Section 468.444 - 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 ORS 468.449. 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