THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, SOLOBAY, ALLOWAY, RAFFERTY, D. WHITE, YAW, SCHWANK, MENSCH, BOSCOLA, COSTA, ERICKSON, FERLO AND YUDICHAK, MAY 31, 2012

REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MAY 31, 2012  

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, in emergency management services,

further providing for definitions and for purposes of part;

providing for penalty for false application; extensively

revising provisions relating to Commonwealth services and to

local organizations and services; further providing for

disaster duties, for acceptance, for interstate arrangements,

for immunity, for special powers, for workers' compensation

and for penalties; providing for authority of Federal law

enforcement officers, for confidentiality, for adverse

interests and for public health emergency measures; and

making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 7102, 7103, 7301, 7302, 7303, 7304, 7305

and 7305.1 of Title 35 of the Pennsylvania Consolidated Statutes

are amended to read:

§ 7102.  Definitions.

The following words and phrases when used in this part shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"Agency."  The Pennsylvania Emergency Management Agency.

"All hazards."  All dangers that can threaten or harm

individuals, the environment, the economy or property.

"All-hazards information."  Information describing the

dangers that can threaten or harm individuals, the environment,

the economy or property and which information pertains to the

preparedness for or consequences from the dangers. The term does

not include information related to criminal prosecution, law

enforcement sources or methods, investigative activity,

policies, training or protection tactics, tactical plans,

information protected by 18 Pa.C.S. (relating to crimes and

offenses) or information that could otherwise be reasonably seen

as compromising law enforcement efforts.

"Chief elected executive officer."  The mayor of a city or

borough, the chairperson of the commissioners or supervisors or

the elected executive of a county, township or incorporated

town.

"Commonwealth agency."  Any of the following:

(1)  An office, department, authority, board, multistate

agency or commission of the executive branch.

(2)  The Governor's Office.

(3)  The Office of Attorney General, the Department of

the Auditor General and the Treasury Department and any other

agency, board or commission of the Commonwealth that is not

subject to the policy supervision and control of the

Governor.

(4)  An organization established by the Constitution of

Pennsylvania, a statute or an executive order 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, economy and public

services continue in the event of an emergency.

"Commonwealth Disaster Recovery Task Force."  The task force

described under section 7312 (relating to Pennsylvania Emergency

Management Council).

"Commonwealth emergency management program."  A program of

coordinated activities consistent with Federal guidelines,

including the National Incident Management System, coordinated

by the Pennsylvania Emergency Management Agency, to address the

management of emergencies. The term includes the State Emergency

Operations Plan, the State Hazard Mitigation Plan and all

appropriate State-level strategic and operational plans and

programs that address all hazards, disaster-related mitigation,

preparedness, protection, prevention, response and recovery.

"Council."  The Pennsylvania Emergency Management Council.

"Council of governments."  An association of two or more

local government units joined together under a written compact

to improve cooperation, coordination and planning and to

undertake programs in their mutual interest under the provisions

of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

cooperation).

"County emergency management program."  An emergency

management and preparedness program established and maintained

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

county and local emergency management programs).

"Critical infrastructure."  Assets, systems, networks and

functions, physical or virtual, which are so vital to the

government that their incapacitation or destruction would have a

debilitating impact on security, economic security, public

health or safety.

["Custodial child care facility."  A child day care center as

defined under section 1001 of the act of June 13, 1967 (P.L.31,

No.21), known as the Public Welfare Code, or nursery school

licensed or regulated by the Commonwealth.]

"Dedicated emergency response organization."  An entity

organized, chartered or incorporated in this Commonwealth or

another jurisdiction of the United States or chartered by the

Congress of the United States for the primary purpose of

providing emergency services. The term includes a volunteer,

paid and combination organization.

"Dependent care facility."  An organization, institution or

facility licensed or certified by the Commonwealth that is

responsible for the custodial care or health care of individuals

who are dependent on the organization, institution or facility

for the activities of daily living, health, safety or welfare.

"Director."  The director of the Pennsylvania Emergency

Management Agency.

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

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

on individuals, the environment, the economy or property.

