Regular Session 2017-2018 House Bill 1218 P.N. 1446

PRINTER'S NO. 1446

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1218

Session of

2017

INTRODUCED BY BARRAR, SAINATO, D. COSTA, GILLEN, O'NEILL,

ORTITAY, READSHAW, SACCONE, SAYLOR, WARD AND ZIMMERMAN,

APRIL 17, 2017

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, APRIL 17, 2017

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, as follows:

In 911 emergency communication services, further

providing for telecommunications management.

In general provisions, further providing for definitions

and for purposes of part.

In Commonwealth services:

further providing for general authority of Governor,

for temporary housing, for debris and wreckage removal,

for community disaster loans, for individual and family

assistance and for grants for hazard mitigation;

providing for use and appropriation of unused

Commonwealth funds;

establishing the Disaster Emergency Fund;

further providing for laws suspended during emergency

assignments;

providing for deployment protections and for penalty

for false application;

further providing for organization, for powers and

duties, for utilization of existing services and

facilities, for radiological emergency response

preparedness, planning and recovery program and for

definitions; and

establishing the Statewide Public Safety

Communications and Interoperability Advisory Committee.

In local organizations and services:

further providing for general authority of political

subdivisions, for local coordinator of emergency

management, for powers and duties of political

subdivisions, for coordination, assistance and mutual

aid, for appropriations by political subdivisions, for

law applicable to local organizations, for agreements

among political subdivisions, for payments involving

single political subdivisions and for payments involving

multiple subdivisions; and

providing for regional all-hazards preparedness and

emergency management.

In Emergency Management Assistance Compact:

providing for protections.

In miscellaneous provisions:

further providing for duties concerning disaster

prevention, for acceptance of services, gifts, grants and

loans, for interstate arrangements, for immunity from

civil liability, for special powers of local agencies,

for compensation for accidental injury and for penalties;

and

providing for replacement of volunteer service, for

authority of Federal law enforcement officers, for

confidentiality and for adverse interests.

Making an editorial change.

Making a repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The heading of Title 35 of the Pennsylvania

Consolidated Statutes is amended to read:

TITLE 35

[HEALTH AND] PUBLIC SAFETY

Section 1.1. Section 5303(b)(4) of Title 35 is amended by

adding a clause to read:

§ 5303. Telecommunications management.

* * *

(b) Establishment of 911 board.--There is established a

board within the agency to be known as the 911 board.

The board shall be comprised of the following:

* * *

(4) A representative from the following Statewide

associations, who shall serve as nonvoting members:

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* * *

(xvii) The Ambulance Association of Pennsylvania.

* * *

Section 2. Sections 7102, 7103, 7301, 7302, 7303, 7304, 7305

and 7305.1 of Title 35 are 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, critical infrastructure or

property.

"All-hazards information." Information describing the

dangers that can threaten or harm individuals, the environment,

critical infrastructure 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.

"Committee." The advisory committee established under

Subchapter G of Chapter 73 (relating to Statewide Public Safety

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Communications and Interoperability Advisory Committee).

"Commonwealth agency" or "State 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 which performs

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 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 Commonwealth

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Emergency Operations Plan, the State Hazard Mitigation Plan and

all appropriate State-level strategic and operational plans and

programs that address all hazards, disaster-related mitigation,

preparedness, protection, prevention, response and recovery.

"Commonwealth emergency operations plan." A document

prepared by the Pennsylvania Emergency Management Agency that

meets all of the following:

(1) Is approved and signed by the Governor.

(2) Is consistent with Federal requirements.

(3) Assigns responsibility to appropriate Commonwealth

agencies for carrying out specific actions in a disaster

emergency.

(4) Provide s criteria such as lines of authority,

response actions and coord ination requirements.

"Commonwealth Response Coordination Center" or "CRCC." The

Commonwealth's principal facility which provides response and

recovery support during disasters and emergencies to local

political subdivisions throughout the State.

"Commonwealth Watch and Warning Center" or "CWWC." The

Commonwealth's principal 24-hour, seven-day-a-week watch and

warning center.

"Computer-aided design" or "CAD." A database maintained by

the emergency management program used in aggregation with a

public safety answering point operating system.

"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 53 Pa.C.S. Ch.

23 Subch. A (relating to intergovernmental cooperation).

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"County emergency management program." An emergency

management and preparedness program established and maintained

by a county under section 7501 (relating to general authority of

county and local 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 and 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 daily living, health, safety or welfare.

"Director." The director of the Pennsylvania Emergency

Management Agency.

"Disability." An individual's physical, mental, sensory,

cognitive or emotional impairment or some combination of the

impairments that substantially limits one or more of the major

life activities.

"Disaster." [A man-made disaster, natural disaster or war-

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caused disaster.] An event that has a large-scale adverse effect

on individuals, the environment, critical infrastructure or

property.

"Disaster emergency." [Those conditions which may by

investigation made, be found, actually or likely, to] A hazard

condition that may:

(1) affect seriously the safety, health or welfare of a

substantial number of [citizens of this Commonwealth]

individuals 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 an individual, the environment,

critical infrastructure or property.

"Emergency action plan." A document prepared by a dependent

care facility or large event planner, as provided under section

7701(h) (relating to duties concerning disaster preparedness and

emergency management), or other entity as required by statute or

regulation to develop or maintain an emergency preparedness

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capability or 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,

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 criteria such as 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

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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 political subdivisions,

nongovernmental organizations, nonprofit organizations or the

Commonwealth.

(2) Capabilities of regional task forces and other

response organizations as specifically provided for under

this part.

"Federal emergency." An emergency as defined in section

102(1) of the Stafford Act.

"Federal law enforcement officer." A law enforcement officer

who meets all of the following:

(1) Is employed by the United States.

(2) Is authorized to effect an arrest for a violation of

the United States Code.

(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 economic impact

of the disaster to and the potential for loss of life, property,

critical infrastructure and the environment.

"Hazardous agent." A substance which has or potentially has

an adverse effect on human health with public health

consequences.

"Homeland security." A concerted national effort to prevent

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and disrupt terrorist attacks, protect against all hazards and

respond to and recover from incidents that occur.

"Incident." An event or condition which constitutes an

actual or imminent threat to public health and safety, public or

private property or the economic well-being of the community.

