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 1201
A-Engrossed
House Bill 2370
Ordered by the House February 19
Including House Amendments dated February 19
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Committee on
Emergency Preparedness)
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.
Creates Office of Homeland Security and Emergency Management in
Oregon Military Department. Abolishes Office of Emergency
Management and transfers functions to Office of Homeland Security
and Emergency Management.
{ + Prohibits unit of government from seizing firearms from
individuals in lawful possession of firearms during declared
emergency. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to Oregon security; creating new provisions; amending
ORS 182.122, 195.260, 286.760, 286.762, 286.766, 286.768,
286.780, 286.782, 286.786, 286.788, 401.025, 401.055, 401.270,
401.275, 401.280, 401.288, 401.290, 401.292, 401.294, 401.296,
401.300, 401.305, 401.337, 401.347, 401.385, 401.395, 401.425,
401.435, 401.445, 401.490, 401.500, 401.515, 401.535, 401.538,
401.543, 401.546, 401.550, 401.555, 401.560, 401.573, 401.576,
401.654, 401.710, 401.730, 401.735, 401.755, 401.785, 401.790,
401.806, 401.808, 401.816, 401.861, 401.863, 401.864, 401.871,
401.872, 401.874, 401.881, 453.342, 465.505, 466.635, 469.533,
824.088 and 837.035 and section 1, chapter 763, Oregon Laws
2005; repealing ORS 401.260; appropriating money; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
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 Homeland Security and
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 Homeland Security and
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 Homeland Security and
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 Homeland
Security and 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 Homeland Security and 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 Homeland Security and
Emergency Management may adopt rules necessary for the
administration of the laws that the Office of Homeland Security
and Emergency Management is charged with administering. + }
SECTION 6. { + (1) To aid and advise the Director of the
Office of Homeland Security and Emergency Management in the
performance of the functions of the Office of Homeland Security
and 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 Homeland Security
and 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 Homeland
Security and Emergency Management. + }
SECTION 8. { + (1) The following departments shall designate a
person within each department to act as a liaison with the Office
of Homeland Security and 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 Homeland
Security and 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 are imposed upon, transferred to and vested
in the Office of Homeland Security and Emergency Management. + }
SECTION 10. { + (1) The Superintendent of State Police shall:
(a) Deliver to the Office of Homeland Security and Emergency
Management 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 Homeland Security and Emergency
Management 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 Homeland Security and
Emergency Management 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 and the Office of Homeland
Security and Emergency Management 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
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 Homeland Security and Emergency
Management 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 remain applicable to expenditures by the
Office of Homeland Security and Emergency Management under this
section. + }
SECTION 12. { + The transfer of duties, functions and powers
to the Office of Homeland Security and Emergency Management 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 Homeland Security and
Emergency Management is substituted for the Office of Emergency
Management 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 Homeland
Security and Emergency Management may undertake the collection or
enforcement of any such liability, duty or obligation.
(2) The rights and obligations of the Office of Emergency
Management 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 Homeland Security and Emergency Management. For the purpose of
succession to these rights and obligations, the Office of
Homeland Security and Emergency Management is a continuation of
the Office of Emergency Management 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 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 Homeland
Security and Emergency Management. References in rules of the
Office of Emergency Management to the Office of Emergency
Management or an officer or employee of the Office of Emergency
Management are considered to be references to the Office of
Homeland Security and Emergency Management or an officer or
employee of the Office of Homeland Security and Emergency
Management. + }
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 or an officer or
employee of the Office of Emergency Management, the reference is
considered to be a reference to the Office of Homeland Security
and Emergency Management or an officer or employee of the Office
of Homeland Security and Emergency Management. + }
SECTION 16. { + The Director of the Office of Homeland
Security and 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, 17a and 17b of
this 2007 Act, the amendments to statutes and uncodified law by
sections 18 to 82 of this 2007 Act and the repeal of ORS 401.260
by section 83 of this 2007 Act become operative on January 1,
2008. + }
SECTION 17a. { + Section 17b of this 2007 Act is added to and
made a part of ORS 401.015 to 401.105. + }
SECTION 17b. { + (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 18. ORS 401.025 is amended to read:
401.025. As used in ORS 401.015 to 401.105, 401.260 to 401.325
and 401.355 to 401.580, unless the context requires otherwise:
(1) 'Beneficiary' has the meaning given that term in ORS
656.005.
(2) 'Commission' means the Seismic Safety Policy Advisory
Commission established under ORS 401.337.
(3) 'Emergency' { - includes any - } { + means a + } human
caused 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, but is not
limited to, fire, explosion, flood, severe weather, drought,
earthquake, volcanic activity, spills or releases of oil or
hazardous material as defined in ORS 466.605, contamination,
utility or transportation emergencies, disease, blight,
infestation, crisis influx of migrants unmanageable by the
county, civil disturbance, riot, sabotage and war - } .
(4) 'Emergency management agency' means an organization created
and authorized under ORS 401.015 to 401.105, 401.260 to 401.325
and 401.355 to 401.580 by the state, county or city to provide
for and { - assure - } { + ensure + } the conduct and
coordination of functions for comprehensive emergency program
management.
(5) 'Emergency program management' includes all the tasks and
activities necessary to provide, support and maintain the ability
of the emergency services system to prevent or reduce the impact
of emergency or disaster conditions which includes, but is not
limited to, coordinating development of plans, procedures,
policies, fiscal management, coordination with nongovernmental
agencies and organizations, providing for a coordinated
communications and alert and notification network and a public
information system, personnel training and development and
implementation of exercises to routinely test the emergency
services system.
(6) 'Emergency program manager' means the person administering
the emergency management agency of a county or city.
(7) 'Emergency service agency' means an organization within a
local government which performs essential services for the
public's benefit prior to, during or following an emergency. This
includes, but is not limited to, organizational units within
local governments, such as law enforcement, fire control, health,
medical and sanitation services, public works and engineering,
public information and communications.
(8) 'Emergency service worker' means an individual who, under
the direction of an emergency service agency or emergency
management agency, performs emergency services and:
(a) Is a registered volunteer or independently volunteers to
serve without compensation and is accepted by the { - Office of
Emergency Management - } { + Office of Homeland Security and
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.
(9) 'Emergency services' includes those activities provided by
state and local government agencies with emergency operational
responsibilities to prepare for and carry out any activity to
prevent, minimize, respond to or recover from an emergency. These
activities include, without limitation, coordination,
preparedness planning, training, interagency liaison, fire
fighting, oil or hazardous material spill or release cleanup as
defined in ORS 466.605, law enforcement, medical, health and
sanitation services, engineering and public works, search and
rescue activities, warning and public information, damage
assessment, administration and fiscal management, and those
measures defined as 'civil defense' in { - section 3 of the Act
of January 12, 1951, P.L. 81-920 (50 U.S.C. 2252) - } { + 50
U.S.C. app. 2252 + }.
(10) 'Emergency services system' means that system composed of
all agencies and organizations involved in the coordinated
delivery of emergency services.
{ + (11) 'Human caused or natural event or circumstance '
includes, but is not limited to:
(a) Fire, explosion, flood, severe weather, drought,
earthquake, tsunami, volcanic activity, 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 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. + }
{ - (11) - } { + (12) + } '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.
{ - (12) - } { + (13) + } 'Local government' means any
governmental entity authorized by the laws of this state.
{ - (13) - } { + (14) + } 'Major disaster' means any event
defined as a ' major disaster' under 42 U.S.C. 5122(2).
{ - (14) - } { + (15) + } 'Oregon emergency management
plan' means the state emergency preparedness operations and
management plan. The
{ - Office of Emergency Management - } { + Office of Homeland
Security and Emergency Management + } is responsible for
coordinating emergency planning with government agencies and
private organizations, preparing the plan for the Governor's
signature, and maintaining and updating the plan as necessary.
{ - (15) - } { + (16) + } '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.
{ - (16) - } { + (17) + } 'Sheriff' means the chief law
enforcement officer of a county.
SECTION 19. 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 - } { + Office of Homeland Security and
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 - }
{ + Director of the Office of Homeland Security and 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 20. ORS 401.270 is amended to read:
401.270. The Director of the { - Office of Emergency
Management - } { + Office of Homeland Security and 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 - } { + Office of Homeland Security and 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 21. 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 Homeland
Security and 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 - } { + Office of Homeland
Security and 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 Oregon emergency management
plan with emergency service or administrative responsibilities,
shall appoint an emergency management coordinator as their
representative to work with the office on the development and
implementation of emergency plans and procedures.
