73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
House Bill 2101
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Office of the Governor)
CHAPTER ................
AN ACT
Relating to Oregon security; creating new provisions; amending
ORS 401.025, 401.270, 401.305, 401.515, 453.307, 453.317,
453.520, 453.825, 466.620 and 654.196; repealing ORS 453.510,
453.517 and 453.527; limiting expenditures; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Oregon Legislative Assembly finds that:
(a) The public safety communications infrastructure of the
State of Oregon is rapidly aging, outdated and at severe risk of
failure;
(b) The adopted policies and standards and specific deadlines
mandated by the Federal Communications Commission will require
replacement of statewide public safety communications
infrastructure in the State of Oregon;
(c) The reliability of mission-critical public safety
communications infrastructure during a man-made or natural
disaster is crucial to saving lives and property and to
protecting the public during an emergency;
(d) The deteriorating condition of our public safety radio
systems is of immediate concern because it compromises the safety
and well-being of the citizens of the State of Oregon who depend
upon lifesaving communications systems used by first responders;
(e) The majority of the communications systems in the State of
Oregon are unreliable, greatly increasing the danger to first
responders and law enforcement officers in carrying out their
duty to protect the citizens and property of the State of Oregon;
(f) It is in the public interest of Oregonians to plan for
improvement of the public safety communications infrastructure to
ensure long-term stability; and
(g) Federal funding for homeland security may be available to
facilitate all or part of the development and implementation of a
plan for improvement of the public safety communications
infrastructure in the State of Oregon.
(2) It is the policy of the State of Oregon:
(a) To develop, finance, maintain and operate a single
emergency response wireless communications infrastructure that
supports both the communications needs of all state agencies and
ensures communications interoperability among all state, local,
tribal and federal public safety agencies, thereby maximizing
shared use of this invaluable public asset.
Enrolled House Bill 2101 (HB 2101-B) Page 1
(b) To meet Federal Communications Commission mandates for the
conversion of public safety communications frequencies and
spectrum allocation by 2013. + }
SECTION 2. { + (1) Under the direction of the Governor, the
Office of Emergency Management shall coordinate the work of
public safety agencies in the state and the State
Interoperability Executive Council, created under section 3 of
this 2005 Act, to develop a Public Safety Wireless Infrastructure
Replacement Plan that:
(a) Guides consolidation of existing radio infrastructure;
(b) Provides for future management of the infrastructure;
(c) Details the engineering and technology specifications for
replacement and modernization of the public safety communications
infrastructure, allowing for alternative options and phased
system development; and
(d) Describes the overall benefits and cost of the system
including, but not limited to, specific descriptions of:
(A) The capability of the system to facilitate interconnections
among state, local and federal systems;
(B) How the system will comply with Federal Communications
Commission requirements; and
(C) Avoided costs the shared system can provide.
(2) The Office of Emergency Management shall:
(a) Submit reports on the progress of plan development to the
Emergency Board and the Joint Legislative Committee on
Information Management and Technology on or before November 30,
2005, and June 30, 2006.
(b) Submit the final plan to the Governor, the President of the
Senate and the Speaker of the House of Representatives on or
before January 12, 2007.
(c) Concurrent with submission of the final plan, submit to the
Legislative Assembly one or more proposals for financing
implementation of the plan that include consideration of the
following financial resources:
(A) Federal funding sources;
(B) Existing or new fee income or excise taxes; and
(C) Cooperative local and state financing components. + }
SECTION 3. { + (1) The State Interoperability Executive
Council is created within the Office of Emergency Management. The
membership of the council shall consist of:
(a) Two members from the Legislative Assembly, as follows:
(A) The President of the Senate shall appoint one member from
the Senate with an interest in public safety communications
infrastructure; and
(B) The Speaker of the House of Representatives shall appoint
one member from the House of Representatives with an interest in
public safety and wireless communications infrastructure.
(b) The following members appointed by the Governor:
(A) One member from the Department of State Police;
(B) One member from the Office of Emergency Management;
(C) One member from the State Forestry Department;
(D) One member from the Department of Corrections;
(E) One member from the Department of Transportation;
(F) One member from the Oregon Department of Administrative
Services;
(G) One member from the Department of Human Services;
(H) One member from the Oregon Military Department;
(I) One member from the Department of Public Safety Standards
and Training;
(J) One member of an Indian tribe as defined in ORS 97.740;
Enrolled House Bill 2101 (HB 2101-B) Page 2
(K) One member from a nonprofit professional organization
devoted to the enhancement of public safety communications
systems; and
(L) One member from the public.
