(1) In addition to rules adopted under ORS § 468A.266 and 468A.268, the Environmental Quality Commission may adopt rules necessary to carry out the provisions of ORS § 468A.265 to 468A.277, including but not limited to standards for persons to qualify for exemptions provided for in subsection (2) of this section.

(2) The provisions of ORS § 468A.265 to 468A.277 do not apply to fuel that is demonstrated to have been used in any of the following:

(a) Motor vehicles registered as farm vehicles under the provisions of ORS § 805.300.

(b) Farm tractors, as defined in ORS § 801.265.

(c) Implements of husbandry, as defined in ORS § 801.310.

(d) Motor trucks, as defined in ORS § 801.355, used primarily to transport logs.

(e) Motor vehicles that are not designed primarily to transport persons or property, that are operated on highways only incidentally and that are used primarily for construction work.

(f) Watercraft.

(g) Railroad locomotives. [2017 c.750 § 167]

(Miscellaneous)