(5) The { - Department of State Police - } { + Office of
Homeland Security and Emergency Management + } shall adopt rules
relating to the planning, administration and operation of the
notification system maintained under this section.
SECTION 22. ORS 401.280 is amended to read:
401.280. (1) The { - Office of Emergency Management - }
{ + Office of Homeland Security and 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 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 - } { + Homeland
Security and Emergency Management + } Revolving Account and to
authorize the disbursement and distribution of these funds in
accordance with the applicable agreement.
SECTION 23. ORS 401.288 is amended to read:
401.288. (1) Subject to subsection (3) of this section, the
{ - Office of Emergency Management - } { + Office of Homeland
Security and Emergency Management + } shall enter into a contract
with a 2-1-1 system facilitator to design, implement and support
a statewide 2-1-1 system.
(2) The contract shall ensure that the 2-1-1 system
facilitator:
(a) Creates a structure for a statewide 2-1-1 resources
database that:
(A) Meets standards for information and referral systems
databases established by a nationally recognized corporation
devoted to improving access to services through a mechanism of
information and referral; and
(B) Will be integrated with local resources databases
maintained by approved 2-1-1 service providers;
(b) Develops a statewide resources database for the 2-1-1
system; and
(c) Maintains public information provided by state agencies and
programs that provide health and human services for access by
2-1-1 service providers.
(3) In awarding the contract under subsection (1) of this
section, the office shall ensure that the 2-1-1 system
facilitator has the funds and the financial capacity to carry out
the terms of the contract and that the contract is cost-neutral
to the office.
SECTION 24. ORS 401.290 is amended to read:
401.290. (1) The 2-1-1 system facilitator shall recommend 2-1-1
service providers to the { - Office of Emergency Management - }
{ + Office of Homeland Security and Emergency Management + }
based on the following criteria:
(a) The ability of the proposed 2-1-1 service provider to meet
the national 2-1-1 standards recommended by a nationally
recognized corporation devoted to improving access to services
through a mechanism of information and referral;
(b) The financial stability of the proposed 2-1-1 service
provider;
(c) The community support for the proposed 2-1-1 service
provider;
(d) The relationships of the proposed 2-1-1 service provider
with other information and referral services; and
(e) Other criteria that the 2-1-1 system facilitator deems
appropriate.
(2) The office shall approve 2-1-1 service providers based on
the recommendations of the 2-1-1 system facilitator. Only a 2-1-1
service provider approved by the office may provide 2-1-1
services.
SECTION 25. ORS 401.292 is amended to read:
401.292. Before a state agency that provides health and human
services establishes a new public information hotline, the state
agency shall consult with the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + } about using the 2-1-1 system to provide public
access to the information.
SECTION 26. ORS 401.294 is amended to read:
401.294. (1) The { - Office of Emergency Management - }
{ + Office of Homeland Security and Emergency Management + } may
accept contributions of moneys and assistance from the federal
government or its agencies or from any other source, public or
private, and agree to conditions placed on the moneys not
inconsistent with the purpose of establishing a statewide 2-1-1
system.
(2) The office may, from contributions of moneys received under
subsection (1) of this section:
(a) Provide grants to approved 2-1-1 service providers for the
design, development, and implementation of 2-1-1 for their 2-1-1
service areas;
(b) Provide grants to approved 2-1-1 service providers to
enable the provision of 2-1-1 services on an ongoing basis; and
(c) Provide grants to approved 2-1-1 service providers to
enable the provision of 2-1-1 services 24 hours a day, seven days
a week.
SECTION 27. ORS 401.296 is amended to read:
401.296. The 2-1-1 Account is established in the State
Treasury, separate and distinct from the General Fund. All moneys
received by the { - Office of Emergency Management - }
{ + Office of Homeland Security and Emergency Management + } for
the 2-1-1 system under ORS 401.294 shall be deposited into the
account and are continuously appropriated to the { - Office of
Emergency Management - } { + Office of Homeland Security and
Emergency Management + } to be used only for the implementation
and support of the 2-1-1 system.
SECTION 28. ORS 401.300 is amended to read:
401.300. (1) The Director of the { - Office of Emergency
Management - } { + Office of Homeland Security and 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 Oregon Fire Chiefs' Association;
(g) The Oregon Association Chiefs of Police; and
(h) The Oregon Association of Hospitals and Health Systems + }.
(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 29. ORS 401.305 is amended to read:
401.305. (1) Each county of this state shall, and each city
may, establish an emergency management agency which shall be
directly responsible to the executive officer or governing body
of the county or city.
(2) The executive officer or governing body of each county and
any city which participates shall appoint an emergency program
manager who shall have responsibility for the organization,
administration and operation of such agency, subject to the
direction and control of the county or city.
(3) The local governing bodies of counties and cities that have
both city and county emergency management programs shall jointly
establish policies which provide direction and identify and
define the purpose and roles of the individual emergency
management programs, specify the responsibilities of the
emergency program managers and staff and establish lines of
communication, succession and authority of elected officials for
an effective and efficient response to emergency conditions.
(4) Each emergency management agency shall perform emergency
program management functions within the territorial limits of the
county or city and may perform such functions outside the
territorial limits as required under any mutual aid or
cooperative assistance agreement or as authorized by the county
or city.
(5) The emergency management functions shall include, as a
minimum:
(a) Coordination of the planning activities necessary to
prepare and maintain a current emergency operations plan,
management and maintenance of emergency operating facilities from
which elected and appointed officials can direct emergency and
disaster response activities;
(b) Establishment of an incident command structure for
management of a coordinated response by all local emergency
service agencies; and
(c) Coordination with the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + } to integrate effective practices in emergency
preparedness and response as provided in the National Incident
Management System established by the Homeland Security
Presidential Directive 5 of February 28, 2003.
SECTION 30. 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 - } { + Office of Homeland Security and Emergency
Management + }; 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 31. ORS 401.347 is amended to read:
401.347. The { - Office of Emergency Management - }
{ + Office of Homeland Security and 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 32. ORS 401.385 is amended to read:
401.385. { + (1) + } Each emergency program manager of an
emergency management agency shall maintain a record of enrollment
of emergency service workers who are personnel of the agency.
Each record shall contain the name and address of the worker, the
name of the employer of the worker, date of enrollment and
authorized classification of assignment to duty, including the
times of assigned duty, as well as changes in enrollment. The
record forms shall be supplied by the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + }.
{ + (2) + } Records of membership in the Oregon State Defense
Force shall be maintained by the Military Department { - of the
State of Oregon - } .
SECTION 33. ORS 401.395 is amended to read:
401.395. If an emergency service worker sustains an injury,
benefits shall be paid in the same manner as provided for injured
workers under the workers' compensation laws of this state,
except that:
(1) If the injury results in temporary partial disability, no
benefits shall accrue to the injured emergency service worker on
account of loss of wages due to such disability.
(2) Costs of rehabilitation services to disabled emergency
service workers shall be paid from funds specifically
appropriated therefor in an amount approved by the { - Office
of Emergency Management - } { + Office of Homeland Security and
Emergency Management + }, which shall be the reasonable and
necessary cost of such services, including services of a
physician or rehabilitation facility specially qualified to
render rehabilitation services. Expenses of rehabilitation may
include travel, board and room, when necessary.
(3) The maximum amount payable for medical, surgical or
hospital expenses, compensation and rehabilitation on any one
claim shall not exceed $20,000.
SECTION 34. 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 - } { + Office of Homeland Security and 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 35. ORS 401.435 is amended to read:
401.435. Any question of law or fact may be appealed to the
circuit court of the county where the injury occurred within 30
days from the date of mailing of the final decision by the
{ - Office of Emergency Management - } { + Office of Homeland
Security and Emergency Management + }, if the emergency service
worker is dissatisfied with the final decision.
SECTION 36. ORS 401.445 is amended to read:
401.445. If funds are not available to the { - Office of
Emergency Management - } { + Office of Homeland Security and
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 37. ORS 401.490 is amended to read:
401.490. In carrying out the provisions of ORS 401.015 to
401.105, 401.260 to 401.325 and 401.355 to 401.580, the Governor
and the executive officers or governing bodies of the counties
and cities may request and utilize the services, equipment,
supplies and facilities of existing departments, offices and
agencies of the state and of local governments. The officers and
personnel of all local government departments, offices and
agencies may cooperate with, and extend such services and
facilities to the Governor, to the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + } and to emergency management agencies and emergency
service agencies upon request.
SECTION 38. ORS 401.500 is amended to read:
401.500. The state shall reimburse a local government for the
compensation paid and the actual and necessary travel,
subsistence and maintenance expenses of employees of the local
government while actually serving at the direction of the
Governor or the Director of the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + } in a state function or capacity.
