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PRINTER'S NO. 341
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
35
Session of
2015
INTRODUCED BY BAKER, VULAKOVICH, EICHELBERGER, YAW, FONTANA,
SCHWANK, BOSCOLA, YUDICHAK, ALLOWAY, RAFFERTY, PILEGGI AND
WARD, FEBRUARY 11, 2015
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
FEBRUARY 11, 2015
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in emergency management services,
further providing for definitions and for purposes of part;
providing for penalty for false application; extensively
revising provisions relating to Commonwealth services and to
local organizations and services; further providing for
disaster duties, for acceptance, for interstate arrangements,
for immunity, for special powers, for workers' compensation
and for penalties; providing for authority of Federal law
enforcement officers, for confidentiality, for adverse
interests and for public health emergency measures;
establishing a system for the use of volunteer health
practitioners; providing reasonable safeguards to assure that
health practitioners are appropriately licensed and regulated
to protect the public's health; providing for limitations on
civil liability and for applicability of workers'
compensation and occupational disease law; repealing act 227
of 2002.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7102 of Title 35 of the Pennsylvania
Consolidated Statutes, amended October 31, 2014 (P.L.3044,
No.2003), is amended to read:
§ 7102. Definitions.
The following words and phrases when used in this part shall
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have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Agency." The Pennsylvania Emergency Management Agency.
"All hazards." All dangers that can threaten or harm
individuals, the environment, the economy or property.
"All-hazards information." Information describing the
dangers that can threaten or harm individuals, the environment,
the economy or property and which information pertains to the
preparedness for or consequences from the dangers. The term does
not include information related to criminal prosecution, law
enforcement sources or methods, investigative activity,
policies, training or protection tactics, tactical plans,
information protected by 18 Pa.C.S. (relating to crimes and
offenses) or information that could otherwise be reasonably seen
as compromising law enforcement efforts.
"Chief elected executive officer." The mayor of a city or
borough, the chairperson of the commissioners or supervisors or
the elected executive of a county, township or incorporated
town.
"Commonwealth agency." Any of the following:
(1) An office, department, authority, board, multistate
agency or commission of the executive branch.
(2) The Governor's Office.
(3) The Office of Attorney General, the Department of
the Auditor General and the Treasury Department and any other
agency, board or commission of the Commonwealth that is not
subject to the policy supervision and control of the
Governor.
(4) An organization established by the Constitution of
Pennsylvania, a statute or an executive order that performs
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or is intended to perform an essential governmental function.
(5) A Commonwealth authority or entity.
"Commonwealth critical infrastructure protection program." A
program developed by the Pennsylvania Emergency Management
Agency to provide a coordinated approach to setting Commonwealth
priorities, goals and requirements for effective distribution of
funding and resources for critical infrastructure and key
resources to ensure that the government, economy and public
services continue in the event of an emergency.
"Commonwealth Disaster Recovery Task Force." The task force
described under section 7312 (relating to Pennsylvania Emergency
Management Council).
"Commonwealth emergency management program." A program of
coordinated activities consistent with Federal guidelines,
including the National Incident Management System, coordinated
by the Pennsylvania Emergency Management Agency, to address the
management of emergencies. The term includes the State Emergency
Operations Plan, the State Hazard Mitigation Plan and all
appropriate State-level strategic and operational plans and
programs that address all hazards, disaster-related mitigation,
preparedness, protection, prevention, response and recovery.
"Council." The Pennsylvania Emergency Management Council.
"Council of governments." An association of two or more
local government units joined together under a written compact
to improve cooperation, coordination and planning and to
undertake programs in their mutual interest under the provisions
of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
cooperation).
"County emergency management program." An emergency
management and preparedness program established and maintained
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by a county under section 7501 (relating to general authority of
county and local emergency management programs).
"Critical infrastructure." Assets, systems, networks and
functions, physical or virtual, which are so vital to the
government that their incapacitation or destruction would have a
debilitating impact on security, economic security, public
health or safety.
["Custodial child care facility." A child day care center as
defined under section 1001 of the act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code, or nursery school
licensed or regulated by the Commonwealth.]
"Dedicated emergency response organization." An entity
organized, chartered or incorporated in this Commonwealth or
another jurisdiction of the United States or chartered by the
Congress of the United States for the primary purpose of
providing emergency services. The term includes a volunteer,
paid and combination organization.
"Dependent care facility." An organization, institution or
facility licensed or certified by the Commonwealth that is
responsible for the custodial care or health care of individuals
who are dependent on the organization, institution or facility
for the activities of daily living, health, safety or welfare.
"Director." The director of the Pennsylvania Emergency
Management Agency.
"Disaster." [A man-made disaster, natural disaster or war-
caused disaster.] An event that has a large-scale adverse effect
on individuals, the environment, the economy or property.
"Disaster emergency." [Those conditions which may by
investigation made, be found, actually or likely, to] A hazard
condition that may:
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(1) affect seriously the safety, health or welfare of a
substantial number of [citizens of this Commonwealth] people
or preclude the operation or use of essential public
facilities; and
(2) be of such magnitude or severity as to render
essential State supplementation of regional, county and local
efforts or resources exerted or utilized in alleviating the
danger, damage, suffering or hardship faced.[; and
(3) have been caused by forces beyond the control of
man, by reason of civil disorder, riot or disturbance, or by
factors not foreseen and not known to exist when
appropriation bills were enacted.]
"Disaster emergency-related work." The repair, renovation,
installation, construction or rendering of services or other
business activities that relate to infrastructure that has been
damaged, impaired or destroyed by a disaster.
"Emergency." An incident that requires responsive,
coordinated action to protect individuals, the environment, the
economy or property.
"Emergency action plan." A document prepared by a dependent
care facility or large event planner, as referenced in section
7701(h) (relating to duties concerning disaster preparedness and
emergency management), or other entity as required by statute or
regulation to maintain an emergency preparedness capability or
develop an emergency plan.
"Emergency management." [The judicious planning, assignment
and coordination of all available resources in an integrated
program of prevention, mitigation, preparedness, response and
recovery for emergencies of any kind, whether from attack, man-
made or natural sources.] The continuous cycle of preparedness,
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planning, response, recovery and mitigation for emergencies.
"Emergency operations plan." A document prepared by a
political subdivision that is consistent with Federal and State
requirements that assigns responsibility to agencies and
departments under the jurisdiction and control of the political
subdivision for carrying out specific actions in a disaster
emergency and states, among other things, lines of authority,
response actions and coordination requirements.
"Emergency services." The preparation for and the carrying
out of [functions] capabilities, other than [functions]
capabilities for which military forces are primarily
responsible, to prepare for, prevent, protect against, respond
to and recover from, minimize and provide emergency repair of
injury and damage resulting from disasters or emergencies,
together with all other activities necessary or incidental to
the preparation for and carrying out of those [functions]
capabilities. The [functions] capabilities include, without
limitation, firefighting services, police services, medical and
health services, search, rescue, engineering, disaster warning
services, sharing of information, communications, radiological
activities, shelter, chemical and other special weapons defense,
evacuation of persons from stricken areas, emergency welfare
services, mass-care services, emergency transportation,
emergency [resources] management, existing or properly assigned
functions of plant protection, temporary restoration of public
utility services, logistics and resource management and other
[functions] capabilities related to civilian protection. The
term includes all of the following:
(1) Capabilities of municipal governments, county
governments, nongovernmental organizations or the
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Commonwealth.
(2) Capabilities of regional task forces and other
response organizations as specifically provided for under
this part.
