PRIOR PRINTER'S NOS. 1306, 1434               PRINTER'S NO. 1559

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

        SENATOR SMITH, APPROPRIATIONS, RE-REPORTED AS AMENDED,
           JANUARY 30, 1978

                                     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 § 7705.  Special powers of local agencies.
    19770S1104B1559                  - 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
    19770S1104B1559                  - 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 weapons
    18  defense, evacuation of persons from stricken areas, emergency
    19  welfare services, emergency transportation, emergency resources
    20  management, existing or properly assigned functions of plant
    21  protection, temporary restoration of public utility services and
    22  other functions related to civilian protection.
    23     "Local organization."  A local emergency preparedness
    24  organization.
    25     "Man-made disaster."  Any industrial, nuclear or
    26  transportation accident, explosion, conflagration, power
    27  failure, natural resource shortage or other condition, except
    28  enemy action, resulting from man-made causes, such as oil spills
    29  and other injurious environmental contamination, which threatens
    30  or causes substantial damage to property, human suffering,
    19770S1104B1559                  - 4 -

     1  hardship or loss of life.
     2     "Natural disaster."  Any hurricane, tornado, storm, flood,
     3  high water, wind-driven water, tidal wave, earthquake,
     4  landslide, mudslide, snowstorm, drought, fire, explosion or
     5  other catastrophe which results in substantial damage to
     6  property, hardship, suffering or possible loss of life.
     7     "Office" or "State office."  The Office of Emergency
     8  Preparedness.
     9     "Political subdivision."  Any county, city, borough,
    10  incorporated town or township.
    11     "War-caused disaster."  Any condition following an attack
    12  upon the United States resulting in substantial damage to
    13  property or injury to persons in the United States caused by use
    14  of bombs, missiles, shellfire, nuclear, radiological, chemical
    15  or biological means, or other weapons or overt paramilitary
    16  actions, or other conditions such as sabotage.
    17  § 7103.  Purposes of part.
    18     The purposes of this part are to:
    19         (1)  Reduce vulnerability of people and communities of
    20     this Commonwealth to damage, injury and loss of life and
    21     property resulting from disasters.
    22         (2)  Prepare for prompt and efficient rescue, care and
    23     treatment of persons victimized or threatened by disaster.
    24         (3)  Provide a setting conducive to the rapid and orderly
    25     start of restoration and rehabilitation of persons and
    26     property affected by disasters.
    27         (4)  Clarify and strengthen the roles of the Governor,
    28     Commonwealth agencies and local government in prevention of,
    29     preparation for, response to and recovery from disasters.
    30         (5)  Authorize and provide for cooperation in disaster
    19770S1104B1559                  - 5 -

     1     prevention, preparedness, response and recovery.
     2         (6)  Authorize and provide for coordination of activities
     3     relating to disaster prevention, preparedness, response and
     4     recovery by agencies and officers of this Commonwealth, and
     5     similar State-local and Federal-State activities in which the
     6     Commonwealth and its political subdivisions participate.
     7         (7)  Provide a disaster management system embodying all
     8     aspects of predisaster preparedness and postdisaster
     9     response.
    10         (8)  Assist in prevention of disaster caused or
    11     aggravated by inadequate planning for and regulation of
    12     public and private facilities and land use.
    13         (9)  Supplement, without in any way limiting, authority
    14     conferred by previous statutes of this Commonwealth and
    15     increase the capability of the Commonwealth and local
    16     agencies having responsibilities for civil defense to perform
    17     both civil defense and disaster services.
    18  § 7104.  Limitations.
    19     This part is not intended to:
    20         (1)  Interfere with the course or conduct of a labor
    21     dispute, except that actions otherwise authorized by this
    22     part or other laws may be taken when necessary to forestall
    23     or mitigate imminent or existing danger to public health or
    24     safety.
    25         (2)  Interfere with dissemination of news or comment on
    26     public affairs, except that any communications facility or
    27     organization (including but not limited to radio and
    28     television stations, wire services and newspapers) may be
    29     required to transmit or print public service messages
    30     furnishing information or instructions in connection with a
    19770S1104B1559                  - 6 -

     1     disaster emergency.
     2         (3)  Affect the jurisdiction or responsibilities of
     3     police forces, firefighting forces, units of the armed forces
     4     of the United States or of any personnel thereof when on
     5     active duty except that Commonwealth and local disaster
     6     emergency plans shall place reliance upon the forces
     7     available for performance of functions related to disaster
     8     emergencies.
     9         (4)  Limit, modify or abridge the authority of the
    10     Governor to proclaim martial law or exercise any other powers
    11     vested in him under the Constitution, statutes or common law
    12     of this Commonwealth independent of, or in conjunction with,
    13     any provisions of this part.
    14                            SUBCHAPTER B
    15           INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT
    16  Sec.
    17  7111.  Interstate civil defense and disaster compact enacted.
    18  § 7111.  Interstate civil defense and disaster compact enacted.
    19     The Interstate Civil Defense and Disaster Compact is hereby
    20  enacted into law and entered into with all jurisdictions legally
    21  joining therein in the form substantially as follows:
    22     Article 1.  The purpose of this compact is to provide mutual
    23  aid among the States in meeting any emergency or disaster from
    24  enemy attack or other cause (natural or otherwise), including
    25  sabotage and subversive acts and direct attacks by bombs,
    26  shellfire and atomic, radiological, chemical, bacteriological
    27  means and other weapons. The prompt, full and effective
    28  utilization of the resources of the respective States, including
    29  such resources as may be available from the United States
    30  Government or any other source are essential to the safety, care
    19770S1104B1559                  - 7 -

     1  and welfare of the people thereof in the event of enemy action
     2  or other emergency, and any other resources, including
     3  personnel, equipment or supplies, shall be incorporated into a
     4  plan or plans of mutual aid to be developed among the civil
     5  defense agencies or similar bodies of the States that are
     6  parties hereto. The directors of civil defense of all party
     7  States shall constitute a committee to formulate plans and to
     8  take all necessary steps for the implementation of this compact.
     9     Article 2.  It shall be the duty of each party State to
    10  formulate civil defense plans and programs for application
    11  within such State. There shall be frequent consultation between
    12  the representatives of the States and with the United States
    13  Government and the free exchange of information and plans,
    14  including inventories of any materials and equipment available
    15  for civil defense. In carrying out such civil defense plans and
    16  programs, the party States shall, so far as possible, provide
    17  and follow uniform standards, practices and rules and
    18  regulations including:
    19     (a)  Insignia, arm bands and any other distinctive articles
    20  to designate and distinguish the different civil defense
    21  services.
    22     (b)  Blackouts and practice blackouts, air raid drills,
    23  mobilization of civil defense forces, and other tests and
    24  exercises.
    25     (c)  Warnings and signals for drills or attacks and the
    26  mechanical devices to be used in connection therewith.
    27     (d)  The effective screening or extinguishing of all lights
    28  and lighting devices and appliances.
    29     (e)  Shutting off water mains, gas mains, electric power
    30  connections, and the suspension of all other utility services.
    19770S1104B1559                  - 8 -

     1     (f)  All materials or equipment used or to be used for civil
     2  defense purposes in order to assure that such materials and
     3  equipment will be easily and freely interchangeable when used in
     4  or by any other party State.
     5     (g)  The conduct of civilians and the movement and cessation
     6  of movement of pedestrians and vehicular traffic prior, during
     7  and subsequent to drills or attacks.
     8     (h)  The safety of public meetings or gatherings.
     9     (i)  Mobile support units.
    10     Article 3.  Any party State requested to render mutual aid
    11  shall take such action as is necessary to provide and make
    12  available the resources covered by this compact in accordance
    13  with the terms hereof: Provided, That it is understood that the
    14  State rendering aid may withhold resources to the extent
    15  necessary to provide reasonable protection for such State. Each
    16  party State shall extend to the civil defense forces of any
    17  other party State while operating within its State limits under
    18  the terms and conditions of this compact, the same powers
    19  (except that of arrest, unless specifically authorized by the
    20  receiving State), duties, rights, privileges and immunities as
    21  if they were performing their duties in the State in which
    22  normally employed or rendering services. Civil defense forces
    23  will continue under the command and control of their regular
    24  leaders but the organizational units will come under the
    25  operational control of the civil defense authorities of the
    26  State receiving assistance.
    27     Article 4.  Whenever any person holds a license, certificate
    28  or other permit issued by any State evidencing the meeting of
    29  qualifications for professional, mechanical or other skills,
    30  such person may render aid involving such skill in any party
    19770S1104B1559                  - 9 -