"Disaster emergency."  [Those conditions which may by

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

condition that may:

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

substantial number of [citizens of this Commonwealth] people 

or preclude the operation or use of essential public

facilities; and

(2)  be of such magnitude or severity as to render

essential State supplementation of regional, county and local

efforts or resources exerted or utilized in alleviating the

danger, damage, suffering or hardship faced.[; and

(3)  have been caused by forces beyond the control of

man, by reason of civil disorder, riot or disturbance, or by

factors not foreseen and not known to exist when

appropriation bills were enacted.]

"Emergency."  An incident that requires responsive,

coordinated action to protect individuals, the environment, the

economy or property.

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

care facility or large event planner, as referenced in section

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

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

regulation to maintain an emergency preparedness capability or

develop an emergency plan.

"Emergency management."  [The judicious planning, assignment

and coordination of all available resources in an integrated

program of prevention, mitigation, preparedness, response and

recovery for emergencies of any kind, whether from attack, man-

made or natural sources.] The continuous cycle of preparedness,

planning, response, recovery and mitigation for emergencies.

"Emergency operations plan."  A document prepared by a

political subdivision that is consistent with Federal and State

requirements that assigns responsibility to agencies and

departments under the jurisdiction and control of the political

subdivision for carrying out specific actions in a disaster

emergency and states, among other things, lines of authority,

response actions and coordination requirements.

"Emergency services."  The preparation for and the carrying

out of [functions] capabilities, other than [functions] 

capabilities for which military forces are primarily

responsible, to prepare for, prevent, protect against, respond

to and recover from, minimize and provide emergency repair of

injury and damage resulting from disasters or emergencies,

together with all other activities necessary or incidental to

the preparation for and carrying out of those [functions] 

capabilities. The [functions] capabilities include, without

limitation, firefighting services, police services, medical and

health services, search, rescue, engineering, disaster warning

services, sharing of information, communications, radiological 

activities, shelter, chemical and other special weapons defense,

evacuation of persons from stricken areas, emergency welfare

services, mass-care services, emergency transportation,

emergency [resources] management, existing or properly assigned

functions of plant protection, temporary restoration of public

utility services, logistics and resource management and other

[functions] capabilities related to civilian protection. The

term includes all of the following:

(1)  Capabilities of municipal governments, county

governments, nongovernmental organizations or the

Commonwealth.

(2)  Capabilities of regional task forces and other

response organizations as specifically provided for under

this part.

"Federal emergency."  An emergency as defined in section

102(1) of The Robert T. Stafford Disaster Relief and Emergency

Assistance Act (Public Law 93-288, 42 U.S.C. § 5122(1)).

"Federal law enforcement officer."  A law enforcement officer

who:

(1)  is employed by the United States;

(2)  is authorized to effect an arrest, with or without a

warrant, for a violation of the United States Code; and

(3)  is authorized to carry a firearm in the performance

of the law enforcement officer's duties.

"Grantee."  The entity, government or organization to which a

grant is awarded.

"Hazard vulnerability analysis."  A process by which a

political subdivision identifies the disasters most likely to

strike the community and estimates the potential impact of the

disaster to loss of life, property, the environment and the

economy.

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

an adverse effect on human health with public health

consequences.

"Homeland security."  A concerted national effort to prevent

and disrupt terrorist attacks, protect against all hazards and

respond to and recover from incidents that occur.

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

management construct that is:

(1)  Specifically designed to provide for the adoption of

an integrated organizational structure that reflects the

complexity and demands of single or multiple incidents,

without being hindered by jurisdictional boundaries.

(2)  Characterized by the combination of facilities,

equipment, personnel, procedures and communications operating

within a common organizational structure and designed to aid

in the management of resources during all kinds of

emergencies regardless of size or complexity.

"Incident commander."  The individual responsible for all

incident-related activities as described in the National

Incident Management System.

"Incident management team."  An incident command organization

made up of the command and general staff members and other

appropriate personnel organized according to Federal and State

guidelines which can be deployed or activated as needed.

"Institution of higher education."  A university, a four-year

college or community college.

"Joint information center."  A facility established to

coordinate incident-related public information activities and be

the central point of contact for news media.

"Key resources."  Publicly or privately controlled resources

essential to minimal operation of the economy and the

government.

