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        PRIOR PRINTER'S NO. 3020                      PRINTER'S NO. 4064

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2112 Session of 2007


        INTRODUCED BY COSTA, GOODMAN, FRANKEL, KOTIK, PRESTON, READSHAW,
           K. SMITH, BRENNAN, CALTAGIRONE, CAPPELLI, CARROLL, CREIGHTON,
           GEIST, GEORGE, GRUCELA, HALUSKA, HARKINS, HENNESSEY,
           HUTCHINSON, W. KELLER, KULA, MAHONEY, MARSHALL, McILHATTAN,
           MOYER, MURT, PAYNE, SANTONI, SAYLOR, SIPTROTH, SOLOBAY,
           THOMAS, J. WHITE, YOUNGBLOOD, YUDICHAK, McILVAINE SMITH AND
           DeWEESE, DECEMBER 13, 2007

        AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
           PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,
           JUNE 25, 2008

                                     AN ACT

     1  Amending Title 35 (Health and Safety) of the Pennsylvania
     2     Consolidated Statutes, providing for mutual aid.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Chapter 73 of Title 35 of the Pennsylvania
     6  Consolidated Statutes is amended by adding a subchapter to read:
     7                            SUBCHAPTER C
     8                       INTRASTATE MUTUAL AID
     9  Sec.
    10  7331.  Purpose of subchapter.
    11  7332.  Definitions.
    12  7333.  Intrastate Mutual Aid Committee.
    13  7334.  System.
    14  7335.  Assistance.


