Chapter 740
AN ACT
HB 2370
Relating to Oregon security; creating new provisions; amending ORS
195.260, 401.025, 401.055, 401.270, 401.275, 401.280, 401.300, 401.337,
401.347, 401.425, 401.445, 401.535, 401.555, 401.710, 401.785, 401.871,
401.872, 401.874, 453.342, 466.635, 824.088 and 837.035; repealing ORS 401.260;
and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS 401.260 to 401.325.
SECTION 2. (1) The Office of Emergency Management is
established in the Oregon Military Department.
(2) The office shall be
responsible for:
(a) Coordinating and
facilitating private sector and governmental efforts to prevent, prepare for,
respond to and recover from emergencies; and
(b) Coordinating
exercises and training, planning, preparedness, response, mitigation and
recovery activities with state and local emergency services agencies and
organizations.
SECTION 3. (1) The Office of Emergency Management is
under the supervision and control of a director, who is responsible for the
performance of the duties, functions and powers of the office.
(2) The Adjutant
General, with the approval of the Governor, shall appoint the Director of the
Office of Emergency Management, who holds office at the pleasure of the
Adjutant General.
(3) The director shall
be paid a salary as provided by law or, if not so provided, as prescribed by
the Adjutant General, with the approval of the Governor.
(4) For purposes of
administration, subject to the approval of the Adjutant General, the director
may organize and reorganize the office as the director considers necessary to
properly conduct the work of the office.
(5) The director may
divide the functions of the office into administrative divisions. Subject to
the approval of the Adjutant General, the director may appoint an individual to
administer each division. The administrator of each division serves at the
pleasure of the director and is not subject to the provisions of ORS chapter
240. Each individual appointed under this subsection must be well qualified by
technical training and experience in the functions to be performed by the
individual.
SECTION 4. (1) The Director of the Office of Emergency
Management may, by written order filed with the Secretary of State, appoint a
deputy director. The deputy director serves at the pleasure of the director,
has authority to act for the director in the absence of the director and is
subject to the control of the director at all times.
(2) Subject to any
applicable provisions of ORS chapter 240, the director shall appoint all
subordinate officers and employees of the Office of Emergency Management,
prescribe their duties and fix their compensation.
SECTION 5. In accordance with applicable provisions of
ORS chapter 183, the Director of the Office of Emergency Management may adopt
rules necessary for the administration of the laws that the Office of Emergency
Management is charged with administering.
SECTION 6. (1) To aid and advise the Director of the
Office of Emergency Management in the performance of the functions of the
Office of Emergency Management, the director may establish such advisory and
technical committees as the director considers necessary. The committees may be
continuing or temporary. The director shall determine the representation,
membership, terms and organization of the committees and shall appoint their
members. The director is an ex officio member of each committee.
(2) Members of the
committees are not entitled to compensation, but in the discretion of the
director may be reimbursed from funds available to the office 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.
SECTION 7. The Director of the Office of Emergency
Management may enter into interagency agreements with other state agencies that
the director determines are necessary to carry out the duties of the Office of
Emergency Management.
SECTION 8. (1) The following departments shall
designate a person within each department to act as a liaison with the Office
of Emergency Management:
(a) The Department of
Transportation;
(b) The State Department
of Agriculture;
(c) The Department of
Environmental Quality;
(d) The Department of
Human Services;
(e) The State Department
of Energy;
(f) The Oregon
Department of Administrative Services;
(g) The Department of
State Police;
(h) The State Department
of Geology and Mineral Industries; and
(i) The Oregon Military
Department.
(2) Each person
designated as a liaison under subsection (1) of this section shall assist in
the coordination of the functions of the person’s department that relate to
emergency preparedness and response with similar functions of the Office of
Emergency Management.
SECTION 9. (1) The Office of Emergency Management in
the Department of State Police is abolished. On the operative date of this
section, the tenure of office of the Director of the Office of Emergency
Management ceases.
(2) All the duties,
functions and powers of the Office of Emergency Management in the Department of
State Police are imposed upon, transferred to and vested in the Office of
Emergency Management in the Oregon Military Department.
SECTION 10. (1) The Superintendent of State Police
shall:
(a) Deliver to the
Office of Emergency Management in the Oregon Military Department all records
and property within the jurisdiction of the superintendent that relate to the
duties, functions and powers transferred by section 9 of this 2007 Act; and
(b) Transfer to the
Office of Emergency Management in the Oregon Military Department those
employees engaged primarily in the exercise of the duties, functions and powers
transferred by section 9 of this 2007 Act.
(2) The Director of the
Office of Emergency Management in the Oregon Military Department shall take
possession of the records and property, and shall take charge of the employees
and employ them in the exercise of the duties, functions and powers transferred
by section 9 of this 2007 Act, without reduction of compensation but subject to
change or termination of employment or compensation as provided by law.