"Law enforcement sensitive information."  Unclassified

information originated by a law enforcement agency 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."  The condition declared by a

local governing body or chief elected executive officer when, in

its or the officer's judgment, the threat or actual occurrence

of a disaster may:

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

substantial number of people or preclude the operation or use

of essential public facilities.

(2)  Be of a magnitude or severity that warrants

coordinated local government action in alleviating the

danger, damage, suffering or hardship.

["Local emergency."  The condition declared by the local

governing body when in their judgment the threat or actual

occurrence of a disaster is or threatens to be of sufficient

severity and magnitude to warrant coordinated local government

action to prevent or alleviate the damage, loss, hardship or

suffering threatened or caused thereby. A local emergency

arising wholly or substantially out of a resource shortage may

be declared only by the Governor, upon petition of the local

governing body, when he deems the threat or actual occurrence of

a disaster to be of sufficient severity and magnitude to warrant

coordinated local government action to prevent or alleviate the

damage, loss, hardship or suffering threatened or caused

thereby.]

"Local emergency management program."  An emergency

management and preparedness program established and maintained

by a municipality under section 7501 (relating to general

authority of county and local emergency management programs).

"Local health department."  A county department of health

under the act of August 24, 1951 (P.L.1304, No.315), known as

the Local Health Administration Law, or a department of health

in a municipality approved for a Commonwealth grant to provide

local health services under section 25 of the Local Health

Administration Law.

["Local organization."  A local emergency management

organization.]

"Major disaster."  The term as it is defined in the Stafford

Act.

["Man-made disaster."  Any industrial, nuclear or

transportation accident, explosion, conflagration, power

failure, natural resource shortage or other condition, except

enemy action, resulting from man-made causes, such as oil spills

and other injurious environmental contamination, which threatens

or causes substantial damage to property, human suffering,

hardship or loss of life.]

"Mitigation."  Protection activities designed to reduce or

eliminate risks to persons or property or to lessen the actual

or potential effects or consequences of an incident that may be

implemented prior to, during or after an incident.

"Municipality."  A city, borough, incorporated town or

township.

"Mutual aid."  Mutual assistance and sharing of resources

among participating political subdivisions in the prevention of,

response to and recovery from threats to public health and

safety that are beyond the capability of the affected community.

"National Incident Management System."  A system that

provides a consistent nationwide approach for Federal, State,

local and tribal governments, the private sector and

nongovernmental organizations to work effectively and

efficiently together to prepare for, prevent, protect against,

respond to and recover from domestic incidents, regardless of

cause, size or complexity. The term includes 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, 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, economy and public services

continue in the event of any 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,

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.

"Person."  An individual, corporation, [firm, association,]

partnership, limited liability company, business trust,

government entity, including the Commonwealth, foundation, 

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

institution, group, the Commonwealth or a local agency or

political subdivision and any legal successor, representative or

agency of the foregoing].

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

incorporated town or township.

"Preparedness."  A continuous process of identifying and

implementing tasks and activities necessary to build, sustain

and improve operational capability to prevent, protect against,

respond to and recover from domestic incidents involving all

levels of government, private sector and nongovernmental

organizations to identify threats, determine vulnerabilities and

identify required resources.

"President."  The President of the United States.

"Prevention."  Actions to avoid an incident or to intervene

to stop an incident from occurring.

"Protection."  Actions to reduce or eliminate adverse effects

to life, property, the environment or the economy.

"Recovery."  The development, coordination and execution of

service-restoration and site-restoration plans for impacted

communities and the reconstitution of government operations and

services through individual, private sector, nongovernmental and

public assistance programs that do all of the following:

(1)  Identify needs and define resources.

(2)  Provide housing and promote restoration.

(3)  Address long-term care and treatment of affected

persons.

(4)  Implement additional measures and techniques, as

feasible.

(5)  Evaluate the incident to identify lessons learned.

(6)  Develop initiatives to mitigate the effects of

future incidents.

"Regional."  Pertaining to regional task forces.

"Regional task force."  An operational cooperative effort

organized among Federal, State, county, council of governments

and municipal emergency management, health, law enforcement,

public safety and other officials and representatives from

volunteer service organizations, emergency services

organizations, private business and industry, hospitals and

medical care facilities and other entities within a multicounty

area as recognized by and determined by the agency that is

responsible for conducting all-hazards planning, training

preparedness and emergency response activities.

