2013 ORS § 477.755¹
Appropriation of fund
  • limitation on expenditures

(1) 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, corresponding to the policy period of any insurance for emergency fire costs.

(2) Notwithstanding ORS 291.238 (Expenditures without allotment prohibited), the moneys in the Oregon Forest Land Protection Fund are continuously appropriated to the Emergency Fire Cost Committee for the purposes of:

(a) Equalizing emergency fire suppression costs for safeguarding forestland in any forest protection district;

(b) Paying necessary administrative expenses, not to exceed the limit authorized by the Legislative Assembly each biennium;

(c) Contributing to the payment of emergency fire suppression costs insurance premiums, subject to the payment limitation established in ORS 477.775 (Emergency fire suppression costs insurance) (4);

(d) Paying costs related to the availability and mobilization of emergency fire suppression resources on a statewide basis; and

(e) Paying for nonroutine purchases of supplemental fire prevention, detection or suppression resources that will enhance the ability of the forester to perform fire protection responsibilities within a forest protection district.

(3) Notwithstanding any other provision of law, the annual expenditure from the Oregon Forest Land Protection Fund from revenues received from ORS 321.015 (Levy of privilege taxes upon harvest of timber for certain purposes) (2), 477.277 (Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund) (1), 477.295 (Minimum assessment under ORS 477.270) (1) and (2), 477.750 (Oregon Forest Land Protection Fund) (1) and (2), 477.760 (Reserve base of fund fixed) (4) and 477.880 (Acreage assessment) may not exceed the lesser of:

(a) $13.5 [bad link] million; or

(b) The sum of:

(A) The lesser of $1 million or 50 percent of the eligible annual fire suppression costs determined by the committee;

(B) The lesser of $9 million or the amount by which the eligible annual emergency fire suppression costs exceed $2 million but do not exceed the policy deductible for emergency fire suppression costs insurance purchased under ORS 477.775 (Emergency fire suppression costs insurance);

(C) Necessary administrative expenses as determined by the committee and authorized under the limit described in subsection (2)(b) of this section;

(D) Contributions to the payment of emergency fire suppression costs insurance premiums, subject to the payment limitation established in ORS 477.775 (Emergency fire suppression costs insurance) (4);

(E) The lesser of $3 million or three-fifths of the actual cost of activities described in ORS 477.777 (Budget request required for fire insurance, fire suppression resources and assessment mitigation) (1)(b) and (c); and

(F) Any amounts expended for nonroutine purchases described in subsection (2)(e) of this section. [1969 c.524 §3; 1989 c.23 §1; 1991 c.639 §5; 2003 c.685 §§4,9; 2005 c.802 §§11,12; 2013 c.619 §1]

Note 1: The amendments to 477.755 (Appropriation of fund) by section 2, chapter 619, Oregon Laws 2013, apply to expenditures for state and district annual budget periods that begin on or after July 1, 2015, and before July 1, 2017. See section 6, chapter 619, Oregon Laws 2013. The text that is applicable to expenditures for state and district annual budget periods that begin on or after July 1, 2015, and before July 1, 2017, is set forth for the users convenience.

477.755 (Appropriation of fund). (1) 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, corresponding to the policy period of any insurance for emergency fire costs.

(2) Notwithstanding ORS 291.238 (Expenditures without allotment prohibited), the moneys in the Oregon Forest Land Protection Fund are continuously appropriated to the Emergency Fire Cost Committee for the purposes of:

(a) Equalizing emergency fire suppression costs for safeguarding forestland in any forest protection district;

(b) Paying necessary administrative expenses, not to exceed the limit authorized by the Legislative Assembly each biennium;

(c) Contributing to the payment of emergency fire suppression costs insurance premiums, subject to the payment limitation established in ORS 477.775 (Emergency fire suppression costs insurance) (4);

(d) Paying costs related to the availability and mobilization of emergency fire suppression resources on a statewide basis; and

(e) Paying for nonroutine purchases of supplemental fire prevention, detection or suppression resources that will enhance the ability of the forester to perform fire protection responsibilities within a forest protection district.