"Federal emergency." An emergency as defined in section
102(1) of The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Public Law 93-288, 42 U.S.C. § 5122 (1)).
"Federal law enforcement officer." A law enforcement officer
who:
(1) is employed by the United States;
(2) is authorized to effect an arrest, with or without a
warrant, for a violation of the United States Code; and
(3) is authorized to carry a firearm in the performance
of the law enforcement officer's duties.
"Grantee." The entity, government or organization to which a
grant is awarded.
"Hazard vulnerability analysis." A process by which a
political subdivision identifies the disasters most likely to
strike the community and estimates the potential impact of the
disaster to loss of life, property, the environment and the
economy.
"Hazardous agent." A substance that has or potentially has
an adverse effect on human health with public health
consequences.
"Homeland security." A concerted national effort to prevent
and disrupt terrorist attacks, protect against all hazards and
respond to and recover from incidents that occur.
"Incident command system." A standardized on-scene emergency
management construct that is:
(1) Specifically designed to provide for the adoption of
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an integrated organizational structure that reflects the
complexity and demands of single or multiple incidents,
without being hindered by jurisdictional boundaries.
(2) Characterized by the combination of facilities,
equipment, personnel, procedures and communications operating
within a common organizational structure and designed to aid
in the management of resources during all kinds of
emergencies regardless of size or complexity.
"Incident commander." The individual responsible for all
incident-related activities as described in the National
Incident Management System.
"Incident management team." An incident command organization
made up of the command and general staff members and other
appropriate personnel organized according to Federal and State
guidelines that can be deployed or activated as needed.
"Infrastructure." Real and personal property and equipment
that is owned or used by any of the following that service
multiple customers or citizens:
(1) A communications network.
(2) An electric generation, transmission and
distribution system.
(3) A gas distribution system that provides the
facilities and equipment for producing, generating,
transmitting, distributing or the furnishing of gas directly
to the end customer.
(4) A public or private water pipeline.
"Institution of higher education." A university, a four-year
college or community college.
"Joint information center." A facility established to
coordinate incident-related public information activities and be
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the central point of contact for news media.
"Key resources." Publicly or privately controlled resources
essential to minimal operation of the economy and the
government.
"Law enforcement sensitive information." Unclassified
information originated by a law enforcement agency that may be
used in criminal prosecution and requires protection against
unauthorized disclosure to protect sources and methods,
investigative activity, evidence or the integrity of pretrial
investigative reports, as well as tactics, training,
capabilities, protection details, protocols or policies that
could compromise law enforcement efforts.
"Letter of agreement." The written agreement of a public,
semipublic, private or nonprofit corporation, business,
association, partnership, authority or other entity or an
individual agreeing to provide personnel, equipment, supplies,
training facilities or other resources either directly to or in
support of preparedness and emergency management .
"Local disaster emergency." The condition declared by a
local governing body or chief elected executive officer when, in
its or the officer's judgment, the threat or actual occurrence
of a disaster may:
(1) Affect seriously the safety, health or welfare of a
substantial number of people or preclude the operation or use
of essential public facilities.
(2) Be of a magnitude or severity that warrants
coordinated local government action in alleviating the
danger, damage, suffering or hardship.
["Local emergency." The condition declared by the local
governing body when in their judgment the threat or actual
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occurrence of a disaster is or threatens to be of sufficient
severity and magnitude to warrant coordinated local government
action to prevent or alleviate the damage, loss, hardship or
suffering threatened or caused thereby. A local emergency
arising wholly or substantially out of a resource shortage may
be declared only by the Governor, upon petition of the local
governing body, when he deems the threat or actual occurrence of
a disaster to be of sufficient severity and magnitude to warrant
coordinated local government action to prevent or alleviate the
damage, loss, hardship or suffering threatened or caused
thereby.]
"Local emergency management program." An emergency
management and preparedness program established and maintained
by a municipality under section 7501 (relating to general
authority of county and local emergency management programs).
"Local health department." A county department of health
under the act of August 24, 1951 (P.L.1304, No.315) , known as
the Local Health Administration Law, or a department of health
in a municipality approved for a Commonwealth grant to provide
local health services under section 25 of the Local Health
Administration Law.
["Local organization." A local emergency management
organization.]
"Major disaster." The term as it is defined in the Stafford
Act.
["Man-made disaster." Any industrial, nuclear or
transportation accident, explosion, conflagration, power
failure, natural resource shortage or other condition, except
enemy action, resulting from man-made causes, such as oil spills
and other injurious environmental contamination, which threatens
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or causes substantial damage to property, human suffering,
hardship or loss of life.]
"Mitigation." Protection activities designed to reduce or
eliminate risks to persons or property or to lessen the actual
or potential effects or consequences of an incident that may be
implemented prior to, during or after an incident.
"Municipality." A city, borough, incorporated town or
township.
"Mutual aid." Mutual assistance and sharing of resources
among participating political subdivisions in the prevention of,
response to and recovery from threats to public health and
safety that are beyond the capability of the affected community.
"National Incident Management System." A system that
provides a consistent nationwide approach for Federal, State,
local and tribal governments, the private sector and
nongovernmental organizations to work effectively and
efficiently together to prepare for, prevent, protect against,
respond to and recover from domestic incidents, regardless of
cause, size or complexity. The term includes a successor system
established by the Federal Government.
"National Infrastructure Protection Plan." A plan developed
by the United States Department of Homeland Security that
provides a coordinated approach to critical infrastructure and
key resources protection roles and responsibilities for Federal,
State, local, tribal and private sector security partners or a
successor program and that sets national priorities, goals and
requirements for effective distribution of funding and resources
to ensure that the government, economy and public services
continue in the event of a disaster emergency.
"National Response Framework." A policy developed by the
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Federal Government that integrates national domestic prevention,
protection, preparedness, response and recovery plans into one
all-discipline unity of effort for all hazards. The term
includes a successor policy adopted by the Federal Government.
["Natural disaster." Any hurricane, tornado, storm, flood,
high water, wind-driven water, tidal wave, earthquake,
landslide, mudslide, snowstorm, drought, fire, explosion or
other catastrophe which results in substantial damage to
property, hardship, suffering or possible loss of life.]
"Operational plan." A plan that describes the emergency
management or homeland security roles, responsibilities and
resources of an organization.
"Out-of-State business." A business entity whose services
are requested by a registered business, the Commonwealth or a
political subdivision of the Commonwealth for purposes of
performing disaster emergency-related work in this Commonwealth.
The term includes a business entity that is affiliated with a
registered business in this Commonwealth solely through common
ownership. The out-of-State business may not have any of the
following:
(1) A presence in this Commonwealth, excluding prior
disaster emergency-related work performed under section
7308(b)(1) (relating to laws suspended during emergency
assignments).
(2) Any registration, tax filing or nexus in this
Commonwealth within the past three calendar years.
"Out-of-State employee." An employee who does not work in
this Commonwealth, unless the employee is performing disaster
emergency-related work during a period under section 7308(b)(1).
"Person." An individual, corporation, [firm, association,]
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partnership, limited liability company, business trust,
government entity, including the Commonwealth, foundation,
public utility, trust[,] or estate[, public or private
institution, group, the Commonwealth or a local agency or
political subdivision and any legal successor, representative or
agency of the foregoing].
"Political subdivision." [Any] A county, city, borough,
incorporated town or township.
"Preparedness." A continuous process of identifying and
implementing tasks and activities necessary to build, sustain
and improve operational capability to prevent, protect against,
respond to and recover from domestic incidents involving all
levels of government, private sector and nongovernmental
organizations to identify threats, determine vulnerabilities and
identify required resources.