"Resource shortage."  The absence, unavailability or reduced

supply of any raw or processed natural resource, or any

commodities, goods or services of any kind which bear a

substantial relationship to the health, safety, welfare and

economic well-being of the citizens of this Commonwealth.

"Response."  Activities that address the short-term, direct

effects of an incident. The term includes the execution of

emergency operations plans and incident mitigation activities

designed to limit the loss of life, personal injury, property

damage and other unfavorable outcomes.

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

Emergency Management Agency, county emergency management

programs and local emergency management programs validate

planning documents in accordance with this part to ensure

compliance with established planning criteria, adherence to

templates and completeness. This process shall not imply

approval or verification of ability to execute the plans

described in the planning documents.

"Specialized regional response team."  A complement of

individuals established by a regional task force and organized

in accordance with standards developed by the Pennsylvania

Emergency Management Agency and applicable Federal agencies to

respond to emergencies involving an actual or potential

disaster.

"Specialized Statewide response team."  A complement of

individuals organized by the Commonwealth to provide specialized

personnel, equipment and other support capabilities in response

to an actual or potential disaster.

"Stafford Act."  The Robert T. Stafford Disaster Relief and

Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et

seq.).

"State emergency operations plan."  A document prepared by

the Pennsylvania Emergency Management Agency and approved and

signed by the Governor that is consistent with Federal

requirements and assigns responsibility to appropriate

Commonwealth agencies for carrying out specific actions in a

disaster emergency and states, among other things, lines of

authority, response actions and coordination requirements.

"State Emergency Registry of Volunteers in Pennsylvania" or

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

the Commonwealth allowing for the advance and real-time

registration of volunteers for deployment during emergencies or

disasters.

"State hazard mitigation plan."  A document prepared by the

Pennsylvania Emergency Management Agency to reduce the loss of

life and property due to all hazards and to enable mitigation

measures to be implemented during the immediate recovery from a

disaster.

"Strategic plan."  A plan describing an organization's

emergency management or homeland security goals and objectives.

"Tactical plan."  A plan describing an organization's

execution of tasks and actions to prevent, protect, investigate

and respond to an emergency, incident or other situation.

"Terrorism."  An act or activity that:

(1)  Is dangerous to human life or potentially

destructive of critical infrastructure or key resources.

(2)  Is a violation of the criminal laws of the United

States or of any state or other subdivision of the United

States 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

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

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

this part, in addition to other rights granted to the Governor

under this part, the Governor may issue, amend and rescind

executive orders, proclamations and regulations, which shall

have the force and effect of law.

(c)  Declaration of disaster emergency.--

(1)  A disaster emergency shall be declared by executive

order or proclamation of the Governor upon finding that a

disaster has occurred or that the occurrence or the threat of

a disaster is imminent.

(2)  The [state of] declared disaster emergency shall

continue until the Governor finds that the threat or danger

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

that emergency conditions no longer exist and terminates the

[state of] declared disaster emergency by executive order or

proclamation, but no [state of] declared disaster emergency

may continue for longer than 90 days unless renewed by the

Governor.

(3)  The General Assembly by concurrent resolution may

terminate a [state of] disaster emergency declaration at any

time. Thereupon, the Governor shall issue an executive order

or proclamation ending the [state of] declared disaster

emergency.

(4)  All executive orders or proclamations issued under

this subsection shall indicate the nature of the disaster,

the area or areas threatened and the conditions which have

brought the disaster about or which make possible termination

of the [state of] declared disaster emergency.

(5)  An executive order or proclamation shall be

disseminated promptly by means calculated to bring its

contents to the attention of the general public and, unless

the circumstances attendant upon the disaster prevent or

impede, shall be promptly filed with the [Pennsylvania

Emergency Management Agency] agency and the Legislative

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

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

of Commonwealth documents).

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

proclamation of a state of disaster emergency shall activate the

disaster response and recovery aspects of the [Commonwealth]

State emergency operations plan and [local disaster] other 

emergency plans applicable to the political subdivision or area

in question and shall be authority for the deployment and use of

any forces to which the plan or plans apply and for use or

distribution of any supplies, equipment and materials and

facilities assembled, stockpiled or arranged to be made

available pursuant to this part or any other provision of law

relating to disaster emergencies.