SECTION 39. ORS 401.515 is amended to read:
401.515. (1) During the existence of an emergency, the state
and any local government, any agent thereof or emergency service
worker engaged in any emergency services activity, while
complying with or attempting to comply with ORS 401.015 to
401.105, 401.260 to 401.325 and 401.355 to 401.580 or any rule
adopted under those sections, is not, except in cases of willful
misconduct, gross negligence or bad faith, liable for the death
or injury of any person, or damage or loss of property, as a
result of that activity.
(2) There shall be no liability on the part of a person who
owns or maintains any building or premises which has been
designated by any emergency management agency or emergency
service agency or any public body or officer of this state or the
United States as a fallout shelter or a shelter from destructive
operations or attacks by enemies of the United States for the
death of or injury to any individual or damage to or loss of
property while in or upon the building or premises as a result of
the condition of the building or premises or as a result of any
act or omission, except willful misconduct, gross negligence or
bad faith of such person or the servants, agents or employees of
the person when the dead or injured individual entered or went on
or into the building or premises for the purpose of seeking
refuge therein during or in anticipation of destructive
operations or attacks by enemies of the United States or during
tests ordered by lawful authority.
(3) The provisions of ORS 401.015 to 401.105, 401.260 to
401.325 and 401.355 to 401.580 do not affect the right of any
person to receive benefits or compensation to which the person
would otherwise be entitled under ORS 401.015 to 401.105, 401.260
to 401.325 and 401.355 to 401.580, under ORS chapter 656, under
any pension or retirement law or under any act of Congress.
(4) Emergency service workers, in carrying out, complying with
or attempting to comply with any order or rule issued under ORS
401.015 to 401.105, 401.260 to 401.325 and 401.355 to 401.580 or
any local ordinance, or performing any of their authorized
functions or duties or training for the performance of their
authorized functions or duties, shall have the same degree of
responsibility for their actions and enjoy the same immunities as
officers and employees of the state and its local governments
performing similar work.
(5) This section does not excuse any governmental agency from
liability for intentional confiscation or intentional destruction
of private property.
(6) A person who complies with a lawful order of the Governor
under ORS 401.015 to 401.105, 401.260 to 401.325 and 401.355 to
401.580 incurs no liability for damages resulting from
compliance.
(7)(a) An officer, employee or agent of the federal government
or another state, or an agency or political subdivision of
another state, who is accepted by the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + } to act as an emergency service worker is an agent
of this state for the purposes of this section and ORS 30.260 to
30.300.
(b) An officer, employee or agent of the federal government or
another state, or an agency or political subdivision of another
state, who is accepted by a local government emergency management
agency to act as an emergency service worker is an agent of the
local government emergency management agency for the purposes of
this section and ORS 30.260 to 30.300.
SECTION 40. 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 - } { + Homeland Security and 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 - } { + Office of Homeland Security and Emergency
Management + }, 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 - } { + Homeland Security and
Emergency Management + } Revolving Account. Moneys in the
{ - Emergency Management - } { + Homeland Security and
Emergency Management + } Revolving Account are continuously
appropriated to the { - Office of Emergency Management - }
{ + Office of Homeland Security and 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 41. ORS 401.538 is amended to read:
401.538. (1) Each state or local agency shall drill agency
employees working in office buildings on emergency procedures so
that the employees may respond to an earthquake emergency without
confusion or panic. The agencies shall conduct the drills in
accordance with { - Office of Emergency Management - }
{ + Office of Homeland Security and Emergency Management + }
rules. The drills must include familiarization with routes and
methods of exiting the building and methods of 'duck, cover and
hold' during an earthquake. An agency shall conduct the drills
annually. The
{ - Office of Emergency Management - } { + office + } may, by
rule or on application, grant exemptions from the drill
requirement for good cause.
(2) As used in this section, 'state or local agency' means a
state or local office, department, division, bureau, board or
commission that is assigned, renting, leasing, owning or
controlling office space for carrying out its duties. 'State or
local agency' includes the Legislative Assembly when in regular
session.
SECTION 42. ORS 401.543 is amended to read:
401.543. A person employing 250 or more full-time employees
within this state shall drill employees working in office
buildings on emergency procedures so that the employees may
respond to an earthquake emergency without confusion or panic.
The person shall conduct the drills in accordance with
{ - Office of Emergency Management - } { + Office of Homeland
Security and Emergency Management + } rules. The drills must
include familiarization with routes and methods of exiting the
building and methods of 'duck, cover and hold' during an
earthquake. The employer shall conduct the drills annually during
the month of April. The { - Office of Emergency Management - }
{ + office + } may, by rule or on application, grant exemptions
from the drill requirement for good cause.
SECTION 43. ORS 401.546 is amended to read:
401.546. The { - Office of Emergency Management - } { +
Office of Homeland Security and Emergency Management + }, in
consultation with the State Department of Geology and Mineral
Industries, shall adopt rules governing the conduct of earthquake
emergency drills required by ORS 401.538 and 401.543. In addition
to the office submitting the rules for publication pursuant to
ORS 183.360, the office and the department shall each post the
rules on an electronic bulletin board, home page or similar site.
SECTION 44. ORS 401.550 is amended to read:
401.550. The Director of the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + } shall appoint a Search and Rescue Coordinator to:
(1) Coordinate the search and rescue function of the
{ - Office of Emergency Management - } { + Office of Homeland
Security and Emergency Management + };
(2) Coordinate the activities of state and federal agencies
involved in search and rescue;
(3) Establish liaison with the Oregon State Sheriffs'
Association and other public and private organizations and
agencies involved in search and rescue;
(4) Provide on-scene search and rescue coordination when
requested by an authorized person;
(5) Coordinate and process requests for the use of emergency
service workers and equipment;
(6) Assist in developing training and outdoor education
programs;
(7) Gather statistics in search and rescue operations; and
(8) Gather and disseminate resource information of personnel,
equipment and materials available for search and rescue.
SECTION 45. ORS 401.555 is amended to read:
401.555. The { - Office of Emergency Management of the
Department of State Police - } { + Office of Homeland Security
and Emergency Management + } 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 - } { + Office of Homeland Security and Emergency
Management + }.
SECTION 46. ORS 401.560 is amended to read:
401.560. (1) The sheriff of each county has the responsibility
for search and rescue activities within the county. The duty of
a sheriff under this subsection may be delegated to a qualified
deputy or emergency service worker.
(2) If the sheriff does not accept the responsibility for
search and rescue activities, the chief executive of the county
shall designate the county emergency program manager to perform
the duties and responsibilities required under ORS 401.015 to
401.105, 401.260 to 401.325 and 401.355 to 401.580.
(3) The sheriff or authorized person of each county shall
notify the { - Office of Emergency Management - } { + Office
of Homeland Security and Emergency Management + } of each search
and rescue in the county and shall request the assignment of
incident numbers therefor.
(4) The sheriff or authorized person of each county shall work
with the county emergency program manager in coordinating search
and rescue activities in the county of the sheriff and in
registering emergency service workers.
SECTION 47. ORS 401.573 is amended to read:
401.573. (1) The sheriff of each county shall adopt a search
and rescue plan for the county. The search and rescue plan shall
set forth search and rescue policies for the county and shall
describe procedures for implementing those policies. A county
search and rescue plan shall list and describe materials,
equipment and personnel available within the county for search
and rescue incidents. The plan shall also include:
(a) A detailed description of activities and circumstances that
constitute search and rescue in the county.
(b) Identification of volunteer organizations available to the
county for use for search and rescue.
(c) Procedures for contacting and requesting assistance from
volunteer organizations during search and rescue activities.
(d) Procedures for contacting and requesting available
assistance from other agencies and groups.
(e) Minimum standards for individuals whose technical or
professional skills may be required for search and rescue.
(2) A county search and rescue plan adopted under this section
shall require a person in charge of a search and rescue to
complete a fact sheet for the incident. The fact sheet shall
contain the incident number assigned under ORS 401.580 for search
and rescue and such other information required under the search
and rescue plan of the county.
(3) The sheriff of each county shall review and, if necessary
or desirable, revise the search and rescue plan annually. After
the initial adoption of a search and rescue plan under this
section and after each annual review or revision of the plan, the
sheriff shall submit the plan to the Search and Rescue
Coordinator appointed under ORS 401.550.
(4) The { - Office of Emergency Management - } { + Office
of Homeland Security and Emergency Management + }, after
consultation with the Oregon State Sheriffs' Association, may
establish guidelines for county search and rescue plans.
