Chapter 401 — Emergency Management and Services

2023 EDITION

EMERGENCY MANAGEMENT AND SERVICES

MILITARY AFFAIRS; EMERGENCY SERVICES

DEFINITIONS

401.025 Definitions for ORS chapter 401

RESPONSIBILITY FOR EMERGENCY SERVICES

401.032 Statement of policy and purpose

401.035 Responsibility for emergency services systems

401.038 Emergency incident training for certain officials

EMERGENCY MANAGEMENT BY THE STATE

(Oregon Department of Emergency Management)

401.052 Responsibilities of Oregon Department of Emergency Management

401.054 Liaisons with Oregon Department of Emergency Management

401.062 Oregon Department of Emergency Management; appointment of director

401.067 Compliance Division

401.072 Appointment of deputy director

401.076 Rules

401.082 Advisory and technical committees

401.088 Interagency agreements

401.092 Duties of director; federal fire management assistance declaration; rules

401.094 System for notification of emergencies; emergency management coordinators; rules

401.096 Federal grants for emergency management and services; authority of office

401.109 Oregon Homeland Security Council

401.111 State plan for emergency stockpile

Note Report on plan--2022 c.55 §7(3)

401.114 Emergency preparedness functions

401.116 Emergency response exercises

401.121 Technical assistance to local entities

401.123 Support for community organizations active in disaster

Note Emergency Preparedness Advisory Council--2021 c.539 §§151,151a

Note Local Government Emergency Management Advisory Council--2021 c.539 §§152,152a

(Declaration of State of Emergency)

401.165 Declaration of state of emergency; procedures

401.168 Governor’s powers during state of emergency; suspension of agency rules

401.175 Additional powers during emergency

401.178 Removal of disaster debris or wreckage; unconditional authorization of community; liability for injury or damage

401.185 Providing temporary housing during emergency

401.186 Waiver of waiting period for unemployment benefits

401.188 Management of resources during emergency; rules

401.192 Effect of rules and orders during emergency; scope; effect; termination

401.198 Seizure of firearms during emergency

401.204 Termination of state of emergency

(Declaration of Major Disaster)

401.232 Federal financial assistance to political subdivision

401.234 Federal financial assistance to individuals or families

(Rules for States of Emergency and Major Disasters)

401.236 Rules

(Critical Service Providers)

401.239 Critical service providers; credentialing; rules

(Oregon Safety Assessment Program)

401.256 Oregon Safety Assessment Program; rules

EMERGENCY MANAGEMENT BY CITIES, COUNTIES AND

TRIBAL GOVERNMENTS

(Emergency Management Agency)

401.305 Emergency management agency of city, county or tribal government; emergency program manager; coordination of emergency management functions

401.307 Emergency management agency appropriation; tax levy

(Declaration of State of Emergency)

401.309 Declaration of state of emergency by city or county; procedures; mandatory evacuations

401.315 City or county authorized to incur obligations for emergency services; county determination of emergency

401.335 Temporary housing for disaster victims; political subdivision’s authority

(Local Programs for Private Building Inspections)

401.341 Building inspections by private qualified professionals; rules

EMERGENCY SERVICE VOLUNTEERS

401.358 Definitions for ORS 401.358 to 401.368

401.362 Application

401.364 Coverage under Oregon Tort Claims Act

401.368 Workers’ compensation benefits

401.378 Leaves of absence for disaster relief or recovery volunteers; requirements; maximum period; effect on status of employees

FUNDING OF EMERGENCY SERVICES

401.505 Acceptance of aid for emergency services

401.525 Use of moneys and property for emergency services authorized

401.532 Oregon Pre-Disaster Mitigation Fund; rules

401.534 Oregon Disaster Response Fund; rules

401.536 Oregon Local Disaster Assistance Loan and Grant Account; Local Disaster Assistance Review Board; rules

401.541 Oregon Disaster Response Assistance Matching Fund; rules

401.551 Emergency preparedness equipment grant program; rules

401.552 Resiliency Grant Fund

EMERGENCY HEALTH CARE SERVICES

401.651 Definitions for ORS 401.651 to 401.670

401.654 Registry of emergency health care providers; rules

401.655 Practice by out-of-state health care provider during emergency

401.656 Provision of health care services by members of Oregon National Guard during emergency

401.657 Emergency health care facility; emergency operations plan; credentialing plan; rules

401.658 Provision of health care services by former health care provider during emergency; rules

401.661 Provision of health care services after declaration of emergency

401.664 Emergency operations plan; credentialing plans

401.667 Coverage under Oregon Tort Claims Act

401.670 Rules

DISASTER OR EMERGENCY RELATED WORK CONDUCTED BY OUT-OF-STATE BUSINESSES

401.680 Legislative findings

401.685 Definitions

401.690 Exemption from certain taxes, registration and licensing requirements

401.695 Reporting by registered business to Oregon Department of Administrative Services

WILDFIRE

401.851 Wildfire planning and coordination

EARTHQUAKES

(Drills)

401.900 State and local agency earthquake drills; rules

401.902 Private employer earthquake drills; exemptions; rules

401.904 Rules

(Seismic Rehabilitation)

401.910 Grant program for seismic rehabilitation of certain facilities; rules

(State Resilience Officer)

401.913 State Resilience Officer; monitoring of resilience planning by legislative and judicial branches

(Seismic Safety Policy Advisory Commission)

401.915 Seismic Safety Policy Advisory Commission; members; term

401.918 Mission of commission

401.920 Officers; quorum; meetings; compensation and expenses

401.922 Support services

401.925 Advisory and technical committees; expense reimbursement

STRUCTURAL COLLAPSE

401.930 Assignment by Governor of local resources under direction of State Fire Marshal

401.932 Powers and duties of local personnel acting under direction of State Fire Marshal

401.935 Liability for expenses incurred and for loss or damage to local equipment; filing claim

401.938 Liability for expenses incurred using local personnel

401.940 Immunity from liability for local personnel acting in line of duty; exception

TSUNAMI

401.950 Definitions; tsunami warning information; rules

401.952 Uniform tsunami warning signal; rules

401.955 Contributions to finance tsunami warning system

ABNORMAL DISRUPTION OF MARKET

401.960 Definitions for ORS 401.960, 401.962, 401.965 and 401.970

401.962 Legislative findings

401.965 Abnormal disruption of market

401.970 Applicability of remedies

ANIMAL RESCUE

401.975 Legislative findings

401.977 Animal emergency operations plan

401.978 Livestock emergency operations plan

NEWS MEDIA REPRESENTATIVES

401.980 Access to disaster sites by news media representatives

401.981 Committee to establish guidelines

PENALTIES

401.990 Penalties

401.010 [Repealed by 1983 c.586 §49]

401.015 [1983 c.586 §1; 2009 c.718 §28; renumbered 401.032 in 2009]

401.020 [Amended by 1975 c.379 §8; repealed by 1983 c.586 §49]

DEFINITIONS

401.025 Definitions for ORS chapter 401. As used in this chapter:

(1) “Emergency” means a human created or natural event or circumstance that causes or threatens widespread loss of life, injury to person or property, human suffering or financial loss, including but not limited to:

(a) Fire, wildfire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or other oceanic phenomena, 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, acts of terrorism 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.

(2) “Emergency service agency” means an organization within a local government that performs essential services for the public’s benefit before, during or after an emergency, such as law enforcement, fire control, health, medical and sanitation services, public works and engineering, public information and communications.

(3) “Emergency services” means activities engaged in by state and local government agencies to prepare for an emergency and to prevent, minimize, respond to or recover from an emergency, including but not limited to 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 50 U.S.C. app. 2252.

(4) “Local government” has the meaning given that term in ORS 174.116.

(5) “Major disaster” means any event defined as a “major disaster” under 42 U.S.C. 5122(2). [1983 c.586 §2; 1985 c.733 §21; 1987 c.373 §84; 1989 c.361 §8; 1991 c.418 §1; 1991 c.956 §10; 1993 c.187 §1; 1999 c.935 §29; 2005 c.825 §9; 2007 c.97 §10; 2007 c.223 §5; 2007 c.740 §20; 2009 c.718 §17; 2021 c.592 §16]

401.030 [Amended by 1967 c.595 §1; 1969 c.80 §8; 1975 c.379 §9; 1975 c.624 §1; repealed by 1983 c.586 §49]

RESPONSIBILITY FOR EMERGENCY SERVICES

401.032 Statement of policy and purpose. (1) The general purpose of this chapter is to reduce the vulnerability of the State of Oregon to loss of life, injury to persons or property and human suffering and financial loss resulting from emergencies, and to provide for recovery and relief assistance for the victims of emergencies.

(2) It is declared to be the policy and intent of the Legislative Assembly that preparations for emergencies and governmental responsibility for responding to emergencies be placed at the local level. The state shall prepare for emergencies, but shall not assume authority or responsibility for responding to an emergency unless the appropriate response is beyond the capability of the city and county in which the emergency occurs, the city or county fails to act, or the emergency involves two or more counties. [Formerly 401.015]

401.035 Responsibility for emergency services systems. (1) The emergency services system is composed of all agencies and organizations involved in the coordinated delivery of emergency services. The Governor is responsible for the emergency services system within the State of Oregon. The executive officer or governing body of each county or city of this state is responsible for the emergency services system within that jurisdiction.

(2) In carrying out their responsibilities for emergency services systems, the Governor and the executive officers or governing bodies of the counties or cities may delegate any administrative or operative authority vested in them by this chapter and provide for the subdelegation of that authority. [1983 c.586 §3; 2009 c.718 §24]

401.038 Emergency incident training for certain officials. (1) All elected officials in this state, all administrative heads of state agencies and all persons in the state government management service as defined in ORS 240.212 shall complete introductory courses offered or approved by the Federal Emergency Management Agency on incident command and the National Incident Management System.

(2) All officials of a local government, as defined in ORS 174.116, who have or could reasonably be expected to have emergency or disaster response responsibility shall complete education on emergency response as recommended by the emergency program manager appointed by the local government under ORS 401.305 or the chief administrative officer of the local government. [2022 c.55 §4]

Note: 401.038 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.039 [2007 c.740 §19; 2009 c.718 §29; renumbered 401.198 in 2009]

401.040 [Amended by 1963 c.528 §1; 1967 c.419 §33; 1969 c.80 §9; 1975 c.379 §10; 1975 c.624 §2; 1981 c.615 §4; repealed by 1983 c.586 §49]

401.041 [2002 s.s.1 c.7 §1; renumbered 402.100 in 2009]

401.043 [2002 s.s.1 c.7 §2; renumbered 402.105 in 2009]

401.045 [1983 c.586 §18; 1993 c.187 §2; repealed by 2002 s.s.1 c.7 §3]

401.050 [Amended by 1963 c.528 §2; 1967 c.419 §34; 1967 c.595 §2; 1969 c.80 §10; 1969 c.314 §32; 1981 c.615 §5; repealed by 1983 c.586 §49]

EMERGENCY MANAGEMENT BY THE STATE

(Oregon Department of Emergency Management)

401.052 Responsibilities of Oregon Department of Emergency Management. (1) The Oregon Department of Emergency Management is established.

(2) The department 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.

(3) The department shall prepare a statewide emergency management plan and update the plan from time to time as necessary. [Formerly 401.257; 2021 c.539 §2]

401.054 Liaisons with Oregon Department of Emergency Management. (1) Each of the following agencies, entities and officials shall designate an individual to act as a liaison with the Oregon Department of Emergency Management:

(a) The Department of Consumer and Business Services;

(b) The Department of Corrections;

(d) The Department of Environmental Quality;

(e) The Department of Human Services;

(f) The Department of Justice;

(g) The Department of Land Conservation and Development;

(h) The Department of Public Safety Standards and Training;

(i) The Department of State Lands;

(j) The Department of State Police;

(k) The Department of Transportation;

(L) The Department of Veterans’ Affairs;

(m) The Employment Department;

(n) The Housing and Community Services Department;

(o) The Judicial Department;

(p) The Oregon Business Development Department;

(q) The Oregon Department of Administrative Services;

(r) The Oregon Department of Aviation;

(s) The Oregon Health Authority;

(t) The Oregon Military Department;

(u) The Oregon Tourism Commission;

(v) The Public Utility Commission of Oregon;

(w) The Secretary of State;

(x) The State Department of Agriculture;

(y) The State Department of Energy;

(z) The State Department of Fish and Wildlife;

(aa) The State Department of Geology and Mineral Industries;

(bb) The State Fire Marshal;

(cc) The State Forestry Department;

(dd) The State Marine Board;

(ee) The State Parks and Recreation Department;

(ff) The Travel Information Council; and

(gg) The Water Resources Department.

(2) Each agency, entity and official required to designate a liaison under this section shall designate an individual who has authority during an emergency to allocate resources and assets of the agency, entity or official.

(3) Each individual designated as a liaison under subsection (1) of this section shall assist in the coordination of the functions of the agency, entity or official that designated the individual that relate to emergency preparedness and response with similar functions of the Oregon Department of Emergency Management. [Formerly 401.259; 2013 c.512 §1; 2017 c.231 §1; 2021 c.539 §3]

401.055 [1983 c.586 §4; 1991 c.605 §1; 1993 c.187 §3; 2007 c.408 §1; 2007 c.740 §21; renumbered 401.165 in 2009]

401.060 [Amended by 1963 c.528 §4; 1967 c.595 §3; 1969 c.80 §11; repealed by 1983 c.586 §49]

401.062 Oregon Department of Emergency Management; appointment of director. (1) The Oregon Department of 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 department.

(2) The Governor shall appoint the Director of the Oregon Department of Emergency Management, who holds office at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate in the manner prescribed by ORS 171.562 and 171.565.

(3) The director shall be paid a salary as provided by law or, if not so provided, as prescribed by the Governor.

(4) For purposes of administration, subject to the approval of the Governor, the director may organize and reorganize the department as the director considers necessary to properly conduct the work of the department.

(5) The director may divide the functions of the department into administrative divisions. Subject to the approval of the Governor, 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. [Formerly 401.261; 2021 c.539 §4]

401.064 [1975 c.379 §3; repealed by 1983 c.586 §49]

401.065 [1983 c.586 §5; 2009 c.718 §39; renumbered 401.168 in 2009]

401.066 [1975 c.379 §2; 1977 c.248 §3; repealed by 1983 c.586 §49]

401.067 Compliance Division. (1) There is established the Compliance Division as an administrative division of the Oregon Department of Emergency Management. The Director of the Oregon Department of Emergency Management shall appoint a compliance officer to lead the division. The compliance officer serves at the pleasure of and at the direction of the director. The director may appoint additional staff to the division as the director deems necessary for the division to carry out its duties.

(2) The Compliance Division shall:

(a) Ensure that the department is in compliance with requirements and regulations relating to moneys received from the federal government, including ensuring compliance by grantees or subgrantees;

(b) Prepare and maintain documentation related to compliance;

(d) Identify compliance risks and direct and supervise corrective actions to mitigate such risks; and

(e) Serve as liaison between the department and federal officials.

