justicedao/ipfs_state_laws huggingface dataset:
340-270-0300 Vehicle Ownership Provision (1) If a rebate recipient sells the eligible vehicle for which a rebate was received, or terminates the eligible vehicle’s lease, before the end of 24 months after the purchase or lease date, the rebate recipient must notify DEQ and must reimburse DEQ in a prorated amount based on the number of months that the rebate recipient owned or leased the vehicle. (2) DEQ may waive the reimbursement requirement if DEQ determines a waiver is appropriate given unforeseeable or unavoidable or other appropriate circumstances that gave rise to a need for the rebate recipient to sell the vehicle or terminate the lease before the end of the 24-month period. (3) To request a waiver, a person must submit a written application for a waiver to DEQ after the termination of the lease or sale of the vehicle that includes an explanation of why the person believes the waiver is appropriate. (4) DEQ will consider the following factors in determining whether waiver is appropriate; (a) the extent to which repayment would be harsh under the circumstances; (b) the extent to which the rebate recipient appears to be inappropriately taking advantage of the rebate program; or (c) any other factors that DEQ considers appropriate. (d) DEQ generally considers waiver appropriate in the following circumstances, unless the factors weigh strongly against a waiver under the individual facts and circumstances: military duty; death of the rebate recipient; and totaling of the eligible vehicle. This is a non-exclusive list. (5) DEQ will provide a written explanation for all rejected waiver applications. If DEQ rejects a waiver application, an applicant may appeal that rejection by: (a) Providing a written explanation of why the applicant believes that DEQ misapplied the statute or its rules or otherwise improperly rejected the applicant; (b) Submitting that written explanation by depositing the explanation in the mail, with proper postage, postmarked within 60 days of the date of DEQ’s written rejection; and (c) Submitting the explanation to the Agency itself. (6) DEQ will respond to an appeal of a rejection in writing as soon as is practicable. DEQ’s response to an appeal is an order in other than a contested case. Statutory/Other Authority: 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37 & ORS 468.020 Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec. 35-37 History: DEQ 2-2020, amend filed 01/24/2020, effective 01/24/2020 DEQ 21-2019, temporary amend filed 09/27/2019, effective 09/29/2019 through 03/26/2020 DEQ 186-2018, adopt filed 05/14/2018, effective 05/14/2018
340-270-0400 Charge Ahead Program (1) OAR 340-270-0400 through -0430 establish the requirements for the Charge Ahead Program. (2) The Charge Ahead Program will provide rebates only for the purchase or lease of new or used vehicles that meet the requirements of OAR 340-270-0410 if the purchaser: (a) For vehicles purchased or leased prior to January 1, 2022, was from a low or moderate-income household during the year the vehicle was purchased or leased; or (b) For vehicles purchased or leased on or after January 1, 2022, is from a qualifying household or is a low-income service provider during the year the vehicle was purchased or leased. Statutory/Other Authority: ORS 468.020, 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec. 35-37 Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37 & 2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and 9 History: DEQ 6-2022, amend filed 05/19/2022, effective 05/19/2022 DEQ 19-2021, temporary amend filed 11/17/2021, effective 01/01/2022 through 06/29/2022 DEQ 2-2020, amend filed 01/24/2020, effective 01/24/2020 DEQ 21-2019, temporary amend filed 09/27/2019, effective 09/29/2019 through 03/26/2020 DEQ 186-2018, adopt filed 05/14/2018, effective 05/14/2018
340-270-0410 Vehicles Eligible for the Charge Ahead Program To qualify for a Charge Ahead rebate, a motor vehicle must be either a new or used light-duty zero-emission vehicle with an electrochemical storage capacity and have a purchase or lease date on or after January 1, 2018, or a new or used plug-in hybrid electric vehicle and have a purchase or lease date on or after September 29, 2019. Vehicles rebated by the Zero Emission Rebates for Oregon Fleets program, as established in OAR 340-270-0030 and OAR 340-270-0600 through OAR 340-270-0700, are not eligible for a Charge Ahead rebate. Statutory/Other Authority: ORS 468.020, 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec. 35-37 Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec. 35-37 History: DEQ 15-2024, amend filed 09/30/2024, effective 09/30/2024 DEQ 2-2020, amend filed 01/24/2020, effective 01/24/2020 DEQ 21-2019, temporary amend filed 09/27/2019, effective 09/29/2019 through 03/26/2020 DEQ 186-2018, adopt filed 05/14/2018, effective 05/14/2018
