Regular Session 2015-2016 Senate Bill 0035 P.N. 0341

PRINTER'S NO. 341

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

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

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.

(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

20150SB0035PN0341 - 22 -

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

20150SB0035PN0341 - 23 -

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.

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.

20150SB0035PN0341 - 24 -

(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.

20150SB0035PN0341 - 25 -

(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

20150SB0035PN0341 - 26 -

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

20150SB0035PN0341 - 27 -

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.

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.

20150SB0035PN0341 - 28 -

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

20150SB0035PN0341 - 29 -

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.]

20150SB0035PN0341 - 30 -

(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.

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

20150SB0035PN0341 - 31 -

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

20150SB0035PN0341 - 32 -

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,

20150SB0035PN0341 - 33 -

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.

20150SB0035PN0341 - 34 -

(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

20150SB0035PN0341 - 35 -

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

20150SB0035PN0341 - 36 -

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

20150SB0035PN0341 - 37 -

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

20150SB0035PN0341 - 38 -

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

20150SB0035PN0341 - 39 -

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

20150SB0035PN0341 - 40 -

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

20150SB0035PN0341 - 41 -

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

20150SB0035PN0341 - 42 -

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.

20150SB0035PN0341 - 43 -

[(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

20150SB0035PN0341 - 44 -

[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

20150SB0035PN0341 - 45 -

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.

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

20150SB0035PN0341 - 46 -

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

20150SB0035PN0341 - 47 -

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.

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

equipment, the purchase of supplies and materials, the levying

of taxes and the appropriation and expenditure of public funds.

(e) Employment of personnel.--In order to meet prescribed

requirements for eligibility to receive Federal contributions

authorized under the provisions of the Federal Civil Defense Act

of 1950 (64 Stat. 1245, 50 U.S.C. App. § 2251 et seq.) or any

20150SB0035PN0341 - 48 -

amendment or reenactment thereof, political subdivisions are

authorized to avail themselves of services offered by the State

Civil Service Commission under the provisions of the act of

August 5, 1941 (P.L.752, No.286), known as the ["]Civil Service

Act,["] in connection with the employment of personnel in [local

organizations] a county emergency management program or a local

emergency management program established pursuant to the

provisions of this part.

(f) Intergovernmental cooperation.--Notwithstanding the

provisions of 53 Pa.C.S. § 2302 (relating to definitions), two

or more municipalities may jointly cooperate in the

establishment of a local emergency management program through

the organization or enactment of a council of governments, a

letter of agreement or other governing structure in conformance

with the provisions of 53 Pa.C.S. Ch. 23 Subch. A (relating to

intergovernmental cooperation) and in conformance with standards

established by the agency.

§ 7502. [Local coordinator of emergency management] County and

local emergency management coordinators.

(a) General rule.--[Each local organization of emergency

management shall have] Each county emergency management program

and each local emergency management program shall appoint a

coordinator who shall be responsible for the planning,

administration and operation of the [local organization]

respective emergency management program subject to the direction

and control of the chief elected executive officer [or] and

governing body. The duties of and continuing education and

certification standards for a coordinator shall be prescribed by

the agency. In addition to the qualifications under this

section, the agency shall prescribe other qualifications for the

20150SB0035PN0341 - 49 -

appointment of coordinators as it deems necessary.

(b) County coordinator.--[A coordinator shall be appointed

in all counties with approval of the director of the agency. The

executive officer or governing body of the county shall

recommend a coordinator whose recommendation must be endorsed by

the director of the agency prior to appointment by the Governor.

Upon failure of the executive officer or governing body of the

county to make a recommendation of a person for coordinator

within the time fixed by the agency, the Governor is authorized

to appoint a coordinator based upon the recommendation of the

director of the agency.]

(1) The chief elected executive officer of each county

shall recommend the appointment of a coordinator of the

county emergency management program to the director within 90

days of a vacancy, and a coordinator shall only be appointed

with the approval of the director.

(2) A temporary or acting coordinator shall be appointed

by the chief elected executive officer, and the agency shall

be notified of the appointment within 24 hours of a vacancy.

At no time shall the coordinator position remain vacant for

more than 24 hours.

(3) The coordinator [of the county organization] shall

not be assigned any duties that will [conflict] interfere

with [his duty] the duties as coordinator.

be appointed by the Governor upon the recommendation of the

executive officer or governing body of the political

subdivision. Upon the failure of the executive officer or

governing body of a political subdivision to make a

recommendation to the Governor of a candidate for coordinator

20150SB0035PN0341 - 50 -

within the time fixed by the agency, the Governor is authorized

to appoint a coordinator without any recommendation. A candidate

for coordinator for two or more political subdivisions may be

recommended to the Governor for appointment upon agreement by

resolution of the governing bodies of such political

subdivisions. Any other law notwithstanding, a local government

official may be recommended for appointment.] Local

coordinators.--

(1) The chief elected executive officer of a

municipality with a local emergency management program shall

appoint a coordinator and provide written notice to the

county where the local emergency management program is

located within 30 days following his appointment.

(2) A temporary or acting coordinator shall be appointed

by the chief elected executive officer and the county shall

be notified of the appointment within 24 hours of a vacancy.

At no time shall the coordinator position remain vacant for

more than 24 hours.

(3) Notwithstanding any other provision of law, a local

government official may be appointed as a coordinator under

this subsection, provided that the official complies with the

qualifications for appointment prescribed by the agency as

contained in this section.

(d) Qualifications and removal.--[The]

(1) A coordinator shall be professionally competent and

capable of planning, effecting coordination among operating

agencies of government and controlling coordinated operations

by local emergency preparedness forces.

(2) (i) A coordinator may be removed for incompetence,

dishonesty or commitment of an offense involving moral

20150SB0035PN0341 - 51 -

turpitude under Federal, State or local laws or

ordinances.

(ii) The agency, or appointing entity, may remove a

county or local coordinator who fails to comply with the

continuing education and certification requirements

prescribed by the agency.

(e) In-service training.--Each coordinator appointed

[coordinator] under this section shall:

(1) [Attend and successfully complete the first phase of

the career development program as prescribed by the agency

within one year after appointment.] Successfully complete the

basic certification program of the agency no later than one

year after appointment.

(2) [Attend and successfully complete the second phase

of the career development program as prescribed by the agency

within three years after appointment.] Successfully complete

the advanced certification program of the agency no later

than three years after appointment.

(3) Attend basic and advanced seminars, workshops and

training conferences [called] required by the [State director

and/or official having responsibility for providing the

coordinator with in-service training] agency.

(4) Meet the training, continuing education,

certification and qualification requirements prescribed by

and within the time frames established by the agency .

[Failure to attend the instruction described in this subsection

or failure to attend a prescribed training conference for a

period of two consecutive years shall be cause for replacement.

The State Director of Emergency Management may grant credit

toward meeting the requirements of this subsection to appointed

20150SB0035PN0341 - 52 -

local coordinators on the basis of prior experience and

training.]

(e.1) Credit.-- At the discretion of the director, a

coordinator may receive credit toward meeting the requirements

of subsection (e) on the basis of prior experience and training

of the coordinator.

(f) Responsibility for training.--Responsibility for the

professional in-service training of each coordinator rests with

each successive higher [political subdivision] emergency

management program than the one in which the coordinator is

functioning.

(g) Expenses.--[Each appointed] The county, municipality or

council of governments served by the coordinator shall reimburse

the coordinator [shall be reimbursed] for actual expenses

incurred in the performance of his duties and attendance at

scheduled meetings, exercises and required training.

§ 7503. Powers and duties of [political subdivisions] county

and local emergency management programs.

(a) General rule.--Each [political subdivision shall, either

individually or pursuant to the provisions of the act of July

12, 1972 (P.L.762, No.180), referred to as the Intergovernmental

Cooperation Law, adopt an Intergovernmental Cooperation

agreement with other political subdivisions to:] county

emergency management program and each local emergency management

program shall:

(1) Prepare, maintain and keep current [a disaster], as

specified by the agency, 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 in consonance with the

20150SB0035PN0341 - 53 -

Pennsylvania Emergency Management Plan] plans.

(2) Establish, equip and staff an emergency operations

center, consolidated with warning and communication systems

to support government operations in emergencies and provide

other essential facilities and equipment for agencies and

activities assigned emergency functions in accordance with

agency directives.

(3) Provide individual and organizational training

programs to [insure] ensure prompt, efficient and effective

disaster emergency services.

(4) Organize, prepare and coordinate all locally

available manpower, materials, supplies, equipment,

facilities and services necessary for response to disaster

[emergency readiness, response and recovery] emergencies.

(5) Adopt and implement precautionary measures to

mitigate the anticipated effects of disaster.

(6) Execute and enforce such rules and orders as the

agency shall adopt and promulgate under the authority of this

part.

(7) Cooperate and coordinate with any public [and] or

private agency or entity in achieving any purpose of this

part.

(8) Have available for inspection at its emergency

operations center all emergency management plans, rules and

orders of the Governor and the agency.

(9) Provide prompt and accurate information regarding

local disaster emergencies to appropriate Commonwealth and

local officials and agencies and the general public.

(10) Participate in [all] tests, drills and exercises,

including remedial drills and exercises, scheduled by the

20150SB0035PN0341 - 54 -

agency or by the Federal Government.

(11) Participate in the program of integrated flood

warning systems under section 7313(6) (relating to powers and

duties).