(3) Public bodies, as defined in ORS 174.109, shall promptly provide to the Compliance Division any books, records or other documentation that the division determines to be necessary to carry out its duties. [2023 c.427 §4]

Note: 401.067 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.068 [1975 c.379 §4; repealed by 1983 c.586 §49]

401.070 [Repealed by 1983 c.586 §49]

401.072 Appointment of deputy director. (1) The Director of the Oregon Department of 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 department, prescribe their duties and fix their compensation. [Formerly 401.263; 2021 c.539 §5]

401.074 [1983 c.586 §6; 2009 c.718 §40; renumbered 401.185 in 2009]

401.075 [1977 c.248 §2; repealed by 1983 c.586 §49]

401.076 Rules. In accordance with applicable provisions of ORS chapter 183, the Director of the Oregon Department of Emergency Management may adopt rules necessary for the administration of the laws that the department is charged with administering. [Formerly 401.265; 2021 c.539 §6]

401.080 [Amended by 1953 c.6 §4; 1967 c.595 §4; 1975 c.379 §11; repealed by 1983 c.586 §49]

401.082 Advisory and technical committees. (1) To aid and advise the Director of the Oregon Department of Emergency Management in the performance of the functions of the Oregon Department of 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 department 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. [Formerly 401.267; 2021 c.539 §8]

401.085 [1983 c.586 §7; 2009 c.718 §41; renumbered 401.188 in 2009]

401.088 Interagency agreements. The Director of the Oregon Department of Emergency Management may enter into interagency agreements with other state agencies that the director determines are necessary to carry out the duties of the Oregon Department of Emergency Management. [Formerly 401.269; 2021 c.539 §9]

401.090 [Repealed by 1983 c.586 §49]

401.092 Duties of director; federal fire management assistance declaration; rules. (1) The Director of the Oregon Department of Emergency Management is 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:

(a) Make rules that are necessary and proper for the administration and implementation of this chapter;

(b) Coordinate the activities of all public and private organizations specifically related to providing emergency services within this state;

(c) Maintain a cooperative liaison with emergency management agencies and organizations of local governments, other states and the federal government;

(d) Have such additional authority, duties and responsibilities authorized by this chapter or as may be directed by the Governor;

(e) Administer grants relating to emergency program management under ORS 401.305 and emergency services for the state;

(f) Provide for and staff the State Emergency Operations Center to aid the Governor and the department in the performance of duties under this chapter;

(g) Serve as the Governor’s authorized representative for coordination of certain response activities and managing the recovery process;

(h) Establish training and professional standards for local emergency program management personnel;

(i) Establish task forces and advisory groups to assist the department in achieving mandated responsibilities;

(j) Enforce compliance requirements of federal and state agencies for receiving funds and conducting designated emergency functions; and

(k) 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.

(2) Notwithstanding subsection (1) of this section, the State Forester shall serve as the Governor’s authorized representative for the purpose of initiating the fire management assistance declaration process with the Federal Emergency Management Agency and administering Federal Emergency Management Agency fire management assistance grants. [Formerly 401.270; 2011 c.49 §1; 2013 c.782 §2; 2021 c.111 §2; 2021 c.539 §7]

401.094 System for notification of emergencies; emergency management coordinators; rules. (1)(a) The Department of State Police shall maintain a system for the notification and interagency coordination of state resources in response to emergencies involving multijurisdictional cooperation between the various levels of government and private business entities.

(b) The department shall provide the Oregon Department of 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 Oregon Department of 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 statewide emergency management plan prepared under ORS 401.052 as having emergency service or administrative responsibilities, shall appoint an emergency management coordinator as their representative to work with the Oregon Department of Emergency Management on the development and implementation of emergency plans and procedures.

(5) The Oregon Department of Emergency Management shall adopt rules relating to the planning, administration and operation of the notification system maintained under this section. [Formerly 401.275; 2021 c.539 §16]

Note: The amendments to 401.094 by section 16a, chapter 539, Oregon Laws 2021, become operative July 1, 2025. See section 155b, chapter 539, Oregon Laws 2021. The text that is operative on and after July 1, 2025, is set forth for the user’s convenience.

401.094. (1) The Oregon Department of Emergency Management shall maintain a system for the notification and interagency coordination of state resources in response to emergencies involving multijurisdictional cooperation between the various levels of government and private business entities.

(2) The notification system shall be managed by the department as a continuously available communications network and a component of the state’s emergency operations center.

(4) Each department of state government, and those agencies of state government identified in the statewide emergency management plan prepared under ORS 401.052 as having emergency service or administrative responsibilities, shall appoint an emergency management coordinator as their representative to work with the department on the development and implementation of emergency plans and procedures.

(5) The department shall adopt rules relating to the planning, administration and operation of the notification system maintained under this section.

401.095 [1983 c.586 §8; renumbered 401.192 in 2009]

401.096 Federal grants for emergency management and services; authority of office. (1) The Oregon Department of Emergency Management is designated as the sole agency of the State of Oregon for the purpose of negotiating agreements with the 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.

(2) When applying for funds described in subsection (1) of this section, the following entities shall coordinate with the department on development of proposals and submit applications to the department to be reviewed and processed:

(a) A city or county operating an emergency management program.

(b) An emergency service agency.

(3) A tribal government operating an emergency management program may, when applying for funds, coordinate with the department on development of proposals and submit applications to the department to be reviewed, processed or both.

(4) The department is authorized to accept and receive federal funds for the purposes of emergency program management and emergency services on behalf of the state, counties, cities and participating tribal governments. [Formerly 401.280; 2013 c.189 §1; 2021 c.539 §32]

401.100 [Repealed by 1983 c.586 §49]

401.105 [1983 c.586 §9; renumbered 401.204 in 2009]

401.106 [2007 c.223 §1; renumbered 401.962 in 2009]

401.107 [2007 c.223 §§3,4; renumbered 401.965 in 2009]

401.108 [2007 c.223 §7(3); renumbered 401.970 in 2009]

401.109 Oregon Homeland Security Council. (1) The Oregon Homeland Security Council is established within the Oregon Department of Emergency Management. The mission of the council is to assess risks to the safety and security of the State of Oregon with special emphasis on matters related to domestic terrorism and other major threats to the people of Oregon, including to critical infrastructure, and to make formal recommendations to the Governor with respect to homeland security policy.

(2) The council may:

(a) Recommend strategies to the Governor for the effective coordination of information gathering and dissemination on subjects associated with the mission.

(b) Request and receive briefings from state agencies or other entities for development of reports and recommendations for the Governor on subjects associated with the mission.

(c) Facilitate interagency collaboration, cooperation and coordination on operational issues associated with the mission.

(d) Recommend policies to the Emergency Preparedness Advisory Council on subjects associated with the mission.

(3) The membership of the council consists 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;

(d) The Superintendent of State Police;

(e) The Director of the Oregon Department of Emergency Management;

(f) A representative of the Department of Justice appointed by the Attorney General;

(g) The State Resilience Officer;

(h) The State Fire Marshal;

(i) The Director of the Department of Public Safety Standards and Training;

(j) The Director of the Oregon Health Authority;

(k) The Director of Transportation;

(L) The State Forester;

(m) The Director of the Department of Corrections;

(n) The Superintendent of State Police;

(o) One member appointed by the Governor to act as a senior policy advisor for emergency operations;

(p) A representative of the Oregon TITAN Fusion Center with the ability to organize and explain mission critical information, appointed by the Attorney General; and

(q) Additional members appointed by the Director of the Oregon Department of Emergency Management as the director may deem necessary.

(4) Each member appointed to the council under subsection (3) 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.

(5) The Governor is the chairperson of the council.

(6) The Director of the Oregon Department of Emergency Management is the vice chairperson of the council and serves as the chairperson in the absence of the Governor.

(7) Members of the council are not entitled to compensation under ORS 292.495. The director, in the director’s discretion, may reimburse members of the council as provided in ORS 292.495 for actual and necessary travel or other expenses incurred in the performance of their duties as members of the council.

(8) A majority of the members of the council constitutes a quorum for the transaction of business.

(9) Official action by the council requires the approval of a majority of the members of the council.

(10) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(11) The council shall meet as needed to carry out the mission of the council, at times and places specified by the call of the chairperson or of a majority of the members of the council.

(12) The council may adopt rules necessary for the operation of the council.

(13) The council may employ and fix the compensation of such professional assistants and clerical and other employees as the council deems necessary for the effective conduct of its work.

(14) All agencies of state government, as defined in ORS 174.111, are directed to assist the council in the performance of the duties of the council and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the council consider necessary to perform their duties. [Formerly 401.881; 2012 c.32 §2; 2019 c.282 §1; 2021 c.539 §147; 2022 c.55 §1]

401.110 [Amended by 1975 c.379 §12; repealed by 1983 c.586 §49]

401.111 State plan for emergency stockpile. (1) The Oregon Homeland Security Council, in consultation with emergency management agencies, the Oregon Department of Emergency Management or its predecessor office, and the Oregon Health Authority, shall develop a plan to ensure that Oregonians have access to a robust stockpile of supplies and equipment for use in an emergency, including personal protective equipment and raw materials for the sustained manufacture thereof, communicable disease testing equipment and all-hazards emergency surge supplies, that can be deployed on a regional basis.

(2) In developing the plan, the council shall:

(a) Develop a comprehensive list of essential equipment, materials, supplies, distribution channels and manufacturing capabilities necessary to accomplish the purpose described in subsection (1) of this section;

(b) Determine a statewide standard of availability, sufficient to adequately protect public health and safety, for each article of personal protective equipment and each element of communicable disease testing equipment on the list;

(c) Establish metrics and processes for real-time, transparent reporting of materials, supplies, distribution channels and manufacturing capabilities for each type of equipment or supply on the list that the council deems to be critical in an emergency;

(d) Collaborate with hospitals, long term care facilities, provider groups and health care organizations to obtain information on the extent to which each entity is able to provide personal protective equipment to personnel who are in contact with patients, including usage rates of personal protective equipment during normal business operations and any additional personal protective equipment each entity may maintain for emergency purposes;

(e) Determine a rotation schedule for supplies, equipment and materials in the stockpile; and

(f) Establish quality standards for elements of the stockpile, utilizing guidance from the Centers for Disease Control and Prevention and other public health organizations. [2022 c.55 §7(1),(2)]

Note: 401.111 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Section 7 (3), chapter 55, Oregon Laws 2022, provides:

Sec. 7. Report on plan. (3) On or before April 15, 2023, the council shall report to the Legislative Assembly, in the manner provided by ORS 192.245, on the plan developed under this section [401.111]. The report must include:

(a) A description of the plan;

(b) An estimate of the cost of implementing the plan, including costs related to communication and coordination between participating entities; and

(c) Recommendations, which may include recommendations for legislation, regarding the implementation, operation and funding of the plan, including a recommendation of the state agency best suited to manage the plan. [2022 c.55 §7(3)]

401.114 Emergency preparedness functions. The Oregon Department of Emergency Management shall carry out the following functions:

(1) Coordinate emergency management functions on a regional basis within this state;

(2) Coordinate training related to emergency response on a regional basis within this state; and

(3) Develop and carry out emergency preparedness exercises on a statewide basis. [2021 c.539 §25a]

Note: 401.114 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.115 [Formerly 401.530; renumbered 401.175 in 2009]

401.116 Emergency response exercises. (1) The Oregon Department of Emergency Management shall develop and administer a program for periodic emergency response exercises as described in this section.

(2) Once per year, the department shall coordinate a multidisciplinary, all-hazards emergency response exercise. The exercise must involve at least 10 percent of the public or private safety agencies in this state. The department shall ensure that each public or private safety agency in this state participates in at least one exercise under this subsection in each 10-year period.

(3)(a) At least once per year, each state agency shall conduct an internal exercise that tests at least one element of the state agency’s emergency preparedness. Each state agency may determine the nature and focus of the exercise required under this subsection. Once per year, each state agency shall submit a written report to the department describing the nature of the exercise, the metrics used by the state agency to analyze the state agency’s performance and the outcome of the exercise.

(b) The department shall provide advice and recommendations to state agencies regarding the requirements of this subsection.

(4)(a) At least once per year, each county shall conduct a tabletop, scenario-based learning exercise related to emergency response. An exercise conducted by a county under this subsection must involve the majority of public or private safety agencies operating in the county.

(b) A county need not conduct the exercise required under this subsection during a year in which the county’s emergency operations center was partially or fully activated in response to an emergency.

(5) The department shall consult with the Oregon Homeland Security Council to determine priorities for subjects of exercises conducted under this section.

(6) The department may issue grants to local governments to pay for some or all of the costs of the exercises required under this section.

(7) The department may solicit and accept gifts, grants or donations from public or private sources to fund the exercises required under this section.

(8) As used in this section:

(a) “Public or private safety agency” has the meaning given that term in ORS 181A.355.

(b) “State agency” means an agency, entity or official listed in ORS 401.054. [2022 c.55 §6]

Note: 401.116 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.120 [Repealed by 1983 c.586 §49]

401.121 Technical assistance to local entities. (1) The Oregon Department of Emergency Management shall provide technical assistance, as described in subsection (2) of this section, to local entities, whether public or private, that are active in emergency preparedness, response or recovery in Oregon, including:

(a) County, city and tribal emergency management agencies;

(b) Community organizations active in disaster;

(d) Disaster mitigation and recovery managers.

(2) Technical assistance provided under this section may include, without limitation, assistance with:

(a) Fundraising or grant writing;

(b) Incorporation or other organization;

(d) Interacting with the Federal Emergency Management Agency, including ensuring proper form and content of paperwork submitted to the agency;

(e) Culturally specific outreach; and

(f) Branding.

(3) The department may contract with third parties to carry out its duties under this section.

(4) The department shall adopt rules necessary for the administration of this section. [2023 c.427 §6]

Note: 401.121 and 401.123 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.123 Support for community organizations active in disaster. (1) As used in this section, “community organization active in disaster” means a cooperative organization comprising representatives of nonprofit, governmental, business and faith-based entities that works within a local community to prepare for, build resilience against and recover from emergencies by performing functions including any of the following:

(a) Providing local coordination of federal or state support;

(b) Serving as a primary local disaster recovery organization;

(d) Facilitating communication with local communities, including vulnerable populations;

(e) Leveraging philanthropic and other private funding and coordinating with philanthropic entities;

(f) Facilitating disaster case management, including providing a central hub for allocating resources for unmet needs; and

(g) Providing emergency-related services and supports to the local community.

(2) The Oregon Department of Emergency Management shall identify existing community organizations active in disaster in Oregon and provide grants for their support. The department shall execute grant agreements with grant recipients obligating recipients to use grant moneys for purposes specified by the department. The department shall determine the permissible purposes for a grant under this section based on the needs of the community organization active in disaster and the locality in which it operates.

(3) The department shall adopt rules necessary for the administration of this section. [2023 c.427 §7]

Note: See note under 401.121.

Note: Sections 151 to 152a, chapter 539, Oregon Laws 2021, provide:

Sec. 151. Emergency Preparedness Advisory Council. (1) The Emergency Preparedness Advisory Council is established within the Office of the Governor. The mission of the council is to facilitate policy recommendations for catastrophic disaster preparedness, mitigation and response and recovery planning, procedures and protocols with special emphasis on outreach to representatives of designated state and federal emergency support functions.

(2) The council consists of:

(a) One member appointed by the Adjutant General to represent the Oregon Military Department;

(b) One member appointed by the Director of the Oregon Department of Emergency Management to represent the Oregon Department of Emergency Management;

(d) One member appointed by the Superintendent of State Police to represent the Department of State Police;

(e) One member appointed by the Director of the Department of Public Safety Standards and Training to represent the Department of Public Safety Standards and Training;

(f) One member appointed by the Director of the Oregon Health Authority to represent the Oregon Health Authority;

(g) One member appointed by the Director of Transportation to represent the Department of Transportation;

(h) One member appointed by the Attorney General to represent the Department of Justice;

(i) One member appointed by the State Forester to represent the State Forestry Department;

(j) Seven members appointed by the Governor as follows:

(A) One member to represent counties;

(B) One member to represent cities;

(D) One member with experience in emergency preparedness to represent local organizations;

(E) One member representing the private sector;

(F) One member representing the nonprofit community with a designated emergency support function responsibility; and

(G) One member to represent Indian tribes in Oregon; and

(k) Additional members appointed by the Governor as the Governor may deem necessary.

(3) In making appointments under this section, the Governor shall:

(a) To the extent possible, ensure that for each federal emergency support function, there is at least one member of the council with experience or knowledge relating to that function; and

(b) Strive to maintain linguistic, socioeconomic and experiential diversity among members of the council.

(4)(a) The council may research international and national best practices and make formal recommendations to the State Resilience Officer or the Governor as needed, with special emphasis given to connecting statewide policy recommendations with state and federal emergency support function capabilities.

(b) The council shall advise and make policy recommendations to the Oregon Homeland Security Council regarding federal emergency support functions.

(5) A majority of the members of the Emergency Preparedness Advisory Council constitutes a quorum for the transaction of business.

(6) Official action by the council requires the approval of a majority of the members of the council.

(7) The council shall elect one of its members to serve as chairperson.

(8) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(9) The council shall meet at least once quarterly at the place specified by the call of the chairperson or of a majority of the members of the council.

(10) The council may adopt rules necessary for the operation of the council.

(11) The Oregon Department of Emergency Management shall provide staff support to the council.

(12) Members of the council are not entitled to compensation or reimbursement for expenses and serve as volunteers on the council.

