(2) The department may contract with an independent third-party to implement the program described in subsection (1) of this section.

(3) The commission may establish by rule a schedule of fees for participation in the program developed under this section. The fees established under this section shall be based upon the costs of the department in carrying out the program.

(4) The fees collected under subsection (3) of this section shall be deposited into the State Treasury to the credit of an account of the department and are continuously appropriated to the department for payment of the costs of the department in carrying out the provisions of this section. [2019 c.645 §15]

Note: Sections 19 and 20, chapter 645, Oregon Laws 2019, provide:

Sec. 19. Supporting Businesses in Reducing Diesel Emissions Task Force. (1) The Supporting Businesses in Reducing Diesel Emissions Task Force is established.

(2) The task force consists of 11 members appointed as follows:

(a) The President of the Senate shall appoint one member from the majority party of the Senate and one member from the minority party of the Senate.

(b) The Speaker of the House of Representatives shall appoint one member from the majority party of the House of Representatives and one member from the minority party of the House of Representatives.

(c) The President and the Speaker shall coordinate to jointly appoint seven members as follows:

(A) One member of the public who is an elected official of a government entity having jurisdiction in an area with elevated concentrations of diesel particulate matter;

(B) Two members of the public who represent organizations concerned with the impacts of diesel emissions on health and communities;

(C) One member of the public who represents the trucking or freight industry;

(D) One member of the public who represents a business that operates equipment that is likely to be powered by diesel engines;

(E) One member of the public who represents contractors or businesses that retain the services of subcontractors that operate motor vehicles or equipment powered by diesel engines; and

(F) One member of the public who represents environmental justice communities.

(3) The task force shall:

(a) Consider public funding strategies for supporting businesses in reducing emissions from diesel engines used in the course of conducting business activities.

(b) Evaluate and develop recommendations related to funding strategies that shall include, but need not be limited to:

(A) Taxes;

(B) Fees;

(C) Contract requirements or funding set-asides; and

(D) Strategies employed by other states to accrue funds for diesel emissions reduction programs.

(c) Develop statewide incentive strategies to encourage replacement, repower or retrofitting of medium-duty trucks and heavy-duty trucks owned by owners located outside Multnomah, Clackamas or Washington County, taking into consideration the incentive strategies employed by adjoining states.

(d) Identify the barriers to small contractor participation in public contracting that exist under clean diesel in public contracting provisions.

(4) A majority of the voting members of the task force constitutes a quorum for the transaction of business.

(5) Official action by the task force requires the approval of a majority of the voting members of the task force, except that in the event of a tie vote, the vote of the chairperson shall decide the action.

(6) The task force shall elect one of its members to serve as chairperson.

(7) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(8) The task force shall first convene no later than September 15, 2019, and shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force.

(9) The task force may adopt rules necessary for the operation of the task force.

(10) The task force shall submit a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to environment and natural resources no later than September 15, 2020.

(11) The Legislative Policy and Research Director shall provide staff support to the task force.

(12) Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only.

(13) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

(14) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of the duties of the task force and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the task force consider necessary to perform their duties. [2019 c.645 §19]

Sec. 20. Section 19 of this 2019 Act is repealed on December 31, 2020. [2019 c.645 §20]