     1  7336.  License, certificate and permit portability.
     2  7337.  Insurance.
     3  7338.  Workers' compensation.
     4  7339.  Immunity.
     5  7340.  Effect on other agreements.
     6  § 7331.  Purpose of subchapter.
     7     The purpose of this subchapter is to create a system of
     8  intrastate mutual aid between participating political
     9  subdivisions within this Commonwealth, whereby each
    10  participating political subdivision recognizes that emergencies
    11  transcend the boundaries of a political subdivision and that
    12  intergovernmental coordination is essential for the protection
    13  of lives and property and for the best use of available public
    14  and private assets. The system shall provide for mutual
    15  assistance among the participating political subdivisions in the
    16  prevention of, response to and recovery from threats to public
    17  health and safety that are beyond the capability of an affected
    18  community to respond. The system shall provide for mutual
    19  cooperation among the participating subdivisions in conducting
    20  exercises, testing or other training activities.
    21  § 7332.  Definitions.
    22     The following words and phrases when used in this subchapter
    23  shall have the meanings given to them in this section unless the
    24  context clearly indicates otherwise:
    25     "Agency."  The Pennsylvania Emergency Management Agency.
    26     "Dedicated emergency response organization."  Any entity
    27  organized, chartered or incorporated in this Commonwealth or
    28  chartered by the Congress of the United States for the primary
    29  purpose of providing emergency services. The term shall include
    30  volunteer, career and combination organizations.
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     1     "Emergency responder."  An individual in the public or
     2  private sector who has special skills, qualification, training,
     3  knowledge or experience, whether or not the person possesses a
     4  license, certificate, permit or other official recognition for
     5  the skills, qualification, training, knowledge or experience,
     6  that would benefit a participating political subdivision in
     7  responding to an authorized mutual aid request or participating
     8  in an authorized drill or exercise. The term shall include a law
     9  enforcement officer, a firefighter, an emergency medical
    10  services worker, a physician, nurse or other public health
    11  worker, an emergency management official, A CORONER OR MEDICAL    <--
    12  EXAMINER, A STATE-CERTIFIED HAZARDOUS MATERIALS TEAM MEMBER, a
    13  public works worker, a building inspector, an architect, an
    14  engineer or other design professional or a person with
    15  specialized equipment operations skills or training or with any
    16  other skills needed to provide aid in a declared emergency.
    17     "Committee."  The Intrastate Mutual Aid Committee.
    18     "Incident."  Any event or condition which constitutes an
    19  actual or imminent threat to public health and safety, public or
    20  private property or the economic well-being of the community.
    21     "Incident commander."  The individual responsible for all
    22  incident-related activities, including the development of
    23  strategies and tactics and the ordering and releasing of
    24  resources as provided under the National Incident Management
    25  System.
    26     "Mutual aid."  Mutual assistance and sharing of resources
    27  among participating political subdivisions in the prevention of,
    28  response to and recovery from threats to public health and
    29  safety that are beyond the capability of an affected community
    30  to respond.
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     1     "National Incident Management System."  The National Incident
     2  Management System established by the United States Department of
     3  Homeland Security.
     4     "Participating political subdivision."  A political
     5  subdivision that has not opted out of the intrastate mutual aid
     6  system.
     7     "Political subdivision."  Any county, city, borough,
     8  incorporated town or township. The term shall include any
     9  council of governments established among any of the above.
    10     "Requesting political subdivision."  A participating
    11  political subdivision that requests assistance under this
    12  subchapter.
    13     "Responding political subdivision."  A participating
    14  political subdivision that responds to a request for assistance
    15  under this subchapter.
    16     "System."  The intrastate mutual aid system.
    17  § 7333.  Intrastate Mutual Aid Committee.
    18     (a)  Establishment.--There is established the Intrastate
    19  Mutual Aid Committee.
    20     (b)  Membership.--The committee shall be comprised of the
    21  following members:
    22         (1)  The director of the agency or a designee, who shall
    23     serve as the chairman of the committee.
    24         (2)  THE STATE FIRE COMMISSIONER AND THE DIRECTOR OF THE   <--
    25     BUREAU OF EMERGENCY MEDICAL SERVICES OF THE DEPARTMENT OF
    26     HEALTH.
    27         (2)  Two (3)  THREE representatives each from the career   <--
    28     fire services, the volunteer fire services and the emergency
    29     medical services.
    30         (3) (4)  Three county emergency management agency          <--
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     1     directors, one from each agency area, who shall be
     2     recommended by the respective agency area directors.
     3         (4) (5)   One representative each from the State Chiefs    <--
     4     of Police Association, the State Fraternal Order of Police
     5     and the Pennsylvania State Police.
     6         (5) (6)  One representative each from the Statewide        <--
     7     county and municipal government associations' representative
     8     elected officials.
     9         (6) (7)  Three representatives from county-based 911       <--
    10     programs.
    11         (8)  ONE REPRESENTATIVE FROM THE PENNSYLVANIA STATE        <--
    12     CORONERS ASSOCIATION.
    13     (c)  Appointments.--Each member under subsection (b) shall be
    14  appointed by the director of the agency, and the appointment may  <--
    15  SHALL be based on recommendations from the organizations and      <--
    16  associations represented. The county-based 911 members shall be
    17  selected from recommendations made by the three agency area
    18  directors.
    19     (d)  Terms of office.--Members shall serve a term of two
    20  years, and may be appointed for subsequent terms.
    21     (e)  Duties of committee.--The committee shall do all of the
    22  following:
    23         (1)  Hold at least one meeting each year to review the
    24     progress and status of the intrastate mutual aid system.
    25         (2)  Provide participating political subdivisions with a
    26     method to track and evaluate the system.
    27         (3)  Examine issues facing participating political
    28     subdivisions AND EMERGENCY RESPONDERS regarding the            <--
    29     implementation of this subchapter.
    30         (4)  Prepare an annual report on the condition and
    20070H2112B4064                  - 5 -     

     1     effectiveness of mutual aid in this Commonwealth, which shall
     2     be submitted to the chairperson and minority chairperson of
     3     the Veterans Affairs and Emergency Preparedness Committee of
     4     the Senate and the chairperson and minority chairperson of
     5     the Veterans Affairs and Emergency Preparedness Committee of
     6     the House of Representatives. This report may contain
     7     recommendations for correcting any deficiencies within the
     8     system.
     9         (5)  Develop all of the following:
    10             (i)  Comprehensive guidelines and procedures that
    11         address all of the following:
    12                 (A)  Projected or anticipated costs potentially
    13             incurred by a participating political subdivision.
    14                 (B)  Recordkeeping for participating political
    15             subdivisions.
    16                 (C)  Reimbursement procedures and other necessary
    17             implementation elements.
    18                 (D)  Any other procedures that the committee
    19             deems necessary.
    20             (ii)  Checklists for requesting and providing
    21         assistance.
    22             (iii)  Forms for requests and other records to
    23         document the deployment and return of assets.
    24  § 7334.  System.
    25     (a)  Establishment.--An intrastate mutual aid system is
    26  established for the purpose of providing mutual aid within this
    27  Commonwealth.
    28     (b)  Participation.--
    29         (1)  All political subdivisions within this Commonwealth
    30     shall be a part of the system unless the political
    20070H2112B4064                  - 6 -     