(5) The { - Office of Emergency Management - }
{ + office + } shall annually publish and distribute to the
sheriff of each county a search and rescue resource inventory,
which shall include materials, equipment and personnel available
from counties, agencies and the State of Oregon for use in search
and rescue incidents.
SECTION 48. ORS 401.576 is amended to read:
401.576. After a search and rescue that, in the opinion of the
sheriff, is other than routine or upon request for a critique
from an individual directly involved in the incident, the sheriff
of the county in which the search and rescue took place shall
conduct a critique of the incident. As part of the critique, the
sheriff shall examine the search and rescue report and may
receive testimony and information from persons involved in the
incident. When a critique of a search and rescue is conducted
under this section, the sheriff shall prepare findings of fact
concerning the search and rescue and may prepare recommendations
for the conduct of future incidents or propose amendments to the
search and rescue plan under which the search and rescue was
conducted. If amendments to the search and rescue plan are
proposed and adopted, the sheriff shall file the amended search
and rescue plan with the
{ - Office of Emergency Management - } { + Office of Homeland
Security and Emergency Management + }.
SECTION 49. ORS 401.654 is amended to read:
401.654. (1) The Department of Human Services may establish a
registry of emergency health care providers who are available to
provide health care services during an emergency or crisis. The
department may require training related to the provision of
health care services in an emergency or crisis as a condition of
registration.
(2) The department shall issue identification cards to health
care providers included in the registry established under this
section that:
(a) Identify the health care provider;
(b) Indicate that the health care provider is registered as an
Oregon emergency health care provider;
(c) Identify the license or certification held by the health
care provider; and
(d) Identify the health care provider's usual area of practice
if that information is available and the department determines
that it is appropriate to provide that information.
(3) The department by rule shall establish a form for
identification cards issued under subsection (2) of this section.
(4) The department shall support and provide assistance to the
{ - Office of Emergency Management - } { + Office of Homeland
Security and Emergency Management + } in emergencies or crises
involving the public health or requiring emergency medical
response.
SECTION 50. 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 51. ORS 401.730 is amended to read:
401.730. (1) The { - Office of Emergency Management - }
{ + Office of Homeland Security and Emergency Management + }
shall:
(a) Adopt rules in accordance with ORS chapter 183 relating to
the planning, administration and funding of 9-1-1 emergency
reporting systems established pursuant to ORS 401.720.
(b) Upon request of a 9-1-1 jurisdiction, local government or
governing body, assist in planning 9-1-1 emergency reporting
systems. In addition, the office may at the request of a 9-1-1
jurisdiction act as an agent of the 9-1-1 jurisdiction for the
purposes of purchasing and maintaining equipment and services
required to fulfill the requirements of ORS 401.720.
(c) Report biennially to the Legislative Assembly the progress
made in implementing ORS 305.823 and 401.710 to 401.816. The
report shall include financial information concerning all
revenues collected, distributed and expended by state agencies
and 9-1-1 jurisdictions, and all account and subaccount balances,
for the purposes of complying with ORS 401.710 to 401.816.
(2) Notwithstanding subsection (1) of this section, the office
{ - shall - } { + may + } not require by rule or otherwise
that the proposed or established 9-1-1 emergency reporting system
of a 9-1-1 jurisdiction meet any technical standards in addition
to those provided in ORS 401.720.
(3) The office may establish advisory committees and study
groups to study and advise on the planning and administration of
9-1-1 emergency reporting systems, multijurisdictional 9-1-1
emergency reporting systems and issues impacting 9-1-1 emergency
reporting systems throughout the state.
SECTION 52. ORS 401.735 is amended to read:
401.735. (1) The { - Office of Emergency Management - } { +
Office of Homeland Security and Emergency Management + }, by
rule, shall adopt minimum standards for public safety
telecommunications personnel, including but not limited to
emergency telephone workers, as defined in ORS 243.736. In
developing the standards, the office shall address the necessary
multiagency support, coordination, planning, administration and
ongoing maintenance of a certification program which includes
testing to determine whether workers subject to the standards are
in compliance.
(2) The standards referred to in subsection (1) of this section
shall not become operative until the Board on Public Safety
Standards and Training determines that there has been an adequate
personnel training period to permit compliance with the
standards.
(3) The Board on Public Safety Standards and Training shall
develop a recommended training program and a plan for
implementing the training program to provide workers that are
subject to the minimum standards referred to in subsection (1) of
this section with the training necessary to comply with the
standards. The implementation plan shall address the cost
considerations of the training program both to state and local
government agencies whose workers are subject to the minimum
standards.
SECTION 53. ORS 401.755 is amended to read:
401.755. (1) Each 9-1-1 jurisdiction shall submit to the
{ - Office of Emergency Management - } { + Office of Homeland
Security and Emergency Management + } in writing within 30 days
any change made to the 9-1-1 emergency telephone system which
alters the final plan or system description on file with the
office. Such changes may include { + , + } but are not limited
to, the address of the public safety answering point, telephone
numbers used to satisfy requirements set forth in ORS 401.720,
director changes, agencies served by the 9-1-1 jurisdiction and
method used to direct the 9-1-1 call once received by the primary
public safety answering point.
(2) If an established 9-1-1 jurisdiction proposes to move its
9-1-1 emergency reporting system from one public safety answering
point to another or a governing body proposes to establish a new
9-1-1 jurisdiction with a new primary public safety answering
point and if either of these proposals will result in control of
the 9-1-1 emergency reporting system by an agency or agencies
other than as identified in the final plan approved by the office
under ORS 401.750 (1987 Replacement Part), section 7, chapter
743, Oregon Laws 1991, or the system description filed with the
office under ORS 401.750 (5) (1987 Replacement Part), the 9-1-1
jurisdiction or governing body shall submit a plan setting forth
these changes to:
(a) The { - Office of Emergency Management - } { +
office + };
(b) Public and private safety agencies in the 9-1-1 service
area; and
(c) Utilities which provide telephone service in the 9-1-1
service area.
(3) In addition to meeting the requirements of ORS 401.720 and
rules adopted pursuant to ORS 401.730, the plan shall include a
description of all capital and recurring costs for the proposed
9-1-1 emergency reporting system.
(4) The office shall review the revised plan for compliance
with this section, ORS 401.720 and rules adopted pursuant to ORS
401.730 and, if the office determines that the plan is in
compliance, the office shall approve the plan.
(5) The office { - shall - } { + may + } not approve a plan
submitted under this section unless the plan is accompanied by
written approval of the governing bodies of all public and
private safety agencies affected by or providing service in the
9-1-1 service area.
SECTION 54. 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 - } { + Office of Homeland Security and
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 Homeland
Security and 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 55. ORS 401.790 is amended to read:
401.790. (1) The { - Office of Emergency Management - }
{ + Office of Homeland Security and Emergency Management + } may
institute proceedings against a public or private safety agency,
a 9-1-1 jurisdiction or other person to compel compliance with or
to restrain further violation of ORS 305.823 and 401.710 to
401.816 or rules adopted pursuant to ORS 401.730.
(2) Proceedings authorized by subsection (1) of this section
may be instituted without office notice, hearing or order
provided in ORS chapter 183; provided, however, that proceedings
brought against a telecommunications utility shall be brought
before the Public Utility Commission as provided by ORS chapter
756.
SECTION 56. ORS 401.806 is amended to read:
401.806. (1) The Emergency Communications Account is
established separate and distinct from the General Fund in the
State Treasury. All moneys received by the Department of Revenue
pursuant to ORS 401.792 to 401.804 and interest thereon shall be
paid to the State Treasurer to be held in a suspense account
established under ORS 293.445. After payment of refunds, the
balance of the moneys received shall be paid into the State
Treasury and credited to the Emergency Communications Account.
All earnings on investment of moneys in the Emergency
Communications Account shall accrue to that account. All moneys
in the account are appropriated continuously to the { - Office
of Emergency Management - } { + Office of Homeland Security and
Emergency Management + } and shall be used for the purposes
described in ORS 401.808.
(2) The Enhanced 9-1-1 Subaccount is established as a
subaccount of the Emergency Communications Account. Thirty-five
percent of the amount in the Emergency Communications Account on
the date of distribution shall be credited to the Enhanced 9-1-1
Subaccount. All moneys in the account are continuously
appropriated to the { - Office of Emergency Management - }
{ + Office of Homeland Security and Emergency Management + } and
shall be used for the purposes described in ORS 401.808 (3), (4)
and (5).
(3) The Enhanced 9-1-1 Equipment Replacement Subaccount is
established as a subaccount of the Emergency Communications
Account. Two and one-half percent of the amount in the Emergency
Communications Account shall be credited to the Enhanced 9-1-1
Equipment Replacement Subaccount. All moneys in the account are
continuously appropriated to the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + } and shall be used for the purposes described in
ORS 401.808 (7).