(c) The following members appointed by the Governor with the
concurrence of the President of the Senate and the Speaker of the
House of Representatives:
(A) One member from the Oregon Fire Chiefs' Association;
(B) One member from the Oregon Association Chiefs of Police;
(C) One member from the Oregon State Sheriffs' Association;
(D) One member from the Association of Oregon Counties;
(E) One member from the League of Oregon Cities; and
(F) One member from the Special Districts Association of
Oregon.
(2) Each agency or organization identified in subsection
(1)(b)(A) to (I) and (1)(c) of this section shall recommend a
person from the agency or organization for membership on the
council.
(3) Members of the council are not entitled to compensation,
but in the discretion of the Director of the Office of Emergency
Management may be reimbursed from funds available to the Office
of Emergency Management for actual and necessary travel and other
expenses incurred by them in the performance of their official
duties in the manner and amount provided in ORS 292.495.
(4) Members of the Legislative Assembly appointed to the
council are nonvoting members and may act in an advisory capacity
only. + }
SECTION 4. { + The State Interoperability Executive Council
created under section 3 of this 2005 Act shall:
(1) Work with public safety agencies in the state to develop a
Public Safety Wireless Infrastructure Replacement Plan as
provided under section 2 of this 2005 Act.
(2) Develop an Oregon Interoperable Communication Plan. The
goal of the plan shall be to achieve statewide interoperability
within six years of the effective date of this 2005 Act. In
developing the plan, the council shall:
(a) Recommend strategies to improve wireless interoperability
among state and local public safety agencies;
(b) Develop standards to promote consistent development of
existing and future wireless communications infrastructures;
(c) Identify immediate short-term technological and policy
solutions to tie existing wireless communications infrastructures
together into an interoperable communications system;
(d) Develop long-term technological and policy recommendations
to establish a statewide public safety radio system to improve
emergency response and day-to-day public safety operations; and
(e) Develop recommendations for legislation and for the
development of state and local policies to promote wireless
interoperability in Oregon.
(3) Approve, subject to approval by the Director of the Office
of Emergency Management, investments by the State of Oregon in
public safety communications systems.
(4) Coordinate state and local activities related to obtaining
federal grants for support of interoperability.
(5) Develop and provide technical assistance, training and, if
requested, appropriate dispute resolution services to state and
local agencies responsible for implementation of the Oregon
Interoperable Communication Plan.
(6) Report, in the manner required by ORS 192.245, to the
Legislative Assembly on or before February 1 of each odd-numbered
Enrolled House Bill 2101 (HB 2101-B) Page 3
year on the development of the Oregon Interoperable Communication
Plan and the council's other activities.
(7) Adopt rules necessary to carry out its duties and
powers. + }
SECTION 5. { + (1) The Director of the Office of Emergency
Management shall advise the State Interoperability Executive
Council on the implementation of the Oregon Interoperable
Communication Plan and coordinate interoperability among all
state agencies.
(2) State agencies that own or operate public safety
communications systems shall coordinate their efforts and
investments to achieve the statewide interoperability goal set by
the council and implement the Oregon Interoperable Communication
Plan approved by the director. + }
SECTION 6. { + Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by
section 2, chapter ___, Oregon Laws 2005 (Enrolled House Bill
5167), for the biennium beginning July 1, 2005, as the maximum
limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds and federal funds, collected or received by the Office of
Emergency Management is increased by $382,000 for the purpose of
carrying out the provisions of sections 2, 3, 4 and 5 of this
2005 Act. + }
SECTION 7. { + (1) The Interagency Hazard Communication
Council is abolished. On the operative date of this section, the
tenure of the members of the council ceases.
(2) All the duties, functions and powers of the Interagency
Hazard Communication Council are imposed upon, transferred to and
vested in the office of the State Fire Marshal.
(3) The chairperson of the Interagency Hazard Communication
Council shall deliver to the office of the State Fire Marshal all
records and property within the jurisdiction of the council that
relate to the duties, functions and powers transferred by this
section. + }
SECTION 8. { + (1) The Oregon Homeland Security Council is
created within the Office of Emergency Management. The council
shall:
(a) Receive briefings on security matters for which the office
is responsible at least annually from state agencies and
organizations as determined by the council; and
(b) Advise state agencies with responsibility for security
matters on the future direction of the office's planning,
preparedness, response and recovery activities.
