2017 ORS 453.392¹
Spills or releases during transportation by rail
  • coordinated response plan
  • report

(1) As part of the plan for the effective implementation of a statewide hazardous material emergency response system established by rule under ORS 453.374 (Hazardous material emergency response system), the State Fire Marshal shall adopt by rule a plan for the coordinated response to oil or hazardous material spills or releases that occur during rail transport. The plan adopted under this subsection:

(a) Shall address with a specific focus on oil or hazardous material spills or releases that occur during rail transport all required provisions under ORS 453.374 (Hazardous material emergency response system);

(b) May include requirements and incentives for local governments and other responders to participate in ongoing training programs;

(c) Shall provide a system for identifying where hazardous material response materials owned by railroads are located throughout this state and how access to those materials is to be coordinated; and

(d) May include any other information deemed necessary by the office of the State Fire Marshal to provide coordinated response to oil or hazardous material spills or releases that occur during rail transport.

(2) The office of the State Fire Marshal shall annually coordinate with local governments, other state agencies involved in hazardous material emergency response, other responders and representatives of the railroad industry to prepare a report on the coordinated response plan adopted under this section and shall:

(a) Make the report available as an appendix to the Office of Emergency Management’s oil and hazardous material response emergency operations plan developed pursuant to ORS 401.092 (Duties of director); and

(b) No later than February 1 of each year, submit the report to the Legislative Assembly in the manner provided in ORS 192.245 (Form of report to legislature).

(3) The report required by subsection (2) of this section shall include, but need not be limited to, the following in relation to oil and hazardous material emergency response for rail transport:

(a) An inventory of all emergency response resources available in this state, including information on:

(A) The location of, and the means of access to, the resources;

(B) Whether the resources are publicly or privately maintained; and

(C) Additional resources that are needed to provide for adequate response;

(b) Suggested changes to the structure for the continued coordination between state agencies and industry;

(c) Possible revisions to the response roles or responsibilities of state agencies, local governments and railroads; and

(d) Strategies for ensuring adequate funding at the state and local government levels to cover the training, equipment and administrative costs associated with providing comprehensive response and equipment. [2015 c.739 §2]

1 Legislative Counsel Committee, CHAPTER 453—Hazardous Substances; Radiation Sources, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors453.­html (2017) (last ac­cessed Mar. 30, 2018).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.