HB 2017 (2017), enrolled text

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[(G)] (f) Adjustments to the amounts of greenhouse gas emissions per unit of fuel energy as- signed to fuels for combustion and drive train efficiency. [(c)] (3) Before adopting low carbon fuel standards under this section, the commission shall consider the low carbon fuel standards of other states[ , including but not limited to Washington, ] for the purpose of determining schedules and goals for the reduction of the average amount of greenhouse gas emissions per unit of fuel energy and the default values for these reductions for applicable fuels. [(d) The commission shall adopt by rule provisions for managing and containing the costs of com- pliance with the standards, including but not limited to provisions to facilitate compliance with the standards by ensuring that persons may obtain credits for fuels used as substitutes for gasoline or diesel and by creating opportunities for persons to trade credits. ] [(e)] (4) The commission shall exempt from the low carbon fuel standards any person who im- ports in a calendar year less than 500,000 gallons of gasoline and diesel fuel, in total. Any fuel im- ported by persons that are related or share common ownership or control shall be aggregated together to determine whether a person is exempt under this [ paragraph] subsection. [(f)(A) The commission by rule shall prohibit fuels that contain biodiesel from being considered an alternative fuel under these standards unless the fuel meets the following standards: ] [(i) Fuel that consists entirely of biodiesel, designated as B100, shall comply with ASTM D 6751 and shall have an oxidation stability induction period of not less than eight hours as determined by the test method described in European standard EN 15751; and ] [(ii) Fuel that consists of a blend of diesel fuel and between 6 and 20 volume percent biodiesel, and designated as biodiesel blends B6 to B20, shall comply with ASTM D 7467 and shall have an oxidation stability induction period of not less than 20 hours as determined by the test method de- scribed in European standard EN 15751. ] [(B) The commission may adopt rules different from those required under subparagraph (A) of this paragraph if an ASTM or EN standard applicable to biodiesel is approved or amended after March 12, 2015, or if the commission finds that different rules are necessary due to changes in technology or fuel testing or production methods. ] [(C) As used in this subsection, “biodiesel” means a motor vehicle fuel consisting of mono-alkyl esters of long chain fatty acids derived from vegetable oils, animal fats or other nonpetroleum re- sources, not including palm oil. ] [(3)] (5) In adopting rules under this section, the [ Environmental Quality ] commission shall evaluate: (a) Safety, feasibility, net reduction of greenhouse gas emissions and cost-effectiveness; (b) Potential adverse impacts to public health and the environment, including but not limited to air quality, water quality and the generation and disposal of waste in this state; (c) Flexible implementation approaches to minimize compliance costs; and (d) Technical and economic studies of comparable greenhouse gas emissions reduction measures implemented in other states and any other studies as determined by the commission. [(4)(a) The provisions of this section do not apply to fuel that is demonstrated to have been used in any of the following: ] [(A) Motor vehicles registered as farm vehicles under the provisions of ORS 805.300. ] [(B) Farm tractors, as defined in ORS 801.265. ] [(C) Implements of husbandry, as defined in ORS 801.310. ] [(D) Motor trucks, as defined in ORS 801.355, used primarily to transport logs. ] [(E) Motor vehicles that are not designed primarily to transport persons or property, that are op- erated on highways only incidentally, and that are used primarily for construction work. ] [(F) Watercraft. ] [(G) Railroad locomotives. ] [(b) The Environmental Quality Commission shall by rule adopt standards for persons to qualify for the exemptions provided in this subsection. ] Enrolled House Bill 2017 (HB 2017-A) Page 137

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