     1  State to meet an emergency or disaster and such State shall give
     2  due recognition to such license, certificate or other permit as
     3  if issued in the State in which aid is rendered.
     4     Article 5.  No party State or its officers or employees
     5  rendering aid in another State pursuant to this compact shall be
     6  liable on account of any act or omission in good faith on the
     7  part of such forces while so engaged or on account of the
     8  maintenance or use of any equipment or supplies in connection
     9  therewith.
    10     Article 6.  Inasmuch as it is probable that the pattern and
    11  detail of the machinery for mutual aid among two or more States
    12  may differ from that appropriate among other States party
    13  hereto, this instrument contains elements of a broad base common
    14  to all States and nothing herein contained shall preclude any
    15  State from entering into supplementary agreements with another
    16  State or States. Such supplementary agreements may comprehend
    17  but shall not be limited to provisions for evacuation and
    18  reception of injured and other persons and the exchange of
    19  medical, fire, police, public utility, reconnaissance, welfare,
    20  transportation and communications personnel, equipment and
    21  supplies.
    22     Article 7.  Each party State shall provide for the payment of
    23  compensation and death benefits to injured members of the civil
    24  defense forces of that State and the representatives of deceased
    25  members of such forces in case such members sustain injuries or
    26  are killed while rendering aid pursuant to this compact in the
    27  same manner and on the same terms as if the injury or death were
    28  sustained within such State.
    29     Article 8.  Any party State rendering aid in another State
    30  pursuant to this compact shall be reimbursed by the party State
    19770S1104B1559                 - 10 -

     1  receiving such aid for any loss or damage to or expense incurred
     2  in the operation of any equipment answering a request for aid
     3  and for the cost incurred in connection with such requests:
     4  Provided, That any aiding party State may assume in whole or in
     5  part such loss, damage, expense or other cost, or may loan such
     6  equipment or donate such services to the receiving party State
     7  without charge or cost: And, provided further, That any two or
     8  more party States may enter into supplementary agreements
     9  establishing a different allocation of costs as among those
    10  States. The United States Government may relieve the party State
    11  receiving aid from any liability and reimburse the party State
    12  supplying civil defense forces for the compensation paid to and
    13  the transportation, subsistence and maintenance expenses of such
    14  forces during the time of the rendition of such aid or
    15  assistance outside the State and may also pay fair and
    16  reasonable compensation for the use or utilization of the
    17  supplies, materials, equipment or facilities so utilized or
    18  consumed.
    19     Article 9.  Plans for the orderly evacuation and reception of
    20  the civilian population as the result of an emergency or
    21  disaster shall be worked out from time to time between
    22  representatives of the party States and the various local civil
    23  defense areas thereof. Such plans shall include the manner of
    24  transporting such evacuees, the number of evacuees to be
    25  received in different areas, the manner in which food, clothing,
    26  housing, and medical care will be provided, the registration of
    27  the evacuees, the providing of facilities for the notification
    28  of relatives or friends and the forwarding of such evacuees to
    29  other areas, or the bringing in of additional materials,
    30  supplies and all other relevant factors. Such plans shall
    19770S1104B1559                 - 11 -

     1  provide that the party State receiving evacuees shall be
     2  reimbursed generally for the out-of-pocket expenses incurred in
     3  receiving and caring for such evacuees, for expenditures for
     4  transportation, food, clothing, medicines and medical care and
     5  like items. Such expenditures shall be reimbursed by the party
     6  State of which the evacuees are residents or by the United
     7  States Government under plans approved by it. After the
     8  termination of the emergency or disaster the party State of
     9  which the evacuees are resident shall assume the responsibility
    10  for the ultimate support or repatriation of such evacuees.
    11     Article 10.  This compact shall be available to any State,
    12  territory or possession of the United States and the District of
    13  Columbia. The term "State" may also include any neighboring
    14  foreign country or province or state thereof.
    15     Article 11.  The committee established pursuant to Article 1
    16  of this compact may request the Civil Defense Agency of the
    17  United States Government to act as an informational and
    18  coordinating body under this compact and representatives of such
    19  agency of the United States Government may attend meetings of
    20  such committee.
    21     Article 12.  This compact shall become operative immediately
    22  upon its ratification by any State as between it and any other
    23  State or States so ratifying, and shall be subject to approval
    24  by Congress unless prior Congressional approval has been given.
    25  Duly authenticated copies of this compact and of such
    26  supplementary agreements as may be entered into shall, at the
    27  time of their approval, be deposited with each of the party
    28  States and with the Civil Defense Agency and other appropriate
    29  agencies of the United States Government.
    30     Article 13.  This compact shall continue in force and remain
    19770S1104B1559                 - 12 -

     1  binding on each party State until the Legislature or the
     2  Governor of such party State takes action to withdraw therefrom.
     3  Such action shall not be effective until 30 days after notice
     4  thereof has been sent by the Governor of the party State
     5  desiring to withdraw to the Governors of all other party States.
     6     Article 14.  This compact shall be construed to effectuate
     7  the purposes stated in Article 1. If any provision of this
     8  compact is declared unconstitutional or the applicability
     9  thereof to any person or circumstance is held invalid, the
    10  constitutionality of the remainder of this compact and the
    11  applicability thereof to other persons and circumstances shall
    12  not be affected thereby.
    13                             CHAPTER 73
    14                       COMMONWEALTH SERVICES
    15  Subchapter
    16     A.  The Governor and Disaster Emergencies
    17     B.  Office of Emergency Preparedness
    18                            SUBCHAPTER A
    19               THE GOVERNOR AND DISASTER EMERGENCIES
    20  Sec.
    21  7301.  General authority of Governor.
    22  7302.  Temporary housing.
    23  7303.  Debris and wreckage removal.
    24  7304.  Community disaster loans.
    25  7305.  Individual and family assistance.
    26  7306.  Appropriation of Federal funds.
    27  7307.  Use and appropriation of unused Commonwealth funds.
    28  § 7301.  General authority of Governor.
    29     (a)  Responsibility to meet disasters.--The Governor is
    30  responsible for meeting the dangers to this Commonwealth and
    19770S1104B1559                 - 13 -

     1  people presented by disasters.
     2     (b)  Executive orders, proclamations and regulations.--Under
     3  this part, the Governor may issue, amend and rescind executive
     4  orders, proclamations and regulations which shall have the force
     5  and effect of law.
     6     (c)  Declaration of disaster emergency.--A disaster emergency
     7  shall be declared by executive order or proclamation of the
     8  Governor upon finding that a disaster has occurred or that the
     9  occurrence or the threat of a disaster is imminent. The state of
    10  disaster emergency shall continue until the Governor finds that
    11  the threat or danger has passed or the disaster has been dealt
    12  with to the extent that emergency conditions no longer exist and
    13  terminates the state of disaster emergency by executive order or
    14  proclamation, but no state of disaster emergency may continue
    15  for longer than 90 days unless renewed by the Governor. The
    16  General Assembly by concurrent resolution may terminate a state
    17  of disaster emergency at any time. Thereupon, the Governor shall
    18  issue an executive order or proclamation ending the state of
    19  disaster emergency. All executive orders or proclamations issued
    20  under this subsection shall indicate the nature of the disaster,
    21  the area or areas threatened and the conditions which have
    22  brought the disaster about or which make possible termination of
    23  the state of disaster emergency. An executive order or
    24  proclamation shall be disseminated promptly by means calculated
    25  to bring its contents to the attention of the general public
    26  and, unless the circumstances attendant upon the disaster
    27  prevent or impede, shall be promptly filed with the Office of
    28  Emergency Preparedness.
    29     (d)  Activation of disaster response.--An executive order or
    30  proclamation of a state of disaster emergency shall activate the
    19770S1104B1559                 - 14 -