(b) County emergency management program.--A county shall

develop, maintain and manage its emergency management program

and capabilities as prescribed by the agency. The program shall

include the following:

(1) Coordinating resource management to ensure that

county and appropriate municipal resources are properly

organized, trained and equipped and have adequate plans to

safely and effectively accomplish assigned missions.

(2) Maintaining a countywide listing of county and

municipal resources.

(3) Providing updated resource management information to

the agency upon request.

(4) Implementing and coordinating the county's National

Incident Management System compliance activities.

(5) Monitoring progress by municipalities within the

county in National Incident Management System implementation

and providing assistance where feasible.

(6) Following reporting protocols established by the

agency.

(7) Developing and implementing county plans, policies

and procedures that are current with Commonwealth strategies,

requirements, plans and templates.

(8) Preparing and maintaining a county hazard

vulnerability analysis that incorporates all municipal

hazards.

(9) Coordinating and monitoring planning activities by

20150SB0035PN0341 - 55 -

municipalities within the county and providing assistance

where feasible.

(10) Providing training to staff of local emergency

management programs and municipalities within the county.

(11) Maintaining training records for coordinators of

local emergency management programs within the county.

(12) Submitting certification documentation to the

agency for county staff and staff of municipalities within

the county.

(13) Coordinating emergency communications by doing the

following:

(i) Encouraging optimal communication and

coordination between the local emergency management

programs within the county and local 911 centers in

accordance with applicable State law.

(ii) Establishing and managing a county emergency

operations center using the National Incident Management

System.

(iii) Coordinating and cooperating with local

emergency management programs within the county and other

relevant organizations and entities for interoperable

emergency communications.

(14) Participating in continuity of county government

and continuity of county operations planning and ensuring

that county planning is consistent with Statewide and

regional plans.

(15) Developing, maintaining and executing an exercise

and evaluation program in accordance with agency directives

and the Federal Homeland Security Exercise and Evaluation

Program or its successor program.

20150SB0035PN0341 - 56 -

(16) Participating in planning for continuity of

municipal government and continuity of municipal operations

and providing assistance where feasible.

(17) Coordinating the delivery of citizen education

programs and supplementing materials as necessary.

(18) Coordinating the delivery of awareness and

education programs for county and municipal elected officials

on preparedness and emergency management topics.

(19) Participating in regional task force activities as

appropriate.

(20) Supporting the implementation of the Commonwealth

Critical Infrastructure Protection Program and the National

Infrastructure Protection Plan.

(21) Seeking and promoting opportunities to improve the

efficiency of emergency preparedness and response through

regionalization of services as appropriate.

(22) Advising county officials in matters related to

disaster preparedness and response.

(23) Reviewing and accepting emergency action plans and

emergency operations plans developed by municipalities,

dependent care facilities and other entities located within

the county that are required by law or regulation to develop

and maintain an emergency plan. The coordinator shall provide

an annual report to the agency on or before March 1 of each

year describing the status of the plans reviewed under this

paragraph. This paragraph includes review of emergency plans

for nuclear reactors that are subject to regulation by the

Nuclear Regulatory Commission.

(24) Coordinating the development and maintenance of a

countywide animal rescue capability consistent with standards

20150SB0035PN0341 - 57 -

and guidelines established by the agency in conjunction with

the Department of Agriculture and the Pennsylvania State

Animal Response Team. The coordinator shall engage a county

animal response team, if one exists, in planning activities.

required to establish a local emergency management program under

section 7501 (relating to general authority of county and local

emergency management programs) shall develop, maintain and

manage programs and capabilities as prescribed by the agency

that shall include, but not be limited to, the following:

(1) Coordinating resource management to ensure that

appropriate municipal resources are properly organized,

trained and equipped and have adequate plans to safely and

effectively accomplish the assigned missions.

(2) Maintaining a current list of municipal resources.

(3) Providing updated resource management information to

the county emergency management program where the

municipality is located and to the county 911 center upon

request.

(4) Coordinating the municipality's National Incident

Management System compliance activities.

(5) Following reporting protocols established by the

county emergency management program where the county 911

centers and the municipality are located.

(6) Developing and implementing municipal plans,

policies and procedures in consultation with law enforcement,

fire and emergency personnel and medical service providers

that are consistent with Commonwealth and county strategies,

requirements, plans and templates.

(7) Preparing and maintaining a municipal hazard

20150SB0035PN0341 - 58 -

vulnerability analysis.

(8) Providing training for staff of the local emergency

management program and maintaining training records and

certification documentation.

(9) Coordinating emergency communications by doing the

following:

(i) Establishing and managing a municipal emergency

operations center in compliance with the National

Incident Management System.

(ii) Coordinating and cooperating with the county

emergency management program where the municipality is

located and other relevant organizations and entities for

interoperable emergency communications.

(10) Participating in continuity of municipal government

and continuity of municipal operations planning.

(11) Coordinating the delivery of citizen education

programs by the municipality and supplementing materials as

necessary.

(12) Coordinating the delivery of awareness and

education programs by the municipality for municipal elected

officials for preparedness and emergency management topics.

(13) Participating in county and, as appropriate,

regional emergency preparedness task force activities.

(14) Supporting the implementation of the National

Infrastructure Protection Plan and the Commonwealth Critical

Infrastructure Preparedness Plan.

(15) Seeking and promoting opportunities to improve the

efficiency of preparedness and emergency management through

regionalization of services as appropriate.

(16) Advising municipal officials in matters related to

20150SB0035PN0341 - 59 -

disaster preparedness and emergency management.

(17) Reviewing and accepting emergency management plans

and programs developed by school districts, dependent care

facilities and other entities located within the municipality

that are required by law or the Commonwealth to develop and

maintain preparedness and emergency management capabilities.

The coordinator shall provide an annual report to the

coordinator of the county emergency management program where

the municipality is located on or before September 1 of each

year describing the status of the plans reviewed under this

paragraph. This paragraph includes review of emergency plans

for nuclear reactors that are subject to regulation by the

Nuclear Regulatory Commission.

§ 7504. Coordination[,] and assistance [and mutual aid].

(a) Responsibility for direction and coordination.--

Direction of disaster emergency management services is the

responsibility of the lowest level of government affected. When

two or more political subdivisions within a county are affected,

the county organization shall exercise responsibility for

coordination and support to the area of operations. When two or

more counties are involved, coordination shall be provided by

the agency or by area organizations established by the agency.

(b) Assistance from higher government unit.--When all

appropriate locally available forces and resources are fully

committed by the affected political subdivision, assistance from

a higher level of government shall be provided. Regional task

forces may assist in the coordination efforts.

[(c) Municipal mutual aid agreements.--County and local

coordinators of emergency management shall develop mutual aid

agreements with adjacent political subdivisions for reciprocal

20150SB0035PN0341 - 60 -

emergency assistance. The agreements shall be consistent with

the plans and programs of the agency. In disaster emergencies,

requests for mutual aid assistance shall be referred to the

organization having responsibility for coordination as specified

in subsection (a) and in time of emergency it shall be the duty

of each local organization to render assistance in accordance

with the provisions of the mutual aid agreements.

(d) Interstate mutual aid arrangements.--The coordinator of

each local organization may, subject to approval of the

Governor, enter into mutual aid arrangements with similar

agencies or organizations in other states for reciprocal

disaster emergency services.

(e) Ratification of agreements.--Mutual aid agreements shall

be ratified by the governing bodies of the political

subdivisions involved.

(f) Control of outside support forces.--Support forces

furnished political subdivisions from outside its jurisdiction

shall be under the operational control of the department, agency

or office furnishing the force.]

§ 7511. Appropriations by political subdivisions.

(a) [General rule.--Every political subdivision shall have

the power to] Power.--

(1) A political subdivision may make appropriations for

the payment of expenses [of the local organization] for

preparedness and emergency management activities in the

manner provided by law for making appropriations for the

ordinary expenses of the political subdivision.

(2) In making appropriations, the political subdivision

shall specify the amounts and purposes for which the moneys

appropriated may be used by the organization to or for which

20150SB0035PN0341 - 61 -

such appropriation may be made.

(b) Two or more local [organizations] emergency management

programs or county emergency management programs.--

(1) Nothing in this subchapter or any other provision of

this part shall be deemed to limit the power of any political

subdivision to appropriate money for the purpose of paying

the expenses of a local [organization] emergency management

program or a county emergency management program having

jurisdiction both within and without the political

subdivision even though an appropriation has been or is to be

made to another local [organization] emergency management

program or another county emergency management program

coterminous with or having jurisdiction within the political

subdivision.

(2) Payments on account of an appropriation under this

subsection shall be made pursuant to an agreement under

section 7513 (relating to agreements among political

subdivisions) or in the form of a gift or grant to the

political subdivision responsible in the first instance for

the payment of bills and claims against the local

[organization] emergency management program or the county

emergency management program, as the case may be, for the

payment of the expenses for which the appropriation was made.

§ 7512. Law applicable to local [organizations] emergency

management programs and county emergency management

programs.

[(a) General rule.--]Where the jurisdiction of the local

[organization] emergency management program or the county

emergency management program is coterminous with the political

subdivision making an appropriation for the payment of the

20150SB0035PN0341 - 62 -

expenses, the local [organization] emergency management program

or the county emergency management program, as the case may be,

shall be deemed an agency, board or commission of the political

subdivision, subject to all of the laws governing the making of

contracts or purchases, the employment of persons or otherwise

incurring financial obligations which apply to the political

subdivision.

