PRIOR PRINTER'S NO. 1306                      PRINTER'S NO. 1434

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1104 Session of 1977


        INTRODUCED BY MELLOW, KURY, McKINNEY, SWEENEY, EARLY, ROSS AND
           HOLL, SEPTEMBER 27, 1977

        AS AMENDED ON THIRD CONSIDERATION, NOVEMBER 1, 1977

                                     AN ACT

     1  Amending Title 35 (Health and Safety) of the Pennsylvania
     2     Consolidated Statutes, adding provisions relating to disaster
     3     emergency services and making repeals.

     4                         TABLE OF CONTENTS
     5                              TITLE 35
     6                         HEALTH AND SAFETY
     7                PART V.  DISASTER EMERGENCY SERVICES
     8  Chapter 71.  General Provisions
     9     Subchapter A.  Preliminary Provisions
    10  § 7101.  Short title of part.
    11  § 7102.  Definitions.
    12  § 7103.  Purposes of part.
    13  § 7104.  Limitations.
    14     Subchapter B.  Interstate Civil Defense and Disaster Compact
    15  § 7111.  Interstate civil defense and disaster compact enacted.
    16  Chapter 73.  Commonwealth Services
    17     Subchapter A.  The Governor and Disaster Emergencies
    18  § 7301.  General authority of Governor.


     1  § 7302.  Temporary housing.
     2  § 7303.  Debris and wreckage removal.
     3  § 7304.  Community disaster loans.
     4  § 7305.  Individual and family assistance.
     5  § 7306.  Appropriation of Federal funds.
     6  § 7307.  Use and appropriation of unused Commonwealth funds.
     7     Subchapter B.  Office of Emergency Preparedness
     8  § 7311.  Establishment.
     9  § 7312.  Organization.
    10  § 7313.  Powers and duties.
    11  § 7314.  Utilization of existing services and facilities.
    12  Chapter 75.  Local Organizations and Services
    13     Subchapter A.  General Provisions
    14  § 7501.  General authority of political subdivisions.
    15  § 7502.  Local director of emergency preparedness.
    16  § 7503.  Powers and duties of political subdivisions.
    17  § 7504.  Coordination, assistance and mutual aid.
    18     Subchapter B.  Payment of Expenses
    19  § 7511.  Appropriations by political subdivisions.
    20  § 7512.  Law applicable to local organizations.
    21  § 7513.  Agreements among political subdivisions.
    22  § 7514.  Payments involving one political subdivision.
    23  § 7515.  Payments involving two or more political subdivisions.
    24  Chapter 77.  Miscellaneous Provisions
    25  § 7701.  Duties concerning disaster prevention.
    26  § 7702.  Acceptance of services, gifts, grants and loans.
    27  § 7703.  Interstate arrangements.
    28  § 7704.  Immunity from civil liability.
    29  § 7705.  Accidental injury or death benefits.
    30  § 7706.  Special powers of local agencies.
    19770S1104B1434                  - 2 -

     1     The General Assembly of the Commonwealth of Pennsylvania
     2  hereby enacts as follows:
     3     Section 1.  Title 35, act of November 25, 1970 (P.L.707,
     4  No.230), known as the Pennsylvania Consolidated Statutes, is
     5  amended by adding a part to read:
     6                              TITLE 35
     7                         HEALTH AND SAFETY
     8  Part
     9     V.  Disaster Emergency Services
    10                               PART V
    11                    DISASTER EMERGENCY SERVICES
    12  Chapter
    13     71.  General Provisions
    14     73.  Commonwealth Services
    15     75.  Local Organizations and Services
    16     77.  Miscellaneous Provisions
    17                             CHAPTER 71
    18                         GENERAL PROVISIONS
    19  Subchapter
    20     A.  Preliminary Provisions
    21     B.  Interstate Civil Defense and Disaster Compact
    22                            SUBCHAPTER A
    23                       PRELIMINARY PROVISIONS
    24  Sec.
    25  7101.  Short title of part.
    26  7102.  Definitions.
    27  7103.  Purposes of part.
    28  7104.  Limitations.
    29  § 7101.  Short title of part.
    30     This part shall be known and may be cited as the "Disaster
    19770S1104B1434                  - 3 -

     1  Emergency Services Code."
     2  § 7102.  Definitions.
     3     The following words and phrases when used in this part shall
     4  have, unless the context clearly indicates otherwise, the
     5  meanings given to them in this section:
     6     "Disaster."  A man-made disaster, natural disaster or war-
     7  caused disaster.
     8     "Emergency services."  The preparation for and the carrying
     9  out of functions, other than functions for which military forces
    10  are primarily responsible, to prevent, minimize and PROVIDE       <--
    11  EMERGENCY repair OF injury and damage resulting from disasters,   <--
    12  together with all other activities necessary or incidental to
    13  the preparation for and carrying out of those functions. The
    14  functions include, without limitation, firefighting services,
    15  police services, medical and health services, rescue,
    16  engineering, disaster warning services, communications,
    17  radiological, shelter, chemical and other special defense         <--
    18  weapons WEAPONS DEFENSE, evacuation of persons from stricken      <--
    19  areas, emergency welfare services, emergency transportation,
    20  emergency resources management, existing or properly assigned
    21  functions of plant protection, temporary restoration of public
    22  utility services and other functions related to civilian
    23  protection.
    24     "Local organization."  A local emergency preparedness
    25  organization.
    26     "Man-made disaster."  Any industrial, nuclear or
    27  transportation accident, explosion, conflagration, power
    28  failure, natural resource shortage or other condition, except
    29  enemy action, resulting from man-made causes, such as oil spills
    30  and other injurious environmental contamination, which threatens
    19770S1104B1434                  - 4 -

     1  or causes SUBSTANTIAL damage to property, human suffering,        <--
     2  hardship or loss of life.
     3     "Natural disaster."  Any hurricane, tornado, storm, flood,
     4  high water, wind-driven water, tidal wave, earthquake,
     5  landslide, mudslide, snowstorm, drought, fire, explosion or
     6  other catastrophe which results in SUBSTANTIAL damage to          <--
     7  property, hardship, suffering or possible loss of life.
     8     "Office" or "State office."  The Office of Emergency
     9  Preparedness.
    10     "Political subdivision."  Any county, city, borough,
    11  incorporated town or township.
    12     "War-caused disaster."  Any condition following an attack
    13  upon the United States resulting in substantial damage to
    14  property or injury to persons in the United States caused by use
    15  of bombs, missiles, shellfire, nuclear, radiological, chemical
    16  or biological means, or other weapons or overt paramilitary
    17  actions, or other conditions such as sabotage.
    18  § 7103.  Purposes of part.
    19     The purposes of this part are to:
    20         (1)  Reduce vulnerability of people and communities of
    21     this Commonwealth to damage, injury and loss of life and
    22     property resulting from disasters.
    23         (2)  Prepare for prompt and efficient rescue, care and
    24     treatment of persons victimized or threatened by disaster.
    25         (3)  Provide a setting conducive to the rapid and orderly
    26     start of restoration and rehabilitation of persons and
    27     property affected by disasters.
    28         (4)  Clarify and strengthen the roles of the Governor,
    29     Commonwealth agencies and local government in prevention of,
    30     preparation for, response to and recovery from disasters.
    19770S1104B1434                  - 5 -

     1         (5)  Authorize and provide for cooperation in disaster
     2     prevention, preparedness, response and recovery.
     3         (6)  Authorize and provide for coordination of activities
     4     relating to disaster prevention, preparedness, response and
     5     recovery by agencies and officers of this Commonwealth, and
     6     similar State-local and Federal-State activities in which the
     7     Commonwealth and its political subdivisions may participate.   <--
     8         (7)  Provide a disaster management system embodying all
     9     aspects of predisaster preparedness and postdisaster
    10     response.
    11         (8)  Assist in prevention of disaster caused or
    12     aggravated by inadequate planning for and regulation of
    13     public and private facilities and land use.
    14         (9)  Supplement, without in any way limiting, authority
    15     conferred by previous statutes of this Commonwealth and
    16     increase the capability of the Commonwealth and local
    17     agencies having responsibilities for civil defense to perform
    18     both civil defense and disaster services.
    19  § 7104.  Limitations.
    20     This part is not intended to:
    21         (1)  Interfere with the course or conduct of a labor
    22     dispute, except that actions otherwise authorized by this
    23     part or other laws may be taken when necessary to forestall
    24     or mitigate imminent or existing danger to public health or
    25     safety.
    26         (2)  Interfere with dissemination of news or comment on
    27     public affairs, except that any communications facility or
    28     organization (including but not limited to radio and
    29     television stations, wire services and newspapers) may be
    30     required to transmit or print public service messages
    19770S1104B1434                  - 6 -

