See other bills
under the
same topic
PRIOR PRINTER'S NO. 1411
PRINTER'S NO. 1876
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1019
Session of
2018
INTRODUCED BY VULAKOVICH, COSTA, BAKER, BREWSTER, BROOKS,
EICHELBERGER, FONTANA, GORDNER, HUGHES, MENSCH, RAFFERTY,
SCHWANK, STEFANO, TARTAGLIONE, YAW, YUDICHAK, BROWNE, WARD
AND REGAN, JANUARY 17, 2018
SENATOR VULAKOVICH, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
AS AMENDED, JUNE 13, 2018
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, ESTABLISHING AND PROVIDING FOR THE
POWERS AND DUTIES OF THE GOVERNOR'S OFFICE OF HOMELAND
SECURITY; IN 911 EMERGENCY COMMUNICATION SERVICES, FURTHER
PROVIDING FOR TELECOMMUNICATIONS MANAGEMENT AND FOR FUND,
PROVIDING FOR LEGISLATIVE BUDGET AND FINANCE COMMITTEE REVIEW
AND FURTHER PROVIDING FOR TERMINATION OF CHAPTER; in general
provisions, further providing for definitions and for
purposes of part; in Commonwealth services, further providing
for general authority of Governor, for temporary housing, for
debris and wreckage removal, for community disaster loans,
for individual and family assistance and for grants for
hazard mitigation, providing for use and appropriation of
unused Commonwealth funds, establishing the Disaster
Emergency Fund, further providing for laws suspended during
emergency assignments, providing for penalty for false
application and further providing for organization, for
powers and duties of Pennsylvania Emergency Management
Agency, for utilization of existing services and facilities
and for radiological emergency response preparedness,
planning and recovery program AND PROVIDING FOR ONLINE
TRAINING FOR FIREFIGHTERS; IN VOLUNTEER FIREFIGHTERS, FURTHER
PROVIDING FOR FUNDS; in local organizations and services,
further providing for general authority of political
subdivisions, for local coordinator of emergency management,
for powers and duties of political subdivisions, for
coordination, assistance and mutual aid, for appropriations
by political subdivisions, for law applicable to local
organizations, for agreements among political subdivisions,
for payments involving one political subdivision and for
payments involving two or more political subdivisions and
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providing for regional all-hazards preparedness and emergency
management; in Emergency Management Assistance Compact,
further providing for budgetary considerations and providing
for protections; in miscellaneous provisions, further
providing for duties concerning disaster prevention, for
acceptance of services, gifts, grants and loans, for
interstate arrangements and for immunity from civil
liability, providing for other benefits unaffected, further
providing for special powers of local agencies, for
compensation for accidental injury and for penalties and
providing for authority of Federal law enforcement officers,
for confidentiality and for adverse interests; IN GRANTS TO
FIRE COMPANIES AND EMERGENCY MEDICAL SERVICES COMPANIES,
FURTHER PROVIDING FOR AWARD OF GRANTS; IN INCENTIVES FOR
MUNICIPAL VOLUNTEERS OF FIRE COMPANIES AND NONPROFIT
EMERGENCY MEDICAL SERVICES AGENCIES, FURTHER PROVIDING FOR
PROGRAM AUTHORIZATION; and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 7102, 7103, 7301, 7302, 7303, 7304, 7305
and 7305.1 of Title 35 of the Pennsylvania Consolidated Statutes
are amended to read:
SECTION 1. TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 49
GOVERNOR'S OFFICE OF HOMELAND SECURITY
SEC.
4901. DEFINITIONS.
4902. OFFICE.
4903. DESIGNATION OF STATE ADMINISTRATIVE AGENCY.
4904. COOPERATION BY STATE AGENCIES.
§ 4901. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ADVISOR." THE HOMELAND SECURITY ADVISOR UNDER SECTION
4902(C) (RELATING TO OFFICE).
"DIRECTOR." THE HOMELAND SECURITY DIRECTOR UNDER SECTION
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4902(D).
"OFFICE." THE GOVERNOR'S OFFICE OF HOMELAND SECURITY
ESTABLISHED UNDER SECTION 4902(A).
§ 4902. OFFICE.
