ORS 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 (Public universities). The Oregon Infrastructure Finance Authority established in the department by ORS 285A.096 (Oregon Infrastructure Finance Authority) 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 (Grant program for seismic rehabilitation of certain facilities) 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.
401.910 (Grant program for seismic rehabilitation of certain facilities). (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 (Public universities). The Oregon Infrastructure Finance Authority established in the department by ORS 285A.096 (Oregon Infrastructure Finance Authority) 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.

Source: Section 401.910 — Grant program for seismic rehabilitation of certain facilities; 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
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