SECTION 57. ORS 401.808 is amended to read:
401.808. The { - Office of Emergency Management - }
{ + Office of Homeland Security and Emergency Management + }
shall distribute quarterly the entire amount of the moneys in the
Emergency Communications Account beginning in June 1982. The
office shall pay the following amounts from the account:
(1) Administrative costs incurred during the preceding calendar
quarter by the Department of Revenue in carrying out ORS 401.792
to 401.804. The amount paid to the department shall not exceed
one-half of one percent of the amount in the account on the date
of distribution, or actual expenses incurred by the department,
whichever is less.
(2) Administrative costs incurred during the preceding calendar
quarter by the { - Office of Emergency Management - }
{ + Office of Homeland Security and Emergency Management + } in
carrying out its duties under ORS 305.823 and 401.710 to 401.816.
The amount paid to the office shall not exceed four percent of
the amount in the account on the date of distribution, or actual
expenses incurred by the office, whichever is less. The office
may provide funding under this subsection for the Oregon
Emergency Response System in an amount not to exceed 15 percent
of the legislatively approved budget for the Oregon Emergency
Response System. Funding provided to the Oregon Emergency
Response System under this subsection shall be in the manner
prescribed by the office and shall be subject to the availability
of funds for such funding.
(3) Funds in the Enhanced 9-1-1 Subaccount shall be used to pay
for costs incurred during the preceding calendar quarter for
enhanced 9-1-1 telephone service established pursuant to ORS
401.720. Enhanced 9-1-1 subaccount funds shall not be disbursed
to a 9-1-1 jurisdiction which does not have an approved final
plan as required in section 7, chapter 743, Oregon Laws 1991.
Payments shall be made only after a reimbursement request has
been submitted to the { - Office of Emergency Management - }
{ + office + } in the manner prescribed by the office.
Reimbursement requests for recurring and nonrecurring charges
necessary to enable the 9-1-1 jurisdiction to comply with ORS
401.720 shall be submitted directly to the { - Office of
Emergency Management - } { + office + }. The costs payable
under this section are only those incurred for:
(a) Modification of central office switching and trunking
equipment;
(b) Network development, operation and maintenance;
(c) Database development, operation and maintenance;
(d) On-premises equipment procurement, maintenance and
replacement;
(e) Conversion of pay station telephones required by ORS
401.770;
(f) Collection of the tax imposed by ORS 401.792 to 401.804;
and
(g) Addressing if the reimbursement request is consistent with
rules adopted by the office.
(4) 9-1-1 jurisdictions who have enhanced 9-1-1 telephone
service operational prior to December 31, 1991, shall receive
funding based on cost information provided in their final plan
required in section 7, chapter 743, Oregon Laws 1991. Plans
submitted which meet the minimum requirements set forth in ORS
401.720 (2) and (4) shall be approved. Funding for costs incurred
prior to the preceding calendar quarter shall be limited to
charges associated with database development, network and
on-premises equipment which satisfy the requirements of ORS
401.720 (2) and (4). Funding under this section shall be in the
manner prescribed by the office and subject to the availability
of funds therefor.
(5) 9-1-1 jurisdictions may use funds distributed to the
jurisdiction from any account described in ORS 401.806 to repay
loans from the Special Public Works Fund if the loans were used
for purposes that are allowable under ORS 401.710 to 401.816.
(6) Any amounts remaining in the Enhanced 9-1-1 Subaccount
shall be retained by the { - Office of Emergency Management - }
{ + office + } and may be distributed in any subsequent quarter
for those purposes set forth in subsections (3), (4) and (5) of
this section.
(7) The Enhanced 9-1-1 Equipment Replacement Subaccount shall
be used by the { - Office of Emergency Management - }
{ + office + } to provide funds to replace and upgrade equipment
to carry out the provisions of ORS 401.710 to 401.816. If at any
time unexpended and unobligated balances in the subaccount exceed
$500,000, such excess amount shall be transferred and credited to
the Emergency Communications Account and shall be used for the
purposes otherwise provided by law.
(8) The office shall review reimbursement requests for
modification of central office switching and trunking equipment,
conversion of pay station telephones, and network development,
operation and maintenance costs necessary to comply with ORS
401.720 for the appropriateness of the costs claimed. The office
shall approve or disapprove the reimbursement requests.
(9) The office shall review reimbursement requests for database
development, operation and maintenance, and on-premises equipment
procurement, maintenance and replacement costs necessary to
comply with ORS 401.720 for the appropriateness of the costs
claimed.
(10) After all amounts under subsections (1) and (2) of this
section and ORS 401.806 (2) and (3) have been paid, the balance
of the Emergency Communications Account shall be distributed to
cities on a per capita basis and to counties on a per capita
basis of each county's unincorporated area, for distribution to
9-1-1 jurisdictions within the city or county, but each county
shall receive a minimum of one percent of the balance of the
account after the amounts under subsections (1) and (2) of this
section and ORS 401.806 (2) and (3) have been paid. A 9-1-1
jurisdiction whose 9-1-1 service area includes more than one city
or county shall receive funds from each city or county involved.
(11) Notwithstanding subsection (10) of this section, a city or
county may have its quarterly distribution made payable and sent
to the 9-1-1 jurisdiction responsible for providing the services
required in ORS 401.720.
(12) 9-1-1 jurisdictions shall submit an accounting report to
the office annually. The report shall be provided in the manner
prescribed by the office, and shall include but not be limited
to:
(a) Funds received and expended under subsection (10) or (11)
of this section for the purposes of fulfilling the requirements
of ORS 401.720;
(b) Local funds received and expended for the purposes of
fulfilling the requirements of ORS 401.720; and
(c) Local funds received and expended for the purposes of
providing emergency communications services.
SECTION 58. ORS 401.816 is amended to read:
401.816. (1) The Director of the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + } shall establish by administrative rule the minimum
standards for a primary public safety answering point.
(2) If a primary public safety answering point does not meet
the minimum standards established under subsection (1) of this
section within 45 days after receipt of written notice from the
{ - Office of Emergency Management - } { + Office of Homeland
Security and Emergency Management + }, the office shall designate
an alternate primary public safety answering point that meets the
minimum standards and cause calls to be rerouted to the
designated primary public safety answering point.
SECTION 59. ORS 401.861 is amended to read:
401.861. (1) As used in this section:
(a) 'Transient lodging facility' means a hotel, motel, inn,
condominium, any other dwelling unit or a public or private park
that is made available for transient occupancy or vacation
occupancy as those terms are defined in ORS 90.100.
(b) 'Tsunami inundation zone' means an area of expected tsunami
inundation, based on scientific evidence that may include
geologic field data and tsunami modeling, determined by the
governing board of the State Department of Geology and Mineral
Industries, by rule, as required by ORS 455.446 (1)(b) and (c).
(2) The { - Office of Emergency Management - } { + Office
of Homeland Security and Emergency Management + }, in
consultation and cooperation with the State Department of Geology
and Mineral Industries, shall:
(a) Develop and adopt by rule tsunami warning information and
evacuation plans for distribution to transient lodging facilities
located in a tsunami inundation zone; and
(b) Facilitate and encourage broad distribution of the tsunami
warning information and evacuation plans to transient lodging
facilities and other locations within tsunami inundation zones
frequented by visitors to the area.
(3) The office is not required to carry out the duties assigned
under subsection (2) of this section if sufficient moneys are not
available under ORS 401.864.
SECTION 60. ORS 401.863 is amended to read:
401.863. (1) The { - Office of Emergency Management - } { +
Office of Homeland Security and Emergency Management + }, in
consultation with the State Department of Geology and Mineral
Industries, shall establish by rule a uniform tsunami warning
signal, including rules specifying the type, duration and volume
of the warning signal and the location of warning signal delivery
devices, for use on the Oregon coast.
(2) The office is not required to carry out the duties assigned
under subsection (1) of this section if sufficient moneys are not
available under ORS 401.864.
SECTION 61. ORS 401.864 is amended to read:
401.864. The { - Office of Emergency Management - }
{ + Office of Homeland Security and Emergency Management + } or
the State Department of Geology and Mineral Industries may seek
and accept gifts, grants and donations from any source to finance
all or part of the duties assigned under ORS 401.861 and 401.863.