(e)  Commander in chief of military forces.--[During the

continuance of any state of disaster emergency, the] The 

Governor is commander in chief of the Pennsylvania military

forces. To the greatest extent practicable, the Governor shall

delegate or assign command authority by prior arrangement

embodied in appropriate executive orders or regulations, but

this does not restrict the authority of the Governor to do so by

orders issued at the time of the disaster emergency.

(f)  Additional powers.--In addition to any other powers

conferred upon the Governor by law, the Governor may:

(1)  Suspend the provisions of any [regulatory] statute

[prescribing the procedures for conduct of Commonwealth

business,] or the orders, rules or regulations of any

Commonwealth agency, if strict compliance with the provisions

of any statute, order, rule or regulation would in any way

prevent, hinder or delay necessary action in coping with the

emergency.

(2)  [Utilize] 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

transportation of alcoholic beverages, firearms, explosives

and combustibles.

(9)  If the Governor determines that the Commonwealth

needs the assistance of Federal law enforcement while a

declaration of a disaster emergency is in effect, make in his

a request to the Federal Government for the assistance of

Federal law enforcement officers in enforcing the laws of

this Commonwealth. Only the Governor shall have the power to

make the request.

§ 7302.  Temporary housing.

(a)  Authority of Governor.--Whenever the Governor has

[proclaimed] declared a disaster emergency under this part, or

the President, at the request of the Governor, has declared [an]

a Federal emergency or a major disaster to exist in this

Commonwealth, the Governor is authorized:

(1)  To enter into purchase, lease or other arrangements

with any Federal agency for temporary housing units to be

occupied by disaster victims and to make the units available

to any political subdivision [of this Commonwealth named as a

party to the emergency or disaster declaration.] authority or

authorized nonprofit organization included in the declared

disaster emergency, declared Federal emergency or declared

major disaster.

(2)  To assist any political subdivision [of this

Commonwealth] authority or authorized nonprofit organization

which is the locus of temporary housing for disaster victims

to acquire sites necessary for such temporary housing and to

do all things required to prepare such sites to receive and

utilize temporary housing units by:

(i)  advancing or lending funds available to the

Governor from any appropriation made by the General

Assembly or from any other source;

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

agency, public or private; or

(iii)  becoming a copartner with the political

subdivision for the execution and performance of any

temporary housing for disaster victims [project];

and for such purposes to pledge the credit of the

Commonwealth on such terms as the Governor deems appropriate

having due regard for current debt transactions of the

Commonwealth.

(3)  Under such [regulations] conditions as the Governor

shall prescribe, to temporarily suspend or modify for not to

exceed 60 days any public health, safety, zoning,

transportation [(within] within or across this

[Commonwealth)] Commonwealth or other requirement of statute

or regulation within this Commonwealth when by proclamation

the Governor deems the suspension or modification essential

to provide temporary housing for disaster victims.

(b)  Acquisition of sites by political subdivisions.--Any

political subdivision [of this Commonwealth] authority or

authorized nonprofit organization is expressly authorized to

acquire, temporarily or permanently, by purchase, lease or

otherwise, sites required for installation of temporary housing

units for disaster victims[,] and to enter into whatever

arrangements [which are] necessary to prepare or equip the sites

to utilize the housing units.

(c)  Construction of section.--This section does not limit

the authority of the Governor to apply for, administer and

expend any grants, gifts or payments in aid of disaster

[prevention,] preparedness[, response or recovery] and emergency

management activities.

[(d)  Definitions.--As used in this section, "major disaster"

and "emergency" shall have the same meanings as defined or used

in The Robert T. Stafford Disaster Relief and Emergency

Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.).]

§ 7303.  Debris and wreckage removal.

(a)  Authority of Governor.--Whenever the Governor has

declared a disaster emergency to exist under this part, or the

President, at the request of the Governor, has declared a major

disaster or emergency to exist in this Commonwealth, the

Governor is authorized:

(1)  Notwithstanding any other provision of law, through

the use of Commonwealth agencies [or instrumentalities], to

clear or remove from publicly or privately owned land or

water[,] debris and wreckage which may threaten public health

or safety, or public or private property.

