OR Rev Stat § 401.910 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 401 - Emergency Management and Services|Section 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; (c) The Seismic Safety Policy Advisory Commission; (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. (c) Allow an applicant to appeal any determination of grant funding to the authority for reevaluation. (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] Note: The amendments to 401.910 by section 48, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience. (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 Office of Emergency Management; (b) The State Department of Geology and Mineral Industries; (c) The Seismic Safety Policy Advisory Commission; (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. (c) Allow an applicant to appeal any determination of grant funding to the authority for reevaluation. (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.