"President." The President of the United States.
"Prevention." Actions to avoid an incident or to intervene
to stop an incident from occurring.
"Protection." Actions to reduce or eliminate adverse effects
to life, property, the environment or the economy.
"Recovery." The development, coordination and execution of
service-restoration and site-restoration plans for impacted
communities and the reconstitution of government operations and
services through individual, private sector, nongovernmental and
public assistance programs that do all of the following:
(1) Identify needs and define resources.
(2) Provide housing and promote restoration.
(3) Address long-term care and treatment of affected
persons.
(4) Implement additional measures and techniques, as
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feasible.
(5) Evaluate the incident to identify lessons learned.
(6) Develop initiatives to mitigate the effects of
future incidents.
"Regional." Pertaining to regional task forces.
"Regional task force." An operational cooperative effort
organized among Federal, State, county, council of governments
and municipal emergency management, health, law enforcement,
public safety and other officials and representatives from
volunteer service organizations, emergency services
organizations, private business and industry, hospitals and
medical care facilities and other entities within a multicounty
area as recognized by and determined by the agency that is
responsible for conducting all-hazards planning, training
preparedness and emergency response activities.
"Registered business." Any business entity that is
registered to do business in this Commonwealth prior to a
declared disaster or emergency.
"Resource shortage." The absence, unavailability or reduced
supply of any raw or processed natural resource, or any
commodities, goods or services of any kind which bear a
substantial relationship to the health, safety, welfare and
economic well-being of the citizens of this Commonwealth.
"Response." Activities that address the short-term, direct
effects of an incident. The term includes the execution of
emergency operations plans and incident mitigation activities
designed to limit the loss of life, personal injury, property
damage and other unfavorable outcomes.
"Review and accept." The process by which the Pennsylvania
Emergency Management Agency, county emergency management
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programs and local emergency management programs validate
planning documents in accordance with this part to ensure
compliance with established planning criteria, adherence to
templates and completeness. The process may not imply approval
or verification of ability to execute the plans described in the
planning documents.
"Specialized regional response team." A complement of
individuals established by a regional task force and organized
in accordance with standards developed by the Pennsylvania
Emergency Management Agency and applicable Federal agencies to
respond to emergencies involving an actual or potential
disaster.
"Specialized Statewide response team." A complement of
individuals organized by the Commonwealth to provide specialized
personnel, equipment and other support capabilities in response
to an actual or potential disaster.
"Stafford Act." The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et
seq.).
"State emergency operations plan." A document prepared by
the Pennsylvania Emergency Management Agency and approved and
signed by the Governor that is consistent with Federal
requirements and assigns responsibility to appropriate
Commonwealth agencies for carrying out specific actions in a
disaster emergency and states, among other things, lines of
authority, response actions and coordination requirements.
"State Emergency Registry of Volunteers in Pennsylvania" or
"SERVPA." An Internet-based system developed and maintained by
the Commonwealth allowing for the advance and real-time
registration of volunteers for deployment during emergencies or
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disasters.
"State hazard mitigation plan." A document prepared by the
Pennsylvania Emergency Management Agency to reduce the loss of
life and property due to all hazards and to enable mitigation
measures to be implemented during the immediate recovery from a
disaster.
"Strategic plan." A plan describing an organization's
emergency management or homeland security goals and objectives.
"Tactical plan." A plan describing an organization's
execution of tasks and actions to prevent, protect, investigate
and respond to an emergency, incident or other situation.
"Terrorism." An act or activity that:
(1) Is dangerous to human life or potentially
destructive of critical infrastructure or key resources.
(2) Is a violation of the criminal laws of the United
States or of any state or other subdivision of the United
States where it occurs.
(3) Is intended to intimidate or coerce the civilian
population or influence a government or affect the conduct of
a government.
"Urban search and rescue task force." A complement of
individuals and equipment organized by the Pennsylvania
Emergency Management Agency in accordance with standards
developed by the agency and the Federal Emergency Management
Agency to provide emergency response and search and rescue
capabilities and resources.
["War-caused disaster." Any condition following an attack
upon the United States resulting in substantial damage to
property or injury to persons in the United States caused by use
of bombs, missiles, shellfire, nuclear, radiological, chemical
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or biological means, or other weapons or overt paramilitary
actions, or other conditions such as sabotage.]
Section 2. Section 7103 of Title 35 is amended to read:
§ 7103. [Purposes] Purpose of part.
[The purposes of this part are to:
(1) Reduce vulnerability of people and communities of
this Commonwealth to damage, injury and loss of life and
property resulting from disasters.
(2) Prepare for prompt and efficient rescue, care and
treatment of persons victimized or threatened by disaster.
(3) Provide a setting conducive to the rapid and orderly
start of restoration and rehabilitation of persons and
property affected by disasters.
(4) Clarify and strengthen the roles of the Governor,
Commonwealth agencies and local government in prevention of,
preparation for, response to and recovery from disasters.
(5) Authorize and provide for cooperation in disaster
prevention, preparedness, response and recovery.
(6) Authorize and provide for coordination of activities
relating to disaster prevention, preparedness, response and
recovery by agencies and officers of this Commonwealth, and
similar State-local and Federal-State activities in which the
Commonwealth and its political subdivisions participate.
(7) Provide a disaster management system embodying all
aspects of predisaster preparedness and postdisaster
response.
(8) Assist in prevention of disaster caused or
aggravated by inadequate planning for and regulation of
public and private facilities and land use.
(9) Supplement, without in any way limiting, authority
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conferred by previous statutes of this Commonwealth and
increase the capability of the Commonwealth and local
agencies having responsibilities for civil defense to perform
both civil defense and disaster services.
(10) Further the operational capacities of Commonwealth
agencies to deal with disaster situations.
(11) Further programs of education and training.
(12) Establish integrated communications capabilities
and warning systems.]
The purpose of this part is to authorize and provide for
coordination of activities relating to disaster preparedness and
emergency management activities by agencies and officers of this
Commonwealth and similar Federal-State and State-local
activities in which the Commonwealth and its political
subdivisions, intergovernmental cooperative entities, regional
task forces, councils of governments , school districts and other
appropriate public and private entities participate.
Section 3. Section 7301 of Title 35, amended October 27,
2014 (P.L. 2899, No.187), is amended to read:
§ 7301. General authority of Governor.
(a) Responsibility to meet disasters.--The Governor is
responsible for meeting the dangers to this Commonwealth and
people presented by disasters.
(b) Executive orders, proclamations and regulations.--Under
this part, in addition to other rights granted to the Governor
under this part, the Governor may issue, amend and rescind
executive orders, proclamations and regulations, which shall
have the force and effect of law.
(c) Declaration of disaster emergency.--
(1) A disaster emergency shall be declared by executive
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order or proclamation of the Governor upon finding that a
disaster has occurred or that the occurrence or the threat of
a disaster is imminent.
(2) The [state of] declared disaster emergency shall
continue until the Governor finds that the threat or danger
has passed or the disaster has been dealt with to the extent
that emergency conditions no longer exist and terminates the
[state of] declared disaster emergency by executive order or
proclamation, but no [state of] declared disaster emergency
may continue for longer than 90 days unless renewed by the
Governor.
(3) The General Assembly by concurrent resolution may
terminate a [state of] disaster emergency declaration at any
time. Thereupon, the Governor shall issue an executive order
or proclamation ending the [state of] declared disaster
emergency.
(4) All executive orders or proclamations issued under
this subsection shall indicate the nature of the disaster,
the area or areas threatened and the conditions which have
brought the disaster about or which make possible termination
of the [state of] declared disaster emergency.