     1  disaster response and recovery aspects of the Commonwealth and
     2  local disaster emergency plans applicable to the political
     3  subdivision or area in question and shall be authority for the
     4  deployment and use of any forces to which the plan or plans
     5  apply and for use or distribution of any supplies, equipment and
     6  materials and facilities assembled, stockpiled or arranged to be
     7  made available pursuant to this part or any other provision of
     8  law relating to disaster emergencies.
     9     (e)  Commander in chief of military forces.--During the
    10  continuance of any state of disaster emergency, the Governor is
    11  commander in chief of the Pennsylvania military forces. To the
    12  greatest extent practicable, the Governor shall delegate or
    13  assign command authority by prior arrangement embodied in
    14  appropriate executive orders or regulations, but this does not
    15  restrict the authority of the Governor to do so by orders issued
    16  at the time of the disaster emergency.
    17     (f)  Additional powers.--In addition to any other powers
    18  conferred upon the Governor by law, the Governor may:
    19         (1)  Suspend the provisions of any regulatory statute
    20     prescribing the procedures for conduct of Commonwealth
    21     business, or the orders, rules or regulations of any
    22     Commonwealth agency, if strict compliance with the provisions
    23     of any statute, order, rule or regulation would in any way
    24     prevent, hinder or delay necessary action in coping with the
    25     emergency.
    26         (2)  Utilize all available resources of the Commonwealth
    27     Government and each political subdivision of this
    28     Commonwealth as reasonably necessary to cope with the
    29     disaster emergency.
    30         (3)  Transfer the direction, personnel or functions of
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     1     Commonwealth agencies or units thereof for the purpose of
     2     performing or facilitating emergency services.
     3         (4)  Subject to any applicable requirements for
     4     compensation under section 7313(11) (relating to powers and
     5     duties), commandeer or utilize any private property if
     6     necessary to cope with the disaster emergency.
     7         (5)  Direct and compel the evacuation of all or part of
     8     the population from any stricken or threatened area within
     9     this Commonwealth if this action is necessary for the
    10     preservation of life or other disaster mitigation, response
    11     or recovery.
    12         (6)  Prescribe routes, modes of transportation and
    13     destinations in connection with evacuation.
    14         (7)  Control ingress and egress to and from a disaster
    15     area, the movement of persons within the area and the
    16     occupancy of premises therein.
    17         (8)  Suspend or limit the sale, dispensing or
    18     transportation of alcoholic beverages, firearms, explosives
    19     and combustibles.
    20  § 7302.  Temporary housing.
    21     (a)  Authority of Governor.--Whenever the Governor has
    22  proclaimed a disaster emergency under this part, or the
    23  President has declared an emergency or a major disaster to exist
    24  in this Commonwealth, the Governor is authorized:
    25         (1)  To enter into purchase, lease or other arrangements
    26     with any Federal agency for temporary housing units to be
    27     occupied by disaster victims and to make the units available
    28     to any political subdivision of this Commonwealth.
    29         (2)  To assist any political subdivision of this
    30     Commonwealth which is the locus of temporary housing for
    19770S1104B1559                 - 16 -

     1     disaster victims to acquire sites necessary for such
     2     temporary housing and to do all things required to prepare
     3     such sites to receive and utilize temporary housing units by:
     4             (i)  advancing or lending funds available to the
     5         Governor from any appropriation made by the General
     6         Assembly or from any other source;
     7             (ii)  "passing through" funds made available by any
     8         agency, public or private; or
     9             (iii)  becoming a copartner with the political
    10         subdivision for the execution and performance of any
    11         temporary housing for disaster victims project;
    12     and for such purposes to pledge the credit of the
    13     Commonwealth on such terms as the Governor deems appropriate
    14     having due regard for current debt transactions of the
    15     Commonwealth.
    16         (3)  Under such regulations as the Governor shall
    17     prescribe, to temporarily suspend or modify for not to exceed
    18     60 days any public health, safety, zoning, transportation
    19     (within or across this Commonwealth) or other requirement of
    20     statute or regulation within this Commonwealth when by
    21     proclamation the Governor deems the suspension or
    22     modification essential to provide temporary housing for
    23     disaster victims.
    24     (b)  Acquisition of sites by political subdivisions.--Any
    25  political subdivision of this Commonwealth is expressly
    26  authorized to acquire, temporarily or permanently, by purchase,
    27  lease or otherwise, sites required for installation of temporary
    28  housing units for disaster victims, and to enter into whatever
    29  arrangements (including purchase of temporary housing units and
    30  payment of transportation charges) which are necessary to
    19770S1104B1559                 - 17 -

     1  prepare or equip the sites to utilize the housing units.
     2     (c)  Construction of section.--This section does not limit
     3  the authority of the Governor to apply for, administer and
     4  expend any grants, gifts or payments in aid of disaster
     5  prevention, preparedness, response or recovery.
     6     (d)  Definitions.--As used in this section "major disaster,"
     7  "emergency" and "temporary housing" shall have the same meanings
     8  as defined or used in the Federal Disaster Relief Act of 1974
     9  (Public Law 93-288, 42 U.S.C. § 5121 et seq.).
    10  § 7303.  Debris and wreckage removal.
    11     (a)  Authority of Governor.--Whenever the Governor has
    12  declared a disaster emergency to exist under this part, or the
    13  President, at the request of the Governor, has declared a major
    14  disaster or emergency to exist in this Commonwealth, the
    15  Governor is authorized:
    16         (1)  Notwithstanding any other provision of law, through
    17     the use of Commonwealth agencies or instrumentalities, to
    18     clear or remove from publicly or privately owned land or
    19     water, debris and wreckage which may threaten public health
    20     or safety, or public or private property.
    21         (2)  To accept funds from the Federal Government and
    22     utilize the funds to make grants to any political subdivision
    23     for the purpose of removing debris or wreckage from publicly
    24     or privately owned land or water.
    25     (b)  Authority of Commonwealth personnel.--Whenever the
    26  Governor provides for clearance of debris or wreckage pursuant
    27  to subsection (a), employees of the designated Commonwealth
    28  agencies or individuals appointed by the Commonwealth are
    29  authorized to enter upon private land or waters and perform any
    30  tasks necessary to the removal or clearance operation.
    19770S1104B1559                 - 18 -

     1     (c)  Nonliability of Commonwealth personnel.--Except in cases
     2  of willful misconduct, gross negligence or bad faith, any
     3  Commonwealth employee or agent complying with and performing
     4  duties pursuant to orders of the Governor under this section
     5  shall not be liable for death of or injury to persons or damage
     6  to property.
     7  § 7304.  Community disaster loans.
     8     Whenever, at the request of the Governor, the President has
     9  declared a major disaster to exist in this Commonwealth, the
    10  Governor is authorized:
    11         (1)  Upon determining that a political subdivision of
    12     this Commonwealth will suffer a substantial loss of tax and
    13     other revenues from a major disaster and has demonstrated a
    14     need for financial assistance to perform its governmental
    15     functions, to apply to the Federal Government, on behalf of
    16     the political subdivision, for a loan and to receive and
    17     disburse the proceeds of any approved loan to any applicant
    18     political subdivision.
    19         (2)  To determine the amount needed by any applicant
    20     political subdivision to restore or resume its governmental
    21     functions and to certify the amount to the Federal
    22     Government. No application amount shall exceed 25% of the
    23     annual operating budget of the applicant for the fiscal year
    24     in which the major disaster occurs.
    25         (3)  After review, recommend to the Federal Government
    26     the cancellation of all or any part of repayment when, in the
    27     first three full fiscal-year periods following the major
    28     disaster, the revenues of the political subdivision are
    29     insufficient to meet its operating expenses including
    30     additional disaster-related expenses of a municipal operation
    19770S1104B1559                 - 19 -

