justicedao/ipfs_state_laws huggingface dataset:
104-050-0090 Grant Agreement Conditions (1) ODEM will only enter into new agreements or amendments to existing agreements, with prior Grantees, if all reporting obligations under earlier agreements have been met. (2) If the grant agreement has not been fully executed by all the parties within 60 days of grantee receiving contract document, funding shall be terminated. The money allocated to the grant shall be available for reallocation by the grant committee. (3) The Director or designee shall establish grant agreement conditions. Grantees shall comply with all grant agreement conditions. (4) The Grantee shall comply with all federal, state and local laws and ordinances applicable to the work to be done under the agreement. (5) Upon notice to the Grantee in writing, the Director may terminate funding for projects not completed in the prescribed time and manner. The money allocated to the project but not used will be available for reallocation by the grant committee. (6) The Grantee will account for funds distributed by the grant committee, using project expense forms provided by ODEM. (7) The Grantee will obtain the necessary permits and licenses from local, state or federal agencies or governing bodies and provide a copy to ODEM. Statutory/Other Authority: ORS 401.300 Statutes/Other Implemented: ORS 401.300 History: OEM 16-2023, minor correction filed 04/07/2023, effective 04/07/2023 OEM 3-2010, f. & cert. ef. 11-1-10 OEM 1-2009, f. & cert. ef. 4-22-09
104-050-0100 Waivers, Exceptions and Appeals (1) The Director may provide authority to the grant committee to waive non-statutory requirements of the grant program based on special circumstances, such as: (a) Proximity to fault hazards; (b) The community value of the structure; (c) Emergency functions provided by the structure; and, (d) Storage of hazardous materials. (2) The Director may consider appeals of the grant committee’s funding decisions. Only the applicant may appeal. Appeals must be submitted in writing to the Director within 30 days of the event or action that is being appealed. The Director’s decision is final. (3) The Director may waive non-statutory requirements of this program if it is demonstrated such a waiver would serve to further the goals or objectives of the program. Statutory/Other Authority: ORS 401.300 Statutes/Other Implemented: ORS 401.300 History: OEM 3-2010, f. & cert. ef. 11-1-10 OEM 1-2009, f. & cert. ef. 4-22-09
104-055-0000 Purpose These rules establish a grant program pursuant to ORS 85 for the disbursement of money from the Fuel Storage Facility Compatibility Fund established by the Oregon Legislative Assembly for the purpose of installing Generator Connectors on Fuel Sources at Cardlock Facilities in the state. Statutory/Other Authority: ORS 85 Statutes/Other Implemented: ORS 85 History: OEM 1-2017, f. & cert. ef. 1-27-17
104-055-0010 Definitions (1) “Applicant” means an Oregon licensed owner/operator of a public or private Cardlock Facility. (2) “Authority” means The Oregon Department of Emergency Management. (3) “Cardlock Facility” means a fuel dispensing facility that is licensed by the Office of the Oregon State Fire Marshal under ORS 480.350 and that permits nonretail customers to dispense fuel using a card activated or key activated device in accordance with ORS 480.345. (4) “Emergency” has the meaning given that term in ORS 401.025. (5) “Fuel Source” means a storage tank from which fuel is dispensed. (6) “Generator” means a portable device capable of converting fuel into electricity. (7) “Generator connector” means a connector on a fuel source that allows a generator to connect to the fuel source for the purpose of fueling the generator. (8) “Grant Agreement” means an agreement between the Authority and the licensed owner/ operator of a public or private Cardlock Facility specifying the legal requirements for grant management, reporting and record keeping as well as the Authority’s monitoring and grant closeout procedures. (9) “Grant Application Package” means a package of information prepared by the Authority containing grant guidance, application forms and other supplementary information. (10) “Grant Program” means the Fuel Storage Facility Compatibility Fund Grant Program. (11) “Grant Selection Committee” means the committee charged with evaluating grant applications for the purpose of determining which Projects will receive funding. The Grant Selection Committee membership may include representatives of the Oregon Department of Transportation, Office of the State Fire Marshal, Oregon Military Department, Oregon Department of Energy, The Oregon Department of Emergency Management, Oregon Emergency Management Association, and others who possess expertise in the industry. (12) “Grantee” means an Applicant awarded grant funds for fuel storage facility compatibility. (13) “Project” means activity at the eligible Cardlock Facility which enables the Generator Connector to be installed for the purpose of dispensing fuel with a Generator. Statutory/Other Authority: ORS 85 Statutes/Other Implemented: ORS 85 History: OEM 17-2023, minor correction filed 04/07/2023, effective 04/07/2023 OEM 1-2017, f. & cert. ef. 1-27-17