(5) An executive order or proclamation shall be
disseminated promptly by means calculated to bring its
contents to the attention of the general public and, unless
the circumstances attendant upon the disaster prevent or
impede, shall be promptly filed with the [Pennsylvania
Emergency Management Agency] agency and the Legislative
Reference Bureau for publication under [Part II of Title 45]
45 Pa.C.S. Pt. II (relating to publication and effectiveness
of Commonwealth documents).
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(d) Activation of disaster response.--An executive order or
proclamation of a state of disaster emergency shall activate the
disaster response and recovery aspects of the [Commonwealth]
State emergency operations plan and [local disaster] other
emergency plans applicable to the political subdivision or area
in question and shall be authority for the deployment and use of
any forces to which the plan or plans apply and for use or
distribution of any supplies, equipment and materials and
facilities assembled, stockpiled or arranged to be made
available pursuant to this part or any other provision of law
relating to disaster emergencies.
(e) Commander in chief of military forces.--[During the
continuance of any state of disaster emergency, the] The
Governor is commander in chief of the Pennsylvania military
forces. To the greatest extent practicable, the Governor shall
delegate or assign command authority by prior arrangement
embodied in appropriate executive orders or regulations, but
this does not restrict the authority of the Governor to do so by
orders issued at the time of the disaster emergency.
(f) Additional powers.--In addition to any other powers
conferred upon the Governor by law, the Governor may:
(1) Suspend the provisions of any [regulatory] statute
[prescribing the procedures for conduct of Commonwealth
business,] or the orders, rules or regulations of any
Commonwealth agency, if strict compliance with the provisions
of any statute, order, rule or regulation would in any way
prevent, hinder or delay necessary action in coping with the
emergency.
(2) [Utilize] Before , during and following the
expiration of a declaration of a disaster emergency, utilize
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all available resources of the Commonwealth [Government] and
each political subdivision [of this Commonwealth] as
reasonably necessary to cope with [the] or mitigate the
effects of a disaster emergency or potential disaster
emergency.
(3) Transfer the direction, personnel or functions of
Commonwealth agencies or units thereof for the purpose of
performing or facilitating emergency services.
(4) Subject to any applicable requirements for
compensation under section 7313(10) (relating to powers and
duties), commandeer or utilize any private, public or quasi-
public property if necessary to cope with the disaster
emergency.
(5) Direct and compel the evacuation of all or part of
the population from any stricken or threatened area within
this Commonwealth if this action is necessary for the
preservation of life or other disaster mitigation, response
or recovery.
(6) Prescribe routes, modes of transportation and
destinations in connection with evacuation.
(7) Control ingress and egress to and from a disaster
area, the movement of persons within the area and the
occupancy of premises therein.
(8) Suspend or limit the sale, dispensing or
transportation of alcoholic beverages, firearms, explosives
and combustibles.
(9) Confer the power of arrest on the law enforcement
personnel serving as part of the emergency forces of a party
state during operations in this Commonwealth pursuant to a
declaration of a disaster emergency under subsection (c). Law
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enforcement personnel shall be under the operational control
of the Commissioner of Pennsylvania State Police and shall
comply with the terms and conditions of the Emergency
Management Assistance Compact under Chapter 76 (relating to
Emergency Management Assistance Compact). Arrest powers
granted under this paragraph shall expire when the
declaration of a disaster emergency is terminated by
executive order, proclamation or operation of law, if the
arrest powers have not previously been terminated.
(10) If the Governor determines that the Commonwealth
needs the assistance of Federal law enforcement while a
declaration of a disaster emergency is in effect, make a
request to the Federal Government for the assistance of
Federal law enforcement officers in enforcing the laws of
this Commonwealth. Only the Governor shall have the power to
make the request.
Section 4. Sections 7302, 7304, 7305 and 7305.1 of Title 35
are amended to read:
§ 7302. Temporary housing.
(a) Authority of Governor.--Whenever the Governor has
[proclaimed] declared a disaster emergency under this part, or
the President, at the request of the Governor, has declared [an]
a Federal emergency or a major disaster to exist in this
Commonwealth, the Governor is authorized:
(1) To enter into purchase, lease or other arrangements
with any Federal agency for temporary housing units to be
occupied by disaster victims and to make the units available
to any political subdivision [of this Commonwealth named as a
party to the emergency or disaster declaration.] authority or
authorized nonprofit organization included in the declared
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disaster emergency, declared Federal emergency or declared
major disaster.
(2) To assist any political subdivision [of this
Commonwealth] authority or authorized nonprofit organization
which is the locus of temporary housing for disaster victims
to acquire sites necessary for such temporary housing and to
do all things required to prepare such sites to receive and
utilize temporary housing units by:
(i) advancing or lending funds available to the
Governor from any appropriation made by the General
Assembly or from any other source;
(ii) "passing through" funds made available by any
agency, public or private; or
(iii) becoming a copartner with the political
subdivision for the execution and performance of any
temporary housing for disaster victims [project];
and for such purposes to pledge the credit of the
Commonwealth on such terms as the Governor deems appropriate
having due regard for current debt transactions of the
Commonwealth.
(3) Under such [regulations] conditions as the Governor
shall prescribe, to temporarily suspend or modify for not to
exceed 60 days any public health, safety, zoning,
transportation [(within] within or across this
[Commonwealth)] Commonwealth or other requirement of statute
or regulation within this Commonwealth when by proclamation
the Governor deems the suspension or modification essential
to provide temporary housing for disaster victims.
(b) Acquisition of sites by political subdivisions.--Any
political subdivision [of this Commonwealth] authority or
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authorized nonprofit organization is expressly authorized to
acquire, temporarily or permanently, by purchase, lease or
otherwise, sites required for installation of temporary housing
units for disaster victims[,] and to enter into whatever
arrangements [which are] necessary to prepare or equip the sites
to utilize the housing units.
(c) Construction of section.--This section does not limit
the authority of the Governor to apply for, administer and
expend any grants, gifts or payments in aid of disaster
[prevention,] preparedness[, response or recovery] and emergency
management activities.
[(d) Definitions.--As used in this section, "major disaster"
and "emergency" shall have the same meanings as defined or used
in The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.).]
§ 7303. Debris and wreckage removal.
(a) Authority of Governor.--Whenever the Governor has
declared a disaster emergency to exist under this part, or the
President, at the request of the Governor, has declared a major
disaster or emergency to exist in this Commonwealth, the
Governor is authorized:
(1) Notwithstanding any other provision of law, through
the use of Commonwealth agencies [or instrumentalities], to
clear or remove from publicly or privately owned land or
water[,] debris and wreckage which may threaten public health
or safety, or public or private property.
(2) To accept funds from the Federal Government and
utilize the funds to make grants or to reimburse any
political subdivision for the purpose of removing debris or
wreckage from publicly or privately owned land or water.
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(b) Authority of Commonwealth personnel.--Whenever the
Governor provides for clearance of debris or wreckage pursuant
to subsection (a), employees of the designated Commonwealth
agencies or individuals appointed by the Commonwealth are
authorized to enter upon private land or waters and perform any
tasks necessary to the removal or clearance operation.
[(c) Nonliability of Commonwealth personnel.--Except in
cases of willful misconduct, gross negligence or bad faith, any
Commonwealth employee or agent complying with and performing
duties pursuant to orders of the Governor under this section
shall not be liable for death of or injury to persons or damage
to property.]
§ 7304. Community disaster loans.