(2) The membership of the council shall consist of:
(a) Four members from the Legislative Assembly appointed as
follows:
(A) Two members from the Senate appointed by the President of
the Senate; and
(B) Two members from the House of Representatives appointed by
the Speaker of the House of Representatives;
(b) The Governor;
(c) The Adjutant General;
(d) The Superintendent of State Police;
(e) The Director of the Office of Emergency Management; and
(f) Additional members appointed by the Governor who the
Governor determines necessary to fulfill the functions of the
council, including state agency heads, elected state officials,
local government officials, a member of the governing body of an
Indian tribe and representatives from the private sector.
Enrolled House Bill 2101 (HB 2101-B) Page 4
(3) Each member appointed to the council under subsection
(2)(a) and (f) of this section serves at the pleasure of the
appointing authority. The membership of a public official ceases
upon termination of the office held by the official at the time
of appointment to the council.
(4) The Governor shall be chairperson of the council.
(5) Members of the council are not entitled to compensation
but, at the discretion of the director, may be reimbursed, in the
manner and amount provided in ORS 292.495, from funds available
to the office for actual and necessary travel and other expenses
incurred in the performance of their duties as members of the
council. + }
SECTION 9. ORS 401.025 is amended to read:
401.025. As used in ORS 401.015 to 401.105, 401.260 to 401.325
and 401.355 to 401.580, unless the context requires otherwise:
(1) 'Beneficiary' has the meaning given that term in ORS
656.005.
(2) 'Commission' means the Seismic Safety Policy Advisory
Commission established under ORS 401.337.
{ - (3) 'Director' means the Director of the Office of
Emergency Management. - }
{ - (4) - } { + (3) + } 'Emergency' includes any
{ - man-made - } { + human caused + } or natural event or
circumstance causing or threatening loss of life, injury to
person or property, human suffering or financial loss, and
includes, but is not limited to, fire, explosion, flood, severe
weather, drought, earthquake, volcanic activity, spills or
releases of oil or hazardous material as defined in ORS 466.605,
contamination, utility or transportation emergencies, disease,
blight, infestation, crisis influx of migrants unmanageable by
the county, civil disturbance, riot, sabotage and war.
{ - (5) - } { + (4) + } 'Emergency management agency' means
an organization created and authorized under ORS 401.015 to
401.105, 401.260 to 401.325 and 401.355 to 401.580 by the state,
county or city to provide for and assure the conduct and
coordination of functions for comprehensive emergency program
management.
{ - (6) - } { + (5) + } 'Emergency program management'
includes all the tasks and activities necessary to provide,
support and maintain the ability of the emergency services system
to prevent or reduce the impact of emergency or disaster
conditions which includes, but is not limited to, coordinating
development of plans, procedures, policies, fiscal management,
coordination with nongovernmental agencies and organizations,
providing for a coordinated communications and alert and
notification network and a public information system, personnel
training and development and implementation of exercises to
routinely test the emergency services system.
{ - (7) - } { + (6) + } 'Emergency program manager' means
the person administering the emergency management agency of a
county or city.
{ - (8) - } { + (7) + } 'Emergency service agency' means an
organization within a local government which performs essential
services for the public's benefit prior to, during or following
an emergency. This includes, but is not limited to,
organizational units within local governments, such as law
enforcement, fire control, health, medical and sanitation
services, public works and engineering, public information and
communications.
Enrolled House Bill 2101 (HB 2101-B) Page 5
{ - (9) - } { + (8) + } 'Emergency service worker' means an
individual who, under the direction of an emergency service
agency or emergency management agency, performs emergency
services and:
(a) Is a registered volunteer or independently volunteers to
serve without compensation and is accepted by the
{ - office - } { + Office of Emergency Management + } or the
emergency management agency of a county or city; or
(b) Is a member of the Oregon State Defense Force acting in
support of the emergency services system.
{ - (10) - } { + (9) + } 'Emergency services' includes
those activities provided by state and local government agencies
with emergency operational responsibilities to prepare for and
carry out any activity to prevent, minimize, respond to or
recover from an emergency. These activities include, without
limitation, coordination, preparedness planning, training,
interagency liaison, fire fighting, oil or hazardous material
spill or release cleanup as defined in ORS 466.605, law
enforcement, medical, health and sanitation services, engineering
and public works, search and rescue activities, warning and
public information, damage assessment, administration and fiscal
management, and those measures defined as 'civil defense' in
section 3 of the Act of January 12, 1951, P.L. 81-920 (50 U.S.C.
