Environmental Quality Generally

ORS 468.440
Loan terms and interest rates

  • considerations
  • rules


(1)

The Environmental Quality Commission shall establish by rule policies for establishing loan terms and interest rates for loans made from the Water Pollution Control Revolving Fund that ensure that the objectives of ORS 468.423 (Definitions for ORS 468.423 to 468.440) to 468.440 (Loan terms and interest rates) are met and that adequate funds are maintained in the Water Pollution Control Revolving Fund to meet future needs. In establishing the policy, the commission shall take into consideration at least the following factors:

(a)

The capability of the project to enhance or protect water quality.

(b)

The ability of a public agency or qualified institution to repay a loan.

(c)

Current market rates of interest.

(d)

The size of the community or district to be served by the treatment works.

(e)

The type of project financed.

(f)

The ability of the applicant to borrow elsewhere.

(g)

Whether advances have been made to the Water Pollution Control Revolving Fund from the Pollution Control Fund that must be repaid to the Pollution Control Sinking Fund.

(2)

The commission may establish an interest rate ranging from zero to the market rate. The commission may establish the loan term, provided that the loans must be fully amortized not later than 30 years after project completion.

(3)

The commission shall adopt by rule any procedures or standards necessary to carry out the provisions of ORS 468.423 (Definitions for ORS 468.423 to 468.440) to 468.440 (Loan terms and interest rates). [1987 c.648 §7; 1993 c.411 §10; 1995 c.79 §282; 2005 c.137 §1; 2015 c.626 §2; 2019 c.558 §6]
ZERO-EMISSION AND ELECTRIC VEHICLE REBATES
Note: Section 18, chapter 93, Oregon Laws 2018, provides:
Sec. 18. Chapter placement. Sections 148 to 152, chapter 750, Oregon Laws 2017, are added to and made a part of ORS chapter 468. [2018 c.93 §18]
Note: Sections 148 and 149, chapter 750, Oregon Laws 2017, provide:
Sec. 148. Definitions. As used in sections 148 to 152, chapter 750, Oregon Laws 2017:

(1)

“Light-duty zero-emission vehicle” means a motor vehicle that:

(a)

Has a gross vehicle weight rating of 8,500 pounds or less;

(b)

Is capable of attaining a speed of 55 miles per hour or more; and

(c)

Is powered:

(A)

Primarily by an electric battery and may or may not use a flywheel energy storage device or a capacitor that also stores energy to assist in vehicle operation.

(B)

By polymer electrolyte membrane fuel cells or proton exchange membrane fuel cells that use hydrogen fuel and oxygen from the air to produce electricity.

(C)

Primarily by a zero-emission energy storage device that provides enough power for the vehicle to travel 75 miles or more using only electricity and may or may not use a backup alternative power unit that does not operate until the energy storage device is fully depleted.

(2)

“Motor vehicle” has the meaning given that term in ORS 801.360 (“Motor vehicle”).

(3)

“Neighborhood electric vehicle” means a low-speed vehicle that:

(a)

Is powered using an electric battery;

(b)

Has a gross vehicle weight not exceeding 3,000 pounds; and

(c)

Has at least four wheels.

(4)

“Person” means a person as defined in ORS 174.100 (Definitions) or a public body as defined in ORS 174.109 (“Public body” defined).

(5)

“Plug-in hybrid electric vehicle” means a hybrid electric motor vehicle that:

(a)

Has zero evaporative emissions from its fuel system;

(b)

Has an onboard electrical energy storage device with useful capacity of 10 or more miles of urban dynamometer driving schedule range, as described by the United States Environmental Protection Agency, on electricity alone;

(c)

Is equipped with an onboard charger;

(d)

Is rechargeable from an external connection to an off-board electrical source;

(e)

Meets the super ultra-low emission vehicle standards for exhaust emissions, as defined by the Environmental Quality Commission by rule;

(f)

Has a warranty of at least 15 years and 150,000 miles on emission control components; and

(g)

Is capable of attaining a speed of 55 miles per hour or more.