Whenever, at the request of the Governor, the President has
declared a major disaster or emergency to exist in this
Commonwealth, the Governor is authorized:
(1) Upon determining that a political subdivision [of
this Commonwealth] will suffer a substantial loss of tax and
other revenues from a major disaster or emergency and has
demonstrated a need for financial assistance to perform its
governmental functions, to apply to the Federal Government,
on behalf of the political subdivision, for a loan and to
receive and disburse the proceeds of any approved loan to
[any] the applicant [political subdivision].
(2) To determine the amount needed by [any applicant] a
political subdivision to restore or resume its governmental
functions and to certify the amount to the Federal
Government. No application amount shall exceed 25% of the
annual operating budget of the applicant for the fiscal year
in which the major disaster or emergency occurs.
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(3) After review, recommend to the Federal Government
the cancellation of all or any part of repayment when, in the
first three full fiscal-year periods following the major
disaster, the revenues of the political subdivision are
insufficient to meet its operating expenses, including
additional disaster-related expenses [of a municipal
operation character].
§ 7305. Individual and family assistance.
(a) Grants by Federal Government.--Whenever the President,
at the request of the Governor, has declared a major disaster or
emergency to exist in this Commonwealth, the Governor is
authorized:
(1) Upon determining that assistance under [The Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(Public Law 93-288, 42 U.S.C. § 5121 et seq.),] the Stafford
Act and from other means is insufficient to meet the
disaster-related necessary expenses or serious needs of
individuals or families adversely affected by a major
disaster or emergency, to accept a grant from the Federal
Government for the purpose of meeting the expenses or needs
of disaster victims, subject to any terms and conditions
imposed upon the grant.
(2) To enter into an agreement with the Federal
Government or any Federal agency or officer pledging the
Commonwealth to participate in the funding of the assistance
authorized in paragraph (1) and, if Commonwealth funds are
not otherwise available to the Governor, to accept an advance
of the Commonwealth share from the Federal Government to be
repaid when the Commonwealth is able to do so.
(b) Grants by Governor.--To implement subsection (a), the
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Governor is authorized to make grants to meet disaster-related
necessary expenses or serious needs of individuals or families
adversely affected by a major disaster or emergency declared by
the President. Any grant shall not exceed the amount authorized
by [The Robert T. Stafford Disaster Relief and Emergency
Assistance Act] the Stafford Act or by applicable State law to
an individual or family in any single major disaster or
emergency.
[(c) Penalty for false application.--Any person who
fraudulently or willfully makes a misstatement of fact in
connection with an application for assistance under this section
shall be guilty of a misdemeanor of the third degree.]
§ 7305.1. Grants for public assistance and hazard mitigation.
(a) Commonwealth participation in public assistance and
hazard mitigation funding; agreements.--Whenever the President
authorizes [the] a contribution [of up to 75% of] to the cost of
[hazard mitigation measures to] public assistance grants to
repair or replace eligible public property damage or hazard
mitigation to reduce the risk of future damage, hardship[,] or
loss [or suffering] to eligible property in any area affected by
a major disaster pursuant to [The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Public Law 93-288, 88 Stat.
143)] the Stafford Act, the Governor is authorized, subject to
the availability of appropriated funds, to enter into an
agreement with the Federal Government or any Federal agency or
officer pledging the Commonwealth to participate in the funding
of the public assistance and mitigation project or plan.
(b) Special Session disaster relief acts.--Projects which
are itemized under Chapter 3 of the act of July 11, 1996 (2nd
Sp.Sess., P.L.1791, No.8), known as the Special Session Flood
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Control and Hazard Mitigation Itemization Act of 1996, and the
act of July 11, 1996 (2nd Sp.Sess., P.L.1826, No.9), known as
the Special Session Flood Relief Act, are deemed to be hazard
mitigation projects for the purposes of hazard mitigation
funding to the extent that such projects qualify under [The
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Public Law 93-288, 88 Stat. 143).] the Stafford Act.
(c) Need for plan.--The agency may withhold Federal or State
funds available under subsection (a) from a political
subdivision that does not have in effect a current emergency
operations plan and a current hazard mitigation plan as required
under this part.
Section 5. Title 35 is amended by adding a section to read:
§ 7307.1. Use and appropriation of unused Commonwealth funds.
(a) Transfer of funds authorized.--In addition to the
transfers permitted under section 1508(a) of the act of April 9,
1929 (P.L.343, No.176) , known as The Fiscal Code, if the
Governor has not declared a disaster emergency or if a
declaration of disaster emergency has expired, the Governor may
nevertheless transfer unused funds that may have been
appropriated for the ordinary expenses of the Commonwealth in
the General Fund to Commonwealth agencies as the Governor may
direct to be expended for preparedness planning and other
activities related to a potential or actual disaster in a manner
as the Governor shall approve, and the funds are appropriated to
the Governor for that purpose.
(b) Limitation on amount transferred.--The total of the
transfers authorized under section 1508(a) of The Fiscal Code
and under this section may not exceed $25,000,000 in a year
except by action of the General Assembly.
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Section 6. Section 7308(a) of Title 35, amended October 31,
2014 (P.L.3044, No.203), is amended to read:
§ 7308. Laws suspended during emergency assignments.
(a) Commonwealth agencies.--In the case of a declaration of
a [state of] disaster emergency by the Governor, Commonwealth
agencies may implement their emergency assignments without
regard to procedures required by other laws [(except mandatory
constitutional requirements)], except constitutional
requirements pertaining to the performance of public work,
entering into contracts, incurring of obligations, employment of
temporary workers, rental of equipment, purchase of supplies and
materials and expenditures of public funds.
* * *
Section 7. Title 35 is amended by adding a section to read:
§ 7309. Penalty for false application.
A person who fraudulently or willfully makes a material
misstatement of fact in connection with an application for
assistance under this subchapter commits a misdemeanor of the
third degree. In addition to any other sentence imposed, the
defendant shall be ordered to repay to the Commonwealth the
amount of funds received under the application.
Section 8. Sections 7312, 7313, 7314, 7320, 7501, 7502,
7503, 7504, 7511, 7512, 7513, 7514 and 7515 of Title 35 are
amended to read:
§ 7312. [Organization.] Pennsylvania Emergency Management
Council.
[This agency shall consist of and be organized substantially
as follows:
(a) Council.--Primary responsibility for overall policy and
direction of a Statewide civil defense and disaster program and
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response capability of the type hereinafter prescribed shall be
vested in a body legally known as the Pennsylvania Emergency
Management Council, which]
(a) Establishment.--
(1) The Pennsylvania Emergency Management Council is
established within the agency.
(2) (i) The council shall be composed of: the Governor,
the Lieutenant Governor, the Adjutant General, the
Secretary of the Budget, the director, the Secretary of
Administration, the Secretary of State, the Secretary of
Education, the Secretary of General Services, the
Secretary of Labor and Industry, the Secretary of Health,
the Attorney General, the Governor's General Counsel, the
Secretary of Community [Affairs,] and Economic
Development, the Secretary of Conservation and Natural
Resources, the Secretary of Environmental Protection, the
Secretary of Transportation, the Secretary of
Agriculture, the Secretary of [Public Welfare,] Human
Services, the Commissioner of the Pennsylvania State
Police, [Chairman] the Chairperson of the Pennsylvania
Public Utility Commission, the State Fire Commissioner,
or their designees, and the Speaker of the House of
Representatives, the President pro tempore of the Senate,
the Minority Leader of the Senate and the Minority Leader
of the House of Representatives or their designee. [The
Speaker of the House of Representatives, President pro
tempore of the Senate, Minority Leader of the Senate and
Minority Leader of the House of Representatives may
authorize a member of their respective Houses of the
General Assembly to serve in their stead.]