(13) All agencies of state government, as defined in ORS 174.111, are directed to assist the council in the performance of the duties of the council and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the council consider necessary to perform their duties. [2021 c.539 §151; 2022 c.55 §13]

Sec. 151a. Section 151 of this 2021 Act is repealed on January 2, 2030. [2021 c.539 §151a]

Sec. 152. Local Government Emergency Management Advisory Council. (1) The Local Government Emergency Management Advisory Council is established within the Oregon Department of Emergency Management.

(2) The council consists of 11 members appointed by the Governor as follows:

(a) One member to represent an organization representing Oregon counties;

(b) One member to represent an organization representing Oregon cities;

(d) One member to represent fire departments;

(e) One member to represent a statewide association of emergency managers, emergency responders, government agencies and elected officials committed to minimizing the impact of disasters in Oregon;

(f) One member to represent county sheriffs;

(g) One member to represent 9-1-1 emergency dispatchers;

(h) One member to represent volunteer emergency medical service providers; and

(i) Three members with experience relating to emergency preparedness or management to represent the public.

(3) The council shall provide advice and recommendations to the Oregon Department of Emergency Management regarding its emergency preparedness and response functions.

(4) A majority of the members of the council constitutes a quorum for the transaction of business.

(5) Official action by the council requires the approval of a majority of the members of the council.

(6) The council shall elect one of its members to serve as chairperson.

(7) If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective.

(8) The council shall meet at times and places specified by the call of the chairperson or of a majority of the members of the council.

(9) The council may adopt rules necessary for the operation of the council.

(10) The department shall provide staff support to the council.

(11) Members of the council are not entitled to compensation or reimbursement for expenses and serve as volunteers on the council.

(12) All agencies of state government, as defined in ORS 174.111, are directed to assist the council in the performance of the duties of the council and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the council consider necessary to perform their duties. [2021 c.539 §152]

Sec. 152a. Section 152 of this 2021 Act is repealed on January 2, 2030. [2021 c.539 §152a]

401.125 [Formerly 401.630; renumbered 401.232 in 2009]

401.130 [Repealed by 1983 c.586 §49]

401.135 [Formerly 401.640; 1997 c.14 §1; renumbered 401.234 in 2009]

401.140 [Repealed by 1983 c.586 §49]

401.145 [Formerly 401.650; renumbered 401.178 in 2009]

401.150 [Repealed by 1983 c.586 §49]

401.155 [Formerly 401.660; 2009 c.718 §43; renumbered 401.236 in 2009]

401.160 [Amended by 1953 c.6 §4; 1955 c.451 §1; repealed by 1983 c.586 §49]

(Declaration of State of Emergency)

401.165 Declaration of state of emergency; procedures. (1) The Governor by proclamation may declare a state of emergency 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 Oregon Department of 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 Director of the Oregon Department of Emergency Management, the Governor cannot be reached by available communications facilities in time to respond appropriately to an emergency, the director 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 director 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 director is unavailable to carry out the duties described in this subsection, such duties shall be performed by the Adjutant General.

(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 declared 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 declaration within 24 hours of being reached, the declaration shall be considered affirmed by the Governor.

(5) Any declaration of a state of emergency must specify the geographical area covered by the declaration. Such area shall be no larger than necessary to effectively respond to the emergency.

(6) The governing body of each county shall establish a procedure for receiving, processing and transmitting to the Oregon Department of Emergency Management, in a timely manner, a request submitted by a city that the Governor declare a state of emergency. [Formerly 401.055; 2021 c.539 §33]

401.168 Governor’s powers during state of emergency; suspension of agency rules. (1) During a state of emergency, the Governor has complete authority over all executive agencies of state government and the right to exercise, within the area designated in the proclamation, all police powers vested in the state by the Oregon Constitution in order to effectuate the purposes of this chapter.

(2) During a state of emergency, the Governor has authority to suspend provisions of any order or rule of any state agency, if the Governor determines and declares that strict compliance with the provisions of the order or rule would in any way prevent, hinder or delay mitigation of the effects of the emergency.

(3) During a state of emergency, the Governor has authority to direct any agencies in the state government to utilize and employ state personnel, equipment and facilities for the performance of any activities designed to prevent or alleviate actual or threatened damage due to the emergency, and may direct the agencies to provide supplemental services and equipment to local governments to restore any services in order to provide for the health and safety of the citizens of the affected area. [Formerly 401.065]

401.170 [Amended by 1963 c.179 §1; 1971 c.766 §1; repealed by 1983 c.586 §49]

401.175 Additional powers during emergency. During the existence of an emergency, the Governor may:

(1) Assume complete control of all emergency operations in the area specified in a proclamation of a state of emergency issued under ORS 401.165, direct all rescue and salvage work and do all things deemed advisable and necessary to alleviate the immediate conditions.

(2) Assume control of all police and law enforcement activities in such area, including the activities of all local police and peace officers.

(3) Close all roads and highways in such area to traffic or by order of the Governor limit the travel on such roads to such extent as the Governor deems necessary and expedient.

(4) Designate persons to coordinate the work of public and private relief agencies operating in such area and exclude from such area any person or agency refusing to cooperate with and work under such coordinator or to cooperate with other agencies engaged in emergency work.

(5) Require the aid and assistance of any state or other public or quasi-public agencies in the performance of duties and work attendant upon the emergency conditions in such area. [Formerly 401.115; 2020 s.s.2 c.2 §§1,2; 2021 c.3 §§1,2]

401.178 Removal of disaster debris or wreckage; unconditional authorization of community; liability for injury or damage. (1) Whenever the Governor has declared a disaster emergency to exist under the laws of this state, or the President of the United States, at the request of the Governor, has declared a major disaster or emergency to exist in this state, the Governor is authorized:

(a) Through the use of state departments or agencies, or the use of any of the state’s instrumentalities, to clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or public or private property.

(b) To accept funds from the federal government and utilize such funds to make grants to any political subdivision for the purpose of removing debris or wreckage from publicly or privately owned land or water.

(2) Authority under subsection (1) of this section shall not be exercised unless the affected political subdivision, corporation, organization, or individual shall first present an unconditional authorization for removal of such debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the state government against any claim arising from such removal.

(3) Whenever the Governor provides for clearance of debris or wreckage pursuant to subsections (1) and (2) of this section, employees of the designated state agencies or individuals appointed by the Governor are authorized to enter upon private lands or waters and perform any tasks necessary to the removal or clearance operation.

(4) Except in cases of willful misconduct, gross negligence or bad faith, any state employee or individual appointed by the Governor authorized to perform duties necessary to the removal of debris or wreckage shall not be liable for death of or injury to persons or damage to property. [Formerly 401.145]

401.180 [Repealed by 1983 c.586 §49]

401.185 Providing temporary housing during emergency. Whenever the Governor has declared a state of emergency or the President of the United States has declared an emergency or a major disaster to exist in this state, the Governor, with the concurrence of the Joint Committee on Ways and Means or the Emergency Board, if the Legislative Assembly is not in session, is authorized:

(1) To enter into purchase, lease or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster victims and to make the units available to local governments of the state.

(2) To assist any local government of this state which requires temporary housing for disaster victims following the declaration of a state of emergency to acquire and prepare a site to receive and utilize temporary housing units by:

(a) Advancing or lending funds available to the Governor from any appropriation made by the Legislative Assembly or from any other source; and

(b) Passing through funds made available by any public or private agency. [Formerly 401.074]

401.186 Waiver of waiting period for unemployment benefits. If the Governor by proclamation has declared a state of emergency under ORS 401.165, the Governor may waive the one-week waiting period required by ORS 657.155 for persons making a claim for unemployment benefits who reside within the geographical area subject to the proclamation and specified by the Governor. [2008 c.23 §2]

Note: Section 4, chapter 23, Oregon Laws 2008, provides:

Sec. 4. Sections 1 and 2 [401.186] of this 2008 Act and the amendments to ORS 657.155 by section 3 of this 2008 Act become operative when federal law permits without penalty a waiver under section 2 of this 2008 Act of the one-week waiting period required by ORS 657.155. [2008 c.23 §4]

401.188 Management of resources during emergency; rules. Whenever the Governor has declared a state of emergency, the Governor may issue, amend and enforce rules and orders to:

(1) Control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods and services;

(2) Prescribe and direct activities in connection with use, conservation, salvage and prevention of waste of materials, services and facilities, including, but not limited to, production, transportation, power and communication facilities training, and supply of labor, utilization of industrial plants, health and medical care, nutrition, housing, rehabilitation, education, welfare, child care, recreation, consumer protection and other essential civil needs; and

(3) Take any other action that may be necessary for the management of resources following an emergency. [Formerly 401.085]

401.190 [Amended by 1963 c.528 §5; repealed by 1983 c.586 §49]

401.192 Effect of rules and orders during emergency; scope; effect; termination. (1) All rules and orders issued under authority conferred by ORS 401.165 to 401.236 shall have the full force and effect of law both during and after the declaration of a state of emergency. All existing laws, ordinances, rules and orders inconsistent with ORS 401.165 to 401.236 shall be inoperative during the period of time and to the extent such inconsistencies exist.

(2) The authority exercised under ORS 401.165 to 401.236 may be exercised with respect to the entire territory over which the Governor has jurisdiction, or to any specified part thereof.

(3) When real or personal property is taken under power granted by ORS 401.188, the owner of the property shall be entitled to reasonable compensation from the state.

(4) The powers granted to the Governor by ORS 401.165 to 401.236 shall continue until termination of the state of emergency. The powers granted to the Governor by ORS 401.185 may continue beyond the termination of the state of emergency and shall be terminated by proclamation of the Governor or by joint resolution of the Legislative Assembly. [Formerly 401.095]

401.195 [1981 c.763 §2; repealed by 1983 c.586 §49]

401.198 Seizure of firearms during emergency. (1) As used in this section, “unit of government” means any department or agency of the federal government and any public body as defined by ORS 174.109.

(2) Notwithstanding ORS 401.165 to 401.236, a unit of government may not seize a firearm from an individual who lawfully possesses the firearm during a state of emergency declared under ORS 401.165.

(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. [Formerly 401.039]

401.200 [1981 c.763 §3; 1983 c.586 §27; renumbered 401.355]

401.204 Termination of state of emergency. (1) The Governor shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed.

(2) The state of emergency proclaimed by the Governor may be terminated at any time by joint resolution of the Legislative Assembly. [Formerly 401.105]

401.205 [1981 c.763 §4; 1983 c.586 §28; renumbered 401.365]

401.210 [Formerly 401.820; 1983 c.586 §29; renumbered 401.375]

401.215 [Formerly 401.830; 1983 c.586 §30; renumbered 401.385]

401.220 [1981 c.763 §5; 1983 c.586 §31; renumbered 401.395]

401.225 [1981 c.763 §6; 1983 c.586 §32; renumbered 401.405]

401.230 [1981 c.763 §7; 1983 c.586 §33; renumbered 401.415]

(Declaration of Major Disaster)

401.232 Federal financial assistance to political subdivision. Whenever, at the request of the Governor, the President of the United States has declared a major disaster to exist in this state, the Governor is authorized:

(1) Upon determination that a political subdivision of the state will suffer a substantial loss of tax and other revenues from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the federal government, on behalf of the political subdivision, for a loan; and to receive and disburse the proceeds of any approved loan to any applicant political subdivision.

(2) To determine the amount needed to restore or resume its governmental functions, and to certify the same to the federal government, provided, however, that no application amount shall exceed 25 percent of the annual operating budget of the applicant political subdivision for the fiscal year in which the major disaster occurs.

(3) To recommend to the federal government, based upon the review of the Governor, the cancellation of all or any part of repayment when, in the first three full fiscal year period following the major disaster, the revenues of the political subdivision are insufficient to meet its operating expenses, including additional disaster-related expenses of a municipal operation character. [Formerly 401.125]

401.234 Federal financial assistance to individuals or families. Whenever the President of the United States, at the request of the Governor, with the concurrence of the Emergency Board or Joint Ways and Means Committee of the Legislative Assembly, has declared a major disaster to exist in this state, the Governor is authorized:

(1) Upon determination that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot be otherwise adequately met from other means of assistance, to accept a grant by the federal government to fund such financial assistance, subject to such terms and conditions as may be imposed upon the grant.

(2) To enter into an agreement with the federal government, or any officer or agency thereof, pledging the state to participate in the funding of the assistance authorized in subsection (1) of this section in an amount not to exceed 25 percent thereof.

(3) To make financial grants to help meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster which cannot otherwise adequately be met from other means of assistance. [Formerly 401.135]

401.235 [1981 c.763 §8; 1983 c.586 §34; renumbered 401.425]

(Rules for States of Emergency and Major Disasters)

401.236 Rules. The Governor is authorized to make rules and regulations necessary to carry out the purposes of ORS 401.165 to 401.236. [Formerly 401.155]

(Critical Service Providers)

401.239 Critical service providers; credentialing; rules. (1) As used in this section, “critical service provider” means an individual:

(a) Who has received credentials under this section and who is employed by, or is acting pursuant to a contract under the direction of, an organization deemed by the Oregon Department of Emergency Management to be critical to emergency response operations in Oregon; and

(b) Who is:

(A) Maintaining, including repairing or resupplying, critical infrastructure equipment or systems;

(B) Maintaining continuity of operations of the individual’s organization;

(D) Providing technical support services to another critical service provider.

(2) Unless prohibited by state or federal law or in the discretion of the incident commander during a state of emergency declared under ORS 401.165, a critical service provider may:

(a) Travel on public roads within a geographic area subject to a declaration of a state of emergency under ORS 401.165;

(b) Access the geographic area for a purpose described in subsection (1)(b) of this section; and

(c) Access the distribution of fuel, food, water, supplies, equipment and any other materials necessary to carry out a purpose described in subsection (1)(b) of this section.

(3) An emergency service agency may not seize a vehicle, fuel, food, water or other essential materials in the possession of a critical service provider.

(4) The department may establish sector-specific programs for the credentialing of individuals as critical service providers. Such programs must inform critical service providers about:

(a) Risks associated with entering a geographic area subject to a declaration of a state of emergency under ORS 401.165;

(b) Best practices for working safely in the geographic area; and

(c) Best practices for working in a geographic area without hindering or interfering with the conduct of emergency services by an emergency service agency.

(5) The department may authorize one or more private entities organized under the laws of this state to establish sector-specific programs for the credentialing of individuals as critical service providers, subject to the following requirements:

(a) The department may authorize a private entity under this subsection only if the entity represents a majority of owners and operators in the sector for which the entity will establish a credentialing program.

(b) A program established under this subsection must meet the requirements set forth in subsection (4) of this section.

(c) An entity authorized by the department under this section to establish a credentialing program shall annually submit to the department a report regarding the operation of the program, including any changes to the program.

(6) The department may adopt rules to administer and implement the provisions of this section. [2015 c.151 §2; 2021 c.270 §1; 2021 c.539 §34a]

401.240 [1981 c.763 §9; 1983 c.586 §35; renumbered 401.435]

401.245 [1981 c.763 §10; 1983 c.586 §36; renumbered 401.445]

401.250 [1981 c.763 §11; 1983 c.586 §37; renumbered 401.455]

401.255 [1981 c.763 §12; 1983 c.586 §38; renumbered 401.465]

(Oregon Safety Assessment Program)

401.256 Oregon Safety Assessment Program; rules. (1) As used in this section, “emergency” has the meaning given that term in ORS 401.025.

(2) The State Fire Marshal shall develop and administer a statewide program, as described in this section, to evaluate the condition of buildings after an emergency and determine whether the buildings may be safely occupied. The program shall be known as the Oregon Safety Assessment Program (OrSAP).

(3) Under the program:

(a) The State Fire Marshal shall develop standards and procedures for training and certifying building evaluators.

(b) The State Fire Marshal shall develop standards and procedures for determining whether buildings may be safely occupied after an emergency. Standards adopted under this paragraph must align with national standards.

(c) The State Fire Marshal shall work with local governments to designate local program coordinators who are responsible for implementing the program at the local government level, including authorizing certified building evaluators to perform work on behalf of the local government.

(d) The State Fire Marshal shall implement a statewide emergency registry system for registration of local program coordinators, certified building evaluators and approved trainers. The system must allow for efficient communication of information to registered individuals.

(e) The State Fire Marshal may enter into agreements with other states to provide mutual aid, which may include reciprocal recognition of certifications for skills related to building evaluation.