104-055-0020 Eligible Applicants (1) The following entities and organizations are eligible to apply for the Fuel Storage Facility Compatibility Fund grant: (a) All public and private Cardlock Facility owner/operators currently licensed by the Office of the Oregon State Fire Marshal under ORS 480.310 through 480.385 for commercial fuel dispensing in the State of Oregon. (2) A public or private Cardlock Facility determined by the Authority to be in non-compliance with a prior Fuel Storage Facility Compatibility Fund Grant Agreement is ineligible to apply. Statutory/Other Authority: ORS 85 Statutes/Other Implemented: ORS 85 History: OEM 1-2017, f. & cert. ef. 1-27-17
104-055-0030 Eligible Activities (1) To be eligible for this Grant Program, a proposed Project must involve the installation of a Generator Connector at a currently licensed commercial public or private Cardlock Facility within the State of Oregon. (2) Grant funds cannot be used for the installation of a Generator or power generation/backup power capability. Statutory/Other Authority: ORS 85 Statutes/Other Implemented: ORS 85 History: OEM 1-2017, f. & cert. ef. 1-27-17
104-055-0040 Grant Application Process (1) Grant Application Package (a) The Authority shall prepare a Grant Application Package. The package will contain guidance, application forms and other supplementary information to help eligible Applicants prepare grant applications. (b) The guidance will include a description of eligibility criteria and ranking factors used to evaluate and select applications for funding. (c) The Authority shall announce how to obtain a Grant Application Package and the deadline for submitting an application. (d) The Grant Application Package on file with the Authority is incorporated as part of these rules by reference. (2) Grant Application Submission (a) An eligible commercial public or private Cardlock Facility owner/operator may submit an application which includes more than one facility location. All submissions must be in the form provided by the Authority and must contain all required information. (b) All applications must be received prior to the application deadline announced by the Authority. Statutory/Other Authority: ORS 85 Statutes/Other Implemented: ORS 85 History: OEM 1-2017, f. & cert. ef. 1-27-17
104-055-0050 Grant Application Review (1) The Authority will review all applications to ensure they are complete and meet grant eligibility requirements. (2) The Authority may convene a Grant Selection Committee to evaluate and score all applications meeting grant and eligibility requirements. (3) The Authority will use the prioritized list of applications along with the amount of funds available in the Fuel Storage Facility Compatibility Fund to determine which Applicants will receive grant awards. (4) All Applicants will be notified of the status of their applications within 90 days of the due date for application submission. Statutory/Other Authority: ORS 85 Statutes/Other Implemented: ORS 85 History: OEM 1-2017, f. & cert. ef. 1-27-17
104-055-0060 Grant Awards and Match (1) The maximum grant award for each Cardlock Facility is $4,000. (2) Grants will be awarded only when there are sufficient funds available in the Fuel Storage Facility Compatibility Fund. (3) Award recipients are expected to use the grant funds, along with agency/organization funds when necessary, to install Generator Connectors meeting the requirements of ORS 85 and these rules at each of their licensed commercial public or private Cardlock Facilities selected to receive grant funds. (4) Grant funds shall be distributed on a reimbursement basis to the licensed commercial public and private Cardlock Facility owner/operators selected to receive grant funds. Statutory/Other Authority: ORS 85 Statutes/Other Implemented: ORS 85 History: OEM 1-2017, f. & cert. ef. 1-27-17