[(b) Second class townships.--No purchase or purchases shall

be made, no contract entered into and no expenses incurred by

any local organization which involves the payment of more than

$25 out of the treasury of any second class township unless the

proposed expenditure has been approved in writing by the

township supervisors. If any purchase or contract is made or

other expenses incurred contrary to the provisions of this

subsection, the township shall not be responsible for the

payment thereof but the person acting for the local organization

in the transaction shall be personally liable for the payment.]

§ 7513. Agreements among political subdivisions.

(a) [General rule.--] Duty to enter into agreements.--

(1) Where a local [organization] emergency management

program or a county emergency management program has

jurisdiction in an area including all or parts of more than

one political subdivision which does not include the whole

area of any county, the political subdivisions, all or part

of which lie within the jurisdiction of the [organization]

local emergency management program or the county emergency

management program, as the case may be, shall, before paying

any expenses of the [organization] local emergency management

program or the county emergency management program , enter

into an agreement designating one of the political

20150SB0035PN0341 - 63 -

subdivisions as the agent of each of them for the purpose of

paying the expenses of the local [organization.] emergency

management program or the county emergency management

program .

(2) The agreement shall [also set forth]:

(i) Specify the proportionate share of the expenses

of the [organization] local emergency management program

or the county emergency management program, as the case

may be, to be paid by each political subdivision party to

the agreement and an estimate of the amount required to

be appropriated by each of them for the purpose of paying

the expenses. [The agreement shall be effective]

(ii) Take effect when approved by [the corporate

authorities of each of the political subdivisions by a

majority vote and each of the subdivisions shall

thereupon] official action of the governing body of each

of the political subdivisions and each of the political

subdivisions shall then make an appropriation pursuant to

section 7511 (relating to appropriations by political

subdivisions) sufficient to pay its share of the expenses

of the [organization] local emergency management program

or the county emergency management program, as the case

may be.

(b) Counties.--Where the local [organization] emergency

management program or the county emergency management program

has jurisdiction in an area including the whole area of one or

more counties which is not coterminous with any one county,

before paying any expenses of the [organization] local emergency

management program or the county emergency management program,

as the case may be, the counties, all or part of which lie

20150SB0035PN0341 - 64 -

within the jurisdiction of the [organization] local emergency

management program or the county emergency management program,

shall enter into an agreement in the manner and form provided in

subsection (a) and with like effect, and no other political

subdivision lying within the jurisdiction of the [organization]

local emergency management program or the county emergency

management program, as the case may be, shall be a party to the

agreement.

§ 7514. Payments involving one political subdivision.

(a) [General rule.--] Warrant or order required.--

(1) All bills or claims to be paid from any

appropriation made by a political subdivision coterminous

with the local [organization] emergency management program or

the county emergency management program, after first being

approved by the local [organization] emergency management

program or the county emergency management program or an

appropriate officer thereof designated for that purpose,

shall be paid from the treasury of the political subdivision

only upon the warrant or order of the officer or officers of

the political subdivision designated by law to approve or

countersign warrants or orders for the payment of the

ordinary expenses of the political subdivision, and shall be

subject to audit in the same manner as other financial

transactions of the political subdivision.

(2) In each case, the officer or officers shall have the

same power to approve or disapprove as they have in case of

warrants for ordinary expenses of the political subdivision,

and no warrant or order for the payment thereof shall be

issued without the approval.

(b) Gift or grant of money.--Any gift or grant of money made

20150SB0035PN0341 - 65 -

to the local [organization] emergency management program or the

county emergency management program or to the political

subdivision for the payment of expenses incurred or to be

incurred by or for the [organization] local emergency management

program or the county emergency management program, as the case

may be, shall be deposited in the treasury of the political

subdivision and shall be appropriated by the political

subdivision for the purpose for which the gift or grant was

made, and any bills or claims to be paid from the gift or grant

shall be paid in the manner provided in this subchapter for the

payment of other bills and claims against the political

subdivision.

§ 7515. Payments involving two or more political subdivisions.

(a) General rule.--Where two or more political subdivisions

have entered into an agreement as provided by section 7513

(relating to agreements among political subdivisions), all bills

and claims for expenses incurred by or for the local

[organization] emergency management program or the county

emergency management program shall thereafter be paid in the

first instance by the political subdivision named as agent in

the agreement in the manner provided in section 7514 (relating

to payments involving one political subdivision) as though the

organization were coterminous with the political subdivision and

the [organization] local emergency management program or the

county emergency management program, as the case may be, shall

be subject to all of the laws governing the making of contracts

or purchases, the employment of persons or otherwise incurring

financial obligations which apply to the political subdivision.

(b) Accounting by agent.--The political subdivision

designated as agent shall, not later than the fifteenth day of

20150SB0035PN0341 - 66 -

each month, submit an itemized account of the expenses of the

organization paid by it during the preceding calendar month to

each of the other political subdivisions party to the agreement,

together with a request for reimbursement of the proportionate

share of expenses agreed to be paid by each of the other

political subdivisions.

(1) Each political subdivision requested to make

reimbursement shall do so within 30 days after the request

from the appropriation made for the payment of the expenses

of the organization [and, in]. In the event [of failure] the

political subdivision fails to do so, mandamus shall lie to

compel the officers of the political subdivision to pay the

agreed-upon proportionate share of the proper expenses of the

organization out of the first moneys thereafter in the

treasury of the political subdivision and not previously

pledged to any other purpose.

(2) No political subdivision may be compelled to pay for

any one year an amount greater than the amount estimated in

the agreement as its proportionate share.

(3) Any payment made by any political subdivision to the

political subdivision named as agent in the agreement for

reimbursement for the payment of the expenses of the

organization shall be credited by the agent political

subdivision to the appropriation made by it for the payment

of the expenses of the [organization] local emergency

management program or the county emergency management program

and shall be available for the payment of future expenses of

the [organization] local emergency management program or the

county emergency management program, as the case may be,

20150SB0035PN0341 - 67 -

without further appropriation or action by the agent

political subdivision.

(d) Gift or grant of money.--

(1) Any gift or grant of money made to or for the local

[organization] emergency management program or the county

emergency management program, if made to a political

subdivision, shall be deposited in its treasury and be

appropriated by it for the purpose for which the gift or

grant was made and the political subdivision shall notify the

political subdivision named as agent in the agreement of the

appropriation and the purpose for which it is available.

(2) If the gift or grant of money is made to the

[organization] local emergency management program or the

county emergency management program, it shall be deposited in

the treasury of the political subdivision named as agent in

the agreement and shall be appropriated by the political

subdivision for the purpose for which the gift or grant was

made.

(3) Any expenditure made by the agent political

subdivision from any gift or grant deposited in its treasury

or reimbursed from any gift or grant deposited in the

treasury of any other political subdivision shall not be

included in computing the reimbursement requested from any

other political subdivision under the agreement.

Section 9. Chapter 75 of Title 35 is amended by adding a

subchapter to read:

SUBCHAPTER C

REGIONAL ALL-HAZARDS PREPAREDNESS

AND EMERGENCY MANAGEMENT

Sec.

20150SB0035PN0341 - 68 -

7521. Regional task forces.

7522. Specialized regional task force teams.

7523. Urban search and rescue task force.

7524. Specialized Statewide response teams.

7525. Grant program.

7526. Workers' compensation premiums.

§ 7521. Regional task forces.

(a) Establishment.--The agency, in coordination with

Commonwealth agencies as designated by the Governor, county and

local emergency management programs, health, law enforcement,

public safety and volunteer organizations and other officials

and representatives from dedicated emergency response

organizations, private business and industry, institutions of

higher education, hospitals and medical care facilities and

other entities responsible for the health, safety and welfare of

the citizens of this Commonwealth, shall establish regional task

forces throughout this Commonwealth.

(b) Organization.--

(1) Each regional task force shall be a cooperative

effort among the counties within the designated region. Each

regional task force shall be governed by an executive board

comprised of the county coordinator from each county or other

county official appointed by the county within the task force

region.

(2) Notwithstanding any provision in 53 Pa.C.S. Ch. 23

(relating to general provisions), the member counties may

organize their regional task force as a council of

governments pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating

to intergovernmental cooperation).

(3) The regional task force executive board shall

20150SB0035PN0341 - 69 -

designate one of its member counties as its agent responsible

for entering into contracts and administering any funds,

grants or expenses of the regional task force. The regional

task force shall be subject to all of the laws governing the

making of contracts or purchases, the employment of persons

or otherwise incurring financial obligations, which apply to

the designated member county.

hazards emergency operations plan that encompasses the

comprising counties in accordance with subsection (d) and

guidelines developed by the agency. The agency shall review and

accept each plan in a timely manner, but no later than 90 days

after receipt of the plan by the agency. The task force shall

review and update the plan triennially and submit it to the

agency for review.

(d) Duties of regional task forces.--The duties of a

regional task force shall include the following:

(1) To develop and maintain an all-hazards emergency

operations plan.

(2) To comply with Federal and State requirements

regarding National Incident Management System training and

certification, emergency response equipment typing and

emergency responder credentialing.

(3) Consistent with Federal and State guidelines, to

consider serving as agent, if so appointed by its member

counties, for county and local coordinators and first

responders when applying for United States Department of

Homeland Security, State and related grants.

(4) To develop, maintain and manage an inventory of

regional emergency response resources, including emergency

20150SB0035PN0341 - 70 -

response vehicles, specialized equipment and certified or

credentialed personnel, that can be deployed within the

region served by the task force or elsewhere in response to

events that threaten life, property, the environment or the

economy and provide an inventory of the resources on a

schedule and in a manner prescribed by the agency.

