74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 744
House Bill 2114
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for State Forestry Department)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates Stewardship Agreement Grant Fund. Continuously
appropriates moneys in fund to State Board of Forestry for grants
to carry out stewardship agreements.
Permits Flexible Incentives Account to be used to fund
activities related to stewardship agreements. Permits Watershed
Improvement Grant Fund to be used to fund activities related to
stewardship agreements. Permits State Department of Agriculture
and State Board of Forestry to make binding determination as to
applicability of rules to particular landowner. Directs State
Department of Agriculture and State Board of Forestry to assist
landowner in compliance with federal Endangered Species Act.
Exempts operation conducted as part of stewardship agreement from
requirement of written plan. Exempts land management plans of
stewardship agreements from disclosure as public record.
A BILL FOR AN ACT
Relating to stewardship agreements; creating new provisions;
amending ORS 192.502, 527.670, 541.381, 541.399 and 541.423;
and appropriating money.
Be It Enacted by the People of the State of Oregon:
{ +
STEWARDSHIP AGREEMENT GRANT FUND + }
SECTION 1. { + (1) The Stewardship Agreement Grant Fund is
established separate and distinct from the General Fund. The
Stewardship Agreement Grant Fund shall consist of all moneys
placed in the fund as provided by law. All moneys in the
Stewardship Agreement Grant Fund are continuously appropriated to
the State Board of Forestry to provide grants to carry out the
purposes of stewardship agreements described in ORS 541.423.
Interest accruing to the Stewardship Agreement Grant Fund shall
be credited to the fund. Funds appropriated and not expended by
the completion of a biennium shall remain in the Stewardship
Agreement Grant Fund.
(2) The State Board of Forestry shall administer the
Stewardship Agreement Grant Fund and provide grants from the fund
to landowners who have entered into stewardship agreements for
the purposes described in ORS 541.423.
(3) In addition to the funds made available for the purposes of
ORS 541.423, the board also may accept gifts and grants from any
public or private source for the purpose of providing the grants
described in subsection (2) of this section. + }
SECTION 2. { + The State Board of Forestry may award funds
from the Stewardship Agreement Grant Fund only for the purposes
described in section 1 of this 2007 Act. Any projects that the
board approves for funding must comply with the following
criteria:
(1) There must be matching contribution from other program
funds, in-kind services or other investment in the project; and
(2) The project must provide a public benefit through improved
water quality or improved fish or wildlife habitat. + }
{ +
FLEXIBLE INCENTIVES ACCOUNT + }
SECTION 3. ORS 541.381 is amended to read:
541.381. (1) There is created a Flexible Incentives Account in
the State Treasury, separate and distinct from the General Fund.
Interest earned by the account shall be credited to the account.
The moneys in the account are continuously appropriated to the
Oregon Watershed Enhancement Board for the purposes specified in
this section.
(2) The Oregon Watershed Enhancement Board shall use the { +
Flexible Incentives + } Account to assist landowners in the
implementation of strategies intended to protect and restore
native species of fish, wildlife and plants and to maintain
long-term ecological health, diversity and productivity in a
manner consistent with statewide, regional or local conservation
plans. The board shall seek to fund those strategies that offer
the greatest public benefit at the lowest cost. { + The account
may also be used to fund activities to achieve the purposes of
stewardship agreements entered into under ORS 541.423 between a
landowner, or a representative of the landowner, and the State
Department of Agriculture or the State Board of Forestry. + }
(3) The account shall consist of moneys appropriated to it by
the Legislative Assembly and moneys provided to the board by
federal, state, regional or local governments for the purposes
specified in this section. The board may accept private moneys in
the form of gifts, grants and bequests for deposit into the
account.
{ +
WATERSHED IMPROVEMENT GRANT FUND + }
SECTION 4. ORS 541.399 is amended to read:
541.399. The purpose of the Watershed Improvement Grant Fund is
to provide funding for grants for:
(1) Expenses of the Independent Multidisciplinary Science Team
established under ORS 541.409 { - ; and - } { + . + }
(2) { - The following: - }
{ - (a) - } Watershed and riparian habitat conservation
activities, including but not limited to planning, coordination,
assessment, implementation and monitoring activities.