     1     furnishing information or instructions in connection with a
     2     disaster emergency.
     3         (3)  Affect the jurisdiction or responsibilities of
     4     police forces, firefighting forces, units of the armed forces
     5     of the United States or of any personnel thereof when on
     6     active duty except that Commonwealth and local disaster
     7     emergency plans shall place reliance upon the forces
     8     available for performance of functions related to disaster
     9     emergencies.
    10         (4)  Limit, modify or abridge the authority of the
    11     Governor to proclaim martial law or exercise any other powers
    12     vested in him under the Constitution, statutes or common law
    13     of this Commonwealth independent of, or in conjunction with,
    14     any provisions of this part.
    15                            SUBCHAPTER B
    16           INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT
    17  Sec.
    18  7111.  Interstate civil defense and disaster compact enacted.
    19  § 7111.  Interstate civil defense and disaster compact enacted.
    20     The Interstate Civil Defense and Disaster Compact is hereby
    21  enacted into law and entered into with all jurisdictions legally
    22  joining therein in the form substantially as follows:
    23     Article 1.  The purpose of this compact is to provide mutual
    24  aid among the States in meeting any emergency or disaster from
    25  enemy attack or other cause (natural or otherwise), including
    26  sabotage and subversive acts and direct attacks by bombs,
    27  shellfire and atomic, radiological, chemical, bacteriological
    28  means and other weapons. The prompt, full and effective
    29  utilization of the resources of the respective States, including
    30  such resources as may be available from the United States
    19770S1104B1434                  - 7 -

     1  Government or any other source are essential to the safety, care
     2  and welfare of the people thereof in the event of enemy action
     3  or other emergency, and any other resources, including
     4  personnel, equipment or supplies, shall be incorporated into a
     5  plan or plans of mutual aid to be developed among the civil
     6  defense agencies or similar bodies of the States that are
     7  parties hereto. The directors of civil defense of all party
     8  States shall constitute a committee to formulate plans and to
     9  take all necessary steps for the implementation of this compact.
    10     Article 2.  It shall be the duty of each party State to
    11  formulate civil defense plans and programs for application
    12  within such State. There shall be frequent consultation between
    13  the representatives of the States and with the United States
    14  Government and the free exchange of information and plans,
    15  including inventories of any materials and equipment available
    16  for civil defense. In carrying out such civil defense plans and
    17  programs, the party States shall, so far as possible, provide
    18  and follow uniform standards, practices and rules and
    19  regulations including:
    20     (a)  Insignia, arm bands and any other distinctive articles
    21  to designate and distinguish the different civil defense
    22  services.
    23     (b)  Blackouts and practice blackouts, air raid drills,
    24  mobilization of civil defense forces, and other tests and
    25  exercises.
    26     (c)  Warnings and signals for drills or attacks and the
    27  mechanical devices to be used in connection therewith.
    28     (d)  The effective screening or extinguishing of all lights
    29  and lighting devices and appliances.
    30     (e)  Shutting off water mains, gas mains, electric power
    19770S1104B1434                  - 8 -

     1  connections, and the suspension of all other utility services.
     2     (f)  All materials or equipment used or to be used for civil
     3  defense purposes in order to assure that such materials and
     4  equipment will be easily and freely interchangeable when used in
     5  or by any other party State.
     6     (g)  The conduct of civilians and the movement and cessation
     7  of movement of pedestrians and vehicular traffic prior, during
     8  and subsequent to drills or attacks.
     9     (h)  The safety of public meetings or gatherings.
    10     (i)  Mobile support units.
    11     Article 3.  Any party State requested to render mutual aid
    12  shall take such action as is necessary to provide and make
    13  available the resources covered by this compact in accordance
    14  with the terms hereof: Provided, That it is understood that the
    15  State rendering aid may withhold resources to the extent
    16  necessary to provide reasonable protection for such State. Each
    17  party State shall extend to the civil defense forces of any
    18  other party State while operating within its State limits under
    19  the terms and conditions of this compact, the same powers
    20  (except that of arrest, unless specifically authorized by the
    21  receiving State), duties, rights, privileges and immunities as
    22  if they were performing their duties in the State in which
    23  normally employed or rendering services. Civil defense forces
    24  will continue under the command and control of their regular
    25  leaders but the organizational units will come under the
    26  operational control of the civil defense authorities of the
    27  State receiving assistance.
    28     Article 4.  Whenever any person holds a license, certificate
    29  or other permit issued by any State evidencing the meeting of
    30  qualifications for professional, mechanical or other skills,
    19770S1104B1434                  - 9 -

     1  such person may render aid involving such skill in any party
     2  State to meet an emergency or disaster and such State shall give
     3  due recognition to such license, certificate or other permit as
     4  if issued in the State in which aid is rendered.
     5     Article 5.  No party State or its officers or employees
     6  rendering aid in another State pursuant to this compact shall be
     7  liable on account of any act or omission in good faith on the
     8  part of such forces while so engaged or on account of the
     9  maintenance or use of any equipment or supplies in connection
    10  therewith.
    11     Article 6.  Inasmuch as it is probable that the pattern and
    12  detail of the machinery for mutual aid among two or more States
    13  may differ from that appropriate among other States party
    14  hereto, this instrument contains elements of a broad base common
    15  to all States and nothing herein contained shall preclude any
    16  State from entering into supplementary agreements with another
    17  State or States. Such supplementary agreements may comprehend
    18  but shall not be limited to provisions for evacuation and
    19  reception of injured and other persons and the exchange of
    20  medical, fire, police, public utility, reconnaissance, welfare,
    21  transportation and communications personnel, equipment and
    22  supplies.
    23     Article 7.  Each party State shall provide for the payment of
    24  compensation and death benefits to injured members of the civil
    25  defense forces of that State and the representatives of deceased
    26  members of such forces in case such members sustain injuries or
    27  are killed while rendering aid pursuant to this compact in the
    28  same manner and on the same terms as if the injury or death were
    29  sustained within such State.
    30     Article 8.  Any party State rendering aid in another State
    19770S1104B1434                 - 10 -

     1  pursuant to this compact shall be reimbursed by the party State
     2  receiving such aid for any loss or damage to or expense incurred
     3  in the operation of any equipment answering a request for aid
     4  and for the cost incurred in connection with such requests:
     5  Provided, That any aiding party State may assume in whole or in
     6  part such loss, damage, expense or other cost, or may loan such
     7  equipment or donate such services to the receiving party State
     8  without charge or cost: and, Provided further, That any two or
     9  more party States may enter into supplementary agreements
    10  establishing a different allocation of costs as among those
    11  States. The United States Government may relieve the party State
    12  receiving aid from any liability and reimburse the party State
    13  supplying civil defense forces for the compensation paid to and
    14  the transportation, subsistence and maintenance expenses of such
    15  forces during the time of the rendition of such aid or
    16  assistance outside the State and may also pay fair and
    17  reasonable compensation for the use or utilization of the
    18  supplies, materials, equipment or facilities so utilized or
    19  consumed.
    20     Article 9.  Plans for the orderly evacuation and reception of
    21  the civilian population as the result of an emergency or
    22  disaster shall be worked out from time to time between
    23  representatives of the party States and the various local civil
    24  defense areas thereof. Such plans shall include the manner of
    25  transporting such evacuees, the number of evacuees to be
    26  received in different areas, the manner in which food, clothing,
    27  housing, and medical care will be provided, the registration of
    28  the evacuees, the providing of facilities for the notification
    29  of relatives or friends and the forwarding of such evacuees to
    30  other areas, or the bringing in of additional materials,
    19770S1104B1434                 - 11 -

     1  supplies and all other relevant factors. Such plans shall
     2  provide that the party State receiving evacuees shall be
     3  reimbursed generally for the out-of-pocket expenses incurred in
     4  receiving and caring for such evacuees, for expenditures for
     5  transportation, food, clothing, medicines and medical care and
     6  like items. Such expenditures shall be reimbursed by the party
     7  State of which the evacuees are residents or by the United
     8  States Government under plans approved by it. After the
     9  termination of the emergency or disaster the party State of
    10  which the evacuees are resident shall assume the responsibility
    11  for the ultimate support or repatriation of such evacuees.
    12     Article 10.  This compact shall be available to any State,
    13  territory or possession of the United States and the District of
    14  Columbia. The term "State" may also include any neighboring
    15  foreign country or province or state thereof.
    16     Article 11.  The committee established pursuant to Article 1
    17  of this compact may request the Civil Defense Agency of the
    18  United States Government to act as an informational and
    19  coordinating body under this compact and representatives of such
    20  agency of the United States Government may attend meetings of
    21  such committee.
    22     Article 12.  This compact shall become operative immediately
    23  upon its ratification by any State as between it and any other
    24  State or States so ratifying, and shall be subject to approval
    25  by Congress unless prior Congressional approval has been given.
    26  Duly authenticated copies of this compact and of such
    27  supplementary agreements as may be entered into shall, at the
    28  time of their approval, be deposited with each of the party
    29  States and with the Civil Defense Agency and other appropriate
    30  agencies of the United States Government.
    19770S1104B1434                 - 12 -

