Chapter 402 Oregon Laws 2011

AN ACT

HB 3466

Relating to the Oregon Wireless Interoperability Network; amending section 1, chapter 825, Oregon Laws 2005.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 1, chapter 825, Oregon Laws 2005, is amended to read:

Sec. 1. (1) The Oregon Legislative Assembly finds and declares that:

(a) The public safety communications infrastructure of the State of Oregon is rapidly aging, outdated and at severe risk of failure;

(b) The adopted policies and standards and specific deadlines mandated by the Federal Communications Commission will require replacement of statewide public safety communications infrastructure in the State of Oregon;

(c) The reliability of mission-critical public safety communications infrastructure during a man-made or natural disaster is crucial to saving lives and property and to protecting the public during an emergency;

(d) The deteriorating condition of our public safety radio systems is of immediate concern because it compromises the safety and well-being of the citizens of the State of Oregon who depend upon lifesaving communications systems used by first responders;

(e) The majority of the communications systems in the State of Oregon are unreliable, greatly increasing the danger to first responders and law enforcement officers in carrying out their duty to protect the citizens and property of the State of Oregon;

(f) It is in the public interest of Oregonians to plan for improvement of the public safety communications infrastructure to ensure long-term stability; and

(g) Federal funding for homeland security may be available to facilitate all or part of the development and implementation of a plan for improvement of the public safety communications infrastructure in the State of Oregon.

(2) Subject to subsection (3) of this section, the Legislative Assembly finds and declares that it is the policy of the State of Oregon:

(a) To develop, finance, maintain and operate a single emergency response wireless communications infrastructure that supports both the communications needs of all state agencies and ensures communications interoperability among all state, local, tribal and federal public safety agencies, thereby maximizing shared use of this invaluable public asset.

(b) To meet Federal Communications Commission mandates for the conversion of public safety communications frequencies and spectrum allocation by 2013.

(3) The Legislative Assembly further finds and declares that:

(a) The communications infrastructure of the State Forestry Department:

(A) Meets the policies and standards mandated by the Federal Communications Commission; and

(B) Is compatible with the communications infrastructure utilized by other federal and state agencies and private partners that are primarily responsible for responding to wildland fire emergencies;

(b) The department shall continue to partner with, advise and seek shared efficiencies with other public safety agencies regarding implementation of the Public Safety Wireless Infrastructure Replacement Plan developed under section 2, chapter 825, Oregon Laws 2005, and the Oregon Interoperable Communication Plan described in ORS 403.455; and

(c) Immediate conversion of the communications infrastructure of the department for compatibility with the Oregon Wireless Interoperability Network is not necessary, considering:

(A) The large investment already made and the high cost of conversion;

(B) The disruption and incompatibility that would be caused with the communications infrastructure of other federal and state agencies and private partners with whom the department shares primary responsibility to respond to wildland fire emergencies; and

(C) That the department’s communications infrastructure conforms to the policies and standards mandated by the Federal Communications Commission.

Approved by the Governor June 17, 2011

Filed in the office of Secretary of State June 17, 2011

Effective date January 1, 2012

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