     1     subdivision elects not to participate by enacting a
     2     resolution declaring their desire not to participate and by
     3     submitting a copy of the resolution to the agency and to its
     4     county emergency management agency.
     5         (2)  ALL POLITICAL SUBDIVISIONS WITHIN THIS COMMONWEALTH   <--
     6     SHALL CONSULT WITH FIRE AND EMERGENCY MEDICAL SERVICES
     7     PROVIDERS TO DISCUSS THE EMERGENCY SERVICES NEEDS OF THE
     8     POLITICAL SUBDIVISION.
     9         (2) (3)  Any political subdivision that elects not to      <--
    10     participate in the system, as provided under subsection (a),
    11     may at a later date elect to participate in the system by
    12     enacting a resolution declaring its desire to participate and
    13     by submitting a copy of the resolution to the agency and to
    14     its county emergency management agency.
    15         (4)  PARTICIPATION BY A POLITICAL SUBDIVISION IN THE       <--
    16     SYSTEM OF INTRASTATE MUTUAL AID ESTABLISHED BY THIS
    17     SUBCHAPTER SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF 53
    18     PA.C.S. CH. 23 SUBCH. A (RELATING TO INTERGOVERNMENTAL
    19     COOPERATION).
    20     (c)  Responsibilities.--It shall be the responsibility of
    21  each participating political subdivision with jurisdiction over
    22  and responsibility for emergency management within that
    23  political subdivision to do all of the following:
    24         (1)  Identify potential hazards that could affect the
    25     participating political subdivision using an identification
    26     system as developed by the committee common to all
    27     participating political subdivisions.
    28         (2)  Conduct joint planning, intelligence sharing and
    29     threat assessment development with contiguous participating
    30     political subdivisions.
    20070H2112B4064                  - 7 -     

     1         (3)  Conduct joint training with contiguous participating
     2     political subdivisions at least biennially.
     3         (4)  Identify and inventory the current services,
     4     equipment, supplies, personnel and other resources related to
     5     planning, prevention, mitigation, response and recovery
     6     activities of the participating political subdivisions in
     7     accordance with the National Incident Management System
     8     Integration Center resource management guidance.
     9         (5)  Adopt and implement the standardized incident
    10     management system approved by the agency.
    11         (6)  Adopt and implement the National Incident Management
    12     System requirements established by the United States
    13     Department of Homeland Security.
    14  § 7335.  Assistance.
    15     (a)  Requests.--A participating political subdivision may
    16  request assistance of other participating political subdivisions
    17  or their designated emergency response organizations. All
    18  requests for assistance shall be initiated from the incident
    19  commander or authorized designee at an incident location, the
    20  county 911 center or the county emergency manager where the
    21  incident occurs. All intrastate mutual aid requests for
    22  assistance shall be made to the county 911 center or county
    23  emergency management coordinator or authorized designee in the
    24  responding county. Intrastate mutual aid requests for assistance
    25  may also be made through the agency. A written request shall be
    26  submitted after a verbal request is made as soon as practicable
    27  or within the number of days that the agency, in its discretion,
    28  may determine.
    29     (b)  Response to requests.--A participating political
    30  subdivision's obligation to provide assistance in the prevention
    20070H2112B4064                  - 8 -     

