1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session House Bill 3309 Sponsored by Representative EVANS SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced.The statement includes a measure digest written in compliance with applicable readability standards. Digest: The Act creates an account to help public bodies respond to emergencies. (Flesch Readability Score: 60.7). Establishes the Oregon Public Assistance Grant Account as an account in the Oregon Disaster Response Fund. Continuously appropriates the moneys in the account to the Oregon Department of Emergency Management for funding to state agencies, local governments, special government bodies, federally recognized Indian tribes and nonprofit organizations for specified emergency response ac- tivities. A BILL FOR AN ACT Relating to emergency management; creating new provisions; and amending ORS 401.025, 401.534 and401.536. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 401.025 is amended to read: 401.025. 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 mate- rial 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 sub- section. (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 enforce- ment, medical, health and sanitation services, engineering and public works, search and rescue ac- tivities, warning and public information, damage assessment[,] and administration and fiscal management[, and those measures defined as “civil defense” in 50 U.S.C. app. 2252]. NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 2494 HB3309 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (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). (6) “Special government body” has the meaning given that term in ORS 174.117. (7) “State-declared emergency” means an emergency that is the subject of a declaration of a state of emergency under this chapter. SECTION 2. ORS 401.534 and 401.536 and section 3 of this 2025 Act are added to and made a part of ORS chapter 401. SECTION 3.(1) The Oregon Public Assistance Grant Account is established as an account in the Oregon Disaster Response Fund.The account consists of moneys appropriated by the Legislative Assembly for deposit in the account 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 grants to local governments, special government bodies, federally recog- nized Indian tribes and nonprofit organizations to repair or replace critical infrastructure or restore economic centers impacted by state-declared emergencies that are not federally declareddisasters; (b) Providing grants to local governments, special government bodies, federally recog- nized Indian tribes and nonprofit organizations to match federal moneys available through the Federal Emergency Management Agency’s Public Assistance Program to repair or re- place public facilities and infrastructure following state-declared emergencies that are federally declared disasters; and (c) Providing funding to state agencies and nonprofit organizations for emergency re- sponse activities, including emergency protective measures and debris removal, performed at the direction of the department: (A) During state-declared emergencies that are not federally declared disasters; and (B) Following state-declared emergencies that are federally declared disasters, to match federal moneys available through the Federal Emergency Management Agency’s Public As- sistanceProgram. (3) The department may adopt rules necessary for the administration of this section. SECTION 4. ORS 401.534 is amended to read: 401.534. (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 ef- forts shall be deposited into the Oregon Disaster Response Fund. Moneys in the fund are contin- uously 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 re- covery efforts related to federally declared disasters in this state or state-declared emergencies; and (b) Implement long-term hazard mitigation measures after a federally declared disaster in this state or a state-declared emergency during the period of immediate recovery from the disaster oremergency. (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. [2] HB3309 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (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 or emergency; (b) The actual and projected deposits into the fund; (c) The sources of actual and projected expenditures from 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 gov- ernment units. (5) Following the final expenditure for a particular disaster or emergency, 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 sec- tion. SECTION 5. ORS 401.536 is amended to read: 401.536. (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 Emer- gency 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 deter- mined 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: [3] HB3309 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (a) Review the recommendations of the department regarding loans under subsection (2)(a) of thissection; (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 sub- section (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; (c) A representative of the office of the State Treasurer; (d) A representative of the department; (e) A representative of school districts, with membership determined by the Oregon School BoardsAssociation; (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; (c) Eligibility requirements for applicants for loans under subsection (2)(a) of this section; (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 ex- penses;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. [4]