justicedao/ipfs_state_laws huggingface dataset:
340-273-0950 Fee for Community Climate Investment Entities (1) Each approved Community Climate Investment Entity must pay a fee to DEQ equal to 4.5% of all CCI contributions that the entity receives from covered fuel suppliers and: (a) The fee is due biannually. No later than February 1 of each year, DEQ will send a fee invoice to each Climate Community Investment Entity. Each CCI Entity must pay a fee of 4.5% for all CCI contributions that the entity received from covered fuel suppliers between July 1 and December 31 of the previous calendar year. No later than August 1 of each year each DEQ will send a fee invoice to each Community Climate Investment Entity. Each CCI Entity must pay a fee of 4.5% for all CCI contributions that the entity received from covered fuel suppliers from January 1 through June 30 of that calendar year. Each CCI Entity must pay the fee within 30 calendar days of DEQ sending the fee invoice. (b) DEQ may reduce the fee for any given fee period if a lesser amount is adequate to cover the costs of administering and overseeing the CCI program. The fee percentage for the fee period will be included in the fee invoice to each CCI entity. (c) A report of all CCI contributions and date of contributions made during the previous fee period must accompany the fee payment. (d) If no CCI contributions were received during the previous fee period, the CCI Entity must provide notification to DEQ that no contributions were received, and no fee to be paid. (e) If a CCI Entity has not paid the CCI fee within the 30 calendar days of DEQ sending the fee invoice, a late fee will be assessed. The late fee may not be paid for using CCI funds. CCI Entity will be subject to late fees as follows: (A) One hundred dollars per day for payments received between one and seven days late; (B) Two hundred dollars per day for payments received between eight and thirty days late; and (C) Five hundred dollars per day for payments received on or after thirty days late. (2) Reporting. Each fiscal year DEQ will report, post online, and present to the equity advisory committee its program expenditures and revenue related to the CCI fee. Statutory/Other Authority: ORS 468.020 & 468A.295 Statutes/Other Implemented: ORS 468.020 & 468A.295 History: DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0960 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, including in the transportation, residential, industrial and commercial sectors, 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. (e) DEQ will appoint at least one committee member that represents a federally recognized tribe or tribal interests. (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 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-0990 Recordkeeping Requirements for Community Climate Investment Entities (1) A CCI entity must retain the following records, in paper or electronic format, for a period of at least seven years following the date of transaction or submission to DEQ: (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 entity 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 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-8110 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 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-8120 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 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-273-9000 Tables (1) Table 1. Thresholds for applicability described in OAR 340-273- 0110(3). (2) Table 2. Oregon Climate Protection Program caps. (3) Table 3. Compliance instrument reserve size. (4) Table 4. Compliance instrument percentage distribution to covered fuel suppliers that are local distribution companies. (5) Table 5. Covered entity allowable usage of community climate investment credits to demonstrate compliance as described in OAR 340-273-0450(3). (6) Table 6. CCI credit contribution amount. (7) Table 7. EITE source classifications. (8) Table 8. Emission reduction targets for second and subsequent periods for covered EITE and covered DNG sources. [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 26-2025, minor correction filed 08/05/2025, effective 08/05/2025 DEQ 18-2024, adopt filed 11/22/2024, effective 11/22/2024
340-300-0000 Context (1) A Cascadia Subduction Zone earthquake impacting the large capacity fuel handling facilities in Oregon could create widespread environmental damage, fires, endanger health and safety of surrounding communities and place impossible demands on the state’s emergency response capabilities. (2) The 2022 Oregon legislature adopted Senate Bill 1567 enacted as chapter 99 of Oregon Laws 2022. The law authorizes the Environmental Quality Commissions to adopt requirements for Seismic Vulnerability Assessments and the Risk Mitigation Implementation Plans for large capacity bulk fuels terminals in Columbia, Lane and Multnomah counties. Statutory/Other Authority: ORS 468.020 & SB 1567 (2022) Statutes/Other Implemented: SB 1567 (2022) History: DEQ 13-2023, adopt filed 09/14/2023, effective 09/14/2023