     1     character.
     2  § 7305.  Individual and family assistance.
     3     (a)  Grants by Federal Government.--Whenever the President,
     4  at the request of the Governor, has declared a major disaster to
     5  exist in this Commonwealth, the Governor is authorized:
     6         (1)  Upon determining that assistance under the Federal
     7     Disaster Relief Act of 1974 (Public Law 93-288, 42 U.S.C. §
     8     5121 et seq.), and from other means is insufficient to meet
     9     the disaster-related necessary expenses or serious needs of
    10     individuals or families adversely affected by a major
    11     disaster, to accept a grant from the Federal Government for
    12     the purpose of meeting the expenses or needs of disaster
    13     victims, subject to any terms and conditions imposed upon the
    14     grant.
    15         (2)  To enter into an agreement with the Federal
    16     Government or any Federal agency or officer pledging the
    17     Commonwealth to participate in the funding of the assistance
    18     authorized in paragraph (1) in an amount not to exceed 25%
    19     thereof and, if Commonwealth funds are not otherwise
    20     available to the Governor, to accept an advance of the
    21     Commonwealth share from the Federal Government to be repaid
    22     when the Commonwealth is able to do so.
    23     (b)  Grants by Governor.--Notwithstanding any other provision  <--
    24  of statute or regulation, TO IMPLEMENT SUBSECTION (A), the        <--
    25  Governor is authorized to make grants to meet disaster-related
    26  necessary expenses or serious needs of individuals or families
    27  adversely affected by a major disaster DECLARED BY THE            <--
    28  PRESIDENT. Any grant shall not exceed $5,000 in the aggregate to
    29  an individual or family in any single major disaster. declared    <--
    30  by the President.
    19770S1104B1559                 - 20 -

     1     (c)  Penalty for false application.--Any person who
     2  fraudulently or willfully makes a misstatement of fact in
     3  connection with an application for assistance under this section
     4  shall be guilty of a misdemeanor of the third degree.
     5  § 7306.  Appropriation of Federal funds.
     6     All moneys received from the Federal Government for the
     7  purpose of disaster assistance or relief, including assistance
     8  as specified under sections 7302 (relating to temporary
     9  housing), 7303 (relating to debris and wreckage removal) and
    10  7304 (relating to community disaster loans), shall be paid into
    11  the General Fund. and are hereby appropriated out of the General  <--
    12  Fund to the departments, boards, commissions or agencies
    13  designated by the Governor or to the extent specified in the
    14  respective sections.
    15  § 7307.  Use and appropriation of unused Commonwealth funds.
    16     Whenever the Governor has declared a disaster emergency, he
    17  may transfer any unused funds which may have been appropriated
    18  for the ordinary expenses of the Commonwealth Government in the
    19  General Fund to such Commonwealth agencies as the Governor may
    20  direct to be expended for relief of disaster in such manner as
    21  the Governor shall approve, and the funds are hereby
    22  appropriated to the Governor for such purposes. The total of
    23  such transfers shall not exceed $5,000,000 in any one year
    24  except by action of the General Assembly.
    25                            SUBCHAPTER B
    26                  OFFICE OF EMERGENCY PREPAREDNESS
    27  Sec.
    28  7311.  Establishment.
    29  7312.  Organization.
    30  7313.  Powers and duties.
    19770S1104B1559                 - 21 -

     1  7314.  Utilization of existing services and facilities.
     2  § 7311.  Establishment.
     3     There is hereby established the Office of Emergency
     4  Preparedness to assist in the direction, control and
     5  coordination of disaster emergency services.
     6  § 7312.  Organization.
     7     (a)  Composition, chairman and quorum.--The authority of the
     8  office shall be exercised by the Governor ex officio, Lieutenant
     9  Governor, Adjutant General, Secretary of Health, Attorney
    10  General, Secretary of Community Affairs, Speaker of the House of
    11  Representatives, President pro tempore of the Senate, Minority
    12  Leader of the Senate, Minority Leader of the House of
    13  Representatives, Commissioner of the Pennsylvania State Police,
    14  Secretary of Environmental Resources, Secretary of
    15  Transportation and Secretary of Public Welfare. The Speaker of
    16  the House of Representatives, President pro tempore of the
    17  Senate, Minority Leader of the Senate and Minority Leader of the
    18  House of Representatives may authorize a member of their
    19  respective Houses of the General Assembly to serve in their
    20  stead. The Governor shall appoint a chairman from the membership
    21  and five members shall constitute a quorum.
    22     (b)  Compensation and expenses.--The members shall serve
    23  without compensation but may be reimbursed for their actual and
    24  necessary traveling and other expenses incurred in connection
    25  with attendance at meetings.
    26     (c)  Appointment of personnel and expenditure of funds.--The
    27  members may employ a Director of Emergency Preparedness and such
    28  technical, clerical, stenographic and other personnel, fix their  <--
    29  WHOSE compensation SHALL BE FIXED BY THE EXECUTIVE BOARD, and     <--
    30  may make such expenditures within the appropriation therefor or
    19770S1104B1559                 - 22 -

     1  other funds made available to the office as are necessary to
     2  carry out the purposes of this part.
     3     (d)  Space, equipment and supplies.--The office shall be
     4  provided with appropriate space, furniture, equipment, supplies,
     5  stationery and printing in the same manner as other Commonwealth
     6  agencies are supplied. Required communications capability shall
     7  be provided and special consideration shall be given to blast
     8  and fallout protection to permit extended operations.
     9  § 7313.  Powers and duties.
    10     The office shall have the following powers and duties:
    11         (1)  To prepare, maintain and keep current a Commonwealth
    12     Emergency Preparedness Plan for the prevention and
    13     minimization of injury and damage caused by disaster, prompt
    14     and effective response to disaster and disaster emergency
    15     relief and recovery. The plan may include provisions for:
    16             (i)  Preparedness standards established by the
    17         Federal Defense Civil Preparedness Agency.
    18             (ii)  Commonwealth and local disaster emergency
    19         preparedness responsibilities.
    20             (iii)  Assistance to Commonwealth and local
    21         government officials in designing emergency preparedness
    22         plans and training programs.
    23             (iv)  Organization of manpower, chains of command,
    24         continuity of government in emergency situations and
    25         emergency operational principles.
    26             (v)  Coordination of Federal, Commonwealth and local
    27         disaster emergency preparedness activities.
    28             (vi)  Coordination of the Commonwealth Emergency
    29         Preparedness Plan with the disaster plans of the Federal
    30         Government and those of other states.
    19770S1104B1559                 - 23 -

     1             (vii)  Assistance to the Commonwealth and local
     2         governments in obtaining, utilizing and managing Federal
     3         and Commonwealth disaster assistance.
     4             (viii)  Supply to appropriate Commonwealth and local
     5         officials State catalogs of Federal, Commonwealth and
     6         private assistance programs.
     7             (ix)  Identification of areas particularly vulnerable
     8         to disasters.
     9             (x)  Recommendations for zoning, building and other
    10         land-use controls; safety measures pertaining to
    11         nonpermanent or semipermanent structures; resource
    12         conservation and allocation; and other preventive and
    13         preparedness measures designed to eliminate or reduce
    14         disasters or their impact.
    15             (xi)  Authorization and procedures for the erection
    16         or other construction of temporary works designed to
    17         protect against or mitigate danger, damage or loss from
    18         flood, conflagration or other disaster.
    19         (2)  To establish, equip and staff Commonwealth and area
    20     emergency operations centers and provide a system of disaster
    21     communications integrated with those of Federal, Commonwealth
    22     and local agencies involved in disaster emergency operations.
    23         (3)  To promulgate, adopt and enforce such rules,
    24     regulations and orders as may be deemed necessary to carry
    25     out the provisions of this part.
    26         (4)  To provide technical advice and assistance to
    27     Commonwealth agencies and political subdivisions in the
    28     preparation of disaster emergency preparedness plans or
    29     components thereof and to periodically review such plans and
    30     suggest or require revisions.
    19770S1104B1559                 - 24 -