(4) In developing and implementing the program, the State Fire Marshal shall consult with:

(a) Local governments;

(b) Relevant state agencies or offices, including the Department of Consumer and Business Services; and

(c) Relevant professional organizations, including organizations representing architects, engineers and building safety professionals.

(5) The State Fire Marshal shall adopt rules to administer and implement the provisions of this section. [2019 c.649 §1]

Note: 401.256 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.257 [2007 c.740 §2; 2009 c.718 §35; renumbered 401.052 in 2009]

401.259 [2007 c.740 §8; 2009 c.595 §224; renumbered 401.054 in 2009]

401.260 [1983 c.586 §10; 1993 c.187 §4; repealed by 2007 c.740 §42]

401.261 [2007 c.740 §3; renumbered 401.062 in 2009]

401.263 [2007 c.740 §4; renumbered 401.072 in 2009]

401.265 [2007 c.740 §5; renumbered 401.076 in 2009]

401.267 [2007 c.740 §6; renumbered 401.082 in 2009]

401.269 [2007 c.740 §7; renumbered 401.088 in 2009]

401.270 [1983 c.586 §11; 1993 c.187 §5; 2003 c.556 §2; 2005 c.526 §10; 2005 c.813 §3; 2005 c.825 §10; 2007 c.740 §22; 2009 c.718 §42; renumbered 401.092 in 2009]

401.271 [2007 c.98 §1; renumbered 401.975 in 2009]

401.272 [2007 c.98 §3; 2009 c.718 §30; renumbered 401.977 in 2009]

401.273 [2007 c.98 §4; renumbered 404.350 in 2009]

401.274 [2007 c.98 §5; 2009 c.718 §31; renumbered 401.978 in 2009]

401.275 [1993 c.187 §8; 2007 c.740 §23; 2009 c.718 §36; renumbered 401.094 in 2009]

401.280 [1983 c.586 §22; 1993 c.187 §6; 2007 c.740 §24; 2008 c.18 §8; renumbered 401.096 in 2009]

401.282 [2005 c.526 §1; renumbered 403.400 in 2009]

401.284 [2005 c.526 §3; renumbered 403.405 in 2009]

401.286 [2005 c.526 §4; renumbered 403.410 in 2009]

401.288 [2005 c.526 §5; renumbered 403.415 in 2009]

401.290 [2005 c.526 §6; renumbered 403.420 in 2009]

401.292 [2005 c.526 §7; renumbered 403.425 in 2009]

401.294 [2005 c.526 §8; renumbered 403.430 in 2009]

401.296 [2005 c.526 §9; renumbered 403.435 in 2009]

401.300 [2005 c.813 §2; 2007 c.740 §25; 2009 c.595 §225; renumbered 401.910 in 2009]

EMERGENCY MANAGEMENT BY CITIES, COUNTIES AND

TRIBAL GOVERNMENTS

(Emergency Management Agency)

401.305 Emergency management agency of city, county or tribal government; emergency program manager; coordination of emergency management functions. (1) As used in this section, “tribal government” means a federally recognized sovereign tribal government operating within the borders of this state or an intertribal organization formed by two or more federally recognized sovereign tribal governments operating within this state.

(2) Each county of this state shall, and each city or tribal government may, establish an emergency management agency that is directly responsible to the executive officer or governing body of the county, city or tribe.

(3) The executive officer or governing body of each county, and any city or tribe that participates, shall appoint an emergency program manager who is responsible for the organization, administration and operation of the emergency management agency, subject to the direction and control of the county, city or tribe.

(4) When a city or tribal government has an emergency management agency, the city or tribal government, as applicable, and the counties within which the city or tribal government operates shall jointly establish policies that:

(a) Provide direction and identify and define the purpose and roles of the individual emergency management programs;

(b) Specify the responsibilities of the emergency program managers and staff; and

(c) Establish lines of communication, succession and authority of elected officials for an effective and efficient response to emergency conditions.

(5) Each emergency management agency shall perform emergency program management functions within the territorial limits of the county, city or tribal government and may perform the functions outside the territorial limits as required under any mutual aid or cooperative assistance agreement or as requested and authorized by the county or city in whose territorial limits the emergency functions are performed.

(6) The emergency management functions include, at 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 Oregon Department of 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. [1983 c.586 §12; 1993 c.187 §9; 2005 c.825 §11; 2013 c.189 §2; 2021 c.539 §35]

401.307 Emergency management agency appropriation; tax levy. (1) Each county and city may make appropriations, in the manner provided by law for making appropriations for the expenses of the county or city, for the payment of expenses of its emergency management agency and may levy taxes upon the taxable property within the county or city.

(2) An appropriation made under subsection (1) of this section shall be budgeted so that it is possible to identify it as a distinguishable expense category. [Formerly 401.325]

(Declaration of State of Emergency)

401.309 Declaration of state of emergency by city or county; procedures; mandatory evacuations. (1) The governing body of a city or county in this state may declare, by ordinance or resolution, that a state of emergency exists within the city or county. The ordinance or resolution must limit the duration of the state of emergency to the period of time during which the conditions giving rise to the declaration exist or are likely to remain in existence.

(2) A city or county in this state may, by ordinance or resolution, establish procedures to prepare for and carry out any activity to prevent, minimize, respond to or recover from an emergency. The ordinance or resolution shall describe the conditions required for the declaration of a state of emergency within the jurisdiction.

(3) An ordinance or resolution adopted under subsection (2) of this section may designate the emergency management agency, if any, or any other agency or official of the city or county as the agency or official charged with carrying out emergency duties or functions under the ordinance.

(4) A city or county may authorize an agency or official to order mandatory evacuations of residents and other individuals after a state of emergency is declared under this section. An evacuation under an ordinance or resolution authorized under subsection (2) of this section shall be ordered only when necessary for public safety or when necessary for the efficient conduct of activities that minimize or mitigate the effects of the emergency.

(5) Nothing in this section shall be construed to affect or diminish the powers of the Governor during a state of emergency declared under ORS 401.165. The provisions of ORS 401.165 to 401.236 supersede the provisions of an ordinance or resolution authorized by this section when the Governor declares a state of emergency within any area in which such an ordinance or resolution applies. [1997 c.361 §2; 2009 c.718 §32]

401.310 [Amended by 1953 c.394 §10; 1969 c.80 §12; repealed by 1983 c.586 §49]

401.315 City or county authorized to incur obligations for emergency services; county determination of emergency. In carrying out the provisions of this chapter, counties or cities may enter into contracts and incur obligations necessary to mitigate, prepare for, respond to or recover from an emergency or major disaster. A county shall assess whether an emergency exists. [1983 c.586 §13; 1991 c.418 §2; 2009 c.718 §44]

401.320 [Amended by 1953 c.394 §10; repealed by 1983 c.586 §49]

401.325 [1983 c.586 §14; renumbered 401.307 in 2009]

401.330 [Amended by 1953 c.394 §10; repealed by 1983 c.586 §49]

401.335 Temporary housing for disaster victims; political subdivision’s authority. Any political subdivision of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into arrangements necessary to prepare or equip such sites to utilize the housing units. [Formerly 401.620]

401.337 [1991 c.956 §2; 1993 c.187 §10; 1995 c.511 §1; 1997 c.520 §§1,1a; 2007 c.740 §26; renumbered 401.915 in 2009]

401.340 [Amended by 1953 c.394 §10; repealed by 1983 c.586 §49]

(Local Programs for Private Building Inspections)

401.341 Building inspections by private qualified professionals; rules. (1) Local governments may enact local programs under which owners of buildings may, prior to an emergency, enter into agreements with private qualified professionals to conduct building inspections following an emergency to determine whether buildings may be safely occupied.

(2) A local program enacted under this section must:

(a) Require that owners of buildings receive approval from the local government before entering into an agreement with a qualified professional under the program; and

(b) Require that qualified professionals receive approval from the local government before entering into an agreement with a building owner under the program.

(3) If a local government enacts a local program under this section, the local government shall provide the State Fire Marshal with all laws and regulations governing the program, as well as any other information requested by the State Fire Marshal.

(4) The State Fire Marshal may, by rule, impose additional restrictions on local programs enacted under this section as necessary or advisable to promote safe and efficient response and recovery after an emergency.

(5) As used in this section:

(a) “Emergency” has the meaning given that term in ORS 401.025.

(b) “Local government” has the meaning given that term in ORS 174.116.

(A) Registered and has a valid certificate to practice engineering issued under ORS 672.002 to 672.325; or

(B) Qualified and registered to practice architecture under ORS 671.010 to 671.220. [2019 c.649 §2]

Note: 401.341 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.343 [1991 c.956 §4; 1997 c.520 §2; 2005 c.813 §4; renumbered 401.918 in 2009]

401.345 [1991 c.956 §§5,6,7; 1995 c.511 §2; 1997 c.520 §3; renumbered 401.920 in 2009]

401.347 [1991 c.956 §8; 2007 c.740 §27; 2009 c.595 §226; renumbered 401.922 in 2009]

401.350 [Amended by 1953 c.394 §10; repealed by 1983 c.586 §49]

401.353 [1991 c.956 §9; renumbered 401.925 in 2009]

401.355 [Formerly 401.200; repealed by 2009 c.718 §6]

EMERGENCY SERVICE VOLUNTEERS

401.358 Definitions for ORS 401.358 to 401.368. As used in ORS 401.358 to 401.368:

(1) “Emergency service activities” means:

(a) The provision of emergency services; and

(b) Engaging in training under the direction of a public body, whether by reason of the training being conducted or approved by a public body, for the purpose of preparing qualified emergency service volunteers to perform emergency services.

(2) “Qualified emergency service volunteer” means a person who is:

(a) Registered with the Oregon Department of Emergency Management or other public body to perform emergency service activities;

(b) Acknowledged in writing as a qualified emergency service volunteer, at the time the person offers to volunteer during an emergency, by the Oregon Department of Emergency Management or by another public body;

(d) A building evaluator certified under the Oregon Safety Assessment Program established under ORS 401.256. [2009 c.718 §2; 2017 c.472 §9; 2019 c.649 §3; 2021 c.539 §36]

401.360 [Amended by 1953 c.394 §10; repealed by 1983 c.586 §49]

401.362 Application. ORS 401.358 to 401.368 apply only to a qualified emergency service volunteer who is performing emergency service activities under the direction of a public body without compensation from the public body other than reimbursement for food, lodging, costs of transportation and other expenses. [2009 c.718 §3]

401.364 Coverage under Oregon Tort Claims Act. (1) A qualified emergency service volunteer is an agent of a public body under ORS 30.260 to 30.300 for the purpose of acts and omissions of the volunteer that are within the course and scope of the volunteer’s duties if the acts or omissions occur:

(a) While the volunteer is performing emergency service activities under the direction of the public body during a state of emergency declared under this chapter, or during a state of public health emergency declared under ORS 433.441; or

(b) While the volunteer is engaged in training being conducted or approved by a public body for the purpose of preparing the volunteer to perform emergency services.

(2) A public body shall defend, save harmless and indemnify a qualified emergency service volunteer as required by ORS 30.285 for any tort claim arising out of an act or omission described in subsection (1) of this section. [2009 c.718 §4; 2021 c.539 §79]

401.365 [Formerly 401.205; repealed by 2009 c.718 §6]

401.368 Workers’ compensation benefits. (1) The Oregon Department of Emergency Management shall provide workers’ compensation coverage for qualified emergency service volunteers who are injured in the course and scope of performing emergency service activities under the direction of a public body if the injury occurs:

(b) While the volunteer is engaged in training being conducted or approved by a public body for the purpose of preparing the volunteer to perform emergency services.

(2) Workers’ compensation coverage shall be provided under this section in the manner provided by ORS 656.039. [2009 c.718 §5; 2021 c.539 §37]

401.370 [Amended by 1953 c.394 §10; repealed by 1983 c.586 §49]

401.375 [Formerly 401.210; repealed by 2009 c.718 §6]

401.378 Leaves of absence for disaster relief or recovery volunteers; requirements; maximum period; effect on status of employees. State agencies and political subdivisions described in ORS 243.853 (2) to (6) may grant leaves of absence to any public employee who volunteers to participate in disaster relief or recovery services in the State of Oregon. Cumulative leave granted shall not exceed 15 work days in any 12-month period. Such leave granted shall not result in a loss of compensation, seniority, vacation time, sick leave or accrued overtime for which the employee is otherwise eligible. Compensation to an employee granted leave under this section shall be at the employee’s regular rate of pay for those regular work hours during which the employee is absent from work. [Formerly 401.485; 2023 c.427 §5]

401.380 [1953 c.394 §8; 1959 c.403 §1; 1983 c.586 §39; renumbered 401.535]

401.385 [Formerly 401.215; 1989 c.361 §9; 1993 c.187 §11; repealed by 2009 c.718 §6]

401.395 [Formerly 401.220; 1993 c.187 §12; 2007 c.70 §157; repealed by 2009 c.718 §6]

401.405 [Formerly 401.225; repealed by 2009 c.718 §6]

401.410 [1967 c.480 §1; repealed by 1983 c.586 §49]

401.415 [Formerly 401.230; repealed by 2009 c.718 §6]

401.420 [1967 c.480 §2; repealed by 1983 c.586 §49]

401.425 [Formerly 401.235; 1993 c.187 §13; 2007 c.740 §28; repealed by 2009 c.718 §6]

401.430 [1967 c.480 §3; repealed by 1983 c.586 §49]

401.435 [Formerly 401.240; 1993 c.187 §14; repealed by 2009 c.718 §6]

401.440 [1967 c.480 §4; repealed by 1983 c.586 §49]

401.445 [Formerly 401.245; 1993 c.187 §15; 2007 c.740 §29; repealed by 2009 c.718 §6]

401.450 [1967 c.480 §5; repealed by 1983 c.586 §49]

401.455 [Formerly 401.250; repealed by 2009 c.718 §6]

401.460 [1967 c.480 §6; repealed by 1983 c.586 §49]

401.465 [Formerly 401.255; 1993 c.187 §16; repealed by 2009 c.718 §6]

401.470 [1967 c.480 §7; repealed by 1983 c.586 §49]

401.480 [1983 c.586 §15; renumbered 402.010 in 2009]

401.485 [1995 c.70 §1; renumbered 401.378 in 2009]

401.490 [1983 c.586 §16; 2009 c.718 §45; renumbered 402.015 in 2009]

401.500 [1983 c.586 §17; renumbered 402.020 in 2009]

FUNDING OF EMERGENCY SERVICES

401.505 Acceptance of aid for emergency services. Whenever any organization, agency, person, firm, corporation or officer thereof offers to the state or to any county or city, services, equipment, supplies, material or funds by way of gift, grant or loan for purposes of emergency program management or emergency services, the state, acting through the Governor, or the county or city, acting through its executive officer or governing body, may accept the offer. Upon acceptance, the Governor or executive officer or governing body of a county or city, as the case may be, may authorize any officer thereof to receive the services, equipment, supplies, materials or funds on behalf of the state, county or city, subject to the terms of the offer and any rules of the agency making the offer. [1983 c.586 §19]

401.510 [Repealed by 1983 c.586 §49]

401.515 [1983 c.586 §20; 2005 c.825 §12; repealed by 2009 c.718 §6]

401.520 [Repealed by 1983 c.586 §49]

401.525 Use of moneys and property for emergency services authorized. (1) The expenditure of necessary money and use of state property by any agency in performing duties in an emergency is authorized. Moneys so expended shall be deemed an administrative expense of the agency.

(2) If the Governor finds that funds regularly appropriated to state and local governments are not sufficient to cope with a particular emergency, the Governor may, with the concurrence of the Joint Committee on Ways and Means or the Emergency Board, when the Legislative Assembly is not in session, transfer and expend moneys appropriated for other purposes. [1983 c.586 §21]

401.530 [Amended by 1983 c.586 §39a; renumbered 401.115]

401.532 Oregon Pre-Disaster Mitigation Fund; rules. (1) The Oregon Pre-Disaster Mitigation Fund is established in the State Treasury, separate and distinct from the General Fund. Moneys received from federal grants for pre-disaster mitigation efforts shall be deposited into the Oregon Pre-Disaster Mitigation Fund. Moneys in the fund are continuously appropriated to the Oregon Department of Emergency Management to be used to:

(a) Help state agencies and local government units with Federal Emergency Management Agency approved mitigation plans in this state prior to the occurrence of natural disasters; and

(b) Ensure, to the extent possible, that state and local agencies and officials are prepared to respond to threats of human-caused disaster, including but not limited to acts of terrorism.

