reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 40 - OREGON EMERGENCY RESPONSE SYSTEM › Section 104-040-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The objectives of the Oregon Emergency Response System are to
				provide and implement a plan for coordinated state agency action in cases
				involving natural or technological hazards or civil disorder that threaten the
				citizens or resources of Oregon. ORS 466.635 requires that any person owning or
				having control over any oil or hazardous material who has knowledge of a spill
				or a release shall immediately notify The Oregon Department of Emergency
				Management as soon as that person knows the spill or release is a reportable
				quantity. ORS 761.405 requires each railroad shall notify the Administrator of
				The Oregon Department of Emergency Management by telephone or similar means of
				communications of any derailment or fire involving or affecting hazardous
				material. OAR 345-060-0030  requires that the carrier of any radioactive
				material shall immediately notify local emergency response authorities and the
				Oregon Emergency Response System of any vehicle accidents regardless of whether
				radioactive material has been damaged or dispersed; loss of any radioactive
				material; and tampering with or obstruction of any new shipments. Section 304,
				Title III of the Federal Superfund Amendments and Re-Authorization Act of 1986
				requires facilities to notify the LEPC and the SERC if there is a release of a
				listed hazardous substance that exceeds the reportable quantity for that
				substance. State agencies are directed to provide cooperative response
				assistance within their resources and authority to other agencies, which may
				include, but is not limited to federal, state, counties, cities and special
				districts. This can be accomplished by:
(1) Establishing a Memorandum of
			 Understanding which promises cooperative assistance and coordinated effort
			 among signatory state agencies;
(2)
			 Establishing an Oregon Emergency Response System Council which shall direct
			 activities of the system;
(3)
			 Creating a review process for major incidents that occur in the
			 state;
(4) Developing an exercise
			 program that will test the system on a periodic basis;
(5) Conduct emergency management training for
			 signatory agencies;
(6) Develop and
			 manage an incident report system.
Statutory/Other Authority: ORS 401.270(1)
Statutes/Other Implemented: ORS
				  401.275
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 40 - OREGON EMERGENCY RESPONSE SYSTEM › Section 104-040-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "OERS" is the Oregon Emergency Response
			 System.
(2) "The Division" is The
			 Oregon Department of Emergency Management.
(3) "MOU" refers to the Memorandum of
			 Understanding signed by state agencies participating in the Oregon Emergency
			 Response System.
(4) "Signatory
			 Agencies" refers to those state agencies that have a role in emergency response
			 activities, and participate as members of the Oregon Emergency Response
			 System.
(5) "ORS" means Oregon
			 Revised Statutes.
(6) "Hazardous
			 Materials" shall mean "hazardous substance" as that term is defined in ORS
			 453.307(4).
(7) "LEPC" is the Local
			 Emergency Planning Committee.
(8)
			 "SERC" is the State Emergency Response Commission.
Statutory/Other Authority: ORS 401.270(1)
Statutes/Other Implemented: ORS
				  401.275
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 40 - OREGON EMERGENCY RESPONSE SYSTEM › Section 104-040-0020 - Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Emergency Response System
			 shall be managed by The Oregon Department of Emergency Management. A council
			 shall be established that includes representation from each of the
			 participating state agencies.
(2)
			 The Oregon Emergency Response 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.
(3) The responsibilities of the Council
			 include but are not limited to the following:
(a) Establish planning guidelines and review
			 procedures;
(b) Develop criteria
			 for the provision of call lists and the notification of personnel through the
			 Oregon Emergency Response System;
(c) Conduct reviews of major incidents that
			 occur in the state;
(d) Develop and
			 conduct emergency management training for signatory agencies; and
(e) Advise the Division on changes necessary
			 to improve or update Oregon's emergency management and operations
			 plans.
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 45 - STATE PREPAREDNESS AND INCIDENT RESPONSE EQUIPMENT (SPIRE) GRANT PROGRAM › Section 104-045-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish a grant program pursuant to ORS 401.551 and  ORS 401.552 for the disbursement of money from the Resiliency Grant Fund
				established by the Oregon Legislative Assembly for the purpose of procuring
				Emergency Preparedness Equipment to help Oregon communities prepare for,
				respond to, and recover from emergencies. This program is known as the State
				Preparedness and Incident Response Equipment (SPIRE) Grant
				Program.