"Incident command system." A standardized on-scene emergency

management construct that is consistent with the National

Incident Management System.

"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, State or

regional guidelines which 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.

"Joint information center." A facility established to

coordinate incident-related public information activities and be

the central point of contact for news media.

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"Key resources." Publicly or privately controlled resources

essential for the minimum maintenance of critical infrastructure

and the operation of the government.

"Law enforcement sensitive information." Unclassified

information originated by a law enforcement agency which 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 which

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." A condition declared by a

political subdivision 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 political subdivision 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

occurrence of a disaster is or threatens to be of sufficient

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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 political subdivision under section 7501 (relating to

general authority of county and local emergency management

programs).

["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

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 a disaster emergency

that may be implemented prior to, during or after a disaster

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emergency.

"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" or "NIMS." A system

that provides a consistent nationwide approach for Federal,

State, local and tribal governments, the private sector and

nongovernmental and nonprofit organizations to work effectively

and efficiently together to prepare for, prevent, protect

against, respond to and recover from disaster emergencies,

regardless of cause, size or complexity. The term includes any

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, regional, local, tribal and private sector security

partners or any successor program and that sets national

priorities, goals and requirements for effective distribution of

funding and resources to ensure that the government, critical

infrastructure and public services continue in the event of a

disaster emergency.

"National Response Framework." A policy developed by the

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 any successor policy adopted by the Federal Government.

["Natural disaster." Any hurricane, tornado, storm, flood,

high water, wind-driven water, tidal wave, earthquake,

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landslide, mudslide, snowstorm, drought, fire, explosion or

other catastrophe which results in substantial damage to

property, hardship, suffering or possible loss of life.]

"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,]

partnership, limited liability company, business trust,

government entity, including the Commonwealth, its

instrumentalities and political subdivisions, foundation, public

or private utility, trust[,] or estate.[, public or private

institution, group, the Commonwealth or a local agency or

political subdivision and any legal successor, representative or

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agency of the foregoing.]

"Political subdivision." [Any] A county, city, borough,

incorporated town or township.

"Premise alert system." A computer-aided dispatch database

safety program of individuals with a disability or special needs

maintained by an emergency management program or public safety

answering point.

"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 disaster emergencies involving all

levels of government, private sector, nongovernmental and

nonprofit organizations to identify threats, determine

vulnerabilities and identify required resources.

"President." The President of the United States.

"Prevention." Actions to avoid a disaster emergency or to

intervene to stop one from occurring.

"Protection." Actions to reduce or eliminate adverse effects

to life, property, the environment or critical infrastructure.

"Public safety answering point" or "PSAP." As defined in

section 5302 (relating to definitions).

"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

nonprofit 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

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persons.

(4) Implement additional measures and techniques, as

feasible.

(5) Evaluate the incident to identify lessons learned.

(6) Develop initiatives to mitigate the effects of

future disaster emergencies.

"Regional." Pertaining to regional task forces.

"Regional task force." A cooperative effort organized among

Federal, State, regional, county, council of governments and

local 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." An activity that addresses 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.

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"Review and accept." The process by which the Pennsylvania

Emergency Management Agency, county emergency management 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.

"Special needs." An individual who requires assistance who

has or who is at increased risk of a chronic physical,

developmental, behavioral, emotional, mental or cognitive

condition and who also requires health and related services

beyond the common individual.

"Specialized regional response team." A complement of

individuals established by a regional task force and organized

in accordance with NIMS.

"Specialized Statewide response team." A complement of

individuals organized by the Commonwealth in accordance with

NIMS 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

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"SERVPA." An Internet-based system developed and maintained by

the Commonwealth allowing for the advance and real-time

registration of volunteers for deployment during disaster

emergencies.

"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 emergency.

"Statewide Communication Interoperability Plan" or "SCIP." A

Statewide plan that is locally driven and involves

multijurisdictional and multidisciplinary planning to enhance

emergency communications that are uniform and enhance

interoperable communications for public safety and for officials

at all levels of government.

"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 a disaster emergency 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 in which 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

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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

or biological means, or other weapons or overt paramilitary

actions, or other conditions such as sabotage.]

§ 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

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Commonwealth and its political subdivisions participate.

(7) Provide a disaster management system embodying all

aspects of predisaster preparedness and postdisaster

response.

(8) Assist in prevention of disaster caused or

aggravated by inadequate planning for and regulation of

public and private facilities and land use.

(9) Supplement, without in any way limiting, authority

conferred by previous statutes of this Commonwealth and

increase the capability of the Commonwealth and local

agencies having responsibilities for civil defense to perform

both civil defense and disaster services.

(10) Further the operational capacities of Commonwealth

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.

§ 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

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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

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

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the circumstances attendant upon the disaster prevent or

impede, shall be promptly filed with the [Pennsylvania

Emergency Management Agency] agency and the Legislative

Reference Bureau for publication under [Part II of Title 45]

45 Pa.C.S. Pt. II (relating to publication and effectiveness

of Commonwealth documents).

(d) Activation of disaster response.--An executive order or

proclamation of a state of 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

20170HB1218PN1446 - 22 -

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] Prior to, during and following the

expiration of a declaration of a disaster emergency, utilize

all available resources of the Commonwealth [Government] and

each political subdivision [of this Commonwealth] as

reasonably necessary to cope with [the] or mitigate the

effects of a disaster emergency or potential disaster

emergency.

(3) Transfer the direction, personnel or functions of

Commonwealth agencies or units thereof for the purpose of

performing or facilitating emergency services.

(4) Subject to any applicable requirements for

compensation under section 7313(10) (relating to powers and

duties), commandeer or utilize any private, public or quasi-

public property if necessary to cope with the disaster

emergency.

(5) Direct and compel the evacuation of all or part of

the population from any stricken or threatened area within

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

20170HB1218PN1446 - 23 -

transportation of alcoholic beverages, firearms, explosives

and combustibles.

(9) Confer the power of arrest on the law enforcement

personnel serving as part of the emergency forces of a party

state during operations in this Commonwealth pursuant to a

declaration of a disaster emergency under subsection (c). Law

enforcement personnel shall be under the operational control

of the Commissioner of Pennsylvania State Police and shall

comply with the terms and conditions of the Emergency

Management Assistance Compact under Chapter 76 (relating to

Emergency Management Assistance Compact). Arrest powers

granted under this paragraph shall expire when the

declaration of a disaster emergency is terminated by

executive order, proclamation or operation of law, if the

arrest powers have not previously been terminated.