     1     Article 13.  This compact shall continue in force and remain
     2  binding on each party State until the Legislature or the
     3  Governor of such party State takes action to withdraw therefrom.
     4  Such action shall not be effective until 30 days after notice
     5  thereof has been sent by the Governor of the party State
     6  desiring to withdraw to the Governors of all other party States.
     7     Article 14.  This compact shall be construed to effectuate
     8  the purposes stated in Article 1. If any provision of this
     9  compact is declared unconstitutional or the applicability
    10  thereof to any person or circumstance is held invalid, the
    11  constitutionality of the remainder of this compact and the
    12  applicability thereof to other persons and circumstances shall
    13  not be affected thereby.
    14                             CHAPTER 73
    15                       COMMONWEALTH SERVICES
    16  Subchapter
    17     A.  The Governor and Disaster Emergencies
    18     B.  Office of Emergency Preparedness
    19                            SUBCHAPTER A
    20               THE GOVERNOR AND DISASTER EMERGENCIES
    21  Sec.
    22  7301.  General authority of Governor.
    23  7302.  Temporary housing.
    24  7303.  Debris and wreckage removal.
    25  7304.  Community disaster loans.
    26  7305.  Individual and family assistance.
    27  7306.  Appropriation of Federal funds.
    28  7307.  Use and appropriation of unused Commonwealth funds.
    29  § 7301.  General authority of Governor.
    30     (a)  Responsibility to meet disasters.--The Governor is
    19770S1104B1434                 - 13 -

     1  responsible for meeting the dangers to this Commonwealth and
     2  people presented by disasters.
     3     (b)  Executive orders, proclamations and regulations.--Under
     4  this part, the Governor may issue, amend and rescind executive
     5  orders, proclamations and regulations which shall have the force
     6  and effect of law.
     7     (c)  Declaration of disaster emergency.--A disaster emergency
     8  shall be declared by executive order or proclamation of the
     9  Governor upon finding that a disaster has occurred or that the
    10  occurrence or the threat of a disaster is imminent. The state of
    11  disaster emergency shall continue until the Governor finds that
    12  the threat or danger has passed or the disaster has been dealt
    13  with to the extent that emergency conditions no longer exist and
    14  terminates the state of disaster emergency by executive order or
    15  proclamation, but no state of disaster emergency may continue
    16  for longer than 30 90 days unless renewed by the Governor. The    <--
    17  General Assembly by concurrent resolution may terminate a state
    18  of disaster emergency at any time. Thereupon, the Governor shall
    19  issue an executive order or proclamation ending the state of
    20  disaster emergency. All executive orders or proclamations issued
    21  under this subsection shall indicate the nature of the disaster,
    22  the area or areas threatened and the conditions which have
    23  brought the disaster about or which make possible termination of
    24  the state of disaster emergency. An executive order or
    25  proclamation shall be disseminated promptly by means calculated
    26  to bring its contents to the attention of the general public
    27  and, unless the circumstances attendant upon the disaster
    28  prevent or impede, shall be promptly filed with the Office of
    29  Emergency Preparedness.
    30     (d)  Activation of disaster response.--An executive order or
    19770S1104B1434                 - 14 -

     1  proclamation of a state of disaster emergency shall activate the
     2  disaster response and recovery aspects of the Commonwealth and
     3  local disaster emergency plans applicable to the political
     4  subdivision or area in question and shall be authority for the
     5  deployment and use of any forces to which the plan or plans
     6  apply and for use or distribution of any supplies, equipment and
     7  materials and facilities assembled, stockpiled or arranged to be
     8  made available pursuant to this part or any other provision of
     9  law relating to disaster emergencies.
    10     (e)  Commander in Chief of military forces.--During the
    11  continuance of any state of disaster emergency, the Governor is
    12  commander in chief of the Pennsylvania military forces. To the
    13  greatest extent practicable, the Governor shall delegate or
    14  assign command authority by prior arrangement embodied in
    15  appropriate executive orders or regulations, but this does not
    16  restrict the authority of the Governor to do so by orders issued
    17  at the time of the disaster emergency.
    18     (f)  Additional powers.--In addition to any other powers
    19  conferred upon the Governor by law, the Governor may:
    20         (1)  Suspend the provisions of any regulatory statute
    21     prescribing the procedures for conduct of Commonwealth
    22     business, or the orders, rules or regulations of any
    23     Commonwealth agency, if strict compliance with the provisions
    24     of any statute, order, rule or regulation would in any way
    25     prevent, hinder or delay necessary action in coping with the
    26     emergency.
    27         (2)  Utilize all available resources of the Commonwealth
    28     Government and each political subdivision of this
    29     Commonwealth as reasonably necessary to cope with the
    30     disaster emergency.
    19770S1104B1434                 - 15 -

     1         (3)  Transfer the direction, personnel or functions of
     2     Commonwealth agencies or units thereof for the purpose of
     3     performing or facilitating emergency services.
     4         (4)  Subject to any applicable requirements for
     5     compensation under section 7313(11) (relating to powers and
     6     duties), commandeer or utilize any private property if
     7     necessary to cope with the disaster emergency.
     8         (5)  Direct and compel the evacuation of all or part of
     9     the population from any stricken or threatened area within
    10     this Commonwealth if this action is necessary for the
    11     preservation of life or other disaster mitigation, response
    12     or recovery.
    13         (6)  Prescribe routes, modes of transportation and
    14     destinations in connection with evacuation.
    15         (7)  Control ingress and egress to and from a disaster
    16     area, the movement of persons within the area and the
    17     occupancy of premises therein.
    18         (8)  Suspend or limit the sale, dispensing or
    19     transportation of alcoholic beverages, firearms, explosives
    20     and combustibles.
    21  § 7302.  Temporary housing.
    22     (a)  Authority of Governor.--Whenever the Governor has
    23  proclaimed a disaster emergency under this part, or the
    24  President has declared an emergency or a major disaster to exist
    25  in this Commonwealth, the Governor is authorized:
    26         (1)  To enter into purchase, lease or other arrangements
    27     with any Federal agency for temporary housing units to be
    28     occupied by disaster victims and to make the units available
    29     to any political subdivision of this Commonwealth.
    30         (2)  To assist any political subdivision of this
    19770S1104B1434                 - 16 -

     1     Commonwealth which is the locus of temporary housing for
     2     disaster victims to acquire sites necessary for such
     3     temporary housing and to do all things required to prepare
     4     such sites to receive and utilize temporary housing units by:
     5             (i)  advancing or lending funds available to the
     6         Governor from any appropriation made by the General
     7         Assembly or from any other source;
     8             (ii)  "passing through" funds made available by any
     9         agency, public or private; or
    10             (iii)  becoming a copartner with the political
    11         subdivision for the execution and performance of any
    12         temporary housing for disaster victims project;
    13     and for such purposes to pledge the credit of the
    14     Commonwealth on such terms as the Governor deems appropriate
    15     having due regard for current debt transactions of the
    16     Commonwealth.
    17         (3)  Under such regulations as the Governor shall
    18     prescribe, to temporarily suspend or modify for not to exceed
    19     60 days any public health, safety, zoning, transportation
    20     (within or across this Commonwealth) or other requirement of
    21     statute or regulation within this Commonwealth when by
    22     proclamation the Governor deems the suspension or
    23     modification essential to provide temporary housing for
    24     disaster victims.
    25     (b)  Acquisition of sites by political subdivisions.--Any
    26  political subdivision of this Commonwealth is expressly
    27  authorized to acquire, temporarily or permanently, by purchase,
    28  lease or otherwise, sites required for installation of temporary
    29  housing units for disaster victims, and to enter into whatever
    30  arrangements (including purchase of temporary housing units and
    19770S1104B1434                 - 17 -

