ORS 401.536
Oregon Local Disaster Assistance Loan and Grant Account

  • Local Disaster Assistance Review Board
  • rules

(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 Emergency Management for:

(a)

Providing loans to local governments, as defined in ORS 174.116 (“Local government” and “local service district” defined), and school districts 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 local governments, as defined in ORS 174.116 (“Local government” and “local service district” defined), and school districts, for the purpose of paying costs incurred by local governments and school districts in response to federally declared disasters;

(c)

Providing loans and grants to local governments, as defined in ORS 174.116 (“Local government” and “local service district” defined), and school districts for the purposes of paying costs incurred by local governments and school districts in response to disasters that are not federally declared disasters, as determined 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:

(a)

Review the recommendations of the department regarding loans under subsection (2)(a) of this section;

(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 subsection (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 Boards Association;

(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 expenses; 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. [2008 c.18 §6; 2012 c.107 §98; 2013 c.722 §35; 2021 c.539 §40]
Note: The amendments to 401.536 (Oregon Local Disaster Assistance Loan and Grant Account) by section 40, 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.
401.536 (Oregon Local Disaster Assistance Loan and Grant Account). (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 Military Department for:

(a)

Providing loans to local governments, as defined in ORS 174.116 (“Local government” and “local service district” defined), and school districts 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 local governments, as defined in ORS 174.116 (“Local government” and “local service district” defined), and school districts, for the purpose of paying costs incurred by local governments and school districts in response to federally declared disasters;

(c)

Providing loans and grants to local governments, as defined in ORS 174.116 (“Local government” and “local service district” defined), and school districts for the purposes of paying costs incurred by local governments and school districts in response to disasters that are not federally declared disasters, as determined 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 Military Department shall deposit into the account any amounts repaid on loans made under subsection (2)(a) of this section.

(5)

The Oregon Military 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 Oregon Military 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 Oregon Military Department shall establish a Local Disaster Assistance Review Board to:

(a)

Review the recommendations of the department regarding loans under subsection (2)(a) of this section;

(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 subsection (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 Oregon Military Department;

(e)

A representative of school districts, with membership determined by the Oregon School Boards Association;

(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 Office of Emergency Management of the Oregon Military Department 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 expenses; and

(f)

Procedures for submission of recommendations to the review board for loans under subsection (2)(a) of this section.

(10)

The Oregon Military Department shall provide staff support for the review board.
Note: 401.536 (Oregon Local Disaster Assistance Loan and Grant Account) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 401.536 — Oregon Local Disaster Assistance Loan and Grant Account; Local Disaster Assistance Review Board; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors401.­html.

401.025
Definitions for ORS chapter 401 401.032
Statement of policy and purpose 401.035
Responsibility for emergency services systems 401.052
Responsibilities of Oregon Department of Emergency Management 401.054
Liaisons with Oregon Department of Emergency Management 401.062
Oregon Department of Emergency Management 401.072
Appointment of deputy director 401.076
Rules 401.082
Advisory and technical committees 401.088
Interagency agreements 401.092
Duties of director 401.094
System for notification of emergencies 401.096
Federal grants for emergency management and services 401.109
Oregon Homeland Security Council 401.114
Emergency preparedness functions 401.165
Declaration of state of emergency 401.168
Governor’s powers during state of emergency 401.175
Additional powers during emergency 401.178
Removal of disaster debris or wreckage 401.185
Providing temporary housing during emergency 401.186
Waiver of waiting period for unemployment benefits 401.188
Management of resources during emergency 401.192
Effect of rules and orders during emergency 401.198
Seizure of firearms during emergency 401.204
Termination of state of emergency 401.232
Federal financial assistance to political subdivision 401.234
Federal financial assistance to individuals or families 401.236
Rules 401.239
First informers 401.256
Oregon Safety Assessment Program 401.305
Emergency management agency of city, county or tribal government 401.307
Emergency management agency appropriation 401.309
Declaration of state of emergency by city or county 401.315
City or county authorized to incur obligations for emergency services 401.335
Temporary housing for disaster victims 401.341
Building inspections by private qualified professionals 401.358
Definitions for ORS 401.358 to 401.368 401.362
Application 401.364
Coverage under Oregon Tort Claims Act 401.368
Workers’ compensation benefits 401.378
Leaves of absence for certified disaster relief volunteers 401.505
Acceptance of aid for emergency services 401.525
Use of moneys and property for emergency services authorized 401.532
Oregon Pre-Disaster Mitigation Fund 401.534
Oregon Disaster Response Fund 401.536
Oregon Local Disaster Assistance Loan and Grant Account 401.551
Emergency preparedness equipment grant program 401.552
Resiliency Grant Fund 401.651
Definitions for ORS 401.651 to 401.670 401.654
Registry of emergency health care providers 401.655
Practice by out-of-state health care provider during emergency 401.656
Provision of health care services by members of Oregon National Guard during emergency 401.657
Emergency health care facility 401.658
Provision of health care services by former health care provider during emergency 401.661
Provision of health care services after declaration of emergency 401.664
Emergency operations plan 401.667
Coverage under Oregon Tort Claims Act 401.670
Rules 401.680
Legislative findings 401.685
Definitions 401.690
Exemption from certain taxes, registration and licensing requirements 401.695
Reporting by registered business to Oregon Department of Administrative Services 401.851
Wildfire planning and coordination 401.900
State and local agency earthquake drills 401.902
Private employer earthquake drills 401.904
Rules 401.910
Grant program for seismic rehabilitation of certain facilities 401.913
State Resilience Officer 401.915
Seismic Safety Policy Advisory Commission 401.918
Mission of commission 401.920
Officers 401.922
Support services 401.925
Advisory and technical committees 401.930
Assignment by Governor of local resources under direction of State Fire Marshal 401.932
Powers and duties of local personnel acting under direction of State Fire Marshal 401.935
Liability for expenses incurred and for loss or damage to local equipment 401.938
Liability for expenses incurred using local personnel 401.940
Immunity from liability for local personnel acting in line of duty 401.950
Definitions 401.952
Uniform tsunami warning signal 401.955
Contributions to finance tsunami warning system 401.960
Definitions for ORS 401.960, 401.962, 401.965 and 401.970 401.962
Legislative findings 401.965
Abnormal disruption of market 401.970
Applicability of remedies 401.975
Legislative findings 401.977
Animal emergency operations plan 401.978
Livestock emergency operations plan 401.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 401.536’s source at oregon​.gov