(10) Request assistance of Federal law enforcement while

a declaration of a disaster emergency is in effect to the

Federal Government to assist in enforcing the laws of this

Commonwealth.

§ 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.], nonprofit

20170HB1218PN1446 - 24 -

organization or nongovernmental organization authorized under

a Federal or State declared disaster emergency.

(2) To assist any political subdivision [of this

Commonwealth], authorized nonprofit organization or

nongovernmental organization which is the locus of temporary

housing for disaster victims to acquire sites necessary for

such temporary housing and to do all things required to

prepare such sites to receive and utilize temporary housing

units by:

(i) advancing or lending funds available to the

Governor from any appropriation made by the General

Assembly or from any other source;

(ii) "passing through" funds made available by any

agency, public or private; or

(iii) becoming a copartner with the political

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] A

20170HB1218PN1446 - 25 -

political subdivision [of this Commonwealth], authorized

nonprofit organization or nongovernmental 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

20170HB1218PN1446 - 26 -

wreckage from publicly or privately owned land or water.

(b) Authority of Commonwealth personnel.--Whenever the

Governor provides for clearance of debris or wreckage pursuant

to subsection (a), employees of the designated Commonwealth

agencies or individuals appointed by the Commonwealth are

authorized to enter upon private land or waters and perform any

tasks necessary to the removal or clearance operation.

[(c) Nonliability of Commonwealth personnel.--Except in

cases of willful misconduct, gross negligence or bad faith, any

Commonwealth employee or agent complying with and performing

duties pursuant to orders of the Governor under this section

shall not be liable for death of or injury to persons or damage

to property.]

§ 7304. Community disaster loans.

Whenever, at the request of the Governor, the President has

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

20170HB1218PN1446 - 27 -

in which the major disaster or emergency occurs.

(3) After review, recommend to the Federal Government

the cancellation of all or any part of repayment when, in the

first three full fiscal-year periods following the major

disaster, the revenues of the political subdivision are

insufficient to meet its operating expenses, including

additional disaster-related expenses [of a municipal

operation character].

§ 7305. Individual and family assistance.

(a) Grants by Federal Government.--Whenever the President,

at the request of the Governor, has declared a major disaster or

emergency to exist in this Commonwealth, the Governor is

authorized:

(1) Upon determining that assistance under [The Robert

T. Stafford Disaster Relief and Emergency Assistance Act

(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.

20170HB1218PN1446 - 28 -

(b) Grants by Governor.--To implement subsection (a), the

Governor is authorized to make grants to meet disaster-related

necessary expenses or serious needs of individuals or families

adversely affected by a major disaster or emergency declared by

the President. Any grant shall not exceed the amount authorized

by [The Robert T. Stafford Disaster Relief and Emergency

Assistance Act] the Stafford Act or by applicable State law to

an individual or family in any single major disaster or

emergency.

[(c) Penalty for false application.--Any person who

fraudulently or willfully makes a misstatement of fact in

connection with an application for assistance under this section

shall be guilty of a misdemeanor of the third degree.]

§ 7305.1. Grants for public assistance and hazard mitigation.

(a) Commonwealth participation in public assistance and

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

20170HB1218PN1446 - 29 -

Sp.Sess., P.L.1791, No.8), known as the Special Session Flood

Control and Hazard Mitigation Itemization Act of 1996, and the

act of July 11, 1996 (2nd Sp.Sess., P.L.1826, No.9), known as

the Special Session Flood Relief Act, are deemed to be hazard

mitigation projects for the purposes of hazard mitigation

funding to the extent that such projects qualify under [The

Robert T. Stafford Disaster Relief and Emergency Assistance Act

(Public Law 93-288, 88 Stat. 143).] the Stafford Act.

funds available under subsection (a) from a political

subdivision that does not have in effect a current emergency

operations or hazard mitigation plan as required under this

part.

Section 3. Title 35 is amended by adding sections 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,

notwithstanding whether the Governor has not declared a disaster

emergency or whether a declaration of disaster emergency has

expired, the Governor may transfer any unused funds which may

have been appropriated for the ordinary expenses of the

Commonwealth in the General Fund to the 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 approved by the Governor.

(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 any one

year, except by action of the General Assembly.

20170HB1218PN1446 - 30 -

§ 7307.2. Disaster Emergency Fund.

(a) Establishment.--A nonlapsing, restricted account is

established within the State Treasury to be known as the

Disaster Emergency Fund. Money appropriated, deposited or

transferred to the fund, including interest earned on money in

the fund, shall be restricted and nonlapsing.

(b) Use of fund money.--Money in the fund shall be used to

assist with emergencies or nonfederally declared disasters in

accordance with standards and guidelines set by the agency and

published in the Pennsylvania Bulletin.

Section 4. Section 7308(a) of Title 35 is amended to read:

§ 7308. Laws suspended during emergency assignments.

(a) Commonwealth agencies.--In the case of a declaration of

a [state of] disaster emergency by the Governor, Commonwealth

agencies may implement their emergency assignments without

regard to procedures required by other laws [(except mandatory

constitutional requirements)], except constitutional

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 5. Title 35 is amended by adding sections to read:

§ 7309. Deployment protections.

(a) General rule.--An individual temporarily deployed by the

Commonwealth or providing equipment for the purpose of emergency

services activities in response to a mutual aid request by the

agency shall be deemed an employee of the Commonwealth and

granted immunity in accordance with subsection (b).

(b) Exception.--Except for willful misconduct or gross

20170HB1218PN1446 - 31 -

negligence, an individual temporarily deployed by the

Commonwealth or providing equipment for the purpose of emergency

services activities shall not be liable for the death or injury

to an individual or for damage to or loss of property as a

result of that activity. Immunity, rights or privileges shall

not be granted to an individual under this section unless

deployed by the Commonwealth in accordance with subsection (c).

Commonwealth shall be limited to the agency. The agency shall

promulgate, adopt and enforce standards, directives, orders,

rules and regulations as may be deemed necessary to carry out

the provisions of this section.