(2)  To accept funds from the Federal Government and

utilize the funds to make grants or to reimburse any

political subdivision for the purpose of removing debris or

wreckage from publicly or privately owned land or water.

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

Governor provides for clearance of debris or wreckage pursuant

to subsection (a), employees of the designated Commonwealth

agencies or individuals appointed by the Commonwealth are

authorized to enter upon private land or waters and perform any

tasks necessary to the removal or clearance operation.

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

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

Commonwealth employee or agent complying with and performing

duties pursuant to orders of the Governor under this section

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

to property.]

§ 7304.  Community disaster loans.

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

declared a major disaster or emergency to exist in this

Commonwealth, the Governor is authorized:

(1)  Upon determining that a political subdivision [of

this Commonwealth] will suffer a substantial loss of tax and

other revenues from a major disaster or emergency and has

demonstrated a need for financial assistance to perform its

governmental functions, to apply to the Federal Government,

on behalf of the political subdivision, for a loan and to

receive and disburse the proceeds of any approved loan to

[any] the applicant [political subdivision].

(2)  To determine the amount needed by [any applicant] a

political subdivision to restore or resume its governmental

functions and to certify the amount to the Federal

Government. No application amount shall exceed 25% of the

annual operating budget of the applicant for the fiscal year

in which the major disaster or emergency occurs.

(3)  After review, recommend to the Federal Government

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

first three full fiscal-year periods following the major

disaster, the revenues of the political subdivision are

insufficient to meet its operating expenses, including

additional disaster-related expenses [of a municipal

operation character].

§ 7305.  Individual and family assistance.

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

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

emergency to exist in this Commonwealth, the Governor is

authorized:

(1)  Upon determining that assistance under [The Robert

T. Stafford Disaster Relief and Emergency Assistance Act

(Public Law 93-288, 42 U.S.C. § 5121 et seq.),] the Stafford

Act and from other means is insufficient to meet the

disaster-related necessary expenses or serious needs of

individuals or families adversely affected by a major

disaster or emergency, to accept a grant from the Federal

Government for the purpose of meeting the expenses or needs

of disaster victims, subject to any terms and conditions

imposed upon the grant.

(2)  To enter into an agreement with the Federal

Government or any Federal agency or officer pledging the

Commonwealth to participate in the funding of the assistance

authorized in paragraph (1) and, if Commonwealth funds are

not otherwise available to the Governor, to accept an advance

of the Commonwealth share from the Federal Government to be

repaid when the Commonwealth is able to do so.

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

Governor is authorized to make grants to meet disaster-related

necessary expenses or serious needs of individuals or families

adversely affected by a major disaster or emergency declared by

the President. Any grant shall not exceed the amount authorized

by [The Robert T. Stafford Disaster Relief and Emergency

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

an individual or family in any single major disaster or

emergency.

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

fraudulently or willfully makes a misstatement of fact in

connection with an application for assistance under this section

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

§ 7305.1.  Grants for public assistance and hazard mitigation.

(a)  Commonwealth participation in public assistance and 

hazard mitigation funding; agreements.--Whenever the President

authorizes [the] a contribution [of up to 75% of] to the cost of

[hazard mitigation measures to] public assistance grants to

repair or replace eligible public property damage or hazard

mitigation to reduce the risk of future damage, hardship[,] or 

loss [or suffering] to eligible property in any area affected by

a major disaster pursuant to [The Robert T. Stafford Disaster

Relief and Emergency Assistance Act (Public Law 93-288, 88 Stat.

143)] the Stafford Act, the Governor is authorized, subject to

the availability of appropriated funds, to enter into an

agreement with the Federal Government or any Federal agency or

officer pledging the Commonwealth to participate in the funding

of the public assistance and mitigation project or plan.

