the activities and scope of the verification services and there must be a transfer of information and documents that are needed for initial verification services. (2) The verification team must review original documents and supporting data provided to them by the responsible entity. (3) Before conducting any site visits, the verification team must create a verification plan that meets the requirements of OAR 340-272-0415 and a draft sampling plan that meets the requirements of OAR 340-272-0425. Statutory/Other Authority: ORS 468.020, 468A.050, 468A.266, 468A.271, 468A.277 & 468A.280 Statutes/Other Implemented: ORS 468A.010, 468A.015, 468A.050, 468A.265 through 468A.277 & 468A.280 History: DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020
340-272-0435 Documentation of Differences and Modifications to Reports and Fuel Pathway Applications (1) While conducting verification services and data checks, the verification team must: (a) Determine correctable errors using professional judgment, including whether differences are not errors but result from truncation, rounding, or averaging; and (b) Document the source of any difference identified, including whether the difference results in a correctable error or whether the difference does not require further investigation because it is the result of truncation, rounding, or averaging. (2) As a result of data checks conducted by the verification team and before completion of a verification statement(s), the responsible entity must fix all correctable errors that affect the data in the submitted report or fuel pathway application, and submit a revised report or fuel pathway application to DEQ. (a) Failure to fix all correctable errors identified before the completion of the verification services and submit a revised report or fuel pathway application to DEQ will result in an adverse verification statement. (b) Failure to fix misreported data that do not affect credit or deficit calculations in CFP reports submitted under OAR chapter 340, division 253 represents a nonconformance but does not, absent other errors, result in an adverse verification statement. (c) Failure to fix misreported data that do not affect emissions in emissions data reports submitted under OAR chapter 340, division 215 represents a nonconformance but does not, absent other errors, result in an adverse verification statement. Statutory/Other Authority: ORS 468.020, 468A.050, 468A.266, 468A.271, 468A.277 & 468A.280 Statutes/Other Implemented: ORS 468A.050, 468A.265 through 468A.277, 468A.280, ORS 468A.010 & 468A.015 History: DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020
340-272-0440 Findings (1) To verify that the report or fuel pathway application is free of material misstatements, the verification team must make its own determination of emissions for checked sources or make its own calculation of specified data types reported by substituting the checked data from OAR 340-272-0430, and, as applicable: (a) The verification team must determine whether there is reasonable assurance that the CFP report or fuel pathway application submitted under OAR chapter 340, division 253 does not contain a material misstatement as calculated according to OAR 340-272-0450 or OAR 340-272-0455, as applicable; or (b) The verification team must determine whether there is reasonable assurance that the GHG Reporting Program emissions data report submitted under OAR chapter 340, division 215 does not contain a material misstatement in emissions as calculated according to OAR 340-272-0460. (2) To assess conformance, the verification team must review the methods and factors used to develop the report or fuel pathway application for adherence to the requirements of this division and ensure that the requirements of OAR chapter 340, division 215 and OAR chapter 340, division 253 are met, as applicable. Statutory/Other Authority: ORS 468.020, 468A.050, 468A.266, 468A.271, 468A.277 & 468A.280 Statutes/Other Implemented: ORS 468A.010, 468A.015, 468A.050, 468A.265 through 468A.277 & 468A.280 History: DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020
340-272-0445 Log of Issues (1) Ther verification team must keep a log that documents any issues identified in the course of verification that may affect determinations of material misstatement and nonconformance, whether identified by the verification team, by the responsible entity regarding the original or subsequent submitted reports, or by DEQ. The log of issues must contain the following: (a) Identification of the regulatory section related to the material misstatement, nonconformance, or potential nonconformance, if applicable, and indication if the issues were corrected by the responsible entity before completing the verification services; (b) Documentation of any other concerns with the preparation of the report or fuel pathway application, which must also be communicated to the responsible entity during the course of verification services; and (c) Indication of whether each issue has a potential bearing on material misstatement, nonconformance, or both, and whether an adverse verification statement may result if not addressed. (2) If quarterly review is conducted before an annual verification for CFP reports submitted under OAR chapter 340, division 253, any issues identified that may affect determinations of material misstatement or nonconformance must be documented in the log of issues during the quarterly review. The log of issues for the annual verification must include the cumulative record of issues from all quarterly reviews, as well as the annual verification. Statutory/Other Authority: ORS 468.020, 468A.050, 468A.266, 468A.271, 468A.277 & 468A.280 Statutes/Other Implemented: ORS 468A.010, 468A.015, 468A.050, 468A.265 through 468A.277 & 468A.280 History: DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020