(5) To attend training and related sessions as directed

or conducted by the agency.

(6) To participate in and conduct exercises as required

by the agency and the Federal Government.

(7) To participate in and conduct capabilities-based

planning activities and assessments.

§ 7522. Specialized regional task force teams.

(a) Establishment.--A regional task force may establish one

or more specialized regional response teams and incident

management teams.

(b) Organization.--

(1) Specialized regional task force teams shall be

organized in accordance with guidelines approved by the

regional task force executive board and the agency.

(2) The regional task force must enter into a written

agreement with each specialized regional task force team that

it establishes.

(3) In addition to other terms, the written agreement

shall stipulate which member county of the regional task

force is the responsible agent for administering funds,

grants or expenses of the specialized regional task force

team.

(4) A specialized regional task force team shall be

subject to the laws governing the making of contracts or

20150SB0035PN0341 - 71 -

purchases, the employment of persons or otherwise incurring

financial obligations, which apply to the designated agent

county.

force team may be activated and deployed by the Governor or the

designee of the Governor or an official designated by the

executive board of the regional task force that established it.

§ 7523. Urban search and rescue task force.

(a) Establishment of task forces.--The agency shall

establish urban search and rescue task forces throughout this

Commonwealth.

(b) Organization.--An urban search and rescue task force

shall be organized in accordance with guidelines developed by

the agency in coordination with the Federal Emergency Management

Agency.

shall respond to actual or potential disasters in this

Commonwealth and shall also perform search and rescue functions

as delineated in the Stafford Act, the National Response

Framework and the preparedness and response plans created in

accordance with the provisions of this chapter.

(d) Activation and deployment.--

(1) An urban search and rescue task force may only be

activated and deployed to the scene of a disaster emergency

by the President, the Governor, the designee of the Governor

or an official designated by the Federal Emergency Management

Agency. During an activation and deployment by the Governor

or the designee of the Governor, the administrative and

operational costs of the task force, its individual members

and their employers, Commonwealth agencies and other parties

20150SB0035PN0341 - 72 -

shall be paid by the Commonwealth.

(2) A component or subgroup of an urban search and

rescue task force may only be activated and deployed by the

agency, a county included in the task force that is a

component or subgroup or the task force itself. During the

activation and deployment, the administrative and operational

costs of the urban search and rescue task force component or

subgroup, its individual members and their employers shall be

paid by the deploying entity requesting the activation or

deployment.

(e) Funding, grants and donations.--In addition to funds

that are provided to a task force under section 7525 (relating

to grant program) or the authority of section 7307.1 (relating

to use and appropriation of unused Commonwealth funds), the

urban search and rescue task force may be eligible to receive

grants, donations of equipment and supplies and other funds from

any source. As an agent of the Commonwealth, a task force is

entitled to tax-exempt status from the Federal Government.

§ 7524. Specialized Statewide response teams.

(a) Establishment.--Commonwealth agencies may establish one

or more specialized Statewide response teams.

(b) Organization and responsibilities.--Specialized

Statewide response teams shall be organized in accordance with

guidelines developed by the agency in consultation with

applicable Federal or Commonwealth agencies. The response teams

shall provide professional, logistical, material and other forms

of emergency services and support to the regional task forces,

counties and specialized regional response teams organized in

this Commonwealth.

20150SB0035PN0341 - 73 -

only be activated and deployed by the Governor or the designee

of the Governor.

§ 7525. Grant program.

(a) Authorization.--The agency may award grants to regional

task forces, specialized regional task force teams, specialized

Statewide response teams and urban search and rescue task forces

to assist them in carrying out the provisions of this part,

including, but not limited to, entering into letters of

agreement or mutual aid agreements or providing mutual aid.

(b) Grants and funding.--Regional task forces, specialized

regional task force teams, specialized Statewide response teams

and urban search and rescue task forces may receive grants and

funding from the Federal Government and the Commonwealth through

application to the agency or any other entity providing grants

or funding for the purposes of this part.

the extent that funding is available.

§ 7526. Workers' compensation premiums.

Nothing in this part shall be construed to permit an insurer

to raise workers' compensation premiums due to the participation

or membership of a county, municipality, emergency services

organization, individual or employer on a task force or response

team described in this part.

Section 10. Sections 7701, 7702, 7703, 7704, 7705, 7706 and

7707 of Title 35 are amended to read:

§ 7701. Duties concerning disaster [prevention] preparedness

and emergency management.

(a) Governor.--In addition to disaster prevention measures

included in the Commonwealth and local plans, the Governor shall

consider on a continuing basis steps that could be taken to

20150SB0035PN0341 - 74 -

prevent or reduce the harmful consequences of disasters. The

Governor, from time to time, shall make recommendations to the

General Assembly, political subdivisions and other appropriate

public and private entities as may facilitate measures for

prevention or reduction of the harmful consequences of

disasters.

(b) Department of Environmental [Resources] Protection.--The

Department of Environmental [Resources] Protection, in

conjunction with the [Pennsylvania Emergency Management Agency,]

Department of Community and Economic Development, the Department

of Transportation and the agency, shall keep land uses, flood

plain designations and construction of structures and other

facilities under continuing study and identify areas which are

particularly susceptible to severe land shifting, subsidence,

flood or other catastrophic occurrence. The studies under this

subsection shall concentrate on means of reducing or avoiding

the dangers caused by this occurrence or the consequences

thereof.

Governor, and pursuant to any other authority and competence

they have, Commonwealth agencies, including but not limited to

those charged with economic recovery responsibilities in

connection with floodplain management, stream encroachment and

flow regulation, weather modification, fire prevention and

control, air quality, public works, land use and land-use

planning, construction standards, public utilities and energy,

shall make studies of disaster prevention-related matters.

(d) Schools.--[Public-funded universities, colleges,]

Institutions of higher education and elementary and secondary

schools that receive public funds shall be made available to

20150SB0035PN0341 - 75 -

[local] municipal, county, regional and [State] Commonwealth

officials for emergency planning and exercise purposes and

actual [service as mass-care facilities in the event of an

emergency evacuation] emergency services.

(e) Vehicles.--School bus and transportation vehicles owned,

contracted for or leased by [universities, colleges]

institutions of higher education and school districts that

receive public funds shall be made available to local, county,

regional and [State] Commonwealth officials for emergency

planning and exercise purposes and actual [service in the event

of an emergency evacuation] emergency services.

(f) Disaster response and emergency preparedness [drills]

exercises.--[Annually, schools and custodial child care

facilities shall conduct at least one disaster response or

emergency preparedness plan drill.] Every emergency action plan

developed under subsection (g) shall provide for the conduct of

at least one disaster exercise annually as specified by the

agency. The disaster exercise shall be coordinated with the

appropriate emergency management program.

(g) Plans.--[Every school district and custodial child care

facility, in cooperation with the local Emergency Management

Agency and the Pennsylvania Emergency Management Agency, shall

develop and implement a comprehensive disaster response and

emergency preparedness plan consistent with the guidelines

developed by the Pennsylvania Emergency Management Agency and

other pertinent State requirements. The plan shall be reviewed

annually and modified as necessary. A copy of the plan shall be

provided to the county emergency management agency.] Every

dependent care facility, including, but not limited to, public

school entities, shall develop and be prepared to implement an

20150SB0035PN0341 - 76 -

all-hazards emergency action plan in accordance with standards

established by the agency. The plan shall be coordinated with

the appropriate county emergency management program, local

emergency management program and dedicated emergency response

organizations.

(h) Large event plans.--

(1) When an event involves the congregation of a large

number of people so that a disaster emergency could

potentially overwhelm the resources of the dedicated

emergency response organizations responsible for the event or

would be likely to respond in the geographic area where the

event is to be held, the sponsoring organization of the event

shall develop an emergency action plan as specified by the

agency.

(2) A copy of the plan shall be provided to the county

and local emergency management program where the event is to

be held at least 30 days before the event.

(i) Sharing of information.--

(1) This subsection applies to any of the following

public entities that possesses or acquires all-hazards

information:

(i) A Commonwealth agency.

(ii) A court or an entity or office of the Unified

Judicial System.

(iii) The General Assembly.

(iv) A political subdivision.

(v) A dedicated emergency response organization.

(2) A public entity enumerated in paragraph (1) shall do

all of the following:

(i) Promptly share all-hazards information with the

20150SB0035PN0341 - 77 -

agency and other Commonwealth agencies in accordance with

standards and all-hazards information guidance issued and

the all-hazards information plan developed by the agency

and consistent with the statutory responsibilities of the

agencies providing and receiving the information.

(ii) Cooperate in and facilitate the collection and

validation of the information and the production of

reports based on the information with contents and

formats that permit dissemination that maximizes the

utility of the information in protecting the territory,

citizens and interests of this Commonwealth.

(iii) Facilitate implementation of the all-hazards

information plan developed by the agency.

(3) A private entity that becomes aware of all-hazards

information or threats that may impact the health, safety and

welfare of the citizens of this Commonwealth shall do all of

the following:

(i) Promptly share the information with the agency

and appropriate law enforcement organizations in

accordance with all-hazards information standards and

guidance issued.

(ii) Cooperate in and facilitate the collection and

validation of the information and the production of

reports based on the information.

(4) Documents , information or other materials received

by the agency or law enforcement organizations under

paragraph (3)(i) shall be subject to section 7715 (relating

to confidentiality) and other Federal or State law protecting

proprietary information or trade secrets and the release or

use of the information .