(3) The Adjutant General
shall resolve any dispute between the Office of Emergency Management in the
Department of State Police and the Office of Emergency Management in the Oregon
Military Department relating to transfers of records, property and employees
under this section, and the Adjutant General’s decision is final.
SECTION 11. (1) The unexpended balances of amounts
authorized to be expended by the Office of Emergency Management in the
Department of State Police for the biennium beginning July 1, 2007, from
revenues dedicated, continuously appropriated, appropriated or otherwise made available
for the purpose of administering and enforcing the duties, functions and powers
transferred by section 9 of this 2007 Act are appropriated and transferred to
and are available for expenditure by the Office of Emergency Management in the
Oregon Military Department for the biennium beginning July 1, 2007, for the
purpose of administering and enforcing the duties, functions and powers
transferred by section 9 of this 2007 Act.
(2) The expenditure
classifications, if any, established by Acts authorizing or limiting
expenditures by the Office of Emergency Management in the Department of State
Police remain applicable to expenditures by the Office of Emergency Management
in the Oregon Military Department under this section.
SECTION 12. The transfer of duties, functions and
powers to the Office of Emergency Management in the Oregon Military Department
by section 9 of this 2007 Act does not affect any action, proceeding or
prosecution involving or with respect to such duties, functions and powers
begun before and pending at the time of the transfer, except that the Office of
Emergency Management in the Oregon Military Department is substituted for the
Office of Emergency Management in the Department of State Police in the action,
proceeding or prosecution.
SECTION 13. (1) Nothing in sections 9 to 12 of this
2007 Act relieves a person of a liability, duty or obligation accruing under or
with respect to the duties, functions and powers transferred by section 9 of
this 2007 Act. The Office of Emergency Management in the Oregon Military
Department may undertake the collection or enforcement of any such liability,
duty or obligation.
(2) The rights and
obligations of the Office of Emergency Management in the Department of State
Police legally incurred under contracts, leases and business transactions
executed, entered into or begun before the operative date of section 9 of this
2007 Act are transferred to the Office of Emergency Management in the Oregon
Military Department. For the purpose of succession to these rights and
obligations, the Office of Emergency Management in the Oregon Military
Department is a continuation of the Office of Emergency Management in the
Department of State Police and not a new authority.
SECTION 14. Notwithstanding the transfer of duties,
functions and powers by section 9 of this 2007 Act, the rules of the Office of
Emergency Management in the Department of State Police in effect on the
operative date of section 9 of this 2007 Act continue in effect until
superseded or repealed by rules of the Office of Emergency Management in the
Oregon Military Department. References in rules of the Office of Emergency
Management in the Department of State Police to the Office of Emergency
Management in the Department of State Police or an officer or employee of the
Office of Emergency Management in the Department of State Police are considered
to be references to the Office of Emergency Management in the Oregon Military
Department or an officer or employee of the Office of Emergency Management in the
Oregon Military Department.
SECTION 15. Whenever, in any uncodified law or
resolution of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, reference is made to the
Office of Emergency Management in the Department of State Police or an officer
or employee of the Office of Emergency Management in the Department of State
Police, the reference is considered to be a reference to the Office of
Emergency Management in the Oregon Military Department or an officer or
employee of the Office of Emergency Management in the Oregon Military
Department.
SECTION 16. The Director of the Office of Emergency
Management may be appointed before the operative date of section 9 of this 2007
Act and may take any action before that date that is necessary to enable the
director to exercise, on and after the operative date of section 9 of this 2007
Act, the duties, functions and powers of the director pursuant to section 9 of
this 2007 Act.
SECTION 17. Except as otherwise specifically provided
in section 16 of this 2007 Act, sections 1 to 15, 18 and 19 of this 2007 Act,
the amendments to statutes by sections 20 to 41 of this 2007 Act and the repeal
of ORS 401.260 by section 42 of this 2007 Act become operative on July 1, 2007.
SECTION 18. Section 19 of this 2007 Act is added to and
made a part of ORS 401.015 to 401.105.
SECTION 19. (1) As used in this section, “unit of
government” means any department or agency of the federal government, any state
or any agency, office or department of a state, any city, county, district,
commission, authority, entity, port or other public corporation organized and
existing under statutory law or under a voter-approved charter and any
intergovernmental entity created under ORS 190.003 to 190.130, 190.410 to
190.440 or 190.480 to 190.490.
(2) Notwithstanding ORS
401.065, 401.085, 401.095 and 401.115, during a state of emergency
declared under ORS 401.055, a unit of government may not seize a firearm from
an individual who lawfully possesses the firearm.
(3) If a unit of
government seizes a firearm from an individual during a state of emergency in
violation of this section, the individual may recover from the unit of
government that seized the firearm all costs incurred in the recovery of the
firearm, including attorney fees, court costs and any other costs incurred in
the recovery of the firearm.