(A) ESTABLISHMENT.--THE GOVERNOR'S OFFICE OF HOMELAND
SECURITY IS ESTABLISHED WITHIN THE OFFICE OF THE GOVERNOR TO
PREPARE FOR, PREVENT, RESPOND TO AND RECOVER FROM ACTS OF
TERRORISM.
(B) POWERS AND DUTIES.--THE OFFICE HAS THE POWER AND DUTY
TO:
(1) SECURE THIS COMMONWEALTH FROM ACTS OF TERRORISM.
(2) REDUCE THE VULNERABILITY OF CRITICAL INFRASTRUCTURE
AND KEY RESOURCES TO TERRORIST ATTACKS.
(3) PARTNER WITH THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY AND OTHER FEDERAL, STATE AND LOCAL AGENCIES
IN MATTERS RELATED TO HOMELAND SECURITY.
(4) WORK WITH THE PRIMARY STATE FUSION CENTER TO DEVELOP
THE PROCESS OF INFORMATION FUSION FOR THE GATHERING,
PROCESSING, ANALYZING AND DISSEMINATING OF INFORMATION
RELATED TO HOMELAND SECURITY.
(5) COOPERATE WITH THE PENNSYLVANIA EMERGENCY MANAGEMENT
AGENCY IN MATTERS RELATING TO EMERGENCY MANAGEMENT PLANNING,
PREPAREDNESS AND RESPONSE.
(6) PARTICIPATE, IN CONCERT WITH THE PRIVATE SECTOR AND
OTHER FEDERAL, STATE AND LOCAL AGENCIES, IN A COORDINATED
EFFORT TO PREPARE FOR, PREVENT, RESPOND TO AND RECOVER FROM
ACTS OF TERRORISM.
(C) HOMELAND SECURITY ADVISOR.--THE HEAD OF THE OFFICE SHALL
BE THE HOMELAND SECURITY ADVISOR, AS APPOINTED BY THE GOVERNOR.
THE ADVISOR SHALL SERVE AS THIS COMMONWEALTH'S PRIMARY POINT OF
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CONTACT WITH THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY
AND OTHER FEDERAL, STATE AND LOCAL AGENCIES IN MATTERS RELATED
TO HOMELAND SECURITY. THE ADVISOR SHALL ADVISE AND REPORT TO THE
GOVERNOR.
(D) HOMELAND SECURITY DIRECTOR.--THE OFFICE SHALL BE MANAGED
BY A HOMELAND SECURITY DIRECTOR APPOINTED BY THE GOVERNOR. THE
DIRECTOR SHALL REPORT TO THE ADVISOR AND TO THE GOVERNOR'S
DEPUTY CHIEF OF STAFF FOR PUBLIC SAFETY. THE DIRECTOR SHALL BE
ASSISTED BY PERSONNEL DEEMED NECESSARY TO ALLOW THE OFFICE TO
CARRY OUT ITS RESPONSIBILITIES.
(E) STAFFING AND LOCATION.--THE DIRECTOR IS AUTHORIZED TO
SELECT, APPOINT AND EMPLOY SUCH EMPLOYEES AS MAY BE NECESSARY TO
CARRY OUT THE FUNCTIONS OF THE OFFICE, IN ACCORDANCE WITH THE
PROCEDURES OF THE GOVERNOR'S OFFICE OF ADMINISTRATION. THE
OFFICE SHALL BE LOCATED AT PENNSYLVANIA STATE POLICE
DEPARTMENTAL HEADQUARTERS. ALL PERSONNEL ASSIGNED TO THE OFFICE
SHALL BE CLASSIFIED AS AUTHORIZED EMPLOYEES OF THE PENNSYLVANIA
STATE POLICE.
§ 4903. DESIGNATION OF STATE ADMINISTRATIVE AGENCY.
THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY IS DESIGNATED AS
THE STATE ADMINISTRATIVE AGENCY FOR THIS COMMONWEALTH AND SHALL
BE RESPONSIBLE FOR THE ADMINISTRATION AND AUDIT FUNCTIONS OF ALL
FEDERAL GRANTS RELATING TO HOMELAND SECURITY. THE DISTRIBUTION
AWARDS OF FEDERAL GRANT MONEY UNDER THE HOMELAND SECURITY GRANT
PROGRAM AND THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM
SHALL BE MADE BY THE GOVERNOR'S OFFICE, IN CONSULTATION WITH THE
ADVISOR AND THE DIRECTOR OF THE PENNSYLVANIA EMERGENCY
MANAGEMENT AGENCY, IN ACCORDANCE WITH THE FEDERAL GUIDELINES
RELATED TO THE NATIONAL HOMELAND SECURITY STRATEGY AND FEDERAL
GRANT GUIDANCE AS PROMULGATED BY THE UNITED STATES DEPARTMENT OF
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HOMELAND SECURITY AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY
FOR THE RESPECTIVE GRANT YEARS.