Statutory/Other Authority: ORS 401.551 & ORS
				  401.552
Statutes/Other Implemented: ORS 401.551 & ORS
				  401.552
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 45 - STATE PREPAREDNESS AND INCIDENT RESPONSE EQUIPMENT (SPIRE) GRANT PROGRAM › Section 104-045-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Authority" means The Oregon Department of Emergency Management.
(2) "Emergency" has the meaning given that term in ORS 401.025.
(3) "Maintain" means to repair, perform upkeep on and otherwise keep in good working condition.
(4) "Preparedness Equipment" means equipment, vehicles or other personal property that in accordance with ORS 401.551:
(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.
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 45 - STATE PREPAREDNESS AND INCIDENT RESPONSE EQUIPMENT (SPIRE) GRANT PROGRAM › Section 104-045-0020 - Eligible Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Qualified
			 Applicants may request Preparedness Equipment that is identified on the list
			 adopted by the Oregon Homeland Security Council pursuant to ORS
			 401.551.
(2) 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, response, and/or recovery.
Statutory/Other Authority: ORS 401.551 & ORS
				  401.552
Statutes/Other Implemented: ORS 401.551 & ORS
				  401.552
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 45 - STATE PREPAREDNESS AND INCIDENT RESPONSE EQUIPMENT (SPIRE) GRANT PROGRAM › Section 104-045-0030 - Grant Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Qualified
			 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.
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 45 - STATE PREPAREDNESS AND INCIDENT RESPONSE EQUIPMENT (SPIRE) GRANT PROGRAM › Section 104-045-0040 - Grant Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority
			 will review all applications to ensure they are complete and meet grant
			 eligibility requirements.
(2) The
			 Authority will convene a Grant Selection Committee to evaluate, score, and
			 prioritize 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 Resiliency Grant Fund to determine which Applicants will
			 receive Preparedness Equipment.
(4)
			 The Authority will notify all Applicants of the funding decisions within 90
			 days of the due date for application submission.
Statutory/Other Authority: ORS 401.551 & ORS
				  401.552
Statutes/Other Implemented: ORS 401.551 & ORS
				  401.552
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 45 - STATE PREPAREDNESS AND INCIDENT RESPONSE EQUIPMENT (SPIRE) GRANT PROGRAM › Section 104-045-0050 - Grant Awards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Grants will
			 be awarded only when there are sufficient funds available in the Resiliency
			 Grant Fund.
(2) The Authority will
			 purchase the approved Preparedness Equipment on behalf of the Grantee and
			 distribute the equipment.
Statutory/Other Authority: ORS 401.551 & ORS
				  401.552
Statutes/Other Implemented: ORS 401.551 & ORS
				  401.552
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 45 - STATE PREPAREDNESS AND INCIDENT RESPONSE EQUIPMENT (SPIRE) GRANT PROGRAM › Section 104-045-0060 - Grant Agreements and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Authority shall provide a Grant Agreement to each 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 enter into Grant
			 Agreements with new Grantees or may amend agreements with prior Grantees if all
			 reporting obligations under the earlier agreements have been met.
(3) The Authority and the Grantee must
			 execute a Grant Agreement or amendment prior to any equipment being
			 disbursed.
(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 may be terminated. The
			 money allocated to the grant will then be available for reallocation by the
			 Authority consistent with the application priorities 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) Grantees shall comply with all progress
			 and financial reporting requirements outlined in the Grant Agreement.
(7) All equipment under the grant remains the
			 property of the State of Oregon until it is transferred, sold, or otherwise
			 disposed of, consistent with the provisions of law or the grant agreement. All
			 equipment must be maintained, marked, tracked, and made available with or
			 without notice by ODEM.
Statutory/Other Authority: ORS 401.551 & ORS
				  401.552
Statutes/Other Implemented: ORS 401.551 & ORS
				  401.552
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 45 - STATE PREPAREDNESS AND INCIDENT RESPONSE EQUIPMENT (SPIRE) GRANT PROGRAM › Section 104-045-0070 - Project Administration

Current through Register Vol. 63, No. 7, July 1, 2024
The Authority shall administer Resiliency Grant Funds in
				compliance with the requirements of applicable statutes and rules and the
				guidance provided in the Grant Application Package.
