73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
Senate Bill 3
Sponsored by Senator COURTNEY
CHAPTER ................
AN ACT
Relating to seismic rehabilitation; creating new provisions;
amending ORS 401.270 and 401.343; and declaring an emergency.
Whereas the Seventy-first Legislative Assembly recognized that
public buildings were at risk from seismic events; and
Whereas the Seventy-first Legislative Assembly adopted several
measures relating to seismic safety for educational buildings,
hospitals, fire stations and police stations; and
Whereas the people of the State of Oregon adopted Articles XI-M
and XI-N of the Oregon Constitution at the November 5, 2002,
general election for the purpose of allowing the state to incur
indebtedness in the form of general obligation bonds for the
planning and implementation of seismic rehabilitation of these
public buildings; and
Whereas the purpose of this 2005 Act and Senate Bills 2, 4 and
5 (2005) is to assess specific needs, to provide for the issuance
of bonds and to fund seismic rehabilitation; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2005 Act is added to and made
a part of ORS 401.260 to 401.325. + }
SECTION 2. { + (1) The Director of the Office of Emergency
Management, pursuant to the authority to administer grant
programs for seismic rehabilitation provided in ORS 401.270,
shall develop a grant program for the disbursement of funds for
the seismic rehabilitation of critical public buildings,
including hospital buildings with acute inpatient care
facilities, fire stations, police stations, sheriffs' offices,
other facilities used by state, county, district or municipal law
enforcement agencies and buildings with a capacity of 250 or more
persons that are routinely used for student activities by
kindergarten through grade 12 public schools, community colleges,
education service districts and institutions of higher education.
The funds for the seismic rehabilitation of critical public
buildings under the grant program are to be provided from the
issuance of bonds pursuant to the authority provided in Articles
XI-M and XI-N of the Oregon Constitution.
(2) The grant program shall include the appointment of a grant
committee. The grant committee may be composed of any number of
persons with qualifications that the director determines
necessary. However, the director shall include persons with
experience in administering state grant programs and
representatives of entities with responsibility over critical
Enrolled Senate Bill 3 (SB 3-A) Page 1
public buildings. The director shall also include as permanent
members representatives of:
(a) The Department of Human Services;
(b) The State Department of Geology and Mineral Industries;
(c) The Seismic Safety Policy Advisory Commission; and
(d) The Oregon Department of Administrative Services.
(3) The director shall determine the form and method of
applying for grants from the grant program, the eligibility
requirements for grant applicants, and general terms and
conditions of the grants. The director shall also provide that
the grant committee review grant applications and make a
determination of funding based on a scoring system that is
directly related to the statewide needs assessment performed by
the State Department of Geology and Mineral Industries.
Additionally, the grant process may:
(a) Require that the grant applicant provide matching funds for
completion of any seismic rehabilitation project.
(b) Provide authority to the grant committee to waive
requirements of the grant program based on special circumstances
such as proximity to fault hazards, community value of the
structure, emergency functions provided by the structure and
storage of hazardous materials.
(c) Allow an applicant to appeal any determination of grant
funding to the director for reevaluation.
(d) Provide that applicants release the state, the director and
the grant committee from any claims of liability for providing
funding for seismic rehabilitation.
(e) Provide separate rules for funding rehabilitation of
structural and nonstructural building elements.
(4) Subject to the grant rules established by the director and
subject to reevaluation by the director, the grant committee has
the responsibility to review and make determinations on grant
applications under the grant program established pursuant to this
section. + }
SECTION 3. ORS 401.270 is amended to read:
401.270. The Director of the Office of Emergency Management
shall be responsible for coordinating and facilitating emergency
planning, preparedness, response and recovery activities with the
state and local emergency services agencies and organizations,
and shall, with the approval of the Superintendent of State
Police or as directed by the Governor:
(1) Make rules that are necessary and proper for the
administration and implementation of ORS 401.015 to 401.105,
401.260 to 401.325, 401.355 to 401.580 and 401.706;
(2) Coordinate the activities of all public and private
organizations specifically related to providing emergency
services within this state;
(3) Maintain a cooperative liaison with emergency management
agencies and organizations of local governments, other states and
the federal government;
(4) Have such additional authority, duties and responsibilities
authorized by ORS 401.015 to 401.105, 401.260 to 401.325 and
401.355 to 401.580 or as may be directed by the Governor;
(5) Administer grants relating to emergency program
management { + , seismic rehabilitation + } and emergency
services for the state;
(6) Provide for and staff a State Emergency Operations Center
to aid the Governor and the Office of Emergency Management in the
performance of duties under ORS 401.015 to 401.105, 401.260 to
401.325, 401.355 to 401.580 and 401.706;
Enrolled Senate Bill 3 (SB 3-A) Page 2
(7) Serve as the Governor's authorized representative for
coordination of certain response activities and managing the
recovery process;
(8) Establish training and professional standards for local
emergency program management personnel;
(9) Establish task forces and advisory groups to assist the
office in achieving mandated responsibilities; and
(10) Enforce compliance requirements of federal and state
agencies for receiving funds and conducting designated emergency
functions.
SECTION 4. ORS 401.343 is amended to read:
401.343. (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;
(c) Supporting research and special studies;
(d) Supporting appropriate mitigation; { - and - }
(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.
(c) Lists of recommendations for actions and potential rule
changes specifically by state agency.
SECTION 5. { + This 2005 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2005 Act takes effect on its
passage. + }
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Enrolled Senate Bill 3 (SB 3-A) Page 3
Passed by Senate July 30, 2005
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House August 5, 2005
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Speaker of House
Enrolled Senate Bill 3 (SB 3-A) Page 4
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled Senate Bill 3 (SB 3-A) Page 5