104-055-0070 Grant Agreements and Conditions (1) The Authority shall provide a Grant Agreement to each Fuel Storage Facility Compatibility Fund Grantee which specifies the legal requirements for grant management, reporting and record keeping as well as the Authority’s monitoring and grant closeout procedures. (2) The Authority will only enter into new agreements or may amend agreements with prior Grantees if all reporting obligations under the earlier agreements have been met. (3) The Authority and the Applicant must execute a Grant Agreement or amendment prior to any funds being expended for eligible expenses for which the Applicant will request reimbursement. (4) If the Grant Agreement or amendment has not been fully executed by all the parties within 60 days of the Grantee receiving the agreement, funding will be terminated. The money allocated to the grant will then be available for reallocation by the Authority consistent with the application rankings established by the Grant Selection Committee. (5) The Authority shall establish Grant Agreement conditions. Grantees shall comply with all grant agreement conditions. In addition, Grantees shall comply with all applicable federal, state and local laws and ordinances. (6) Upon notice to a Grantee in writing, the Authority may terminate funding for Projects not completed in the prescribed time and manner. Money allocated to the Project but not used will be available for reallocation by the Authority consistent with the application rankings established by the Grant Selection Committee. (7) The Grantee will obtain the necessary permits and licenses from local, state or federal agencies or governing bodies. Statutory/Other Authority: ORS 85 Statutes/Other Implemented: ORS 85 History: OEM 1-2017, f. & cert. ef. 1-27-17
104-055-0080 Project Administration (1) The Authority shall administer Fuel Storage Facility Compatibility Fund grants in compliance with the requirements of applicable statutes and rules and the guidance provided in the Grant Application Package. (2) Documentation of Project costs incurred by each Grantee must be submitted to the Authority prior to reimbursement of funds. (3) Reimbursement of funds to each Grantee will be made on a schedule established by the Authority. (4) The Authority will require a letter from the Office of the Oregon State Fire Marshal following the annual inspection of each Cardlock Facility receiving a grant award certifying that the Generator Connector installed pursuant to the Grant Program meets safety requirements and is otherwise properly installed. Statutory/Other Authority: ORS 85 Statutes/Other Implemented: ORS 85 History: OEM 1-2017, f. & cert. ef. 1-27-17
104-055-0090 Waivers, Exceptions and Appeals (1) The Authority may waive non-statutory requirements of the Grant Program if it is demonstrated such a waiver would serve to further the goals or objectives of the program. (2) The Authority may consider appeals of the Grant Selection Committee’s funding decisions. Only the Applicant may appeal. Appeals must be submitted in writing to the Authority within 30 days of the event or action that is being appealed. The Authority’s decision is final. Statutory/Other Authority: ORS 85 Statutes/Other Implemented: ORS 85 History: OEM 1-2017, f. & cert. ef. 1-27-17
104-055-0100 Program Sanctions The Grantee shall be responsible for taking all actions necessary to enforce the terms of the Grant Agreement against any private or public participant who fails to comply with applicable provisions of the Grant Agreement and to recover on behalf of the state any liabilities that may arise as the result of a breach of the Grant Agreement by any participant. Nothing in this paragraph shall restrict the state’s right to enforce independently the terms of any Grant Agreement or to recover any sums that may become due as the result of a breach of such an agreement. Statutory/Other Authority: ORS 85 Statutes/Other Implemented: ORS 85 History: OEM 1-2017, f. & cert. ef. 1-27-17
104-080-0000 Purpose The purpose of the State of Oregon’s 9-1-1 program in establishing the emergency communications system is to : (1) Provide for the continued operation of 9-1-1 and emergency communications services statewide. (a) Provide consistent statewide access to police, fire, and emergency medical service through the emergency communications system when an emergency call is made to 9-1-1. (b) Support 9-1-1 jurisdictions by continuing to pursue technologies and solutions that improve levels of service and promotes efficiencies in the statewide emergency communications system. (2) Ensure reliable statewide operation and maintenance of the emergency communications system by providing a public safety answering point with: (a) Access to the emergency communications system and network for use by the public safety answering point; (b) Customer premises equipment with comparable functionality; and (c) A mapping platform to assist with locating an emergency caller. (3) Distribute and monitor the expenditure of 9-1-1 tax funds in all accounts including the tax funds distributed to 9-1-1 jurisdictions. (4) Monitor, review