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(ii) The Governor may authorize up to two
representatives of business and industry, up to two
representatives of labor, up to two public members at
large and one representative respectively of the
[Pennsylvania State Association of] County Commissioners
Association of Pennsylvania, the Pennsylvania State
Association of Township Commissioners, the Pennsylvania
State Association of Township Supervisors, the
Pennsylvania Municipal League [of Cities and], the
Pennsylvania State Association of Boroughs and the
Keystone Emergency Management Association to be nonvoting
members of the council.
(iii) The Governor [may designate a member to] shall
serve as [chairman.] chair.
(iv) The Governor may also appoint representatives
of key private sectors, including the energy utility,
medical, police, fire, emergency medical services,
communications, transportation, education, agriculture
and labor sectors, and two members-at-large to serve as
nonvoting council members.
(3) Five voting members shall constitute a quorum.
(b) Compensation and expenses.--The members shall serve
without compensation, but may be reimbursed for their actual and
necessary traveling and other expenses incurred in connection
with attendance at meetings.
(c) Regular meetings.--For the conduct of routine business,
including particularly the consideration of matters of basic
policy, the council shall meet at the call of the [chairman and
at least three times during each calendar year.] chair.
(d) Emergency meetings.--In the event of [attack or disaster
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situations determined actually or likely to be of such nature,
magnitude, severity or duration as to necessitate extensive or
extraordinary deployment and use of Commonwealth resources for
emergency purposes] the occurrence of an emergency , the
[chairman shall, within not more than 72 hours immediately
following such determination,] chair may call the council into
emergency session[,] for consideration of actions taken or to be
taken. [In] The director may call such meetings in the absence
of the [chairman, notice of such meetings shall be disseminated
to the membership by the State director.] chair.
[(e) State director.--To supervise the work and activities
comprising the State Civil Defense and Disaster Program, the
Governor shall appoint an individual to act, on a full-time
basis, as director of the agency. The director shall perform all
such fiscal, planning, administrative, operational and other
duties as may be assigned to him by the council and shall act as
the chairman's principal assistant in civil defense and disaster
matters. The director or the director's designee is also the
State coordinating officer responsible to coordinate and
supervise the Commonwealth and local disaster response effort
following a presidential declaration of an emergency or a major
disaster.]
(f) Staff.--[The council shall, within the limitations of
appropriations made to the agency, arrange for the employment of
such professional, technical, administrative and other staff
personnel as may be deemed essential to the development and
maintenance of a Statewide civil defense and disaster plan and
program of the type hereinafter prescribed. All such personnel
shall be employed and subject to pertinent provisions of the act
of August 5, 1941 (P.L.752, No.286), known as the "Civil Service
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Act," and the Commonwealth Compensation Plan.] The agency shall
provide the council with staff and other services as may be
required for the council to carry out its responsibilities under
this part.
[(g) Office space, equipment and services.--The agency shall
be furnished necessary and appropriate office space, furniture,
equipment, supplies and services in the same general manner as
are other Commonwealth departments and agencies.
(h) Emergency communications.--The agency shall maintain an
integrated communications capability designed to provide to all
areas and counties weather advisories, river forecasts,
warnings, and direction and control of all emergency
preparedness functions within the Commonwealth. The agency shall
coordinate the Commonwealth's emergency communication systems,
sharing of information and weather emergency notification among
the National Weather Service, contiguous State emergency
management offices, local coordinators of emergency management,
the Pennsylvania State Police, local police departments, private
relief associations and other appropriate organizations.
Additionally, the agency shall establish the sole Statewide
telephone number that persons, including county and municipal
emergency management personnel, may use to report incidences of
radioactive and hazardous materials and other disaster
emergencies.
(i) Administrative provisions.--Except as otherwise provided
in this part, the agency shall be subject to the provisions of
the act of April 9, 1929 (P.L.177, No.175), known as "The
Administrative Code of 1929."]
(j) Commonwealth Disaster Recovery Task Force.--The director
shall organize the Commonwealth Disaster Recovery Task Force to,
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when directed by the Governor, review and conduct studies of
disasters that occur in this Commonwealth, their causes and
impacts, make recommendations to prevent future disasters,
lessen their impact and help expedite recovery at the State and
local level. The members of the council shall serve on the task
force and may invite other organizations and Commonwealth
agencies to participate as needed.
§ 7313. Powers and duties.
The agency shall [have the following powers and duties]
develop a comprehensive emergency management and preparedness
system for this Commonwealth, in coordination with other
Commonwealth agencies as designated by the Governor. In order to
develop the system, the agency shall:
(1) [To prepare] Prepare, maintain and keep current [a
Pennsylvania Emergency Management Plan for the prevention and
minimization of injury and damage caused by disaster, prompt
and effective response to disaster and disaster emergency
relief and recovery.] the Commonwealth emergency management
program. The [plan] program may include provisions for:
(i) Preparedness standards established by the United
States Department of Homeland Security and the Federal
Emergency Management Agency.
(ii) [Commonwealth] State, regional and local
[disaster] emergency management responsibilities.
(iii) Assistance to Commonwealth agencies, regional
task forces, local government officials, [schools and
custodial child] dependent care facilities [in designing
emergency management plans and training programs] and the
private sector in developing their systems of emergency
management and preparedness.
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(iv) Organization of manpower[,] and chains of
command[, continuity of government] in emergency
situations and emergency operational principles.
(v) Coordination of Federal, [Commonwealth] State,
regional and local [disaster] preparedness and emergency
management activities.
(vi) Coordination of the [Commonwealth Emergency
Management Plan with the disaster plans of the Federal
Government and those of other states] State emergency
operations plan with other Commonwealth agencies as
designated by the Governor, the United States Department
of Homeland Security, the Federal Emergency Management
Agency and other states.
(vii) Assistance to the Commonwealth, regional task
forces, school districts and local governments in
obtaining, utilizing and managing Federal and
[Commonwealth] State disaster assistance.
(viii) Supply to appropriate [Commonwealth] State
and local officials and regional task forces State
catalogs of Federal, [Commonwealth] State and private
assistance programs.
(ix) [Identification of areas particularly
vulnerable to disasters.] Accreditation programs for
county and local emergency management programs,
Commonwealth emergency management certification programs
and qualification standards for appointed emergency
management coordinators.
(x) Recommendations for zoning, building and other
land-use controls; safety measures pertaining to
nonpermanent or semipermanent structures; resource
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conservation and allocation; and other preventive and
preparedness measures designed to eliminate or reduce
disasters or their impact.
(xi) Authorization and procedures for the erection
or other construction of temporary works designed to
protect against or mitigate danger, damage or loss from
flood, conflagration or other disaster in coordination
with the Department of Environmental Protection.
(1.1) Maintain and keep current the State emergency
operations plan, the State hazard mitigation plan and other
related and supporting plans as necessary or required by
Federal or State law or regulation.
(2) [To establish] Establish, equip and staff [a
Commonwealth and area emergency operations center]
Commonwealth emergency operation centers with a consolidated
Statewide system of warning and provide a system of disaster
communications integrated with those of Federal[,
Commonwealth and local] agencies, Commonwealth agencies,
regional task forces and political subdivisions involved in
disaster emergency operations.
(3) [To promulgate] Promulgate, adopt and enforce such
rules, regulations, standards, directives and orders as may
be deemed necessary to carry out the provisions of this part.