§ 7310. 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 6. Sections 7312, 7313, 7314, 7320 and 7332 of Title

35 are amended to read:

§ 7312. [Organization.] Pennsylvania Emergency Management

Council.

[This agency shall consist of and be organized substantially

as follows:

(a) Council.--Primary responsibility for overall policy and

direction of a Statewide civil defense and disaster program and

response capability of the type hereinafter prescribed shall be

vested in a body legally known as the Pennsylvania Emergency

Management Council, which] (a) Establishment.--

20170HB1218PN1446 - 32 -

(1) The Pennsylvania Emergency Management Council is

established within the agency.

(2) (i) The council shall be composed of the following

voting members: 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, the

director of the Bureau of Emergency Medical Services or

any of their designees, and the Speaker of the House of

Representatives, the President pro tempore of the Senate,

the Minority Leader of the Senate and the Minority Leader

of the House of Representatives or their designees. [The

Speaker of the House of Representatives, President pro

tempore of the Senate, Minority Leader of the Senate and

Minority Leader of the House of Representatives may

authorize a member of their respective Houses of the

General Assembly to serve in their stead.]

(ii) The Governor may authorize up to two

representatives of business and industry, up to two

20170HB1218PN1446 - 33 -

representatives of labor, [up to two public members at

large] one representative from the American Red Cross and

the Arc ???? of Pennsylvania, respectively, 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 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, hospital, pharmaceutical, 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

20170HB1218PN1446 - 34 -

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

20170HB1218PN1446 - 35 -

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,

20170HB1218PN1446 - 36 -

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 levels. 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. The standards shall include

nationally recognized accreditation programs for county

and local emergency management programs, Commonwealth

emergency management certification programs and

qualification standards for appointed emergency

management coordinators.

(ii) [Commonwealth] State, regional and local

[disaster] emergency management responsibilities.

(iii) Assistance to Commonwealth agencies, [local

20170HB1218PN1446 - 37 -

government officials, schools and custodial child]

regional task forces, political subdivisions, dependent

care facilities [in designing emergency management plans

and training programs], school districts and the private

sector in developing their systems of emergency

management and preparedness.

(iv) Organization of manpower[,] and chains of

command[, continuity of government] in emergency

situations and emergency operational principles.

(v) Coordination of Federal, [Commonwealth] State,

regional and local [disaster] preparedness and emergency

management activities.

(vi) Coordination of the Commonwealth [Emergency

Management Plan with the disaster plans of the Federal

Government and those of other states] emergency

operations plan.

(vii) Assistance to the Commonwealth [and local

governments], regional task forces, school districts,

political subdivisions and private or nonprofit entities

in obtaining, utilizing and managing Federal and

[Commonwealth] State disaster assistance.

(viii) Supply to appropriate [Commonwealth] State

and local officials and regional task forces State

catalogs of Federal, [Commonwealth] State and private

assistance programs.

(ix) [Identification of areas particularly

vulnerable to disasters.] Accreditation programs for

county and local emergency management programs,

Commonwealth emergency management certification programs

and qualification standards for appointed emergency

20170HB1218PN1446 - 38 -

management coordinators.

(x) Recommendations for zoning, building and other

land-use controls; safety measures pertaining to

nonpermanent or semipermanent structures; resource

conservation and allocation; and other preventive and

preparedness measures designed to eliminate or reduce

disasters or their impact.

(xi) Authorization and procedures for the erection

or other construction of temporary works designed to

protect against or mitigate danger, damage or loss from

flood, conflagration or other disaster[.] in coordination

with the Department of Environmental Protection.

(1.1) Maintain and keep current the Commonwealth

emergency operations and hazard mitigation plans and any

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 Response Coordination Center and a Commonwealth

Watch and Warning Center with a consolidated Statewide system

of warning and provide a system of disaster communications

integrated with those of Federal[, Commonwealth and local]

agencies, Commonwealth agencies, regional task forces and

political subdivisions involved in disaster emergency

operations.

(3) [To promulgate] Promulgate, adopt and enforce such

rules, regulations, standards, directives and orders as may

be deemed necessary to carry out the provisions of this part.

(4) [To provide] Provide standards, technical guidance,

advice and assistance to Commonwealth agencies, political

20170HB1218PN1446 - 39 -

subdivisions, [schools and custodial child care facilities]

regional task forces, school districts and dependent care

facilities in the preparation of disaster emergency

[management] plans or components thereof [and to periodically

review such plans and suggest or require revisions].

(5) [To establish] Establish and operate, or assist

[political subdivisions] county and 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 and 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] support 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.

20170HB1218PN1446 - 40 -

(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

emergency management.

(9) [To make] Make or request of Commonwealth [or local

agencies and officials] agencies, county and 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] Provide and administer grant

programs [to political subdivisions for disaster management.]

made available in accordance with this chapter or other

applicable Federal or State law.

(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

20170HB1218PN1446 - 41 -

(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

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] public 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

security and defense funds, 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

20170HB1218PN1446 - 42 -

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.] Purchase equipment, materials and

supplies on behalf of regional task forces, specialized task

forces, county emergency management programs or local

emergency programs in support of preparation, response,

mitigation or recovery activities to the extent that funds

are available or appropriated for that purpose.

(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.

20170HB1218PN1446 - 43 -

(21) [To require] Require hydroelectric generating

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.

(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.

(23) Establish and maintain a Statewide incident

reporting program and methodology for all-hazards

information. All Commonwealth agencies, county emergency

management programs, 911 systems and other entities required

to provide all-hazards information to the agency under this

part and other State law shall contribute all-hazards

information to the system.

(24) 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.

(25) 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

20170HB1218PN1446 - 44 -

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

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

20170HB1218PN1446 - 45 -

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 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.

[(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

20170HB1218PN1446 - 46 -

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 any 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] assisting 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

[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

20170HB1218PN1446 - 47 -

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

applicable Federal and State radiation protection safety

laws.

(18) [Providing] Coordinating redundant communications'

capability between the agency's headquarters and each

[nuclear 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

20170HB1218PN1446 - 48 -

to carry out its responsibilities under subsections (a) and (b).

§ 7332. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

["Agency." The Pennsylvania Emergency Management Agency.]

"Committee." The Intrastate Mutual Aid Committee.

["Dedicated emergency response organization." Any entity

organized, chartered or incorporated in this Commonwealth or

chartered by the Congress of the United States for the primary

purpose of providing emergency services. The term shall include

volunteer, career and combination organizations.]