(2) The Oregon Pre-Disaster Mitigation Fund may receive gifts, grants, bequests, endowments and donations from public and private sources for purposes related to the fund.

(3) The Oregon Department of Emergency Management shall adopt rules for the disbursement of moneys from the Oregon Pre-Disaster Mitigation Fund. [2008 c.18 §4; 2022 c.55 §3]

Note: 401.532 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.534 Oregon Disaster Response Fund; rules. (1) The Oregon Disaster Response Fund is established in the State Treasury, separate and distinct from the General Fund. Moneys received from federal grants for disaster response efforts shall be deposited into the Oregon Disaster Response Fund. Moneys in the fund are continuously appropriated to the Oregon Department of Emergency Management to be used to:

(a) Help state agencies and local government units with immediate disaster response and recovery efforts related to federally declared disasters in this state; and

(b) Implement long-term hazard mitigation measures after a federally declared disaster in this state during the period of immediate recovery from the disaster.

(2) The Oregon Disaster Response Fund may receive gifts, grants, bequests, endowments and donations from public and private sources for purposes related to the fund.

(3) The department shall adopt rules for the disbursement of moneys from the Oregon Disaster Response Fund.

(4) If there are expenditures from the Oregon Disaster Response Fund, the Director of the Oregon Department of Emergency Management shall report to the Emergency Board, or to the Legislative Assembly if it is in session, on:

(a) The nature and severity of the disaster;

(b) The actual and projected deposits into the fund;

(d) The nature of in-kind donations received; and

(e) The rationale for expenditures and allocation of payments to state agencies and local government units.

(5) Following the final expenditure for a particular disaster, the director shall issue a final report to the Emergency Board, or to the Legislative Assembly if it is in session. The report must include an aggregate description of the factors described in subsection (4) of this section. [2008 c.18 §5; 2021 c.539 §39]

Note: 401.534 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.535 [Formerly 401.380; 1993 c.187 §17; 2005 c.755 §30; 2007 c.740 §30; repealed by 2008 c.18 §7]

401.536 Oregon Local Disaster Assistance Loan and Grant Account; Local Disaster Assistance Review Board; rules. (1) The Oregon Local Disaster Assistance Loan and Grant Account is established as an account in the Oregon Disaster Response Fund. The account consists of moneys appropriated by the Legislative Assembly and any other moneys deposited into the account pursuant to law.

(2) Moneys in the account are continuously appropriated to the Oregon Department of Emergency Management for:

(a) Providing loans to qualified recipients to match, either in full or in part, moneys from federal programs for federally declared disaster relief that require a match;

(b) Providing loans and grants to qualified recipients, for the purpose of paying costs incurred by qualified recipients in response to federally declared disasters;

(c) Providing loans and grants to qualified recipients for the purposes of paying costs incurred by qualified recipients in response to disasters that are not federally declared disasters, as determined by the Legislative Assembly, if all loans and grants provided under paragraphs (a) and (b) of this subsection have been repaid, fulfilled or otherwise satisfied and moneys remain in the account; and

(d) Subject to subsection (5) of this section, paying the department’s expenses for administering loans made from the account under paragraph (a) of this subsection.

(3) Loans made under subsection (2)(b) or (c) of this section shall be repaid pursuant to such terms and conditions as may be established by the Oregon Department of Administrative Services. Loans made under subsection (2)(b) or (c) of this section may be interest free, or bear interest at a rate established by the Oregon Department of Administrative Services. Amounts repaid on loans made under subsection (2)(b) or (c) of this section shall be deposited in the General Fund.

(4) The Oregon Department of Emergency Management shall deposit into the account any amounts repaid on loans made under subsection (2)(a) of this section.

(5) The department may not charge the account more than five percent of the maximum amount in the account during a biennium for administrative expenses attributable to a loan made under subsection (2)(a) of this section.

(6) An applicant may apply to the department for a loan under subsection (2)(a) of this section. The department shall consider the application, make a recommendation and submit the application and recommendation to the Local Disaster Assistance Review Board established under subsection (7) of this section.

(7) The department shall establish a Local Disaster Assistance Review Board to:

(a) Review the recommendations of the department regarding loans under subsection (2)(a) of this section;

(b) Approve, by a majority vote of members, the amount of any loan under subsection (2)(a) of this section; and

(c) Approve, by a majority vote of members, the terms and conditions of any loan under subsection (2)(a) of this section.

(8) The review board shall include:

(a) Three members of county governing bodies, with at least one member representing a county from east of the crest of the Cascade Mountains, with membership determined by the Association of Oregon Counties;

(b) Three members of city governing bodies, with at least one member representing a city from east of the crest of the Cascade Mountains, with membership determined by the League of Oregon Cities;

(d) A representative of the department;

(e) A representative of school districts, with membership determined by the Oregon School Boards Association;

(f) A representative of special districts, with membership determined by the Special Districts Association of Oregon;

(g) A representative of the Oregon Department of Administrative Services; and

(h) Two additional members determined jointly by the department, the Association of Oregon Counties and the League of Oregon Cities.

(9) The Oregon Department of Emergency Management shall adopt rules establishing:

(a) A loan application process and application forms for loans under subsection (2)(a) of this section;

(b) Reasonable financial terms and conditions for loans under subsection (2)(a) of this section, including interest and the repayment of the loans;

(d) The maximum amount an applicant for a loan under subsection (2)(a) of this section may receive;

(e) The methodology the department will use for charging the account for administrative expenses; and

(f) Procedures for submission of recommendations to the review board for loans under subsection (2)(a) of this section.

(10) The department shall provide staff support for the review board.

(11) As used in this section, “qualified recipient” means a local government, as defined in ORS 174.116, a school district or another entity that meets eligibility criteria for post-disaster grants offered by the Federal Emergency Management Agency. [2008 c.18 §6; 2012 c.107 §98; 2013 c.722 §35; 2021 c.539 §40; 2022 c.76 §§5,6]

Note: 401.536 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.537 [1991 c.310 §4; renumbered 455.448 in 1995]

401.538 [2001 c.366 §1; renumbered 401.900 in 2009]

401.539 [1991 c.310 §5; renumbered 455.449 in 1995]

401.540 [Repealed by 1983 c.586 §49]

401.541 Oregon Disaster Response Assistance Matching Fund; rules. (1) The Oregon Disaster Response Assistance Matching Fund is established in the State Treasury, separate and distinct from the General Fund. The Oregon Disaster Response Assistance Matching Fund consists of moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise. Moneys in the fund are continuously appropriated to the Oregon Department of Emergency Management for the purposes specified in subsections (2) and (3) of this section.

(2) When the receipt of federal grants or other federal aid related to disaster response is conditioned on the contribution of matching funds by the recipient, the department may provide grants from the fund to local governments to be used to contribute such matching funds.

(3) The department may provide grants from the fund to local governments in order to assist or support disaster response efforts.

(4) The department may adopt rules necessary for the administration of this section.

(5) As used in this section, “local government” has the meaning given that term in ORS 174.116. [2023 c.427 §1]

Note: 401.541 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.543 [2001 c.366 §2; renumbered 401.902 in 2009]

401.546 [2001 c.366 §3; renumbered 401.904 in 2009]

401.550 [1983 c.586 §23; 1993 c.18 §93; 2009 c.718 §25; renumbered 404.100 in 2009]

401.551 Emergency preparedness equipment grant program; rules. (1) As used in this section:

(a) “Emergency” has the meaning given that term in ORS 401.025.

(b) “Maintain” means to repair, perform upkeep on and otherwise keep in good working condition.

(A) May be used to decrease the risk to life and property resulting from an emergency; and

(B) Qualifies as a capital asset eligible for financing with tax-exempt bonds.

(d) “Qualified applicant” means an entity that has responsibility for or expertise in emergency preparedness and that is a local government, a special government body, a federally recognized Indian tribe in Oregon or a private organization qualified for federal tax-exempt status under section 501(c)(3) of the Internal Revenue Code.

(e) “Recipient” means an entity that applies for and receives preparedness equipment, or funds to purchase preparedness equipment, under the grant program described in subsection (3) of this section.

(f) “Tax-exempt bond” means a bond, as defined in ORS 286A.001, the receipt of interest on which is excluded from gross income under the Internal Revenue Code or that is eligible for a federal interest subsidy payment or other tax-advantaged status.

(2)(a) The Oregon Homeland Security Council shall develop a list of preparedness equipment that is needed throughout this state to address deficiencies in the ability of the state to respond to local and regional emergencies.

(b) In developing, updating and revising the list, the council shall consult and coordinate with the Oregon Department of Emergency Management and with county officials who are responsible for emergency management.

(c) The council shall assign a priority level to each type of preparedness equipment on the list as described in this paragraph:

(A) Preparedness equipment that is necessary, in the determination of the council, to equip urban search and rescue teams must be included in the highest priority level.

(B) In assigning priority levels to other types of preparedness equipment, the council shall take into consideration, without limitation, the types of emergency that are most likely to occur in different regions of this state and the types of preparedness equipment that offer the highest ratio of utility to cost.

(d) The council shall periodically update and revise the list, including the assigned priority levels.

(3) The Oregon Department of Emergency Management shall develop and administer a grant program to distribute preparedness equipment, or funds to purchase preparedness equipment, to recipients throughout this state. Pursuant to the grant program:

(a) Qualified applicants may request preparedness equipment that is identified on the list described in subsection (2) of this section. Applicants must demonstrate a need for the specific preparedness equipment requested, the ability to maintain the preparedness equipment and the ability to use the preparedness equipment to address deficiencies in local or regional emergency preparedness.

(b) The department shall identify which requests from applicants, if fulfilled, will maximize the state’s ability to respond to an emergency, taking into account considerations that include but are not limited to:

(A) The level of priority assigned to the requested preparedness equipment type pursuant to subsection (2) of this section;

(B) The level of need for the requested preparedness equipment as demonstrated by the applicant;

(D) The types of emergency most likely to occur in the region where the applicant is located; and

(E) Whether the applicant has an alternative means of acquiring the requested preparedness equipment.

(c)(A) Subject to subparagraph (B) of this paragraph, the department shall issue grants to applicants identified under paragraph (b) of this subsection after entering into grant agreements with the applicants as provided in paragraph (e) of this subsection. The department may either purchase the requested preparedness equipment for distribution to a recipient or disburse funds to the recipient for the purchase of the requested preparedness equipment.

(B) For the purpose of equipping urban search and rescue teams, the department shall prioritize requests made by applicants that are capable, at the time of application, of deploying urban search and rescue teams.

(d) The Public Contracting Code does not apply to the acquisition of preparedness equipment by the department or by a recipient pursuant to this section. When acquiring preparedness equipment pursuant to this section, the department and recipients shall use procurement methods that are impartial and transparent to the greatest extent feasible and are designed to maximize value to the State of Oregon.

(e) The department may not disburse preparedness equipment or funds under this section unless the department and the intended recipient first enter into a grant agreement. The grant agreement:

(A) Shall require the recipient to maintain the preparedness equipment.

(B) Shall provide that, if a recipient fails to adequately maintain preparedness equipment, the recipient must relinquish possession of the preparedness equipment or reimburse the department for the cost of the preparedness equipment.

(C) Shall specify that the department may conduct periodic inspections of the preparedness equipment as described in paragraph (f) of this subsection.

(D) Shall specify that preparedness equipment distributed to the recipient remains the property of the department until it is fully depreciated under governmental accounting principles, after which the department may offer the preparedness equipment for sale to the recipient at its fair market value at the time of sale.

(E) May permit the recipient to use the preparedness equipment for any purpose, governmental or otherwise, that is permissible for assets financed with tax-exempt bonds, including nonemergency purposes.

(F) Shall require private organizations to obtain approval from the department before making any use of preparedness equipment that is outside the scope of the purpose of the private organization as stated in the formation documents or bylaws of the organization.

(G) Shall require the recipient to take action or refrain from action as necessary to maintain federal tax benefits related to any tax-exempt bonds that are used to fund the grant and to indemnify the State of Oregon for any costs, expenses or liability due to loss of such federal tax benefits caused by action or inaction of the recipient.

(f) The department shall conduct periodic inspections of preparedness equipment distributed or purchased through the grant program to ensure that recipients are adequately maintaining the preparedness equipment. If the department finds that any preparedness equipment is not adequately maintained, the department may take possession of the preparedness equipment or require the recipient to reimburse the department for the cost of the preparedness equipment.

(g) The department may transfer between recipients, dispose of or otherwise manage the preparedness equipment as the department determines is in the best interests of meeting the emergency preparedness needs of the State of Oregon. If the department disposes of preparedness equipment for any reason, including sale to a recipient as provided in paragraph (e)(D) of this subsection, the department shall deposit any moneys it receives from the disposal in the Resiliency Grant Fund established under ORS 401.552.

(4) On or before December 31 of each year, the department shall submit a report to the Legislative Assembly and to the Oregon Homeland Security Council that describes the administration and effectiveness of the grant program established under this section and the current prioritized list of preparedness equipment types.

(5) The department shall adopt rules to administer and implement the provisions of this section. [2017 c.657 §1; 2019 c.89 §1; 2021 c.454 §2; 2021 c.539 §38a]

Note: 401.551 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.552 Resiliency Grant Fund. The Resiliency Grant Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Resiliency Grant Fund must be credited to the fund. The Resiliency Grant Fund consists of moneys deposited in the fund under ORS 401.551 and may include moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise and interest earned on moneys in the fund. The moneys in the fund are continuously appropriated to the Oregon Department of Emergency Management for the purposes specified in ORS 401.551. [2017 c.657 §2; 2021 c.539 §41]

Note: 401.552 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.555 [Formerly 835.075; 2007 c.740 §31; renumbered 404.105 in 2009]

401.560 [1983 c.586 §25; 1993 c.187 §18; 2007 c.530 §1; 2009 c.718 §21; renumbered 404.110 in 2009]

401.570 [1983 c.586 §24; 1993 c.187 §19; 2009 c.718 §22; renumbered 404.115 in 2009]

401.573 [1985 c.470 §2; 1993 c.18 §94; 1993 c.187 §20; 2007 c.530 §2; renumbered 404.120 in 2009]

401.576 [1985 c.470 §3; 1993 c.187 §21; 2007 c.530 §3; renumbered 404.125 in 2009]

401.580 [1983 c.586 §26; 1993 c.187 §22; 2009 c.718 §46; renumbered 404.130 in 2009]

401.582 [2007 c.530 §4; renumbered 404.135 in 2009]

401.584 [2007 c.530 §5; renumbered 404.250 in 2009]

401.590 [1995 c.570 §1; 2009 c.718 §33; renumbered 404.270 in 2009]

401.600 [1975 c.624 §4; repealed by 1983 c.586 §49]

401.605 [1987 c.915 §1; 1993 c.18 §95; renumbered 404.300 in 2009]

401.610 [1975 c.624 §5; repealed by 1983 c.586 §49]

401.615 [1987 c.915 §2; renumbered 404.305 in 2009]

401.620 [1975 c.624 §6; renumbered 401.335]

401.625 [1987 c.915 §4; renumbered 404.310 in 2009]

401.627 [1987 c.915 §3; 2007 c.530 §8; renumbered 404.315 in 2009]

401.630 [1975 c.624 §7; renumbered 401.125]

401.635 [1987 c.915 §5; 1993 c.18 §96; repealed by 2007 c.530 §7]

401.638 [2005 c.651 §1; renumbered 401.930 in 2009]

401.639 [2005 c.651 §2; renumbered 401.932 in 2009]

401.640 [1975 c.624 §11; renumbered 401.135]

401.641 [2005 c.651 §3; 2009 c.718 §47; renumbered 401.935 in 2009]

401.643 [2005 c.651 §4; renumbered 401.938 in 2009]

401.645 [2005 c.651 §5; renumbered 401.940 in 2009]

401.650 [1975 c.624 §§8,9,10; renumbered 401.145]

EMERGENCY HEALTH CARE SERVICES

401.651 Definitions for ORS 401.651 to 401.670. As used in ORS 401.651 to 401.670:

(1) “Health care facility” means a health care facility as defined in ORS 442.015 that has been licensed under ORS chapter 441.