{ - (b) - } { + (3) + } Watershed and riparian education
efforts, including peer education about stream processes for
landowners.
{ - (c) - } { + (4) + } The implementation of watershed
enhancement plans developed by watershed councils.
{ - (d) - } { + (5) + } Water quality improvement plans
approved by the State Department of Agriculture or the Department
of Environmental Quality.
{ - (e) - } { + (6) + } Entering into an agreement to
obtain from a willing owner a determinate interest in lands and
waters that protect watershed resources, including but not
limited to fee simple interests in land, leases of land and
conservation easements.
{ + (7) Activities to achieve the purposes of stewardship
agreements entered into under ORS 541.423 between a landowner, or
a representative of the landowner, and the State Department of
Agriculture or the State Board of Forestry. + }
{ - (f) - } { + (8) + } Activities to implement the
provisions of section 4b, Article XV of the Oregon Constitution.
{ +
STEWARDSHIP AGREEMENTS + }
SECTION 5. ORS 541.423 is amended to read:
541.423. (1) As used in this section, 'stewardship agreement'
means an agreement voluntarily entered into and signed by a
landowner, or representative of the landowner, and the State
Department of Agriculture or the State Board of Forestry that
sets forth the terms under which the landowner will self-regulate
to meet and exceed applicable regulatory requirements and achieve
conservation, restoration and improvement of fish and wildlife
habitat or water quality.
(2) The State Department of Agriculture and the State Board of
Forestry may, individually or jointly, enter into stewardship
agreements with landowners.
(3) The purposes of a stewardship agreement are to provide:
(a) An incentive for landowners to provide for conservation,
restoration and improvement of fish and wildlife habitat or water
quality;
(b) A mechanism to coordinate, facilitate and memorialize a
landowner's compliance with the requirements of state and federal
regulatory schemes; and
(c) A mechanism to combine or coordinate multiple incentive
programs among agencies and levels of government to:
(A) Improve the delivery of financial and technical assistance
to landowners engaged in conservation activities;
(B) Reduce redundancy among programs;
(C) Simplify application procedures;
(D) Leverage the investment of federal funds;
(E) Make more efficient use of technical assistance funds;
(F) Provide greater incentives for landowners;
(G) Foster partnerships and improve cooperation with
nongovernmental organizations;
(H) Provide greater environmental benefits;
(I) Tailor and more effectively target conservation programs
administered by federal, state and local governments to the
unique conservation needs of, and opportunities presented by,
individual parcels of eligible land; and
(J) Give landowners an increased level of regulatory certainty.
(4) The State Board of Forestry and the State Department of
Agriculture, in consultation with the State Department of Fish
and Wildlife, shall adopt by rule procedures and criteria for
stewardship agreements. The procedures and criteria shall
include, but need not be limited to:
(a) The certification of a land management plan which shall, at
a minimum, include:
(A) A comprehensive description and inventory of the subject
property, its features and uses; and
(B) A prescription for the protection of resources that exceeds
land management practices, standards and activities otherwise
required by law and that is designed to achieve conservation,
restoration and improvement of fish and wildlife habitat or water
quality.
(b) A requirement that each landowner subject to a stewardship
agreement demonstrate a clear capability to carry out the
provisions of the land management plan and have a past record of
good compliance with applicable laws and regulations regarding
land use and management.
(5) Each government agency that is a party to a stewardship
agreement shall conduct periodic audits on lands subject to the
stewardship agreement to determine whether the land management
plan is being implemented and whether the agreement should be
continued, revised or discontinued.
(6) Stewardship agreements may provide benefits to landowners
that include, but are not limited to:
(a) Expedited permit processing;
(b) Regulatory certainty;
(c) Priority consideration for cost-share assistance or other
financial incentives and technical assistance; and
(d) Government certification that certain land management
practices have been implemented.