(b)  Special Session disaster relief acts.--Projects which

are itemized under Chapter 3 of the act of July 11, 1996 (2nd

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

Control and Hazard Mitigation Itemization Act of 1996, and the

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

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

mitigation projects for the purposes of hazard mitigation

funding to the extent that such projects qualify under [The

Robert T. Stafford Disaster Relief and Emergency Assistance Act

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

(c)  Need for plan.--The agency may withhold Federal or State

funds available under subsection (a) from a political

subdivision that does not have in effect a current emergency

operations plan and a current hazard mitigation plan as required

under this part.

Section 2.  Title 35 is amended by adding a section to read:

§ 7307.1.  Use and appropriation of unused Commonwealth funds.

(a)  Transfer of funds authorized.--In addition to the

transfers permitted under section 1508(a) of the act of April 9,

1929 (P.L.343, No.176), known as The Fiscal Code, if the

Governor has not declared a disaster emergency or if a

declaration of disaster emergency has expired, the Governor may

nevertheless transfer any unused funds which may have been

appropriated for the ordinary expenses of the Commonwealth in

the General Fund to such Commonwealth agencies as the Governor

may direct to be expended for preparedness planning and other

activities related to a potential or actual disaster in such

manner as the Governor shall approve, and the funds are

appropriated to the Governor for such purposes.

(b)  Limitation on amount transferred.--The total of the

transfers authorized under section 1508(a) of The Fiscal Code

and under this section shall not exceed $25,000,000 in any one

year except by action of the General Assembly.

Section 3.  Section 7308 of Title 35 is amended to read:

§ 7308.  Laws suspended during emergency assignments.

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 4.  Title 35 is amended by adding a section to read:

§ 7309.  Penalty for false application.

A person who fraudulently or willfully makes a material

misstatement of fact in connection with an application for

assistance under this subchapter commits a misdemeanor of the

third degree. In addition to any other sentence imposed, the

defendant shall be ordered to repay to the Commonwealth the

amount of funds received under the application.

Section 5.  Sections 7312, 7313, 7314, 7320, 7501, 7502,

7503, 7504, 7511, 7512, 7513, 7514 and 7515 of Title 35 are

amended to read:

§ 7312.  [Organization.] Pennsylvania Emergency Management

Council.

[This agency shall consist of and be organized substantially

as follows:

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

direction of a Statewide civil defense and disaster program and

response capability of the type hereinafter prescribed shall be

vested in a body legally known as the Pennsylvania Emergency

Management Council, which]

(a)  Establishment.--

(1)  The Pennsylvania Emergency Management Council is

established within the agency.

(2)  (i)  The council shall be composed of: the Governor,

the Lieutenant Governor, the Adjutant General, the

Secretary of the Budget, the director, the Secretary of

Administration, the Secretary of State, the Secretary of

Education, the Secretary of General Services, the

Secretary of Labor and Industry, the Secretary of Health,

the Attorney General, the Governor's General Counsel, the 

Secretary of Community [Affairs,] and Economic

Development, the Secretary of Conservation and Natural

Resources, the Secretary of Environmental Protection, the 

Secretary of Transportation, the Secretary of

Agriculture, the Secretary of Public Welfare, the 

Commissioner of the Pennsylvania State Police, [Chairman]

the Chairperson of the Pennsylvania Public Utility

Commission, the State Fire Commissioner, 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 designee. [The

Speaker of the House of Representatives, President pro

tempore of the Senate, Minority Leader of the Senate and

Minority Leader of the House of Representatives may

authorize a member of their respective Houses of the

General Assembly to serve in their stead.]

(ii)  The Governor may authorize up to two

representatives of business and industry, up to two

representatives of labor, up to two public members at

large and one representative respectively of the

[Pennsylvania State Association of] County Commissioners

Association of Pennsylvania, the Pennsylvania State

Association of Township Commissioners, the Pennsylvania

State Association of Township Supervisors, the

Pennsylvania League of Cities and Municipalities [and], 

the Pennsylvania State Association of Boroughs and the

Keystone Emergency Management Association to be nonvoting

members of the council.

(iii)  The Governor [may designate a member to] shall 

serve as [chairman.] chair.

(iv)  The Governor may also appoint representatives

of key private sectors, including the energy utility,

medical, police, fire, emergency medical services,

communications, transportation, education, agriculture

and labor sectors, and two members-at-large to serve as

nonvoting council members.

(3)  Five voting members shall constitute a quorum.