(2) “Health care provider” means:

(a) An individual licensed, certified or otherwise authorized or permitted by the laws of this state or another state to administer health care services in the ordinary course of business or practice of a profession; and

(b) A person entered in the emergency health care provider registry under ORS 401.658.

(3) “Health professional regulatory board” means a health professional regulatory board, as defined in ORS 676.160, the Long Term Care Administrators Board, the Board of Licensed Dietitians and the Behavior Analysis Regulatory Board. [2003 c.298 §2; 2009 c.382 §1; 2011 c.89 §3; 2017 c.101 §10; 2018 c.61 §13]

401.654 Registry of emergency health care providers; rules. (1) The Oregon Health Authority may establish an emergency health care provider registry that includes emergency health care providers who are available to provide health care services during an emergency or crisis. As a condition of inclusion in the registry, the authority may require:

(a) Training related to the provision of health care services in an emergency or crisis as a condition of registration; and

(b) Criminal background checks for applicants and persons who have been registered.

(2) The authority shall issue identification cards to health care providers entered in the emergency health care provider 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, or previously held by the health care provider if the health care provider is entered in the emergency health care provider registry under ORS 401.658; and

(d) Identify the health care provider’s usual area of practice, and the types of health care that the health care provider is authorized to provide, if that information is available and the authority determines that it is appropriate to provide that information.

(3) The authority by rule shall establish a form for identification cards issued under subsection (2) of this section.

(4) The authority shall support and provide assistance to the Oregon Department of Emergency Management in emergencies or crises involving the public health or requiring emergency medical response.

(5) The authority may enter into agreements with other states to facilitate the registry of out-of-state health care providers in the emergency health care provider registry established under this section. [2003 c.298 §3; 2009 c.595 §227; 2009 c.828 §1; 2011 c.89 §4; 2021 c.539 §44]

401.655 Practice by out-of-state health care provider during emergency. During a state of emergency declared under ORS 401.165 or a state of public health emergency declared under ORS 433.441, a health care provider who is licensed, certified or otherwise authorized or permitted by the laws of another state to administer health care services and who is registered under ORS 401.654 may administer health care services in this state as if the health care provider were licensed in this state. [2009 c.382 §4; 2021 c.539 §80]

401.656 Provision of health care services by members of Oregon National Guard during emergency. When the Governor declares a state of emergency under ORS 401.165 or a public health emergency under ORS 433.441, the Governor, as part of the declaration of emergency, may authorize members of the Oregon National Guard on state active duty or Title 32 orders to provide health care services in Oregon without being subject to the Oregon licensing requirements for health care providers, provided that each member is qualified by virtue of the member’s military duty position, training and qualifications to perform the same or similar functions as an Oregon licensed health care provider for the Armed Forces of the United States under either state or federal status. [2009 c.346 §1; 2013 c.81 §27]

Note: 401.656 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.657 Emergency health care facility; emergency operations plan; credentialing plan; rules. (1) The Oregon Health Authority may designate all or part of a health care facility or other location as an emergency health care center. If the Governor declares a state of emergency under ORS 401.165, or declares a state of public health emergency under ORS 433.441, emergency health care centers may be used for:

(a) Evaluation and referral of individuals affected by the emergency;

(b) Provision of health care services; and

(2) The Oregon Health Authority may enter into cooperative agreements with a local public health authority, as defined in ORS 431.003, that allow the local public health authority to designate emergency health care centers under this section.

(3) An emergency health care center designated under this section must have an emergency operations plan and a credentialing plan that governs the use of emergency health care providers registered under ORS 401.654 and other health care providers who volunteer to perform health care services at the center under ORS 401.651 to 401.670. The emergency operations plan and credentialing plan must comply with rules governing those plans adopted by the Oregon Health Authority. [2003 c.298 §4; 2007 c.445 §39; 2009 c.595 §228; 2009 c.718 §7; 2015 c.736 §55; 2021 c.539 §81]

401.658 Provision of health care services by former health care provider during emergency; rules. (1) The Oregon Health Authority may include in the emergency health care provider registry established under ORS 401.654 a person who was previously licensed, certified or otherwise authorized to provide health care services in Oregon by a health professional regulatory board if:

(a) The person was licensed, certified or otherwise authorized to provide health care services not more than 10 years before entry in the registry; and

(b) The person meets such other criteria as may be established by the authority.

(2) Notwithstanding any other law prohibiting a person from providing health care services without a license, certificate or other authorization from a health professional regulatory board, a person entered in the emergency health care provider registry under subsection (1) of this section may provide health care services during a state of emergency declared under ORS 401.165 or a state of public health emergency declared under ORS 433.441 without a license, certification or other authorization if:

(a) The person is in compliance with all rules adopted by the authority for persons providing health care services under this section; and

(b) The authority has directed the person to provide health care services under ORS 401.661 (1).

(3) The authority may adopt rules, after consulting with the appropriate health professional regulatory boards, that establish criteria and requirements for including persons in the emergency health care provider registry under this section, including but not limited to:

(a) Educational requirements;

(b) Training requirements;

(d) Verification that the previous licenses, certifications or other authorization of the person was not revoked by reason of unprofessional conduct or any other reason that would affect the person’s ability to safely provide health care services; and

(e) Limitations on the type of health care services that may be provided by the person under this section and the places at which those services may be provided. [2011 c.89 §2; 2021 c.539 §82]

401.660 [1975 c.624 §12; 1983 c.586 §40; renumbered 401.155]

401.661 Provision of health care services after declaration of emergency. If the Governor declares a state of emergency under ORS 401.165 or declares a state of public health emergency under ORS 433.441:

(1) The Oregon Health Authority, in conjunction with the Department of Human Services for facilities licensed by the department, may direct emergency health care providers registered under ORS 401.654 who are willing to provide health care services to proceed to any place in this state where health care services are required by reason of the emergency or crisis;

(2) Pursuant to the Emergency Management Assistance Compact and the Pacific Northwest Emergency Management Arrangement, the Oregon Health Authority may direct emergency health care providers registered under ORS 401.654 who are willing to provide health care services in another state to proceed to another state where emergency health care services are required by reason of an emergency in that state; and

(3) Any emergency health care provider registered under ORS 401.654 or other health care provider may volunteer to perform health care services described in ORS 401.657 at any emergency health care center or health care facility in the manner provided by ORS 401.664. [2003 c.298 §5; 2007 c.445 §40; 2009 c.595 §229; 2009 c.718 §8; 2011 c.89 §5; 2021 c.539 §83]

401.664 Emergency operations plan; credentialing plans. (1) Emergency health care providers registered under ORS 401.654 and other health care providers who volunteer to perform health care services under ORS 401.651 to 401.670 must provide those services in accordance with the emergency operations plan and credentialing plan adopted by the emergency health care center or by the health care facility at which the services are rendered.

(2) An emergency health care center or health care facility may determine the services to be provided by any emergency health care provider registered under ORS 401.654 or other health care provider who volunteers to perform health care services under ORS 401.651 to 401.670. [2003 c.298 §6]

401.667 Coverage under Oregon Tort Claims Act. (1) If the Governor declares a state of emergency under ORS 401.165, or declares a state of public health emergency under ORS 433.441, emergency health care providers registered under ORS 401.654 and other health care providers who volunteer to perform health care services under ORS 401.651 to 401.670 are agents of the state under ORS 30.260 to 30.300 for the purposes of any claims arising out of services that are provided under ORS 401.651 to 401.670 pursuant to directions from a public body and that are within the course and scope of the health care provider’s duties, without regard to whether the health care provider is compensated for the services.

(2) If the Governor declares a state of emergency under ORS 401.165, or declares a state of public health emergency under ORS 433.441, health care facilities designated under ORS 401.657 and other persons operating emergency health care centers designated under ORS 401.657 are agents of the state under ORS 30.260 to 30.300 for the purposes of any claims arising out of services that are provided through those centers or facilities under ORS 401.651 to 401.670 pursuant to directions from a public body and that are within the course and scope of the duties of the health care facility or other person, without regard to whether the health care facility or other person is compensated for the services.

(3) An emergency health care provider registered under ORS 401.654 participating in training authorized by the Oregon Health Authority under ORS 401.651 to 401.670 is an agent of the state under ORS 30.260 to 30.300 for the purposes of any claims arising out of that training.

(4) The provisions of subsection (2) of this section apply only to emergency health care centers or health care facilities that have adopted emergency operations plans and credentialing plans that govern the use of emergency health care providers registered under ORS 401.654 and other health care providers who volunteer to perform health care services under ORS 401.651 to 401.670. An emergency operations plan and a credentialing plan must comply with rules governing those plans adopted by the authority. [2003 c.298 §7; 2009 c.595 §230; 2009 c.718 §9; 2021 c.539 §84]

401.670 Rules. The Oregon Health Authority shall adopt all rules necessary for the implementation of ORS 401.651 to 401.670. [2003 c.298 §8; 2009 c.595 §231]

DISASTER OR EMERGENCY RELATED WORK CONDUCTED BY OUT-OF-STATE BUSINESSES

401.680 Legislative findings. The Legislative Assembly finds that:

(1) During times of storm, flood, fire, earthquake, hurricane or other disaster or emergency, many businesses bring resources, property and personnel from other states throughout the United States into Oregon on a temporary basis to expedite the often enormous and overwhelming task of cleaning up, restoring and repairing damaged buildings, equipment and property or deploying or building replacement facilities in this state.

(2) This may involve the need for out-of-state businesses, including out of-state affiliates of businesses based in this state, to bring in resources, property or personnel that previously have had no connection to this state, to perform activities in this state including repairing, renovating, installing, building, rendering services or performing other business activities and for which personnel may be located in this state for extended periods of time to perform these activities.

(3) While operating in this state on a temporary basis solely for purposes of helping this state recover from a disaster or emergency, these businesses and individual employees should not be burdened by any requirements for business and employee taxes as a result of activities in this state for a temporary period.

(4) This state’s nexus and residency thresholds are intended for businesses and individuals that are in this state as part of the conduct of regular business operations or that intend to reside in this state and are not directed at businesses and individuals coming into this state on a temporary basis to provide assistance in response to a declared state of emergency or declared major disaster.

(5) To ensure that businesses may focus on quick response to the needs of this state and its residents during a declared disaster or emergency, it is appropriate for the Legislative Assembly to deem that this activity for a reasonable period of time before, during and after the disaster or emergency for repairing and restoration of the often devastating damage to critical infrastructure in this state as defined in ORS 401.685 does not establish presence, residency, doing business in this state or any other criteria for purposes of state and local taxes or licensing and regulatory requirements. [2015 c.468 §1]

Note: 401.680 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.685 Definitions. As used in ORS 401.685 to 401.695:

(1) “Critical infrastructure” means property and equipment owned or used by communications networks, electric generation, transmission and distribution systems, gas distribution systems, water pipelines and related support facilities that service multiple customers or citizens, including real and personal property such as buildings, offices, lines, poles, pipes, structures and equipment.

(2) “Declared disaster or emergency” means a major disaster or emergency declared to exist in this state by the President of the United States or a state of emergency declared by the Governor as provided in ORS 401.165.

(3) “Disaster or emergency related work” means repairing, renovating, installing, building or rendering other services to critical infrastructure that has been damaged, impaired or destroyed as a direct result of a declared disaster or emergency.

(4) “Disaster response period” means a period that begins 10 days prior to the date that the Governor declares a state of emergency, or the date that the President of the United States declares an emergency or major disaster, whichever occurs first, and that extends 60 calendar days after the date of the termination of the declared disaster or emergency, or any longer period authorized by the Governor.

(5) “Out-of-state business” means a foreign business entity that, except for disaster or emergency related work, transacts no business in this state and the services of which are requested by a registered business or by a state or local government entity for purposes of performing disaster or emergency related work in this state.

(6) “Out-of-state employee” means an individual who prior to the declared disaster or emergency resides outside this state and performs no work in this state, except for disaster or emergency related work performed during the disaster response period.

(7) “Registered business” means a business entity that is registered with or authorized by the Secretary of State to transact business in this state as of the date immediately prior to the declared disaster or emergency. [2015 c.468 §3]

401.690 Exemption from certain taxes, registration and licensing requirements. (1) Disaster or emergency related work conducted by an out-of-state business may not be used as the sole basis for:

(a) Notwithstanding ORS 317.018 and 317.080, a finding that the out-of-state business is doing business in this state;

(b) Imposition of the taxes imposed under ORS 314.725 or ORS chapter 316 or 317;

(c) Notwithstanding ORS 60.704, 63.704, 65.704, 67.705 and 70.355, a requirement that the out-of-state business register with or obtain authority to transact business from the Secretary of State during the disaster response period; or

(d) A requirement that the out-of-state business or an out-of-state employee comply with state or local business or professional licensing or registration requirements or state and local taxes or fees including unemployment insurance, state or local occupational licensing fees and ad valorem tax on equipment brought into this state for use during the disaster response period and subsequently removed from this state.

(2) For purposes of any state or local tax on or measured by, in whole or in part, net or gross income or receipts, all activity of the out-of-state business that is conducted in this state, or equipment brought into this state, pursuant to ORS 401.685 to 401.695 shall be disregarded with respect to the filing requirements of ORS 317.710 and 317.715 and the apportionment provisions of ORS 314.605 to 314.675. Receipts from disaster or emergency related work may not be sourced to and may not otherwise impact or increase the amount of income, revenue or receipts apportioned to this state.

(3) For purposes of ORS chapter 316, an out-of-state employee is not taxed as a resident, nonresident or part-year resident and is not considered to have established domicile or residence in this state. Wages paid for disaster or emergency related work are not subject to the withholding provisions of ORS 316.162 to 316.221.

(4) Out-of-state businesses and out-of-state employees shall be required to pay transaction taxes and fees including fuel taxes, transient lodging taxes, car rental taxes or applicable fees during the disaster response period, unless an exemption applies to the taxes or fees during the disaster response period.

(5) Any out-of-state business that transacts business in this state or out-of-state employee who remains in this state after the end of the disaster response period will become subject to this state’s normal standards for establishing domicile or residency or doing business in this state and will become responsible for any business or employee tax requirements that ensue.

(6) ORS 401.990 does not apply to ORS 401.685 to 401.695. [2015 c.468 §4]

Note: Section 1, chapter 203, Oregon Laws 2019, provides:

Sec. 1. Notwithstanding ORS 315.037, ORS 401.690 applies to all tax years beginning on or after January 1, 2016. [2019 c.203 §1]

401.695 Reporting by registered business to Oregon Department of Administrative Services. (1) A registered business that requests services of an out-of-state business that enters this state pursuant to ORS 401.685 to 401.695 shall provide to the Oregon Department of Administrative Services a statement that the out-of-state business entered or remained in this state for purposes of responding to a disaster or emergency. The registered business shall provide the statement within 30 days of any out-of-state business entering this state. The statement must include the name, state of domicile, principal business address, federal tax identification number, date of entry and contact information of the out-of-state business.

(2) An out-of-state business that, or an out-of-state employee who, remains in this state after the disaster response period has ended shall complete state and local registration, licensing and filing requirements that ensue as a result of establishing the requisite business presence, domicile or residency in this state applicable under the existing rules.

