Title 36A, Housing; Lottery and Games; Environment

The Oregon Climate Action Commission shall recommend ways to coordinate state and local efforts to reduce greenhouse gas emissions in Oregon consistent with the greenhouse gas emissions reduction goals established by ORS 468A.205 and shall recommend efforts to help Oregon prepare…

(1) In furtherance of the greenhouse gas emissions reduction goals established by ORS 468A.205, the Oregon Climate Action Commission may recommend statutory and administrative changes, policy measures and other recommendations to be carried out by state and local governments, bus…

The Oregon Climate Action Commission shall develop an outreach strategy to educate Oregonians about the scientific aspects and economic impacts of global warming and to inform Oregonians of ways to reduce greenhouse gas emissions and ways to prepare for the effects of global warm…

(1) The Oregon Climate Action Commission shall track and evaluate: (a) Economic, environmental, health and social assessments of global warming impacts on Oregon and the Pacific Northwest; (b) Existing greenhouse gas emissions reduction policies and measures; (c) Economic, enviro…

The Oregon Climate Action Commission may recommend to the Governor the formation of citizen advisory groups to explore particular areas of concern with regard to the reduction of greenhouse gas emissions and the effects of global warming. [2007 c.907 §13; 2023 c.442 §48] Note: Se…

The Oregon Climate Action Commission shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, by December 1 of each even-numbered year that describes Oregon’s progress toward achievement of the greenhouse gas emissions reduction goals established …

As used in ORS 468A.265 to 468A.277: (1) “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 resources, not including palm oil. (2) “Clean fuels program” means the program …

(1) The Environmental Quality Commission, by rule: (a) Shall adopt low carbon fuel standards for gasoline, diesel and fuels used as substitutes or alternatives for gasoline or diesel; and (b) Shall adopt a clean fuels program for facilitating compliance with the low carbon fuel s…

(1) The Environmental Quality Commission by rule shall prohibit fuel that consists entirely of biodiesel, designated as B100, from being considered a low carbon fuel under the low carbon fuel standards unless the fuel complies with ASTM D 6751 and has an oxidation stability induc…

(1) The clean fuels program adopted by the Environmental Quality Commission by rule under ORS 468A.266 must be designed such that: (a) Regulated parties generate deficits and may reconcile the deficits, and thus comply with the low carbon fuel standards for a compliance period, b…

(1) The division of the Oregon Department of Administrative Services that serves as office of economic analysis shall annually coordinate with the Department of Environmental Quality to develop a fuel supply forecast to project the availability of fuels to Oregon necessary for co…

(1) No later than 30 calendar days before the commencement of a compliance period, the Department of Environmental Quality shall issue an order declaring a forecast deferral if the fuel supply forecast developed under ORS 468A.272 projects that the amount of credits that will be …

(1) The Department of Environmental Quality shall issue an order declaring 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…

(1) The clean fuels program adopted by the Environmental Quality Commission by rule under ORS 468A.266 must include provisions necessary for the Department of Environmental Quality to hold credit clearance markets as a means to facilitate compliance with the low carbon fuel stand…

(1) In addition to rules adopted under ORS 468A.266 and 468A.268, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS 468A.265 to 468A.277, including but not limited to standards for persons to qualify for exemptions provided for in s…

(1) As used in this section: (a) “Greenhouse gas” has the meaning given that term in ORS 468A.210. (b) “Motor vehicle” has the meaning given that term in ORS 801.360. (2) The Environmental Quality Commission may adopt by rule standards and requirements described in this section t…

(1) In addition to any registration and reporting that may be required under ORS 468A.050, the Environmental Quality Commission by rule may require registration and reporting by: (a) Any person who imports, sells, allocates or distributes for use in this state electricity, the ge…

(1) The University of Oregon, after consultation with the Oregon State University Extension Service, shall, to the extent possible with any moneys received under subsection (3) of this section: (a) Implement the Oregon Climate Corps through the University of Oregon Institute for …

The Oregon Climate Corps Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Climate Corps Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the University of Oregon for the pu…

(1) As used in this section and ORS 468A.298: (a) “Climate protection program” means the program to reduce greenhouse gas emissions from certain air contamination sources in Oregon, first adopted by the Environmental Quality Commission by rule on December 16, 2021. (b) “Community…

The Community Climate Investment Oversight Account is established, separate and distinct from the General Fund. The account consists of moneys deposited into the account under ORS 468A.295 and moneys transferred or appropriated to the account by the Legislative Assembly. Interest…

As used in ORS 468.065, 468A.040, 468A.300 to 468A.330, 468A.345, 468A.415, 468A.420 and 468A.460 to 468A.515: (1) “Administrator” means the administrator of the United States Environmental Protection Agency. (2) “Clean Air Act” means P.L. 88-206 as amended. (3) “Federal operatin…

The Legislative Assembly declares the purpose of ORS 184.730, 184.733, 468.065, 468A.020, 468A.040, 468A.045, 468A.155, 468A.300 to 468A.330, 468A.415, 468A.420 and 468A.485 to 468A.515 is to: (1) Insure that the state meets its minimum obligations under the Clean Air Act Amendme…

(1) The Department of Environmental Quality shall prepare and submit to the Administrator of the United States Environmental Protection Agency for approval a federal operating permit program as required to implement Title V. The Environmental Quality Commission and the department…

(1) The fee schedule required under ORS 468.065 (2) for a source subject to the federal operating permit program shall be based on a schedule established by rule by the Environmental Quality Commission in accordance with this section. Except for the additional fees under subsecti…