(6)

“Qualifying vehicle” means a motor vehicle that:

(a)

Is a:

(A)

Light-duty zero-emission vehicle;

(B)

Neighborhood electric vehicle;

(C)

Plug-in hybrid electric vehicle; or

(D)

Zero-emission motorcycle;

(b)

Is new, or has been previously used only as a dealership floor model or test-drive vehicle;

(c)

Has not previously been registered;

(d)

Is constructed entirely from new parts that have never been the subject of a retail sale;

(e)

Has a base manufacturer’s suggested retail price of less than $50,000;

(f)

Is covered by a manufacturer’s express warranty on the vehicle drive train, including the applicable energy storage system or battery pack, for at least 24 months from the date of purchase; and

(g)

Is certified by the manufacturer to comply with all applicable federal safety standards issued by the National Highway Traffic Safety Administration for new motor vehicles and new motor vehicle equipment.

(7)

(a) “Vehicle dealer” means:

(A)

A person engaged in business in this state that has been issued a vehicle dealer certificate under ORS 822.020 (Issuance of certificate); and

(B)

A person engaged in business in another state that would be subject to ORS 822.005 (Acting as vehicle dealer without certificate) if the person engaged in business in this state.

(b)

Notwithstanding paragraph (a) of this subsection, a person is not a vehicle dealer for purposes of sections 148 to 152, chapter 750, Oregon Laws 2017, to the extent the person:

(A)

Conducts an event that lasts less than seven consecutive days, for which the public is charged admission and at which otherwise qualifying vehicles are sold at auction; or

(B)

Sells an otherwise qualifying vehicle at auction at an event described in this paragraph.

(8)

“Zero-emission motorcycle” means a motorcycle that:

(a)

Has zero evaporative emissions from its fuel system;

(b)

Is capable of attaining a speed of 55 miles per hour or more;

(c)

Is designed to travel on two wheels; and

(d)

Is powered by electricity. [2017 c.750 §148; 2017 c.750 §154; 2019 c.491 §34]
Sec. 149. Zero-emission and electric vehicle rebate program; rules. (1) The Department of Environmental Quality shall establish a program for providing rebates to persons that purchase or lease qualifying vehicles for use in this state. The Director of the Department of Environmental Quality may hire or contract with a third-party organization to implement and serve as the administrator of the program required by this section.

(2)

The department may:

(a)

Specify design features for the program; and

(b)

Establish procedures to:

(A)

Prioritize available moneys for specific qualifying vehicles; and

(B)

Limit the number of rebates available for each type of qualifying vehicle.

(3)

The purchaser or lessee of a qualifying vehicle may apply for a rebate for a portion of the purchase price or may choose to assign the rebate to a vehicle dealer or lessor.

(4)

Rebates under the program shall be made from moneys credited to or deposited in the Zero-Emission Incentive Fund established under section 152, chapter 750, Oregon Laws 2017. A rebate may not be made until there are sufficient moneys available in the fund to make the rebate.

(5)

The department shall prescribe the rebate application procedure for purchasers and lessees. All rebate applications must include a declaration under penalty of perjury in the form required by ORCP 1 E.

(6)

Rebates for qualifying vehicles shall be set annually by the department as follows:

(a)

For light-duty zero-emission vehicles and plug-in hybrid electric vehicles with an electrochemical energy storage capacity of 10 kilowatt hours or more, up to $2,500 but no less than $1,500.

(b)

For light-duty zero-emission vehicles or plug-in hybrid electric vehicles with an electrochemical energy storage capacity of less than 10 kilowatt hours, up to $1,500 but no less than $750.

(c)

For neighborhood electric vehicles, up to $750 but not less than $375.

(d)

For zero-emission motorcycles, up to $750 but not less than $375.

(7)

To be eligible for a rebate, a person requesting a rebate under the program shall:

(a)

Purchase or lease a qualifying vehicle. A lease must have a minimum term of 24 months.

(b)

Provide proof of an intent to use the qualifying vehicle primarily on the public highways of this state, which may be satisfied by providing proof of registration of the qualifying vehicle in Oregon.

