(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, 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, 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, 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 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.
(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, 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, 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, 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 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.