69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
Enrolled
Senate Bill 1211
Sponsored by Senator KINTIGH; Representative MARKHAM
CHAPTER ................
AN ACT
Relating to public safety in high risk areas; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this Act is added to and made a
part of ORS 527.610 to 527.770. + }
SECTION 2. { + (1) Notwithstanding any other provision of the
Oregon Forest Practices Act, the State Forester may prohibit
timber harvest or road construction operations to prevent risk to
human life from landslides or debris torrents by denying the
approval required for those operations pursuant to ORS 527.710
when the State Forester determines that all of the following
conditions exist:
(a) The operation location includes high risk sites, as defined
by the State Board of Forestry pursuant to ORS 527.710;
(b) Residences and other buildings where people are likely to
be present during periods of intense rainfall or where paved
county or state highways are in such close proximity to the
potential path of a landslide or debris torrent that there is
significant risk to human life; and
(c) The farthest expected extent of a potential landslide or
debris torrent that might originate in the operation area, based
on physical features of the landslide or debris torrent path,
will reach the residences, buildings or highways referred to in
paragraph (b) of this subsection.
(2) Notwithstanding any other provision of law, failure of the
State Forester to detect the condition described in subsection
(1) of this section or to prohibit the conduct of an operation
shall not make the State of Oregon liable from damage resulting
from a landslide or debris torrent. + }
SECTION 3. { + Section 4 of this Act is added to and made a
part of ORS chapter 810. + }
SECTION 4. { + In carrying out the provisions of ORS 810.030,
a road authority may close to public use during extreme storm
events all roads under the jurisdiction of the road authority
that are located in areas subject to landslides or debris
torrents that pose significant risk to human life. + }
SECTION 5. { + Section 6 of this Act is added to and made a
part of ORS chapter 455. + }
SECTION 6. { + Notwithstanding any other provision of this
chapter, the State Forestry Department, in consultation with the
Department of Consumer and Business Services, the State
Department of Geology and Mineral Industries, the Department of
Enrolled Senate Bill 1211 (SB 1211-C) Page 1
Land Conservation and Development, the Department of State Police
and local government agencies, shall develop and make available
to local building officials, local planning officials or other
persons having responsibility for enforcement of the state
building code or for siting a dwelling, copies of information on
the general hazards of construction on sites that could be
affected by landslides or debris torrents in any area that is
located outside an urban growth boundary. The local building
official, local planning official or other person having
responsibility for enforcement of the state building code or for
siting a dwelling shall make available such information to a
landowner when the landowner applies for a building or
development permit for construction in any area that is located
outside an urban growth boundary. + }
SECTION 7. { + (1) There is created the Task Force on
Landslides and Public Safety. The task force shall utilize a
problem assessment and risk analysis process to develop a
comprehensive, practical and equitable solution to the problem or
risks to public safety associated with landslides to replace the
provisions of sections 1 to 6 of this Act.
(2) The Task Force on Landslides and Public Safety shall
consist of 10 members appointed as follows:
(a) The President of the Senate shall appoint two members who
are Senators and the Speaker of the House of Representatives
shall appoint two members who are Representatives.
(b) The Governor shall appoint five members, including one each
from among the members of the State Board of Forestry, the
governing board, or designee, of the State Department of Geology
and Mineral Industries, the Oregon Transportation Commission and
the Land Conservation and Development Commission and one
representing local government.
(c) The 10th member shall be selected by the other nine members
from the public at large and shall act as chairperson of the task
force. This member shall have no direct financial interest in
matters likely to be affected by landslides.
(3) The task force is subject to the provisions of ORS 171.605
to 171.635 and has the authority contained in ORS 171.505 and
171.510. Notwithstanding the provisions of ORS 171.206, the task
force may file its written report at any time within 30 days
after its final meeting.
(4) A work plan consisting of a list of subjects for study by
the task force, including the issue of liability, and the
duration of the study shall be developed by the President of the
Senate and the Speaker of the House of Representatives, in
consultation with the task force chairperson.
(5) Members of the Legislative Assembly shall be entitled to an
allowance as authorized by ORS 171.072 from funds appropriated to
the Legislative Assembly. Other members of the task force are
entitled to compensation and expenses under ORS 292.495. Claims
for expenses incurred in performing functions of the task force
shall be paid out of funds available for that purpose.
(6) All agencies, departments and officers of this state are
directed to assist the task force in the performance of its
functions and to furnish such information and advice as the
members of the task force consider necessary to perform their
functions.
(7) Official action by the task force established pursuant to
this section shall require the approval of a majority of the
quorum of the members. All legislation recommended by official
action of the task force must indicate that it is introduced at
Enrolled Senate Bill 1211 (SB 1211-C) Page 2
the request of the task force. Such legislation shall be prepared
in time for presession numbering and presession filing pursuant
to ORS 171.130, for presentation to the regular session of the
Seventieth Legislative Assembly. + }
SECTION 8. { + Sections 1 to 6 of this Act are repealed on
January 1, 2000. + }
SECTION 9. { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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Passed by Senate June 10, 1997
Repassed by Senate July 4, 1997
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 2, 1997
Repassed by House July 4, 1997
...........................................................
Speaker of House
Enrolled Senate Bill 1211 (SB 1211-C) Page 3
Received by Governor:
......M.,............., 1997
Approved:
......M.,............., 1997
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1997
...........................................................
Secretary of State
Enrolled Senate Bill 1211 (SB 1211-C) Page 4