     1  payment of transportation charges) which are necessary to
     2  prepare or equip the sites to utilize the housing units.
     3     (c)  Construction of section.--This section does not limit
     4  the authority of the Governor to apply for, administer and
     5  expend any grants, gifts or payments in aid of disaster
     6  prevention, preparedness, response or recovery.
     7     (d)  Definitions.--As used in this section "major disaster,"
     8  "emergency" and "temporary housing" shall have the same meanings
     9  as defined or used in the Federal Disaster Relief Act of 1974
    10  (Public Law 93-288, 42 U.S.C. § 5121 et seq.).
    11  § 7303.  Debris and wreckage removal.
    12     (a)  Authority of Governor.--Whenever the Governor has
    13  declared a disaster emergency to exist under this part, or the
    14  President, at the request of the Governor, has declared a major
    15  disaster or emergency to exist in this Commonwealth, the
    16  Governor is authorized:
    17         (1)  Notwithstanding any other provision of law, through
    18     the use of Commonwealth agencies or instrumentalities, to
    19     clear or remove from publicly or privately owned land or
    20     water, debris and wreckage which may threaten public health
    21     or safety, or public or private property.
    22         (2)  To accept funds from the Federal Government and
    23     utilize the funds to make grants to any political subdivision
    24     for the purpose of removing debris or wreckage from publicly
    25     or privately owned land or water.
    26     (b)  Authorization and indemnification by affected agencies    <--
    27  and persons.--Authority under this section shall not be
    28  exercised unless the affected political subdivision,
    29  corporation, organization or individual first presents an
    30  unconditional authorization for removal of the debris or
    19770S1104B1434                 - 18 -

     1  wreckage from public and private property and, in the case of
     2  removal of debris or wreckage from private property, first
     3  agrees to indemnify the Commonwealth against any claim arising
     4  from such removal.
     5     (c) (B)  Authority of Commonwealth personnel.--Whenever the    <--
     6  Governor provides for clearance of debris or wreckage pursuant
     7  to subsection (a), employees of the designated Commonwealth
     8  agencies or individuals appointed by the Commonwealth are
     9  authorized to enter upon private land or waters and perform any
    10  tasks necessary to the removal or clearance operation.
    11     (d) (C)  Nonliability of Commonwealth personnel.--Except in    <--
    12  cases of willful misconduct, gross negligence or bad faith, any
    13  Commonwealth employee or agent complying with and performing
    14  duties pursuant to orders of the Governor under this section
    15  shall not be liable for death of or injury to persons or damage
    16  to property.
    17  § 7304.  Community disaster loans.
    18     Whenever, at the request of the Governor, the President has
    19  declared a major disaster to exist in this Commonwealth, the
    20  Governor is authorized:
    21         (1)  Upon determining that a political subdivision of
    22     this Commonwealth will suffer a substantial loss of tax and
    23     other revenues from a major disaster and has demonstrated a
    24     need for financial assistance to perform its governmental
    25     functions, to apply to the Federal Government, on behalf of
    26     the political subdivision, for a loan and to receive and
    27     disburse the proceeds of any approved loan to any applicant
    28     political subdivision.
    29         (2)  To determine the amount needed by any applicant
    30     political subdivision to restore or resume its governmental
    19770S1104B1434                 - 19 -

     1     functions and to certify the amount to the Federal
     2     Government. No application amount shall exceed 25% of the
     3     annual operating budget of the applicant for the fiscal year
     4     in which the major disaster occurs.
     5         (3)  After review, recommend to the Federal Government
     6     the cancellation of all or any part of repayment when, in the
     7     first three full fiscal-year periods following the major
     8     disaster, the revenues of the political subdivision are
     9     insufficient to meet its operating expenses including
    10     additional disaster-related expenses of a municipal operation
    11     character.
    12  § 7305.  Individual and family assistance.
    13     (a)  Grants by Federal Government.--Whenever the President,
    14  at the request of the Governor, has declared a major disaster to
    15  exist in this Commonwealth, the Governor is authorized:
    16         (1)  Upon determining that assistance under the Federal
    17     Disaster Relief Act of 1974 (Public Law 93-288, 42 U.S.C. §
    18     5121 et seq.), and from other means is insufficient to meet
    19     the disaster-related necessary expenses or serious needs of
    20     individuals or families adversely affected by a major
    21     disaster, to accept a grant from the Federal Government for
    22     the purpose of meeting the expenses or needs of disaster
    23     victims, subject to any terms and conditions imposed upon the
    24     grant.
    25         (2)  To enter into an agreement with the Federal
    26     Government or any Federal agency or officer pledging the
    27     Commonwealth to participate in the funding of the assistance
    28     authorized in paragraph (1) in an amount not to exceed 25%
    29     thereof and, if Commonwealth funds are not otherwise
    30     available to the Governor, to accept an advance of the
    19770S1104B1434                 - 20 -

     1     Commonwealth share from the Federal Government to be repaid
     2     when the Commonwealth is able to do so.
     3     (b)  Grants by Governor.--Notwithstanding any other provision
     4  of statute or regulation, the Governor is authorized to make
     5  grants to meet disaster-related necessary expenses or serious
     6  needs of individuals or families adversely affected by a major
     7  disaster. Any grant shall not exceed $5,000 in the aggregate to
     8  an individual or family in any single major disaster declared by
     9  the President.
    10     (c)  Penalty for false application.--Any person who
    11  fraudulently or willfully makes a misstatement of fact in
    12  connection with an application for assistance under this section
    13  shall be guilty of a misdemeanor of the third degree.
    14  § 7306.  Appropriation of Federal funds.
    15     All moneys received from the Federal Government for the
    16  purpose of disaster assistance or relief, including assistance
    17  as specified under sections 7302 (relating to temporary
    18  housing), 7303 (relating to debris and wreckage removal) and
    19  7304 (relating to community disaster loans), shall be paid into
    20  the General Fund and are hereby appropriated out of the General
    21  Fund to the departments, boards, commissions or agencies
    22  designated by the Governor or to the extent specified in the
    23  respective sections.
    24  § 7307.  Use and appropriation of unused Commonwealth funds.
    25     Whenever the Governor has declared a disaster emergency, he
    26  may transfer any unused funds which may have been appropriated
    27  for the ordinary expenses of the Commonwealth Government in the
    28  General Fund to such Commonwealth agencies as the Governor may
    29  direct to be expended for relief of disaster in such manner as
    30  the Governor shall approve, and the funds are hereby
    19770S1104B1434                 - 21 -

     1  appropriated to the Governor for such purposes. The total of
     2  such transfers shall not exceed $5,000,000 in any one year
     3  except by action of the General Assembly.
     4                            SUBCHAPTER B
     5                  OFFICE OF EMERGENCY PREPAREDNESS
     6  Sec.
     7  7311.  Establishment.
     8  7312.  Organization.
     9  7313.  Powers and duties.
    10  7314.  Utilization of existing services and facilities.
    11  § 7311.  Establishment.
    12     There is hereby established the Office of Emergency
    13  Preparedness to assist in the direction, control and
    14  coordination of disaster emergency services.
    15  § 7312.  Organization.
    16     (a)  Composition, chairman and quorum.--The authority of the
    17  office shall be exercised by the Governor ex officio, Lieutenant
    18  Governor, Adjutant General, Secretary of Health, Auditor          <--
    19  ATTORNEY General, Secretary of Community Affairs, Speaker of the  <--
    20  House of Representatives, President pro tempore of the Senate,
    21  Minority Leader of the Senate, Minority Leader of the House of
    22  Representatives, Commissioner of the Pennsylvania State Police,
    23  Secretary of Environmental Resources, Secretary of
    24  Transportation and Secretary of Public Welfare. The Speaker of
    25  the House of Representatives, President pro tempore of the
    26  Senate, Minority Leader of the Senate and Minority Leader of the
    27  House of Representatives may authorize a member of their
    28  respective Houses of the General Assembly to serve in their
    29  stead. They shall elect THE GOVERNOR SHALL APPOINT a chairman     <--
    30  from the membership and five members shall constitute a quorum.
    19770S1104B1434                 - 22 -

     1     (b)  Compensation and expenses.--The members shall serve
     2  without compensation but may be reimbursed for their actual and
     3  necessary traveling and other expenses incurred in connection
     4  with attendance at meetings.
     5     (c)  Appointment of personnel and expenditure of funds.--The
     6  members may employ a Director of Emergency Preparedness and such
     7  technical, clerical, stenographic and other personnel, fix their
     8  compensation and may make such expenditures within the
     9  appropriation therefor or other funds made available to the
    10  office as are necessary to carry out the purposes of this part.
    11     (d)  Space, equipment and supplies.--The office shall be
    12  provided with appropriate space, furniture, equipment, supplies,
    13  stationery and printing in the same manner as other Commonwealth
    14  agencies are supplied. REQUIRED COMMUNICATIONS CAPABILITY SHALL   <--
    15  BE PROVIDED AND SPECIAL CONSIDERATION SHALL BE GIVEN TO BLAST
    16  AND FALLOUT PROTECTION TO PERMIT EXTENDED OPERATIONS.
    17  § 7313.  Powers and duties.
    18     The office shall have the following powers and duties:
    19         (1)  To prepare, maintain and keep current a Commonwealth
    20     Emergency Preparedness Plan for the prevention and
    21     minimization of injury and damage caused by disaster, prompt
    22     and effective response to disaster and disaster emergency
    23     relief and recovery. The plan may include provisions for:
    24             (i)  Preparedness standards established by the
    25         Federal Civil Defense DEFENSE CIVIL Preparedness Agency.   <--
    26             (ii)  Commonwealth and local disaster emergency
    27         preparedness responsibilities.
    28             (iii)  Assistance to Commonwealth and local
    29         government officials in designing emergency preparedness
    30         plans and training programs.
    19770S1104B1434                 - 23 -

