PRINTER'S NO. 1674
No. 1225 Session of 2007
INTRODUCED BY PIPPY, BAKER, MELLOW, ORIE, McILHINNEY, COSTA, WOZNIAK, RAFFERTY, O'PAKE, ERICKSON, PILEGGI, FONTANA, WAUGH, STACK, FUMO, D. WHITE, RHOADES, BOSCOLA, KITCHEN, FERLO AND A. WILLIAMS, DECEMBER 27, 2007
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, DECEMBER 27, 2007
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. 15 7336. License, certificate and permit portability. 16 7337. Insurance.
1 7338. Workers' compensation. 2 7339. Immunity. 3 7340. Effect on other agreements. 4 § 7331. Purpose of subchapter. 5 The purpose of this subchapter is to create a system of 6 intrastate mutual aid between participating political 7 subdivisions within this Commonwealth, whereby each 8 participating political subdivision recognizes that emergencies 9 transcend the boundaries of a political subdivision and that 10 intergovernmental coordination is essential for the protection 11 of lives and property and for the best use of available public 12 and private assets. The system shall provide for mutual 13 assistance among the participating political subdivisions in the 14 prevention of, response to and recovery from threats to public 15 health and safety that are beyond the capability of an affected 16 community to respond. The system shall provide for mutual 17 cooperation among the participating subdivisions in conducting 18 exercises, testing or other training activities. 19 § 7332. Definitions. 20 The following words and phrases when used in this subchapter 21 shall have the meanings given to them in this section unless the 22 context clearly indicates otherwise: 23 "Agency." The Pennsylvania Emergency Management Agency. 24 "Dedicated emergency response organization." Any entity 25 organized, chartered or incorporated in this Commonwealth or 26 chartered by the Congress of the United States for the primary 27 purpose of providing emergency services. The term shall include 28 volunteer, career and combination organizations. 29 "Emergency responder." An individual in the public or 30 private sector who has special skills, qualification, training, 20070S1225B1674 - 2 -
1 knowledge or experience, whether or not the person possesses a 2 license, certificate, permit or other official recognition for 3 the skills, qualification, training, knowledge or experience, 4 that would benefit a participating political subdivision in 5 responding to an authorized mutual aid request or participating 6 in an authorized drill or exercise. The term shall include a law 7 enforcement officer, a firefighter, an emergency medical 8 services worker, a physician, nurse or other public health 9 worker, an emergency management official, a public works worker, 10 a building inspector, an architect, an engineer or other design 11 professional or a person with specialized equipment operations 12 skills or training or with any other skills needed to provide 13 aid in a declared emergency. 14 "Committee." The Intrastate Mutual Aid Committee. 15 "Incident." Any event or condition which constitutes an 16 actual or imminent threat to public health and safety, public or 17 private property or the economic well-being of the community. 18 "Incident commander." The individual responsible for all 19 incident-related activities, including the development of 20 strategies and tactics and the ordering and releasing of 21 resources as provided under the National Incident Management 22 System. 23 "Mutual aid." Mutual assistance and sharing of resources 24 among participating political subdivisions in the prevention of, 25 response to and recovery from threats to public health and 26 safety that are beyond the capability of an affected community 27 to respond. 28 "National Incident Management System." The National Incident 29 Management System established by the United States Department of 30 Homeland Security. 20070S1225B1674 - 3 -
1 "Participating political subdivision." A political 2 subdivision that has not opted out of the intrastate mutual aid 3 system. 4 "Political subdivision." Any county, city, borough, 5 incorporated town or township. The term shall include any 6 council of governments established among any of the above. 7 "Requesting political subdivision." A participating 8 political subdivision that requests assistance under this 9 subchapter. 10 "Responding political subdivision." A participating 11 political subdivision that responds to a request for assistance 12 under this subchapter. 13 "System." The intrastate mutual aid system. 14 § 7333. Intrastate Mutual Aid Committee. 15 (a) Establishment.--There is established the Intrastate 16 Mutual Aid Committee. 17 (b) Membership.--The committee shall be comprised of the 18 following members: 19 (1) The director of the agency or a designee, who shall 20 serve as the chairman of the committee. 21 (2) Two representatives each from the career fire 22 services, the volunteer fire services and the emergency 23 medical services. 24 (3) Three county emergency management agency directors, 25 one from each agency area, who shall be recommended by the 26 respective agency area directors. 27 (4) One representative each from the State Chiefs of 28 Police Association, the State Fraternal Order of Police and 29 the Pennsylvania State Police. 30 (5) One representative each from the Statewide county 20070S1225B1674 - 4 -