(b)  Compensation and expenses.--The members shall serve

without compensation, but may be reimbursed for their actual and

necessary traveling and other expenses incurred in connection

with attendance at meetings.

(c)  Regular meetings.--For the conduct of routine business,

including particularly the consideration of matters of basic

policy, the council shall meet at the call of the [chairman and

at least three times during each calendar year.] chair.

(d)  Emergency meetings.--In the event of [attack or disaster

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

Act," and the Commonwealth Compensation Plan.] The agency shall

provide the council with such 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,

when directed by the Governor, review and conduct studies of

disasters that occur in this Commonwealth, their causes and

impacts, make recommendations to prevent future disasters,

lessen their impact and help expedite recovery at the State and

local level. The members of the council shall serve on the task

force and may invite other organizations and Commonwealth

agencies to participate as needed.

§ 7313.  Powers and duties.

The agency shall [have the following powers and duties]

develop a comprehensive emergency management and preparedness

system for this Commonwealth, in coordination with other

Commonwealth agencies as designated by the Governor. In order to

develop the system, the agency shall:

(1)  [To prepare] Prepare, maintain and keep current [a

Pennsylvania Emergency Management Plan for the prevention and

minimization of injury and damage caused by disaster, prompt

and effective response to disaster and disaster emergency

relief and recovery.] the Commonwealth emergency management

program. The [plan] program may include provisions for:

(i)  Preparedness standards established by the United

States Department of Homeland Security and the Federal

Emergency Management Agency.

(ii)  [Commonwealth] State, regional and local

[disaster] emergency management responsibilities.

(iii)  Assistance to Commonwealth agencies, regional

task forces, local government officials, [schools and

custodial child] dependent care facilities [in designing

emergency management plans and training programs] and the

private sector in developing their systems of emergency

management and preparedness.

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

command[, continuity of government] in emergency

situations and emergency operational principles.

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

regional and local [disaster] preparedness and emergency

management activities.

(vi)  Coordination of the [Commonwealth Emergency

Management Plan with the disaster plans of the Federal

Government and those of other states] State emergency

operations plan with other Commonwealth agencies as

designated by the Governor, the United States Department

of Homeland Security, the Federal Emergency Management

Agency and other states.

(vii)  Assistance to the Commonwealth, regional task

forces, school districts and local governments in

obtaining, utilizing and managing Federal and

[Commonwealth] State disaster assistance.

(viii)  Supply to appropriate [Commonwealth] State 

and local officials and regional task forces State

catalogs of Federal, [Commonwealth] State and private

assistance programs.

(ix)  [Identification of areas particularly

vulnerable to disasters.] Accreditation programs for

county and local emergency management programs,

Commonwealth emergency management certification programs

and qualification standards for appointed emergency

management coordinators.

(x)  Recommendations for zoning, building and other

land-use controls; safety measures pertaining to

nonpermanent or semipermanent structures; resource

conservation and allocation; and other preventive and

preparedness measures designed to eliminate or reduce

disasters or their impact.

(xi)  Authorization and procedures for the erection

or other construction of temporary works designed to

protect against or mitigate danger, damage or loss from

flood, conflagration or other disaster in coordination

with the Department of Environmental Protection.

(1.1)  Maintain and keep current the State emergency

operations plan, the State hazard mitigation plan and 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 emergency operation centers with a consolidated

Statewide system of warning and provide a system of disaster

communications integrated with those of Federal[,

Commonwealth and local] agencies, Commonwealth agencies,

regional task forces and political subdivisions involved in

disaster emergency operations.

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

rules, regulations, standards, directives and orders as may

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

(4)  [To provide] Provide technical guidance, advice and

assistance to Commonwealth agencies, [political subdivisions,

schools and custodial child care facilities] regional task

forces, county emergency management programs, local emergency

management programs, school districts and dependent care

facilities in the preparation of [disaster] emergency

[management] plans or components thereof [and to periodically

review such plans and suggest or require revisions].

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

[political subdivisions] county emergency management

programs, local emergency management programs and regional

task forces in establishing and operating, training programs

and programs of public information.

(6)  [To supply] Supply appropriate Commonwealth [and

local agencies and officials] agencies, county emergency