SECTION 62. 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 - } { + Office of Homeland Security and 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 63. 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 Oregon Interoperable Communication Plan. The
goal of the plan shall be to achieve statewide interoperability
within six years of September 2, 2005. In developing the plan,
the council shall:
(a) Recommend strategies to improve wireless interoperability
among state and local public safety agencies;
(b) Develop standards to promote consistent development of
existing and future wireless communications infrastructures;
(c) Identify immediate short-term technological and policy
solutions to tie existing wireless communications infrastructures
together into an interoperable communications system;
(d) Develop long-term technological and policy recommendations
to establish a statewide public safety radio system to improve
emergency response and day-to-day public safety operations; and
(e) Develop recommendations for legislation and for the
development of state and local policies to promote wireless
interoperability in Oregon.
(3) Approve, subject to approval by the { - Director of the
Office of Emergency Management - } { + Superintendent of State
Police + }, investments by the State of Oregon in public safety
communications systems.
(4) Coordinate state and local activities related to obtaining
federal grants for support of interoperability.
(5) Develop and provide technical assistance, training and, if
requested, appropriate dispute resolution services to state and
local agencies responsible for implementation of the Oregon
Interoperable Communication Plan.
(6) Report, in the manner required by ORS 192.245, to the
Legislative Assembly on or before February 1 of each odd-numbered
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 64. 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 65. ORS 401.881 is amended to read:
401.881. (1) The Oregon Homeland Security Council is created
within the { - Office of Emergency Management - } { + Office
of Homeland Security and Emergency Management + }. The council
shall:
(a) Receive briefings on security matters for which the office
is responsible at least annually from state agencies and
organizations as determined by the council; and
(b) Advise state agencies with responsibility for security
matters on the future direction of the office's planning,
preparedness, response and recovery activities.
(2) The membership of the council shall consist of:
(a) Four members from the Legislative Assembly appointed as
follows:
(A) Two members from the Senate appointed by the President of
the Senate; and
(B) Two members from the House of Representatives appointed by
the Speaker of the House of Representatives;
(b) The Governor;
(c) The Adjutant General;
(d) The Superintendent of State Police;
(e) The Director of the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + }; and
(f) Additional members appointed by the Governor who the
Governor determines necessary to fulfill the functions of the
council, including state agency heads, elected state officials,
local government officials, a member of the governing body of an
Indian tribe and representatives from the private sector.
(3) Each member appointed to the council under subsection
(2)(a) and (f) of this section serves at the pleasure of the
appointing authority. The membership of a public official ceases
upon termination of the office held by the official at the time
of appointment to the council.
(4) The Governor shall be chairperson of the council.
(5) Members of the council are not entitled to compensation
but, at the discretion of the director, may be reimbursed, in the
manner and amount provided in ORS 292.495, from funds available
to the office for actual and necessary travel and other expenses
incurred in the performance of their duties as members of the
council.
SECTION 66. ORS 182.122 is amended to read:
182.122. (1) As used in this section:
(a) 'Executive department' has the meaning given that term in
ORS 174.112.
(b) 'Information systems' means computers, hardware, software,
storage media, networks, operational procedures and processes
used in the collection, processing, storage, sharing or
distribution of information within, or with any access beyond
ordinary public access to, the state's shared computing and
network infrastructure.
(2) The Oregon Department of Administrative Services has
responsibility for and authority over information systems
security in the executive department, including taking all
measures reasonably necessary to protect the availability,
integrity or confidentiality of information systems or the
information stored in information systems. The Oregon Department
of Administrative Services shall, after consultation and
collaborative development with agencies, establish a state
information systems security plan and associated standards,
policies and procedures.
(3) The Oregon Department of Administrative Services, in its
sole discretion, shall:
(a) Review and verify the security of information systems
operated by or on behalf of agencies;
(b) Monitor state network traffic to identify and react to
security threats; and
(c) Conduct vulnerability assessments of agency information
systems for the purpose of evaluating and responding to the
susceptibility of information systems to attack, disruption or
any other event that threatens the availability, integrity or
confidentiality of information systems or the information stored
in information systems.
(4) The Oregon Department of Administrative Services shall
contract with qualified, independent consultants for the purpose
of conducting vulnerability assessments under subsection (3) of
this section.
(5) In collaboration with agencies, the Oregon Department of
Administrative Services shall develop and implement policies for
responding to events that damage or threaten the availability,
integrity or confidentiality of information systems or the
information stored in information systems, whether those systems
are within, interoperable with or outside the state's shared
computing and network infrastructure. In the policies, the
department shall prescribe actions reasonably necessary to:
(a) Promptly assemble and deploy in a coordinated manner the
expertise, tools and methodologies required to prevent or
mitigate the damage caused or threatened by an event;
(b) Promptly alert other persons of the event and of the
actions reasonably necessary to prevent or mitigate the damage
caused or threatened by the event;
(c) Implement forensic techniques and controls developed under
subsection (6) of this section;
(d) Evaluate the event for the purpose of possible improvements
to the security of information systems; and
(e) Communicate and share information with agencies, using
preexisting incident response capabilities.
(6) After consultation and collaborative development with
agencies, the Oregon Department of Administrative Services shall
implement forensic techniques and controls for the security of
information systems, whether those systems are within,
interoperable with or outside the state's shared computing and
network infrastructure. The techniques and controls must include
the use of specialized expertise, tools and methodologies, to
investigate events that damage or threaten the availability,
integrity or confidentiality of information systems or the
information stored in information systems. The department shall
consult with the Oregon State Police, the { - Office of
Emergency Management - } { + Office of Homeland Security and
Emergency Management + }, the Governor and others as necessary in
developing forensic techniques and controls under this section.
(7) The Oregon Department of Administrative Services shall
ensure that reasonably appropriate remedial actions are
undertaken when the department finds that such actions are
reasonably necessary by reason of vulnerability assessments of
information systems under subsection (3) of this section,
evaluation of events under subsection (5) of this section and
other evaluations and audits.
(8)(a) Agencies are responsible for the security of computers,
hardware, software, storage media, networks, operational
procedures and processes used in the collection, processing,
storage, sharing or distribution of information outside the
state's shared computing and network infrastructure following
information security standards, policies and procedures
established by the Oregon Department of Administrative Services
and developed collaboratively with agencies. Agencies may
establish plans, standards and measures that are more stringent
than the standards established by the department to address
specific agency needs if those plans, standards and measures do
not contradict or contravene the state information systems
security plan. Independent agency security plans shall be
developed within the framework of the state information systems
security plan.
(b) An agency shall report the results of any vulnerability
assessment, evaluation or audit conducted by the agency to the
department for the purposes of consolidating statewide security
reporting and, when appropriate, to prompt a state incident
response.
(9) This section does not apply to:
(a) Research and student computer systems used by or in
conjunction with the State Board of Higher Education or any state
institution of higher education within the Oregon University
System; and
(b)(A) Gaming systems and networks operated by the Oregon State
Lottery or its contractors; or
(B) The results of Oregon State Lottery reviews, evaluations
and vulnerability assessments of computer systems outside the
state's shared computing and network infrastructure.
(10) The Oregon Department of Administrative Services shall
adopt rules to carry out its responsibilities under this section.
SECTION 67. 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 - } { + Office of Homeland Security and
Emergency Management + } 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 68. ORS 286.760 is amended to read:
286.760. As used in ORS 286.760 to 286.772, unless the context
requires otherwise:
(1) 'Article XI-M bonds' means general obligation bonds or
other general obligation indebtedness issued or incurred under
the authority of Article XI-M of the Oregon Constitution.
(2) 'Bond administration fund' means the Article XI-M Bond
Administration Fund established under ORS 286.766.
(3) 'Bond fund' means the Article XI-M Bond Fund established
under ORS 286.764.
(4) 'Bond-related costs' means:
(a) The costs of paying the principal of, the interest on and
the premium, if any, on Article XI-M bonds;
(b) The costs and expenses of issuing, administering and
maintaining Article XI-M bonds including, but not limited to,
redeeming Article XI-M bonds and paying amounts due in connection
with bond insurance, other credit enhancements or the
administrative costs and expenses of the State Treasurer and the
Oregon Department of Administrative Services, including costs of
consultants or advisers retained by the State Treasurer or the
department for the purpose of issuing, administering or
maintaining Article XI-M bonds;
(c) Capitalized interest on Article XI-M bonds;
(d) Costs of funding reserves for Article XI-M bonds, including
costs of surety bonds and similar instruments;
(e) Rebates or penalties due the United States Government in
connection with Article XI-M bonds; and
(f) Other costs or expenses that the Director of the Oregon
Department of Administrative Services determines are necessary or
desirable in connection with issuing, administering or
maintaining Article XI-M bonds.