20150SB0035PN0341 - 78 -

§ 7702. Acceptance of services, gifts, grants and loans.

(a) General rule.--Whenever any person or the Federal

Government or any Federal agency or officer offers to the

Commonwealth or, through the Commonwealth, to any political

subdivision or school district, services, equipment, supplies,

materials or funds by way of gift, grant or loan for purposes of

[disaster] emergency services, the Commonwealth, acting through

the Governor, or the political subdivision or school district,

acting with the consent of the Governor and through its chief

elected executive officer or governing body, may accept the

offer and upon acceptance the Governor or chief elected

executive officer or governing body of the political subdivision

may authorize any officer of the Commonwealth or of the

political subdivision or school district, as the case may be, to

receive the services, equipment, supplies, materials or funds on

behalf of the Commonwealth or political subdivision or school

district subject to the terms of the offer and the rules and

regulations, if any, of the agency or person making the offer.

[(b) Property of Commonwealth.--All equipment, supplies and

materials referred to in subsection (a) shall, when accepted by

the Commonwealth, be treated as the property of the Commonwealth

and shall be subject to the relevant provisions of the act of

April 9, 1929 (P.L.177, No.175), known as "The Administrative

Code of 1929," unless the General Assembly directs otherwise by

statute.]

(1) Except as set forth under paragraph (2), the

Commonwealth may indemnify or hold harmless and save the

United States free from damages arising from a response to

the Commonwealth's request for direct Federal assistance

20150SB0035PN0341 - 79 -

pursuant to the Stafford Act.

(2) Paragraph (1) does not apply to claims that are the

result of gross negligence, wanton or reckless acts or

intentional misconduct.

(3) The General Assembly, under 1 Pa.C.S. § 2310

(relating to sovereign immunity reaffirmed; specific waiver),

waives sovereign immunity as a bar to a claim against a

Commonwealth agency brought by the United States under

paragraph (1) only to the extent provided under this

subsection.

§ 7703. Interstate arrangements.

(a) General rule.--Upon finding that a vulnerable area lies

only partly within this Commonwealth and includes territory in

another state or states or territory in a foreign jurisdiction

and that it would be desirable to establish an interstate

relationship, mutual aid or an area organization for disaster

emergency services, the Governor shall take steps to that end as

desirable.

(b) Negotiation and status of agreements.--If this action is

taken with jurisdictions that have enacted the Interstate Civil

Defense and Disaster Compact or the Emergency Management

Assistance Compact, any resulting agreement or agreements may be

considered supplemental agreements pursuant to [Article 6 of

that compact] those compacts. If the other jurisdiction or

jurisdictions with which the Governor proposes to cooperate

pursuant to subsection (a) have not enacted [that] the relevant

compact, the Governor may negotiate special agreements with the

jurisdiction or jurisdictions.

sufficient authority for the making thereof does not otherwise

20150SB0035PN0341 - 80 -

exist, becomes effective only after its text has been

communicated to the General Assembly and provided that neither

House of the General Assembly has disapproved it by adjournment

of the next ensuing session competent to consider it or within

30 days of its submission, whichever is longer.

§ 7704. Immunity from civil liability.

(a) General rule.--Neither the Commonwealth, nor any

Commonwealth agency, nor any political subdivision [thereof nor

other agencies] nor, except in cases of willful misconduct, the

agents, employees or representatives of any of them engaged in

any emergency services activities, nor, except in cases of

willful misconduct or gross negligence, any individual or other

person under contract with them to provide equipment or work on

a cost basis to be used in disaster relief, nor, except in cases

of willful misconduct or gross negligence, any person, firm,

corporation or an agent or employee of any of them engaged in

[disaster] emergency services activities, while complying with

or attempting to comply with this part or any rule or regulation

promulgated pursuant to the provisions of this part, shall be

liable for the death of or any injury to persons or loss or

damage to property as a result of that activity.

(b) Real estate owners.--Any person[, organization] or

authority owning or controlling real estate or other premises,

who voluntarily and without compensation[,] grants a license or

privilege or otherwise permits the designation or use of the

whole or any part or parts of the real estate or premises for

any emergency services purpose, shall, together with his

successors in interest, if any, not be civilly liable for

negligently causing the death of or injury to or loss or damage

to the property of any person who is upon the real estate or

20150SB0035PN0341 - 81 -

other premises for that purpose.

the right of any person to receive benefits to which he would

otherwise be entitled under this part or under the [workmen's

compensation laws] act of June 2, 1915 (P.L.736, No.338), known

as the Workers' Compensation Act, or under any pension law, nor

the right of any person to receive any benefits or compensation

under any Federal law.

(d) Effect on other immunities.--The immunity provided in

this section does not supersede and is in addition to other

immunities provided by law.

§ 7705. Special powers of [local agencies] political

subdivisions.

(a) Roadway clearance.--Whenever the Governor shall have

proclaimed a disaster emergency under section 7301(c) (relating

to [declaration of disaster emergency)] general authority of

Governor ) , officials of any political subdivision included in

the disaster emergency shall have the authority to clear such

roadways as are necessary for the health, safety and welfare of

residents, even though such roadways are not officially the

responsibility of such political subdivision. The political

subdivision may be reimbursed for the cost of such clearing as

provided in subsection (c).

(b) Water systems.--Whenever the Governor shall have

proclaimed a disaster emergency under section 7301(c) and in the

event that a water system owned or operated by a political

subdivision or municipal authority is damaged, destroyed or made

inoperable as a direct result of such disaster emergency, the

political subdivision or municipal authority shall have the

authority to lease or hire such personnel and equipment as may

20150SB0035PN0341 - 82 -

be needed to effect restoration of such water system. The

political subdivision or municipal authority may be reimbursed

for the cost of such restoration as provided in [subsection

(c).] section 1508(b) of the act of April 9, 1929 (P.L.343,

No.176), known as The Fiscal Code.

(d) Limitations.--Reimbursements pursuant to [subsection

(c)] section 1508(b) of The Fiscal Code shall not be made to the

extent that the Commonwealth, a political subdivision or a

municipal authority may be eligible for assistance from the

Federal Government.

§ 7706. [Compensation for accidental injury] Workers'

compensation.

(a) Benefits.--[All duly enrolled emergency management

volunteers, and such other volunteers as the agency shall by

regulation qualify, who are not eligible to receive benefits

under the Workmen's Compensation Laws shall be entitled, except

during a state of war or period of armed conflict within the

continental limits of the United States, to the following

benefits relating to injuries sustained while actually engaged

in emergency management activities and services or in or en

route to and from emergency management tests, drills, exercises

or operations authorized by the Pennsylvania Emergency

Management Agency and carried out in accordance with rules and

orders promulgated and adopted by the agency:

(1) A sum of $20,000 for accidental injury directly

causing or leading to death.

(2) A sum not exceeding $15,000 for reimbursement for

medical and hospital expenses associated with accidental

injury.

(3) Weekly payments of $200, not to exceed six months in

20150SB0035PN0341 - 83 -

duration, beginning on the eighth day of disability directly

arising from accidental injury rendering the individual

totally incapable of following his normal gainful pursuits.]

Volunteers who are members of the Commonwealth emergency

management program, a county emergency management program or a

local emergency management program are deemed to be employees of

the Commonwealth or of the county or municipality by whose

program they are deployed for purposes of the act of June 2,

1915 (P.L.736, No.338) , known as the Workers' Compensation Act,

when engaging in or performing the following activities:

(1) Deployment by the applicable emergency management

official and participation in emergency services activities.

(2) Going to or returning from an emergency or disaster

emergency that the program members have been deployed.

(3) Scheduled training, exercise or related official

functions designated and authorized by the applicable

emergency management official.

[(b) Source of funds.--All benefits hereby authorized shall

be paid out of funds appropriated to the agency. Payments shall

be made on the basis of claims submitted to the agency through

the Department of Labor and Industry in accordance with rules

and orders promulgated and adopted by the agency.]

wage compensation under the Workers' Compensation Act, there

shall be an irrebuttable presumption that the wages shall be at

least equal to the Statewide average weekly wage.

(d) Applicability.--The provisions of this section shall not

apply to the extent that the volunteer is otherwise covered for

workers' compensation purposes under an existing policy,

agreement, contract or law.

20150SB0035PN0341 - 84 -

(e) Construction.--The provisions of this section shall not

supersede Chapter 76 (relating to emergency management

assistance compact).

§ 7707. Penalties.

(a) General rule.--The chief elected executive official of a

political subdivision may order or direct only the resources

within the official's given authority. Any person [violating any

of the plans and programs adopted and promulgated by the

Pennsylvania Emergency Management Council shall, upon conviction

thereof in a summary proceeding, be sentenced] subject to the

authority of:

(1) the Governor or his designee who fails to comply

with an order or direction from the Governor or his designee;

(2) a chief elected executive official who fails to

comply with an order or direction from the chief elected

executive official;

(3) the agency who fails to comply with an order or

direction from the agency; or

(4) a county or local emergency management program in

compliance with this part, other than Chapter 83 (relating to

public health emergency measures), who fails to comply with

an order or direction from that county or local emergency

program commits a violation of this part.

(a.1) Penalty.--A violation of this section shall constitute

a summary offense and the person convicted of the violation

shall be sentenced:

(1) to pay a fine not exceeding [$200] $500 or to

imprisonment not exceeding 30 days, or both, for the first

offense[,]; and

(2) to pay a fine not exceeding [$500] $1,000 or

20150SB0035PN0341 - 85 -

imprisonment not exceeding 90 days, or both, for each

subsequent offense.

