HB 2017 (2017), enrolled text

Extracted source text, not Atlas analysis. Native PDF text, pypdf; NFKC normalization. Charts and image-only text may be absent; verify against the linked original. Extraction does not imply page-by-page substantive review. PDF page numbers count from the first page of the file and may differ from printed page numbers.

(5) A regulated party that has a net deficit balance after the close of a credit clearance market: (a) Must carry over the remaining deficits into the next compliance period; and (b) May not be subject to interest greater than five percent, penalties or assertions of noncompliance that accrue based on the carryover of deficits under this subsection. (6) If a regulated party has been required under subsection (2) of this section to partic- ipate as a purchaser in two consecutive credit clearance markets and continues to have a net deficit balance after the close of the second consecutive credit clearance market, the Department of Environmental Quality shall complete, no later than two months after the close of the second credit clearance market, an analysis of the root cause of the inability of the regulated party to retire the remaining deficits. The department may recommend and implement any remedy that the department determines is necessary to address the root cause identified in the analysis, including but not limited to issuing a deferral, provided that the remedy implemented does not: (a) Require the regulated party to purchase credits for an amount that exceeds the maximum price for credits in the most recent credit clearance market; or (b) Compel a person to sell credits. (7) If credits sold in a credit clearance market are subsequently invalidated as a result of fraud or any other form of noncompliance on the part of the generator of the credit, the department may not pursue civil penalties against, or require credit replacement by, the regulated party that purchased the credits unless the regulated party was a party to the fraud or other form of noncompliance. (8) The department may not disclose the deficit balances or pro rata share purchase re- quirements of a regulated party that participates in the credit clearance market. SECTION 167. (1) In addition to rules adopted under ORS 468A.275 and section 161 of this 2017 Act, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of sections 159 to 167 of this 2017 Act, including but not limited to standards for persons to qualify for exemptions provided for in subsection (2) of this section. (2) The provisions of sections 159 to 167 of this 2017 Act 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 operated on highways only incidentally and that are used primarily for construction work. (f) Watercraft. (g) Railroad locomotives. (Provisions Operative January 1, 2019) SECTION 168. The amendments to section 165 of this 2017 Act by section 169 of this 2017 Act become operative on January 1, 2019. SECTION 169. Section 165 of this 2017 Act is amended to read: Sec. 165. (1) The Department of Environmental Quality shall issue an order declaring an emer- gency 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 Enrolled House Bill 2017 (HB 2017-A) Page 142

Cite this record