     1         (5)  To establish and operate or assist political
     2     subdivisions in establishing and operating training programs
     3     and programs of public information.
     4         (6)  To supply appropriate Commonwealth and local
     5     agencies and officials and the general public with
     6     precautionary notices, watches and warnings relating to
     7     actual and potential disasters and to provide a flow of
     8     official information and instructions to the general public
     9     through all means available before, during and after an
    10     emergency.
    11         (7)  To provide emergency direction and control of
    12     Commonwealth and local emergency operations.
    13         (8)  To determine the need for, maintain information
    14     regarding and procure materials, supplies, equipment,
    15     facilities and services necessary for disaster emergency
    16     readiness, response and recovery.
    17         (9)  To provide for mobile support units.
    18         (10)  To make or request of Commonwealth or local
    19     agencies and officials, studies, surveys and reports as are
    20     necessary to carry out the purposes of this part.
    21         (11)  To plan and make arrangements for the availability
    22     and use of any private facilities, services and property and,
    23     if necessary and if in fact used, provide for payment for use
    24     under terms and conditions agreed upon.
    25         (12)  To prepare, for issuance by the Governor, executive
    26     orders, proclamations and regulations as necessary or
    27     appropriate in coping with disasters.
    28         (13)  To cooperate with the Federal Government and any
    29     public or private agency or entity in achieving any purpose
    30     of this part and in implementing programs for disaster
    19770S1104B1559                 - 25 -

     1     prevention, preparation, response and recovery.
     2         (14)  To administer grant programs to political
     3     subdivisions for disaster preparedness.
     4         (15)  To accept and coordinate assistance provided by
     5     Federal agencies in major disasters in accordance with the
     6     provisions of the Federal Disaster Relief Act of 1974 (Public
     7     Law 93-288, 42 U.S.C. § 5121 et seq.), or any amendment or
     8     reenactment thereof.
     9         (16)  To respond to disaster relating to atomic energy
    10     operations or radioactive objects or materials. Any such
    11     action taken and any regulations adopted by the office shall
    12     be inapplicable to any objects or materials possessing a
    13     radiation-producing capacity less than that set forth as the
    14     maximum safety limit by the standards endorsed and as may be
    15     subsequently endorsed by the United States Nuclear Regulatory
    16     Commission for the protection of life and property and the
    17     maintenance of health and safety.
    18         (17)  To take other action necessary, incidental or
    19     appropriate for the implementation of this part.
    20  § 7314.  Utilization of existing services and facilities.
    21     In order to avoid duplication of services and facilities, the
    22  office shall utilize the services and facilities of existing
    23  officers, offices, departments, commissions, boards, bureaus,
    24  institutions and other agencies of the Commonwealth and of the
    25  political subdivisions thereof. These officers and agencies
    26  shall cooperate with and extend their services and facilities to
    27  the office as requested.
    28                             CHAPTER 75
    29                  LOCAL ORGANIZATIONS AND SERVICES
    30  Subchapter
    19770S1104B1559                 - 26 -

     1     A.  General Provisions
     2     B.  Payment of Expenses
     3                            SUBCHAPTER A
     4                         GENERAL PROVISIONS
     5  Sec.
     6  7501.  General authority of political subdivisions.
     7  7502.  Local director of emergency preparedness.
     8  7503.  Powers and duties of political subdivisions.
     9  7504.  Coordination, assistance and mutual aid.
    10  § 7501.  General authority of political subdivisions.
    11     (a)  Establishing disaster emergency preparedness
    12  organization.--Each political subdivision of this Commonwealth
    13  is directed and authorized to establish a local emergency
    14  preparedness organization in accordance with the plan and
    15  program of the State Office of Emergency Preparedness. Each
    16  local organization shall have responsibility for disaster
    17  emergency preparedness, response and recovery within the
    18  territorial limits of the political subdivision within which it
    19  is organized and, in addition, shall conduct such services
    20  outside of its jurisdictional limits as may be required under
    21  this part.
    22     (b)  Declaration of disaster emergency.--A local disaster
    23  emergency may be declared by the governing body of a political
    24  subdivision upon finding a disaster has occurred or is imminent.
    25  The governing body of a political subdivision may authorize the
    26  mayor or other chief executive officer to declare a local
    27  disaster emergency subject to ratification by the governing
    28  body. The declaration shall not be continued or renewed for a
    29  period in excess of seven days except by or with the consent of
    30  the governing body of the political subdivision. Any order or
    19770S1104B1559                 - 27 -

     1  proclamation declaring, continuing or terminating a local
     2  disaster emergency shall be given prompt and general publicity
     3  and shall be filed promptly with the State office. The effect of
     4  a declaration of a local disaster emergency is to activate the
     5  response and recovery aspects of any and all applicable local
     6  emergency preparedness plans and to authorize the furnishing of
     7  aid and assistance thereunder.
     8     (c)  Contracts and obligations.--In carrying out the
     9  provisions of this part, each political subdivision shall have
    10  the power to enter into contracts and incur obligations
    11  necessary to disaster emergency preparedness, response and
    12  recovery.
    13     (d)  Temporary suspension of formal requirements.--Each
    14  political subdivision included in a declaration of disaster
    15  emergency is authorized pursuant to section 7301(c) (relating to
    16  general authority of Governor) to exercise the powers vested
    17  under this section in the light of the exigencies of the
    18  emergency situation without regard to time-consuming procedures
    19  and formalities prescribed by law (excepting mandatory
    20  constitutional requirements) pertaining to the performance of
    21  public work, entering into contracts, the incurring of
    22  obligations, the employment of temporary workers, the rental of
    23  equipment, the purchase of supplies and materials, the levying
    24  of taxes and the appropriation and expenditure of public funds.
    25     (e)  Employment of personnel.--In order to meet prescribed
    26  requirements for eligibility to receive Federal contributions
    27  authorized under the provisions of the Federal Civil Defense Act
    28  of 1950 (64 Stat. 1245, 50 U.S.C. App. § 2251 et seq.) or any
    29  amendment or reenactment thereof, political subdivisions are
    30  authorized to avail themselves of services offered by the State
    19770S1104B1559                 - 28 -

     1  Civil Service Commission under the provisions of the act of
     2  August 5, 1941 (P.L.752, No.286), known as the "Civil Service
     3  Act," in connection with the employment of personnel in local
     4  organizations established pursuant to the provisions of this
     5  part.
     6  § 7502.  Local director of emergency preparedness.
     7     (a)  General rule.--Each local organization for disaster
     8  emergency preparedness shall have a director who shall be
     9  responsible for the planning, administration and operation of
    10  the local organization subject to the direction and control of
    11  the executive officer or governing body.
    12     (b)  Appointment.--The director shall be appointed by the
    13  Governor upon the recommendation of the executive officer or
    14  governing body of the political subdivision. A full-time
    15  director shall be employed in each county. Upon the failure of
    16  the executive officer or governing body of a political
    17  subdivision to make a recommendation to the Governor of a
    18  candidate for director within the time fixed by the Governor,
    19  the Governor is authorized to appoint a director without any
    20  recommendation. A candidate for director for two or more
    21  political subdivisions may be recommended to the Governor for
    22  appointment upon agreement by resolution of the governing bodies
    23  of such political subdivisions. Any other law notwithstanding, a
    24  local government official may be recommended for appointment.
    25     (c)  Qualifications.--A director shall be professionally
    26  competent and capable of planning, effecting coordination among
    27  operating agencies of government and controlling coordinated
    28  operations by local emergency preparedness forces. He shall be
    29  assigned no duties in conflict with the primary duty of
    30  director.
    19770S1104B1559                 - 29 -