2252).
{ - (11) - } { + (10) + } 'Emergency services system' means
that system composed of all agencies and organizations involved
in the coordinated delivery of emergency services.
{ - (12) - } { + (11) + } 'Injury' means any personal
injury sustained by an emergency service worker by accident,
disease or infection arising out of and in the course of
emergency services or death resulting proximately from the
performance of emergency services.
{ - (13) - } { + (12) + } 'Local government' means any
governmental entity authorized by the laws of this state.
{ - (14) - } { + (13) + } 'Major disaster' means any event
defined as a ' major disaster' { - by the Act of May 22, 1974,
P.L. 93-288 - } { + under 42 U.S.C. 5122(2) + }.
{ - (15) 'Office' means the Office of Emergency Management of
the Department of State Police. - }
{ - (16) - } { + (14) + } 'Oregon emergency management
plan' means the state emergency preparedness operations and
management plan. The Office of Emergency Management is
responsible for coordinating emergency planning with government
agencies and private organizations, preparing the plan for the
Governor's signature, and maintaining and updating the plan as
necessary.
{ - (17) - } { + (15) + } 'Search and rescue' means the
acts of searching for, rescuing or recovering, by means of ground
or marine activity, any person who is lost, injured or killed
while out of doors. However, 'search and rescue' does not include
air activity in conflict with the activities carried out by the
Oregon Department of Aviation.
{ - (18) - } { + (16) + } 'Sheriff' means the chief law
enforcement officer of a county.
SECTION 10. ORS 401.270 is amended to read:
401.270. The Director of the Office of Emergency Management
shall be responsible for coordinating and facilitating emergency
planning, preparedness, response and recovery activities with the
state and local emergency services agencies and organizations,
Enrolled House Bill 2101 (HB 2101-B) Page 6
and shall, with the approval of the Superintendent of State
Police or as directed by the Governor:
(1) Make rules that are necessary and proper for the
administration and implementation of ORS 401.015 to 401.105,
401.260 to 401.325, 401.355 to 401.580 and 401.706;
(2) Coordinate the activities of all public and private
organizations specifically related to providing emergency
services within this state;
(3) Maintain a cooperative liaison with emergency management
agencies and organizations of local governments, other states and
the federal government;
(4) Have such additional authority, duties and responsibilities
authorized by ORS 401.015 to 401.105, 401.260 to 401.325 and
401.355 to 401.580 or as may be directed by the Governor;
(5) Administer grants relating to emergency program management
and emergency services for the state;
(6) Provide for and staff a State Emergency Operations Center
to aid the Governor and the Office of Emergency Management in the
performance of duties under ORS 401.015 to 401.105, 401.260 to
401.325, 401.355 to 401.580 and 401.706;
(7) Serve as the Governor's authorized representative for
coordination of certain response activities and managing the
recovery process;
(8) Establish training and professional standards for local
emergency program management personnel;
(9) Establish task forces and advisory groups to assist the
office in achieving mandated responsibilities; { - and - }
(10) Enforce compliance requirements of federal and state
agencies for receiving funds and conducting designated emergency
functions { - . - } { + ; and + }
{ + (11) Coordinate the activities of state and local
governments to enable state and local governments to work
together during domestic incidents as provided in the National
Incident Management System established by the Homeland Security
Presidential Directive 5 of February 28, 2003. + }
SECTION 11. ORS 401.305 is amended to read:
401.305. { + (1) + } Each county of this state shall, and each
city may, establish an emergency management agency which shall be
directly responsible to the executive officer or governing body
of the county or city.
{ + (2) + } The executive officer or governing body of each
county and any city which participates shall appoint an emergency
program manager who shall have responsibility for the
organization, administration and operation of such agency,
subject to the direction and control of the county or city.
{ + (3) + } The local governing bodies of counties and cities
that have both city and county emergency management programs
shall jointly establish policies which provide direction and
identify and define the purpose and roles of the individual
emergency management programs, specify the responsibilities of
the emergency program managers and staff and establish lines of
communication, succession and authority of elected officials for
an effective and efficient response to emergency conditions.