"Emergency responder." An individual in the public or

private sector who has special skills, qualifications, training,

knowledge or experience, whether or not the person possesses a

license, certificate, permit or other official recognition for

the skills, qualifications, training, knowledge or experience,

that would benefit a participating political subdivision in

responding to an authorized mutual aid request or participating

in an authorized drill or exercise. The term shall include a law

enforcement officer, a firefighter, an emergency medical

services worker, a physician, nurse, pharmacist, health care

practitioner or other public health worker, an emergency

management official, a coroner or medical examiner, a State-

certified hazardous materials team member, a public works

worker, a building inspector, an architect, an engineer or other

design professional or a person with specialized equipment

operations skills or training or with any other skills needed to

provide aid in a declared emergency.

["Incident." Any event or condition which constitutes an

20170HB1218PN1446 - 49 -

actual or imminent threat to public health and safety, public or

private property or the economic well-being of the community.

"Incident commander." The individual responsible for all

incident-related activities, including the development of

strategies and tactics and the ordering and releasing of

resources as provided under the National Incident Management

System.

"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 an affected community

to respond.

"National Incident Management System." The National Incident

Management System established by the United States Department of

Homeland Security.]

"Participating political subdivision." A political

subdivision that has not opted out of the intrastate mutual aid

system.

["Political subdivision." Any county, city, borough,

incorporated town or township. The term shall include any

council of governments established among any of the above.]

"Requesting political subdivision." A participating

political subdivision that requests assistance under this

subchapter.

"Responding political subdivision." A participating

political subdivision that responds to a request for assistance

under this subchapter.

"System." The intrastate mutual aid system.

Section 7. Chapter 73 of Title 35 is amended by adding a

subchapter to read:

20170HB1218PN1446 - 50 -

SUBCHAPTER G

STATEWIDE PUBLIC SAFETY COMMUNICATIONS

AND INTEROPERABILITY ADVISORY COMMITTEE

Sec.

7391. Definitions.

7392. Establishment of committee.

7393. Composition.

7394. Designee.

7395. Appointments.

7396. Quorum.

7397. Meetings.

7398. Compensation.

7399. Roles and responsibilities.

§ 7391. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Committee." The Statewide Public Safety Communications and

Interoperability Advisory Committee.

§ 7392. Establishment of committee.

There is established a committee within the agency to be

known as the Statewide Public Safety Communications and

Interoperability Advisory Committee.

§ 7393. Composition.

The committee shall be comprised of the following:

(1) The following State agencies or officials:

(i) The director of the agency, who shall act as

chairperson.

(ii) The State 911 coordinator.

(iii) The Commissioner of Pennsylvania State Police

20170HB1218PN1446 - 51 -

or a designee of the PA-FirstNet Program.

(iv) A representative from the Governor's Office of

Administration.

(v) The Secretary of Community and Economic

Development.

(vi) A representative from the Office of the State

Fire Commissioner.

(vii) The chairman of the State Geospatial

Coordinating Board.

(viii) A representative from the Pennsylvania Public

Utility Commission.

(ix) The Secretary of Health.

(2) One member appointed by each of the following:

(i) The President pro tempore of the Senate.

(ii) The Minority Leader of the Senate.

(iii) The Speaker of the House of Representatives.

(iv) The Minority Leader of the House of

Representatives.

(3) A representative from the following Statewide

associations:

(i) The Association of Public-Safety Communications

Officials.

(ii) The Pennsylvania Chapter of the National

Emergency Number Association.

(iii) The Keystone Emergency Management Association.

(iv) The Pennsylvania Wireless Association.

(v) The Pennsylvania Telephone Association.

(vi) The Broadband Cable Association of

Pennsylvania.

(vii) The County Commissioner's Association of

20170HB1218PN1446 - 52 -

Pennsylvania.

(viii) The Pennsylvania Municipal League.

(ix) The Pennsylvania State Association of Boroughs.

(x) The Pennsylvania State Association of Township

Supervisors.

(xi) The Pennsylvania State Association of Township

Commissioners.

(xii) The Pennsylvania Chiefs of Police Association.

(xiii) The Fraternal Order of Police.

(xiv) The Pennsylvania Professional Fire Fighters

Association.

(xv) The Firemen's Association of the State of

Pennsylvania.

(xvi) The Pennsylvania Emergency Health Services

Council.

§ 7394. Designee.

A member of the committee may appoint a designee who must be

an employee of the same agency or organization to attend

meetings.

§ 7395. Appointments.

(a) Recommendations.--The Governor shall appoint the

committee members upon the recommendations provided by the

organizations listed under section 7393(3) (relating to

composition).

(b) Terms.--Members under section 7393(2) shall serve two-

year terms.

60 days of the effective date of this subsection and may remove

an appointed member for cause upon written notice to the

committee.

20170HB1218PN1446 - 53 -

§ 7396. Quorum.

Fourteen members of the committee shall constitute a quorum.

§ 7397. Meetings.

The committee shall meet at least quarterly and may meet at

the call of the chairperson. All meetings of the committee shall

be conducted in accordance with 65 Pa.C.S. Ch. 7 (relating to

open meetings).

§ 7398. Compensation.

The members of the board shall serve without compensation but

shall be reimbursed for their actual and necessary travel and

other expenses in connection with attendance at meetings called

by the chairperson.

§ 7399. Roles and responsibilities.

The advisory committee shall:

(1) Advise the agency and the Governor and shall be a

central intergovernmental and interdisciplinary body for

interoperable communications planning and implementation to

mitigate the challenges of interoperable communications for

public safety and emergency communications.

(2) Advise the agency on ways to ensure effective and

efficient interoperable communications among public safety

and emergency response agencies at all levels of government

to support the development, implementation and maintenance of

the Commonwealth's SCIP.

(3) Promote the ability to establish and sustain

emergency communications in support of mission operations.

(4) Promote emergency communications capabilities among

jurisdictions, disciplines and levels of government, across

frequency bands and technologies, in real time.

(5) Facilitate and assist the agency with the ability of

20170HB1218PN1446 - 54 -

emergency response agencies in maintaining communications in

the event of damage to or destruction of the primary

infrastructure.