§ 4904. COOPERATION BY STATE AGENCIES.
ALL AGENCIES UNDER THE GOVERNOR'S JURISDICTION SHALL
COOPERATE WITH AND PROVIDE ASSISTANCE AND SUPPORT AS NEEDED BY
THE OFFICE AND THE GOVERNOR'S DEPUTY CHIEF OF STAFF FOR PUBLIC
SAFETY TO CARRY OUT THE FUNCTIONS OF THE OFFICE EFFECTIVELY.
SECTION 2. SECTIONS 5303(B)(1), (3) AND (4) AND 5306.1(D)(2)
OF TITLE 35 ARE AMENDED TO READ:
§ 5303. TELECOMMUNICATIONS MANAGEMENT.
* * *
(B) ESTABLISHMENT OF 911 BOARD.--THERE IS ESTABLISHED A
BOARD WITHIN THE AGENCY TO BE KNOWN AS THE 911 BOARD. THE BOARD
SHALL BE COMPRISED OF THE FOLLOWING:
(1) THE FOLLOWING STATE OFFICIALS, WHO SHALL SERVE AS
VOTING MEMBERS:
(I) THE DIRECTOR OF THE AGENCY, WHO SHALL ACT AS
CHAIRPERSON.
(II) THE STATE 911 COORDINATOR.
(III) THE COMMISSIONER OF THE PENNSYLVANIA STATE
POLICE.
(IV) THE CHAIRMAN OF THE VETERANS AFFAIRS AND
EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE.
(V) THE MINORITY CHAIRMAN OF THE VETERANS AFFAIRS
AND EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE.
(VI) THE CHAIRMAN OF THE VETERANS AFFAIRS AND
EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES.
(VII) THE MINORITY CHAIRMAN OF THE VETERANS AFFAIRS
AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF
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REPRESENTATIVES.
(VIII) THE STATE FIRE COMMISSIONER.
(IX) THE CHAIRPERSON OF THE STATE GEOSPATIAL
COORDINATING BOARD.
* * *
(3) A REPRESENTATIVE FROM THE FOLLOWING STATE AGENCIES,
WHO SHALL SERVE AS NONVOTING MEMBERS, TO BE APPOINTED BY THE
CHIEF EXECUTIVE OR ADMINISTRATIVE OFFICER OF EACH AGENCY:
(I) THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.
[(II) THE OFFICE OF THE STATE FIRE COMMISSIONER.]
(III) THE GOVERNOR'S OFFICE OF ADMINISTRATION.
(4) A REPRESENTATIVE FROM THE FOLLOWING STATEWIDE
ASSOCIATIONS, WHO SHALL SERVE AS NONVOTING MEMBERS:
(I) THE PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION.
(II) THE FRATERNAL ORDER OF POLICE.
(III) THE PENNSYLVANIA EMERGENCY HEALTH SERVICES
COUNCIL.
(IV) THE PENNSYLVANIA FIRE AND EMERGENCY SERVICES
INSTITUTE.
(V) THE ASSOCIATION OF PUBLIC-SAFETY COMMUNICATIONS
OFFICIALS.
(VI) THE PENNSYLVANIA CHAPTER OF THE NATIONAL
EMERGENCY NUMBER ASSOCIATION.
(VII) THE KEYSTONE EMERGENCY MANAGEMENT ASSOCIATION.
(VIII) THE PENNSYLVANIA PROFESSIONAL FIRE FIGHTERS
ASSOCIATION.
(IX) THE FIREMEN'S ASSOCIATION OF THE STATE OF
PENNSYLVANIA.
(X) THE PENNSYLVANIA WIRELESS ASSOCIATION.
(XI) THE PENNSYLVANIA TELEPHONE ASSOCIATION.
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(XII) THE BROADBAND CABLE ASSOCIATION OF
PENNSYLVANIA.