     1     (d)  In-service training.--
     2         (1)  Each appointed director shall:
     3             (i)  Attend and successfully complete a basic
     4         emergency preparedness seminar as prescribed by the State
     5         office within one year after appointment.
     6             (ii)  Attend and successfully complete an advanced
     7         emergency preparedness seminar as prescribed by the State
     8         office within three years after appointment.
     9             (iii)  Attend and successfully complete training
    10         conferences called by the official having responsibility
    11         for providing the director with in-service training.
    12             (iv)  Failure to attend the basic and advanced
    13         seminars or failure to attend a prescribed training
    14         conference for a period of two consecutive years shall be
    15         cause for replacement.
    16         (2)  Responsibility for the professional in-service
    17     training of each director rests with each successive higher
    18     political subdivision than the one in which the director is
    19     functioning.
    20     (e)  Expenses.--Each appointed director shall be reimbursed
    21  for actual expenses incurred in the performance of his duties
    22  and attendance at scheduled meetings.
    23  § 7503.  Powers and duties of political subdivisions.
    24     Each political subdivision shall:
    25         (1)  Prepare, maintain and keep current a disaster
    26     emergency preparedness plan for the prevention and
    27     minimization of injury and damage caused by disaster, prompt
    28     and effective response to disaster and disaster emergency
    29     relief and recovery in consonance with the Commonwealth
    30     Emergency Preparedness Plan.
    19770S1104B1559                 - 30 -

     1         (2)  Establish, equip and staff an emergency operations
     2     center, provide communications to support government
     3     operations in emergencies and provide other essential
     4     facilities and equipment for agencies and activities assigned
     5     emergency functions.
     6         (3)  Provide individual and organizational training
     7     programs to insure prompt, efficient and effective disaster
     8     emergency services.
     9         (4)  Organize, prepare and coordinate all locally
    10     available manpower, materials, supplies, equipment,
    11     facilities and services necessary for disaster emergency
    12     readiness, response and recovery.
    13         (5)  Adopt and implement precautionary measures to
    14     mitigate the anticipated effects of disaster.
    15         (6)  Execute and enforce such rules and orders as the
    16     State office shall adopt and promulgate under the authority
    17     of this part.
    18         (7)  Cooperate and coordinate with any public and private
    19     agency or entity in achieving any purpose of this part.
    20         (8)  Have available for inspection at its emergency
    21     operations center all disaster emergency plans, rules and
    22     orders of the Governor and the State office.
    23         (9)  Provide prompt and accurate information regarding
    24     local disaster emergencies to appropriate Commonwealth and
    25     local officials and agencies and the general public.
    26  § 7504.  Coordination, assistance and mutual aid.
    27     (a)  Responsibility for direction and coordination.--
    28  Direction of disaster emergency services is the responsibility
    29  of the lowest level of government affected. When two or more
    30  political subdivisions within a county are affected, the county
    19770S1104B1559                 - 31 -

     1  organization shall exercise responsibility for coordination and
     2  support to the area of operations. When two or more counties are
     3  involved, coordination shall be provided by the State office or
     4  by area organizations established by the State office.
     5     (b)  Assistance from higher government unit.--When all
     6  appropriate locally available forces and resources are fully
     7  committed by the affected political subdivision, assistance from
     8  a higher level of government shall be provided.
     9     (c)  Municipal mutual aid agreements.--County and local
    10  directors of emergency preparedness shall develop mutual aid
    11  agreements with adjacent political subdivisions for reciprocal
    12  emergency assistance. The agreements shall be consistent with
    13  the plans and programs of the State office. In disaster
    14  emergencies, requests for mutual aid assistance shall be
    15  referred to the organization having responsibility for
    16  coordination as specified in subsection (a) and in time of
    17  emergency it shall be the duty of each local organization to
    18  render assistance in accordance with the provisions of the
    19  mutual aid agreements.
    20     (d)  Interstate mutual aid arrangements.--The director of
    21  each local organization may, subject to approval of the
    22  Governor, enter into mutual aid arrangements with similar
    23  agencies or organizations in other states for reciprocal
    24  disaster emergency services.
    25     (e)  Control of outside support forces.--Support forces
    26  furnished political subdivisions from outside its jurisdiction
    27  shall be under the operational control of the department, agency
    28  or office furnishing the force.
    29                            SUBCHAPTER B
    30                        PAYMENT OF EXPENSES
    19770S1104B1559                 - 32 -

     1  Sec.
     2  7511.  Appropriations by political subdivisions.
     3  7512.  Law applicable to local organizations.
     4  7513.  Agreements among political subdivisions.
     5  7514.  Payments involving one political subdivision.
     6  7515.  Payments involving two or more political subdivisions.
     7  § 7511.  Appropriations by political subdivisions.
     8     (a)  General rule.--Every political subdivision shall have
     9  the power to make appropriations for the payment of expenses of
    10  the local organization in the manner provided by law for making
    11  appropriations for the ordinary expenses of the political
    12  subdivision. In making appropriations, the political subdivision
    13  shall specify the amounts and purposes for which the moneys
    14  appropriated may be used by the organization to or for which
    15  such appropriation may be made.
    16     (b)  Two or more local organizations.--Nothing in this
    17  subchapter or any other provision of this part shall be deemed
    18  to limit the power of any political subdivision to appropriate
    19  money for the purpose of paying the expenses of a local
    20  organization having jurisdiction both within and without the
    21  political subdivision even though an appropriation has been or
    22  is to be made to another local organization coterminous with or
    23  having jurisdiction within the political subdivision. Payments
    24  on account of an appropriation under this subsection shall be
    25  made pursuant to an agreement under section 7513 (relating to
    26  agreements among political subdivisions) or in the form of a
    27  gift or grant to the political subdivision responsible in the
    28  first instance for the payment of bills and claims against the
    29  local organization for the payment of the expenses for which the
    30  appropriation was made.
    19770S1104B1559                 - 33 -

     1  § 7512.  Law applicable to local organizations.
     2     (a)  General rule.--Where the jurisdiction of the local
     3  organization is coterminous with the political subdivision
     4  making an appropriation for the payment of the expenses, the
     5  local organization shall be deemed an agency, board or
     6  commission of the political subdivision, subject to all of the
     7  laws governing the making of contracts or purchases, the
     8  employment of persons or otherwise incurring financial
     9  obligations which apply to the political subdivision.
    10     (b)  Second class townships.--No purchase or purchases shall
    11  be made, no contract entered into and no expenses incurred by
    12  any local organization which involves the payment of more than
    13  $25 out of the treasury of any second class township unless the
    14  proposed expenditure has been approved in writing by the
    15  township supervisors. If any purchase or contract is made or
    16  other expenses incurred contrary to the provisions of this
    17  subsection, the township shall not be responsible for the
    18  payment thereof but the person acting for the local organization
    19  in the transaction shall be personally liable for the payment.
    20  § 7513.  Agreements among political subdivisions.
    21     (a)  General rule.--Where a local organization has
    22  jurisdiction in an area including all or parts of more than one
    23  political subdivision which does not include the whole area of
    24  any county, the political subdivisions, all or part of which lie
    25  within the jurisdiction of the organization, shall, before
    26  paying any expenses of the organization, enter into an agreement
    27  designating one of the political subdivisions as the agent of
    28  each of them for the purpose of paying the expenses of the local
    29  organization. The agreement shall also set forth the
    30  proportionate share of the expenses of the organization to be
    19770S1104B1559                 - 34 -