(5) 'Seismic fund' means the Education Seismic Fund established
under ORS 286.768.
(6) 'State share of costs' means the total costs and related
expenses of the seismic rehabilitation of public education
buildings, minus contributions for seismic rehabilitation from
the applicants as required by the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + }.
SECTION 69. ORS 286.762 is amended to read:
286.762. (1) Article XI-M bonds are a general obligation of the
State of Oregon and must contain a direct promise on behalf of
the State of Oregon to pay the principal of, the interest on and
the premium, if any, on the Article XI-M bonds. The State of
Oregon shall pledge its full faith and credit and taxing power to
pay Article XI-M bonds, except that the ad valorem taxing power
of the State of Oregon may not be pledged to pay Article XI-M
bonds.
(2) The State Treasurer, with the concurrence of the Director
of the Oregon Department of Administrative Services, may issue
Article XI-M bonds:
(a) Subject to the limit on bond issuance established for the
particular biennium in ORS 286.505 to 286.545 and at the request
of the Director of the { - Office of Emergency Management - }
{ + Office of Homeland Security and Emergency Management + },
for the purpose of financing all or a portion of the state share
of costs to plan and implement seismic rehabilitation of public
education buildings in the amount of the state share of costs,
plus an amount determined by the State Treasurer to pay estimated
bond-related costs.
(b) To refund Article XI-M bonds. The amount of Article XI-M
bonds issued under this paragraph may not exceed the estimated
costs of paying, redeeming or defeasing the refunded bonds, plus
an amount determined by the State Treasurer to pay estimated
bond-related costs.
(3) The State Treasurer shall transfer the net proceeds of
Article XI-M bonds issued for the purpose described in subsection
(2)(a) of this section to the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + } for deposit in the Education Seismic Fund
established under ORS 286.768.
SECTION 70. ORS 286.766 is amended to read:
286.766. (1) The Article XI-M Bond Administration Fund is
established in the State Treasury, separate and distinct from the
General Fund. Amounts in the bond administration fund may be
invested as provided in ORS 293.701 to 293.820, and interest
earned on the bond administration fund must be credited to the
bond administration fund. Amounts credited to the bond
administration fund are continuously appropriated to the Oregon
Department of Administrative Services for payment of bond-related
costs. The department shall credit to the bond administration
fund:
(a) Proceeds of Article XI-M bonds that were issued to pay
bond-related costs;
(b) Amounts appropriated or otherwise provided by the
Legislative Assembly for deposit in the bond administration fund;
and
(c) Amounts transferred from the Education Seismic Fund by the
{ - Office of Emergency Management - } { + Office of Homeland
Security and Emergency Management + } as provided in ORS 286.768.
(2) The department may create separate accounts in the bond
administration fund.
SECTION 71. ORS 286.768 is amended to read:
286.768. (1) The Education Seismic Fund is established in the
State Treasury, separate and distinct from the General Fund.
Amounts in the seismic fund may be invested as provided in ORS
293.701 to 293.820, and interest earned on the seismic fund must
be credited to the seismic fund. Amounts credited to the seismic
fund are continuously appropriated to the { - Office of
Emergency Management - } { + Office of Homeland Security and
Emergency Management + } for the purpose described in ORS 286.762
(2)(a) and for the purpose of paying bond-related costs. The
office shall deposit in the seismic fund:
(a) The net proceeds of Article XI-M bonds transferred pursuant
to ORS 286.762 (3);
(b) Amounts appropriated or otherwise provided by the
Legislative Assembly for deposit in the seismic fund;
(c) Gifts, grants or contributions received by the office for
the purpose described in ORS 286.762 (2)(a); and
(d) Moneys received as repayment of, as a return on or in
exchange for the grant or loan of net proceeds of Article XI-M
bonds.
(2) The office may create separate accounts in the seismic fund
as appropriate for the management of moneys in the seismic fund.
(3) The office and any other state agency or other entity
receiving or holding net proceeds of Article XI-M bonds shall, at
the direction of the Oregon Department of Administrative
Services, take action necessary to maintain the excludability of
interest on Article XI-M bonds from gross income under the
Internal Revenue Code.
(4) The office shall transfer to the Article XI-M Bond
Administration Fund the unexpended and uncommitted amounts
remaining in the seismic fund if:
(a) Unexpended funds that are not contractually committed to a
particular purpose remain in the seismic fund on the last day of
the biennium; and
(b) Article XI-M bonds will be outstanding in the next
biennium.
(5) The office may adopt rules to carry out this section
including, but not limited to, establishing:
(a) Required contributions from applicants;
(b) Fees;
(c) Standards, terms and conditions under which moneys in the
seismic fund may be granted, loaned or otherwise made available;
and
(d) Procedures for distributing and monitoring the use of
moneys from the seismic fund.
SECTION 72. ORS 286.780 is amended to read:
286.780. As used in ORS 286.780 to 286.792, unless the context
requires otherwise:
(1) 'Article XI-N bonds' means general obligation bonds or
other general obligation indebtedness issued or incurred under
the authority of Article XI-N of the Oregon Constitution.
(2) 'Bond administration fund' means the Article XI-N Bond
Administration Fund established under ORS 286.786.
(3) 'Bond fund' means the Article XI-N Bond Fund established
under ORS 286.784.
(4) 'Bond-related costs' means:
(a) The costs of paying the principal of, the interest on and
the premium, if any, on Article XI-N bonds;
(b) The costs and expenses of issuing, administering and
maintaining Article XI-N bonds including, but not limited to,
redeeming Article XI-N bonds and paying amounts due in connection
with bond insurance, other credit enhancements or the
administrative costs and expenses of the State Treasurer and the
Oregon Department of Administrative Services, including costs of
consultants or advisers retained by the State Treasurer or the
department for the purpose of issuing, administering or
maintaining Article XI-N bonds;
(c) Capitalized interest on Article XI-N bonds;
(d) Costs of funding reserves for Article XI-N bonds, including
costs of surety bonds and similar instruments;
(e) Rebates or penalties due the United States Government in
connection with Article XI-N bonds; and
(f) Other costs or expenses that the Director of the Oregon
Department of Administrative Services determines are necessary or
desirable in connection with issuing, administering or
maintaining Article XI-N bonds.
(5) 'Seismic fund' means the Emergency Services Seismic Fund
established under ORS 286.788.
(6) 'State share of costs' means the total costs and related
expenses of the seismic rehabilitation of emergency services
buildings, minus contributions for seismic rehabilitation from
the applicants as required by the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + }.
SECTION 73. ORS 286.782 is amended to read:
286.782. (1) Article XI-N bonds are a general obligation of the
State of Oregon and must contain a direct promise on behalf of
the State of Oregon to pay the principal of, the interest on and
the premium, if any, on the Article XI-N bonds. The State of
Oregon shall pledge its full faith and credit and taxing power to
pay Article XI-N bonds, except that the ad valorem taxing power
of the State of Oregon may not be pledged to pay Article XI-N
bonds.
(2) The State Treasurer, with the concurrence of the Director
of the Oregon Department of Administrative Services, may issue
Article XI-N bonds:
(a) Subject to the limit on bond issuance established for the
particular biennium in ORS 286.505 to 286.545 and at the request
of the Director of the { - Office of Emergency Management - }
{ + Office of Homeland Security and Emergency Management + },
for the purpose of financing all or a portion of the state share
of costs to plan and implement seismic rehabilitation of
emergency services buildings in the amount of the state share of
costs, plus an amount determined by the State Treasurer to pay
estimated bond-related costs.
(b) To refund Article XI-N bonds. The amount of Article XI-N
bonds issued under this paragraph may not exceed the estimated
costs of paying, redeeming or defeasing the refunded bonds, plus
an amount determined by the State Treasurer to pay estimated
bond-related costs.
(3) The State Treasurer shall transfer the net proceeds of
Article XI-N bonds issued for the purpose described in subsection
(2)(a) of this section to the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + } for deposit in the Emergency Services Seismic Fund
established under ORS 286.788.
SECTION 74. ORS 286.786 is amended to read:
286.786. (1) The Article XI-N Bond Administration Fund is
established in the State Treasury, separate and distinct from the
General Fund. Amounts in the bond administration fund may be
invested as provided in ORS 293.701 to 293.820, and interest
earned on the bond administration fund must be credited to the
bond administration fund. Amounts credited to the bond
administration fund are continuously appropriated to the Oregon
Department of Administrative Services for payment of bond-related
costs. The department shall credit to the bond administration
fund:
(a) Proceeds of Article XI-N bonds that were issued to pay
bond-related costs;
(b) Amounts appropriated or otherwise provided by the
Legislative Assembly for deposit in the bond administration fund;
and
(c) Amounts transferred from the Emergency Services Seismic
Fund by the { - Office of Emergency Management - } { + Office
of Homeland Security and Emergency Management + } as provided in
ORS 286.788.