{ + (4) + } Each emergency management agency shall perform
emergency program management functions within the territorial
limits of the county or city and may perform such functions
outside the territorial limits as required under any mutual aid
or cooperative assistance agreement or as authorized by the
county or city.
Enrolled House Bill 2101 (HB 2101-B) Page 7
{ + (5) + } { - Such - } { + The + } emergency management
functions shall include, as a minimum { - , - } { + :
(a) + } Coordination of the planning activities necessary to
prepare and maintain a current emergency operations plan,
management and maintenance of emergency operating facilities from
which elected and appointed officials can direct emergency and
disaster response activities { - , and - } { + ;
(b) + } Establishment of an incident command structure for
management of a coordinated response by all local emergency
service agencies { + ; and
(c) Coordination with the Office of Emergency Management to
integrate effective practices in emergency preparedness and
response as provided in the National Incident Management System
established by the Homeland Security Presidential Directive 5 of
February 28, 2003 + }.
SECTION 12. ORS 401.515 is amended to read:
401.515. (1) During the existence of an emergency, the state
and any local government, any agent thereof or emergency service
worker engaged in any emergency services activity, while
complying with or attempting to comply with ORS 401.015 to
401.105, 401.260 to 401.325 and 401.355 to 401.580 or any rule
{ - promulgated - } { + adopted + } under those sections,
{ - shall - } { + is + } not, except in cases of willful
misconduct, gross negligence or bad faith, { - be - } liable
for the death or injury of any person, or damage or loss of
property, as a result of that activity.
(2) There shall be no liability on the part of a person who
owns or maintains any building or premises which has been
designated by any emergency management agency or emergency
service agency or any public body or officer of this state or the
United States as a fallout shelter or a shelter from destructive
operations or attacks by enemies of the United States for the
death of or injury to any individual or damage to or loss of
property while in or upon the building or premises as a result of
the condition of the building or premises or as a result of any
act or omission, except willful misconduct, gross negligence or
bad faith of such person or the servants, agents or employees of
the person when the dead or injured individual entered or went on
or into the building or premises for the purpose of seeking
refuge therein during or in anticipation of destructive
operations or attacks by enemies of the United States or during
tests ordered by lawful authority.
(3) The provisions of ORS 401.015 to 401.105, 401.260 to
401.325 and 401.355 to 401.580 { - shall - } { + do + } not
affect the right of any person to receive benefits or
compensation to which the person would otherwise be entitled
under ORS 401.015 to 401.105, 401.260 to 401.325 and 401.355 to
401.580, under ORS chapter 656, under any pension or retirement
law or under any act of Congress.
(4) Emergency service workers, in carrying out, complying with
or attempting to comply with any order or rule issued under ORS
401.015 to 401.105, 401.260 to 401.325 and 401.355 to 401.580 or
any local ordinance, or performing any of their authorized
functions or duties or training for the performance of their
authorized functions or duties, shall have the same degree of
responsibility for their actions and enjoy the same immunities as
officers and employees of the state and its local governments
performing similar work.
(5) { - Nothing in - } This section { - shall - }
{ + does not + } excuse any governmental agency from liability
Enrolled House Bill 2101 (HB 2101-B) Page 8
for intentional confiscation or intentional destruction of
private property.
(6) { - There shall be no liability incurred by any - }
{ + A + } person who complies with { - an - } { + a
lawful + } order of the Governor under ORS 401.015 to 401.105,
401.260 to 401.325 and 401.355 to 401.580 { + incurs no
liability + } for damages resulting from compliance.
{ + (7)(a) An officer, employee or agent of the federal
government or another state, or an agency or political
subdivision of another state, who is accepted by the Office of
Emergency Management to act as an emergency service worker is an
agent of this state for the purposes of this section and ORS
30.260 to 30.300.
(b) An officer, employee or agent of the federal government or
another state, or an agency or political subdivision of another
state, who is accepted by a local government emergency management
agency to act as an emergency service worker is an agent of the
local government emergency management agency for the purposes of
this section and ORS 30.260 to 30.300. + }
SECTION 13. ORS 453.317 is amended to read:
453.317. (1) The State Fire Marshal shall develop a hazardous
substance survey and distribute the survey to employers in this
state. The survey shall request the following information from
such employers:
(a) The identity and hazard classification of the hazardous
substance as listed on a material safety data sheet;
(b) The approximate amount and location of the hazardous
substance;
(c) The name and telephone number of personnel qualified to
give technical, onsite information about hazardous substances;
and
(d) Any procedures established by the employer for the control
of hazardous substances in the event of an emergency.