(c)

Submit an application for a rebate to the administrator of the program within six months after the date of purchase of the qualifying vehicle or six months after the date the lease of the qualifying vehicle begins.

(d)

Retain registration of the qualifying vehicle for a minimum of 24 consecutive months after the date of purchase or the date the lease begins.

(8)

A rebate recipient may not make or allow any modifications to the qualifying vehicle’s emissions control systems, hardware, software calibrations or hybrid system.

(9)

(a) If a rebate recipient sells the qualifying vehicle or terminates the qualifying vehicle lease before the end of 24 months, the rebate recipient shall:

(A)

Notify the administrator of the program of the sale or termination; and

(B)

Reimburse the administrator for the rebate in a prorated amount based on the number of months that the rebate recipient owned or leased the qualifying vehicle.

(b)

The administrator may waive the reimbursement requirement under paragraph (a) of this subsection if the administrator determines that a waiver is appropriate given unforeseeable or unavoidable circumstances that gave rise to a need for the rebate recipient to sell the qualifying vehicle or terminate the qualifying vehicle lease before the end of 24 months.

(10)

Rebate recipients may be requested to participate in ongoing research efforts.

(11)

The administrator of the program shall work to ensure timely payment of rebates with a goal of paying rebates within 60 days after receiving an application for a rebate.

(12)

A vehicle dealer may advertise the program on the premises owned or operated by the vehicle dealer. If no moneys are available from the program or the program otherwise changes, a vehicle dealer who advertises the program may not be held liable for advertising false or misleading information.

(13)

The Environmental Quality Commission may adopt any rules necessary to carry out the provisions of this section. [2017 c.750 §149; 2017 c.750 §155; 2018 c.93 §§19,20; 2019 c.491 §35]
Note: Section 37, chapter 491, Oregon Laws 2019, provides:
Sec. 37. Rebate application period extension. (1) Notwithstanding section 149 (7)(c), chapter 750, Oregon Laws 2017, a person may submit an application for a rebate to the administrator of the program established under section 149, chapter 750, Oregon Laws 2017, within six months after the effective date of this 2019 Act [September 29, 2019], if the person purchased or leased a vehicle at any time beginning January 1, 2018, and ending August 2, 2018.

(2)

Notwithstanding section 150 (8)(d), chapter 750, Oregon Laws 2017, a person may submit an application for a charge ahead rebate to the administrator of the Charge Ahead Oregon Program within six months after the effective date of this 2019 Act, if the person purchased or leased a vehicle at any time beginning January 1, 2018, and ending August 2, 2018. [2019 c.491 §37]
Note: Sections 150 to 152, 156 and 157, chapter 750, Oregon Laws 2017, provide:
Sec. 150. Charge Ahead Oregon Program; rules. (1) As used in this section:

(a)

“Area median income” means the median income for the metropolitan statistical area in which a household is located or, if the household is not located within a metropolitan statistical area, for the metropolitan statistical area in closest proximity to the location of the household, as determined by the Housing and Community Services Department, adjusted for household size.

(b)

“Charge ahead rebate” means a rebate for the purchase or lease of a new or used light-duty zero-emission vehicle or plug-in hybrid electric vehicle issued through the Charge Ahead Oregon Program established under this section.

(c)

“Low income household” means a household with income less than or equal to 80 percent of the area median income.

(d)

“Moderate income household” means a household with income less than or equal to 120 percent and greater than 80 percent of the area median income.

(2)

The Department of Environmental Quality shall establish a Charge Ahead Oregon Program to provide for charge ahead rebates to low income households and moderate income households. The Director of the Department of Environmental Quality may hire or contract with a third-party organization to implement and serve as the administrator of the program required by this section.

(3)

The department may:

(a)

Specify design features for the program; and

(b)

Establish procedures to:

(A)

Prioritize available moneys to specific income levels or geographic areas; and

(B)

Limit the number of charge ahead rebates available.

(4)

An eligible purchaser or lessee of a new or used light-duty zero-emission vehicle or plug-in hybrid electric vehicle may apply for a charge ahead rebate for a portion of the purchase price or may choose to assign the charge ahead rebate to a vehicle dealer or lessor.