SECTION 20. ORS 401.025, as amended by section 5, chapter
223, Oregon Laws 2007 (Enrolled Senate Bill 118), 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) “Abnormal disruption
of the market” means any human created or natural event or circumstance that
causes essential consumer goods or services to be not readily available.
(2) “Beneficiary” has
the meaning given that term in ORS 656.005.
(3) “Commission” means
the Seismic Safety Policy Advisory Commission established under ORS 401.337.
(4) “Emergency” [includes any] means a human created
or natural event or circumstance [causing
or threatening] that causes or threatens widespread:
(a) Loss of life[,];
(b) Injury to person or property[,];
(c) Human suffering; or
(d) Financial loss[, and includes a
crisis influx of migrants unmanageable by a county].
(5) “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]
ensure the conduct and coordination of functions for comprehensive
emergency program management.
(6) “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) “Emergency program
manager” means the person administering the emergency management agency of a
county or city.
(8) “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.
(9) “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 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) “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 50
U.S.C. app. 2252.
(11) “Emergency services
system” means that system composed of all agencies and organizations involved
in the coordinated delivery of emergency services.
(12) “Essential consumer
goods or services” means goods or services that:
(a) Are or may be bought
or acquired primarily for personal, family or household purposes, including but
not limited to residential construction materials or labor, shelter for payment
such as a hotel room, food, water or petroleum products such as gasoline or
diesel fuel; and
(b) Are necessary for
the health, safety or welfare of consumers.
(13) “Human created or
natural event or circumstance” includes, but is not limited to[,]:
(a) Fire, explosion, flood, severe weather,
landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or
other oceanic phenomena, spills or releases of oil or hazardous material as
defined in ORS 466.605, contamination, utility or transportation emergencies,
disease, blight, infestation, civil disturbance, riot, sabotage, acts of
terrorism [or] and war; and
(b) A rapid influx of
individuals from outside this state, a rapid migration of individuals from one
part of this state to another or a rapid displacement of individuals if the
influx, migration or displacement results from the type of event or
circumstance described in paragraph (a) of this subsection.
(14) “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.
(15) “Local government”
means any governmental entity authorized by the laws of this state.
(16) “Major disaster”
means any event defined as a “major disaster” under 42 U.S.C. 5122(2).
(17) “
(18) “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.
(19) “Sheriff” means the
chief law enforcement officer of a county.
SECTION 21. ORS 401.055 is amended to read:
401.055. (1) The
Governor may declare a state of emergency by proclamation at the request of a county
governing body or after determining that an emergency has occurred or is
imminent.
(2) All requests by a
county governing body that the Governor declare an emergency shall be sent to
the Office of Emergency Management. Cities must submit requests through the
governing body of the county in which the majority of the city’s property is
located. Requests from counties shall be in writing and include the following:
(a) A certification
signed by the county governing body that all local resources have been
expended; and
(b) A preliminary
assessment of property damage or loss, injuries and deaths.
(3)(a) If, in the
judgment of the [Superintendent of State
Police] Adjutant General, the Governor cannot be reached by
available communications facilities in time to respond appropriately to an
emergency, the [superintendent] Adjutant
General shall notify the Secretary of State or, if the Secretary of State
is not available, the State Treasurer that the Governor is not available.
(b) After notice from
the [superintendent] Adjutant General
that the Governor is not available, the elected state official so notified may
declare a state of emergency pursuant to the provisions of subsections (1) and
(2) of this section.
(c) If the [Superintendent of State Police] Adjutant
General is unavailable to carry out the duties described in this
subsection, such duties shall be performed by the Director of the Office of
Emergency Management.
(4) Any state of
emergency declared by the Secretary of State or State Treasurer pursuant to
this section has the same force and effect as if issued by the Governor, except
that it must be affirmed by the Governor as soon as the Governor is reached.
However, if the Governor does not set aside the proclamation within 24 hours of
being reached, the proclamation shall be considered affirmed by the Governor.
(5) Any proclamation of
a state of emergency must specify the geographical area covered by the
proclamation. Such area shall be no larger than necessary to effectively
respond to the emergency.
SECTION 22. ORS 401.270 is amended to read:
401.270. The Director of
the Office of Emergency Management shall be responsible for coordinating and
facilitating exercises and training, emergency planning, preparedness,
response, mitigation and recovery activities with the state and local
emergency services agencies and organizations, and shall, with the approval of
the [Superintendent of State Police] Adjutant
General 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, seismic rehabilitation, emergency
services for the state and the statewide 2-1-1 system as provided in ORS 401.294;
(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;
(10) Enforce compliance
requirements of federal and state agencies for receiving funds and conducting
designated emergency functions;
(11) Oversee the design,
implementation and support of a statewide 2-1-1 system as provided under ORS
401.288; and
(12) 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 23. ORS 401.275 is amended to read:
401.275. (1)(a) The Department of State Police shall
maintain a system for the notification and interagency coordination of state
resources in response to [natural and
technological] emergencies [and civil
disorder] involving multijurisdictional cooperation between the various
levels of government and private business entities.