     1  paid by each political subdivision party to the agreement and an
     2  estimate of the amount required to be appropriated by each of
     3  them for the purpose of paying the expenses. The agreement shall
     4  be effective when approved by the corporate authorities of each
     5  of the political subdivisions by a majority vote and each of the
     6  subdivisions shall thereupon make an appropriation pursuant to
     7  section 7511 (relating to appropriations by political
     8  subdivisions) sufficient to pay its share of the expenses of the
     9  organization.
    10     (b)  Counties.--Where the local organization has jurisdiction
    11  in an area including the whole area of one or more counties
    12  which is not coterminous with any one county, before paying any
    13  expenses of the organization, the counties, all or part of which
    14  lie within the jurisdiction of the organization, shall enter
    15  into an agreement in the manner and form provided in subsection
    16  (a) and with like effect, and no other political subdivision
    17  lying within the jurisdiction of the organization shall be a
    18  party to the agreement.
    19  § 7514.  Payments involving one political subdivision.
    20     (a)  General rule.--All bills or claims to be paid from any
    21  appropriation made by a political subdivision coterminous with
    22  the local organization, after first being approved by the local
    23  organization or an appropriate officer thereof designated for
    24  that purpose, shall be paid from the treasury of the political
    25  subdivision only upon the warrant or order of the officer or
    26  officers of the political subdivision designated by law to
    27  approve or countersign warrants or orders for the payment of the
    28  ordinary expenses of the political subdivision, and shall be
    29  subject to audit in the same manner as other financial
    30  transactions of the political subdivision. In each case, the
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     1  officer or officers shall have the same power to approve or
     2  disapprove as they have in case of warrants for ordinary
     3  expenses of the political subdivision, and no warrant or order
     4  for the payment thereof shall be issued without the approval.
     5     (b)  Gift or grant of money.--Any gift or grant of money made
     6  to the local organization or to the political subdivision for
     7  the payment of expenses incurred or to be incurred by or for the
     8  organization shall be deposited in the treasury of the political
     9  subdivision and shall be appropriated by the political
    10  subdivision for the purpose for which the gift or grant was
    11  made, and any bills or claims to be paid from the gift or grant
    12  shall be paid in the manner provided in this subchapter for the
    13  payment of other bills and claims against the political
    14  subdivision.
    15  § 7515.  Payments involving two or more political subdivisions.
    16     (a)  General rule.--Where two or more political subdivisions
    17  have entered into an agreement as provided by section 7513
    18  (relating to agreements among political subdivisions), all bills
    19  and claims for expenses incurred by or for the local
    20  organization shall thereafter be paid in the first instance by
    21  the political subdivision named as agent in the agreement in the
    22  manner provided in section 7514 (relating to payments involving
    23  one political subdivision) as though the organization were
    24  coterminous with the political subdivision, and the organization
    25  shall be subject to all of the laws governing the making of
    26  contracts or purchases, the employment of persons or otherwise
    27  incurring financial obligations which apply to the political
    28  subdivision.
    29     (b)  Accounting by agent.--The political subdivision
    30  designated as agent shall, not later than the fifteenth day of
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     1  each month, submit an itemized account of the expenses of the
     2  organization paid by it during the preceding calendar month to
     3  each of the other political subdivisions party to the agreement,
     4  together with a request for reimbursement of the proportionate
     5  share of expenses agreed to be paid by each of the other
     6  political subdivisions.
     7     (c)  Reimbursement of agent.--Each political subdivision
     8  requested to make reimbursement shall do so within 30 days after
     9  the request from the appropriation made for the payment of the
    10  expenses of the organization and, in the event of failure to do
    11  so, mandamus shall lie to compel the officers of the political
    12  subdivision to pay the agreed-upon proportionate share of the
    13  proper expenses of the organization out of the first moneys
    14  thereafter in the treasury of the political subdivision and not
    15  previously pledged to any other purpose. No political
    16  subdivision may be compelled to pay for any one year an amount
    17  greater than the amount estimated in the agreement as its
    18  proportionate share. Any payment made by any political
    19  subdivision to the political subdivision named as agent in the
    20  agreement for reimbursement for the payment of the expenses of
    21  the organization shall be credited by the agent political
    22  subdivision to the appropriation made by it for the payment of
    23  the expenses of the organization and shall be available for the
    24  payment of future expenses of the organization without further
    25  appropriation or action by the agent political subdivision.
    26     (d)  Gift or grant of money.--Any gift or grant of money made
    27  to or for the local organization, if made to a political
    28  subdivision, shall be deposited in its treasury and be
    29  appropriated by it for the purpose for which the gift or grant
    30  was made and the political subdivision shall notify the
    19770S1104B1559                 - 37 -

     1  political subdivision named as agent in the agreement of the
     2  appropriation and the purpose for which it is available. If the
     3  gift or grant of money is made to the organization, it shall be
     4  deposited in the treasury of the political subdivision named as
     5  agent in the agreement and shall be appropriated by the
     6  political subdivision for the purpose for which the gift or
     7  grant was made. Any expenditure made by the agent political
     8  subdivision from any gift or grant deposited in its treasury or
     9  reimbursed from any gift or grant deposited in the treasury of
    10  any other political subdivision shall not be included in
    11  computing the reimbursement requested from any other political
    12  subdivision under the agreement.
    13                             CHAPTER 77
    14                      MISCELLANEOUS PROVISIONS
    15  Sec.
    16  7701.  Duties concerning disaster prevention.
    17  7702.  Acceptance of services, gifts, grants and loans.
    18  7703.  Interstate arrangements.
    19  7704.  Immunity from civil liability.
    20  7705.  Accidental injury or death benefits.                       <--
    21  7706 7705.  Special powers of local agencies.
    22  § 7701.  Duties concerning disaster prevention.
    23     (a)  Governor.--In addition to disaster prevention measures
    24  included in the Commonwealth and local plans, the Governor shall
    25  consider on a continuing basis steps that could be taken to
    26  prevent or reduce the harmful consequences of disasters. The
    27  Governor, from time to time, shall make recommendations to the
    28  General Assembly, political subdivisions and other appropriate
    29  public and private entities as may facilitate measures for
    30  prevention or reduction of the harmful consequences of
    19770S1104B1559                 - 38 -

     1  disasters.
     2     (b)  Department of Environmental Resources.--The Department
     3  of Environmental Resources, in conjunction with the State Office
     4  of Emergency Preparedness, shall keep land uses and construction
     5  of structures and other facilities under continuing study and
     6  identify areas which are particularly susceptible to severe land
     7  shifting, subsidence, flood or other catastrophic occurrence.
     8  The studies under this subsection shall concentrate on means of
     9  reducing or avoiding the dangers caused by this occurrence or
    10  the consequences thereof.
    11     (c)  Other Commonwealth agencies.--At the direction of the
    12  Governor, and pursuant to any other authority and competence
    13  they have, Commonwealth agencies, including but not limited to
    14  those charged with responsibilities in connection with
    15  floodplain management, stream encroachment and flow regulation,
    16  weather modification, fire prevention and control, air quality,
    17  public works, land use and land-use planning, construction
    18  standards, public utilities and energy, shall make studies of
    19  disaster prevention-related matters.
    20  § 7702.  Acceptance of services, gifts, grants and loans.
    21     (a)  General rule.--Whenever any person or the Federal
    22  Government or any Federal agency or officer offers to the
    23  Commonwealth or, through the Commonwealth, to any political
    24  subdivision, services, equipment, supplies, materials or funds
    25  by way of gift, grant or loan for purposes of disaster emergency
    26  services, the Commonwealth, acting through the Governor, or the
    27  political subdivision, acting with the consent of the Governor
    28  and through its executive officer or governing body, may accept
    29  the offer and upon acceptance the Governor or executive officer
    30  or governing body of the political subdivision may authorize any
    19770S1104B1559                 - 39 -