340-270-0420 Amount of Charge Ahead Program Rebate (1) The amount of the Charge Ahead rebate is: (a) For vehicles purchased or leased prior to January 1, 2022, $2,500 per vehicle or (b) For vehicles purchased or leased on or after January 1, 2022, $5,000 per vehicle. (c) For vehicles purchased or leased on or after January 1, 2025: (A) $7,500 for the purchase or lease of a new light-duty zero-emission vehicle or plug-in hybrid electric vehicle; or (B) $5,000 for the purchase or lease of a used light-duty zero-emission vehicle or plug-in hybrid electric vehicle (2) DEQ will set the rebate amounts annually. If DEQ determines that the rebate amounts should be adjusted, DEQ will engage in rulemaking to adjust the rebate amounts. Statutory/Other Authority: ORS 468.020, 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec. 35-37 Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37 & 2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and 9 History: DEQ 15-2024, amend filed 09/30/2024, effective 09/30/2024 DEQ 6-2022, amend filed 05/19/2022, effective 05/19/2022 DEQ 19-2021, temporary amend filed 11/17/2021, effective 01/01/2022 through 06/29/2022 DEQ 2-2020, amend filed 01/24/2020, effective 01/24/2020 DEQ 21-2019, temporary amend filed 09/27/2019, effective 09/29/2019 through 03/26/2020 DEQ 186-2018, adopt filed 05/14/2018, effective 05/14/2018
340-270-0500 Allocation of Rebate Funding DEQ will allocate at least 20 percent of available moneys deposited per biennium into the Zero-Emission Incentive Fund for rebates under the Charge Ahead Program. The amount required to be allocated for the Charge Ahead Program rebates from the Zero-Emission Incentive Fund shall be reduced, but not below zero, by the amount deposited from any other source in the Charge Ahead Zero-Emission Incentive Fund. Statutory/Other Authority: ORS 468.020, 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21 & House Bill 2592 (2019), Sec. 35-37 Statutes/Other Implemented: 2017 Or. Law Ch. 750 Sec. 148-157, House Bill 4059 (2018), Sec. 18-21, House Bill 2592 (2019), Sec. 35-37 & 2021 Or. Laws, Ch. 95, §§ 4a, 5, 6, 8 and 9 History: DEQ 15-2024, amend filed 09/30/2024, effective 09/30/2024 DEQ 6-2022, amend filed 05/19/2022, effective 05/19/2022 DEQ 19-2021, temporary amend filed 11/17/2021, effective 01/01/2022 through 06/29/2022 DEQ 2-2020, amend filed 01/24/2020, effective 01/24/2020 DEQ 21-2019, temporary amend filed 09/27/2019, effective 09/29/2019 through 03/26/2020 DEQ 186-2018, adopt filed 05/14/2018, effective 05/14/2018
340-270-0600 Vehicles Qualifying for Zero-Emission Medium and Heavy Duty Vehicle Rebates To be eligible for a medium and heavy-duty vehicle rebate, a motor vehicle must be: (1) A qualifying vehicle, as defined in 340-270-0030(20), and must have a purchase or lease date on or after effective date of the program for the type of vehicle, as established in OAR 340-270-0020(3); (2) A new zero emission vehicle. Retrofits and repowers of existing vehicles or those already owned by the Applicant are not eligible; (3) Purchased or leased and registered within twelve months of receipt of rebate approval. An applicant may request and DEQ may approve an extension for up to an additional six months, on a form provided by DEQ. Any extension request will be reviewed on a case-by-case basis; and; (4) Procured from a vehicle dealer that meets program eligibility requirements. (5) Vehicles rebated by the Oregon Clean Vehicle Rebate Program, as established in OAR 340-270-0010 through OAR 340-270-0500, are not eligible for a ZERO Fleet rebate. Statutory/Other Authority: ORS 468.020 & 468.463(7) Statutes/Other Implemented: ORS 468.463 & 468.469 History: DEQ 20-2025, minor correction filed 07/15/2025, effective 07/15/2025 DEQ 15-2024, adopt filed 09/30/2024, effective 09/30/2024