(b) Loss of funds.--[Those political subdivisions in

violation of section 7501 (relating to general authority of

political subdivisions), section 7502 (relating to local

coordinator of emergency management), section 7503 (relating to

powers and duties of political subdivisions) or section 7504

(relating to coordination, assistance and mutual aid) shall, at

the direction of the council, be subject to loss of Federal

personnel and administrative funding for the remainder of the

fiscal year in which conviction is established. Reinstatement of

Federal personnel and administrative funding shall take place

the year following approval of remedial action to the

violation.] A grantee who fails to comply with a provision of

this part may, at the agency's discretion, be subject to the

loss of grant funding administered by the agency.

Section 11. Title 35 is amended by adding sections to read:

§ 7714. Authority of Federal law enforcement officers.

(a) Authorization.--A Federal law enforcement officer whose

assistance has been requested under section 7301(f)(9) (relating

to general authority of Governor) and is working in cooperation

with State and local law enforcement officers during a disaster

emergency declared by the Governor under section 7301(c) shall

be empowered to act as a peace officer for the arrest, with or

without a warrant, of offenders against the laws of this

Commonwealth if the officer believes that a felony or

misdemeanor has been or is about to be committed or attempted in

the officer's presence.

(b) Operational control.--Federal law enforcement officers

working in cooperation with State and local law enforcement

20150SB0035PN0341 - 86 -

officers during a disaster emergency declared by the Governor

shall come under the operational control of the Pennsylvania

State Police or as otherwise directed by the Governor.

under this section shall have the same immunities from liability

as any agent or employee of the Commonwealth under 42 Pa.C.S.

Ch. 85 (relating to matters affecting government units).

§ 7715. Confidentiality.

(a) Right-to-Know Law exemption.--The following shall be

exempt from access under the act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law:

(1) Information in a form relating to preparedness and

emergency management activities of the Commonwealth or a

political subdivision, school district or council of

governments that if disclosed would be reasonably likely to

jeopardize or threaten public safety or preparedness or

public protection activity.

(2) Information in a form received by the agency or a

law enforcement organization under section 7701(i) (relating

to duties concerning disaster preparedness and emergency

management).

(3) Other information in a form produced, compiled or

maintained under this part and not otherwise exempt from

access under this section or the Right-to-Know Law, the

disclosure of which could, in the determination of the

director, endanger the life or physical safety of an

individual or the physical safety of property in this

Commonwealth.

(b) Open meetings exception.--Meetings of the council, a

county emergency management program, a local emergency

20150SB0035PN0341 - 87 -

management program or a task force or response team organized in

accordance with this part, relating to preparedness and

emergency management, shall not be subject to the provisions of

65 Pa.C.S. Ch. 7 (relating to open meetings).

§ 7716. Adverse interests.

A Commonwealth or local official or employee may serve in a

leadership role in a nonprofit entity, notwithstanding the act

of July 19, 1957 (P.L.1017, No.451) , known as the State Adverse

Interest Act, as long as the official or employee when acting in

a Commonwealth or local government capacity recuses himself from

official duties or decisions that pertain to the nonprofit

entity.

Section 12. Title 35 is amended by adding chapters to read:

CHAPTER 83

PUBLIC HEALTH EMERGENCY MEASURES

Sec.

8301. Definitions.

8302. Public health and medical emergency coordination.

8303. Temporary isolation or quarantine without notice.

8304. Continued isolation or quarantine.

8305. Miscellaneous.

§ 8301. 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:

"Quarantine subject." The subject of an order under section

8303(a)(1) (relating to temporary isolation or quarantine

without notice). The term includes an individual or group

subject to either isolation or quarantine.

§ 8302. Public health and medical emergency coordination.

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(a) Secretary of Health.--

(1) During preparation for or response to a disaster or

disaster emergency resulting in or potentially resulting in a

significant public health threat with or without medical

consequences, the Secretary of Health shall have primary

jurisdiction, responsibility and authority for the public

health and medical services capabilities of Commonwealth

agency emergency services, including the dispensing of

medication.

(2) Commonwealth agencies shall conduct public health

and medical assessment, mitigation, preparedness, response

and recovery activities in accordance with direction provided

by the Secretary of Health. The Secretary of Health shall

coordinate with the agency to the extent necessary.

(b) Department of Health.--The Department of Health shall

provide technical guidance, advice and assistance, as

appropriate, to county emergency management programs, local

emergency management programs and local health departments to

carry out their responsibility to prepare emergency plans or

components of emergency plans and to execute public health and

medical assessment, mitigation, preparedness, response and

recovery activities in their jurisdiction.

§ 8303. Temporary isolation or quarantine without notice.

(a) Temporary isolation or quarantine.--

(1) In the case of an all-hazards emergency, the

Governor, in consultation with the Secretary of Health,

through a written order to prevent or limit the transmission

of a contagious or potentially contagious disease, infection

or hazardous agent, may temporarily isolate or quarantine:

(i) one or more identified individuals; or

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(ii) one or more groups whose individual members are

identified by past or present location or other

characteristic that would place them at risk for

transmitting a contagious or potentially contagious

disease, infection or hazardous agent. Identifying

characteristics for the individual members of such a

group may include, but not be limited to:

(A) Being or having been present in or at an

identified geographic area, address, structure, event

or mode of transport, during a specified period of

time.

(B) Being or having been in contact with an

identified individual during a specified period of

time.

consumed an item during a specified period of time

that has been identified as transmitting or

potentially transmitting a contagious or potentially

contagious disease, infection or hazardous agent.

(D) Having or having had a specified employer,

workplace or job function during a specified period

of time.

(E) Having or having had a specified name,

address or other personal identifier where these are

known.

(2) This subsection may not be construed to require a

declaration of disaster emergency by the Governor in order to

be effective.

(b) Order of isolation or quarantine.--The written order of

isolation or quarantine must include all of the following:

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(1) The identity of each quarantine subject by name or

other appropriate identifying information, including, but not

limited to, identifying characteristics that make individuals

part of a group subject to isolation or quarantine.

(2) The name and address, or other appropriate

identifying information, of the facility or other location to

which the quarantine subject will be isolated or quarantined.

Quarantine subjects may be isolated or quarantined within

specified geographic areas, structures or modes of transport.

(3) The date and time that the isolation or quarantine

will begin.

(4) The disease, infection or hazardous agent in

question, if known.

(5) A statement that quarantine subjects are entitled to

representation by legal counsel at all stages of the

proceedings.

(6) A copy of this section and relevant definitions

under this part.

(1) The Department of Health, or the local health

department if the quarantine subject is within the

jurisdiction of a local health department, shall deliver a

copy of the written order to the appropriate law enforcement

organization. Delivery may be effected by any appropriate

means, including electronic transmission.

(2) The law enforcement organization shall immediately,

without the need for a warrant, take the quarantine subject

to the facility or other location specified in the order, if

properly equipped and trained to do so, or ensure that there

is no ingress or egress from the place of isolation or

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quarantine, as appropriate. The law enforcement organization

may take measures as appropriate under the circumstances to

enforce the order against the quarantine subject.

(3) A copy of the written order shall be provided to the

quarantine subject. If it is impractical to provide a copy of

the written order to each quarantine subject, the law

enforcement organization shall communicate the order in any

other manner reasonably likely under the circumstances to

reach the quarantine subjects.

(4) The Department of Health, or the local health

department if the quarantine subject is within the

jurisdiction of a local health department, shall provide or

assist in providing proper training and equipment to the law

enforcement organization as needed to enable it to safely

carry out its duties under this section.

§ 8304. Continued isolation or quarantine.

(a) Continued isolation or quarantine.--If a determination

is made to continue the isolation or quarantine commenced under

section 8303 (relating to temporary isolation or quarantine

without notice), the Department of Health or local health

department, depending upon whose jurisdiction the quarantine

subject is within, shall within 24 hours following the issuance

by the Governor of the written order under section 7902(a)

(relating to legislative purpose) file a petition with a court

of competent jurisdiction for a hearing to authorize the

continued isolation or quarantine. All of the following shall

apply:

(1) The court shall hold a hearing on the petition not

more than 72 hours after the filing of the petition to

determine whether continued isolation or quarantine is

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warranted.

(2) Reasonable notice, either oral or written, stating

the time, place and purpose of the hearing shall be given to

the quarantine subject.

(3) The hearing shall be held in camera, or with other

appropriate safeguards, to protect the identity of the

quarantine subject.

(4) The quarantine subject has the right to be present,

cross-examine witnesses and present testimony. If a party

cannot personally appear before the court due to the nature

of the disease, infection or hazardous agent, the court may

determine how the hearing shall occur, including through the

use of closed-circuit television.

(5) If the number of individuals in a group quarantine

subject is too numerous to allow for individual hearings

within the 72-hour time frame or it is not possible to hold

individual hearings because not every member of the group can

be individually identified within the 72-hour time frame, the

court may determine that the interests of the group may be

represented by an authorized representative, which may be

appointed by the court.

(6) The Department of Health or local health department

must show by a preponderance of the evidence that continued

isolation or quarantine is warranted.

(7) A quarantine subject is entitled to representation

by legal counsel at all stages of any proceedings under this

section. If the quarantine subject is without financial

resources or is otherwise unable to employ counsel, the court

shall provide counsel for the quarantine subject.