(6) Advise the agency on providing for the development

and maintenance of the Commonwealth's SCIP.

(7) Promote and assist the agency in the establishment

of communications interoperability agreements among

jurisdictions.

(8) Review State, county and local emergency

communications grant applications in accordance with Federal

grant guidelines to ensure consistency with the Statewide

plan.

(9) Promote the development of policies, standards and

procedures for interoperable communications.

(10) Develop for the agency an interoperability outreach

plan to ensure awareness of Federal and State policies,

programs, standards and initiatives for interoperable

emergency communications.

(11) Measure and provide to the agency progress

communications interoperability against the goals and

standards in the Commonwealth's SCIP to ensure that the

decisions of the committee are guided by accurate assessment

of progress.

(12) Provide assistance to the 911 board upon request

and make available information relating to 911 communications

that the committee may have to assist the 911 board with

carrying out its duties.

Section 8. Sections 7501, 7502, 7503, 7504, 7511, 7512,

7513, 7514 and 7515 of Title 35 are amended to read:

§ 7501. General authority of [political subdivisions] county

20170HB1218PN1446 - 55 -

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 and, in

addition, shall conduct such services outside of its

jurisdictional limits as may be required under this part.] No

later than two years from the effective date of this subsection,

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.

(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 appropriate, finds that the threat or

danger has passed or the disaster has been dealt with to the

extent that emergency conditions no longer exist.

20170HB1218PN1446 - 56 -

(3) A declared disaster emergency shall not be

[continued or] 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) Each executive order or proclamation 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) Any order or proclamation declaring, continuing or

terminating a local disaster emergency must be given prompt

and general publicity and must 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

20170HB1218PN1446 - 57 -

or chief elected executive 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

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,"] Civil Service Act, in connection with the employment of

personnel in [local organizations] a county and 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 an emergency management program under 53

Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

cooperation) and in conformance with standards established by

the agency.

20170HB1218PN1446 - 58 -

§ 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 and 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 governing body. The duties of and

continuing education and certification standards for a

coordinator or any individual that seeks to be certified by the

Commonwealth at any level or emergency management shall be

prescribed by the agency. In addition to the qualifications

under this section, the agency shall prescribe other

qualifications for the appointment of coordinators as it deems

necessary.

(a.1) Certification refusal.--The agency may refuse to

certify an individual as an emergency manager for incompetence,

dishonesty or commitment of a felony or an offense involving

moral turpitude under Federal, State or local laws or

ordinances.

(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

20170HB1218PN1446 - 59 -

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 within 90 days of a

vacancy.

(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

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 governing body of a political subdivision shall

appoint a coordinator and provide written notice to its

respective county within 30 days following an appointment.

20170HB1218PN1446 - 60 -

(2) A temporary or acting coordinator shall be appointed

by the chief elected executive officer of a political

subdivision, 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

elected government official of a political subdivision 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) An appointing authority may remove a

coordinator for incompetence, dishonesty or commitment of

a felony or an offense involving moral turpitude under

Federal, State or local laws or ordinances.

(ii) The governing body of a political subdivision

may remove a county or local coordinator who fails to

comply with the provisions of this title or for any

reason.

(iii) A county or local coordinator or an individual

that has been certified by the Commonwealth as an

emergency manager may be removed or decertified by the

agency for failure to meet agency-prescribed training and

certification standards.

20170HB1218PN1446 - 61 -

(3) This subsection shall not be construed to limit a

political subdivision's ability to remove a local coordinator

for reasons not specified under this title.

(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 within 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 within 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

local coordinators on the basis of prior experience and

training.]

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

20170HB1218PN1446 - 62 -

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 political subdivision 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 and

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

Pennsylvania Emergency Management Plan] plans as provided for

under this title.

(2) Establish, equip and staff an emergency operations

center, consolidated with warning and communication systems

20170HB1218PN1446 - 63 -

to support government operations in emergencies and provide

other essential facilities and equipment for agencies and

activities assigned emergency functions in accordance with

this title.

(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

agency or by the Federal Government.

(11) Participate in the program of integrated flood

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

20170HB1218PN1446 - 64 -

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 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 NIMS

compliance activities.

(5) Assisting political subdivisions within the county

in NIMS where feasible.

(6) Following reporting protocols established by the

agency.

(7) Developing and implementing county plans, policies

and procedures that are current with Commonwealth directives,

requirements, plans and templates.

(8) Preparing and maintaining a county hazard

vulnerability analysis that incorporates all locally

identified hazards.

(9) Assisting political subdivisions with planning

activities within the county where feasible.

(10) Providing training to staff of local emergency

management programs and municipalities within the county.

(11) Maintaining training records for coordinators

20170HB1218PN1446 - 65 -

within the county who have received training from the agency.

(12) Submitting certification documentation to the

agency for county staff and staff of political subdivisions

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 PSAPs in accordance with

applicable State law.

(ii) Establishing and managing a county emergency

operations center using NIMS.

(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 Homeland Security Exercise and Evaluation Program or

its successor program.

(16) Assisting in planning for continuity of political

subdivisions and operations 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 local elected officials on

20170HB1218PN1446 - 66 -

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 emergency action and operations plans

developed by a political subdivision, dependent care

facilities and other public entities located within the

county which 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.

(24) Coordinating the development and maintenance of a

countywide animal rescue capability consistent with standards

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.

(25) Incorporating premise alert system information

provided to the county into a PSAP database to be available

for dispatch during emergencies if necessary.

(26) Developing, maintaining and managing information

received from a premise alert system form into a county

20170HB1218PN1446 - 67 -

emergency management plan.

(27) Updating information provided every two years or

upon notice that premise alert system information has

changed.

subdivision 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 provided for

under this title which shall include, but not be limited to, the

following:

(1) Coordinating resource management to ensure that

appropriate political subdivision 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 political subdivision

resources.

(3) Providing updated resource management information to

the county emergency management program where the political

subdivision is located and to the PSAP upon request.

(4) Coordinating the political subdivision's NIMS

compliance activities.

(5) Following reporting protocols established by the

county emergency management program where the PSAP and the

political subdivision are located.

(6) Developing and implementing local plans, policies

and procedures in consultation with law enforcement, fire and

emergency personnel and medical service providers that are

consistent with the requirements of this title.

