(a) Who has received credentials under this section and who is employed by, or is acting pursuant to a contract under the direction of, an organization deemed by the Oregon Department of Emergency Management to be critical to emergency response operations in Oregon; and
(b) Who is:
(A) Maintaining, including repairing or resupplying, critical infrastructure equipment or systems;
(B) Maintaining continuity of operations of the individual’s organization;
(C) Supporting emergency response activities; or
(D) Providing technical support services to another critical service provider.
(2) Unless prohibited by state or federal law or in the discretion of the incident commander during a state of emergency declared under ORS 401.165, a critical service provider may:
(a) Travel on public roads within a geographic area subject to a declaration of a state of emergency under ORS 401.165;
(b) Access the geographic area for a purpose described in subsection (1)(b) of this section; and
(c) Access the distribution of fuel, food, water, supplies, equipment and any other materials necessary to carry out a purpose described in subsection (1)(b) of this section.
(3) An emergency service agency may not seize a vehicle, fuel, food, water or other essential materials in the possession of a critical service provider.
(4) The department may establish sector-specific programs for the credentialing of individuals as critical service providers. Such programs must inform critical service providers about:
(a) Risks associated with entering a geographic area subject to a declaration of a state of emergency under ORS 401.165;
(b) Best practices for working safely in the geographic area; and
(c) Best practices for working in a geographic area without hindering or interfering with the conduct of emergency services by an emergency service agency.
(5) The department may authorize one or more private entities organized under the laws of this state to establish sector-specific programs for the credentialing of individuals as critical service providers, subject to the following requirements:
(a) The department may authorize a private entity under this subsection only if the entity represents a majority of owners and operators in the sector for which the entity will establish a credentialing program.
(b) A program established under this subsection must meet the requirements set forth in subsection (4) of this section.
(c) An entity authorized by the department under this section to establish a credentialing program shall annually submit to the department a report regarding the operation of the program, including any changes to the program.
(6) The department may adopt rules to administer and implement the provisions of this section. [2015 c.151 §2; 2021 c.270 §1; 2021 c.539 §34a]
Note: The amendments to 401.239 by section 34a, 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, including amendments by section 1, chapter 270, Oregon Laws 2021, is set forth for the user’s convenience.
(1) As used in this section, "critical service provider" means an individual:
(a) Who has received credentials under this section and who is employed by, or is acting pursuant to a contract under the direction of, an organization deemed by the Office of Emergency Management to be critical to emergency response operations in Oregon; and
(b) Who is:
(A) Maintaining, including repairing or resupplying, critical infrastructure equipment or systems;
(B) Maintaining continuity of operations of the individual’s organization;
(C) Supporting emergency response activities; or
(D) Providing technical support services to another critical service provider.
(2) Unless prohibited by state or federal law or in the discretion of the incident commander during an emergency declared under ORS 401.165, a critical service provider may:
(a) Travel on public roads within a geographic area subject to a declaration of emergency under ORS 401.165;
(b) Access the geographic area for a purpose described in subsection (1)(b) of this section; and
(c) Access the distribution of fuel, food, water, supplies, equipment and any other materials necessary to carry out a purpose described in subsection (1)(b) of this section.
(3) An emergency service agency may not seize a vehicle, fuel, food, water or other essential materials in the possession of a critical service provider.
(4) The office may establish sector-specific programs for the credentialing of individuals as critical service providers. Such programs must inform critical service providers about:
(a) Risks associated with entering a geographic area subject to a declaration of an emergency under ORS 401.165;
(b) Best practices for working safely in the geographic area; and
(c) Best practices for working in a geographic area without hindering or interfering with the conduct of emergency services by an emergency service agency.
(5) The office may authorize one or more private entities organized under the laws of this state to establish sector-specific programs for the credentialing of individuals as critical service providers, subject to the following requirements:
(a) The office may authorize a private entity under this subsection only if the entity represents a majority of owners and operators in the sector for which the entity will establish a credentialing program.
(b) A program established under this subsection must meet the requirements set forth in subsection (4) of this section.
(c) An entity authorized by the office under this section to establish a credentialing program shall annually submit to the office a report regarding the operation of the program, including any changes to the program.
(6) The office may adopt rules to administer and implement the provisions of this section.