(5)

Rebates under the Charge Ahead Oregon Program shall be made from moneys credited to or deposited in the Zero-Emission Incentive Fund established under section 152, chapter 750, Oregon Laws 2017. A rebate may not be made until there are sufficient moneys available in the fund to make the rebate.

(6)

The department shall prescribe the rebate application procedure for purchasers and lessees. All rebate applications must include a declaration under penalty of perjury in the form required by ORCP 1 E.

(7)

Charge ahead rebates shall be in an amount up to $2,500, but not less than $1,250.

(8)

To be eligible for a charge ahead rebate, a person requesting a rebate under the program must:

(a)

Be a member of a low income household or a moderate income household.

(b)

Purchase or lease a new or used light-duty zero-emission vehicle or plug-in hybrid electric vehicle. A lease must have a minimum term of 24 months.

(c)

Provide proof of an intent to use the light-duty zero-emission vehicle or plug-in hybrid electric vehicle primarily on the public highways of this state, which may be satisfied by providing proof of registration of the vehicle in Oregon.

(d)

Submit an application for a charge ahead rebate to the administrator of the program within six months of the date of purchase or six months from the date the lease begins.

(e)

Retain registration of the light-duty zero-emission vehicle for a minimum of 24 consecutive months following the date of purchase or following the date the lease begins.

(9)

A person that receives a charge ahead rebate may not make or allow any modifications to the vehicle’s emissions control systems, hardware, software calibrations or hybrid system.

(10)

(a) If a charge ahead rebate recipient sells the vehicle or terminates the vehicle lease before the end of 24 months, the charge ahead rebate recipient shall:

(A)

Notify the administrator of the program of the sale or termination; and

(B)

Reimburse the administrator for the rebate in a prorated amount based on the number of months that the rebate recipient owned or leased the qualifying vehicle.

(b)

The administrator may waive the reimbursement requirement under paragraph (a) of this subsection if the administrator determines that a waiver is appropriate given unforeseeable or unavoidable circumstances that gave rise to a need for the rebate recipient to sell the qualifying vehicle or terminate the qualifying vehicle lease before the end of 24 months.

(11)

Charge ahead rebate recipients may be requested to participate in ongoing research efforts.

(12)

The administrator of the program shall work to ensure timely payment of charge ahead rebates with a goal of paying rebates within 60 days of receiving an application for a charge ahead rebate.

(13)

In establishing the Charge Ahead Oregon Program, the department shall provide opportunities for public comment by low income households, moderate income households and community-based organizations that are located in areas of this state that have elevated concentrations of air contaminants attributable to motor vehicle emissions, relative to other areas of the state. The department shall use the comments received pursuant to this subsection to inform, evaluate and strengthen the design of the program in order to increase the usage of light-duty zero-emission vehicles and plug-in hybrid electric vehicles.

(14)

The administrator of the program shall, throughout the course of implementing the program, conduct community outreach to low income households, moderate income households and community-based organizations that are located in areas of this state that have elevated concentrations of air contaminants attributable to motor vehicle emissions, relative to other areas of the state, in order to:

(a)

Solicit feedback on program implementation; and

(b)

Take steps to ensure that the program is promoted effectively.

(15)

A vehicle dealer may advertise the Charge Ahead Oregon Program on the premises owned or operated by the vehicle dealer. If no moneys are available from the program or the program otherwise changes, a vehicle dealer who advertises the program may not be held liable for advertising false or misleading information.

(16)

A charge ahead rebate may be combined with a rebate described in section 149, chapter 750, Oregon Laws 2017.

(17)

An organization that the department has hired or contracted with to implement and serve as the administrator of the program may offer expanded financing mechanisms for program participants, including, but not limited to, a loan or loan-loss reserve credit enhancement program to increase consumer access to new or used light-duty zero-emission vehicles and plug-in hybrid electric vehicles.