340-300-0001 Purpose and Applicability (1) The purpose of these rules is to protect public health, life safety and environmental safety against fires and release of fuel products and establish: (a) The process and criteria for completion of facility-wide Seismic Vulnerability Assessments, including vulnerability to shaking associated with the Cascadia Subduction Zone and other earthquake sources and related post-earthquake secondary effects, performed by the facilities and submitted to DEQ for review and approval. (b) The process and criteria for development of Risk Mitigation Implementation Plans to minimize risk to people and environment and to be prepared by facilities and submitted to DEQ for review and approval. (c) Fees for Seismic Vulnerability Assessment reviews. (d) Fees for Risk Mitigation Implementation Plan reviews. (e) The process, criteria, and schedule for Risk Mitigation Implementation Plans implementation. (f) Fees for ongoing implementation compliance. (g) Reporting requirements. (h) Enforcement provisions. (2) The owners and operators of bulk fuel terminals or industrial facilities with at least 2-million-gallon oil or liquid fuel products storage capacity located in Columbia, Multnomah and Lane counties must: (a) Prepare and submit to DEQ the facility-wide Seismic Vulnerability Assessment. (b) Prepare and submit to DEQ the facility-wide Seismic Risk Mitigation Implementation Plan designed to: (A) Mitigate earthquake-induced damage in order to reduce the potential of fuel spills and fires; (B) Address potential of facility to safely shut down during or immediately after a damaging earthquake, if needed, in order to minimize spills as required by the performance objective defined in 340-300-0002; (c) Provide risk mitigation measures implementation plans and timeline; and (d) Provide periodic reports of the ongoing implementation of mitigation measures. (e) Implement the risk minimization measures described in Risk Mitigation Implementation Plans when approved by DEQ within the approved timeline. (f) Prepare and submit to DEQ post-implementation reports documenting completion of mitigation work and addressing residual risks. Statutory/Other Authority: ORS 468.020 & SB 1567 (2022) Statutes/Other Implemented: SB 1567 (2022) History: DEQ 13-2023, adopt filed 09/14/2023, effective 09/14/2023
340-300-0005 Reporting Requirements and Inspections (1) Annual Risk Mitigation Implementation Plan implementation status reports must be submitted by June 1st of each year until the implementation is completed and approved by DEQ, or on a schedule approved by DEQ in the Risk Mitigation Implementation Plan and include the description of: (a) The implementation work that has been completed; (b) The plan for the work that will follow; (c) The summary of the implementation schedule; (d) A list of action items; (e) Any risks to the implementation timeline and how those risks are being mitigated; (f) Facility status update if any magnitude 5 or higher earthquakes have occurred. (2) A facility shall allow access for inspections during the implementation of the Risk Mitigation Implementation Plan upon DEQ’s request or at reasonable hours. (3) DEQ inspections and frequency may include: (a) Periodic onsite special inspections by the geotechnical and structural engineers verifying that design criteria are met. (b) Periodic operation and maintenance inspections. (c) Special inspections by a qualified Testing Agency with certified personnel as required in Oregon Structural Specialty Code Chapter 17, ASTM (formerly American Society for Testing and Materials, currently ASTM International) E329, etc.). (4) A final post-implementation report, or series of final reports, must be submitted 180 calendar days after the implementation completion. The report or reports shall include: (a) Engineering specifications for all work performed as actually built; and (b) Updated description of any residual risk. (5) Recordkeeping. The owner or operator must retain the final post-implementation report and all records related to the Risk Mitigation Implementation Plan implementation activities for ten years from the date the information is submitted to DEQ. Statutory/Other Authority: ORS 468.020 & SB 1567 (2022) Statutes/Other Implemented: SB 1567 (2022) History: DEQ 13-2023, adopt filed 09/14/2023, effective 09/14/2023