(b) The department
shall provide the Office of Emergency Management with a service level agreement
that describes the continued daily operations and maintenance of the system,
the services and supplies needed to maintain the system 24 hours a day, every
day of the year and the policies and procedures that support the overall
notification system.
(2) The notification
system shall be managed by the Office of Emergency Management as a continuously
available communications network and a component of the state’s emergency
operations center.
(3) The notification
system shall be the primary point of contact by which any public agency
provides the state notification of an emergency or disaster, or requests access
to state and federal resources.
(4) Each department of
state government, and those agencies of state government identified in the
(5) The [Department of State Police] Office of
Emergency Management shall adopt rules relating to the planning,
administration and operation of the notification system maintained under this
section.
SECTION 24. ORS 401.280 is amended to read:
401.280. (1) The Office
of Emergency Management is designated as the sole agency of the State of Oregon
for the purpose of negotiating agreements with the [Federal Emergency Management Agency] United States Department of
Homeland Security or other appropriate federal agency, on behalf of the
state, for the acquisition of federal funds for the purpose of providing
emergency program management and emergency services. All city or county
emergency management programs, emergency service agencies and state agencies
applying for such funds shall coordinate with the [Office of Emergency Management] office on development of
proposals and shall submit applications to the [agency] department to be reviewed or processed, or both.
(2) The office is
authorized to accept and receive on behalf of the state, counties and cities
federal funds for purpose of emergency program management and emergency
services, to deposit such funds in the Emergency Management Revolving Account
and to authorize the disbursement and distribution of these funds in accordance
with the applicable agreement.
SECTION 25. ORS 401.300 is amended to read:
401.300. (1) The
Director of the Office of Emergency Management, pursuant to the authority to
administer grant programs for seismic rehabilitation provided in ORS 401.270,
shall develop a grant program for the disbursement of funds for the seismic
rehabilitation of critical public buildings, including hospital buildings with
acute inpatient care facilities, fire stations, police stations, sheriffs’
offices, other facilities used by state, county, district or municipal law
enforcement agencies and buildings with a capacity of 250 or more persons that
are routinely used for student activities by kindergarten through grade 12
public schools, community colleges, education service districts and
institutions of higher education. The funds for the seismic rehabilitation of
critical public buildings under the grant program are to be provided from the
issuance of bonds pursuant to the authority provided in Articles XI-M and XI-N
of the Oregon Constitution.
(2) The grant program
shall include the appointment of a grant committee. The grant committee may be
composed of any number of persons with qualifications that the director
determines necessary. However, the director shall include persons with
experience in administering state grant programs and representatives of
entities with responsibility over critical public buildings. The director shall
also include as permanent members representatives of:
(a) The Department of
Human Services;
(b) The State Department
of Geology and Mineral Industries;
(c) The Seismic Safety
Policy Advisory Commission; [and]
(d) The Oregon
Department of Administrative Services;
(e) The Department of
Education;
(f) The
(g) The
(h) The
(3) The director shall
determine the form and method of applying for grants from the grant program,
the eligibility requirements for grant applicants, and general terms and
conditions of the grants. The director shall also provide that the grant
committee review grant applications and make a determination of funding based
on a scoring system that is directly related to the statewide needs assessment
performed by the State Department of Geology and Mineral Industries.
Additionally, the grant process may:
(a) Require that the
grant applicant provide matching funds for completion of any seismic
rehabilitation project.
(b) Provide authority to
the grant committee to waive requirements of the grant program based on special
circumstances such as proximity to fault hazards, community value of the
structure, emergency functions provided by the structure and storage of
hazardous materials.
(c) Allow an applicant
to appeal any determination of grant funding to the director for reevaluation.
(d) Provide that
applicants release the state, the director and the grant committee from any
claims of liability for providing funding for seismic rehabilitation.
(e) Provide separate
rules for funding rehabilitation of structural and nonstructural building
elements.
(4) Subject to the grant
rules established by the director and subject to reevaluation by the director,
the grant committee has the responsibility to review and make determinations on
grant applications under the grant program established pursuant to this
section.
