Chapter 25 Oregon Laws 2008 Special Session
AN ACT
HB 3608
Relating to emergency management compact; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. (1)
Section 2 (1) of this 2008 Act may be cited as the
(2) Section 2 (2) of
this 2008 Act may be cited as the Regional Emergency Management Advisory
Committee Terms of Reference or as Annex A to the Pacific Northwest Emergency
Management Arrangement.
(3) Section 2 (3) of
this 2008 Act may be cited as the Pacific Northwest Emergency Management
Arrangement Implementing Procedures or as Annex B to the Pacific Northwest
Emergency Management Arrangement.
SECTION 2. The
Governor shall participate on behalf of the State of
(1)
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PACIFIC NORTHWEST EMERGENCY
MANAGEMENT ARRANGEMENT
Article I
Whereas the Pacific
Northwest Emergency Management Arrangement is between the government of the
State of Alaska, the government of the State of Idaho, the government of the
State of Oregon, the government of the State of Washington, the government of
the Province of British Columbia and the Yukon Government hereinafter referred
to collectively as the signatories and separately as a signatory; and
Whereas the signatories
recognize the importance of comprehensive and coordinated civil emergency
preparedness, response and recovery measures for natural and technological
emergencies or disasters and for declared or undeclared hostilities including
enemy attack; and
Whereas the signatories
further recognize the benefits of coordinating their separate emergency preparedness,
response and recovery measures with those of contiguous jurisdictions for those
emergencies, disasters or hostilities affecting or potentially affecting any
one or more of the signatories in the Pacific Northwest; and
Whereas the signatories
further recognize that regionally based emergency preparedness, response and
recovery measures will benefit all jurisdictions within the Pacific Northwest,
and best serve their respective national interests in cooperative and
coordinated emergency preparedness as facilitated by the Consultative Group on
Comprehensive Civil Emergency and Management established in the Agreement
Between the government of the United States of America and the government of
Canada on Cooperation and Comprehensive Civil Emergency Planning and Management
signed at Ottawa, Ontario, Canada on April 28, 1986; now, therefore,
It is hereby agreed by
and between each and all of the signatories hereto as follows:
Article II - Advisory Committee
(1) An advisory
committee named the Western Regional Emergency Management Advisory Committee
(W-REMAC) shall be established which will include one member appointed by each
signatory.
(2) The W-REMAC will be
guided by the agreed-upon Terms of Reference-Annex A.
Article III- Principles of Cooperation
Subject to the laws
of each signatory, the following cooperative principles are to be used as a
guide by the signatories in civil emergency matters that may affect more than
one signatory:
(1) The authorities of
each signatory may seek the advice, cooperation or assistance of any other
signatory in any civil emergency matter.
(2) Nothing in the
arrangement shall derogate from the applicable laws within the jurisdiction of
any signatory. However, the authorities of any signatory may request from the
authorities of any other signatory appropriate alleviation of such laws if
their normal application might lead to delay or difficulty in the rapid
execution of necessary civil emergency measures.
(3) Each signatory will
use its best efforts to facilitate the movement of evacuees, refugees, civil
emergency personnel, equipment or other resources into or across its territory
or to a designated staging area when it is agreed that such movement or staging
will facilitate civil emergency operations by the affected or participating
signatories.
(4) In times of
emergency, each signatory will use its best efforts to ensure that the citizens
or residents of any other signatory present in its territory are provided
emergency health services and emergency social services in a manner no less
favorable than those provided to its own citizens.
(5) Each signatory will
use discretionary power as far as possible to avoid levy of any tax, tariff,
business license or user fees on the services, equipment and supplies of any
other signatory that is engaged in civil emergency activities in the territory
of another signatory and will use its best efforts to encourage local
governments or other jurisdictions within its territory to do likewise.
(6) When civil emergency
personnel, contracted firms or personnel, vehicles, equipment or other services
from any signatory are made available to or are employed to assist any other
signatory, all providing signatories will use best efforts to ensure that
charges, levies or costs for such use or assistance will not exceed those paid
for similar use of such resources within their own territory.
(7) The signatories will
exchange contact lists, warning and notification plans and selected emergency
plans and will call to the attention of their respective local governments and
other jurisdictional authorities in areas adjacent to intersignatory boundaries
the desirability of compatibility of civil emergency plans and the exchange of
contact lists, warning and notification plans and selected emergency plans.