1 and municipal government associations' representative elected 2 officials. 3 (6) Three representatives from county-based 911 4 programs. 5 (c) Appointments.--Each member under subsection (b) shall be 6 appointed by the director of the agency, and the appointment may 7 be based on recommendations from the organizations and 8 associations represented. The county-based 911 members shall be 9 selected from recommendations made by the three agency area 10 directors. 11 (d) Terms of office.--Members shall serve a term of two 12 years, and may be appointed for subsequent terms. 13 (e) Duties of committee.--The committee shall do all of the 14 following: 15 (1) Hold at least one meeting each year to review the 16 progress and status of the intrastate mutual aid system. 17 (2) Provide participating political subdivisions with a 18 method to track and evaluate the system. 19 (3) Examine issues facing participating political 20 subdivisions regarding the implementation of this subchapter. 21 (4) Prepare an annual report on the condition and 22 effectiveness of mutual aid in this Commonwealth, which shall 23 be submitted to the chairperson and minority chairperson of 24 the Veterans Affairs and Emergency Preparedness Committee of 25 the Senate and the chairperson and minority chairperson of 26 the Veterans Affairs and Emergency Preparedness Committee of 27 the House of Representatives. This report may contain 28 recommendations for correcting any deficiencies within the 29 system. 30 (5) Develop all of the following: 20070S1225B1674 - 5 -
1 (i) Comprehensive guidelines and procedures that 2 address all of the following: 3 (A) Projected or anticipated costs potentially 4 incurred by a participating political subdivision. 5 (B) Recordkeeping for participating political 6 subdivisions. 7 (C) Reimbursement procedures and other necessary 8 implementation elements. 9 (D) Any other procedures that the committee 10 deems necessary. 11 (ii) Checklists for requesting and providing 12 assistance. 13 (iii) Forms for requests and other records to 14 document the deployment and return of assets. 15 § 7334. System. 16 (a) Establishment.--An intrastate mutual aid system is 17 established for the purpose of providing mutual aid within this 18 Commonwealth. 19 (b) Participation.-- 20 (1) All political subdivisions within this Commonwealth 21 shall be a part of the system unless the political 22 subdivision elects not to participate by enacting a 23 resolution declaring their desire not to participate and by 24 submitting a copy of the resolution to the agency and to its 25 county emergency management agency. 26 (2) Any political subdivision that elects not to 27 participate in the system, as provided under subsection (a), 28 may at a later date elect to participate in the system by 29 enacting a resolution declaring its desire to participate and 30 by submitting a copy of the resolution to the agency and to 20070S1225B1674 - 6 -
1 its county emergency management agency. 2 (c) Responsibilities.--It shall be the responsibility of 3 each participating political subdivision with jurisdiction over 4 and responsibility for emergency management within that 5 political subdivision to do all of the following: 6 (1) Identify potential hazards that could affect the 7 participating political subdivision using an identification 8 system as developed by the committee common to all 9 participating political subdivisions. 10 (2) Conduct joint planning, intelligence sharing and 11 threat assessment development with contiguous participating 12 political subdivisions. 13 (3) Conduct joint training with contiguous participating 14 political subdivisions at least biennially. 15 (4) Identify and inventory the current services, 16 equipment, supplies, personnel and other resources related to 17 planning, prevention, mitigation, response and recovery 18 activities of the participating political subdivisions in 19 accordance with the National Incident Management System 20 Integration Center resource management guidance. 21 (5) Adopt and implement the standardized incident 22 management system approved by the agency. 23 (6) Adopt and implement the National Incident Management 24 System requirements established by the United States 25 Department of Homeland Security. 26 § 7335. Assistance. 27 (a) Requests.--A participating political subdivision may 28 request assistance of other participating political subdivisions 29 or their designated emergency response organizations. All 30 requests for assistance shall be initiated from the incident 20070S1225B1674 - 7 -