     1             (iv)  Organization of manpower, chains of command,
     2         continuity of government in emergency situations and
     3         emergency operational principles.
     4             (v)  Coordination of Federal, Commonwealth and local
     5         disaster emergency preparedness activities.
     6             (vi)  Coordination of the Commonwealth Emergency
     7         Preparedness Plan with the disaster plans of the Federal
     8         Government and those of other states.
     9             (vii)  Assistance to the Commonwealth and local
    10         governments in obtaining, utilizing and managing Federal
    11         and Commonwealth disaster assistance.
    12             (viii)  Supply to appropriate Commonwealth and local
    13         officials State catalogs of Federal, Commonwealth and
    14         private assistance programs.
    15             (ix)  Identification of areas particularly vulnerable
    16         to disasters.
    17             (x)  Recommendations for zoning, building and other
    18         land-use controls; safety measures pertaining to
    19         nonpermanent or semipermanent structures; resource
    20         conservation and allocation; and other preventive and
    21         preparedness measures designed to eliminate or reduce
    22         disasters or their impact.
    23             (xi)  Authorization and procedures for the erection
    24         or other construction of temporary works designed to
    25         protect against or mitigate danger, damage or loss from
    26         flood, conflagration or other disaster.
    27         (2)  To establish, equip and staff Commonwealth and area
    28     emergency operations centers and provide a system of disaster
    29     communications integrated with those of Federal, Commonwealth
    30     and local agencies involved in disaster emergency operations.
    19770S1104B1434                 - 24 -

     1         (3)  To promulgate, adopt and enforce such rules,
     2     regulations and orders as may be deemed necessary to carry
     3     out the provisions of this part.
     4         (4)  To provide technical advice and assistance to
     5     Commonwealth agencies and political subdivisions in the
     6     preparation of disaster emergency preparedness plans or
     7     components thereof and to periodically review such plans and
     8     suggest or require revisions.
     9         (5)  To establish and operate or assist political
    10     subdivisions in establishing and operating training programs
    11     and programs of public information.
    12         (6)  To supply appropriate Commonwealth and local
    13     agencies and officials and the general public with
    14     precautionary notices, watches and warnings relating to
    15     actual and potential disasters and to provide a flow of
    16     official information and instructions to the general public
    17     through all means available before, during and after an
    18     emergency.
    19         (7)  To provide emergency direction and control of
    20     Commonwealth and local emergency operations.
    21         (8)  To determine the need for, maintain information
    22     regarding and procure materials, supplies, equipment,
    23     facilities and services necessary for disaster emergency
    24     readiness, response and recovery.
    25         (9)  To provide for mobile support units.
    26         (10)  To make or request of Commonwealth or local
    27     agencies and officials, studies, surveys and reports as are
    28     necessary to carry out the purposes of this part.
    29         (11)  To plan and make arrangements for the availability
    30     and use of any private facilities, services and property and,
    19770S1104B1434                 - 25 -

     1     if necessary and if in fact used, provide for payment for use
     2     under terms and conditions agreed upon.
     3         (12)  To prepare, for issuance by the Governor, executive
     4     orders, proclamations and regulations as necessary or
     5     appropriate in coping with disasters.
     6         (13)  To cooperate with the Federal Government and any
     7     public or private agency or entity in achieving any purpose
     8     of this part and in implementing programs for disaster
     9     prevention, preparation, response and recovery.
    10         (14)  TO ADMINISTER GRANT PROGRAMS TO POLITICAL            <--
    11     SUBDIVISIONS FOR DISASTER PREPAREDNESS.
    12         (14) (15)  To accept and coordinate assistance provided    <--
    13     by Federal agencies in major disasters in accordance with the
    14     provisions of the Federal Disaster Relief Act of 1974 (Public
    15     Law 93-288, 42 U.S.C. § 5121 et seq.), or any amendment or
    16     reenactment thereof.
    17         (15) (16)  To respond to disaster relating to atomic       <--
    18     energy operations or radioactive objects or materials. Any
    19     such action taken and any regulations adopted by the office
    20     shall be inapplicable to any objects or materials possessing
    21     a radiation-producing capacity less than that set forth as
    22     the maximum safety limit by the standards endorsed and as may
    23     be subsequently endorsed by the United States Nuclear
    24     Regulatory Commission for the protection of life and property
    25     and the maintenance of health and safety.
    26         (16) (17)  To take other action necessary, incidental or   <--
    27     appropriate for the implementation of this part.
    28  § 7314.  Utilization of existing services and facilities.
    29     In order to avoid duplication of services and facilities, the
    30  office shall utilize the services and facilities of existing
    19770S1104B1434                 - 26 -

     1  officers, offices, departments, commissions, boards, bureaus,
     2  institutions and other agencies of the Commonwealth and of the
     3  political subdivisions thereof. These officers and agencies
     4  shall cooperate with and extend their services and facilities to
     5  the office as requested.
     6                             CHAPTER 75
     7                  LOCAL ORGANIZATIONS AND SERVICES
     8  Subchapter
     9     A.  General Provisions
    10     B.  Payment of Expenses
    11                            SUBCHAPTER A
    12                         GENERAL PROVISIONS
    13  Sec.
    14  7501.  General authority of political subdivisions.
    15  7502.  Local director of emergency preparedness.
    16  7503.  Powers and duties of political subdivisions.
    17  7504.  Coordination, assistance and mutual aid.
    18  § 7501.  General authority of political subdivisions.
    19     (a)  Establishing disaster emergency preparedness
    20  organization.--Each political subdivision of this Commonwealth
    21  is directed and authorized to establish a local emergency
    22  preparedness organization in accordance with the plan and
    23  program of the State Office of Emergency Preparedness. Each
    24  local organization shall have responsibility for disaster
    25  emergency preparedness, response and recovery within the
    26  territorial limits of the political subdivision within which it
    27  is organized and, in addition, shall conduct such services
    28  outside of its jurisdictional limits as may be required under
    29  this part.
    30     (b)  Declaration of disaster emergency.--A local disaster
    19770S1104B1434                 - 27 -

     1  emergency may be declared by the governing body of a political
     2  subdivision upon finding a disaster has occurred or is imminent.
     3  The governing body of a political subdivision may authorize the
     4  mayor or other chief executive officer to declare a local
     5  disaster emergency subject to ratification by the governing
     6  body. The declaration shall not be continued or renewed for a
     7  period in excess of seven days except by or with the consent of
     8  the governing body of the political subdivision. Any order or
     9  proclamation declaring, continuing or terminating a local
    10  disaster emergency shall be given prompt and general publicity
    11  and shall be filed promptly with the State office. The effect of
    12  a declaration of a local disaster emergency is to activate the
    13  response and recovery aspects of any and all applicable local
    14  emergency preparedness plans and to authorize the furnishing of
    15  aid and assistance thereunder.
    16     (c)  Contracts and obligations.--In carrying out the
    17  provisions of this part, each political subdivision shall have
    18  the power to enter into contracts and incur obligations
    19  necessary to disaster emergency preparedness, response and
    20  recovery.
    21     (d)  Temporary suspension of formal requirements.--Each
    22  political subdivision included in a declaration of disaster
    23  emergency is authorized pursuant to section 7301(c) (relating to
    24  general authority of Governor) to exercise the powers vested
    25  under this section in the light of the exigencies of the
    26  emergency situation without regard to time-consuming procedures
    27  and formalities prescribed by law (excepting mandatory
    28  constitutional requirements) pertaining to the performance of
    29  public work, entering into contracts, the incurring of
    30  obligations, the employment of temporary workers, the rental of
    19770S1104B1434                 - 28 -