(7) Preparing and maintaining a local hazard

20170HB1218PN1446 - 68 -

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 a local emergency operations center

in compliance with NIMS.

(ii) Coordinating and cooperating with the county

emergency management program where the political

subdivision is located and other relevant organizations

and entities for interoperable emergency communications.

(10) Participating in a political subdivision's

continuity and operations planning.

(11) Coordinating the delivery of citizen education

programs by the political subdivision and supplementing

materials as necessary.

(12) Coordinating the delivery of awareness and

education programs by the political subdivision for local

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 local officials in matters related to

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disaster preparedness and emergency management.

(17) Reviewing emergency management plans and programs

developed by school districts, dependent care facilities and

other public entities located within the political

subdivision 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 political subdivision is located on or before

September 1 of each year describing the status of the plans

reviewed under this paragraph.

(18) Developing and implementing a premise alert system

to be utilized by citizens of a political subdivision to

voluntarily submit premise alert forms containing personal

information to be used in emergency situations.

(19) Sharing premise alert forms and information with

the political subdivision's corresponding PSAP and

incorporating the information received into the local

emergency management plan.

(20) Updating premise alert information every two years

upon notice that information has changed.

(21) Coordinating and sharing premise alert information

with appropriate law enforcement agencies to forward to the

911 system.

§ 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

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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 and provisions of

resources.

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

coordinators of emergency management shall develop mutual aid

agreements with adjacent political subdivisions for reciprocal

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

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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

such appropriation may be made.

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

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the payment of bills and claims against the local

[organization] or 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] and county

emergency management programs.

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

[organization] or county emergency management program is

coterminous with the political subdivision making an

appropriation for the payment of the expenses, the local

[organization] or 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] or county emergency

management program has jurisdiction in an area including all

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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 or county emergency

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

any expenses of the [organization] local or county emergency

management program, enter into an agreement designating one

of the political subdivisions as the agent of each of them

for the purpose of paying the expenses of the local

[organization.] or county emergency management program .

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

(i) Specify the proportionate share of the expenses

of the [organization] local or 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

political subdivision and each political subdivision

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 or county emergency management

program, as the case may be.

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

emergency management program has jurisdiction in an area

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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 or county emergency management program,

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

within the jurisdiction of the [organization] local or 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 or 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] or county emergency management

program, after first being approved by the local

[organization] or 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

20170HB1218PN1446 - 75 -

issued without the approval.

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

to the local [organization] or 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 or 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] or 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 or 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

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

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 or county

emergency management program and shall be available for the

payment of future expenses of the [organization] local or

county emergency management program, as the case may be,

20170HB1218PN1446 - 77 -

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] or 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 or 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.

7521. Regional task forces.

20170HB1218PN1446 - 78 -

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 care practitioners,

pharmacists, 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 following:

(i) The county coordinator from each county or other

county official appointed by the county within the task

force region.

(ii) One member from each of the following emergency

management communities, to be chosen in a manner

determined by the regional task force:

(A) Health services.

(B) Law enforcement.

20170HB1218PN1446 - 79 -

(D) Emergency medical services.

(2) Each regional task force shall determine, by

majority vote of the executive board, for purposes of

contract and grant administration, its designation as either:

(i) a single entity contract and grant

administrator; or

(ii) a multiple entity contract and grant

administrator.

following apply to a regional task force with a designation as a

single entity contract and grant administrator:

(1) 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).

(2) The regional task force executive board shall

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, and, as such,

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.

(3) An intergovernmental cooperation agreement fully

executed by the governing bodies of member counties must be

received by the agency prior to the release of contract or

grant funds to the designated agent member county.

(d) Multiple entity contract and grant administrator.--The

20170HB1218PN1446 - 80 -

following apply to a regional task force with a designation as a

multiple entity contract and grant administrator:

(1) The agency shall enter into contracts and grant

agreements with each of the operational task force member

counties individually. Each task force member county shall be

responsible for administering any funds or grants it receives

or expenses it incurs. Each individual member county shall be

responsible for the laws governing the making of contracts or

purchases, the employment of persons or otherwise incurring

financial obligation individual to it.

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

the member counties must organize their regional task force

as a council of governments pursuant to 53 Pa.C.S. Ch. 23

Subch. A.

(e) Agency authority.--The agency has the authority to enter

into contract and grant agreements with qualified entities other

than single or multiple entity contract and grant administrators

to the extent permitted by Federal law, regulations and

guidance.

(f) Plans.--Each regional task force, notwithstanding

designation, shall coordinate and develop a regional plan that

addresses national, State and regional priorities and national

preparedness goals that encompasses the comprising counties in

accordance with subsection (d) and guidelines developed by the

agency. The agency shall review each plan in a timely manner,

but not 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.

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

regional task, notwithstanding designation, shall include the

20170HB1218PN1446 - 81 -

following:

(1) To develop and maintain a regional plan based on

national, State and regional priorities and national

preparedness goals.

(2) To comply with Federal and State requirements

regarding NIMS training and certification, emergency response

equipment typing and emergency responder credentialing.

(3) Organize, at a minimum, working groups from the

following emergency management communities:

(i) Health services.

(ii) Law enforcement.

(iii) Fire protection.

(iv) Emergency medical services

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

regional emergency response resources, including emergency

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

critical infrastructure and provide an inventory of the

resources on a schedule and in a manner prescribed by the

agency.

(5) To maintain a multiyear training and exercise plan

and participate in and conduct exercises as required by the

agency and the Federal Government.

(6) To participate in and conduct capabilities-based

planning activities and assessments.

(7) Maintain interoperable and compatible emergency

communication systems in support of Statewide communications

systems.

20170HB1218PN1446 - 82 -

(8) Comply with agency guidelines, standards and

directives and Homeland Security grant guidelines.

(h) Activation and deployment.--A regional task force or a

subset of the regional task force 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 the regional task force. During an activation

and deployment, the administrative and operational costs of the

regional task force or a subset of the regional task force, its

individual members and their employers, Commonwealth agencies

and other parties shall be negotiated and paid by the entity

that activated and deployed the regional task force or the

subset of the regional task force.

§ 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 any other terms, the written

agreement shall stipulate the scope of authority, employed or

volunteer status of team members, which member county of the

regional task force is the responsible agent for

administering any funds, grants or expenses of the

specialized regional task force team.