SECTION 26. ORS 401.337 is amended to read:
401.337. (1) There is established a Seismic Safety Policy Advisory
Commission consisting of the following members:
(a) The chief officer or
the chief officer’s designee of the following:
(A) Department of
Consumer and Business Services;
(B) State Department of
Geology and Mineral Industries;
(C) Department of Land
Conservation and Development;
(D) Department of
Transportation; and
(E) Office of Emergency
Management [of the Department of State
Police]; and
(b) Thirteen members
appointed by the Governor as follows:
(A) One representative of
local government;
(B) Six members
representing the public interest, including:
(i) One representative
of a school district, community college or university;
(ii) Two members of the
Legislative Assembly; and
(iii) Three members of
the general public; and
(C) Six members
representing affected industries or stakeholders.
(2) The term of office
of each member, except a member of the Legislative Assembly, appointed under
subsection (1)(b) of this section is four years, but a
member serves at the pleasure of the Governor. The term of office of a member
of the Legislative Assembly expires at the end of the term for which the member
is elected. Before the expiration of the term of a member, the Governor shall
appoint a successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the unexpired
term.
SECTION 27. ORS 401.347 is amended to read:
401.347. The Office of
Emergency Management shall provide technical, clerical and other necessary
support services to the Seismic Safety Policy Advisory Commission. The
Department of Consumer and Business Services, the Department of Human Services,
the State Department of Geology and Mineral Industries, the Department of Land
Conservation and Development, the Department of Transportation, the Water
Resources Department and the Oregon University System shall provide assistance,
as required, to the commission to enable it to meet its objectives.
SECTION 28. ORS 401.425 is amended to read:
401.425. (1) Claims for
benefits under ORS 401.355 to 401.465 shall be filed by application with the
Office of Emergency Management in the manner provided by rules of the [Department of State Police] office.
(2) The right to
benefits under ORS 401.355 to 401.465 shall be barred unless written claim is
filed with the office within 90 days after the injury, or, if death results
therefrom, within 90 days after death. However, if death occurs more than one
year after the injury, the right shall be barred unless prior written claim
based on the injury has been timely filed. The requirements of this subsection
may be waived by the office on the ground that, for good and sufficient reason,
claim could not be filed on time.
SECTION 29. ORS 401.445 is amended to read:
401.445. If funds are
not available to the Office of Emergency Management to pay claims approved
under ORS 401.355 to 401.465, the [Department
of State Police] Oregon Military Department shall request allocation
of necessary funds from the Emergency Board if the unavailability occurs during
the interim between sessions of the Legislative Assembly. If the unavailability
occurs during a session, the [Department
of State Police] department shall request the Joint Committee on
Ways and Means to submit legislation necessary to provide such funds.
SECTION 30. ORS 401.535 is amended to read:
401.535. There is
created in the General Fund in the State Treasury an account to be known as the
Emergency Management Revolving Account. All contributions, grants-in-aid or
other moneys received or collected by the Office of Emergency Management [of the Department of State Police], and
any other funds contributed, granted or appropriated for transfer to the
revolving account under authority of law shall be placed in the General Fund
and credited to the Emergency Management Revolving Account. Moneys in the
Emergency Management Revolving Account are continuously appropriated to the
Office of Emergency Management for the purpose of this section. The office may
use the revolving account to pay for the purchase of organizational and mobile
support equipment and surplus property, for shelter construction,
administration and personal services, when the purchase or expense is incurred
pursuant to the office’s agreements with the federal government, other state
agencies or political subdivisions of the state.
SECTION 31. ORS 401.555 is amended to read:
401.555. The Office of
Emergency Management [of the Department of
State Police] shall establish and maintain a program for the air search and
rescue of lost aircraft and persons and for the air support of other emergency
situations. The program established under this section may include, but [shall not be] is not limited to,
the following:
(1) The formation of a
volunteer air search and rescue organization and provision of appropriate
training to this organization.
(2) Directing,
coordinating and performing air activities in conjunction with air search and
rescue and other emergency situations.
(3) Entering into
agreements with private persons, volunteer organizations, and federal, state
and local agencies for air search and rescue and other emergency activities.
(4) Such other related
activities as may be deemed necessary and appropriate by the Director of the
Office of Emergency Management.
SECTION 32. ORS 401.710 is amended to read:
401.710. As used in ORS
305.823 and 401.710 to 401.816, unless the context requires otherwise:
(1) “Account” means the
Emergency Communications Account.
(2) “Central office”
means a utility that houses the switching and trunking equipment serving
telephones in a defined area.
(3) “Department” means
the Department of Revenue.
(4) “Emergency call”
means a telephone request that results from a situation where prompt service is
essential to preserve human life or property.
(5) “Enhanced 9-1-1
telephone service” means 9-1-1 telephone service consisting of a network,
database and on-premises equipment that provides automatic display at the
designated public safety answering point of the address and telephone number at
the time of receiving an incoming 9-1-1 call.
(6) “Exchange access
services” means:
(a) Telephone exchange
access lines or channels that provide local access by a subscriber in this
state to the local telecommunications network to effect the transfer of
information; and
(b) Unless a separate
tariff rate is charged therefor, any facility or service provided in connection
with the services described in paragraph (a) of this subsection.