     1  equipment, the purchase of supplies and materials, the levying
     2  of taxes and the appropriation and expenditure of public funds.
     3     (E)  EMPLOYMENT OF PERSONNEL.--IN ORDER TO MEET PRESCRIBED     <--
     4  REQUIREMENTS FOR ELIGIBILITY TO RECEIVE FEDERAL CONTRIBUTIONS
     5  AUTHORIZED UNDER THE PROVISIONS OF THE FEDERAL CIVIL DEFENSE ACT
     6  OF 1950 (64 STAT. 1245, 50 U.S.C. APP. §2251 ET SEQ.) OR ANY
     7  AMENDMENT OR REENACTMENT THEREOF, POLITICAL SUBDIVISIONS ARE
     8  AUTHORIZED TO AVAIL THEMSELVES OF SERVICES OFFERED BY THE STATE
     9  CIVIL SERVICE COMMISSION UNDER THE PROVISIONS OF THE ACT OF
    10  AUGUST 5, 1941 (P.L.752, NO.286), KNOWN AS THE "CIVIL SERVICE
    11  ACT," IN CONNECTION WITH THE EMPLOYMENT OF PERSONNEL IN LOCAL
    12  ORGANIZATIONS ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS
    13  PART.
    14  § 7502.  Local director of emergency preparedness.
    15     (a)  General rule.--Each local organization for disaster
    16  emergency preparedness shall have a director who shall be
    17  responsible for the planning, administration and operation of
    18  the local organization subject to the direction and control of
    19  the executive officer or governing body.
    20     (b)  Appointment.--The director shall be appointed by the
    21  Governor upon the recommendation of the executive officer or
    22  governing body of the political subdivision. A full-time
    23  director shall be employed in each county. and in each other      <--
    24  political subdivision or joint arrangement serving a population
    25  of 25,000 or more. Upon the failure of the executive officer or
    26  governing body of a political subdivision to make a
    27  recommendation to the Governor of a candidate for director
    28  within the time fixed by the Governor, the Governor is
    29  authorized to appoint a director without any recommendation. A
    30  candidate for director for two or more political subdivisions
    19770S1104B1434                 - 29 -

     1  may be recommended to the Governor for appointment upon
     2  agreement by resolution of the governing bodies of such
     3  political subdivisions. ANY OTHER LAW NOTWITHSTANDING, A LOCAL    <--
     4  GOVERNMENT OFFICIAL MAY BE RECOMMENDED FOR APPOINTMENT.
     5     (c)  Qualifications.--A director shall be professionally
     6  competent and capable of planning, effecting coordination among
     7  operating agencies of government and controlling coordinated
     8  operations by local emergency preparedness forces. He shall be
     9  assigned no duties in conflict with the primary duty of
    10  director.
    11     (d)  In-service training.--
    12         (1)  Each appointed director shall:
    13             (i)  Attend and successfully complete a basic
    14         emergency preparedness seminar as prescribed by the State
    15         office within one year after appointment.
    16             (ii)  Attend and successfully complete an advanced
    17         emergency preparedness seminar as prescribed by the State
    18         office within three years after appointment.
    19             (iii)  Attend and successfully complete training
    20         conferences called by the official having responsibility
    21         for providing the director with in-service training.
    22             (iv)  Failure to attend the basic and advanced
    23         seminars or failure to attend a prescribed training
    24         conference for a period of two consecutive years shall be
    25         cause for replacement.
    26         (2)  Responsibility for the professional in-service
    27     training of each director rests with each successive higher
    28     political subdivision than the one in which the director is
    29     functioning.
    30     (e)  Expenses.--Each appointed director shall be reimbursed
    19770S1104B1434                 - 30 -

     1  for actual expenses incurred in the performance of his duties
     2  and attendance at scheduled meetings.
     3  § 7503.  Powers and duties of political subdivisions.
     4     Each political subdivision shall:
     5         (1)  Prepare, maintain and keep current a disaster
     6     emergency preparedness plan for the prevention and
     7     minimization of injury and damage caused by disaster, prompt
     8     and effective response to disaster and disaster emergency
     9     relief and recovery in consonance with the Commonwealth
    10     Emergency Preparedness Plan.
    11         (2)  Establish, equip and staff an emergency operations
    12     center, provide communications to support government
    13     operations in emergencies and provide other essential
    14     facilities and equipment for agencies and activities assigned
    15     emergency functions.
    16         (3)  Provide individual and organizational training
    17     programs to insure prompt, efficient and effective disaster
    18     emergency services.
    19         (4)  Organize, prepare and coordinate all locally
    20     available manpower, materials, supplies, equipment,
    21     facilities and services necessary for disaster emergency
    22     readiness, response and recovery.
    23         (5)  Adopt and implement precautionary measures to
    24     mitigate the anticipated effects of disaster.
    25         (6)  Execute and enforce such rules and orders as the
    26     State office shall adopt and promulgate under the authority
    27     of this part.
    28         (7)  Cooperate and coordinate with any public and private
    29     agency or entity in achieving any purpose of this part.
    30         (8)  Have available for inspection at its emergency
    19770S1104B1434                 - 31 -

     1     operations center all disaster emergency plans, rules and
     2     orders of the Governor and the State office.
     3         (9)  Provide prompt and accurate information regarding
     4     local disaster emergencies to appropriate Commonwealth and
     5     local officials and agencies and the general public.
     6  § 7504.  Coordination, assistance and mutual aid.
     7     (a)  Responsibility for direction and coordination.--
     8  Direction of disaster emergency services is the responsibility
     9  of the lowest level of government affected. When two or more
    10  political subdivisions within a county are affected, the county
    11  organization shall exercise responsibility for coordination and
    12  support to the area of operations. When two or more counties are
    13  involved, coordination shall be provided by the State office or
    14  by area organizations established by the State office.
    15     (b)  Assistance from higher government unit.--When all
    16  appropriate locally available forces and resources are fully
    17  committed by the affected political subdivision, assistance from
    18  a higher level of government shall be provided.
    19     (c)  Municipal mutual aid agreements.--County and local
    20  directors of emergency preparedness shall develop mutual aid
    21  agreements with adjacent political subdivisions for reciprocal
    22  emergency assistance. The agreements shall be consistent with
    23  the plans and programs of the State office. In disaster
    24  emergencies, requests for mutual aid assistance shall be
    25  referred to the organization having responsibility for
    26  coordination as specified in subsection (a) and in time of
    27  emergency it shall be the duty of each local organization to
    28  render assistance in accordance with the provisions of the
    29  mutual aid agreements.
    30     (d)  Interstate mutual aid arrangements.--The director of
    19770S1104B1434                 - 32 -

     1  each local organization may, subject to approval of the
     2  Governor, enter into mutual aid arrangements with similar
     3  agencies or organizations in other states for reciprocal
     4  disaster emergency services.
     5     (e)  Control of outside support forces.--Support forces
     6  furnished political subdivisions from outside its jurisdiction
     7  shall be under the operational control of the department, agency
     8  or office furnishing the force.
     9                            SUBCHAPTER B
    10                        PAYMENT OF EXPENSES
    11  Sec.
    12  7511.  Appropriations by political subdivisions.
    13  7512.  Law applicable to local organizations.
    14  7513.  Agreements among political subdivisions.
    15  7514.  Payments involving one political subdivision.
    16  7515.  Payments involving two or more political subdivisions.
    17  § 7511.  Appropriations by political subdivisions.
    18     (a)  General rule.--Every political subdivision shall have
    19  the power to make appropriations for the payment of expenses of
    20  the local organization in the manner provided by law for making
    21  appropriations for the ordinary expenses of the political
    22  subdivision. In making appropriations, the political subdivision
    23  shall specify the amounts and purposes for which the moneys
    24  appropriated may be used by the organization to or for which
    25  such appropriation may be made.
    26     (b)  Two or more local organizations.--Nothing in this
    27  subchapter or any other provision of this part shall be deemed
    28  to limit the power of any political subdivision to appropriate
    29  money for the purpose of paying the expenses of a local
    30  organization having jurisdiction both within and without the
    19770S1104B1434                 - 33 -

     1  political subdivision even though an appropriation has been or
     2  is to be made to another local organization coterminous with or
     3  having jurisdiction within the political subdivision. Payments
     4  on account of an appropriation under this subsection shall be
     5  made pursuant to an agreement under section 7513 (relating to
     6  agreements among political subdivisions) or in the form of a
     7  gift or grant to the political subdivision responsible in the
     8  first instance for the payment of bills and claims against the
     9  local organization for the payment of the expenses for which the
    10  appropriation was made.
    11  § 7512.  Law applicable to local organizations.
    12     (a)  General rule.--Where the jurisdiction of the local
    13  organization is coterminous with the political subdivision
    14  making an appropriation for the payment of the expenses, the
    15  local organization shall be deemed an agency, board or
    16  commission of the political subdivision, subject to all of the
    17  laws governing the making of contracts or purchases, the
    18  employment of persons or otherwise incurring financial
    19  obligations which apply to the political subdivision.
    20     (b)  Second class townships.--No purchase or purchases shall
    21  be made, no contract entered into and no expenses incurred by
    22  any local organization which involves the payment of more than
    23  $25 out of the treasury of any second class township unless the
    24  proposed expenditure has been approved in writing by the
    25  township supervisors. If any purchase or contract is made or
    26  other expenses incurred contrary to the provisions of this
    27  subsection, the township shall not be responsible for the
    28  payment thereof but the person acting for the local organization
    29  in the transaction shall be personally liable for the payment.
    30  § 7513.  Agreements among political subdivisions.
    19770S1104B1434                 - 34 -