{ + (7) To give landowners an increased level of regulatory
certainty, the State Department of Agriculture and the State
Board of Forestry may, individually or jointly, make a binding
determination as to the applicability of rules of the State
Department of Agriculture and the State Board of Forestry to a
particular landowner, or a representative of the landowner, who
has entered into a stewardship agreement. The binding
determination shall require the landowner or representative of
the landowner to abide by the local ordinances, state law and
rules of the State Department of Agriculture and the State Board
of Forestry that are in effect on the date the binding
determination is executed, except that upon a clear showing of a
significant threat to the public health or safety, fish and
wildlife habitat or water quality that requires application of
later-adopted ordinances, laws or rules, the State Department of
Agriculture or the State Board of Forestry may require compliance
with such later-adopted laws or rules.
(8) The State Department of Agriculture and the State Board of
Forestry may, individually or jointly, make a binding
determination that activities undertaken by a particular
landowner, or a representative of the landowner, as part of a
stewardship agreement are consistent with the purposes and
policies of any relevant Safe Harbor Agreements or Candidate
Conservation Agreements entered into between the State of Oregon
and agencies of the United States Government, pursuant to the
federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C.
1531 et seq.) and federal regulations. + }
{ +
FOREST PRACTICES ACT - WRITTEN PLAN REQUIREMENT + }
SECTION 6. ORS 527.670 is amended to read:
527.670. (1) The State Board of Forestry shall designate the
types of operations for which notice shall be required under this
section.
(2) The board shall determine by rule what types of operations
require a written plan.
(3) The board's determination under subsection (2) of this
section shall require a written plan for operations:
(a) Within one hundred feet of a stream determined by the State
Forester to be used by fish or for domestic use, unless the
board, by rule, provides that a written plan is not required
because the proposed operation will be conducted according to a
general vegetation retention prescription described in
administrative rule { + , or unless the operation will be
conducted pursuant to a stewardship agreement entered into under
ORS 541.423 + }; or
(b) Within three hundred feet of a resource site inventoried
pursuant to ORS 527.710 (3)(a) { + unless the operation will be
conducted pursuant to a stewardship agreement entered into under
ORS 541.423 and is consistent with the purposes and policies of
any relevant Safe Harbor Agreements or Candidate Conservation
Agreements entered into between the State of Oregon and agencies
of the United States Government, pursuant to the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et
seq.) and federal regulations + }.
(4) The distances set forth in subsection (3)(a) and (b) of
this section are solely for the purpose of defining an area
within which a hearing may be requested under ORS 527.700 and not
the area to be protected by the board's rules adopted pursuant to
ORS 527.710 (3)(c).
(5) For the purpose of determining the distances set forth in
subsection (3)(a) and (b) of this section 'site' means the
specific resource site and not any additional buffer area.
(6) An operator, timber owner or landowner, before commencing
an operation, shall notify the State Forester. The notification
shall be on forms provided by the State Forester and shall
include the name and address of the operator, timber owner and
landowner, the legal description of the operating area, and any
other information considered by the State Forester to be
necessary for the administration of the rules promulgated by the
board pursuant to ORS 527.710. Promptly upon receipt of such
notice, the State Forester shall send a copy of the notice to
whichever of the operator, timber owner or landowner did not
submit the notification. The State Forester shall send a copy of
notices involving chemical applications to persons within 10
miles of the chemical application who hold downstream surface
water rights pursuant to ORS chapter 537, if such a person has
requested that notification in writing. The board shall adopt
rules specifying the information to be contained in the notice.
All information filed with the State Forester pertaining to
chemical applications shall be public record.
(7) An operator, timber owner or landowner, whichever filed the
original notification, shall notify the State Forester of any
subsequent change in the information contained in the
notification.
(8) Within three working days of receipt of a notice or a
written plan filed under subsection (6) or (7) of this section,
the State Forester shall send a copy of the notice or written
plan to any person who requested of the State Forester in writing
that the person be sent copies of notice and written plan and who
has paid any applicable fee established by the State Forester for
such service. The State Forester may establish a fee for sending
copies of notices and written plans under this subsection not to
exceed the actual and reasonable costs. In addition, the State
Forester shall send a copy of the notification to the Department
of Revenue and the county assessor for the county in which the
operation is located, at times and in a manner determined through
written cooperative agreement by the parties involved.