(18)

The Environmental Quality Commission may adopt any rules necessary to carry out the provisions of this section. [2017 c.750 §150; 2018 c.93 §21; 2019 c.491 §36]
Sec. 151. Audits; reports. (1) The Department of Environmental Quality shall periodically audit, or cause to be audited, the programs established under sections 149 and 150 of this 2017 Act to determine whether the programs are being implemented and administered in compliance with the provisions of sections 148 to 152 of this 2017 Act.

(2)

No later than September 15 of each even-numbered year, the department shall provide a report to the Legislative Assembly, in the manner provided in ORS 192.245 (Form of report to legislature), that includes, at a minimum:

(a)

A description of the uses to date of moneys in the Zero-Emission Incentive Fund established under section 152 of this 2017 Act;

(b)

An analysis of the effectiveness of the rebate program established under section 149 of this 2017 Act;

(c)

An analysis of the effectiveness of the Charge Ahead Oregon Program established under section 150 of this 2017 Act;

(d)

Recommendations, which may include recommendations for legislation, on ways to improve the programs established under sections 149 and 150 of this 2017 Act; and

(e)

The results of any audits conducted under subsection (1) of this section. [2017 c.750 §151]
Sec. 152. Zero-Emission Incentive Fund; rules. (1) The Zero-Emission Incentive Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Zero-Emission Incentive Fund shall be credited to the fund.

(2)

Moneys in the Zero-Emission Incentive Fund shall consist of:

(a)

Amounts donated to the fund;

(b)

Amounts transferred to the fund by the Department of Revenue under section 96 of this 2017 Act [320.435 (Deposit of revenue from motor vehicle privilege and use taxes)];

(c)

Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

(d)

Other amounts deposited in the fund from any public or private source; and

(e)

Interest earned by the fund.

(3)

The Department of Environmental Quality shall encourage gifts, grants, donations or other contributions to the fund.

(4)

Moneys in the fund are continuously appropriated to the department to be used to carry out the provisions of sections 148 to 152 of this 2017 Act.

(5)

No more than 10 percent of the moneys deposited in the fund per biennium may be expended to pay the expenses incurred in the administration of sections 148 to 152 of this 2017 Act by:

(a)

The department; and

(b)

Any third-party organization that the department hires or contracts with under sections 149 and 150 of this 2017 Act.

(6)

The Environmental Quality Commission may adopt by rule provisions for the allocation of moneys deposited in the fund between the programs established under sections 149 and 150 of this 2017 Act. Rules adopted under this subsection must require that at least 10 percent of the moneys deposited in the fund per biennium are allocated to fund the provision of rebates through the Charge Ahead Oregon Program established under section 150 of this 2017 Act. [2017 c.750 §152]
Sec. 156. Applicability of rebates. Rebates may be issued under sections 149 and 150 of this 2017 Act for motor vehicles purchased or leased on or after the effective date of this 2017 Act [October 6, 2017]. [2017 c.750 §156]
Sec. 157. Sunset. (1) Sections 148 to 152 of this 2017 Act are repealed on January 2, 2024.

(2)

Any moneys remaining in the Zero-Emission Incentive Fund established under section 152 of this 2017 Act on the date of the repeal specified in subsection (1) of this subsection that are unexpended, unobligated and not subject to any conditions shall be transferred by the State Treasurer to the credit of an account of the Department of Environmental Quality to be used for vehicle emission reduction programs. [2017 c.750 §157]
Chapter 468

See also annotations under ORS chapter 449 in permanent edition.

Notes of Decisions

It was proper for Department of Environmental Quality to consider statutory provisions of this chapter while acting on solid waste disposal permit application under ORS 459.205 to 459.265. Land Reclamation, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), Sup Ct review denied

Atty. Gen. Opinions

Authority of department to review engineering data and design of wigwam waste burner or of air pollution control equipment, or to prohibit construction or installation, (1971) Vol 35, p 917; state antipollution regulations applicable to mining activities in wilderness areas in national parks, (1972) Vol 35, p 1042; power of department to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100; authority of Environmental Quality Commission and Department of Environmental Quality to regulate disposition of food processing byproducts to prevent air or water pollution, (1979) Vol 39, p 770

Law Review Citations

4 EL 339 (1974)


Source

Last accessed
Jun. 26, 2021