Bill Text: OR HB4042 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to fire protection; appropriating money; prescribing an effective date.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4042 Detail]

Download: Oregon-2012-HB4042-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

HA to HB 4042

LC 38/HB 4042-1

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 4042

        By COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

                           February 8

  On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and line 3 and insert '477.755 and 477.777;
appropriating money; limiting expenditures; and prescribing an
effective date.'.
  Delete lines 5 through 28 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + } ORS 477.755 is amended to read:
  ' 477.755. (1) Notwithstanding ORS 291.238, the moneys in the
Oregon Forest Land Protection Fund are  { + continuously + }
appropriated
  { - continuously - }  to the Emergency Fire Cost Committee
 { - and - }   { + for the purpose of minimizing the risk to
public and private entities of costs, resource loss and
environmental damage from wildfires.  Subject to the amount
limits established in subsection (2) of this section, the fund
 + }shall be used for { + :
  ' (a) + } Equalizing emergency fire suppression costs
 { - for - }  { + ;
  ' (b) + } Safeguarding forestland in any forest protection
district  { - , and for - }  { + ;
  ' (c) Paying up to 50 percent of costs related to the
availability and mobilization of emergency fire suppression
resources on a statewide basis;
  ' (d) Paying up to 50 percent of the cost of emergency fire
suppression costs insurance; and
  ' (e) Paying  + }necessary administrative expenses { + , not to
exceed + }
  { - . However, such administrative expenses may not exceed - }
the limit authorized by the Legislative Assembly each biennium.
  ' (2) Notwithstanding any other provision of law, the annual
expenditure from the   { - Oregon Forest Land Protection - }
fund from revenues received from ORS 321.015 (2), 477.277 (1),
477.295 (1) and (2), 477.750 (1) and (2), 477.760 (4) and 477.880
 { - (2) may not exceed $10 million. - }  { +  may not exceed the
lesser of:
  ' (a) $12.5 million; or
  ' (b) The sum of:
  ' (A) The lesser of $2 million or 50 percent of the costs of
activities described in ORS 477.777 (1)(b) and (c);
  ' (B) Fifty percent of the annual premium for emergency fire
suppression costs insurance purchased under ORS 477.775;
  ' (C) The lesser of $2.5 million or 50 percent of eligible
annual emergency fire suppression costs as determined by the
committee;
  ' (D) The lesser of $7.5 million or the amount by which
eligible annual emergency fire suppression costs exceed $5
million but do not exceed the policy deductible for emergency
fire suppression costs insurance; and
  ' (E) Necessary administrative expenses as determined by the
committee and authorized under the limit described in subsection
(1)(e) of this section. + }
  ' (3) As used in this section, 'annual expenditure' means the
expenses of the   { - Oregon Forest Land Protection - }  fund
obligated in any 12-month period designated by the
 { - Emergency Fire Cost - } committee by rule that corresponds
to the policy period of any insurance for emergency fire
 { + suppression + } costs.
  '  { +  SECTION 2. + } ORS 477.755, as amended by section 1 of
this 2012 Act, is amended to read:
  ' 477.755. (1) Notwithstanding ORS 291.238, the moneys in the
Oregon Forest Land Protection Fund are continuously appropriated
to the Emergency Fire Cost Committee for the purpose of
minimizing the risk to public and private entities of costs,
resource loss and environmental damage from wildfires. Subject to
the amount limits established in subsection (2) of this section,
the fund shall be used for:
  ' (a) Equalizing emergency fire suppression costs;
  ' (b) Safeguarding forestland in any forest protection
district;
  ' (c) Paying up to 50 percent of costs related to the
availability and mobilization of emergency fire suppression
resources on a statewide basis;
  ' (d) Paying up to 50 percent of the cost of emergency fire
suppression costs insurance; and
  ' (e) Paying necessary administrative expenses, not to exceed
the limit authorized by the Legislative Assembly each biennium.
  ' (2) Notwithstanding any other provision of law, the annual
expenditure from the fund from revenues received from ORS 321.015
(2), 477.277 (1), 477.295 (1) and (2), 477.750 (1) and (2),
477.760 (4) and 477.880 may not exceed the lesser of:
  ' (a) $12.5 million; or
  ' (b) The sum of:
  ' (A) The lesser of $2 million or 50 percent of the costs of
activities described in ORS 477.777 (1)(b) and (c);
  ' (B) Fifty percent of the annual premium for emergency fire
suppression costs insurance purchased under ORS 477.775;
  ' (C) The lesser of   { - $2.5 - }  { +  $5 + } million or 50
percent of eligible annual emergency fire suppression costs as
determined by the committee;
  ' (D) The lesser of   { - $7.5 - }  { +  $5 + } million or the
amount by which eligible annual emergency fire suppression costs
exceed   { - $5 - }  { +  $10 + } million but do not exceed the
policy deductible for emergency fire suppression costs insurance;
and
  ' (E) Necessary administrative expenses as determined by the
committee and authorized under the limit described in subsection
(1)(e) of this section.
  ' (3) As used in this section, 'annual expenditure' means the
expenses of the fund obligated in any 12-month period designated
by the committee by rule that corresponds to the policy period of
any insurance for emergency fire suppression costs.
  '  { +  SECTION 3. + } ORS 477.755, as amended by sections 1
and 2 of this 2012 Act, is amended to read:
  ' 477.755. (1) Notwithstanding ORS 291.238, the moneys in the
Oregon Forest Land Protection Fund are continuously appropriated
to the Emergency Fire Cost Committee for the purpose of
minimizing the risk to public and private entities of costs,
resource loss and environmental damage from wildfires. Subject to
the amount limits established in subsection (2) of this section,
the fund shall be used for:
  ' (a) Equalizing emergency fire suppression costs;
  ' (b) Safeguarding forestland in any forest protection
district;
  ' (c) Paying up to 50 percent of costs related to the
availability and mobilization of emergency fire suppression
resources on a statewide basis;