(2) In addition to the information to be provided under
subsection (1) of this section, the State Fire Marshal may by
rule establish additional requirements for obtaining hazardous
substance information the State Fire Marshal considers necessary.
All rules adopted under this subsection shall be adopted after
public hearing in accordance with ORS chapter 183.
{ - (3) Before the development of the initial hazardous
substance survey, the State Fire Marshal shall consult with the
Interagency Hazard Communication Council established under ORS
453.510 regarding: - }
{ - (a) Interagency cooperation in the development of the
hazardous substance survey; and - }
{ - (b) Interagency access to data collected as the result of
ORS 453.307 to 453.414 and 476.030. - }
{ - (4) - } { + (3) + } Any employer receiving a hazardous
substance survey shall complete the hazardous substance survey
and return it to the State Fire Marshal not later than March 1 of
each year or within 60 days after the date the State Fire Marshal
mails the hazardous substance survey, whichever is later.
{ - (5) - } { + (4) + } The State Fire Marshal shall update
the hazardous substance survey once every 12 months.
{ - (6) - } { + (5) + } An employer shall update and return
the hazardous substance survey on or before March 1 of each year
or within 60 days after the date the State Fire Marshal mails the
survey, whichever is later, or an employer shall update the
hazardous substance survey whenever any substantive information
Enrolled House Bill 2101 (HB 2101-B) Page 9
required to be provided changes, whichever situation occurs most
often.
{ - (7) - } { + (6) + } The Director of the Department of
Consumer and Business Services shall participate in the
development and updating of the hazardous substance survey and
shall have access to the data included in the survey.
{ - (8) - } { + (7) + } The State Fire Marshal may conduct
an inspection to confirm the validity of a hazardous substance
survey required by this section. The inspection shall be
conducted according to the provisions of ORS 476.150.
SECTION 14. ORS 453.520 is amended to read:
453.520. { + (1) + } The Governor shall designate the
{ - Interagency Hazard Communication Council - } { + office of
the State Fire Marshal + } as the state emergency response
commission as required by the Emergency Planning and Community
Right-to-Know Act of 1986 { - (P.L. 99-499) - } { + (42
U.S.C. 11001 et seq.) + }.
{ + (2) The office shall:
(a) Provide, in a timely manner, advice to a state agency that
is required to consult with the office about programs that
involve hazardous materials or hazardous substances; and
(b) Undertake all duties of a state emergency response
commission required by the Emergency Planning and Community
Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.) including but
not limited to:
(A) Designating emergency planning districts;
(B) Establishing local emergency planning committees within
emergency planning districts and appoint members to the local
emergency planning committees; and
(C) Providing comments on local emergency plans. + }
SECTION 15. ORS 453.825 is amended to read:
453.825. (1) The Department of Transportation shall coordinate
development of a single plan and procedure for the regulation of
the transportation of hazardous material and waste and
radioactive material and waste in Oregon.
(2) In developing the plan under subsection (1) of this
section, the Department of Transportation shall cooperate with
the
{ - Interagency Hazard Communication Council created under ORS
453.510 - } { + office of the State Fire Marshal + }.
(3) As used in this section, 'hazardous waste' has the meaning
given that term in ORS 466.005.
SECTION 16. ORS 466.620 is amended to read:
466.620. In accordance with the applicable provisions of ORS
chapter 183, the Environmental Quality Commission shall adopt an
oil and hazardous material emergency response master plan
consistent with the plan adopted by the { - Interagency Hazard
Communications Council pursuant to the provisions of ORS 453.317
(1) to (6), 453.510, - } { + Department of Transportation under
ORS + } 453.825 and 453.835, and after consultation with the
{ - Interagency Hazard Communications Council - } { + office
of the State Fire Marshal + }, the Oregon State Police, the
Oregon Fire Chiefs Association and any other appropriate agency
or organization.
SECTION 17. ORS 453.307 is amended to read:
453.307. As used in ORS 453.307 to 453.414:
(1) 'Community right to know regulatory program' or 'local
program' means any law, rule, ordinance, regulation or charter
amendment established, enforced or enacted by a local government
that requires an employer to collect or report information
Enrolled House Bill 2101 (HB 2101-B) Page 10
relating to the use, storage, release, possession or composition
of hazardous substances and toxic substances if a primary intent
of the law, rule, ordinance, regulation or charter amendment is
the public distribution of the information.