(7) “Governing body”
means the board of county commissioners of a county, city council of a city,
other governing body of a city or county, board of directors of a special
district or a 9-1-1 jurisdiction.
(8) “Local government”
has the meaning given that term in ORS 190.710.
[(9) “Office” means the Office of Emergency Management of the Department
of State Police.]
[(10)] (9) “Provider” means a utility or other vendor or
supplier of telecommunications service or equipment that provides telecommunications
with access to the 9-1-1 emergency reporting system through local exchange
service, cellular service or other wired or wireless means.
[(11)] (10) “Public or private safety agency” means any unit
of state or local government, a special-purpose district or a private firm that
provides or has authority to provide fire-fighting, police, ambulance or
emergency medical services.
[(12)] (11) “Public safety answering point” means a 24-hour
communications facility established as an answering location for 9-1-1 calls
originating within a given service area. A “primary public safety answering
point” receives all calls directly from the public. A “secondary public safety
answering point” only receives calls from a primary public safety answering
point on a transfer or relay basis.
[(13)] (12) “Subscriber” means a person who has
telecommunication access to the 9-1-1 emergency reporting system through local
exchange service, cellular service or other wired or wireless means.
[(14)] (13) “TTY” means a telephone-typewriter used by a
hearing or speech impaired person to communicate with another device or
individual.
[(15)] (14) “Utility” means a utility as defined in ORS
759.005, a telecommunications carrier as defined in ORS 133.721 or a
municipality or any provider of exchange access services.
[(16)] (15) “Vendor” means any corporation, company,
individual or association, providing telephone customer premises equipment or
equipment specific to the operation of enhanced 9-1-1 telephone service.
[(17)] (16) “9-1-1 emergency reporting system” means a
telephone service that provides the users of a public telephone system the
ability to reach a primary public safety answering point by calling 9-1-1.
[(18)] (17) “9-1-1 jurisdiction” means an entity created under
ORS chapter 190, a county service district established under ORS chapter 451 to
provide an emergency communications system, an emergency communications
district created under ORS 401.818 to 401.857 or a group of public or private
safety agencies who have agreed in writing to jointly plan the installation,
maintenance, operation or improvement of a 9-1-1 emergency reporting system.
[(19)] (18) “9-1-1 service area” means the geographical area
that contains the entire central office serving area from which the primary
public safety answering point will have the capability to answer calls placed
to 9-1-1.
SECTION 33. ORS 401.785 is amended to read:
401.785. (1) All disputes between a governing body, 9-1-1 jurisdiction
and public or private safety agency regarding a 9-1-1 system, not otherwise
resolved in accordance with a written agreement shall be mediated. When a
governing body or 9-1-1 jurisdiction obtains knowledge that a dispute exists
and cannot be resolved by the agencies, it shall notify the Office of Emergency
Management of the dispute in writing. Within 30 days of this notification, the
disputing agencies shall mutually select a mediator and notify the office in
writing of this selection. If a mediator is not mutually selected by the
agencies within this period, the Director of the Office of Emergency
Management shall select a mediator from the list of mediators established
under subsection (3) of this section. Once selected, the mediator shall
establish a schedule for the mediation process. The disputing agencies shall
have 60 days from the date the mediator is agreed upon or selected to mediate
the dispute unless the agencies mutually agree in writing to an extension of
this deadline. A copy of all extensions shall be submitted to the office.
(2) When the mediation
process in subsection (1) of this section ends, the mediator shall notify the
office in writing of the outcome of the mediation. If the agencies are not able
to resolve their dispute through mediation, the 9-1-1 jurisdiction or governing
body and public or private safety agency or agencies shall submit the dispute
to arbitration. The agencies shall have 30 days from the end of the mediation
to select an arbitrator. If the disputing agencies are unable to mutually
select an arbitrator within this period, the director [of the office] shall request the presiding judge for the judicial
district in which the 9-1-1 system is located to select an arbitrator. The
arbitrator shall have 30 days from selection to hear and decide the dispute
unless the agencies mutually agree in writing to an extension of this deadline.
A party to an arbitration under this subsection may
seek confirmation, vacation, modification or correction of the arbitrator’s
decision as provided in ORS 36.700, 36.705 and 36.710. A court may vacate a
decision only if there is a basis to vacate the decision as described in ORS
36.705 (1)(a) to (d). The court may modify or correct
a decision only for the grounds given in ORS 36.710.
(3) The office shall
establish a roster of mediators qualified to mediate disputes under subsection
(1) of this section. This list may be used by the disputing agencies when
selecting a mediator.
(4) Unless otherwise
agreed upon, the costs of the mediation or arbitration, including the mediator’s
or arbitrator’s fees, shall be divided equally among the disputing agencies.