(3) Notwithstanding any other provision of law, the annual expenditure from the Oregon Forest Land Protection Fund from revenues received from ORS 321.015 (Levy of privilege taxes upon harvest of timber for certain purposes) (2), 477.277 (Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund) (1), 477.295 (Minimum assessment under ORS 477.270) (1) and (2), 477.750 (Oregon Forest Land Protection Fund) (1) and (2), 477.760 (Reserve base of fund fixed) (4) and 477.880 (Acreage assessment) may not exceed the lesser of:

(a) $13.5 [bad link] million; or

(b) The sum of:

(A) The lesser of $5 million or 50 percent of the eligible annual fire suppression costs determined by the committee;

(B) The lesser of $5 million or the amount by which the eligible annual emergency fire suppression costs exceed $10 million but do not exceed the policy deductible for emergency fire suppression costs insurance purchased under ORS 477.775 (Emergency fire suppression costs insurance);

(C) Necessary administrative expenses as determined by the committee and authorized under the limit described in subsection (2)(b) of this section;

(D) Contributions to the payment of emergency fire suppression costs insurance premiums, subject to the payment limitation established in ORS 477.775 (Emergency fire suppression costs insurance) (4);

(E) The lesser of $3 million or three-fifths of the actual cost of activities described in ORS 477.777 (Budget request required for fire insurance, fire suppression resources and assessment mitigation) (1)(b) and (c); and

(F) Any amounts expended for nonroutine purchases described in subsection (2)(e) of this section.

Note 2: The amendments to 477.755 (Appropriation of fund) by section 3, chapter 619, Oregon Laws 2013, apply to expenditures for state and district annual budget periods that begin on or after July 1, 2017. See section 7, chapter 619, Oregon Laws 2013. The text that is applicable to expenditures for state and district annual budget periods that begin on or after July 1, 2017, is set forth for the users convenience.

477.755 (Appropriation of fund). (1) 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, corresponding to the policy period of any insurance for emergency fire costs.

(2) Notwithstanding ORS 291.238 (Expenditures without allotment prohibited), the moneys in the Oregon Forest Land Protection Fund are continuously appropriated to the Emergency Fire Cost Committee for the purposes of:

(a) Equalizing emergency fire suppression costs for safeguarding forestland in any forest protection district;

(b) Paying necessary administrative expenses, not to exceed the limit authorized by the Legislative Assembly each biennium;

(c) Contributing to the payment of emergency fire suppression costs insurance premiums, subject to the payment limitation established in ORS 477.775 (Emergency fire suppression costs insurance) (4);

(d) Paying costs related to the availability and mobilization of emergency fire suppression resources on a statewide basis; and

(e) Paying for nonroutine purchases of supplemental fire prevention, detection or suppression resources that will enhance the ability of the forester to perform fire protection responsibilities within a forest protection district.

(3) Notwithstanding any other provision of law, the annual expenditure from the Oregon Forest Land Protection Fund from revenues received from ORS 321.015 (Levy of privilege taxes upon harvest of timber for certain purposes) (2), 477.277 (Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund) (1), 477.295 (Minimum assessment under ORS 477.270) (1) and (2), 477.750 (Oregon Forest Land Protection Fund) (1) and (2), 477.760 (Reserve base of fund fixed) (4) and 477.880 (Acreage assessment) may not exceed the lesser of:

(a) $13.5 [bad link] million; or

(b) The sum of:

(A) The lesser of $10 million or 50 percent of the eligible annual fire suppression costs determined by the committee;

(B) Necessary administrative expenses as determined by the committee and authorized under the limit described in subsection (2)(b) of this section;

(C) Contributions to the payment of emergency fire suppression costs insurance premiums, subject to the payment limitation established in ORS 477.775 (Emergency fire suppression costs insurance) (4);

(D) The lesser of $3 million or three-fifths of the actual cost of activities described in ORS 477.777 (Budget request required for fire insurance, fire suppression resources and assessment mitigation) (1)(b) and (c); and

(E) Any amounts expended for nonroutine purchases described in subsection (2)(e) of this section.