     1  officer of the Commonwealth or of the political subdivision, as
     2  the case may be, to receive the services, equipment, supplies,
     3  materials or funds on behalf of the Commonwealth or political
     4  subdivision subject to the terms of the offer and the rules and
     5  regulations, if any, of the agency or person making the offer.
     6     (b)  Property of Commonwealth.--All equipment, supplies and
     7  materials referred to in subsection (a) shall, when accepted by
     8  the Commonwealth, be treated as the property of the Commonwealth
     9  and shall be subject to the relevant provisions of the act of
    10  April 9, 1929 (P.L.177, No.175), known as "The Administrative
    11  Code of 1929," unless the General Assembly directs otherwise by
    12  statute.
    13  § 7703.  Interstate arrangements.
    14     (a)  General rule.--Upon finding that a vulnerable area lies
    15  only partly within this Commonwealth and includes territory in
    16  another state or states or territory in a foreign jurisdiction
    17  and that it would be desirable to establish an interstate
    18  relationship, mutual aid or an area organization for disaster
    19  emergency services, the Governor shall take steps to that end as
    20  desirable.
    21     (b)  Negotiation and status of agreements.--If this action is
    22  taken with jurisdictions that have enacted the Interstate Civil
    23  Defense and Disaster Compact, any resulting agreement or
    24  agreements may be considered supplemental agreements pursuant to
    25  Article 6 of that compact. If the other jurisdiction or
    26  jurisdictions with which the Governor proposes to cooperate
    27  pursuant to subsection (a) have not enacted that compact, the
    28  Governor may negotiate special agreements with the jurisdiction
    29  or jurisdictions.
    30     (c)  Legislative approval of agreements.--Any agreement, if
    19770S1104B1559                 - 40 -

     1  sufficient authority for the making thereof does not otherwise
     2  exist, becomes effective only after its text has been
     3  communicated to the General Assembly and provided that neither
     4  House of the General Assembly has disapproved it by adjournment
     5  of the next ensuing session competent to consider it or within
     6  30 days of its submission, whichever is longer.
     7  § 7704.  Immunity from civil liability.
     8     (a)  General rule.--Neither the Commonwealth nor any
     9  political subdivision thereof nor other agencies nor, except in
    10  cases of willful misconduct, the agents, employees or
    11  representatives of any of them engaged in any emergency services
    12  activities, nor except in cases of willful misconduct or gross
    13  negligence any individual or other person under contract with
    14  them to provide equipment or work on a cost basis to be used in
    15  disaster relief, while complying with or attempting to comply
    16  with this part or any rule or regulation promulgated pursuant to
    17  the provisions of this part, shall be liable for the death of or
    18  any injury to persons or loss or damage to property as a result
    19  of that activity.
    20     (b)  Real estate owners.--Any person owning or controlling
    21  real estate or other premises, who voluntarily and without
    22  compensation, grants a license or privilege or otherwise permits
    23  the designation or use of the whole or any part or parts of the
    24  real estate or premises for any emergency services purpose,
    25  shall, together with his successors in interest, if any, not be
    26  civilly liable for negligently causing the death of or injury to
    27  or loss or damage to the property of any person who is upon the
    28  real estate or other premises for that purpose.
    29     (c)  Other benefits unaffected.--This section does not affect
    30  the right of any person to receive benefits to which he would
    19770S1104B1559                 - 41 -

     1  otherwise be entitled under this part or under the workmen's
     2  compensation laws or under any pension law, nor the right of any
     3  person to receive any benefits or compensation under any Federal
     4  law.
     5  § 7705.  Accidental injury or death benefits.                     <--
     6     (a)  General rule.--All duly enrolled emergency services
     7  volunteers who are not eligible to receive benefits under the
     8  workmen's compensation laws shall be entitled, except during a
     9  state of war or period of armed conflict within the continental
    10  limits of the United States, to the following benefits relating
    11  to injuries sustained while actually engaged in emergency
    12  preparedness and emergency services activities or in or enroute
    13  to and from civil defense or emergency services tests or
    14  operations authorized by the State Office of Emergency
    15  Preparedness and carried out in accordance with rules and orders
    16  promulgated and adopted by the office:
    17         (1)  A sum of $1,500 for accidental injury directly
    18     causing or leading to death.
    19         (2)  A sum not exceeding $750 for reimbursement for
    20     medical and hospital expenses associated with accidental
    21     injury.
    22         (3)  Weekly payments of $25, beginning on the eighth day
    23     of disability and continuing for not more than 26 weeks, for
    24     disability directly arising from accidental injury rendering
    25     the individual totally incapable of following his normal
    26     gainful pursuits.
    27     (b)  Claims and payments.--All benefits hereby authorized
    28  shall be paid out of funds appropriated to the office. Payments
    29  shall be made on the basis of claims submitted to the office
    30  through the Department of Labor and Industry in accordance with
    19770S1104B1559                 - 42 -

     1  rules and orders promulgated and adopted by the office.
     2  § 7706 § 7705.  Special powers of local agencies.
     3     (a)  Roadway clearance.--Whenever the Governor shall have
     4  proclaimed a disaster emergency under section 7301(c) (relating
     5  to declaration of disaster emergency), officials of any
     6  political subdivision included in the disaster emergency shall
     7  have the authority to clear such roadways as are necessary for
     8  the health, safety and welfare of residents, even though such
     9  roadways are not officially the responsibility of such political
    10  subdivision. The political subdivision may be reimbursed for the
    11  cost of such clearing as provided in subsection (c).
    12     (b)  Water systems.--Whenever the Governor shall have
    13  proclaimed a disaster emergency under section 7301(c) and in the
    14  event that a water system owned or operated by a political
    15  subdivision or municipal authority is damaged, destroyed or made
    16  inoperable as a direct result of such disaster emergency, the
    17  political subdivision or municipal authority shall have the
    18  authority to lease or hire such personnel and equipment as may
    19  be needed to effect restoration of such water system. The
    20  political subdivision or municipal authority may be reimbursed
    21  for the cost of such restoration as provided in subsection (c).
    22     (c)  Reimbursement.--Whenever the Governor shall have
    23  proclaimed a disaster emergency under section 7301(c), he shall
    24  have power to transfer any unused funds which may have been
    25  appropriated for the ordinary expenses of government in the
    26  General Fund to such State agencies as he may direct to be
    27  expended for reimbursements as provided in subsections (a) and
    28  (b). Such reimbursements shall be made in accordance with and to
    29  the extent permitted by regulations issued by such agency or
    30  agencies as the Governor may designate to administer the
    19770S1104B1559                 - 43 -

     1  reimbursement programs established by subsections (a) and (b).
     2  The total of such transfers shall never exceed $1,000,000 in any
     3  one year except by action of the General Assembly.
     4     (d)  Limitations.--Reimbursements pursuant to subsection (c)
     5  shall not be made to the extent that the Commonwealth, a
     6  political subdivision or a municipal authority may be eligible
     7  for assistance from the Federal Government.
     8  SECTION 2.  TRANSFERS.                                            <--
     9     ALL PERSONNEL, ALLOCATIONS, APPROPRIATIONS, EQUIPMENT, FILES,
    10  RECORDS, CONTRACTS, AGREEMENTS, OBLIGATIONS, AND OTHER MATERIAL
    11  WHICH ARE USED, EMPLOYED OR EXPENDED IN CONNECTION WITH THE
    12  POWERS, DUTIES OR FUNCTIONS OF THE STATE COUNCIL OF CIVIL
    13  DEFENSE ARE HEREBY TRANSFERRED TO THE OFFICE OF EMERGENCY
    14  PREPAREDNESS WITH THE SAME FORCE AND EFFECT AS IF THE
    15  APPROPRIATIONS HAD BEEN MADE TO AND THE ITEMS HAD BEEN THE
    16  PROPERTY OF THE OFFICE OF EMERGENCY PREPAREDNESS IN THE FIRST
    17  INSTANCE AND AS IF THE CONTRACTS, AGREEMENTS AND OBLIGATIONS HAD
    18  BEEN INCURRED OR ENTERED INTO BY THE OFFICE OF EMERGENCY
    19  PREPAREDNESS.
    20  Section 2 3.  Repeals.                                            <--
    21     The following acts are repealed:
    22     Act of March 19, 1951 (P.L.28, No.4), known as the "State
    23  Council of Civil Defense Act of 1951."
    24     Act of March 19, 1951 (P.L.42, No.6), entitled "An act
    25  authorizing certain political subdivisions to make
    26  appropriations for the payment of expenses of local or district
    27  councils of civil defense within said political subdivisions and
    28  for the protection or preparation for the protection of the
    29  health, welfare and safety of the civilian population of said
    30  political subdivision during emergencies resulting from air
    19770S1104B1559                 - 44 -

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






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