Chapter 847
AN ACT
HB 2067
Relating to fire protection of forests;
amending ORS 477.120 and 477.770 and section 11, chapter 685, Oregon Laws 2003;
and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Section 11, chapter 685, Oregon Laws 2003, as
amended by section 17, chapter 802, Oregon Laws 2005, is amended to read:
Sec.
11. The amendments to ORS 477.755 by section 9, chapter 685, Oregon
Laws 2003, and section 12, chapter 802, Oregon Laws 2005, [of this 2005 Act] become operative July
1, [2007] 2009.
SECTION 2. ORS 477.120 is amended to read:
477.120. (1) Except as
provided in subsections (2) and (3) of this section, the owner or operator of
forestland is not subject to the obligations or penalties of ORS 164.335 and
477.740 or 477.064, 477.066 and 477.068 if:
(a) Forest patrol
assessments are regularly paid for the forestland; [or]
(b) Such forestland is
protected pursuant to membership in a forest protective association in
accordance with ORS 477.210, which association has undertaken the control and
suppression of fires on such land as provided in the contract; or
(c) Such forestland is
protected pursuant to cooperative agreement or contract under ORS 477.406.
(2) The provisions of
subsection (1) of this section do not apply to such owner or operator if the
owner or operator:
(a)
Is willful, malicious or negligent in the origin or subsequent spread of a fire
on such forestland;
(b) Has caused or
permitted an operation to exist on such forestland and a fire originates
thereon as a result of the operation;
(c) Has failed to give
notice to the forester pursuant to ORS [477.580
(1)] 527.670 (6), has failed to obtain a permit for the use of fire in
any form or power-driven machinery pursuant to ORS 477.625 or has failed
within the time prescribed in any order or notice issued by the forester to
reduce, abate, or offset any hazard determined to exist pursuant to ORS 477.062
or 477.580 and a fire originates on or spreads to the area on which such hazard
exists and for which no release has been granted pursuant to ORS 477.580 (3) or
(4); or
(d) Has caused or
allowed any burning, including burning regulated by ORS 477.013 or 477.515,
whether or not a permit has been obtained and a fire results from or is caused
by such burning.
(3) Unless subsection
(2)(a) or (c) of this section applies, the owner or operator shall not be
obligated to pay that portion of the actual costs provided in ORS 477.068 which
are the ordinary costs of the regular personnel and equipment of the forest
protection district wherein the forestland is located.
(4) If subsection (2)(b) or (d) of this section applies and subsection (2)(a)
and (c) of this section do not apply, the owner or operator shall not be liable
to the forester for fire suppression costs in excess of $300,000.
(5) The provisions of
subsections (3) and (4) of this section do not apply to the owner or operator
if the owner or operator fails to make every reasonable effort.
(6) For the purpose of
subsection (2)(b) of this section, if a fire originates while an operation is
in progress, there is a presumption, under ORS 40.120, that the fire originated
as a result of the operation.
SECTION 3. ORS 477.770 is amended to read:
477.770. The Emergency
Fire Cost Committee shall promulgate rules relating to the disposition of
moneys from the Oregon Forest Land Protection Fund. Under such rules the
committee may require that prior to the payment of moneys from the fund the
forest protection district expend an amount for emergency fire
suppression not to exceed a per acre amount determined to be 10 percent of the
total budgeted amount of all districts as set forth in ORS 477.220 to 477.415
divided by the total protected acres of all districts. However, any such amount
per acre shall apply uniformly to each forest protection district.
SECTION 4. 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 31, 2007
Filed in the office of Secretary of State July 31, 2007
Effective date July 31, 2007
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