and assess the efficiency of emergency communication services throughout the State of Oregon. (5) Implement the policies and requirements of ORS 403.100 to 403.165 and ORS 403.235 to 403.250. Statutory/Other Authority: ORS 403.120(1)(a) Statutes/Other Implemented: ORS 403.105 - 403.165 History: OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018 OEM 3-2015, f. & cert. ef. 12-1-15 OEM 1-2015(Temp), f. & cert. ef. 6-5-15 thru 12-1-15 OEM 2-2010, f. & cert. ef. 2-5-10 OEM 1-2003, f. & cert. ef. 1-15-03 EMD 1-1997, f. & cert. ef. 8-15-97 Reverted to EMD 2-1992, f. & cert. ef. 4-17-92 EMD 3-1993(Temp), f. & cert. ef. 1-15-93 Reverted to EMD 2-1992, f. & cert. ef. 4-17-92 EMD 3-1992(Temp), f. & cert. ef. 7-15-92 EMD 2-1992, f. & cert. ef. 4-17-92
104-080-0110 Requirements of the Department (1) Upon written notice to the 9-1-1 jurisdiction and the primary PSAP, the Department may audit the 9-1-1 jurisdiction or the primary PSAP for compliance with the 9-1-1 jurisdiction plan, ORS 403.100 to 403.165 and ORS 403.235 to 403.250, and OAR chapter 104, division 080. (2) The Department shall collect and maintain a list of contact information for each primary and secondary PSAP and make the list available on the Department’s website, including: (a) PSAP name; (b) Physical or mailing address; (c) 10-digit 24-hour emergency number; (d) 10-digit 24-hour non-emergency number; and (e) Name(s) and title of primary point of contact. (3) The Department shall collect and maintain an itemized list of the CPE necessary to receive emergency calls through the 9-1-1 emergency communications system, including the equipment lifespan described by the manufacturer, and the equipment’s update and maintenance schedule. (4) The Department shall approve or reject all ESNs requested by a primary PSAP for use in the 9-1-1 GIS, MSAG and ALI databases. The Department will make a reasonable attempt to prevent duplication of these ESNs, validate that the number aligns with the designated block of ESN numbers, and ensure compatibility with the Oregon ALI Format[1]. The Department may, as required, assign or direct reassignment of ESNs to prevent unnecessary duplication, confusion or misrouting of emergency calls. (5) The Department shall coordinate and oversee the implementation of 9-1-1 GIS in Oregon, which may include the following activities: (a) Identify and adopt technical standards and requirements; (b) Identify and establish procedures for 9-1-1 GIS data maintenance; (c) Identify and establish development of critical GIS data layers for use in current and future mapping systems and 9-1-1 functional elements; and (d) Define and establish a standard GIS data model[2] to be used for the development, transfer, and storage of critical GIS data layers. [Publications [1]: Publications referred to or incorporated by reference in this rule are available from the Department and are also available at https://www.oregon.gov/OEM/Documents/oregonali_aliaqor.pdf] [Publications [2]: Publications referred to or incorporated by reference in this rule are available from the Department and are also available at https://cdn.ymaws.com/www.nena.org/resource/resmgr/standards/nena-sta-006_ng9-1-1_gis_dat.pdf Statutory/Other Authority: ORS 403.120; 2015 HB 2426 Statutes/Other Implemented: ORS 403 & 2015 HB 2426 History: OEM 19-2023, minor correction filed 04/07/2023, effective 04/07/2023 OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018 OEM 3-2015, f. & cert. ef. 12-1-15
104-080-0125 Obtaining ANI and ALI Information without an Emergency Call and performing a reverse lookup (1) Queries of a provider’s ANI and ALI database by a primary PSAP, in the absence of an emergency call, are limited to situations in which such action is necessary to locate an individual who may be at risk of death or immediate serious physical harm, poll records to ensure accuracy, or verify MSAG, ANI and ALI data. Queries may include automated or manual reverse lookup, ANI and ALI dip, and the pinging of wireless devices. (2) A database provider must provide access to ANI or ALI data upon request of a primary PSAP. The database provider must make ANI or ALI data available in a timely manner to meet the requirements of OAR 104, Division 080, and any applicable local or federal requirements. Statutory/Other Authority: ORS 403.120; 2015 HB 2426 Statutes/Other Implemented: ORS 403 & 2015 HB 2426 History: OEM 3-2015, f. & cert. ef. 12-1-15