(3) The department shall provide to any state agency, upon request, information acquired by the department under this section. [2015 c.468 §5]

401.706 [2003 c.556 §1; 2009 c.203 §1; renumbered 403.100 in 2009]

401.710 [1981 c.533 §1; 1987 c.447 §125; 1987 c.525 §5; 1987 c.671 §15; 1989 c.793 §2; 1991 c.743 §1; 1993 c.187 §23; 1995 c.276 §1; 1999 c.1093 §13; 2007 c.70 §158; 2007 c.740 §32; 2009 c.203 §2; renumbered 403.105 in 2009]

401.715 [1989 c.793 §5; 1991 c.743 §2; 2009 c.203 §3; renumbered 403.110 in 2009]

401.720 [1981 c.533 §2; 1989 c.793 §8; 1991 c.743 §3; 1999 c.241 §1; 2009 c.203 §4; renumbered 403.115 in 2009]

401.730 [1981 c.533 §3; 1989 c.793 §9; 1991 c.743 §4; 2009 c.203 §5; renumbered 403.120 in 2009]

401.733 [1991 c.743 §24; 1993 c.808 §5; repealed by 1995 c.79 §205]

401.735 [1989 c.793 §9a; 1991 c.742 §12; repealed by 2009 c.203 §37]

401.740 [1981 c.533 §4; repealed by 1989 c.793 §17]

401.750 [1981 c.533 §5; 1987 c.447 §127; repealed by 1989 c.793 §17]

401.755 [1989 c.793 §4; 1991 c.743 §8; 2009 c.203 §7; renumbered 403.130 in 2009]

401.760 [1981 c.533 §6; 1989 c.793 §10; repealed by 1991 c.743 §22]

401.765 [1991 c.751 §2; 1999 c.1093 §14; 2003 c.382 §1; 2009 c.203 §8; renumbered 403.135 in 2009]

401.770 [1981 c.533 §7; 1985 c.633 §6; 1989 c.793 §11; 2009 c.203 §9; renumbered 403.140 in 2009]

401.773 [1989 c.793 §6; 1995 c.276 §11; 2007 c.70 §159; 2009 c.203 §10; renumbered 403.145 in 2009]

401.775 [1989 c.793 §7; 1991 c.743 §10; 2009 c.203 §11; renumbered 403.150 in 2009]

401.780 [1981 c.533 §8; 1989 c.793 §12; 1991 c.743 §11; 2009 c.203 §12; renumbered 403.155 in 2009]

401.785 [1991 c.743 §9; 1995 c.781 §42; 2003 c.598 §43; 2007 c.740 §33; 2009 c.203 §13; renumbered 403.160 in 2009]

401.790 [1981 c.533 §9; 1987 c.447 §128; 1989 c.793 §13; 2009 c.203 §14; renumbered 403.165 in 2009]

401.792 [1981 c.533 §10; 1989 c.793 §1; 1991 c.743 §12; 1993 c.808 §1; 1995 c.276 §2; 2001 c.740 §2; 2002 s.s.1 c.5 §1; 2009 c.203 §15; renumbered 403.200 in 2009]

401.794 [1981 c.533 §11; 1995 c.276 §3; renumbered 403.205 in 2009]

401.796 [1981 c.533 §12; 1991 c.743 §13; 1995 c.276 §4; renumbered 403.210 in 2009]

401.798 [1981 c.533 §13; 1991 c.743 §14; 1993 c.808 §2; 1995 c.276 §5; 2009 c.203 §16; renumbered 403.215 in 2009]

401.800 [1981 c.533 §14; 1982 s.s.1 c.16 §22; 1991 c.743 §15; 1993 c.808 §3; 1995 c.276 §6; 2009 c.203 §17; renumbered 403.220 in 2009]

401.802 [1981 c.533 §15; 1991 c.743 §16; 1995 c.276 §7; 2005 c.22 §268; 2009 c.203 §18; renumbered 403.225 in 2009]

401.804 [1981 c.533 §16; 1991 c.743 §17; 1995 c.276 §8; 1995 c.650 §53; 2009 c.203 §19; 2009 c.797 §7; renumbered 403.230 in 2009]

401.805 [1955 c.679 §1; 1967 c.595 §5; 1969 c.247 §3; 1975 c.379 §13; repealed by 1980 c.19 §6]

401.806 [1981 c.533 §17; 1991 c.743 §18; 1993 c.808 §4; 1995 c.276 §9; 2001 c.740 §2a; 2009 c.203 §20; 2009 c.885 §47; renumbered 403.235 in 2009]

401.807 [1987 c.671 §1; 1989 c.793 §21; renumbered 401.818 in 2003]

401.808 [1981 c.533 §18; 1987 c.218 §1; 1989 c.793 §14; 1991 c.743 §19; 1993 c.707 §11; 1995 c.276 §10; 2001 c.740 §2b; 2009 c.203 §21; 2009 c.758 §3; renumbered 403.240 in 2009]

401.810 [1955 c.679 §§2,3; repealed by 1980 c.19 §6]

401.812 [1987 c.671 §2; 1989 c.793 c.22; 1989 c.1063 §1; 1993 c.441 §1; renumbered 401.821 in 2003]

401.814 [1981 c.533 §20; 1989 c.793 §16; 1991 c.743 §21; 2001 c.740 §2c; 2009 c.203 §22; renumbered 403.245 in 2009]

401.815 [1955 c.679 §11; repealed by 1980 c.19 §6]

401.816 [2001 c.740 §6; renumbered 403.250 in 2009]

401.817 [1987 c.671 §5; renumbered 401.823 in 2003]

401.818 [Formerly 401.807; renumbered 403.300 in 2009]

401.820 [1955 c.679 §5; 1980 c.19 §3; renumbered 401.210]

401.821 [Formerly 401.812; 2009 c.203 §23; renumbered 403.305 in 2009]

401.822 [1987 c.671 §3; 1989 c.1063 §2; renumbered 403.310 in 2009]

401.823 [Formerly 401.817; renumbered 403.315 in 2009]

401.825 [1955 c.679 §18; 1967 c.595 §6; repealed by 1980 c.19 §6]

401.827 [1987 c.671 §6; 2009 c.203 §24; renumbered 403.320 in 2009]

401.830 [1955 c.679 §20; 1967 c.595 §7; 1980 c.19 §4; renumbered 401.215]

401.832 [1987 c.671 §4; 1989 c.1063 §3; 2009 c.203 §25; renumbered 403.325 in 2009]

401.833 [1989 c.1063 §5; 2009 c.203 §26; renumbered 403.330 in 2009]

401.834 [1989 c.1063 §6; 2009 c.203 §27; renumbered 403.335 in 2009]

401.835 [1955 c.679 §4; 1957 c.353 §1; 1973 c.466 §1; repealed by 1980 c.19 §6]

401.836 [1989 c.1063 §7; 2009 c.203 §28; renumbered 403.340 in 2009]

401.837 [1987 c.671 §7; renumbered 401.857]

401.838 [1989 c.1063 §8; 2009 c.203 §29; renumbered 403.345 in 2009]

401.839 [1989 c.1063 §9; 1995 c.79 §206; 1995 c.534 §17; 2009 c.203 §30; renumbered 403.350 in 2009]

401.840 [1955 c.679 §9; repealed by 1980 c.19 §6]

401.841 [1989 c.1063 §10; 2009 c.203 §31; renumbered 403.355 in 2009]

401.842 [1987 c.671 §8; 1989 c.793 §23; 2001 c.104 §139; 2003 c.802 §111; 2009 c.203 §32; renumbered 403.360 in 2009]

401.844 [1995 c.333 §36; 2007 c.783 §180; 2009 c.203 §33; renumbered 403.365 in 2009]

401.845 [1955 c.679 §10; repealed by 1980 c.19 §6]

401.847 [1987 c.671 §9; 1991 c.459 §396; 1995 c.333 §33; 2009 c.203 §34; renumbered 403.370 in 2009]

401.850 [1955 c.679 §§6,7; 1965 c.285 §80; repealed by 1980 c.19 §6]

WILDFIRE

401.851 Wildfire planning and coordination. (1) The Oregon Department of Emergency Management shall update its statewide emergency plan as necessary to prepare for or respond to wildfire emergencies on an area-wide or statewide basis. The plan developed by the department to prepare for or respond to wildfire emergencies shall include, but need not be limited to, wildfire risk mitigation efforts and evacuation planning.

(2) The department shall coordinate with cities, counties, adult foster homes, health care facilities and residential facilities, the Department of Human Services and the Oregon Health Authority to establish local or private procedures to prepare for emergencies related to wildfire and ensure that local efforts to prevent, respond to or recover from an emergency caused by wildfire are conducted in a manner consistent with the plan developed by the Oregon Department of Emergency Management to prepare for or respond to wildfire emergencies. The coordinated activities may include, but need not be limited to, providing training, carrying out exercises and promoting community education. [2021 c.592 §17]

Note: 401.851 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.852 [1989 c.1063 §11; 2001 c.138 §26; renumbered 403.375 in 2009]

401.855 [1955 c.679 §17; repealed by 1980 c.19 §6]

401.857 [Formerly 401.837; 2009 c.203 §36; renumbered 403.380 in 2009]

401.860 [1955 c.679 §8; repealed by 1980 c.19 §6]

401.861 [2005 c.819 §1; renumbered 401.950 in 2009]

401.863 [2005 c.819 §2; renumbered 401.952 in 2009]

401.864 [2005 c.819 §4; renumbered 401.955 in 2009]

401.865 [1955 c.679 §12; 1967 c.335 §48; 1967 c.637 §§9,9a; repealed by 1980 c.19 §6]

401.870 [1955 c.679 §15; repealed by 1980 c.19 §6]

401.871 [2005 c.825 §3; 2007 c.740 §34; 2009 c.454 §1; 2009 c.595 §232; renumbered 403.450 in 2009]

401.872 [2005 c.825 §4; 2007 c.740 §35; renumbered 403.455 in 2009]

401.874 [2005 c.825 §5; 2007 c.740 §36; renumbered 403.460 in 2009]

401.875 [1955 c.679 §21; repealed by 1980 c.19 §6]

401.880 [1955 c.679 §19; repealed by 1980 c.19 §6]

401.881 [2005 c.825 §8; renumbered 401.109 in 2009]

401.885 [1955 c.679 §16; repealed by 1980 c.19 §6]

401.890 [1955 c.679 §14; repealed by 1980 c.19 §6]

EARTHQUAKES

(Drills)

401.900 State and local agency earthquake drills; rules. (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.

(2) The state or local agency shall conduct the drills annually in accordance with Oregon Department of Emergency Management rules.

(3) The drills must include familiarization with routes and methods of exiting the building and the earthquake emergency response procedure recommended by the Federal Emergency Management Agency known as “drop, cover and hold on.”

(4) Consistent with rules of the department, the state or local agency may drill earthquake emergency response procedures in addition to “drop, cover and hold on” when the state or local agency determines, based on evaluation of specific engineering and structural issues related to an office building, that “drop, cover and hold on” may not be the most effective earthquake emergency response procedure to prevent or limit injury or loss of life.

(5) The department may, by rule or on application, grant exemptions from the drill requirement for good cause.

(6) 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. [Formerly 401.538; 2013 c.266 §1; 2021 c.539 §45]

401.902 Private employer earthquake drills; exemptions; rules. (1) 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.

(2) The person shall conduct the drills annually in accordance with Oregon Department of Emergency Management rules.

(4) Consistent with rules of the department, the person may drill earthquake emergency response procedures in addition to “drop, cover and hold on” when the person determines, based on evaluation of specific engineering and structural issues related to an office building, that “drop, cover and hold on” may not be the most effective earthquake emergency response procedure to prevent or limit injury or loss of life.

(5) The department may, by rule or on application, grant exemptions from the drill requirement for good cause. [Formerly 401.543; 2013 c.266 §2; 2021 c.539 §46]

401.904 Rules. The Oregon Department of 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 401.900 and 401.902. In addition to the Oregon Department of Emergency Management submitting the rules for publication pursuant to ORS 183.360, the departments shall each post the rules on an electronic bulletin board, home page or similar site. [Formerly 401.546; 2021 c.539 §47]

(Seismic Rehabilitation)

401.910 Grant program for seismic rehabilitation of certain facilities; rules. (1) The Oregon Business Development Department 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, including but not limited to public universities listed in ORS 352.002. The Oregon Infrastructure Finance Authority established in the department by ORS 285A.096 shall administer the grant program developed under this section. 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 authority determines necessary. However, the authority shall include persons with experience in administering state grant programs and representatives of entities with responsibility over critical public buildings. The authority shall also include as permanent members representatives of:

(a) The Oregon Department of Emergency Management;

(b) The State Department of Geology and Mineral Industries;

(d) The Oregon Department of Administrative Services;

(e) The Department of Education;

(f) The Oregon Health Authority;

(g) The Oregon Fire Chiefs Association;

(h) The Oregon Association Chiefs of Police;

(i) The Oregon Association of Hospitals and Health Systems; and

(j) The Confederation of Oregon School Administrators.

(3) The authority 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 authority 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.

(d) Provide that applicants release the state, the authority 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 authority and subject to reevaluation by the authority, the grant committee has the responsibility to review and make determinations on grant applications under the grant program established pursuant to this section. [Formerly 401.300; 2011 c.9 §50; 2013 c.782 §1; 2019 c.384 §24; 2021 c.539 §48]

(State Resilience Officer)

401.913 State Resilience Officer; monitoring of resilience planning by legislative and judicial branches. (1) The office of State Resilience Officer is created in the office of the Governor. The office of State Resilience Officer shall direct, implement and coordinate seismic safety and resilience goal setting and state agency planning and preparation to improve seismic safety and resilience.

(2) The Governor shall appoint an individual to serve as the State Resilience Officer, subject to confirmation by the Senate pursuant to Article III, section 4, of the Oregon Constitution.

(3) The legislative branch of government and the judicial branch of government shall each select an individual to monitor the effectiveness of seismic safety and resilience planning in their branch. [2015 c.762 §1]

Note: 401.913 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Seismic Safety Policy Advisory Commission)

401.915 Seismic Safety Policy Advisory Commission; members; term. (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;

(D) Department of Transportation; and

(E) Oregon Department of 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

(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. [Formerly 401.337; 2021 c.539 §49]

401.918 Mission of commission. (1) The mission of the Seismic Safety Policy Advisory Commission shall be to reduce exposure to earthquake hazards in Oregon by:

(a) Developing and influencing policy at the federal, state and local levels;

(b) Facilitating improved public understanding and encouraging identification of risk;

(d) Supporting appropriate mitigation;

(e) Supporting response and recovery; and

(f) Supporting and assisting in the coordination of a grant program for the disbursement of funds for seismic rehabilitation of schools and emergency facilities.

(2) The commission shall utilize and influence existing agencies and institutions in meeting its goals and is in no way intended to replace or compete with existing authorities relative to earthquakes. Emphasis shall be on coordination and linking of existing resources and authorities.

(3) To improve public understanding of earthquake hazards, reduce such hazards and mitigate the possible effects of potentially damaging earthquakes, the commission shall review and advise the Governor and the Legislative Assembly concerning all plans and proposals addressing seismic hazards in the areas of:

(a) Any legislative proposals.

(b) Plans and proposals of statewide impact.

401.920 Officers; quorum; meetings; compensation and expenses. (1) The Seismic Safety Policy Advisory Commission shall select one of its members as chairperson and another as vice chairperson, for two-year terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines.

(2) A majority of the members of the commission constitutes a quorum for the transaction of business.

(3) The commission shall meet at least once every two months at a place, day and hour determined by the commission. The commission also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission.

(4) Each member of the commission, except a member of the Legislative Assembly, appointed under ORS 401.915 (1)(b) shall receive compensation and expenses as provided in ORS 292.495. A legislative member shall receive compensation and expenses as provided in ORS 171.072. [Formerly 401.345]

401.922 Support services. The Oregon Department of 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 State Department of Geology and Mineral Industries, the Department of Land Conservation and Development, the Department of Transportation, the Oregon Health Authority, the Water Resources Department and the public universities listed in ORS 352.002 shall provide assistance, as required, to the commission to enable it to meet its objectives. [Formerly 401.347; 2013 c.768 §140b; 2015 c.767 §172; 2021 c.539 §50]

401.925 Advisory and technical committees; expense reimbursement. (1) To aid and advise the Seismic Safety Policy Advisory Commission in the performance of its functions, the commission may establish such advisory and technical committees as it considers necessary. These committees may be continuing or temporary. The commission shall determine the representation, membership, terms and organization of the committees and shall appoint their members.

(2) Members of the committees are not entitled to compensation, but in the discretion of the commission may be reimbursed from funds available to the commission for actual and necessary travel and other expenses incurred by them in the performance of their official duties, subject to ORS 292.495. [Formerly 401.353]

STRUCTURAL COLLAPSE

401.930 Assignment by Governor of local resources under direction of State Fire Marshal. (1) The Governor may assign and make available for use and duty in any county, city or district, under the direction and command of the State Fire Marshal or a designee of the State Fire Marshal, any personnel or equipment resources of a county, city or district for the purpose of responding to the structural collapse, or the threat of imminent structural collapse, of a fixture to real property. This section does not authorize the Governor to assign and make available the fire-fighting resources of a fire district that possesses only one self-propelled pumping unit.