(9) Persons may submit written comments pertaining to the
operation to the State Forester within 14 calendar days of the
date the notice or written plan was filed with the State Forester
under subsection (2), (6) or (7) of this section. Notwithstanding
the provisions of this subsection, the State Forester may waive
any waiting period for operations not requiring a written plan
under subsection (3) of this section, except those operations
involving aerial application of chemicals.
(10) If an operator, timber owner or landowner is required to
submit a written plan of operations to the State Forester under
subsection (3) of this section:
(a) The State Forester shall review a written plan and may
provide comments to the person who submitted the written plan;
(b) The State Forester may not provide any comments concerning
the written plan earlier than 14 calendar days following the date
that the written plan was filed with the State Forester nor later
than 21 calendar days following the date that the written plan
was filed; and
(c) Provided that notice has been provided as required by
subsection (6) of this section, the operation may commence on the
date that the State Forester provides comments or, if no comments
are provided within the time period established in paragraph (b)
of this subsection, at any time after 21 calendar days following
the date that the written plan was filed.
(11)(a) Comments provided by the State Forester, or by the
board under ORS 527.700 (6), to the person who submitted the
written plan are for the sole purpose of providing advice to the
operator, timber owner or landowner regarding whether the
operation described in the written plan is likely to comply with
ORS 527.610 to 527.770 and rules adopted thereunder. Comments
provided by the State Forester or the board do not constitute an
approval of the written plan or operation.
(b) If the State Forester or the board does not comment on a
written plan, the failure to comment does not mean that an
operation carried out in conformance with the written plan
complies with ORS 527.610 to 527.770 or rules adopted thereunder
nor does the failure to comment constitute a rejection of the
written plan or operation.
(c) In the event that the State Forester or board determines
that an enforcement action may be appropriate concerning the
compliance of a particular operation with ORS 527.610 to 527.770
or rules adopted thereunder, the State Forester or board shall
consider, but are not bound by, comments that the State Forester
provided under this section or comments that the board provided
under ORS 527.700.
(12) When the operation is required to have a written plan
under subsection (3) of this section and comments have been
timely filed under subsection (9) of this section pertaining to
the operation requiring a written plan, the State Forester shall:
(a) Send a copy of the State Forester's review and comments, if
any, to persons who submitted timely written comments under
subsection (9) of this section pertaining to the operation; and
(b) Send to the operator, timber owner and landowner a copy of
all timely comments submitted under subsection (9) of this
section.
{ +
PUBLIC RECORDS EXEMPTION + }
SECTION 7. ORS 192.502 is amended to read:
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if public
disclosure would constitute an unreasonable invasion of privacy,
unless the public interest by clear and convincing evidence
requires disclosure in the particular instance. The party seeking
disclosure shall have the burden of showing that public
disclosure would not constitute an unreasonable invasion of
privacy.
(3) Public body employee or volunteer addresses, Social
Security numbers, dates of birth and telephone numbers contained
in personnel records maintained by the public body that is the
employer or the recipient of volunteer services. This exemption:
(a) Does not apply to the addresses, dates of birth and
telephone numbers of employees or volunteers who are elected
officials, except that a judge or district attorney subject to
election may seek to exempt the judge's or district attorney's
address or telephone number, or both, under the terms of ORS
192.445;
(b) Does not apply to employees or volunteers to the extent
that the party seeking disclosure shows by clear and convincing
evidence that the public interest requires disclosure in a
particular instance;
(c) Does not apply to a substitute teacher as defined in ORS
342.815 when requested by a professional education association of
which the substitute teacher may be a member; and
(d) Does not relieve a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapters 238 and 238A.
(13) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to
proposed acquisition, exchange or liquidation of public
investments under ORS chapter 293 may be treated as exempt from
disclosure when and only to the extent that disclosure of such
records reasonably may be expected to substantially limit the
ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records
which relate to concluded transactions are not subject to this
exemption.