104-080-0135 Use of Non-Published ANI and ALI Information (1) When the automatic display of ANI and ALI is identified as non-published (NP) information that is not to be made publicly available in phone listings, a primary PSAP must obtain permission from the caller before such ANI or ALI information may be disclosed to the public. A caller grants permission only if the caller identifies him or herself as the person listed in the NP data source and indicates that the NP ANI and ALI information may be disclosed to the public. Any information obtained from a caller in an emergency call may be used for emergency dispatch purposes without permission or restriction. The provider of ANI and ALI shall provide a NP designation in its data sources and shall notify end users of privacy limitations associated with calls placed to the emergency communications system. (2) All records and reports relating to an emergency call must be reviewed for confidential information prior to public disclosure. Upon determination that confidential information exists, disclosure may take place only after all data received from the NP data source is redacted in compliance with ORS 403.135(2). (3) Upon receipt of ANI and ALI with a NP designation, the telecommunicator shall indicate that the information is from a NP data source when transferring the ANI and ALI to the dispatcher or a public or private safety agency. Statutory/Other Authority: ORS 403.120; 2015 HB 2426 Statutes/Other Implemented: ORS 403 & 2015 HB 2426 History: OEM 3-2015, f. & cert. ef. 12-1-15
104-080-0140 Requirements of providers (1) A provider must first route emergency calls to the primary PSAP serving the 9-1-1 service area where the call originates. (2) A provider must provide to the Department documentation, including a description of the process, demonstrating that the P.01 grade of service is met for each primary PSAP. (3) A provider must provide annually a list of prices for the network exchange services necessary to provide the minimum P.01 grade of service. The list of prices must have been approved within a tariff schedule by the Oregon Public Utilities Commission. (4) A provider shall develop and maintain a plan to monitor and maintain the quality of its services. On an annual basis or as requested by the Department or 9-1 1 jurisdiction, a provider shall provide documentation to the Department or 9-1-1 jurisdiction that its network is designed to a P.01 grade of service. (5) A provider providing ANI and ALI must present uniform data streams identified in the Oregon ANI and ALI Format as required for PSAP operations. Such data streams must be transmitted in a manner permitting a PSAP's station terminal equipment to display ANI and ALI information in a predetermined format. Unless otherwise approved by the Department, a provider of ANI and ALI must use the Oregon ANI and ALI Format.[1] (6) A provider providing ANI or ALI shall provide a complete copy of the ANI and ALI database to the PSAP, or its authorized MSAG Coordinator, on an annual basis or as agreed upon within the contract for service. The copy of the ANI and ALI shall be distributed by the provider of the ANI and ALI to the MSAG coordinator for the PSAP and made available to the Department for the purpose of performing data validation processes. (7) A provider shall provide an updated MSAG to the designated MSAG coordinator for each PSAP either on a quarterly basis or as agreed upon within the contract for service. (a) A provider shall provide access to the MSAG to the MSAG Coordinator of each primary PSAP, with full editing permissions to the MSAG database for the designated 9-1-1 service area. (b) A provider shall provide access to the MSAG to the Department, with full viewing rights to the MSAG database. [Publications [1]: Publications referred to or incorporated by reference in this rule are available from the Department and are also available at https://www.oregon.gov/OEM/Documents/oregonali_aliaqor.pdf] Statutory/Other Authority: ORS 403.120; 2015 HB 2426 Statutes/Other Implemented: ORS 403 & 2015 HB 2426 History: OEM 21-2023, minor correction filed 04/07/2023, effective 04/07/2023 OEM 2-2018, amend filed 11/02/2018, effective 11/02/2018 OEM 3-2015, f. & cert. ef. 12-1-15
104-080-0160 The Emergency Communications System (1) The Department shall coordinate with all parties to ensure effective delivery of the emergency call using the emergency communications system, including providers, 9-1-1 Jurisdictions and PSAP staff. (2) The delivery of an emergency call requires: (a) A secure network for delivery of ALI; (b) The secure delivery of ANI by the provider; (c) CPE at each PSAP for emergency call processing and display; (d) Mapping software and hardware showing the caller’s location; and (e) Equipment allowing direct communication with the caller. Statutory/Other Authority: ORS 403.120; 2015 HB 2426 Statutes/Other Implemented: ORS 403 & 2015 HB 2426 History: OEM 23-2023, minor correction filed 04/10/2023, effective 04/10/2023 OEM 3-2015, f. & cert. ef. 12-1-15