340-270-0610 Amount of Zero-Emission Medium and Heavy Duty Vehicle Rebates (1) The amount of the rebate for qualifying medium-duty zero-emission vehicles that are Class 2b vehicles between 8,501 – 10,000 Gross Vehicle Weight Rating is $2,500.00. (2) The amount of the rebate for qualifying medium-duty zero-emission vehicles that are Class 3 vehicles between 10,001 – 14,000 Gross Vehicle Weight Rating is $45,000.00. (3) The amount of the rebate for qualifying medium-duty zero-emission vehicles that are Class 4 vehicles between 14,001 – 16,000 Gross Vehicle Weight Rating is $60,000.00. (4) The amount of the rebate for qualifying medium-duty zero-emission vehicles that are Class 5 vehicles between 16,001 – 19,500 Gross Vehicle Weight Rating is $60,000.00. (5) The amount of the rebate for qualifying medium-duty zero-emission vehicles that are Class 6 vehicles between 19,501 – 26,000 Gross Vehicle Weight Rating is $85,000.00. (6) The amount of the rebate for qualifying heavy-duty zero-emission vehicles that are Class 7 vehicles between 26,001 – 33,000 Gross Vehicle Weight Rating is $85,000.00. (7) The amount of the rebate for qualifying heavy-duty zero-emission vehicles that are Class 8 vehicles 33,000+ Gross Vehicle Weight Rating is $120,000.00. (8) DEQ will set the rebate amounts annually. In doing so, if DEQ determines that the rebate amounts should be adjusted, DEQ will engage in rulemaking to adjust these rebate amounts. Statutory/Other Authority: ORS 468.020 & 468.463(7) Statutes/Other Implemented: ORS 468.463 & 468.469 History: DEQ 15-2024, adopt filed 09/30/2024, effective 09/30/2024
340-270-0620 Overview of ZERO Fleet Rebate Process (1) Purchaser selects an eligible vehicle dealer or an original equipment manufacturer that does not have licensed franchised new automobile dealers in Oregon and selects a qualifying vehicle. (2) Purchaser and vehicle dealer prepare and submit their separate applications as required by OAR 340-270-0630 and OAR 340-270-0640, respectively, including proof of eligibility and application fee. If a vehicle dealer has already been approved, the vehicle dealer does not need to obtain a new approval unless there is a change from the prior vehicle dealer application and approval. (3) DEQ reviews the applications as required by OAR 340-270-0650 and, if the purchaser, vehicle dealer, and vehicle are eligible and funds are available for the specific purchase, approves rebate(s) and sends the purchaser a rebate reservation approval letter. (4) DEQ will award approved rebate funds as required by and subject to the conditions set forth in OAR 340-270-0660. (5) The rebate recipient will remain subject to and be responsible for complying with the ongoing program requirements set forth in OAR 340-270-0670 and OAR 340-270-0680. Statutory/Other Authority: ORS 468.020 & 468.463(7) Statutes/Other Implemented: ORS 468.463 & 468.469 History: DEQ 15-2024, adopt filed 09/30/2024, effective 09/30/2024
340-270-0630 Purchaser Rebate Application Requirements (1) A person may only apply for a rebate if the person: (a) Intends to purchase or leases a vehicle that will be registered and operated primarily in Oregon that meets the requirements established in OAR 340-270-0600. A lease must have a minimum term of 36 months; (b) Intends to retain the registration of the qualifying vehicle for a minimum of 36 consecutive months after the purchase or lease date; and (c) Be an organization such as a nonprofit, government, or private entity licensed to do business in Oregon; (2) To qualify for a rebate, an applicant must: (a) Apply using a form approved by DEQ; (b) Provide proof of intent to purchase in the form of a quote or contingent purchase order from a vehicle dealer who has successfully applied under OAR 340-270-0640 or an original equipment manufacturer that does not have licensed franchised new automobile dealers in Oregon; (c) Provide vehicle delivery plan, providing purchaser-specific anticipated date of delivery and contingencies; (d) Provide any additional information and documentation requested by DEQ that is necessary to ascertain that the applicant, vehicle, and vehicle dealer qualify for a rebate; and (e) Participate in ongoing research efforts and surveys regarding the program. Statutory/Other Authority: ORS 468.020 & 468.463(7) Statutes/Other Implemented: ORS 468.463 & 468.469 History: DEQ 15-2024, adopt filed 09/30/2024, effective 09/30/2024
340-270-0640 Vehicle Dealer Rebate Application Requirements Rebates are only available for qualified purchases from an approved vehicle dealer or an original equipment manufacturer that does not have licensed franchised new automobile dealers in Oregon. For a vehicle dealer or original equipment manufacturer without franchised dealers in Oregon to be eligible, it must: (1) Be registered or register to conduct business in Oregon. (2) Provide documentation to support buyer applications and functionality of the vehicle, including: (a) A link to vehicle dealer website that indicates qualifying vehicles available for sale, and their related specifications or other documentation that provides this information; (b) A specification sheet or, if custom vehicle, specification sheets for all major components, corroborating vehicle capabilities, charging/fueling needs, design appropriate