SECTION 34. ORS 401.871 is amended to read:
401.871. (1) The State
Interoperability Executive Council is created within the [Office of Emergency Management] Department of State Police.
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;
(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] Superintendent of State Police may be reimbursed from
funds available to the [Office of
Emergency Management] Department of State Police 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 35. ORS 401.872 is amended to read:
401.872. The State
Interoperability Executive Council created under ORS 401.871 shall:
(1) Work with public
safety agencies in the state to develop a Public Safety Wireless Infrastructure
Replacement Plan as provided under section 2, chapter 825, Oregon Laws 2005.
(2) Develop an
(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
(3) Approve, subject to
approval by the [Director of the Office
of Emergency Management] Superintendent of State Police, investments
by the State of
(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 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 36. ORS 401.874 is amended to read:
401.874. (1) The [Director of the Office of Emergency
Management] Superintendent of State Police 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] superintendent.
SECTION 37. ORS 195.260 is amended to read:
195.260. (1) In order to
reduce the risk of serious bodily injury or death resulting from rapidly moving
landslides, a local government:
(a) Shall exercise all
available authority to protect the public during emergencies, consistent with
ORS 401.015.
(b) May require a
geotechnical report and, if a report is required, shall provide for a
coordinated review of the geotechnical report by the State Department of
Geology and Mineral Industries or the State Forestry Department, as
appropriate, before issuing a building permit for a site in a further review
area.
(c) Except those
structures exempt from building codes under ORS 455.310 and 455.315, shall
amend its land use regulations, or adopt new land use regulations, to regulate
the siting of dwellings and other structures designed for human occupancy,
including those being restored under ORS 215.130 (6), in further review areas
where there is evidence of substantial risk for rapidly moving landslides. All
final decisions under this paragraph and paragraph (b) of this subsection are
the responsibility of the local government with jurisdiction over the site. A local
government may not delegate such final decisions to any state agency.
(d) May deny a request
to issue a building permit if a geotechnical report discloses that the entire
parcel is subject to a rapidly moving landslide or that the subject lot or parcel
does not contain sufficient buildable area that is not subject to a rapidly
moving landslide.
(e) Shall maintain a
record, available to the public, of properties for which a geotechnical report
has been prepared within the jurisdiction of the local government.
(2) A landowner allowed
a building permit under subsection (1)(c) of this
section shall sign a statement that shall:
(a) Be recorded with the
county clerk of the county in which the property is located, in which the
landowner acknowledges that the landowner may not in the future bring any
action against an adjacent landowner about the effects of rapidly moving
landslides on or adjacent to the landowner’s property; and
(b) Record in the deed
records for the county where the lot or parcel is located a nonrevocable deed
restriction that the landowner signs and acknowledges, that contains a legal
description complying with ORS 93.600 and that prohibits any present or future
owner of the property from bringing any action against an adjacent landowner about
the effects of rapidly moving landslides on or adjacent to the property.
(3) Restrictions on
forest practices adopted under ORS 527.710 (10) do not apply to risk situations
arising solely from the construction of a building designed for human occupancy
in a further review area on or after October 23, 1999.
(4) The following state
agencies shall implement the following specific responsibilities to reduce the
risk of serious bodily injury or death resulting from rapidly moving
landslides:
(a) The State Department
of Geology and Mineral Industries shall:
(A) Identify and map
further review areas selected in cooperation with local governments and in
coordination with the State Forestry Department, and provide technical
assistance to local governments to facilitate the use and application of this
information pursuant to subsection (1)(b) of this section; and
(B) Provide public
education regarding landslide hazards.
(b) The State Forestry
Department shall regulate forest operations to reduce the risk of serious
bodily injury or death from rapidly moving landslides directly related to
forest operations, and assist local governments in the siting review of
permanent dwellings on and adjacent to forestlands in further review areas
pursuant to subsection (1)(b) of this section.
(c) The Land
Conservation and Development Commission may take steps under its existing
authority to assist local governments to appropriately apply the requirements
of subsection (1)(c) of this section.
(d) The Department of
Transportation shall provide warnings to motorists during periods determined to
be of highest risk of rapidly moving landslides along areas on state highways
with a history of being most vulnerable to rapidly moving landslides.
(e) The Office of
Emergency Management [of the Department
of State Police] shall coordinate state resources for rapid and effective
response to landslide-related emergencies.
(5) Notwithstanding any
other provision of law, any state or local agency adopting rules related to the
risk of serious bodily injury or death from rapidly moving landslides shall do
so only in conformance with the policies and provisions of ORS 195.250 to
195.260.