340-300-0006 Program Administration and Compliance Fees (1) A facility owner or operator must pay a Seismic Vulnerability Assessment Submittal Fee of $39,000. The fee must accompany submittal of the Seismic Vulnerability Assessment or the initial assessment report if a series of assessments is submitted. (2) A facility owner or operator must pay a Risk Mitigation Implementation Plan Submittal Fee of $36,000. The fee must accompany submittal of a Risk Mitigation Implementation Plan. (3) A facility owner or operator must pay an Annual Compliance Fee by June 1 of each calendar year until the implementation of all risk minimization measures proposed in the Risk Mitigation Implementation Plan is completed and approved by DEQ. The Annual Compliance Fee structure is as follows: (a) Year one Annual Compliance Fee of $23,000. (b) Year two and consequent years Annual Compliance Fee will not exceed $50,000. (c) DEQ may reduce the Annual Compliance Fee in year two or in subsequent years if DEQ determines that the entire fee is not necessary to fund program costs. (4) A facility owner or operator must pay a Risk Mitigation Implementation Plan modification fee of $5,000 when requesting changes to previously submitted mitigation plans or if DEQ modifies a Seismic Vulnerability Assessment or a Risk Mitigation Implementation Plan as provided in of 340-300-0003(9) 12 of 340-300-0004(12). (5) The modification fee does not apply to DEQ-required assessment plan modifications. Statutory/Other Authority: ORS 468.020 & SB 1567 (2022) Statutes/Other Implemented: SB 1567 (2022) History: DEQ 13-2023, adopt filed 09/14/2023, effective 09/14/2023
340-300-0007 DEQ Review and Approval of Seismic Vulnerability Assessments and Risk Mitigation Implementation Plans (1) DEQ will review and approve the Seismic Vulnerability Assessments submitted under OAR 340-300-0003 if they meet the requirements of Chapter 99 of Oregon Law 2022 and these rules. (2) The DEQ will approve Risk Mitigation Implementation Plan if the plan submitted under OAR 340-300-0004 meets the requirements of Chapter 99 of Oregon Law 2022 and these rules and when implemented will minimize the risk to the human health and safety and the environment in the event of ground shaking and secondary effects. (3) Before DEQ approves a Seismic Vulnerability Assessment or a Risk Mitigation Implementation Plan required under these rules, DEQ may provide a copy of the mitigation plan to the Department of Geology and Mineral Industries, the office of the State Fire Marshal, the Oregon Department of Energy and the local government jurisdictions for review. (4) Before approving a Risk Mitigation Implementation Plan, DEQ will provide a public notice and initiate a public comment period as follows: (a) DEQ will announce the public notice through the Fuel Tank Seismic Stability GovDelivery mailing system. (b) DEQ will hold a public comment period open for 30 calendar days. This period may be extended at DEQ’s discretion. DEQ will review public comments and may request changes to the Risk Mitigation Implementation Plans prior to approval as determined appropriate by DEQ. (c) DEQ will post all Risk Mitigation Implementation Plans barring any confidential business information on DEQ’s website by the time of public notice. (5) Public hearing (a) If requested by 10 entities or a group representing 10 entities within the first 20 calendar days of the public comment period, a public hearing will be held. DEQ will extend the public comment period and hold a hearing at least 14 calendar days before the close of the public comment period. (b) A notice of 30 calendar days will be provided ahead of a public hearing. Statutory/Other Authority: ORS 468.020 & SB 1567 (2022) Statutes/Other Implemented: SB 1567 (2022) History: DEQ 13-2023, adopt filed 09/14/2023, effective 09/14/2023
345-001-0000 Notice of Permanent Rulemaking (1) Before permanently adopting, amending or repealing any rule, the Council must give notice of the proposed action: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule; (b) By sending a copy of the notice by mail or email to persons on the Council's mailing list established under ORS 183.335(8) at least 28 days before the effective date of the rule; (c) By sending a copy of the notice by email to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule; and (d) By sending a copy of the notice by mail, email, or hand delivery to the Associated Press and the Capitol Press Room. (2) Notwithstanding the requirements of ORS 183.335, when the Council is required to adopt rules or regulations promulgated by an agency of the federal government and the Council has no authority to alter or amend the content or language of those rules or regulations prior to their adoption, the Council must adopt those rules or regulations under the procedure prescribed in ORS 183.337. (3) The Council may update the mailing list described in subsection (1)(b) of this rule annually by requesting persons to confirm that they wish to remain on the mailing list. If a person does not respond to a request for confirmation within 28 days after the date the Council sends the request, the Council may remove the person from the mailing list. Any person removed from the mailing list must be immediately returned to the mailing list upon request, provided the person provides an address or email address to which notice may be sent. Statutory/Other Authority: ORS 469.470 & ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: EFSC 10-2019, amend filed 10/04/2019, effective 10/07/2019 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 2-1992, f. & cert. ef. 8-28-92, Renumbered from 345-010-0031 EFSC 6-1986, f. & ef. 9-12-86 EFSC 4-1981, f. & ef. 3-25-81 EFSC 1, f. & ef. 1-9-76