(2) The department may create separate accounts in the bond
administration fund.
SECTION 75. ORS 286.788 is amended to read:
286.788. (1) The Emergency Services Seismic Fund is established
in the State Treasury, separate and distinct from the General
Fund. Amounts in the seismic fund may be invested as provided in
ORS 293.701 to 293.820, and interest earned on the seismic fund
must be credited to the seismic fund. Amounts credited to the
seismic fund are continuously appropriated to the
{ - Office of Emergency Management - } { + Office of Homeland
Security and Emergency Management + } for the purpose described
in ORS 286.782 (2)(a) and for the purpose of paying bond-related
costs. The office shall deposit in the seismic fund:
(a) The net proceeds of Article XI-N bonds transferred pursuant
to ORS 286.782 (3);
(b) Amounts appropriated or otherwise provided by the
Legislative Assembly for deposit in the seismic fund;
(c) Gifts, grants or contributions received by the office for
the purpose described in ORS 286.782 (2)(a); and
(d) Moneys received as repayment of, as a return on or in
exchange for the grant or loan of net proceeds of Article XI-N
bonds.
(2) The office may create separate accounts in the seismic fund
as appropriate for the management of moneys in the seismic fund.
(3) The office and any other state agency or other entity
receiving or holding net proceeds of Article XI-N bonds shall, at
the direction of the Oregon Department of Administrative
Services, take action necessary to maintain the excludability of
interest on Article XI-N bonds from gross income under the
Internal Revenue Code.
(4) The office shall transfer to the Article XI-N Bond
Administration Fund the unexpended and uncommitted amounts
remaining in the seismic fund if:
(a) Unexpended funds that are not contractually committed to a
particular purpose remain in the seismic fund on the last day of
the biennium; and
(b) Article XI-N bonds will be outstanding in the next
biennium.
(5) The office may adopt rules to carry out this section
including, but not limited to, establishing:
(a) Required contributions from applicants;
(b) Fees;
(c) Standards, terms and conditions under which moneys in the
seismic fund may be granted, loaned or otherwise made available;
and
(d) Procedures for distributing and monitoring the use of
moneys from the seismic fund.
SECTION 76. 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 Health Sciences Center at Oregon State
University;
(8) The { - Office of Emergency Management of the Department
of State Police - } { + Office of Homeland Security and
Emergency Management + }; and
(9) Every public library as defined in ORS 357.400.
SECTION 77. Section 1, chapter 763, Oregon Laws 2005, is
amended to read:
{ + Sec. 1. + } (1) The State Department of Geology and
Mineral Industries, in consultation with the Seismic Safety
Policy Advisory Commission, the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + }, the Department of Human Services, the State Board
of Education, the State Board of Higher Education and any grant
committee established pursuant to a statewide grant program for
seismic rehabilitation, shall develop a statewide seismic needs
assessment that includes seismic safety surveys of:
(a) Buildings that have a capacity of 250 or more persons and
are routinely used for student activities by kindergarten through
grade 12 public schools, community colleges and education service
districts;
(b) Hospital buildings that contain an acute inpatient care
facility;
(c) Fire stations; and
(d) Police stations, sheriffs' offices and similar facilities
used by state, county, district and municipal law enforcement
agencies.
(2) The statewide seismic needs assessment shall consist of:
(a) Rapid visual screenings of the buildings specified in this
section, conducted in accordance with the standards for rapid
visual screening procedures established in 'Rapid Visual
Screening of Buildings for Potential Seismic Hazards: A
Handbook,' FEMA-154, 2002 Edition, or an equivalent standard
adopted by the State Department of Geology and Mineral
Industries;
(b) The ranking of the rapid visual screening results in risk
categories based on need, importance of the building to the
community, risk to the building posed by its location, risk posed
to the community by the collapse of the building during a seismic
event, projected cost of the necessary seismic rehabilitation and
other categories determined necessary by the State Department of
Geology and Mineral Industries; and
(c) The development of geographic information system (GIS)
databases of survey data and the sharing of that data with
interested parties.
(3) The statewide seismic needs assessment may include:
(a) Rapid visual screenings conducted by entities or persons
other than the State Department of Geology and Mineral
Industries;
(b) Questionnaires or other information gathering techniques to
supplement the rapid visual screening and aid in the ranking of
rapid visual screening results in risk categories; and
(c) Training for persons interested in conducting rapid visual
screenings.
SECTION 78. ORS 465.505 is amended to read:
465.505. (1) In addition to any other applicable federal or
state law and regulation, the following waste minimization
requirements shall apply to dry cleaning facilities:
(a) All wastes meeting the state and federal criteria for
hazardous waste, excluding wastewater, generated at any dry
cleaning facility and containing dry cleaning solvents, including
residues and filters, shall be managed and disposed of,
regardless of quantity generated, as hazardous wastes in
accordance with federal and state laws otherwise applicable to
management of hazardous wastes, except that, as to the cleanup of
releases of dry cleaning solvents, ORS 465.503 shall apply rather
than ORS 466.205;
(b) Wastewater contaminated with dry cleaning solvents from the
water separation process of dry cleaning machines may not be
discharged into any sanitary sewer or septic tank or into the
waters of this state;
(c) Dry cleaning operators shall manage solvent contaminated
wastewater generated in the water separation process in
accordance with rules adopted by the Environmental Quality
Commission;
(d) A dry cleaning facility may not include operation of
transfer-type dry cleaning equipment using perchloroethylene;
(e) All newly installed dry cleaning systems using
perchloroethylene shall be of the dry-to-dry type and be equipped
with integral refrigerated condensers with an outlet temperature
sensor for the control of perchloroethylene emissions;
(f) All existing dry cleaning systems using perchloroethylene
shall install refrigerated condensers, or an equivalent;
(g) Every dry cleaning facility shall install secondary
containment systems capable of containing dry cleaning solvent
under and around each machine or item of equipment in which any
dry cleaning solvent is used, treated or stored; and
(h) All perchloroethylene dry cleaning solvent shall be
delivered to dry cleaning facilities by means of closed,
direct-coupled delivery systems.
(2) The Department of Environmental Quality may authorize the
use of alternative measures at a dry cleaning facility in lieu of
one or more of the measures described under subsection (1) of
this section upon proof satisfactory to the department that the
alternative measures can provide equivalent protection for public
health and the environment, can achieve equivalent waste
minimization and are consistent with other applicable laws and
regulations.
(3) Every dry cleaning and dry store operator shall provide
annually to the department on forms to be supplied by the
department, information regarding compliance with the waste
minimization requirements set forth in subsection (1) of this
section and any other information as the department considers
necessary for carrying out the purposes of ORS 465.200 and
465.500 to 465.545.
(4) Notwithstanding any law to the contrary, a dry cleaning
operator for a facility having a release of dry cleaning solvents
shall immediately report any release exceeding one pound to the
notification system managed by the { - Office of Emergency
Management - } { + Office of Homeland Security and Emergency
Management + } pursuant to ORS 401.275.
(5) The Environmental Quality Commission shall adopt rules
necessary to implement ORS 465.200 and 465.500 to 465.545,
including but not limited to rules implementing the
recommendations of the advisory group established under ORS
465.507 or requiring the implementation of new waste minimization
technologies.
SECTION 79. 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 - } { + Office of Homeland
Security and Emergency Management + } as soon as that person
knows the spill or release is a reportable quantity.
SECTION 80. ORS 469.533 is amended to read:
469.533. Notwithstanding ORS chapter 401, the State Department
of Energy in cooperation with the Department of Human Services
and the { - Office of Emergency Management - } { + Office of
Homeland Security and Emergency Management + } shall establish
rules for the protection of health and procedures for the
evacuation of people and communities who would be affected by
radiation in the event of an accident or a catastrophe in the
operation of a nuclear power plant or nuclear installation.
SECTION 81. 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 - } { + Office of Homeland Security
and Emergency Management + }.
(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 82. 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 - } { + Office of Homeland Security
and Emergency Management + } 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 - } { + Office of Homeland Security and 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 - } { + Office
of Homeland Security and Emergency Management + } may use money
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 - } { + Office of Homeland
Security and Emergency Management + }.
(b) Regardless of negligence, is the exclusive remedy of a
member of the { - Office of Emergency Management - }
{ + Office of Homeland Security and 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 83. { + ORS 401.260 is repealed. + }
SECTION 84. { + 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. + }
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