(2) The Governor may assign and make available local resources under this section without declaring a state of emergency and without regard to the criteria established in ORS 401.032 for assuming authority or responsibility for responding to an event. The State Fire Marshal, or a designee of the State Fire Marshal, may direct and command the use of the local resources made available by the Governor under this section regardless of whether the county, city or district to which the resources are made available has declared a state of emergency under ORS 401.309.

(3) The State Fire Marshal shall prepare plans for effectively carrying out this section and shall provide advice and counsel to the Governor for the most practical utilization of local resources under this section. [Formerly 401.638]

401.932 Powers and duties of local personnel acting under direction of State Fire Marshal. If county, city or district personnel are assigned and used under ORS 401.930 to respond to a structural collapse or threat of imminent structural collapse in another county, city or district, the personnel have the same powers, duties, rights, privileges and immunities as they have when performing their duties in the county, city or district in which they are normally employed. [Formerly 401.639]

401.935 Liability for expenses incurred and for loss or damage to local equipment; filing claim. (1) If county, city or district equipment is assigned and used under ORS 401.930 to respond to a structural collapse or threat of imminent structural collapse in another county, city or district, the state:

(a) Is liable for any resulting loss of, or damage to, the equipment.

(b) Shall pay any expense incurred by the responding county, city or district for transportation, performance or maintenance of the equipment.

(2) A claim for loss, damage or expense under subsection (1) of this section must be filed within 60 days after the loss, damage or expense is incurred, or within any extension of time for filing the claim granted by the Department of State Police. The claim must include an itemized notice of the claim, signed under oath, and be served by mail or personally upon the department. [Formerly 401.641]

401.938 Liability for expenses incurred using local personnel. If county, city or district personnel are assigned and used under ORS 401.930 to respond to a structural collapse or threat of imminent structural collapse in another county, city or district and the response prevents the personnel from performing their duties in the county, city or district in which the personnel are normally employed, the state shall reimburse the county, city or district supplying the personnel for the compensation paid to the personnel during the response. The state shall also defray the actual travel and maintenance expenses for responding personnel incurred as a result of the response. [Formerly 401.643]

401.940 Immunity from liability for local personnel acting in line of duty; exception. Personnel assigned under ORS 401.930, the state or a county, city or district is not liable for any injury to person or property resulting from the performance of any duty under ORS 401.930 or an assignment, use or response under ORS 401.930. However, this section does not confer immunity from liability for injury to person or property resulting from intentional misconduct or gross negligence. The immunity from liability provided to responding personnel under this section is in addition to any immunity available to responding personnel under ORS 401.932. [Formerly 401.645]

TSUNAMI

401.950 Definitions; tsunami warning information; rules. (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) and (2).

(2) The Oregon Department of 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 Oregon Department of Emergency Management is not required to carry out the duties assigned under subsection (2) of this section if sufficient moneys are not available under ORS 401.955. [Formerly 401.861; 2019 c.502 §4; 2021 c.539 §51]

Note: 401.950 to 401.955 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.952 Uniform tsunami warning signal; rules. (1) The Oregon Department of 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 Oregon Department of Emergency Management is not required to carry out the duties assigned under subsection (1) of this section if sufficient moneys are not available under ORS 401.955. [Formerly 401.863; 2021 c.539 §52]

Note: See note under 401.950.

401.955 Contributions to finance tsunami warning system. The Oregon Department of 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 401.950 and 401.952. [Formerly 401.864; 2021 c.539 §53]

Note: See note under 401.950.

ABNORMAL DISRUPTION OF MARKET

401.960 Definitions for ORS 401.960, 401.962, 401.965 and 401.970. For the purposes of this section and ORS 401.962, 401.965 and 401.970:

(1) “Abnormal disruption of the market” means any emergency that prevents ready availability of essential consumer goods or services.

(2) “Essential consumer goods or services” means goods or services that:

(a) Are or may be bought or acquired primarily for personal, family or household purposes, including but not limited to residential construction materials or labor, shelter for payment such as a hotel room, food, water and petroleum products such as gasoline or diesel fuel; and

(b) Are necessary for the health, safety or welfare of consumers. [2009 c.718 §20]

401.962 Legislative findings. (1) The Legislative Assembly finds that during an abnormal disruption of the market, some merchants and wholesalers have taken unconscionable advantage of consumers by charging grossly excessive prices for essential consumer goods and services.

(2) To prevent merchants and wholesalers from taking unconscionable advantage of consumers during an abnormal disruption of the market, the Legislative Assembly declares that the public interest requires that charging unconscionably excessive prices be prohibited and made subject to regulation as an unlawful trade practice. [Formerly 401.106]

401.965 Abnormal disruption of market. (1) As used in subsections (1) to (4) of this section, the terms “merchant” and “wholesaler” do not include a public body as that term is defined in ORS 174.109, a public utility as defined in ORS 757.005 (1)(a)(A) or an electric utility as defined in ORS 757.600.

(2) A merchant or wholesaler may not sell or offer to sell essential consumer goods or services for an amount that represents an unconscionably excessive price during a declaration of an abnormal disruption of the market under subsections (5) to (7) of this section.

(3) It is a question of law whether a price is unconscionably excessive. Proof that a price is unconscionably excessive may be shown by evidence that:

(a) The amount charged for essential consumer goods or services exceeds by 15 percent or more the price at which the goods or services were sold or offered for sale by the merchant or wholesaler in the usual course of business immediately prior to or during a declaration of an abnormal disruption of the market; or

(b) The amount charged for the essential consumer goods or services exceeds by 15 percent or more the price at which the same or similar consumer goods or services were readily obtainable by other consumers in or near the geographical area covered by the declaration of an abnormal disruption of the market.

(4) Evidence described in subsection (3) of this section constitutes prima facie proof of a violation of subsections (1) to (4) of this section. Evidence described in subsection (3) of this section is not prima facie evidence of a violation of subsections (1) to (4) of this section if the amount charged by the merchant or wholesaler is:

(a) Attributable to additional costs imposed by the merchant’s or wholesaler’s suppliers or necessarily incurred in procuring the essential consumer goods or services immediately prior to or during the declaration of an abnormal disruption of the market; or

(b) The result of increased internal costs or expenses related to the declaration of an abnormal disruption of the market or the result of increased costs unrelated to the declaration of an abnormal disruption of the market.

(5) If the Governor determines that an abnormal disruption of the market has occurred, the Governor may declare an abnormal disruption of the market by a proclamation, as part of a state of emergency declared under ORS 401.165, or both.

(6) The Governor’s declaration of an abnormal disruption of the market under subsection (5) of this section shall specify:

(a) The geographical area covered by the declaration. The area may be no larger than necessary to effectively respond to the abnormal disruption of the market.

(b) The date and time at which the abnormal disruption of the market commenced. The date of commencement of the abnormal disruption of the market may precede the date on which the declaration is made.

(c) That the declaration will terminate automatically 30 days after the date on which the Governor makes the declaration unless the Governor extends the declaration in accordance with paragraph (d) of this subsection or unless the Governor or the Legislative Assembly terminates the declaration sooner.

(d) That the Governor may extend the declaration for additional 30-day periods by subsequent declarations that the abnormal disruption of the market continues to exist.

(7) The Governor’s declaration of an abnormal disruption of the market is subject to termination:

(a) By the Governor when the Governor determines that an abnormal disruption of the market no longer exists.

(b) At any time by joint resolution of the Legislative Assembly.

(c) Automatically 30 days after the date on which the Governor makes the declaration unless the Governor or the Legislative Assembly terminates the declaration sooner. The Governor may extend the declaration for subsequent 30-day periods by declaring for each such extension that the abnormal disruption of the market continues to exist. An extension the Governor declares in accordance with this paragraph also terminates 30 days after the date on which the Governor declared the extension unless the Governor declares another extension or unless the Governor or the Legislative Assembly terminates the extension sooner. [Formerly 401.107]

401.970 Applicability of remedies. The remedies provided in ORS 401.965 (1) to (4) and in the amendments to ORS 646.607 by section 6, chapter 223, Oregon Laws 2007, are in addition to any other remedies that may exist under the law. [Formerly 401.108]

ANIMAL RESCUE

401.975 Legislative findings. The Legislative Assembly finds that:

(1) During an evacuation after a major disaster or an emergency, many pet owners are reluctant to leave their pets and are willing to risk their lives to protect their pets.

(2) Animals are important to their owners and the presence of an animal brings comfort to an owner and may enhance recovery for an owner distressed over injury or damage caused by a major disaster or an emergency.

(3) Significant loss of livestock as a result of a major disaster or an emergency would seriously threaten the economy of Oregon. Therefore, a livestock emergency operations plan will ensure that livestock are provided for during a major disaster or an emergency.

(4) It is essential that the State Department of Agriculture, the Oregon Department of Emergency Management and the Department of Human Services work together to develop emergency operations plans for animals and livestock that provide for animals and livestock during a major disaster or an emergency. [Formerly 401.271; 2021 c.269 §2; 2021 c.539 §54]

401.977 Animal emergency operations plan. (1) As used in this section:

(a) “Companion animal” means a domestic animal commonly kept as a household pet.

(b) “Service animal” means an animal that assists or performs tasks for a person with a sensory, emotional, mental or physical disability.

(2) The State Department of Agriculture, in cooperation with the Oregon Department of Emergency Management, the Department of Human Services and local governments, shall prepare a written animal emergency operations plan that provides for the evacuation, transport and temporary sheltering of companion animals and service animals during a major disaster or an emergency.

(3) The State Department of Agriculture, in developing the plan, shall emphasize the protection of human life and shall consider:

(a) Allowing owners of service animals to be evacuated, transported and sheltered with their service animals;

(b) Establishing a sufficient number of evacuation shelters equipped to temporarily shelter companion animals and service animals in close proximity to a human sheltering facility;

(d) Establishing an identification system to ensure that owners who are separated from their companion animals or service animals during an evacuation are provided with all information necessary to locate and reclaim their animals;

(e) Transporting companion animals or service animals, in cages or carriers that safely and securely confine the animals, in an impending major disaster or emergency;

(f) Recommending that animal shelters, humane societies, veterinary offices, boarding kennels, breeders, grooming facilities, animal testing facilities and any other entity that normally houses companion animals or service animals create evacuation plans for the animals housed at their facilities;

(g) Establishing recommended minimum holding periods for companion animals or service animals that are sheltered during a major disaster or an emergency; and

(h) Creating and promoting an educational campaign for owners of companion animals or service animals that will:

(A) Encourage owners to plan for and incorporate their animals in the owners’ personal plans in the event of a major disaster or an emergency; and

(B) Inform owners of companion animals or service animals about the animal emergency operations plan prepared under this section. [Formerly 401.272; 2021 c.269 §3; 2021 c.539 §55a]

401.978 Livestock emergency operations plan. (1) As used in this section, “livestock” means cattle, horses, sheep and any other animals designated by the State Department of Agriculture.

(2) The State Department of Agriculture, in cooperation with the Oregon Department of Emergency Management and local governments, shall prepare a written livestock emergency operations plan that provides for the evacuation, transport and temporary sheltering of livestock during a major disaster or an emergency.

(3) The State Department of Agriculture, in developing the plan, shall consider:

(a) Methods for providing adequate food and water for livestock during a major disaster or an emergency;

(b) Methods for providing livestock with adequate shelter or protection from harsh weather conditions during a major disaster or an emergency;

(A) Encourage owners to plan for and incorporate their livestock in the owners’ personal plans in the event of a major disaster or an emergency; and

(B) Inform owners of livestock about the livestock emergency operations plan prepared under this section; and

(d) Any other methods or arrangements that the department determines would protect livestock during a major disaster or an emergency. [Formerly 401.274; 2021 c.539 §56]

NEWS MEDIA REPRESENTATIVES

401.980 Access to disaster sites by news media representatives. (1) Notwithstanding the provisions of any law, rule, ordinance, policy or order to the contrary, any official of a public body, as defined in ORS 174.109, must grant credentialed or documented representatives of news media organizations access to scenes of wildfires or natural disasters on public lands that are otherwise closed to the public.

(2) Access by news media representatives to scenes of wildfires or natural disasters may be denied at the sole discretion of an on-site scene commander or the designee of an on-site scene commander.

(3) In compliance with voluntary guidelines for recognition of news media representatives established under ORS 401.981, an official of a public body may request news media representatives to present credentials verifying completion of basic fire and natural disaster site safety training approved by an association representing professional news media and an association representing public safety agencies. The training must include at least all of the following:

(a) Protocol for early phases of a fire or natural disaster before a formal public safety command structure is established.

(b) Appropriate types of personal protective equipment and the uses of that equipment.

(d) Basic safety practices at wildfire and natural disaster sites.

(e) Authority of on-site scene commanders.

(4)(a) Except as described in subsection (2) of this section, an on-site scene commander or a designee of an on-site scene commander may, in their sole discretion, grant credentialed or documented news media representatives access to a scene of a wildfire or natural disaster without escort, provided that the news media representatives agree that entry is at their own risk and without promise of rescue.

(b) Nothing in paragraph (a) of this subsection may be interpreted to require that credentialed or documented news media representatives be granted access to a scene of a wildfire or natural disaster without escort.

(5) News media representatives must carry personal protective equipment appropriate for the scene of a wildfire or natural disaster they intend to enter. News media representatives must provide their own personal protective equipment and are responsible for the condition of the equipment. Public bodies are not required to supply personal protective equipment to news media representatives and are not required to assess the appropriateness or condition of the personal protective equipment of news media representatives.

(6) A public body or public employee may not be held liable for the injury or death of a news media representative after the representative has entered the scene of a wildfire or natural disaster.

(7) The State Forestry Department, Department of State Police and any other state agency with responsibility for wildfire or natural disaster response may provide technical assistance to professional or trade associations representing news media or public bodies for the purpose of facilitating safety education.

(8) Representatives of news media organizations may not impede wildfire or natural disaster response vehicles through actions including but not limited to inappropriately parking a vehicle or failing to yield to a public safety vehicle. Any unattended vehicle that impedes public safety or emergency vehicle access to a scene of wildfire or natural disaster may be towed without notice.

(9) Nothing in this section alters the applicability of Federal Aviation Administration regulations that govern the closure or restriction of airspace over incidents that constitute the scene of a wildfire or natural disaster.

(10) This section does not apply to privately owned property and does not serve as an impediment to application of trespass laws, rules or ordinances.

(11) This section does not apply to property owned by:

(a) School districts, as defined in ORS 332.002;

(b) Public charter schools, as defined in ORS 338.005;

(d) Community college districts, as defined in ORS 341.005; or

(e) Public universities listed in ORS 352.002.

(12) Nothing in this section may be construed to require a public body to issue news media credentials or to maintain a list of credentialed news media representatives. [2022 c.59 §1]

Note: 401.980 and 401.981 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

401.981 Committee to establish guidelines. (1) The Oregon Department of Emergency Management shall convene a committee composed of equal numbers of news media and public safety agency stakeholders to develop the following voluntary guidelines for implementing ORS 401.980.

(a) Recommendations for essential elements of basic fire and natural disaster site safety training for news media representatives that satisfies the training described in ORS 401.980 (3);

(b) Examples of when circumstances warrant denial of access on grounds of compromising the safety of emergency response personnel, impeding the response of emergency equipment or personnel, protecting the privacy of victims of a wildfire or natural disaster or impeding the investigation of an incident that constitutes the scene of a wildfire or natural disaster;

(c) Examples of when public bodies, as defined in ORS 174.109, may require news media representatives to provide and use their own personal protective equipment and may prescribe circumstances when particular types of personal protective equipment may be required; and

(d) Examples of when public bodies should conduct safety briefings for news media representatives and the recommended content of safety briefings.

(2) The department shall ensure that adopted guidelines are broadly disseminated to state and local public bodies and officials.

(3) The committee described in subsection (1) of this section shall designate one representative of public safety agencies and one representative of news media to report on the work of the committee to the House Interim Committee on Rules before September 1, 2022.

(4) Nothing in this section may be construed to require a public body to issue news media credentials or to maintain a list of credentialed news media representatives. [2022 c.59 §2]

Note: See note under 401.980.

PENALTIES

401.990 Penalties. Any person knowingly violating any provision of this chapter, or any of the rules, regulations or orders adopted and promulgated under this chapter, shall, upon conviction thereof, be guilty of a Class C misdemeanor. [1967 c.480 §8; 1977 c.248 §4; 1983 c.586 §41; 2009 c.718 §48]

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