(2) Except as provided in subsection (4) of this section, a public improvement contract must require at least 80 percent of the total fleet of motor vehicles that are motor vehicles powered by diesel engines and equipment powered by nonroad diesel engines used on site and in the course of performing the contract to be:

(a) Motor vehicles powered by model year 2010 or newer diesel engines; and

(b) Equipment powered by nonroad diesel engines, whether or not capable of being powered by alternative fuel, that meet or exceed United States Environmental Protection Agency Tier 4 exhaust emission standards for nonroad compression ignition engines.

(3) Subsection (2) of this section applies only to a public improvement contract for a public improvement:

(a) With a value of $20 million or more;

(b) For which the contracting agency is a state contracting agency; and

(c) If the public improvement is located within Multnomah, Clackamas or Washington County.

(4)(a) The Department of Environmental Quality may by order establish minimum standards for contract specifications relating to the use of diesel engines in the course of performing a public improvement contract by a state contracting agency. In establishing standards under this subsection, the department shall take into consideration methods for assisting contractors certified, under ORS 200.055, as disadvantaged business enterprises, minority-owned businesses, women-owned businesses, businesses owned by service-disabled veterans or emerging small businesses in complying with the minimum standards for contract specifications.

(b) The Director of Transportation, the Director of the Oregon Department of Administrative Services and the Attorney General may adopt rules for contract specifications relating to the use of diesel engines on site and in the course of performing a public improvement contract by a state contracting agency. In adopting rules under this paragraph, the directors and the Attorney General shall consider the minimum standards established by the Department of Environmental Quality under paragraph (a) of this subsection.

(c) As an alternative to meeting the requirements of subsection (2) of this section, a public improvement contract subject to subsection (2) of this section may include contract specifications that meet the minimum standards applicable to the public improvement contract under rules adopted pursuant to paragraph (b) of this subsection. [2019 c.645 §18]

Note: Section 18a, chapter 645, Oregon Laws 2019, provides:

Sec. 18a. (1) Section 18 of this 2019 Act [279C.537] applies to public improvement contracts advertised or solicited on or after January 1, 2022, or, for public improvement contracts that are not advertised or solicited, public improvement contracts that a contracting agency enters into on or after January 1, 2022.

(2) Notwithstanding subsection (1) of this section, section 18 of this 2019 Act applies to any public improvement contract advertised or solicited on or after the effective date of this 2019 Act [August 9, 2019] or, for a public improvement contract that is not advertised or solicited, any public improvement contract that a contracting agency enters into on or after the effective date of this 2019 Act, if the public improvement contract is for:

(a) The Interstate 5 Rose Quarter Project;

(b) The Interstate 205 Abernethy Bridge Project;

(c) The Interstate 205 Freeway Widening Project;

(d) The State Highway 217 Northbound Project; or

(e) The State Highway 217 Southbound Project. [2019 c.645 §18a]

Note: 279C.537 was added to and made a part of the Public Contracting Code by legislative action but was not added to ORS chapter 279C or any series therein. See Preface to Oregon Revised Statutes for further explanation.