2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 468 - Environmental Quality Generally
Section 468.446 - Charge Ahead Oregon Program; rules.
(1) As used in this section:
(a) "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.
(b) "Low-income service provider" means an organization that provides health, dental, social, financial, energy conservation or other assistive services to low or moderate income individuals or low or moderate income households, as further defined by the Environmental Quality Commission by rule.
(c) "Qualifying household" means a household with income that does not exceed 400 percent of federal poverty guidelines.
(2) The Department of Environmental Quality shall establish a Charge Ahead Oregon Program for providing charge ahead rebates to qualifying households and low-income service providers. 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 ORS 468.449. 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 eligible 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 $5,000, but not less than $2,500.
(8) To be eligible for a charge ahead rebate, a person requesting a rebate under the program must:
(a) Be a member of a qualifying household or be a low-income service provider.
(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 qualifying households, low-income service providers and other 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 qualifying households, low-income service providers and other 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 ORS 468.444.
(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; 2021 c.95 §5]