(8) The authority of any
signatory conducting an exercise will ensure that all other signatories are
provided an opportunity to observe, and/or participate in such exercises.
Article IV - Comprehensive Nature
This document is a
comprehensive arrangement on civil emergency planning and management. To this
end and from time to time as necessary, all signatories shall:
(1) Review and exchange
their respective contact lists, warning and notification plans and selected
emergency plans; and
(2) As appropriate,
provide such plans and procedures to local governments and other emergency
agencies within their respective territories.
Article V - Arrangement Not Exclusive
This is not an
exclusive arrangement and shall not prevent or limit other civil emergency
arrangements of any nature between signatories to this arrangement. In the
event of any conflicts between the provisions of this arrangement and any other
arrangement regarding emergency service entered into by two or more states of
the United States that are signatories to this arrangement, the provisions of
that other arrangement shall apply, with respect to the obligations of those
states to each other, and not the conflicting provisions of this arrangement.
Article VI - Amendments
This arrangement and
the Annex may be amended (and additional annexes may be added) by arrangement
of the signatories.
Article VII - Cancellation or Substitution
Any signatory to this
arrangement may withdraw from or cancel their participation in this arrangement
by giving 60 days’ written notice in advance of this effective date to all
other signatories.
Article VIII - Authority
All signatories to
this arrangement warrant they have the power and capacity to accept, execute
and deliver this arrangement.
Article IX - Effective Date
Notwithstanding any
dates noted elsewhere, this arrangement shall commence April 1, 1996.
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(2)
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ANNEX A
REGIONAL EMERGENCY MANAGEMENT
ADVISORY COMMITTEE
TERMS OF REFERENCE
(1) PURPOSE.
Regional Emergency Management Advisory Committees (REMACs) are established to
promote emergency management coordination and preparedness at regional levels
and to complement the work of the Can/US Consultative Group.
(2) MANDATE.
REMACs:
(a) Provide a forum
where members and guests can raise issues and receive advice on emergency
preparedness matters.
(b) Encourage and
support preparation and exercising of emergency plans for all members.
(c) Will serve as
regional links to the Can/US Consultative Group.
(3) NUMBER OF
COMMITTEES. Four REMACs are established to cover the following areas:
(a)
(A) In
(B) In
(b)
(A) In
(B) In
(c) Prairies REMAC:
(A) In
(B) In
(d) Western REMAC:
(A) In
(B) In
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(3)
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ANNEX B
PACIFIC NORTHWEST EMERGENCY
MANAGEMENT ARRANGEMENT
IMPLEMENTING PROCEDURES
Article I - Purpose and Authorities
(1) The governments
of the State of Alaska, the State of Idaho, the State of Oregon, the State of
Washington and the Province of British Columbia and the Yukon Government are
signatories to the Pacific Northwest Emergency Management Arrangement,
hereinafter referred to as PNEMA. Article VI of PNEMA provides: “This
Arrangement and the Annex may be amended (and additional Annexes may be added)
by arrangement of the signatories.” Pursuant to Article VI of PNEMA, the
undersigned signatories hereby enter into this arrangement, which may be
designated as the
(2) This arrangement is
made and entered into by and among the signatories that enact or adopt this
arrangement. For the purpose of this arrangement, the term “signatories” may
include any or all of:
(a) The States of
Alaska, Idaho, Oregon and Washington, the Province of British Columbia and the
Yukon Government, all of which entered into PNEMA in 1996-1997; and
(b) Other states,
provinces and territories as may hereafter become signatories to PNEMA and this
arrangement.
(3) The purpose of this
arrangement is to provide for the possibility of mutual assistance among the
signatories entering into this arrangement in managing an emergency or disaster
when the affected signatory or signatories ask for assistance, whether arising
from a natural disaster, accidental or intentional events or the civil
emergency aspects of resources shortages.
(4) This arrangement
also provides for the process of planning mechanisms among the agencies
responsible and for mutual cooperation, including, if need be,
emergency-related exercises, testing or other training activities using
equipment and personnel simulating performance of any aspect of the giving and
receiving of aid by signatories or subdivisions of signatories during
emergencies, with such actions occurring outside actual declared emergency
periods. Mutual assistance in this arrangement may include the use of emergency
forces by mutual agreement among signatories.
(5) “Emergency forces”
include but are not limited to police forces, security forces, fire-rescue,
including Hazardous Materials and Urban Search and Rescue Teams, and emergency
medical and emergency management services.