Statutory/Other Authority: ORS 401.551 & ORS
				  401.552
Statutes/Other Implemented: ORS 401.551 & ORS
				  401.552
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 45 - STATE PREPAREDNESS AND INCIDENT RESPONSE EQUIPMENT (SPIRE) GRANT PROGRAM › Section 104-045-0080 - Waivers, Exceptions and Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(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 an
			 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 401.551 & ORS
				  401.552
Statutes/Other Implemented: ORS 401.551 & ORS
				  401.552
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 45 - STATE PREPAREDNESS AND INCIDENT RESPONSE EQUIPMENT (SPIRE) GRANT PROGRAM › Section 104-045-0090 - Program Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
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 401.551 & ORS
				  401.552
Statutes/Other Implemented: ORS 401.551 & ORS
				  401.552
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 50 - OREGON SEISMIC REHABILITATION GRANTS PROGRAM › Section 104-050-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director of The Oregon Department of
			 Emergency Management (ODEM), pursuant to Oregon Revised Statutes (ORS) 401.300,
			 shall develop and administer grant programs for the seismic rehabilitation of
			 critical public buildings.
(2) The
			 funds for the seismic rehabilitation of critical public buildings under the
			 grant program are provided from the issuance of bonds pursuant to the authority
			 provided in Articles XI-M and XI-N of the Oregon Constitution.
Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS
				  401.300
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 50 - OREGON SEISMIC REHABILITATION GRANTS PROGRAM › Section 104-050-0020 - Eligible Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
The following are eligible to apply for a Seismic
				Rehabilitation Grant, except those determined to be ineligible by the
				Department because of nonperformance under a prior Seismic Rehabilitation Grant
				contract:
(1) All 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.
(2)
			 Kindergarten through grade 12 public schools, community colleges, education
			 service districts and institutions of higher education buildings with a
			 capacity of 250 or more persons that are routinely used for student activities
			 and are owned by the State Board of Higher Education, a school district, an
			 education service district, a community college district or a community college
			 service district.
Stat. Auth.: ORS
				  401.300
Stats. Implemented: ORS
				  401.300
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 50 - OREGON SEISMIC REHABILITATION GRANTS PROGRAM › Section 104-050-0030 - Program Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODEM shall
			 prepare a Grant Application Package. The application package may contain a
			 guidance document, application forms, and other supplementary information that
			 may help eligible applicants prepare grant applications.
(2) The guidance document will include a
			 description of eligibility criteria, and ranking factors used to evaluate and
			 select applications for funding.
(3) The Grant Application Package on file
			 with ODEM is incorporated as part of these rules by reference.
(4) ODEM will provide to Seismic
			 Rehabilitation grantee a Grant Contract which specifies legal requirements for
			 grant management, reporting, and record keeping, and OEM's monitoring and grant
			 closeout procedures.
(5) ODEM shall
			 administer Seismic Rehabilitation Grants in compliance with the requirements of
			 applicable statutes, rules, and the Grant Guidance Document.
Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS
				  401.300
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 50 - OREGON SEISMIC REHABILITATION GRANTS PROGRAM › Section 104-050-0040 - Program Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
The grantee shall be responsible for taking all actions
				necessary to enforce the terms of the grant contract against any private or
				public participant who fails to comply with applicable provisions of the grant
				contract, and to recover on behalf of the state any liabilities that may arise
				as the result of the breach of the grant contract by any participant. Nothing
				in this paragraph shall restrict the state's rights to enforce independently
				the terms of any grant contract or to recover any sums that may become due as
				the result of a breach of such a contract.
Stat. Auth.: ORS
				  401.300
Stats. Implemented: ORS
				  401.300
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 50 - OREGON SEISMIC REHABILITATION GRANTS PROGRAM › Section 104-050-0050 - Project Eligible Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Projects must meet the following criteria to be eligible for
				this program:
(1) Education buildings
			 rehabilitated to life safety seismic safety performance level as defined in OAR
			 104-050-0010.
(2) Emergency
			 services buildings rehabilitated to immediate occupancy seismic safety
			 performance level as defined in OAR 104-050-0010.
Stat. Auth.: ORS
				  401.300
Stats. Implemented: ORS
				  401.300
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 50 - OREGON SEISMIC REHABILITATION GRANTS PROGRAM › Section 104-050-0055 - Project Ineligible Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Project ineligible activities include, but are not limited
				to:
(1) The demolition and rebuild of
			 an existing critical public building.