340-272-0455 Material Misstatement Assessments for CFP Project Reports Submitted under OAR Chapter 340, Division 253 (1) The verification team must conduct separate assessments of material misstatement of project data for each CFP project report submitted under OAR chapter 340, division 253. The assessments of material misstatement of project data must meet all of the requirements of this rule. (2) Material misstatement of project data includes any discrepancy as described in subsection (a) of this section, omission as described in subsection (b) of this section, or misreporting as described in subsection (c) of this section, or aggregation of the three, identified in the course of verification services that leads a verification team to believe that the project report contains one or more errors that, individually or collectively, result in an overstatement greater than five percent of the responsible entity’s reported emissions reductions. (a) Discrepancies include any differences between the reported emissions reductions and the verifier’s calculated value based on data checks under OAR 340-272-0430. (b) Omissions include any emissions, excluding any emissions reductions, the verifier concludes must be part of a project report, but were not included. (c) Misreporting includes duplicate, incomplete, or other emissions or emissions reductions data the verifier concludes should or should not be part of a project report. (3) A material misstatement of project data is not found when discrepancies, omissions, or misreporting, or an aggregation of the three, result in an understatement of reported emissions reductions in the project report. (4) The following equation for percent error must be used to determine whether the greenhouse gas reductions quantified and reported in the project report contain a material misstatement of project data and must be included in the final verification report according to OAR 340-272-0495. Percent error (project data) = (∑(Discrepancies + Omissions + Misreporting) ÷ Reported emissions reduction) × 100% (5) Any discrepancies, omissions, or misreporting found must include the positive or negative impact on the reported emissions reductions when entered in the equation in section (4). (6) When evaluating material misstatement of project data, correctly substituted missing data must be deemed to be accurate, regardless of the amount of missing data. Statutory/Other Authority: ORS 468.020, 468A.266, 468A.271 & 468A.277 Statutes/Other Implemented: ORS 468A.010, 468A.015 & 468A.265 through 468A.277 History: DEQ 17-2023, amend filed 11/16/2023, effective 11/16/2023 DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020
340-272-0460 Material Misstatement Assessments for Emissions Data Submitted under OAR Chapter 340, Division 215 (1) The verification team must conduct separate assessments for material misstatement of total reported emissions for each emissions data report submitted under OAR chapter 340, division 215. The assessments of material misstatement of emissions data must meet all of the requirements of this rule. (2) Material misstatement of emissions data includes any discrepancy as described in subsection (a) of this section, omission as described in subsection (b) of this section, or misreporting as described in subsection (c) of this section, or aggregation of the three, identified in the course of verification services that leads a verification team to believe that the total reported emissions (metric tons of CO2e) in a GHG Reporting Program emissions data report contains errors greater than five percent. (a) Discrepancies include any differences between the reported emissions and the verifier’s review of emissions for a data source subject to data checks under OAR 340-272-0430. (b) Omissions include any emissions the verifier concludes must be part of an emissions data report, but were not included. (c) Misreporting includes duplicate, incomplete, or other emissions the verifier concludes should or should not be part of an emissions data report. (3) Each emissions data report is subject to data checks under OAR 340-272-0430 and must be assessed separately for material misstatement of emissions data. (4) The following equation for percent error must be used to determine whether the total reported emissions in an emissions data report contain a material misstatement of emissions data and must be included in the final verification report according to OAR 340-272-0495. Percent error (emissions) = (∑(Discrepancies + Omissions + Misreporting) ÷ Total reported emissions) × 100% (5) When evaluating material misstatement, correctly substituted missing data must be deemed to be accurate, regardless of the amount of missing data. Statutory/Other Authority: ORS 468.020, 468A.050 & 468A.280 Statutes/Other Implemented: ORS 468A.010, 468A.015, 468A.050 & 468A.280 History: DEQ 17-2023, amend filed 11/16/2023, effective 11/16/2023 DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020
340-272-0465 Review of Missing Data Substitution (1) If a source selected for a data check was affected by a loss of data used for the reported data in the report or fuel pathway application, then the verification team must confirm that the reported data or reported emissions for that source were calculated: (a) Using any missing data procedures as required under OAR chapter 340, division 215 or OAR chapter 340, division 253, as applicable; and (b) That a reasonable temporary data collection procedure was used for the source; or (c) That DEQ approved an alternative method. (2) If a source selected for a data check was affected by a loss of data used for the reported data in the report or fuel pathway application, the verification team must note the date, time, and source of any missing data substitutions discovered during the course of verification in the verification report. Statutory/Other Authority: ORS 468.020, 468A.050, 468A.266, 468A.271, 468A.277 & 468A.280 Statutes/Other Implemented: ORS 468A.010, 468A.015, 468A.050, 468A.265 through 468A.277 & 468A.280 History: DEQ 14-2020, adopt filed 05/07/2020, effective 05/07/2020