The Department of Environmental Quality may not, pursuant to the federal operating permit program established under ORS 468A.315, require an air curtain incinerator to have a Title V operating permit if the air curtain incinerator: (1) Burns only wood waste, clean lumber or yard …

The Department of Environmental Quality shall establish a method to account for the costs of the federal operating permit program. The method shall, at a minimum, account for costs incurred for each element of the program as described in section 502(b)(3)(A)(i) through (vi) of th…

(1) Nothing in ORS 468A.040, 468A.300 to 468A.320 or this section shall require the Environmental Quality Commission or Department of Environmental Quality to make less stringent any existing element of the state’s air pollution control program. (2) To the maximum extent possible…

(1) Prior to the adoption, amendment or repeal of any rule pursuant to ORS chapter 183 that applies to any facility required to pay fees under ORS 468A.315, the Environmental Quality Commission shall include with the notice of intended action required under ORS 183.335 (1) a stat…

(1) Because of the extraordinary effect that the federal operating permit program may have on small business, there is hereby established within the Department of Environmental Quality a Small Business Stationary Source Technical and Environmental Compliance Assistance Program in…

As used in ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018: (1) “Benchmark for excess lifetime cancer risk” means: (a) For a new or reconstructed air contamination source, an excess lifetime cancer risk level of 10 in one million. (b) For an existing air con…

(1) The Environmental Quality Commission may adopt a program and rules to reduce public health risks from emissions of toxic air contaminants from individual stationary industrial and commercial air contamination sources. The program and rules adopted under this section may be in…

(1)(a) The Environmental Quality Commission may establish by rule a pilot program for evaluating and controlling public health risks from toxic air contaminant emissions from multiple stationary air contamination sources. The requirements of a pilot program adopted under this sec…

(1) The Clean Communities Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Clean Communities Fund shall be credited to the fund. (2) The Clean Communities Fund consists of moneys deposited in the fund pursuant to ORS 4…

(1) The Department of Environmental Quality shall hold any public meeting required by rules adopted pursuant to ORS 468A.335 to 468A.343 and section 7, chapter 102, Oregon Laws 2018. At least one representative of a person in control of an air contamination source for which a per…

(1) The fee schedules authorized under ORS 468.065 (2) for permits described in subsection (2) of this section may include fees that are reasonably calculated to cover the direct and indirect costs of the Department of Environmental Quality and the Environmental Quality Commissio…

As used in ORS 468A.350 to 468A.400: (1) “Certified system” means a motor vehicle pollution control system for which a certificate of approval has been issued under ORS 468A.365 (3). (2) “Factory-installed system” means a motor vehicle pollution control system installed by the ma…

For purposes of ORS 468A.350 to 468A.400, the Legislative Assembly finds: (1) That the emission of pollutants from motor vehicles is a significant cause of air pollution in many portions of this state. (2) That the control and elimination of such pollutants are of prime importanc…

(1) After public hearing and in accordance with the applicable provisions of ORS chapter 183, the Environmental Quality Commission may adopt motor vehicle emission standards. For the purposes of this section, the commission may include, as a part of such standards, any standards …

The Legislative Assembly declares the purpose of ORS 468A.363, 468A.365, 468A.400 and 815.300 is to: (1) Insure that the health of citizens in the Portland area is not threatened by recurring air pollution conditions. (2) Provide necessary authority to the Environmental Quality C…

The Environmental Quality Commission shall: (1) Determine and adopt by rule criteria for certification of motor vehicle pollution control systems. In determining the criteria the commission shall consider the following: (a) The experience of any other state or the federal governm…

The Environmental Quality Commission shall determine the most cost-effective method of conducting a motor vehicle pollution control system inspection program as required by ORS 468A.365. Upon finding that savings to the public and increased efficiency would result and the quality…

The Department of Environmental Quality shall notify the Department of Transportation and the Oregon State Police whenever certificates of approval for motor vehicle pollution control systems are approved, revoked, suspended or restricted by the Environmental Quality Commission. …

(1) The Environmental Quality Commission by rule may: (a) Establish criteria and examinations for the qualification of persons eligible to inspect motor vehicles and motor vehicle pollution control systems and execute the certificates described under ORS 815.310, and for the proc…

(1) The Environmental Quality Commission shall establish and maintain procedures and programs for determining whether motor vehicles meet the minimum requirements necessary to secure a certificate under ORS 815.310. (2) Such procedures and programs include, but are not limited to…

(1) The Department of Environmental Quality shall establish flexible weekday operating schedules for testing stations that conduct motor vehicle pollution control system inspections described under ORS 468A.365 that extend the hours of operation beyond 5 p.m. for some testing sta…

(1) If the need for a motor vehicle pollution control system inspection program is identified for an area in the State of Oregon Clean Air Act Implementation Plan, then the Environmental Quality Commission, by rule, shall designate boundaries, in addition to the areas specified i…

(1) Any person licensed to issue certificates of compliance pursuant to ORS 468A.380 shall file with the Department of Environmental Quality a surety bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The bond or letter of credit …

(1) The Department of Environmental Quality shall: (a) Establish and collect fees for application, examination and licensing of persons, equipment, apparatus or methods in accordance with ORS 468A.380 and within the following limits: (A) The fee for licensing shall not exceed $5.…

The Environmental Quality Commission and regional air pollution control authorities organized pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B by rule may regulate, limit, control or prohib…