(2) Rehabilitation to a building located in
			 the Tsunami Inundation Zone as defined in OAR 104-050-0010.
(3) Rehabilitation of a building located in
			 the flood zone, with no previous mitigation activities completed.
(4) Partial rehabilitation of a building that
			 does not holistically address all known seismic deficiencies, as defined in OAR
			 104-050-0010.
Stat. Auth.: ORS
				  401.300
Stats. Implemented: ORS
				  401.300
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 50 - OREGON SEISMIC REHABILITATION GRANTS PROGRAM › Section 104-050-0060 - Application Submittal, Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 ODEM shall announce deadlines for submitting applications, how to obtain an
			 application form, and required supplemental documents.
(2) An eligible critical public building may
			 submit an application after consulting with ODEM on a preliminary determination
			 of eligibility and otherwise follow ODEM's procedures for submitting
			 applications. The application must be in the form provided by ODEM and must
			 contain or be accompanied by such information as ODEM may require. ODEM will
			 process only completed applications.
(3) Upon receipt of signed application, ODEM
			 will notify the applicant within 30 days as to the receipt of the
			 application.
(4) Upon receipt of a
			 completed application, ODEM will provide the Grant Selection Committee with
			 copies of the application materials to evaluate the application using ranking
			 factors and point values to determine the project's prioritization ranking
			 during a public meeting.
(5) Once a
			 completed application is evaluated for a grant award, the Grant Selection
			 Committee will, within 90 days, notify applicants of the status of their grant
			 application.
Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS
				  401.300
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 50 - OREGON SEISMIC REHABILITATION GRANTS PROGRAM › Section 104-050-0070 - Project Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODEM and the
			 applicant must execute a grant contract prior to disbursal of grant
			 funds.
(2) Documentation of project
			 costs incurred by entity must be submitted to ODEM prior to disbursal of
			 funds.
(3) Disbursal of grant funds
			 to entity will be made on the schedule determined by ODEM.
(4) Prior to final disbursement, ODEM will
			 review and evaluate all documents produced as a result of the project, perform
			 a final on-site inspection of the completed project and determine how closely
			 the project delivered the outcome anticipated in the application.
Statutory/Other Authority: ORS 401.300
Statutes/Other Implemented: ORS
				  401.300
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 50 - OREGON SEISMIC REHABILITATION GRANTS PROGRAM › Section 104-050-0080 - Grant Awards and Match

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Grants will be awarded only when there are sufficient funds available in the
			 Seismic Rehabilitation Grants program.
(2) Grant funds shall be distributed
			 proportionately between public education facilities and emergency services
			 facilities as allocated by the Legislative Assembly.
(3) The maximum grant award is $1.5
			 million.
(4) There is no required
			 match for this program. Additional application points may be considered for
			 applicants that provide matching funds.
Stat. Auth.: ORS
				  401.300
Stats. Implemented: ORS
				  401.300
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 50 - OREGON SEISMIC REHABILITATION GRANTS PROGRAM › Section 104-050-0090 - Grant Agreement Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 50 - OREGON SEISMIC REHABILITATION GRANTS PROGRAM › Section 104-050-0100 - Waivers, Exceptions and Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 55 - FUEL STORAGE FACILITY COMPATIBILITY FUND GRANT PROGRAM › Section 104-055-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth: ORS 85
Stats Implemented: ORS 85
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 55 - FUEL STORAGE FACILITY COMPATIBILITY FUND GRANT PROGRAM › Section 104-055-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 55 - FUEL STORAGE FACILITY COMPATIBILITY FUND GRANT PROGRAM › Section 104-055-0020 - Eligible Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 55 - FUEL STORAGE FACILITY COMPATIBILITY FUND GRANT PROGRAM › Section 104-055-0030 - Eligible Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth: ORS 85
Stats Implemented: ORS 85
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 55 - FUEL STORAGE FACILITY COMPATIBILITY FUND GRANT PROGRAM › Section 104-055-0040 - Grant Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 55 - FUEL STORAGE FACILITY COMPATIBILITY FUND GRANT PROGRAM › Section 104-055-0050 - Grant Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth: ORS 85
Stats Implemented: ORS 85
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 55 - FUEL STORAGE FACILITY COMPATIBILITY FUND GRANT PROGRAM › Section 104-055-0060 - Grant Awards and Match

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth: ORS 85
Stats Implemented: ORS 85
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 55 - FUEL STORAGE FACILITY COMPATIBILITY FUND GRANT PROGRAM › Section 104-055-0070 - Grant Agreements and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth: ORS 85
Stats Implemented: ORS 85
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 55 - FUEL STORAGE FACILITY COMPATIBILITY FUND GRANT PROGRAM › Section 104-055-0080 - Project Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth: ORS 85