(14) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(15) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(16) The following records, communications and information
submitted to the Oregon Economic and Community Development
Commission, the Economic and Community Development Department,
the State Department of Agriculture, the Oregon Growth Account
Board, the Port of Portland or other ports, as defined in ORS
777.005, by applicants for investment funds, loans or services
including, but not limited to, those described in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(17) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.485 for
the purpose of requesting appointed counsel, and all information
supplied to the court from whatever source for the purpose of
verifying the financial eligibility of a person pursuant to ORS
151.485.
(19) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(20) Sensitive business records or financial or commercial
information of the Oregon Health and Science University that is
not customarily provided to business competitors.
(21) Records of Oregon Health and Science University regarding
candidates for the position of president of the university.
(22) The records of a library, including circulation records,
showing use of specific library material by a named person or
consisting of the name of a library patron together with the
address or telephone number, or both, of the patron.
(23) The following records, communications and information
obtained by the Housing and Community Services Department in
connection with the department's monitoring or administration of
financial assistance or of housing or other developments:
(a) Personal and corporate financial statements and
information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and
operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence.
(k) Personal information about a tenant.
(L) Housing assistance payments.
(24) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
(25) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in ORS
261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its
retail electricity customers. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(26) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
related to a transaction described in ORS 225.085 and disclosure
of the information would cause a competitive disadvantage for the
Klamath Cogeneration Project. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(27) Personally identifiable information about customers of a
municipal electric utility or a people's utility district or the
names, dates of birth, driver license numbers, telephone numbers,
electronic mail addresses or Social Security numbers of customers
who receive water, sewer or storm drain services from a public
body as defined in ORS 174.109. The utility or district may
release personally identifiable information about a customer, and
a public body providing water, sewer or storm drain services may
release the name, date of birth, driver license number, telephone
number, electronic mail address or Social Security number of a
customer, if the customer consents in writing or electronically,
if the disclosure is necessary for the utility, district or other
public body to render services to the customer, if the disclosure
is required pursuant to a court order or if the disclosure is
otherwise required by federal or state law. The utility, district
or other public body may charge as appropriate for the costs of
providing such information. The utility, district or other public
body may make customer records available to third party credit
agencies on a regular basis in connection with the establishment
and management of customer accounts or in the event such accounts
are delinquent.
(28) A record of the street and number of an employee's address
submitted to a special district to obtain assistance in promoting
an alternative to single occupant motor vehicle transportation.
(29) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
(30) Documents, materials or other information submitted to the
Director of the Department of Consumer and Business Services in
confidence by a state, federal, foreign or international
regulatory or law enforcement agency or by the National
Association of Insurance Commissioners, its affiliates or
subsidiaries under ORS 646.380 to 646.398, 697.005 to 697.095,
697.602 to 697.842, 705.137, 717.200 to 717.320, 717.900 or
717.905, ORS chapter 59, 722, 723, 725 or 726, the Bank Act or
the Insurance Code when:
(a) The document, material or other information is received
upon notice or with an understanding that it is confidential or
privileged under the laws of the jurisdiction that is the source
of the document, material or other information; and
(b) The director has obligated the Department of Consumer and
Business Services not to disclose the document, material or other
information.
(31) A county elections security plan developed and filed under
ORS 254.074.
(32) Information about review or approval of programs relating
to the security of:
(a) Generation, storage or conveyance of:
(A) Electricity;
(B) Gas in liquefied or gaseous form;
(C) Hazardous substances as defined in ORS 453.005 (7)(a), (b)
and (d);
(D) Petroleum products;
(E) Sewage; or
(F) Water.
(b) Telecommunication systems, including cellular, wireless or
radio systems.
(c) Data transmissions by whatever means provided.
(33) The information specified in ORS 25.020 (8) if the Chief
Justice of the Supreme Court designates the information as
confidential by rule under ORS 1.002.
(34) If requested by a public safety officer as defined in ORS
181.610, the home address, home telephone number and electronic
mail address of the public safety officer. This exemption does
not apply to addresses and telephone numbers that are contained
in county real property or lien records.
{ + (35) Land management plans required for voluntary
stewardship agreements entered into under ORS 541.423, unless the
landowner or a representative of the landowner grants permission
to disclose the plan. + }
{ +
MISCELLANEOUS + }
SECTION 8. { + The unit captions used in this 2007 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2007 Act. + }
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