  ' (d) Paying up to 50 percent of the cost of emergency fire
suppression costs insurance; and
  ' (e) Paying necessary administrative expenses, not to exceed
the limit authorized by the Legislative Assembly each biennium.
  ' (2) Notwithstanding any other provision of law, the annual
expenditure from the fund from revenues received from ORS 321.015
(2), 477.277 (1), 477.295 (1) and (2), 477.750 (1) and (2),
477.760 (4) and 477.880 may not exceed the lesser of:
  ' (a) $12.5 million; or
  ' (b) The sum of:
  ' (A) The lesser of $2 million or 50 percent of the costs of
activities described in ORS 477.777 (1)(b) and (c);
  ' (B) Fifty percent of the annual premium for emergency fire
suppression costs insurance purchased under ORS 477.775;
  ' (C) The lesser of   { - $5 - }  { +  $7.5 + } million or 50
percent of eligible annual emergency fire suppression costs as
determined by the committee;
  ' (D) The lesser of   { - $5 - }  { +  $2.5 + } million or the
amount by which eligible annual emergency fire suppression costs
exceed   { - $10 - }  { +  $15 + } million but do not exceed the
policy deductible for emergency fire suppression costs insurance;
and
  ' (E) Necessary administrative expenses as determined by the
committee and authorized under the limit described in subsection
(1)(e) of this section.
  ' (3) As used in this section, 'annual expenditure' means the
expenses of the fund obligated in any 12-month period designated
by the committee by rule that corresponds to the policy period of
any insurance for emergency fire suppression costs.
  '  { +  SECTION 4. + } ORS 477.755, as amended by sections 1, 2
and 3 of this 2012 Act, is amended to read:
  ' 477.755. (1) Notwithstanding ORS 291.238, the moneys in the
Oregon Forest Land Protection Fund are continuously appropriated
to the Emergency Fire Cost Committee for the purpose of
minimizing the risk to public and private entities of costs,
resource loss and environmental damage from wildfires. Subject to
the amount limits established in subsection (2) of this section,
the fund shall be used for:
  ' (a) Equalizing emergency fire suppression costs;
  ' (b) Safeguarding forestland in any forest protection
district;
  ' (c) Paying up to 50 percent of costs related to the
availability and mobilization of emergency fire suppression
resources on a statewide basis;
  ' (d) Paying up to 50 percent of the cost of emergency fire
suppression costs insurance; and
  ' (e) Paying necessary administrative expenses, not to exceed
the limit authorized by the Legislative Assembly each biennium.
  ' (2) Notwithstanding any other provision of law, the annual
expenditure from the fund from revenues received from ORS 321.015
(2), 477.277 (1), 477.295 (1) and (2), 477.750 (1) and (2),
477.760 (4) and 477.880 may not exceed the lesser of:
  ' (a) $12.5 million; or
  ' (b) The sum of:
  ' (A) The lesser of $2 million or 50 percent of the costs of
activities described in ORS 477.777 (1)(b) and (c);
  ' (B) Fifty percent of the annual premium for emergency fire
suppression costs insurance purchased under ORS 477.775;
  ' (C) The lesser of   { - $7.5 - }  { +  $10 + } million or 50
percent of eligible annual emergency fire suppression costs as
determined by the committee; { +  and + }
  '  { - (D) The lesser of $2.5 million or the amount by which
eligible annual emergency fire suppression costs exceed $15
million but do not exceed the policy deductible for emergency
fire suppression costs insurance; and - }
  '  { - (E) - }  { +  (D) + } Necessary administrative expenses
as determined by the committee and authorized under the limit
described in subsection (1)(e) of this section.
  ' (3) As used in this section, 'annual expenditure' means the
expenses of the fund obligated in any 12-month period designated
by the committee by rule that corresponds to the policy period of
any insurance for emergency fire suppression costs.
  '  { +  SECTION 5. + } ORS 477.777 is amended to read:
  ' 477.777. (1) As part of the preparation of the budget forms
submitted to the Oregon Department of Administrative Services
pursuant to ORS 291.208 for the State Forestry Department, the
State Forester shall prepare, in addition to any amounts budgeted
for forest protection districts pursuant to ORS 477.205 to
477.281, a budget request for a General Fund appropriation
 { - that may be used for any or all of the following - }  { +
for the following purposes + }:
  ' (a) Providing funds for the purchase of  { + emergency fire
suppression costs + } insurance under ORS 477.775.
  ' (b)   { - Placement of - }  { +  Placing + } centrally
managed fire suppression resources for statewide use.
  ' (c)   { - Acquisition of - }  { +  Acquiring + }
fast-mobilizing, short-term contingency resources to be used
based on predictions of unusually severe fire weather, widespread
lightning events or serious resource shortage due to a heavy fire
season { +  in this state, in the western region of the United
States or nationally + }.
  ' (d)   { - Enhancement of - }  { +  Enhancing + } forest
protection district resources  { + or mitigating forest patrol
assessment rates + } in limited cases where land
productivity { + , fire frequency, fire potential + } or other
economic factors seriously limit the protection district's
ability to provide   { - adequate - }  funding  { + adequate and
necessary + } to meet performance standards.
  '  { +  (2) Unless the Legislative Assembly expressly provides
otherwise, the State Forestry Department may not expend more than
$3 million per year to carry out the activities described in
subsection (1)(b) to (d) of this section. + }
  '  { - (2) - }  { +  (3) + } The State Forester shall utilize
critical discretion in the expenditure of the funds provided to
the   { - State Forestry - }  department pursuant to the separate
budget request required under subsection (1) of this section.
  '  { - (3) - }  { +  (4) + } The State Forester shall report to
the Emergency Board, each year, after the close of the fire
season, on:
  ' (a) The nature and severity of the fire season;
  ' (b) The moneys expended on fire suppression;
  '  { - (c) The rationale for the expenditures; and - }
  '  { - (d) - }  { +  (c) + } The balance remaining from the
biennial appropriation  { - . - }  { + ; and
  ' (d) Any matters arising out of the fire season that may
require attention or warrant future consideration by the board or
the Legislative Assembly. + }
  '  { +  SECTION 6. + }  { + The amendments to ORS 477.755 by
section 1 of this 2012 Act apply to annual expenditures for
periods designated as provided in ORS 477.755 (3) that begin on
or after July 1, 2013. + }
  '  { +  SECTION 7. + }  { + The amendments to ORS 477.755 by
section 2 of this 2012 Act apply to annual expenditures for
periods designated as provided in ORS 477.755 (3) that begin on
or after July 1, 2014. + }
  '  { +  SECTION 8. + }  { + The amendments to ORS 477.755 by
section 3 of this 2012 Act apply to annual expenditures for
periods designated as provided in ORS 477.755 (3) that begin on
or after July 1, 2015. + }
  '  { +  SECTION 9. + }  { + The amendments to ORS 477.755 by
section 4 of this 2012 Act apply to annual expenditures for
periods designated as provided in ORS 477.755 (3) that begin on
or after July 1, 2016. + }
  '  { +  SECTION 10. + }  { + The amendments to ORS 477.777 by
section 5 of this 2012 Act apply to:
  ' (1) Budget requests for biennia that begin on or after July
1, 2013;
  ' (2) Yearly expenditures from General Fund appropriations for
biennia that begin on or after July 1, 2013; and
  ' (3) Yearly reports that the State Forester makes to the
Emergency Board on or after July 1, 2013. + }
  '  { +  SECTION 11. + }  { + This 2012 Act takes effect on the
91st day after the date on which the 2012 regular session of the
Seventy-sixth Legislative Assembly adjourns sine die. + } ' .
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