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16.60.015 Authority of Director.

City Code Section

(Added by Ordinance 191100, effective December 7, 2022.)

  1. A.  The Director is authorized to administer and enforce the provisions of this Chapter.
  2. B.  The Director may, upon request, issue written interpretations of how this Chapter applies in general or to specific circumstances.
  3. C.  The Director is authorized to adopt, amend and repeal rules, procedures and forms to implement the provisions of this Chapter.
    1. 1.  Before adopting, amending or repealing a rule, the Director must notify interested parties and hold a public comment period. Such notice, which may be provided by mail or electronic means, such as posting on the Program’s website, must be published at least 4 weeks before the close of the public comment period. The notice must include instructions on how an interested party may comment on the proposed rule, a brief description of the subjects covered by the proposed rule and how to access the full text of the proposed rule.
    2. 2.  During the public comment period, the Director will receive written comments concerning the proposed rule. At the conclusion of the public comment period, the Director will either adopt the proposed rule, modify it or reject it, taking into consideration the comments received. If a substantial modification is made, an additional public comment period will be held, as determined in the Director’s sole discretion. Unless otherwise stated, all rules are effective upon adoption by the Director. Copies of all current rules will be posted on the Renewable Fuel Standard Program’s website.
    3. 3.  Notwithstanding Subsections 1. and 2., the Director may adopt an interim rule to temporarily suspend or modify the minimum biofuel content requirements, biofuel carbon intensity requirements, and exemptions of this Chapter based on the determination that such requirements are temporarily infeasible due to economic or technical circumstances. Interim rule may be adopted without prior public notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, stating the specific reasons for such prejudice. An interim rule adopted pursuant to this Subsection is effective for a period of not longer than 180 calendar days. The Director may extend the interim rule past the 180 calendar days for good cause, as determined in the Director’s sole discretion.
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