     1     (a)  General rule.--Where a local organization has
     2  jurisdiction in an area including all or parts of more than one
     3  political subdivision which does not include the whole area of
     4  any county, the political subdivisions, all or part of which lie
     5  within the jurisdiction of the organization, shall, before
     6  paying any expenses of the organization, enter into an agreement
     7  designating one of the political subdivisions as the agent of
     8  each of them for the purpose of paying the expenses of the local
     9  organization. The agreement shall also set forth the
    10  proportionate share of the expenses of the organization to be
    11  paid by each political subdivision party to the agreement and an
    12  estimate of the amount required to be appropriated by each of
    13  them for the purpose of paying the expenses. The agreement shall
    14  be effective when approved by the corporate authorities of each
    15  of the political subdivisions by a majority vote and each of the
    16  subdivisions shall thereupon make an appropriation pursuant to
    17  section 7511 (relating to appropriations by political
    18  subdivisions) sufficient to pay its share of the expenses of the
    19  organization.
    20     (b)  Counties.--Where the local organization has jurisdiction
    21  in an area including the whole area of one or more counties
    22  which is not coterminous with any one county, before paying any
    23  expenses of the organization, the counties, all or part of which
    24  lie within the jurisdiction of the organization, shall enter
    25  into an agreement in the manner and form provided in subsection
    26  (a) and with like effect, and no other political subdivision
    27  lying within the jurisdiction of the organization shall be a
    28  party to the agreement.
    29  § 7514.  Payments involving one political subdivision.
    30     (a)  General rule.--All bills or claims to be paid from any
    19770S1104B1434                 - 35 -

     1  appropriation made by a political subdivision conterminous with
     2  the local organization, after first being approved by the local
     3  organization or an appropriate officer thereof designated for
     4  that purpose, shall be paid from the treasury of the political
     5  subdivision only upon the warrant or order of the officer or
     6  officers of the political subdivision designated by law to
     7  approve or countersign warrants or orders for the payment of the
     8  ordinary expenses of the political subdivision, and shall be
     9  subject to audit in the same manner as other financial
    10  transactions of the political subdivision. In each case, the
    11  officer or officers shall have the same power to approve or
    12  disapprove as they have in case of warrants for ordinary
    13  expenses of the political subdivision, and no warrant or order
    14  for the payment thereof shall be issued without the approval.
    15     (b)  Gift or grant of money.--Any gift or grant of money made
    16  to the local organization or to the political subdivision for
    17  the payment of expenses incurred or to be incurred by or for the
    18  organization shall be deposited in the treasury of the political
    19  subdivision and shall be appropriated by the political
    20  subdivision for the purpose for which the gift or grant was
    21  made, and any bills or claims to be paid from the gift or grant
    22  shall be paid in the manner provided in this subchapter for the
    23  payment of other bills and claims against the political
    24  subdivision.
    25  § 7515.  Payments involving two or more political subdivisions.
    26     (a)  General rule.--Where two or more political subdivisions
    27  have entered into an agreement as provided by section 7513
    28  (relating to agreements among political subdivisions), all bills
    29  and claims for expenses incurred by or for the local
    30  organization shall thereafter be paid in the first instance by
    19770S1104B1434                 - 36 -

     1  the political subdivision named as agent in the agreement in the
     2  manner provided in section 7514 (relating to payments involving
     3  one political subdivision) as though the organization were
     4  coterminous with the political subdivision, and the organization
     5  shall be subject to all of the laws governing the making of
     6  contracts or purchases, the employment of persons or otherwise
     7  incurring financial obligations which apply to the political
     8  subdivision.
     9     (b)  Accounting by agent.--The political subdivision
    10  designated as agent shall, not later than the fifteenth day of
    11  each month, submit an itemized account of the expenses of the
    12  organization paid by it during the preceding calendar month to
    13  each of the other political subdivisions party to the agreement,
    14  together with a request for reimbursement of the proportionate
    15  share of expenses agreed to be paid by each of the other
    16  political subdivisions.
    17     (c)  Reimbursement of agent.--Each political subdivision
    18  requested to make reimbursement shall do so within 30 days after
    19  the request from the appropriation made for the payment of the
    20  expenses of the organization and, in the event of failure to do
    21  so, mandamus shall lie to compel the officers of the political
    22  subdivision to pay the agreed-upon proportionate share of the
    23  proper expenses of the organization out of the first moneys
    24  thereafter in the treasury of the political subdivision and not
    25  previously pledged to any other purpose. No political
    26  subdivision may be compelled to pay for any one year an amount
    27  greater than the amount estimated in the agreement as its
    28  proportionate share. Any payment made by any political
    29  subdivision to the political subdivision named as agent in the
    30  agreement for reimbursement for the payment of the expenses of
    19770S1104B1434                 - 37 -

     1  the organization shall be credited by the agent political
     2  subdivision to the appropriation made by it for the payment of
     3  the expenses of the organization and shall be available for the
     4  payment of future expenses of the organization without further
     5  appropriation or action by the agent political subdivision.
     6     (d)  Gift or grant of money.--Any gift or grant of money made
     7  to or for the local organization, if made to a political
     8  subdivision, shall be deposited in its treasury and be
     9  appropriated by it for the purpose for which the gift or grant
    10  was made and the political subdivision shall notify the
    11  political subdivision named as agent in the agreement of the
    12  appropriation and the purpose for which it is available. If the
    13  gift or grant of money is made to the organization, it shall be
    14  deposited in the treasury of the political subdivision named as
    15  agent in the agreement and shall be appropriated by the
    16  political subdivision for the purpose for which the gift or
    17  grant was made. Any expenditure made by the agent political
    18  subdivision from any gift or grant deposited in its treasury or
    19  reimbursed from any gift or grant deposited in the treasury of
    20  any other political subdivision shall not be included in
    21  computing the reimbursement requested from any other political
    22  subdivision under the agreement.
    23                             CHAPTER 77
    24                      MISCELLANEOUS PROVISIONS
    25  Sec.
    26  7701.  Duties concerning disaster prevention.
    27  7702.  Acceptance of services, gifts, grants and loans.
    28  7703.  Interstate arrangements.
    29  7704.  Immunity from civil liability.
    30  7705.  Accidental injury or death benefits.
    19770S1104B1434                 - 38 -

     1  7706.  Special powers of local agencies.
     2  § 7701.  Duties concerning disaster prevention.
     3     (a)  Governor.--In addition to disaster prevention measures
     4  included in the Commonwealth and local plans, the Governor shall
     5  consider on a continuing basis steps that could be taken to
     6  prevent or reduce the harmful consequences of disasters. The
     7  Governor, from time to time, shall make recommendations to the
     8  General Assembly, political subdivisions and other appropriate
     9  public and private entities as may facilitate measures for
    10  prevention or reduction of the harmful consequences of
    11  disasters.
    12     (b)  Department of Environmental Resources.--The Department
    13  of Environmental Resources, in conjunction with the State Office
    14  of Emergency Preparedness, shall keep land uses and construction
    15  of structures and other facilities under continuing study and
    16  identify areas which are particularly susceptible to severe land
    17  shifting, subsidence, flood or other catastrophic occurrence.
    18  The studies under this subsection shall concentrate on means of
    19  reducing or avoiding the dangers caused by this occurrence or
    20  the consequences thereof.
    21     (c)  Other Commonwealth agencies.--At the direction of the
    22  Governor, and pursuant to any other authority and competence
    23  they have, Commonwealth agencies, including but not limited to
    24  those charged with responsibilities in connection with
    25  floodplain management, stream encroachment and flow regulation,
    26  weather modification, fire prevention and control, air quality,
    27  public works, land use and land-use planning, construction
    28  standards, public utilities and energy, shall make studies of
    29  disaster prevention-related matters.
    30  § 7702.  Acceptance of services, gifts, grants and loans.
    19770S1104B1434                 - 39 -