(XIII) THE PENNSYLVANIA MUNICIPAL LEAGUE.
(XIV) THE PENNSYLVANIA STATE ASSOCIATION OF
BOROUGHS.
(XV) THE PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP
SUPERVISORS.
(XVI) THE PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP
COMMISSIONERS.
(XVII) THE AMBULANCE ASSOCIATION OF PENNSYLVANIA.
(XVIII) THE PENNSYLVANIA ASSOCIATION OF COUNCILS OF
GOVERNMENTS.
* * *
§ 5306.1. FUND.
* * *
(D) DISTRIBUTION.--WITHIN 30 DAYS AFTER THE END OF EACH
QUARTER, THE AGENCY SHALL DETERMINE THE AMOUNT AVAILABLE FROM
THE FUND FOR DISTRIBUTION AND MAKE DISBURSEMENTS IN ACCORDANCE
WITH THE STATEWIDE 911 PLAN AND THIS CHAPTER AND IN ACCORDANCE
WITH THE FOLLOWING:
* * *
(2) UP TO 15% OF THE AMOUNT IN THE FUND SHALL BE USED BY
THE AGENCY TO ESTABLISH, ENHANCE, OPERATE OR MAINTAIN
STATEWIDE INTERCONNECTIVITY OF 911 SYSTEMS, INCLUDING, BUT
NOT LIMITED TO, THE USE OR OBLIGATIONS OF MONEY FOR DEBT
SERVICE RELATED TO REGIONAL OR STATEWIDE INTERCONNECTIVITY.
FUNDS UNDER THIS PARAGRAPH MAY ALSO BE USED TO PURCHASE A
STATEWIDE SYSTEM DESIGNED TO ALLOW INDIVIDUALS TO ASSOCIATE
THEIR PHONE NUMBERS WITH PERSONAL INFORMATION, SUCH AS A
PHYSICAL DISABILITY, SO THAT WHEN AN INDIVIDUAL MAKES A 911
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CALL, THE PSAP HAS THE INDIVIDUAL'S PERSONAL INFORMATION.
* * *
SECTION 3. TITLE 35 IS AMENDED BY ADDING A SECTION TO READ:
§ 5315. LEGISLATIVE BUDGET AND FINANCE COMMITTEE REVIEW.
THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL REVIEW THE
ANNUAL REPORTS REQUIRED UNDER THIS CHAPTER AS WELL AS THE
INVENTORY REPORT UNDER SECTION 5314 (RELATING TO INVENTORY) AND
SHALL MAKE RECOMMENDATIONS ON THE REAUTHORIZATION OF THE
PROVISIONS OF THIS CHAPTER BY JUNE 30, 2020.
SECTION 4. SECTIONS 5398, 7102, 7103, 7301, 7302, 7303,
7304, 7305 AND 7305.1 OF TITLE 35 ARE AMENDED TO READ:
§ 5398. TERMINATION.
[THIS] (A) GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION
(B), THIS CHAPTER SHALL EXPIRE JUNE 30, [2019] 2021.
(B) EXCEPTION.--SECTION 5304(C) (RELATING TO COUNTIES) SHALL
EXPIRE JUNE 30, 2019.
§ 7102. Definitions.
The following words and phrases when used in this part shall
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 prosecutions, law
enforcement sources or methods, investigative activities,
policies, training or protection tactics, tactical plans,
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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.
"CHIEF ELECTED EXECUTIVE OFFICER." INCLUDES:
(1) THE MAYOR OF A CITY OR BOROUGH OR THE ELECTED
EXECUTIVE IN A MUNICIPALITY WITHOUT A MAYOR.
(2) THE PRESIDING ELECTED OFFICER OF THE GOVERNING BODY
IN MUNICIPALITIES WITHOUT AN ELECTED EXECUTIVE.
"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
or is intended to perform an essential governmental function.
(5) A Commonwealth authority or entity.
"Commonwealth critical infrastructure protection plan." A
plan 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
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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 agency, to address the management of emergencies. The
term includes the Commonwealth 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.
"Commonwealth emergency operations plan." A document
prepared by the 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.
