HB 2017 (2017), enrolled text

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(a) An estimate of the potential volumes of gasoline, gasoline substitutes and gasoline alternatives and diesel, diesel fuel substitutes and diesel alternatives available to Oregon; (b) An estimate of the total banked credits and carried over deficits held by regulated parties, credit generators and credit aggregators at the beginning of the compliance period and an estimate of the total credits attributable to fuels described in paragraph (a) of this subsection; (c) An estimate of the credits needed to meet the scheduled applicable low carbon fuel standard during the forecast compliance period; and (d) A comparison of the estimates under paragraphs (a) and (b) of this subsection with the estimate under paragraph (c) of this subsection to indicate the availability of fuels needed for compliance with the low carbon fuel standards. (2) In developing the estimate required under subsection (1)(a) of this section, the divi- sion shall consider, but need not be limited to considering: (a) Constraints that may be preventing access to available and cost-effective low carbon fuels by Oregon, such as geographic and logistical factors, and alleviating factors to the constraints; and (b) The existing and future vehicle fleet in Oregon. (3) The division may appoint, in coordination with the Department of Environmental Quality, a forecast review team of relevant experts to participate in the fuel supply forecast or examination of data required by this section. The team may perform any functions as- signed by the division, including but not limited to consulting on the design of the forecast. The forecast required by this section must be completed and provided to the department no later than 90 calendar days before the commencement of the compliance period for which the forecast is developed. SECTION 164. (1) No later than 30 calendar days before the commencement of a compli- ance period, the Department of Environmental Quality shall issue an order declaring a forecast deferral if the fuel supply forecast developed under section 163 of this 2017 Act projects that the amount of credits that will be available during the forecast compliance pe- riod will be less than 100 percent of the credits projected to be necessary for regulated par- ties to comply with the scheduled applicable low carbon fuel standard for the forecast compliance period. (2) An order declaring a forecast deferral under this section must set forth: (a) The duration of the forecast deferral; (b) The types of fuel to which the forecast deferral applies; and (c) Which of the following methods the department has selected for deferring compliance with the scheduled applicable low carbon fuel standard during the forecast deferral: (A) Temporarily adjusting the scheduled applicable low carbon fuel standard to a stand- ard identified in the order that better reflects the forecast availability of credits during the forecast compliance period and requiring regulated parties to comply with the temporary standard; (B) Requiring regulated parties to comply only with the low carbon fuel standard appli- cable during the compliance period prior to the forecast compliance period; or (C) Suspending deficit accrual for part or all of the forecast deferral period. (3)(a) In implementing a forecast deferral, the department may take an action for de- ferring compliance with the low carbon fuel standard other than, or in addition to, selecting a method under subsection (2)(c) of this section only if the department determines that none of the methods under subsection (2)(c) of this section will provide a sufficient mechanism for containing the costs of compliance with the low carbon fuel standards during the forecast deferral. (b) If the department makes the determination specified in paragraph (a) of this sub- section, the department shall: Enrolled House Bill 2017 (HB 2017-A) Page 139

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