to Purchaser’s planned use, and eligibility; (c) Timeline and process/plans by which vehicle dealer intends to comply with the terms of the rebate (e.g., delivery of vehicle,) prior to expiration of rebate; and (d) Agree to accept DEQ’s rebate amount as a portion of the Purchaser’s final vehicle payment, deducting the full rebate(s) amount from the upfront cost. (3) Provide any additional information and documentation requested by DEQ that is necessary to ascertain that the applicant, vehicle, and vehicle dealer qualify for a rebate. Statutory/Other Authority: ORS 468.020 & 468.463(7) Statutes/Other Implemented: ORS 468.463 & 468.469 History: DEQ 15-2024, adopt filed 09/30/2024, effective 09/30/2024
340-270-0650 Application Review Process (1) DEQ will process applications on a first-come, first-served basis as received by DEQ, as required by OAR 340-270-0630. If the purchaser, vehicle dealer, and vehicle are eligible and funds are available for the specific purchase, DEQ will approve rebate(s) and send the purchaser a rebate reservation approval letter. (2) In the event that funding for rebate payments from the Zero Emission Medium and Heavy Duty Vehicle Incentive Fund is exhausted, DEQ will not accept new applications until more funds are available. Any purchases or leases made during the period DEQ ceases acceptance are not eligible for the rebate. Only applicants with approved rebates at the time funds are exhausted will be eligible to receive payment. (3) DEQ will reject all applications that do not meet the applicable requirements of OAR 340-270-0620 through 340-270-0640. (4) DEQ will provide a written explanation for all rejected applications. If DEQ rejects an application, an applicant may appeal that rejection by: (a) Providing a written explanation of why the applicant believes that DEQ misapplied the statute or its rules or otherwise improperly rejected the applicant; (b) Submitting that written explanation by depositing the explanation in the mail, with proper postage, postmarked within 60 days of the date of DEQ’s written rejection; and (c) Submitting the explanation to the person specified on the letter rejecting the application. (5) DEQ will respond to an appeal of a rejection in writing as soon as is practicable. DEQ’s response to an appeal is an order in other than a contested case. Statutory/Other Authority: ORS 468.020 & 468.463(7) Statutes/Other Implemented: ORS 468.463 & 468.469 History: DEQ 15-2024, adopt filed 09/30/2024, effective 09/30/2024
340-270-0660 Conditions to Award of Rebate Funds (1) DEQ will automatically reserve awarded rebate funds for twelve months from the date of the approval and will award rebate dollars when the following conditions are met: (a) Vehicle dealer and the purchaser must execute their respective program agreements and submit all documentation to DEQ; (b) Vehicle dealer must deliver qualifying vehicle to purchaser and purchaser must register the vehicle in Oregon; and (c) Purchaser submits all program documentation to DEQ, including verification that vehicle is delivered and registered in Oregon. (2) DEQ may renew rebate reservations for one six-month extension if requested prior to expiration and may grant the extension based on evidence from the purchaser and vehicle dealer of a good faith efforts to deliver and register vehicle within the additional time provided. (3) Purchaser may provide the awarded rebate to the vehicle dealer or submit the awarded rebate to DEQ for funding. Statutory/Other Authority: ORS 468.020 & 468.463(7) Statutes/Other Implemented: ORS 468.463 & 468.469 History: DEQ 15-2024, adopt filed 09/30/2024, effective 09/30/2024
340-270-0670 Post-Rebate Conditions (1) Recipients may assign the rebate to a vehicle dealer or to an original equipment manufacturer that does not have licensed franchised new automobile dealers in Oregon. The limit established in subsection (2) of this rule does not apply to vehicle dealers or automobile manufacturers who receive rebate assignments as required by this section. (2) An organization that applies for a rebate is limited to five rebates per entity per calendar year. Organizational applicants must be based in Oregon or have an Oregon-based affiliate at the time the qualifying vehicle is purchased or leased. (3) Recipients may not make or allow any modifications to the vehicle’s emission-control systems, hardware, or software calibrations. (4) In each of the three years following receipt of a rebate, rebate recipients must: (a) Maintain records of the miles driven or hours of use for the qualifying vehicle and whether the miles driven or hours used occurred in Oregon; and (b) Provide an annual report to DEQ to demonstrate that more than 50 percent of the miles driven or hours of use of the qualifying vehicle occurred in Oregon. Statutory/Other Authority: ORS 468.020 & 468.463(7) Statutes/Other Implemented: ORS 468.463 & 468.469 History: DEQ 15-2024, adopt filed 09/30/2024, effective 09/30/2024