"Commonwealth Response Coordination Center" or "CRCC." The
Commonwealth's principal facility which provides response and
recovery support during disasters and emergencies to local
political subdivisions throughout the State. When activated, the
CRCC is staffed with personnel from various State agencies who
work in a defined organizational structure to coordinate State-
level emergency management actions, such as the coordination and
integration of resources. The CRCC provides policy guidance,
situational awareness, common operating picture and planning
support for affected local political subdivisions.
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"Commonwealth Watch and Warning Center." The Commonwealth's
principal 24-hour, seven-day-a-week watch and warning center.
"Council." The Pennsylvania Emergency Management Council.
["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.]
"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
by a county under section 7501 (relating to general authority of
county and local POLITICAL SUBDIVISIONS' 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.
"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
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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 or disaster that may:
(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
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economy or property.
"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,
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 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 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
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health services, INCLUDING DELIVERY OF MEDICATIONS AND HEALTH
CARE SUPPLIES, 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
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 Stafford Act (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 PERSON , 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
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strike the community and estimates the potential impact of the
disaster to loss of life, property, the environment and the
economy.
"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
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 COORDINATION 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.
"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
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to the end customer.
(4) A public or private water pipeline.
(5) PHARMACEUTICAL AND HEALTH CARE DISTRIBUTION NETWORKS
THAT PROVIDE CRITICAL MEDICATIONS AND OTHER MEDICAL SUPPLIES
TO HOSPITALS, LONG-TERM CARE FACILITIES, PHARMACIES AND OTHER
HEALTH CARE SETTINGS.
["Local emergency." The condition declared by the local
governing body when in their judgment the threat or actual
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 organization." A local emergency management
organization.
"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
or causes substantial damage to property, human suffering,
hardship or loss of life.
"Natural disaster." Any hurricane, tornado, storm, flood,
high water, wind-driven water, tidal wave, earthquake,
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landslide, mudslide, snowstorm, drought, fire, explosion or
other catastrophe which results in substantial damage to
property, hardship, suffering or possible loss of life.]
"Institution of higher education." A university, four-year
college or community college.
"Joint information center." A facility established to
coordinate incident-related public information activities and be
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.
"Local disaster emergency." The condition declared by a
local governing body or chief elected executive officer when, in
the governing body's or 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 management program." An emergency
management and preparedness program established and maintained
by a municipality POLITICAL SUBDIVISION under section 7501
(relating to general authority of county and local POLITICAL
SUBDIVISIONS' emergency management programs).
"Major disaster." The term as it is defined in section
102(2) of the Stafford Act (42 U.S.C. § 5122(2)).
"Mitigation." Protection activities designed to reduce or
eliminate risks to persons or property or to lessen the actual
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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 . , HOME RULE OR OPTIONAL CHARTER MUNICIPALITY OR ANY
OTHER GENERAL PURPOSE UNIT OF LOCAL GOVERNMENT OTHER THAN A
COUNTY.
"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.
"Operational plan." A plan that describes the emergency
management or homeland security roles, responsibilities and
resources of an organization.
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"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,]
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] OR MUNICIPALITY.
"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
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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
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." A cooperative effort organized among
Federal, State, county, council of government 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
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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] residents of this
Commonwealth.
["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
or biological means, or other weapons or overt paramilitary
actions, or other conditions such as sabotage.]
"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 agency, county
emergency management 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.
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"Specialized regional response team." A complement of
individuals established by a regional task force and organized
in accordance with standards developed by the agency and
applicable Federal agencies to respond to emergencies involving
an actual or potential disaster.
"Specialized Statewide response team." A complement of
individuals organized DESIGNATED OR RECOGNIZED 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 hazard mitigation plan." A document prepared by the
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.
"WHOLESALE DISTRIBUTOR OF PRESCRIPTION MEDICATIONS." A
PERSON WHO OPERATES A FACILITY FROM WHICH A PERSON ENGAGES IN
THE WHOLESALE DISTRIBUTION OF PRESCRIPTION DRUGS AS DEFINED
UNDER SECTION 3 OF THE ACT OF DECEMBER 14, 1992 (P.L.1116,
NO.145), KNOWN AS THE WHOLESALE PRESCRIPTION DRUG DISTRIBUTORS
LICENSE ACT.
§ 7103. [Purposes] Purpose of part.
[The purposes of this part are to:
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(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
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
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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 AMONG political
subdivisions, intergovernmental cooperative entities, regional
task forces, councils of governments , elementary and secondary
schools and other appropriate public and private entities
participate.