(4) [To provide] Provide technical guidance, advice and
assistance to Commonwealth agencies, [political subdivisions,
schools and custodial child care facilities] regional task
forces, county emergency management programs, local emergency
management programs, school districts and dependent care
facilities in the preparation of [disaster] emergency
[management] plans or components thereof [and to periodically
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review such plans and suggest or require revisions].
(5) [To establish] Establish and operate, or assist
[political subdivisions] county emergency management
programs, local emergency management programs and regional
task forces in establishing and operating, training programs
and programs of public information.
(6) [To supply] Supply appropriate Commonwealth [and
local agencies and officials] agencies, county emergency
management programs, local emergency management programs and
the general public with precautionary notices, watches and
warnings relating to actual and potential disasters and [to]
provide a flow of official information and instructions to
the general public through all means available before, during
and after an emergency. The agency shall [implement] maintain
a program of integrated flood warning systems among political
subdivisions[. The agency shall] and establish coordinated
flood notification and early warning systems along prescribed
major river basins and selected tributaries thereof in this
Commonwealth.
(7) [To provide] Provide emergency direction and
[control] coordination of Commonwealth [and local] emergency
operations[.] by overseeing the identification and commitment
of all Commonwealth personnel, equipment and resources
through the use of an incident command system. The tactical
and operational control of the resources of a Commonwealth
agency shall remain with that respective agency.
(8) [To determine] Determine the need for, maintain
information regarding and procure materials, supplies,
equipment, facilities and services necessary for [disaster
emergency readiness, response and recovery] preparedness and
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emergency management.
(9) [To make] Make or request of Commonwealth [or local
agencies and officials] agencies, county emergency management
programs, local emergency management programs or regional
task forces, studies, surveys and reports as are necessary to
carry out the purposes of this part.
(10) [To plan] Plan and make arrangements for the
availability and use of any private facilities, services and
property and, if necessary and if in fact used, provide for
payment for use under terms and conditions agreed upon.
(11) [To prepare] Prepare, for issuance by the Governor,
executive orders, proclamations and regulations as necessary
or appropriate in coping with disasters.
(12) [To cooperate] Cooperate with the Federal
Government and any public or private agency or entity in
achieving any purpose of this part and in implementing
programs for [disaster prevention, preparation, response and
recovery] preparedness and emergency management.
(13) [To administer] Administer grant programs [to
political subdivisions for disaster management] and provide
grants and other funding assistance subject to availability
of appropriated funds, in coordination with other
Commonwealth agencies as designated by the Governor.
(14) [To accept] Accept and coordinate assistance
provided by Federal agencies in major disasters or
emergencies in accordance with the provisions of [The Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(Public Law 93-288, 42 U.S.C. § 5121 et seq.), or any
amendment or reenactment thereof.] the Stafford Act.
(15) [To] In conjunction with the Department of
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Environmental Protection, respond to [disaster] disasters
relating to [atomic] nuclear or radiological energy
operations or radioactive objects or materials. Any such
action taken and any regulations adopted by the [office]
agency shall be inapplicable to any objects or materials
possessing a radiation-producing capacity less than that set
forth as the maximum safety limit by the standards endorsed
and as may be subsequently endorsed by the United States
Nuclear Regulatory Commission or the Environmental Protection
Agency for the protection of life and property and the
maintenance of health and safety. Action taken and
regulations adopted by the agency shall be inapplicable to
objects or materials possessing a radiation-producing
capacity less than that set forth as the maximum safety limit
by the standards endorsed by the United States Nuclear
Regulatory Commission of the Environmental Protection Agency
for the protection of life and property and the maintenance
of health and safety.
(16) [To take] Take other action necessary, incidental
or appropriate for the implementation of this part.
(17) [To report] Report annually to the Governor and the
General Assembly the state of preparedness of the
Commonwealth to deal with [attack or] disaster and those
significant events occurring within the past year.
(17.1) Report semiannually to the Governor and the
chairman and minority chairman of the Appropriations
Committee of the Senate and the chairman and minority
chairman of the Appropriations Committee of the House of
Representatives regarding all grants awarded by the agency
from Federal disaster assistance or relief funds, homeland
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security and defense funds, avian flu/pandemic preparedness
or other public health emergency funds. The reports shall
include information relating to the entity receiving grant
money from the agency, including the name and address of the
entity, the amount of the grant, the date of issuance and the
purpose of the grant. Reports shall be submitted on or before
August 15 of each year for grants awarded during the period
from January 1 through June 30 and on or before February 15
of each year for grants awarded during the period from July 1
through December 31.
(18) [To recommend] Recommend to the Governor
legislation or other actions as deemed necessary in
connection with the purposes of this part.
[(19) To provide, from its own stockpiles or other
sources, emergency operational equipment, materials and
supplies required and available for essential supplementation
of those owned, acquired and used by Commonwealth, county and
local departments and agencies for attack and disaster
operations. The agency shall establish two regional emergency
supply warehouses. One shall be located in the western part
of this Commonwealth, and one shall be located in the eastern
part of this Commonwealth.]
(20) For the period during which an emergency is
declared by the Governor, [to] incur obligations for or
purchase such materials and supplies as may be necessary to
combat a disaster, protect the health and safety of persons
and property and provide emergency assistance to victims of a
disaster without complying with formal bidding or other time-
consuming contract procedures.
(21) [To require] Require hydroelectric generating
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facilities and dam operators to [do all of the following:
(i) Provide minimum competency testing for their
operators.
(ii) Submit plans for flood notification and
warning.] submit plans for flood notification and warning
and provide inundation maps in accordance with direction
from the Department of Environmental Protection.
(22) Establish policies and procedures to coordinate and
implement all search and rescue activities with the Federal
Government, other states, other Commonwealth agencies and
political subdivisions. The agency may dispatch authorized
personnel and specialized equipment to disaster emergency or
training sites within or outside this Commonwealth for search
and rescue, training and other emergency response purposes.
The agency may immediately dispatch those personnel and
equipment to a disaster site without regard to procedures and
formalities prescribed by law, except for constitutional
requirements, pertaining to the performance of public work,
entering into contracts, the incurring of obligations, the
employment of temporary workers, the rental or purchase of
supplies, material, equipment and other related activities.
(23) Maintain an integrated communications capability
designed to allow all public safety answering points, county
dispatch centers and first responders to communicate with the
State emergency operations center and to facilitate Next
Generation 911 implementation.
(24) Establish and maintain a Statewide incident
reporting system and methodology for all-hazards information.
All Commonwealth agencies, county emergency management
programs, county 911 centers and other entities required to
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provide all-hazards information to the agency under this part
and other State law shall contribute all-hazards information
to the system.
(25) Assist with the implementation of the National
Infrastructure Protection Plan and the Commonwealth Critical
Infrastructure Preparedness Plan in coordination with other
Commonwealth agencies as designated by the Governor.
(26) Conduct all-hazards exercises, as appropriate.
§ 7314. Utilization of existing services and facilities.
In order to avoid duplication of services and facilities, the
agency shall utilize the services and facilities of existing
officers, offices, departments, commissions, boards, bureaus,
institutions and other agencies of the Commonwealth and of the
political subdivisions thereof. These officers and agencies
shall cooperate with and extend their services and facilities to
the agency as requested and consistent with other operational
requirements of that agency.
§ 7320. Radiological emergency [response preparedness, planning
and recovery] preparedness and management program.
