340-257-0095 ZEV Allowances for Environmental Justice Values (1) Community-Based Clean Mobility Programs (a) DEQ must determine that a program qualifies as a community-based clean mobility program under this rule before a manufacturer may earn vehicle values under CCR, Title 13, section 1962.4(e)(2)(A)1. (b) A manufacturer may request DEQ to make a determination that a program qualifies as a community-based clean mobility program. When making this request, the manufacturer shall provide: (A) Attestation that the program meets each element of the definition of community-based clean mobility program; (B) Contact information for the program, including program name, program implementer name (if different), mailing address including a street address, city, state, and zip code, federal tax identification number (if any), contact person name, contact person phone number, and contact person email address; (C) A description of the program, including program objectives, total number of vehicles, and the program service location or area; (D) A written communication from a responsible official (e.g., executive, principal officer) of the entity that administers the program, which shall include the following: (i) Certification that the vehicles will be put into service exclusively for the purposes of operating a community-based clean mobility program with a minimum of four years of service operation; (ii) Certification that vehicle titles or lease agreements will be held by an organizational entity, not by individual drivers; and (iii) Certification that the program meets the definition of community-based clean mobility program. (c) In response to a request under section (1)(b): (A) DEQ may determine that a program qualifies as a community-based clean mobility program if the manufacturer has demonstrated that the program meets the requirements described in section (2) and is a community-based clean mobility program; and (B) DEQ will notify the manufacturer of the determination in writing within 60 days. If the program is determined to qualify as a community-based clean mobility program, DEQ will issue an order designating the community-based clean mobility program. (d) Renewal. A DEQ order issued under section (3) approving a community-based clean mobility program shall remain valid for four years. A manufacturer may request a renewal of a determination of a community-based clean mobility program by providing the information and materials specified under section (2). DEQ will review and approve or deny a renewal request by the process specified in section (3). (e) Revocation. DEQ may revoke an order issued under this section (3) if DEQ determines that: (A) The community-based clean mobility program no longer satisfies the definition of a community-based clean mobility program or the requirements in section (2); or (B) The community-based clean mobility program has resold or returned, prior to four years of service, one or more vehicles that a manufacturer provided for use of the program for which the manufacturer has earned Environmental Justice Vehicle Values pursuant to CCR, Title 13, subsection 1962.4(e)(2)(A)1, except for resale to another qualifying community-based clean mobility program. (2) Vehicles Sold at the End of Lease to Participating Dealerships (a) DEQ must determine that an Oregon dealership participates in a financial assistance program before a manufacturer may earn vehicle values under CCR, Title 13, section 1962.4(e)(2)(B)1. (b) Qualifying vehicles eligible for the vehicle value are specified under CCR, Title 13, section 1962.4(e)(2)(B)2. Statutory/Other Authority: ORS 468.020, 468A.025 & 468A.360 Statutes/Other Implemented: ORS 468.020 History: DEQ 23-2022, adopt filed 12/19/2022, effective 12/19/2022