(6) The purpose of these
implementing procedures is to provide specific procedures, agreed to by the
signatories, for implementing PNEMA. The signatories acknowledge that the
signatory states of the
Article II - General Implementation
(1) Each signatory
entering into this arrangement recognizes that emergencies may exceed the
capability of a signatory and that intergovernmental cooperation is essential
in those circumstances. Each signatory further recognizes that there may be
emergencies that require immediate access to outside resources and that
procedures need to be in place to request outside resources to make a prompt
and effective response to the emergencies because few, if any, individual
signatories have all the resources they need in all types of emergencies or the
capability of delivering resources to areas where emergencies exist.
(2) The prompt, full and
effective utilization of resources of the signatories, including any resources
on hand or available from any other source that are essential to the safety,
care and welfare of the people in the event of any emergency or disaster, will
be the underlying principle on which the articles of this arrangement are
understood.
(3) On behalf of the
signatories, the legally designated official who is assigned responsibility for
emergency management is responsible for formulation of the appropriate
intersignatory mutual aid plans and procedures necessary to implement this
arrangement and for recommendations to the signatories concerned with respect
to the amendment of statutes, regulations or ordinances for that purpose.
Article III - Signatory Responsibilities
(1) Each signatory
will formulate procedural plans and programs for each intersignatory
cooperation area listed in this section. In formulating and implementing the
plans and programs the signatories, to the extent practical, shall:
(a) Review individual
signatory hazards analyses that are available and, to the extent reasonably
possible, determine all the potential emergencies the signatories might jointly
suffer, whether due to a natural disaster, an accidental or intentional event
or the emergency aspects of resource shortages;
(b) Initiate a process
to review the signatories’ individual emergency plans and develop a plan that
will determine the mechanism for the intersignatory cooperation;
(c) Develop
intersignatory procedures to fill identified gaps and to resolve identified
inconsistencies or overlaps in existing or developed plans;
(d) Assist in warning
communities adjacent to or crossing signatory boundaries;
(e) Protect and ensure
delivery of services, medicines, water, food, energy and fuel, search and
rescue and critical lifeline equipment, services and resources, both human and
material, to the extent authorized by law;
(f) Inventory and agree
upon procedures for the intersignatory loan and delivery of human and material
resources, together with procedures for reimbursement or forgiveness; and
(g) Provide, to the
extent authorized by law, for temporary suspension of statutes or ordinances
that impede the implementation of the responsibilities described in this
subsection.
(2) The authorized
representative of a signatory may request assistance of another signatory by
contacting its authorized representative. These provisions apply only to
requests for assistance made by and to authorized representatives. Requests may
be oral or in writing. The authorized representative of a signatory will
confirm their verbal request in writing within 15 days. Requests must provide
the following information:
(a) A description of the
emergency service function for which assistance is needed and of the mission or
missions, including but not limited to fire services, emergency medical,
transportation, communications, public works and engineering, building
inspection, planning and information assistance, mass care, resource support,
health and medical services and search and rescue;
(b) The amount and type
of personnel, equipment, materials and supplies needed and a reasonable
estimate of the length of time they will be needed; and
(c) The specific place
and time for staging of the assisting party’s response and a point of contact
at the location.
(3) There will be
frequent consultation among the signatories’ officials who have assigned
emergency management responsibilities, the officials collectively known
hereinafter as the International Emergency Management Group, and other
appropriate representatives of the signatory with free exchange of information,
plans and resource records relating to emergency capabilities to the extent
authorized by law.
Article IV - Limitation
(1) A signatory
requested to render mutual aid or conduct exercises and training for mutual aid
will respond as soon as possible, except that it is understood that the
signatory rendering aid may withhold or recall resources to the extent
necessary to provide reasonable protection for itself. To the extent authorized
by law, each signatory will afford to the personnel of the emergency forces of
any other signatory while operating within its signatory limits under the terms
and conditions of this arrangement and under the operational control of an
officer of the requesting signatory the same treatment as is afforded similar
or like forces of the signatory in which they are performing emergency
services.
(2) Emergency forces
continue under the command and control of their regular leaders, but the
organizational units come under the operational control of the emergency
services authorities of the signatory receiving assistance. These conditions
may be activated, as needed, by the signatory that is to receive assistance or
upon commencement of exercises or training for mutual aid and continue as long
as the exercises or training for mutual aid are in progress, the emergency or
disaster remains in effect or loaned resources remain in the receiving
signatory or signatories, whichever is longer. The receiving signatory is responsible
for informing the assisting signatory when services will no longer be required.