(b) Continuation warranted.--If the court determines

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continued isolation or quarantine is warranted, the court shall

so order the continued isolation or quarantine and shall fix the

time and duration of the isolation or quarantine.

§ 8305. Miscellaneous.

(a) Care of individuals during isolation or quarantine.--

(1) If the order of isolation or quarantine issued under

section 8303 (relating to temporary isolation or quarantine

without notice) is issued with respect to individuals under

the jurisdiction of a local health department, the county or

municipality where the local health department operates shall

assure, at its expense, that the individuals are provided

with adequate and safe food, water and shelter and with

appropriate medical care for the duration of the isolation or

quarantine.

(2) If the order of isolation or quarantine issued under

section 8303 is issued with respect to individuals not under

the jurisdiction of a local health department, the

Commonwealth shall assure, at its expense, that the

individuals are provided with adequate and safe food, water

and shelter and with appropriate medical care for the

duration of the isolation or quarantine.

(b) Relation to other laws.--Nothing in this chapter shall

be construed to limit the existing authority of the Secretary of

Health, the Department of Health or a local health department.

impose a civil penalty on a person who fails to comply with an

order issued by the Governor under this chapter. The penalty

shall be no more than $1,000 for the first offense, $2,000 for

the second offense and $5,000 for each subsequent offense.

(d) Emergency administration or dispensing of drugs or other

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pharmaceuticals.--When the Governor has declared a disaster

emergency or when the Secretary of Health determines that it is

necessary to protect the health and safety of the public, the

Secretary of Health or designee may authorize a person to

administer vaccines or dispense or administer drugs. The

following apply:

(1) (i) The authorization shall be in writing and shall

state the vaccines or drugs to be administered or

dispensed, the categories of persons included in the

authorization, additional training required before a

person may perform vaccine administration or drug

dispensing or administration, supervision required for

performance of the vaccine administration or drug

dispensing or administration, and the duration of the

authorization.

(ii) The Secretary of Health or designee may in

writing extend the scope and duration of the

authorization as the situation warrants.

(iii) In addition to the civil immunity afforded in

Chapter 77 (relating to miscellaneous provisions) and

other applicable immunities, a person authorized by the

Secretary of Health under this section may not be subject

to professional discipline, administrative penalty or

other administrative sanction or criminal liability for

good faith performance of the vaccine administration or

drug dispensing or administration duties performed in

accordance with this section.

(2) (i) When the Governor has declared a disaster

emergency or when the Secretary of Health determines that

it is necessary to protect the health and safety of the

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public, the Secretary of Health or designee may in

writing authorize drugs to be dispensed to an individual

to give to family members or others who have authorized

the individual to receive the drugs on their behalf.

(ii) Persons dispensing drugs shall only provide the

drugs for family members or others for whom complete

information as required by the Department of Health has

been presented, and who are determined, based on that

information, to meet the criteria for dispensing as

established or adopted by the Department of Health.

(iii) A minor who appears able to understand and

carry out the responsibilities enumerated in this section

may receive the drugs.

CHAPTER 85

UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS

Sec.

8501. Short title of chapter.

8502. Definitions.

8503. Applicability to volunteer health practitioners.

8504. Regulation of services during emergency.

8505. Volunteer health practitioner registration systems.

8506. Recognition of volunteer health practitioners licensed in

other states.

8507. No effect on credentialing and privileging.

8508. Provision of volunteer health or veterinary services;

administrative sanctions.

8509. Relation to other laws.

8510. Regulatory authority.

8511. Limitations on civil liability.

8512. Workers' compensation coverage.

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8513. Uniformity of application and construction.

§ 8501. Short title of chapter.

This chapter shall be known and may be cited as the Uniform

Emergency Volunteer Health Practitioners Act.

§ 8502. 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:

"Declaration of disaster emergency." A declaration of

emergency issued by a person authorized to do so under the laws

of this Commonwealth.

" Department. " The Department of Health of the Commonwealth.

" Disaster relief organization. " An entity that provides

emergency or disaster relief services that include health or

veterinary services provided by volunteer health practitioners

and that:

(1) is designated or recognized as a provider of those

services pursuant to a disaster response and recovery plan

adopted by an agency of the Federal Government or the

Pennsylvania Emergency Management Agency; or

(2) regularly plans and conducts its activities in

coordination with an agency of the Federal Government or the

Pennsylvania Emergency Management Agency.

" Emergency. " An event or condition that is a disaster or

disaster emergency.

" Emergency Management Assistance Compact. " The interstate

compact approved by Congress by Public Law 104-321, 110 Stat.

3877 and set forth in section 7601 (relating to compact

enacted).

" Entity. " A person other than an individual.

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" Health facility. " An entity licensed under the laws of this

Commonwealth or another state to provide health or veterinary

services.

" Health practitioner. " An individual licensed under the laws

of this Commonwealth or another state to provide health or

veterinary services.

" Health services. " The provision of treatment, care, advice

or guidance, of other services or of supplies, related to the

health or death of individuals or human populations, to the

extent necessary to respond to an emergency, including:

(1) the following, concerning the physical or mental

condition or functional status of an individual or affecting

the structure or function of the body:

(i) preventive, diagnostic, therapeutic,

rehabilitative, maintenance or palliative care; and

(ii) counseling, assessment, procedures or other

services;

(2) sale or dispensing of a drug, a device, equipment or

another item to an individual in accordance with a

prescription; and

(3) funeral, cremation, cemetery or other mortuary

services.

" Host entity. " An entity operating in this Commonwealth

which uses volunteer health practitioners to respond to an

emergency.

" License. " Authorization by a state to engage in health or

veterinary services that are unlawful without the authorization.

The term includes authorization under the laws of this

Commonwealth to an individual to provide health or veterinary

services based upon a national certification issued by a public

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or private entity.

" Person. " An individual, corporation, business trust, trust,

partnership, limited liability company, association, joint

venture, public corporation, government or governmental

subdivision, agency or instrumentality or any other legal or

commercial entity.

" Scope of practice. " The extent of the authorization to

provide health or veterinary services granted to a health

practitioner by a license issued to the health practitioner in

the state in which the principal part of the health

practitioner's services are rendered, including any conditions

imposed by the licensing authority.

" State. " A state of the United States, the District of

Columbia, Puerto Rico, the Virgin Islands or any territory or

insular possession subject to the jurisdiction of the United

States.

" Veterinary services. " The provision of treatment, care,

advice or guidance or other services or of supplies, related to

the health or death of an animal or to animal populations, to

the extent necessary to respond to an emergency, including:

(1) diagnosis, treatment or prevention of an animal

disease, injury or other physical or mental condition by the

prescription, administration or dispensing of vaccine,

medicine, surgery or therapy;

(2) use of a procedure for reproductive management; and

(3) monitoring and treatment of animal populations for

diseases that have spread or demonstrate the potential to

spread to humans.

" Volunteer health practitioner. " A health practitioner who

provides health or veterinary services, whether or not the

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health practitioner receives compensation for those services.

The term does not include a health practitioner who receives

compensation pursuant to a preexisting employment relationship

with a host entity or affiliate which requires the health

practitioner to provide health services in this Commonwealth,

unless the health practitioner is not a resident of this

Commonwealth and is employed by a disaster relief organization

providing services in this Commonwealth while an emergency

declaration is in effect.

§ 8503. Applicability to volunteer health practitioners.

This chapter applies to volunteer health practitioners

registered with a registration system that complies with section

8505 (relating to volunteer health practitioner registration

systems) and who provide health or veterinary services in this

Commonwealth for a host entity while an emergency declaration is

in effect.

§ 8504. Regulation of services during emergency.

(a) Authorization.--When an emergency declaration is in

effect, the agency or the department may issue an order to

limit, restrict or otherwise regulate:

(1) the duration of practice by volunteer health

practitioners;

(2) the geographical areas in which volunteer health

practitioners may practice;

(3) the types of volunteer health practitioners who may

practice;

(4) whether and to what extent volunteer health or

veterinary services may be provided by host entities

specifically or in general; and

(5) any other matters necessary to coordinate

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effectively the provision of health or veterinary services

during the emergency.

(b) Procedure.--An order issued under subsection (a) may

take effect immediately, without prior notice or comment, and is

not a regulation within the meaning of:

(1) the act of July 31, 1968 (P.L.769, No.240) , referred

to as the Commonwealth Documents Law;

(2) the act of October 15, 1980 (P.L.950, No.164) , known

as the Commonwealth Attorneys Act; or

(3) the act of June 25, 1982 (P.L.633, No.181) , known as

the Regulatory Review Act.

practitioners to provide health or veterinary services in this

Commonwealth shall:

(1) consult and coordinate its activities with the

agency and the department to the extent practicable to

provide for the efficient and effective use of volunteer

health practitioners; and

(2) comply with any law other than this chapter relating

to the management of emergency health or veterinary services.

§ 8505. Volunteer health practitioner registration systems.

(a) Qualifications.--To qualify as a volunteer health

practitioner registration system, a system must:

(1) accept applications for the registration of

volunteer health practitioners before or during an emergency;

(2) include information about the licensure and good

standing of volunteer health practitioners which is

accessible by authorized persons;

(3) be capable of confirming the accuracy of information

concerning whether a health practitioner is licensed and in

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good standing before health services or veterinary services

are provided under this chapter; and

(4) meet one of the following conditions:

(i) be an emergency system for advance registration

of volunteer health practitioners established by a state

and funded through the Health Resources Services

Administration under section 319I of the Public Health

Service Act ( 58 Stat. 682, 42 U.S.C. § 247 d-7b), such as

the State Emergency Registry for Volunteers in

Pennsylvania (SERVPA);

(ii) be a local unit consisting of trained and

equipped emergency response, public health and medical

personnel formed pursuant to section 2801 of the Public

Health Service Act ( 42 U.S.C. § 300 hh);

(iii) be operated by a:

(A) disaster relief organization;

(B) licensing board;

licensing boards or health practitioners;

(D) health facility that provides comprehensive

inpatient and outpatient health care services,

including a tertiary care and teaching hospital; or

(E) governmental entity; or

(iv) be designated by the agency as a registration

system for purposes of this chapter.