345-001-0005 Uniform and Model Rules (1) Except as described in this rule, the Energy Facility Siting Council adopts and incorporates by reference in this chapter the following rules from the Attorney General's Uniform and Model Rules (December 2023): OAR 137-001-0005 through 137-001-0100, 137-002-0010 through 137-002-0060, 137-003-0501 through 137-003-0700, and 137-005-0010 through 137-005-0070. (2) Notwithstanding the provisions of OAR 137-003-0660(1), following the issuance of notice of a contested case, the Department of Energy shall enter into the record the substance of any significant contact between a Council member and any Department staff from that point forward, concerning facts in the record. (3) In any conflict between the model rules and Council rules, the Council shall apply its own rules. Statutory/Other Authority: ORS 469.470, ORS 469.370(5) & ORS 183.417(2) Statutes/Other Implemented: ORS 469.490 History: EFSC 2-2024, amend filed 10/01/2024, effective 10/01/2024 EFSC 2-2015, f. & cert. ef. 10-20-15 EFSC 1-2012, f. & cert. ef. 5-15-12 EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 2-2000, f. & cert. ef. 11-20-00 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 2-1992, f. & cert. ef. 8-28-92, Renumbered from 345-010-0026 EFSC 6-1986, f. & ef. 9-12-86 EFSC 10-1981, f. & ef. 12-28-81 EFSC 4-1981, f. & ef. 3-25-81 EFSC 5-1978, f. & ef. 5-9-78 EFSC 13, f. & ef. 6-11-76 NTEC 6, f. 11-19-73, ef. 12-11-73 NTEC 1, f. 12-16-71, ef. 1-1-72
345-001-0020 Purpose (1) The purpose of the rules of this chapter is to establish application requirements, review procedures and standards for the siting, construction, operation and retirement of energy facilities, for the transport of radioactive materials, and for the disposal of radioactive waste and uranium mine overburden. These rules are to ensure that the siting, construction, operation and retirement of energy facilities and disposal facilities and the transport of radioactive materials are done consistent with protection of the public health and safety and in compliance with the energy policy and air, water, solid waste, land use and other environmental protection policies of Oregon. (2) Except as indicated otherwise, the Council shall use the rules of this chapter to determine whether to grant or deny a site certificate and, if the Council grants a site certificate for a facility, to oversee the construction, operation and retirement of the facility. The Council shall use the rules of this chapter in proceedings for amendment, suspension, revocation, transfer or termination of a site certificate. (3) When the Council deems appropriate, it may adopt additional rules on matters within its jurisdiction. The Council shall adopt any additional rules relating to site certificates sufficiently in advance of the close of testimony in a contested case proceeding on a site certificate to allow parties to address the rule, or if after the close of testimony, in sufficient time to allow the parties an opportunity to supplement their testimony to offer evidence relating to the new rule. Statutory/Other Authority: ORS 469.470, 469.556, 469.559 & 469.607 Statutes/Other Implemented: ORS 469.310, 469.374, 469.401, 469.501, 469.525 & 469.603-615 History: EFSC 1-2007, f. & cert. ef. 5-15-07 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 2-1992, f. & cert. ef. 8-28-92, Renumbered from 345-079-0010, 345-080-0010, 345-100-0010, 345-111-0005, 345-115-0010 & 345-125-0010 EFSC 7-1986, f. & cert. ef. 9-18-86 EFSC 2-1981, f. & cert. ef. 1-19-81 EFSC 1-1981, f. & cert. ef. 1-19-81 EFSC 9-1980, f. & cert. ef. 12-22-80 EFSC 6-1980, f. & cert. ef. 8-26-80 EFSC 1-1980, f. & cert. ef. 2-28-80 EFSC 8-1978, f. & cert. ef. 11-17-78
345-001-0030 Applicability The rules in this chapter apply to all matters under Council jurisdiction, except that the rules in effect before the date of adoption of this rule apply to site certificate amendment proceedings pending before the Council as of that date. Statutory/Other Authority: ORS 469.470 Statutes/Other Implemented: ORS 469.310 & 469.320 History: EFSC 2-1999, f. & cert. ef. 4-14-99 ESFC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1994, f. & cert. ef. 11-30-94 EFSC 2-1994, f. & cert. ef. 5-6-94 EFSC 1-1994, f. & cert. ef. 1-28-94 EFSC 5-1993(Temp), f. & cert. ef. 8-16-93 EFSC 2-1992, f. & cert. ef. 8-28-92, Renumbered from 345-079-0012, 345-079-0015, 345-080-0012, 345-080-0015, 345-100-0012, 345-100-0015, 345-111-0015, 345-115-0012, 345-115-0015, 345-125-0012 & 345-125-0015 EFSC 7-1986, f. & cert. ef. 9-18-86 EFSC 4-1986, f. & cert. ef. 9-5-86 EFSC 4-1982, f. & cert. ef. 5-3-82 EFSC 8-1981, f. & cert. ef. 10-29-81 EFSC 2-1981, f. & cert. ef. 1-19-81 EFSC 1-1981, f. & cert. ef. 1-19-81 EFSC 9-1980, f. & cert. ef. 12-22-80 EFSC 6-1980, f. & cert. ef. 8-26-80 EFSC 1-1980, f. & cert. ef. 2-28-80 EFSC 8-1978, f. & cert. ef. 11-17-78