     1  of, response to and recovery from an incident or in authorized
     2  drills or exercises shall be subject to all of the following
     3  conditions:
     4         (1)  A responding political subdivision may withhold
     5     resources to the extent necessary to provide reasonable
     6     protection and services for its own jurisdiction.
     7         (2)  Emergency response personnel of a responding
     8     political subdivision shall remain under the administrative
     9     and policy procedures and control of their respective
    10     jurisdiction, including medical protocols, standard operating
    11     procedures and other protocols, but shall be under the
    12     operational control of the appropriate officials within the
    13     incident management system of the requesting political
    14     subdivision.
    15         (3)  Assets and equipment of a responding political
    16     subdivision shall remain under the administrative and policy
    17     procedures and control of their respective jurisdiction but
    18     shall be under the control of the appropriate officials
    19     within the incident management system of the requesting
    20     political subdivision.
    21         (4)  The incident commander shall have overall authority
    22     and responsibility for conducting incident operations and
    23     shall be responsible for the management of all incident
    24     operations at the incident site.
    25     (c)  Reimbursement.--A requesting political subdivision shall
    26  reimburse the responding political subdivision in accordance
    27  with procedures established by the committee. A responding
    28  political subdivision may donate assets of any kind to a
    29  participating political subdivision. If a dispute arises
    30  regarding reimbursement, involved parties shall make every
    20070H2112B4064                  - 9 -     

     1  effort to resolve the dispute within 30 days of written notice
     2  of the dispute by the party asserting noncompliance. In the
     3  event that the dispute is not resolved within 90 days of the
     4  notice of the claim, either party may request the dispute be
     5  resolved through arbitration. Any arbitration requested under
     6  this subsection shall be conducted under the commercial
     7  arbitration rules of the American Arbitration Association.
     8     (d)  Exceptions.--The provisions of this section shall not
     9  apply to specific mutual aid agreements which exist on the
    10  effective date of this section and which were made between
    11  political subdivisions and emergency response organizations to
    12  cover response to routine incidents.
    13  § 7336.  License, certificate and permit portability.
    14     If a person holds a license, certificate or other permit
    15  issued by a participating political subdivision or the
    16  Commonwealth evidencing qualification in a professional,
    17  mechanical or other skill and the assistance of that person or
    18  entity is requested by a participating political subdivision,
    19  the person shall be deemed to be licensed, certified or
    20  permitted in the political subdivision requesting assistance for
    21  the duration of the incident response or authorized drills or
    22  exercises and subject to any limitations and conditions the
    23  chief executive of the participating political subdivision
    24  receiving the assistance may prescribe by executive order or
    25  otherwise.
    26  § 7337.  Insurance.
    27     A responding political subdivision shall ensure that adequate
    28  insurance protection is in effect covering all vehicles and
    29  equipment used in response to an intrastate mutual aid request.
    30  Personnel of the responding political subdivision shall maintain
    20070H2112B4064                 - 10 -     

     1  direct and overall control of all vehicles and equipment
     2  utilized in an intrastate mutual aid response and shall ensure
     3  that vehicles and equipment are used within intended design
     4  specifications.
     5  § 7338.  Workers' compensation.
     6     Notwithstanding any other provision of law, a responding
     7  political subdivision shall provide appropriate workers'
     8  compensation insurance protection for municipal employees and
     9  volunteers representing the responding political subdivision
    10  when responding to a request under this system. Personnel of a
    11  responding political subdivision who sustain injury or death in
    12  the course of and arising out of their employment shall be
    13  entitled to all applicable benefits normally available to
    14  personnel while performing their duties for their employer.
    15  Responders shall receive any additional Federal and State
    16  benefits that may be available to them for line-of-duty deaths.
    17  § 7339.  Immunity.
    18     All activities performed under the intrastate mutual aid
    19  system are deemed to be governmental functions. For the purposes
    20  of liability, all persons responding under the operational
    21  control of the requesting political subdivision shall be deemed
    22  to be employees of the requesting participating political
    23  subdivision. Except in cases of willful misconduct, gross
    24  negligence or bad faith, neither the participating political
    25  subdivisions nor their employees shall be liable for the death
    26  of or injury to persons or for damage to property when complying
    27  or attempting to comply with the system. This subchapter shall
    28  provide no immunity, rights or privileges for any individual
    29  responding to an incident where the response has not been
    30  requested by a participating political subdivision.
    20070H2112B4064                 - 11 -     

     1  § 7340.  Effect on other agreements.
     2     Nothing in this subchapter shall preclude participating
     3  political subdivisions from entering into supplementary
     4  agreements with another political subdivision. Nothing in this
     5  subchapter shall affect any other agreement to which a political
     6  subdivision may, on the effective date of this section, be a
     7  party.
     8     Section 2.  This act shall take effect immediately.















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