(b) Confirmation.--When an emergency declaration is in

effect, the agency, the department, a person authorized to act

on behalf of the agency or a host entity may confirm whether

volunteer health practitioners utilized in this Commonwealth are

registered with a registration system that complies with

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subsection (a). Confirmation is limited to obtaining identities

of the volunteer health practitioners from the system and

determining whether the system indicates that they are licensed

and in good standing.

authorized under subsection (b) or a similarly authorized person

in another state, a registration system located in this

Commonwealth shall notify the person of the identities of

volunteer health practitioners and whether they are licensed and

in good standing.

(d) Effect.--A host entity is not required to use the

services of a volunteer health practitioner even if the health

practitioner is registered with a registration system that

indicates that the health practitioner is licensed and in good

standing.

§ 8506. Recognition of volunteer health practitioners licensed

in other states.

(a) Practice allowed.--When an emergency declaration is in

effect, a volunteer health practitioner, registered with a

registration system that complies with section 8505 (relating to

volunteer health practitioner registration systems) and licensed

and in good standing in the state upon which the health

practitioner's registration is based, may practice in this

Commonwealth to the extent authorized by this chapter as if the

health practitioner were licensed in this Commonwealth.

(b) Exception.--A volunteer health practitioner qualified

under subsection (a) is not entitled to the protections of this

chapter if the health practitioner is licensed in more than one

state and any license of the health practitioner:

(1) is suspended, revoked or subject to an agency order

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limiting or restricting practice privileges; or

(2) has been voluntarily terminated under threat of

sanction.

§ 8507. No effect on credentialing and privileging.

(a) General rule.--This chapter does not affect

credentialing or privileging standards of a health facility and

does not preclude a health facility from waiving or modifying

those standards while an emergency declaration is in effect.

(b) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

" Credentialing. " Obtaining, verifying and assessing the

qualifications of a health practitioner to provide treatment,

care or services in or for a health facility.

" Privileging. " The authorizing by an appropriate authority,

such as a governing body, of a health practitioner to provide

specific treatment, care or services at a health facility

subject to limits based on factors that include license,

education, training, experience, competence, health status and

specialized skill.

§ 8508. Provision of volunteer health or veterinary services;

administrative sanctions.

(a) Scope of practice.--Subject to subsections (b) and (c),

a volunteer health practitioner shall adhere to the scope of

practice for a similarly licensed health practitioner

established by the licensing provisions, practice acts or other

laws of this Commonwealth.

(b) Outside scope of practice.--Except as otherwise provided

in subsection (c), this chapter does not authorize a volunteer

health practitioner to provide services that are outside the

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health practitioner's scope of practice, even if a similarly

licensed health practitioner in this Commonwealth would be

permitted to provide the services.

restrict the health or veterinary services that volunteer health

practitioners may provide pursuant to this chapter. An order

under this subsection may take effect immediately, without prior

notice or comment, and is not a regulation within the meaning

of:

(1) the act of July 31, 1968 (P.L.769, No.240) , referred

to as the Commonwealth Documents Law;

(2) the act of October 15, 1980 (P.L.950, No.164) , known

as the Commonwealth Attorneys Act; or

(3) the act of June 25, 1982 (P.L.633, No.181) , known as

the Regulatory Review Act.

(d) Host entity authority.--A host entity may restrict the

health or veterinary services that a volunteer health

practitioner may provide pursuant to this chapter.

(e) Unauthorized practice defined.--A volunteer health

practitioner does not engage in unauthorized practice unless the

practitioner has reason to know of any limitation, modification

or restriction under this section or that a similarly licensed

health practitioner in this Commonwealth would not be permitted

to provide the services. A volunteer health practitioner has

reason to know of a limitation, modification or restriction or

that a similarly licensed health practitioner in this

Commonwealth would not be permitted to provide a service if:

(1) the health practitioner knows the limitation,

modification or restriction exists or that a similarly

licensed health practitioner in this Commonwealth would not

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be permitted to provide the service; or

(2) from all the facts and circumstances known to the

health practitioner at the relevant time, a reasonable person

would conclude that the limitation, modification or

restriction exists or that a similarly licensed health

practitioner in this Commonwealth would not be permitted to

provide the service.

(f) Licensing boards.--In addition to the authority granted

by laws of this Commonwealth other than this chapter to regulate

the conduct of health practitioners, a licensing board or other

disciplinary authority in this Commonwealth:

(1) may impose administrative sanctions upon a health

practitioner licensed in this Commonwealth for conduct

outside of this Commonwealth in response to an out-of-State

emergency;

(2) may impose administrative sanctions upon a health

practitioner not licensed in this Commonwealth for conduct in

this Commonwealth in response to an in-State emergency; and

(3) shall report any administrative sanctions imposed

upon a health practitioner licensed in another state to the

appropriate licensing board or other disciplinary authority

in any other state in which the health practitioner is known

to be licensed.

(g) Discretion of licensing boards.--In determining whether

to impose administrative sanctions under subsection (f), a

licensing board or other disciplinary authority shall consider

the circumstances in which the conduct took place, including any

exigent circumstances, and the health practitioner's scope of

practice, education, training, experience and specialized skill.

§ 8509. Relation to other laws.

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(a) Emergency Management Assistance Compact.--This chapter

does not limit rights, privileges or immunities provided to

volunteer health practitioners by laws other than this chapter.

Except as otherwise provided in subsection (b), this chapter

does not affect requirements for the use of health practitioners

pursuant to the Emergency Management Assistance Compact.

(b) Emergency forces.--The agency, pursuant to the Emergency

Management Assistance Compact, may incorporate into the

emergency forces of this Commonwealth volunteer health

practitioners who are not officers or employees of this

Commonwealth or a political subdivision.

§ 8510. Regulatory authority.

The agency and the department may promulgate regulations to

implement this chapter. In doing so, the agency and the

department shall consider regulations promulgated by similarly

empowered agencies in other states to promote uniformity of

application of this chapter and make the emergency response

systems in the various states reasonably compatible.

§ 8511. Limitations on civil liability.

(a) Immunity.--A volunteer health practitioner or host

entity that is not an agent of the Commonwealth, a Commonwealth

agency, a political subdivision or a local agency and that

provides health services or veterinary services in compliance

with this chapter is not subject to civil liability, for the

death or bodily injury of an individual or for loss or damage to

property, arising out of an act or omission of the practitioner

in providing those services to the same extent as an individual

engaged in disaster services activities under section 7704

(relating to immunity from civil liability).

(b) Information.--A person that, pursuant to this chapter ,

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operates, uses or relies upon information provided by a

volunteer health practitioner registration system under section

85 05 (relating to volunteer health practitioner registration

systems) is not liable for damages for an act or omission

relating to that operation, use or reliance unless the act or

omission is an intentional tort or is willful misconduct or

wanton, grossly negligent, reckless or criminal conduct.

protections provided in subsection (a), a volunteer health

practitioner providing health or veterinary services pursuant to

this chapter is entitled to all the rights, privileges or

immunities provided by law.

§ 8512. Workers' compensation coverage.

(a) Status of volunteer health practitioners.--A volunteer

health practitioner who provides health services pursuant to

this chapter and who is not otherwise eligible for benefits for

injury or death under the act of June 2, 1915 (P.L.736, No.338),

known as the Workers' Compensation Act, or the act of June 21,

1939 (P.L.566, No.284), known as The Pennsylvania Occupational

Disease Act, or under the workers' compensation or occupational

disease law of another state may be eligible to receive benefits

under section 7706 (relating to compensation for accidental

injury).

(b) Administration.--The Department of Labor and Industry

may promulgate regulations, enter into agreements with other

states or take other measures to facilitate the receipt of

benefits for injury or death under the Workers' Compensation Act

or The Pennsylvania Occupational Disease Act by volunteer health

practitioners who reside in other states and may waive or modify

requirements for filing, processing and paying claims that

20150SB0035PN0341 - 108 -

unreasonably burden the volunteer health practitioners. To

promote uniformity of application of this chapter with other

states that enact similar legislation, the Department of Labor

and Industry shall consult with and consider the approaches to

filing, processing and paying claims taken by agencies with

similar authority in other states.

§ 8513. Uniformity of application and construction.

In applying and construing this chapter, consideration must

be given to the need to promote uniformity of the law with

respect to its subject matter among states that enact it.

Section 13. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 35

Pa.C.S. Ch. 75 Subch. C and Ch. 83.

(2) The act of December 16, 2002 (P.L.1967, No.227),

known as the Counterterrorism Planning, Preparedness and

Response Act, is repealed.

Section 14. This act shall apply as follows:

(1) The addition of 35 Pa.C.S. § 8511 shall apply to

causes of action which arise on or after the effective date

of this paragraph.

(2) The addition of 35 Pa.C.S. § 8512 shall apply to

claims for injuries which occur on or after the effective

date of this paragraph.

Section 15. This act shall take effect immediately.

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