§ 7301. General authority of Governor.
(a) Responsibility to [meet] ADDRESS disasters.--The
Governor is responsible for [meeting] ADDRESSING the dangers to
this Commonwealth [and people] AS 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
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
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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).
(d) Activation of disaster response.--An executive order or
proclamation of a [state of] declared disaster emergency shall
activate the disaster response and recovery aspects of the
Commonwealth 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
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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.
(1.1) Transfer any unused funds which 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 relief of disaster in a manner as
the Governor shall approve, and the funds are hereby
appropriated to the Governor for those purposes. The total of
the transfers under this subsection shall not exceed
$30,000,000 in any one fiscal year expect by action of the
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General Assembly.
(1.2) Transfer any funds which may have been
appropriated for the ordinary expenses of government in the
General Fund to Commonwealth agencies as the Governor may
direct to be expended for reimbursements as provided in
section 7705(a) and (b) (relating to special powers of
political subdivisions). Reimbursements shall be made in
accordance with and to the extent permitted by regulations
issued by the agency or agencies as the Governor may
designate to administer the reimbursement programs
established by section 7705(a) and (b). The total of such
transfers shall not exceed $5,000,000 in any one fiscal year
except by action of the General Assembly.
(2) [Utilize] Before, during and following the
expiration of a declaration of a disaster emergency, utilize
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
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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
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
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make the request.
(11) APPOINT THE DIRECTOR, SUBJECT TO THE CONSENT OF A
MAJORITY OF THE MEMBERS ELECTED TO THE SENATE.
§ 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 NONGOVERNMENTAL organization included
in the declared disaster emergency, declared Federal
emergency or declared major disaster.
(2) To assist any political subdivision [of this
Commonwealth], authority or authorized nonprofit
NONGOVERNMENTAL 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
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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
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
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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.
(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
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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.
(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
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(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
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
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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
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 2 5. Title 35 is amended by adding sections to read:
§ 7307.1. Use and appropriation of unused Commonwealth funds.
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(a) Transfer of funds authorized.--In addition to the
transfers permitted under section 7301 (relating to general
authority of Governor), 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.
(b) Limitation on amount transferred.--The total of the
transfers authorized under this section may not exceed
$30,000,000 in a year except by action of the General Assembly.
§ 7307.2. Disaster Emergency Fund.
(a) Establishment.--A nonlapsing, restricted account is
established within the State Treasury to be known as the
Disaster Emergency Fund. Any funds appropriated, deposited or
transferred to the fund, including interest earned on money in
the fund, shall be restricted and nonlapsing.
(b) Use of fund money.--Money in the fund shall be used to
assist with emergencies or nonfederally declared disasters in
accordance with standards and guidelines set by the agency and
published in the Pennsylvania Bulletin.
Section 3 6. Section 7308(a) of Title 35 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
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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 4 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 5 8. Sections 7312, 7313, 7314, 7320, 7501, 7502,
7503, 7504, 7511, 7512, 7513, 7514 and 7515 AND 7320 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
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,
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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,
THE DIRECTOR OF HOMELAND SECURITY 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 designees. [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.]
(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
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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 AGRICULTURE, COMMUNICATIONS, EDUCATION,
EMERGENCY MEDICAL SERVICES AND SUPPLY DELIVERY, ENERGY
UTILITY, FIRE, MEDICAL, POLICE AND TRANSPORTATION
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
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
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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
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
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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
review and conduct, when directed by the Governor, studies of
disasters that occur in this Commonwealth, their causes and
impacts, make recommendations to prevent future disasters,
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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,] REGIONAL TASK
FORCES, POLITICAL SUBDIVISIONS, elementary and secondary
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.
(iv) Organization of manpower[,] and chains of
command[, continuity of government] in emergency
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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] emergency
operations plan.
(vii) Assistance to the Commonwealth, regional task
forces, elementary and secondary schools and county and
local governments and private or nonprofit entities 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
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
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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 Commonwealth
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] Response
Coordination Center and a Commonwealth Watch and Warning
Center 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 standards, 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, elementary and secondary
schools and dependent care facilities in the preparation of
[disaster] emergency [management] plans or components thereof
[and to periodically review such plans and suggest or require
revisions].
(5) [To establish and operate or assist political
subdivisions in establishing and operating training programs]
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