Article V - Licenses and Permits
Whenever a person
holds a license, certificate or other permit issued by a signatory to the
arrangement evidencing the meeting of qualifications for professional,
mechanical or other skills, and when such assistance is requested by the
receiving signatory, the person is deemed to be licensed, certified or
permitted by the signatory requesting assistance to render aid involving the
skill to meet an emergency or disaster, to the extent allowed by law and
subject to limitations and conditions as the requesting signatory prescribes by
executive order or otherwise.
Article VI - Liability
A person or entity of
a signatory rendering aid in another signatory pursuant to this arrangement is
considered an agent of the requesting signatory for tort liability and immunity
purposes. A person or entity of a signatory rendering aid in another signatory
pursuant to this arrangement is not liable on account of an act or omission of
good faith on the part of such forces while so engaged or on account of the
maintenance or use of equipment or supplies in connection therewith. “Good
faith” in this article does not include willful misconduct, gross negligence or
recklessness.
Article VII - Supplementary Agreements
Because it is
probable that the pattern and detail of the provision for mutual aid among two
or more signatories may differ from that among the signatories that are party
to this arrangement, this contains elements of a broad base common to all
signatories, and nothing in this arrangement precludes a signatory from
entering into supplementary agreements with another signatory or affects any
other agreements already in force among signatories. Supplementary agreements
may include, but are not limited to, provisions for evacuation and reception of
injured and other persons and the exchange of medical, fire, public utility,
reconnaissance, welfare, transportation and communications personnel, equipment
and supplies.
Article VIII - Workers’ Compensation and Death Benefits
Each signatory shall
provide, in accordance with its own laws, for the payment of workers’
compensation and death benefits to injured members of the emergency forces of
that signatory and to representatives of deceased members of those forces if
the members sustain injuries or are killed while rendering aid to another
signatory pursuant to this arrangement, in the same manner and on the same
terms as if the injury or death were sustained within their own jurisdiction.
Article IX - Reimbursement
A signatory rendering
aid to another signatory pursuant to this arrangement shall, if requested, be
reimbursed by the signatory receiving the aid for loss or damage to or expense
incurred in the operation of equipment and the provision of service in
answering a request for aid and for the costs incurred in connection with the
request. An aiding signatory may assume in whole or in part loss, damage,
expense or other cost or may loan equipment or donate services to the receiving
signatory without charge or cost. Any two or more signatories may enter into
supplementary agreements establishing a different allocation of costs among
those signatories. Benefits under Article VIII of this arrangement are not
reimbursable under this section.
Article X - Evacuation
Each signatory shall
initiate a process to prepare and maintain plans to facilitate the movement of
and reception of evacuees into its territory or across its territory, according
to its capabilities and powers. The signatory from which the evacuees came
shall assume the ultimate responsibility for the support of the evacuees and,
after the termination of the emergency, for the repatriation of the evacuees.
Article XI - Implementation
(1) This arrangement
is effective upon its execution or adoption by any two signatories, and is
effective as to any other signatory upon its execution or adoption by that
signatory, subject to approval or authorization by the United States Congress,
if required, and subject to enactment of national, state, provincial or
territorial legislation that may be required for the effectiveness of this
arrangement.
(2) A signatory may
withdraw from this arrangement, but the withdrawal does not take effect until
30 days after the governor or premier of the withdrawing signatory has given
notice in writing of the withdrawal to the governors or premiers of all other
signatories. The action does not relieve the withdrawing signatory from
obligations assumed under this arrangement prior to the effective date of
withdrawal.
(3) Duly authenticated
copies of this arrangement in the French and English languages and of
supplementary agreements as may be entered into shall, at the time of their
approval, be deposited with each of the signatories.
Article XII - Severability
This arrangement is
construed so as to effectuate the purposes stated in Article I of this
arrangement. If a provision of this arrangement is declared unconstitutional or
invalid or inapplicable to any person or circumstances, the validity of the
remainder of this arrangement to that person or circumstances and the
applicability of this arrangement to other persons and circumstances are not
affected.
Article XIII - Inconsistency of Language
The validity of this
arrangement and agreements consented to in this arrangement shall not be
affected by insubstantial difference in form or language as may be adopted by
the various states, provinces and territories.
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SECTION 3. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 11, 2008
Filed in the office of Secretary of State March 11, 2008
Effective date March 11, 2008
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