(a) "Broadcaster" means a person that holds a license issued by the Federal Communications Commission under 47 C.F.R. parts 73, 74, 76 or 78.

(b) "First informer" means an individual:

(A) Who has received credentials under this section and who is employed by, or acting pursuant to a contract under the direction of, a broadcaster; and

(B) Who is:

(i) Maintaining, including repairing or resupplying, transmitters, generators or other essential equipment at a broadcast station or facility; or

(ii) Providing technical support services to a broadcaster or to another first informer.

(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 first informer 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 the purposes of maintaining transmitters, generators or other essential equipment at a broadcast station or facility used to acquire, produce or transmit news or public safety information related to the emergency; and

(c) Access the distribution of fuel, food, water, supplies, equipment and any other materials necessary for producing a broadcast or a broadcasting signal.

(3) An emergency service agency may not seize a vehicle, fuel, food, water or other essential materials in the possession of a first informer.

(4) The Office of Emergency Management shall authorize a private entity organized under the laws of this state that represents a majority of the broadcasters in this state to establish a program for the issuance of credentials for first informers pursuant to a plan developed by the private entity. The plan to provide credentials to first informers must provide for training first informers regarding:

(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 private entity selected by the office to develop a plan for and issue credentials to first informers shall annually submit to the office a report regarding the operation of the program to issue credentials, including any changes to the plan or program. [2015 c.151 §2]