PRIOR PRINTER'S NOS. 1306, 1434 PRINTER'S NO. 1559
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 19770S1104B1559 - 15 -
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
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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 19770S1104B1559 - 35 -
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 19770S1104B1559 - 36 -
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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