340-270-0680 Vehicle Ownership Provision (1) If a rebate recipient sells the qualifying vehicle, fails fulfill post rebate conditions of 340-270-0670 for which a rebate was received, or terminates the qualifying vehicle’s lease, before the end of 36 months after the purchase or lease date, the rebate recipient must notify DEQ and reimburse DEQ for the rebate in a prorated amount based on the number of months that the rebate recipient owned or leased the qualifying vehicle. The prorated reimbursement amount required shall be due and payable immediately upon the sale or lease termination. (2) DEQ may waive the reimbursement requirement if DEQ determines a waiver is appropriate given unforeseeable or unavoidable or other appropriate circumstances that gave rise to a need for the rebate recipient to sell the vehicle or terminate the lease before the end of the 36-month period. (3) To request a waiver, a person must submit a written application for a waiver to DEQ before the termination of the lease or sale of the vehicle that includes an explanation of why the person believes the waiver is appropriate. (4) DEQ will consider the following factors in determining whether waiver is appropriate; (a) the extent to which the rebate recipient appears to be taking advantage of or unfairly benefitting from the rebate program; or (b) any other factors that DEQ considers appropriate. (5) DEQ will provide a written explanation for all rejected waiver applications. If DEQ rejects a waiver application, an applicant may appeal that rejection by: (a) Providing a written explanation of why the applicant believes that DEQ misapplied the statute or its rules or otherwise improperly rejected the applicant; (b) Submitting that written explanation by depositing the explanation in the mail, with proper postage, postmarked within 60 days of the date of DEQ’s written rejection; and (c) Submitting the explanation to the Agency itself. (6) DEQ will respond to an appeal of a rejection in writing as soon as is practicable. DEQ’s response to an appeal is an order in other than a contested case. Statutory/Other Authority: ORS 468.020 & 468.463(7) Statutes/Other Implemented: ORS 468.463 & 468.469 History: DEQ 15-2024, adopt filed 09/30/2024, effective 09/30/2024
340-270-0690 Allocation of Rebate Funding by Vehicle Class (1) DEQ will periodically allocate specific percentages of available rebate money among qualifying vehicle Classes 2b – 8, update allocations based on availability of revenue, and will provide an opportunity for community involvement. (2) DEQ will allocate rebate dollars to specific vehicle classes to prioritize: (a) Air quality benefits among disproportionately burdened communities; (b) Deploying zero emissions vehicle technologies that are available in Oregon; and (c) Early adoption of zero emissions vehicles among fleets that apply. (d) For the biennium beginning July 1, 2023, DEQ will also prioritize rebates funded with Oregon’s General Fund dollars allocated to the Zero-Emission Medium and Heavy-Duty Vehicle Incentive Fund for qualifying vehicles that are medium-duty, Class 3 – 6 as identified in OAR 340-270-0610. Statutory/Other Authority: ORS 468.020 & 468.463(7) Statutes/Other Implemented: ORS 468.463 & 468.469 History: DEQ 15-2024, adopt filed 09/30/2024, effective 09/30/2024
340-270-0700 Allocation of Rebate Funding by Disproportionate Diesel Pollution Burden (1) At least 40 percent of the moneys deposited in the fund per biennium are allocated to fund the provision of rebates for vehicles located in communities disproportionately burdened by diesel pollution. (2) DEQ will analyze air quality, population density, and vulnerable populations to determine the geographic scope of disproportionately burdened populations, and allocate reserved 40 percent of rebate money for qualifying projects, irrespective of 340-270-0690(d), in designated areas. (3) If DEQ determines that the total amount of rebates provided to purchasers for qualifying vehicles in areas disproportionately burdened by diesel pollution is unlikely to exceed 40 percent of the total amount of moneys deposited in the fund during a biennium, DEQ will release rebate money for all qualifying projects. Statutory/Other Authority: ORS 468.020 & 468.463(7) Statutes/Other Implemented: ORS 468.463 & 468.469 History: DEQ 15-2024, adopt filed 09/30/2024, effective 09/30/2024