20170HB1218PN1446 - 83 -

(4) Any specialized regional task force team shall be

subject to the laws governing the making of contracts or

purchases, the employment of persons or otherwise incurring

financial obligations.

(5) In order to receive funds or grants directly, a

specialized regional task force team must meet the

requirements of section 7521(b)(2) (relating to regional task

forces).

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 the

regional task force.

§ 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.

(a.1) Costs.--During an activation and deployment, the

administrative and operational costs of the regional task force

or a subset of the regional task force, its individual members

and their employers, Commonwealth agencies and other parties

shall be negotiated and paid by the entity that activated and

deployed the specialized regional task force.

(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

20170HB1218PN1446 - 84 -

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 urban search and rescue task force,

its individual members and their employers, Commonwealth

agencies and other parties shall be negotiated and 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 or the task force. 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 any 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 shall

be entitled to tax-exempt status from the Commonwealth.

§ 7524. Specialized Statewide response teams.

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(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.

only be activated and deployed by the Governor or the designee

of the Governor. During an activation and deployment, the

administrative and operational costs of the regional task force

or a subset of the regional task force, its individual members

and their employers, Commonwealth agencies and other parties

shall be negotiated and paid by the entity that activated and

deployed the specialized Statewide response team.

§ 7525. Grant program.

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

the following:

(1) Regional task forces, specialized regional task

force teams, specialized Statewide response teams and urban

search and rescue task forces to the extent they are

organized under section 7521(b) (relating to regional task

forces).

(2) The member political subdivisions that comprise the

entities under paragraph (1).

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

regional task force teams, specialized Statewide response teams

20170HB1218PN1446 - 86 -

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 to the extent they are

organized under section 7521(b).

the extent that funding is available.

§ 7526. Workers' compensation premiums.

Nothing under this part shall be construed to permit an

insurer to raise workers' compensation premiums due to the

participation or membership of a political subdivision,

emergency services organization, individual or employer on any

task force or response team described in this part.

Section 9.1. Title 35 is amended by adding a section to

read:

§ 7605. Protections.

An individual that is not an employee of the Commonwealth who

is deployed by the Governor or a designee under section 7601

(relating to compact enacted) shall be considered an employee of

the Commonwealth for the purposes of this chapter .

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

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

20170HB1218PN1446 - 87 -

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 which receive public funds shall be made available to

[local, county] political subdivision, regional and [State]

Commonwealth officials for emergency planning and exercise

purposes and actual [service as mass-care facilities in the

20170HB1218PN1446 - 88 -

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 which

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

all-hazards emergency action plan in accordance with standards

established by the agency. The plan shall be coordinated with

the appropriate local or county emergency management program and

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dedicated emergency response organizations.

(h) Large event plans.--

(1) If 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

likely to respond in the geographic area where the event is

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

consultation with the county coordinator, 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 prior to the event.

(i) Sharing of information.--

(1) This subsection shall apply to any of the following

public entities which possess or acquire 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 under paragraph (1) shall

do all of the following:

(i) Promptly share all-hazards information with the

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

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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 which 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 which 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 any other Federal or State law

protecting proprietary information or trade secrets and the

release or use of the information .

§ 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

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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 provided 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

pursuant to the Stafford Act.

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

result of gross negligence, wanton or reckless acts or

intentional misconduct.

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(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

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

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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,

gross negligence, recklessness or bad faith, the agents,

employees, volunteers or representatives of any of them engaged

in any emergency services activities, nor, except in cases of

willful misconduct [or], gross negligence, recklessness or bad

faith, 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

other premises for that purpose.

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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 under

this section shall not supersede and shall not be 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

be needed to effect restoration of such water system. The

political subdivision or municipal authority may be reimbursed

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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

duration, beginning on the eighth day of disability directly

arising from accidental injury rendering the individual

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totally incapable of following his normal gainful pursuits.]

Volunteers of an agency-established urban search and rescue

task force, a regional task force, specialized Statewide

response teams, a specialized regional task force, 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 a

political subdivision 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 to which 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.]

Computation.--For purposes of computing a volunteer's 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.

apply to the extent that the volunteer is otherwise covered for

workers' compensation purposes under an existing policy,

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agreement, contract or law nor shall this provision apply to an

individual who self-deploys or has not been authorized to

respond in accordance with subsection (a).

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

supersede Chapter 76 (relating to E mergency M anagement

A ssistance C ompact).

§ 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] who is subject to

the authority of the following and who fails to comply with an

order or direction from the following commits a violation of

this part:

(1) The Governor or his or her designee.

(2) A chief elected executive official.

(3) An agency.

(4) A county or local emergency management program.

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

a summary offense and the person convicted of such 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

imprisonment not exceeding 90 days, or both, for each

subsequent offense.

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

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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:

§ 7708.1. Replacement of volunteer service.

(a) Condition.--A city, borough, town or township may not

replace a volunteer fire company serving the municipality with a

paid fire company unless a majority of the voters in the

municipality have first voted in favor of the change.

(b) Referendum.--If a municipality under subsection (a)

desires to replace the municipality's volunteer fire company

with a paid fire company, the following shall apply:

(1) The municipality must file a petition with the

county board of elections of the county on the question of

replacement.

(2) The board shall cause a question to be placed on the

ballot and submitted at the municipal primary election

occurring at least 60 days after the petition is filed.

(3) The question shall be in the following form:

Do you favor the replacing of the volunteer fire

20170HB1218PN1446 - 99 -

company by a paid fire company in

the .................of .................?

(4) The referendum shall be conducted under the act of

June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania

Election Code.

(5) If a majority of the electors voting on the question

vote yes, then the municipality shall replace the volunteer

fire company with a paid fire company.

§ 7714.1. 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

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

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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 any form relating to preparedness and

emergency management activities of the Commonwealth or any

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 any form received by the agency or a

law enforcement organization under section 7701(i) (relating

to duties concerning disaster preparedness and emergency

management).

(3) Any other information in any 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

management program or any 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

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a Commonwealth or local government capacity recuses himself from

any official duties or decisions which pertain to the nonprofit

entity.

Section 12. 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. Chs. 73 Subch. G and 75 Subch. C.

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

known as the Counterterrorism Planning, Preparedness and

Response Act, is repealed.

Section 13. This act shall take effect immediately.

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