(2) 'Emergency service personnel' includes those entities
providing emergency services as defined in ORS 401.025 { - (8)
and (10) - } .
(3) 'Employer' means:
(a) Any person operating a facility that is included in one or
more of the 21 standard industrial classification categories in
Appendix B of the Natural Resources Defense Council v. Train
Consent Decree of June 8, 1976 (8 E.R.C. 2120); or
(b) Any person operating a facility designated by the State
Fire Marshal.
(4) 'Fire district' means any agency having responsibility for
providing fire protection services.
(5) 'Hazardous substance' means:
(a) Any substance designated as hazardous by the Director of
the Department of Consumer and Business Services or by the State
Fire Marshal;
(b) Any substance for which a material safety data sheet is
required by the Director of the Department of Consumer and
Business Services under ORS 654.035 and which appears on the list
of Threshold Limit Values for Chemical Substances and Physical
Agents in the Work Environment by the American Conference of
Governmental Industrial Hygienists; or
(c) Radioactive waste and material as defined in ORS 469.300
and radioactive substance as defined in ORS 453.005.
(6) 'Health professional' means a physician as defined in ORS
677.010, registered nurse, industrial hygienist, toxicologist,
epidemiologist or emergency medical technician.
(7) 'Law enforcement agency' has the meaning given that term in
ORS 181.010.
(8) 'Local government' means a city, town, county, regional
authority or other political subdivision of this state.
(9) 'Person' includes individuals, corporations, associations,
firms, partnerships, joint stock companies, public and municipal
corporations, political subdivisions, the state and any agency
thereof, and the federal government and any agency thereof.
(10) 'Trade secret' has the meaning given that term in ORS
192.501 (2).
SECTION 18. ORS 654.196 is amended to read:
654.196. (1) The Director of the Department of Consumer and
Business Services may by rule require employers to provide
information to employees relating to the contents of piping
systems. The rules shall include, but need not be limited to
requirements for:
(a) Labeling piping systems to provide notice about hazardous
chemicals contained in the system; and
(b) Labeling a piping system that uses asbestos as a pipe
insulation material.
(2) Every employer shall post a sign in the location where
notices to employees are normally posted to inform employees that
they have a right under this section and ORS 453.317
{ - (7) - } { + (6) + } to information from the employer
regarding hazardous substances found in the place of employment.
(3) The sign required under subsection (2) of this section
shall include, but need not be limited to, the following
information and shall be substantially in the following form:
_________________________________________________________________
Enrolled House Bill 2101 (HB 2101-B) Page 11
NOTICE TO EMPLOYEES
You have a right under state law to information about hazardous
substances found in your place of employment. For this
information, contact your employer.
_________________________________________________________________
(4) Notwithstanding any other provision of this chapter or ORS
192.410 to 192.505, an employer may withhold the precise chemical
name of a chemical only if the employer can substantiate that:
(a) The chemical name is a trade secret with commercial value
that can be protected only by limiting disclosure; and
(b) The commercial value of the product cannot be preserved by
withholding the processes, mixture percentages or other aspects
of the production of the product instead of its chemical
constituents.
(5) A trade secret designation claimed under subsection (4) of
this section may be subject to yearly review.
(6) Notwithstanding any other provision of this chapter or ORS
192.410 to 192.505, if a treating physician or health
professional concludes that the chemical identity of a hazardous
chemical used in an employer's place of employment is necessary
to prescribe necessary treatment for a patient, the employer may
not require the physician or health professional to sign a
confidentiality agreement as a condition to the release of the
information by the employer, manufacturer or importer.
SECTION 19. { + ORS 453.510, 453.517 and 453.527 are
repealed. + }
SECTION 20. { + Section 7 of this 2005 Act and the repeal of
ORS 453.510, 453.517 and 453.527 by section 19 of this 2005 Act
become operative on January 1, 2006. + }
SECTION 21. { + This 2005 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2005 Act takes effect on
its passage. + }
----------
Passed by House August 2, 2005
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate August 4, 2005
...........................................................
President of Senate
Enrolled House Bill 2101 (HB 2101-B) Page 12
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled House Bill 2101 (HB 2101-B) Page 13