(a) Establishment of program.--In addition to the powers and
duties of the agency set forth in section 7313 (relating to
powers and duties), the agency shall develop, establish and
maintain, in consultation with the Department of Environmental
Protection, a standardized, Statewide radiological emergency
[response preparedness, planning and recovery] preparedness and
management program consistent with the Commonwealth's [Emergency
Management Plan] emergency management program and [in
accordance] consistent with other applicable Federal regulations
and State laws for each nuclear generating facility that has
received an operating license from the Nuclear Regulatory
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Commission.
(b) Agency functions.--The specific functions of the agency
under the radiological emergency [response preparedness,
planning and recovery] preparedness and management program shall
include, but not be limited to:
(1) Serving as the point of contact for the coordination
and management of the Statewide response and provide for
interface between the affected [facilities] counties and
other Commonwealth agencies [and departments, counties,
municipalities], Federal agencies , regional task forces,
political subdivisions and school districts.
(2) [Annual] Overseeing the annual review and revision,
as necessary, of the risk county and support county
radiological emergency response plans to ensure that they are
consistent with the [Commonwealth's] State Emergency
[Management] Operations Plan.
(3) Participation in required exercises, including
emergency communication drills and tests[, as based upon
mutually agreed schedules and parameters].
(4) Participation in the Federal full participation
exercises scheduled for commercial nuclear [generation] power
stations.
(5) Review and revision, as necessary, of [Annex E,
"Radiological Emergency Response to Nuclear Power Plant
Incidents," of the Commonwealth's Emergency Management Plan]
the Commonwealth's nuclear/radiological incident response
plan, and support of the annual review by the Department of
Environmental Protection of the onsite emergency response
plan of each [utility] nuclear power plant licensee to ensure
that it is consistent with the [annex] plan.
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[(6) Seeking formal Federal review and approval of the
Commonwealth's Annex E to its Emergency Management Plan and
the county, municipal and other plans in accordance with 44
CFR Part 350 (relating to review and approval of state and
local radiological emergency plans and preparedness). Once
Federal approval is obtained for the plans, the agency shall
seek to maintain that approval status.]
(7) Annual review of municipal and school district
radiological emergency response plans in conjunction with the
respective county emergency management [agencies to ensure
that they are consistent with the applicable county
radiological emergency response plans] program.
(8) [Assisting in] Overseeing the update of lesson plans
used by each [utility] nuclear power plant licensee for
county, municipal, school and volunteer agency offsite
training purposes [and, to the extent necessary to obtain
Federal approval, participation in this training effort] with
the objective to standardize training material to the extent
possible to support sharing of resources between Offsite
Response Organizations.
(9) [Annual review of] Review of design changes to the
[Alert Notification System Report] alert and notification
system for each commercial nuclear [generating] power station
[to ensure that current information from the State and county
plans are included in the report] and assist in the
coordination of siren or other emergency communication tests
with each [utility] nuclear power plant licensee, the
appropriate counties and adjacent states.
(10) Coordinating the review and update of emergency
information brochures with the respective counties and
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[utilities] nuclear power plant licensees.
(11) Participation with each [utility] nuclear power
plant licensee in planning and program meetings scheduled
with [counties, municipalities] political subdivisions,
dependent care facilities and school districts.
(12) Developing planning and preparedness procedures for
emergency response within the ingestion exposure pathway
emergency planning zone.
(13) Providing a qualified [press secretary] public
information officer or designee to participate in the
operation of a joint information center upon its activation
by a [utility] nuclear power plant licensee.
(14) Performing actions necessary to satisfy the
Commonwealth's responsibilities relative to Federal guidance
memoranda.
(15) Providing reasonable assistance and support
requested by a [utility] nuclear power plant licensee from
time to time in connection with the [utility] nuclear power
plant licensee obtaining or maintaining, or both, an
emergency plan acceptable to Federal regulatory entities
having jurisdiction over the [utility] nuclear power plant
licensee.
(16) Providing other reasonable assistance and support
requested by [utilities] nuclear power plant licensees from
time to time.
(17) Providing guidance to [State, county and municipal
elected officials, departments and agencies and school
districts in order] Commonwealth agencies, political
subdivisions, school districts and dependent care facilities
to ensure compliance with this section and all other
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applicable Federal and State radiation protection safety
laws.
(18) [Providing] Coordinating redundant communications'
capability between the agency's headquarters and each
[generating] commercial nuclear power station in this
Commonwealth sufficient to meet Federal and State regulatory
requirements.
(c) Establishment of fund.--[There is hereby created in the
General Fund a] A nonlapsing restricted receipt account to be
known as the Radiological Emergency Response Planning and
Preparedness Program Fund is established in the General Fund.
[Fees received under subsection (d) shall be deposited in this
fund.] Moneys in the fund are hereby appropriated to the agency
to carry out its responsibilities under subsections (a) and (b).
§ 7501. General authority of [political subdivisions] county
and local emergency management programs.
(a) Establishing emergency management [organization]
programs.--[Each political subdivision of this Commonwealth is
directed and authorized to establish a local emergency
management organization in accordance with the plan and program
of the Pennsylvania Emergency Management Agency. Each local
organization shall have responsibility for emergency management,
response and recovery within the territorial limits of the
political subdivision within which it is organized] No later
than two years from the effective date of Chapter 83 (relating
to public health emergency measures), a political subdivision
shall establish an emergency management program consistent with
the Commonwealth emergency management program within its
jurisdictional limits as required by the agency and, in
addition, shall conduct such services outside of its
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jurisdictional limits as may be required under this part.
(b) Declaration of local disaster emergency.--
(1) A local disaster emergency may be declared by
official action of the governing body of a political
subdivision upon finding a disaster emergency has occurred or
is imminent. The governing body of a political subdivision
may authorize the [mayor or other] chief elected executive
officer to declare a local disaster emergency subject to
ratification by official action of the governing body.
(2) The [declaration] declared disaster emergency shall
be issued by executive order or proclamation and shall
continue until the governing body or the chief elected
executive officer, as the case may be, finds that the threat
or danger has passed or the disaster has been dealt with to
the extent that emergency conditions no longer exist.
(3) A declared disaster emergency shall not [be
continued] continue or be renewed for a period in excess of
[seven] 30 days except by [or with the consent] official
action of the governing body of the political subdivision.
(4) All executive orders or proclamations issued under
this subsection shall indicate the nature of the disaster
emergency, the area or areas threatened and the conditions
which have brought the disaster emergency about or which make
possible termination of the declared disaster emergency.
(5) Any order or proclamation declaring, continuing or
terminating a [local] county disaster emergency shall be
given prompt and general publicity and shall be filed
promptly with the agency.
(6) An order or proclamation declaring, continuing or
terminating a municipal disaster emergency shall be given
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prompt and general publicity and shall be filed promptly with
the agency through the appropriate county emergency
management program.
(7) The effect of a declaration of a local disaster
emergency is to activate the response and recovery aspects of
any and all applicable local emergency [management] plans and
to authorize the furnishing of aid and assistance thereunder.
(c) Contracts and obligations.--In carrying out the
provisions of this part, each political subdivision shall have
the power to enter into contracts and incur obligations
necessary to manage the disaster emergency [management, response
and recovery].
(d) Temporary suspension of formal requirements.--Each
political subdivision included in a declaration of disaster
emergency declared by either the Governor or the governing body
or chief executive elected officer of the political subdivision
affected by the disaster emergency is authorized to exercise the
powers vested under this section in the light of the exigencies
of the emergency situation without regard to time-consuming
procedures and formalities prescribed by law [(excepting
[mandatory constitutional requirements)], excepting
constitutional requirements, pertaining to the performance of
public work, entering into contracts, the incurring of
obligations, the employment of temporary workers, the rental of