Stats Implemented: ORS 85
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 55 - FUEL STORAGE FACILITY COMPATIBILITY FUND GRANT PROGRAM › Section 104-055-0090 - Waivers, Exceptions and Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth: ORS 85
Stats Implemented: ORS 85
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 55 - FUEL STORAGE FACILITY COMPATIBILITY FUND GRANT PROGRAM › Section 104-055-0100 - Program Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth: ORS 85
Stats Implemented: ORS 85
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 60 - 9-1-1 STANDARDS AND TRAINING (Repealed) › Section 104-060-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  401.735(1)
Stats. Implemented: ORS
				  401.735
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 60 - 9-1-1 STANDARDS AND TRAINING (Repealed) › Section 104-060-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  401.735(1)
Stats. Implemented: ORS
				  401.735
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 60 - 9-1-1 STANDARDS AND TRAINING (Repealed) › Section 104-060-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  401.735(1)
Stats. Implemented: ORS
				  401.735
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 60 - 9-1-1 STANDARDS AND TRAINING (Repealed) › Section 104-060-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  401.735(1)
Stats. Implemented: ORS
				  401.735
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 60 - 9-1-1 STANDARDS AND TRAINING (Repealed) › Section 104-060-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  401.735(1)
Stats. Implemented: ORS
				  401.735
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 60 - 9-1-1 STANDARDS AND TRAINING (Repealed) › Section 104-060-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  401.735(1)
Stats. Implemented: ORS
				  401.735
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 80 - 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM › Section 104-080-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 80 - 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM › Section 104-080-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  403.120(1)(a)
Stats. Implemented: ORS
				  403.105 -
				  403.165
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 80 - 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM › Section 104-080-0020 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  403.120(1)(a)
Stats. Implemented: ORS
				  403.105 -
				  403.165
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 80 - 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM › Section 104-080-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  403.120(1)(a)
Stats. Implemented: ORS
				  403.105 -
				  403.165
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 80 - 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM › Section 104-080-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  403.120(1)(a)
Stats. Implemented: ORS
				  403.105 -
				  403.165
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 80 - 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM › Section 104-080-0050 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  403.120(1)(a)
Stats. Implemented: ORS
				  403.105 -
				  403.165
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 80 - 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM › Section 104-080-0060 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  403.120(1)(a)
Stats. Implemented: ORS
				  403.105 -
				  403.165
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 80 - 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM › Section 104-080-0070 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  403.120(1)(a)
Stats. Implemented: ORS
				  403.105 -
				  403.165
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 80 - 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM › Section 104-080-0110 - Requirements of the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 80 - 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM › Section 104-080-0120 - Requirements of a 9-1-1 jurisdiction in operation of a primary PSAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All emergency calls received in the State
			 of Oregon must be answered by a telecommunicator.
(2) A telecommunicator at a primary PSAP must
			 attempt to avoid multiple call transfers and must transfer an emergency call
			 only when necessary.
(3) A
			 telecommunicator at a primary PSAP must attempt to obtain the following
			 information from the caller and not rely solely on the automatic display of ANI
			 and ALI information, unless the information is not available at the time of the
			 call:
(a) Location of caller;
(b) Location of the emergency;
(c) Nature of emergency; and
(d) The call back number of the device from
			 which the caller is placing the call.
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 80 - 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM › Section 104-080-0125 - Obtaining ANI and ALI Information without an Emergency Call and performing a reverse lookup

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  403.120; 2015 HB 2426
Stats. Implemented: ORS 403; 2015 HB
				  2426
Oregon Administrative Rules › Chapter 104 - OREGON DEPARTMENT OF EMERGENCY MANAGEMENT › Division 80 - 9-1-1 EMERGENCY COMMUNICATIONS SYSTEM PROGRAM › Section 104-080-0135 - Use of Non-Published ANI and ALI Information

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  403.120; 2015 HB 2426
Stats. Implemented: ORS 403; 2015 HB
				  2426