HB 2017 (2017), enrolled text

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(A) Include in the order declaring a forecast deferral the determination and the action to be taken; and (B) Provide written notification and justification of the determination and the action to: (i) The Governor; (ii) The President of the Senate; (iii) The Speaker of the House of Representatives; (iv) The majority and minority leaders of the Senate; and (v) The majority and minority leaders of the House of Representatives. (4) The duration of a forecast deferral may not be less than one calendar quarter or longer than one compliance period. Only the Environmental Quality Commission may ter- minate, by order, a forecast deferral before the expiration date of the forecast deferral. Termination of a forecast deferral is effective on the first day of the next calendar quarter after the date that the order declaring the termination is adopted. SECTION 165. (1) The Department of Environmental Quality shall issue an order declar- ing an emergency deferral: (a) No later than 15 calendar days after the date that the department determines that: (A) There is a known shortage of a fuel or low carbon fuel that is needed for regulated parties to comply with the low carbon fuel standard; and (B) The magnitude of the shortage of that fuel is greater than the equivalent of five percent of the amount of the fuel forecasted to be available during the effective compliance period; or (b) Immediately upon the issuance by the Governor of a proclamation, executive order or directive pursuant to ORS 176.750 to 176.815 declaring an energy emergency due to a shortage of gasoline or diesel. (2) An order declaring an emergency deferral under this section must set forth: (a) The duration of the emergency deferral; (b) The types of fuel to which the emergency 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 emergency deferral: (A) Temporarily adjusting the scheduled applicable low carbon fuel standard to a stand- ard identified in the order that better reflects the availability of credits during the emer- gency deferral and requiring regulated parties to comply with the temporary standard; (B) Allowing for the carryover of deficits accrued during the emergency deferral into one or more future compliance periods without penalty; or (C) Suspending deficit accrual during the emergency deferral period. (3)(a) In implementing an emergency deferral, the department may take an action for deferring compliance with the low carbon fuel standard other than, or in addition to, se- lecting 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 emergency deferral. (b) If the department makes the determination specified in paragraph (a) of this sub- section, the department shall: (A) Include in the order declaring an emergency deferral the determination and the action to be taken; and (B) Provide written notification and justification of the determination and the action to: (i) The Governor; (ii) The President of the Senate; (iii) The Speaker of the House of Representatives; (iv) The majority and minority leaders of the Senate; and (v) The majority and minority leaders of the House of Representatives. Enrolled House Bill 2017 (HB 2017-A) Page 140

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