     1     (a)  General rule.--Whenever any person or the Federal
     2  Government or any Federal agency or officer offers to the
     3  Commonwealth or, through the Commonwealth, to any political
     4  subdivision, services, equipment, supplies, materials or funds
     5  by way of gift, grant or loan for purposes of disaster emergency
     6  services, the Commonwealth, acting through the Governor, or the
     7  political subdivision, acting with the consent of the Governor
     8  and through its executive officer or governing body, may accept
     9  the offer and upon acceptance the Governor or executive officer
    10  or governing body of the political subdivision may authorize any
    11  officer of the Commonwealth or of the political subdivision, as
    12  the case may be, to receive the services, equipment, supplies,
    13  materials or funds on behalf of the Commonwealth or political
    14  subdivision subject to the terms of the offer and the rules and
    15  regulations, if any, of the agency or person making the offer.
    16     (b)  Property of Commonwealth.--All equipment, supplies and
    17  materials referred to in subsection (a) shall, when accepted by
    18  the Commonwealth, be treated as the property of the Commonwealth
    19  and shall be subject to the relevant provisions of the act of
    20  April 9, 1929 (P.L.177, No.175), known as "The Administrative
    21  Code of 1929," unless the General Assembly directs otherwise by
    22  statute.
    23  § 7703.  Interstate arrangements.
    24     (a)  General rule.--Upon finding that a vulnerable area lies
    25  only partly within this Commonwealth and includes territory in
    26  another state or states or territory in a foreign jurisdiction
    27  and that it would be desirable to establish an interstate
    28  relationship, mutual aid or an area organization for disaster
    29  emergency services, the Governor shall take steps to that end as
    30  desirable.
    19770S1104B1434                 - 40 -

     1     (b)  Negotiation and status of agreements.--If this action is
     2  taken with jurisdictions that have enacted the Interstate Civil
     3  Defense and Disaster Compact, any resulting agreement or
     4  agreements may be considered supplemental agreements pursuant to
     5  Article 6 of that compact. If the other jurisdiction or
     6  jurisdictions with which the Governor proposes to cooperate
     7  pursuant to subsection (a) have not enacted that compact, the
     8  Governor may negotiate special agreements with the jurisdiction
     9  or jurisdictions.
    10     (c)  Legislative approval of agreements.--Any agreement, if
    11  sufficient authority for the making thereof does not otherwise
    12  exist, becomes effective only after its text has been
    13  communicated to the General Assembly and provided that neither
    14  House of the General Assembly has disapproved it by adjournment
    15  of the next ensuing session competent to consider it or within
    16  30 days of its submission, whichever is longer.
    17  § 7704.  Immunity from civil liability.
    18     (a)  General rule.--Neither the Commonwealth nor any
    19  political subdivision thereof nor other agencies nor, except in
    20  cases of willful misconduct, the agents, employees or
    21  representatives of any of them engaged in any emergency services
    22  activities, nor except in cases of willful misconduct or gross
    23  negligence any individual or other person under contract with
    24  them to provide equipment or work on a cost basis to be used in
    25  disaster relief, while complying with or attempting to comply
    26  with this part or any rule or regulation promulgated pursuant to
    27  the provisions of this part, shall be liable for the death of or
    28  any injury to persons or loss or damage to property as a result
    29  of that activity.
    30     (b)  Real estate owners.--Any person owning or controlling
    19770S1104B1434                 - 41 -

     1  real estate or other premises, who voluntarily and without
     2  compensation, grants a license or privilege or otherwise permits
     3  the designation or use of the whole or any part or parts of the
     4  real estate or premises for any emergency services purpose,
     5  shall, together with his successors in interest, if any, not be
     6  civilly liable for negligently causing the death of or injury to
     7  or loss or damage to the property of any person who is upon the
     8  real estate or other premises for that purpose.
     9     (c)  Other benefits unaffected.--This section does not affect
    10  the right of any person to receive benefits to which he would
    11  otherwise be entitled under this part or under the workmen's
    12  compensation laws or under any pension law, nor the right of any
    13  person to receive any benefits or compensation under any Federal
    14  law.
    15  § 7705.  Accidental injury or death benefits.
    16     (a)  General rule.--All duly enrolled emergency services
    17  volunteers who are not eligible to receive benefits under the
    18  workmen's compensation laws shall be entitled, except during a
    19  state of war or period of armed conflict within the continental
    20  limits of the United States, to the following benefits relating
    21  to injuries sustained while actually engaged in emergency
    22  preparedness and emergency services activities or in or enroute
    23  to and from civil defense or emergency services tests or
    24  operations authorized by the State Office of Emergency
    25  Preparedness and carried out in accordance with rules and orders
    26  promulgated and adopted by the office:
    27         (1)  A sum of $1,500 for accidental injury directly
    28     causing or leading to death.
    29         (2)  A sum not exceeding $750 for reimbursement for
    30     medical and hospital expenses associated with accidental
    19770S1104B1434                 - 42 -

     1     injury.
     2         (3)  Weekly payments of $25, beginning on the eighth day
     3     of disability and continuing for not more than 26 weeks, for
     4     disability directly arising from accidental injury rendering
     5     the individual totally incapable of following his normal
     6     gainful pursuits.
     7     (b)  Claims and payments.--All benefits hereby authorized
     8  shall be paid out of funds appropriated to the office. Payments
     9  shall be made on the basis of claims submitted to the office
    10  through the Department of Labor and Industry in accordance with
    11  rules and orders promulgated and adopted by the office.
    12  § 7706.  Special powers of local agencies.
    13     (a)  Roadway clearance.--Whenever the Governor shall have
    14  proclaimed a disaster emergency under section 7301(c) (relating
    15  to declaration of disaster emergency), officials of any
    16  political subdivision included in the disaster emergency shall
    17  have the authority to clear such roadways as are necessary for
    18  the health, safety and welfare of residents, even though such
    19  roadways are not officially the responsibility of such political
    20  subdivision. The political subdivision may be reimbursed for the
    21  cost of such clearing as provided in subsection (c).
    22     (b)  Water systems.--Whenever the Governor shall have
    23  proclaimed a disaster emergency under section 7301(c) and in the
    24  event that a water system owned or operated by a political
    25  subdivision or municipal authority is damaged, destroyed or made
    26  inoperable as a direct result of such disaster emergency, the
    27  political subdivision or municipal authority shall have the
    28  authority to lease or hire such personnel and equipment as may
    29  be needed to effect restoration of such water system. The
    30  political subdivision or municipal authority may be reimbursed
    19770S1104B1434                 - 43 -

     1  for the cost of such restoration as provided in subsection (c).
     2     (c)  Reimbursement.--Whenever the Governor shall have
     3  proclaimed a disaster emergency under section 7301(c), he shall
     4  have power to transfer any unused funds which may have been
     5  appropriated for the ordinary expenses of government in the
     6  General Fund to such State agencies as he may direct to be
     7  expended for reimbursements as provided in subsections (a) and
     8  (b). Such reimbursements shall be made in accordance with and to
     9  the extent permitted by regulations issued by such agency or
    10  agencies as the Governor may designate to administer the
    11  reimbursement programs established by subsections (a) and (b).
    12  The total of such transfers shall never exceed $1,000,000 in any
    13  one year except by action of the General Assembly.
    14     (d)  Limitations.--Reimbursements pursuant to subsection (c)
    15  shall not be made to the extent that the Commonwealth, a
    16  political subdivision or a municipal authority may be eligible
    17  for assistance from the Federal Government.
    18  Section 2.  Repeals.
    19     The following acts are repealed:
    20     Act of March 19, 1951 (P.L.28, No.4), known as the "State
    21  Council of Civil Defense Act of 1951."
    22     Act of March 19, 1951 (P.L.42, No.6), entitled "An act
    23  authorizing certain political subdivisions to make
    24  appropriations for the payment of expenses of local or district
    25  councils of civil defense within said political subdivisions and
    26  for the protection or preparation for the protection of the
    27  health, welfare and safety of the civilian population of said
    28  political subdivision during emergencies resulting from air
    29  raids, blackouts or sabotage; regulating the manner of payment
    30  of expenses of local and district councils of civil defense;
    19770S1104B1434                 - 44 -

     1  authorizing such political subdivisions to borrow money under
     2  certain conditions for such purposes; and providing for the
     3  repayment thereof."
     4     Act of March 19, 1951 (P.L.47, No.7), entitled "An act
     5  authorizing the Commonwealth of Pennsylvania to enter into a
     6  compact with any other state for mutual helpfulness in meeting
     7  any civil defense emergency or disaster."
     8     Act of April 28, 1961 (P.L.129, No.60), entitled "An act
     9  authorizing political subdivisions of the Commonwealth to avail
    10  themselves of services offered by the State Civil Service
    11  Commission in connection with the employment of personnel for
    12  civil defense purposes."
    13     Act of July 6, 1961 (P.L.515, No.265), entitled, as amended,
    14  "An act authorizing the Governor to provide for disaster and
    15  emergency relief under certain circumstances; authorizing him to
    16  transfer certain funds in the General Fund for these purposes,
    17  and making an appropriation."
    18  Section 3.  Effective date.
    19     This act shall take effect immediately and shall be
    20  retroactive to July 1, 1977.







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