(6) No state or local
agency may adopt or enact any rule or ordinance for the purpose of reducing
risk of serious bodily injury or death from rapidly moving landslides that
limits the use of land that is in addition to land identified as a further
review area by the State Department of Geology and Mineral Industries or the
State Forestry Department pursuant to subsection (4) of this section.
(7) Except as provided
in ORS 527.710 or in Oregon’s ocean and coastal land use planning goals, no
state agency may adopt criteria regulating activities for the purpose of
reducing risk of serious bodily injury or death from rapidly moving landslides
on lands subject to the provisions of ORS 195.250 to 195.260 that are more
restrictive than the criteria adopted by a local government pursuant to
subsection (1)(c) of this section.
SECTION 38. ORS 453.342 is amended to read:
453.342. Any fire
department, emergency service personnel or law enforcement agency responding to
an incident of injury to a human, wildlife, domestic animal or property
resulting from a hazardous substance emergency shall make a report of the
incident, in writing, to the office of the State Fire Marshal. The State Fire
Marshal annually shall summarize all incidents reported to the State Fire
Marshal and the information received as a result of the survey conducted under
ORS 453.317. The State Fire Marshal shall submit a copy of the summary to:
(1) The Governor;
(2) The Legislative
Assembly;
(3) The Department of
Environmental Quality;
(4) The Department of
Consumer and Business Services;
(5) The Department of
Transportation;
(6) The Department of Human
Services;
(7) The Environmental
(8) The Office of
Emergency Management [of the Department
of State Police]; and
(9) Every public library
as defined in ORS 357.400.
SECTION 39. ORS 466.635 is amended to read:
466.635. Any person
owning or having control over any oil or hazardous material who has knowledge
of a spill or release shall immediately notify the Office of Emergency
Management [of the Department of State
Police] as soon as that person knows the spill or release is a reportable
quantity.
SECTION 40. ORS 824.088 is amended to read:
824.088. (1) Each
railroad that gives notice to the United States Department of Transportation of
an incident that occurs during the course of transporting hazardous materials
as defined by federal regulations shall also give notice of the incident to the
Director of the Office of Emergency Management [of the Department of State Police].
(2) As soon as
reasonably practicable, each railroad shall notify the director [of the Office of Emergency Management of the
Department of State Police] by telephone or similar means of communication
of any derailment or fire involving or affecting hazardous material.
(3) To facilitate
expedited and accurate notice to the director under this section, each train
transporting hazardous materials in this state shall be equipped with at least
two radio transmitter-receivers in good working order. In addition, 18 months
after October 4, 1977, trains over 2,000 feet in length that are transporting
hazardous materials shall be equipped with a radio handset in good working
order capable of communicating with the radio transmitter-receivers. If the
equipment required under this section does not function while the train is en
route, the train may proceed to the next point of crew change where the
equipment shall be replaced or repaired.
SECTION 41. ORS 837.035 is amended to read:
837.035. All moneys
received by the Oregon Department of Aviation for the registration of pilot
licenses as prescribed in ORS 837.020 shall be paid by the department to the
State Treasurer, who shall deposit it in the General Fund to a special account
to be known as the Aviation Search and Rescue Account. The money in the account
established under this section shall be used by the Office of Emergency
Management [of the Department of State
Police] only for the following purposes or as otherwise provided by law:
(1) Such amount as may
be necessary shall be used for the payment of all expenses incurred by the
Office of Emergency Management in conducting activities authorized under ORS
401.555 to search for lost planes and lost persons, the rescue of lost persons,
pilot survival education and training and all other expenses directly
attributable to the search and rescue program and for the payment of expenses
of the Oregon Department of Aviation relating to the registration of pilot
licenses. The Oregon Department of Administrative Services, after approval of
claims for the expenses referred to in this subsection, shall draw warrants on
the State Treasurer for the payment thereof, payable out of the Aviation Search
and Rescue Account.
(2) The Office of
Emergency Management may use [money] moneys
from the Aviation Search and Rescue Account to provide insurance to compensate
any member of a volunteer air search and rescue organization for injuries or
loss of life sustained in the scope of performing air search and rescue
operations while under the direction of the office [of Emergency Management]. The insurance may be obtained from a
public or private insurer. The scope, coverage and benefits provided under the
insurance shall not exceed those provided for persons under ORS chapter 656. If
the insurance is provided, the coverage provided by the insurance:
(a) Shall include all
volunteer members accepted by the Office of Emergency Management.
(b) Regardless of
negligence, is the exclusive remedy of a member of the Office of Emergency
Management air search and rescue organization against the State of Oregon, the
[Office of Emergency Management] office
or any other person acting under the authority or direction of the [Office of Emergency Management] office
for those injuries or losses resulting from the air search and rescue
activities.
SECTION 42. ORS 401.260 is repealed.
SECTION 43. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor July 3, 2007
Filed in the office of Secretary of State July 5, 2007
Effective date July 3, 2007
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