1 commander or authorized designee at an incident location, the 2 county 911 center or the county emergency manager where the 3 incident occurs. All intrastate mutual aid requests for 4 assistance shall be made to the county 911 center or county 5 emergency management coordinator or authorized designee in the 6 responding county. Intrastate mutual aid requests for assistance 7 may also be made through the agency. A written request shall be 8 submitted after a verbal request is made as soon as practicable 9 or within the number of days that the agency, in its discretion, 10 may determine. 11 (b) Response to requests.--A participating political 12 subdivision's obligation to provide assistance in the prevention 13 of, response to and recovery from an incident or in authorized 14 drills or exercises shall be subject to all of the following 15 conditions: 16 (1) A responding political subdivision may withhold 17 resources to the extent necessary to provide reasonable 18 protection and services for its own jurisdiction. 19 (2) Emergency response personnel of a responding 20 political subdivision shall remain under the administrative 21 and policy procedures and control of their respective 22 jurisdiction, including medical protocols, standard operating 23 procedures and other protocols, but shall be under the 24 operational control of the appropriate officials within the 25 incident management system of the requesting political 26 subdivision. 27 (3) Assets and equipment of a responding political 28 subdivision shall remain under the administrative and policy 29 procedures and control of their respective jurisdiction but 30 shall be under the control of the appropriate officials 20070S1225B1674 - 8 -
1 within the incident management system of the requesting 2 political subdivision. 3 (4) The incident commander shall have overall authority 4 and responsibility for conducting incident operations and 5 shall be responsible for the management of all incident 6 operations at the incident site. 7 (c) Reimbursement.--A requesting political subdivision shall 8 reimburse the responding political subdivision in accordance 9 with procedures established by the committee. A responding 10 political subdivision may donate assets of any kind to a 11 participating political subdivision. If a dispute arises 12 regarding reimbursement, involved parties shall make every 13 effort to resolve the dispute within 30 days of written notice 14 of the dispute by the party asserting noncompliance. In the 15 event that the dispute is not resolved within 90 days of the 16 notice of the claim, either party may request the dispute be 17 resolved through arbitration. Any arbitration requested under 18 this subsection shall be conducted under the commercial 19 arbitration rules of the American Arbitration Association. 20 (d) Exceptions.--The provisions of this section shall not 21 apply to specific mutual aid agreements which exist on the 22 effective date of this section and which were made between 23 political subdivisions and emergency response organizations to 24 cover response to routine incidents. 25 § 7336. License, certificate and permit portability. 26 If a person holds a license, certificate or other permit 27 issued by a participating political subdivision or the 28 Commonwealth evidencing qualification in a professional, 29 mechanical or other skill and the assistance of that person or 30 entity is requested by a participating political subdivision, 20070S1225B1674 - 9 -
1 the person shall be deemed to be licensed, certified or 2 permitted in the political subdivision requesting assistance for 3 the duration of the incident response or authorized drills or 4 exercises and subject to any limitations and conditions the 5 chief executive of the participating political subdivision 6 receiving the assistance may prescribe by executive order or 7 otherwise. 8 § 7337. Insurance. 9 A responding political subdivision shall ensure that adequate 10 insurance protection is in effect covering all vehicles and 11 equipment used in response to an intrastate mutual aid request. 12 Personnel of the responding political subdivision shall maintain 13 direct and overall control of all vehicles and equipment 14 utilized in an intrastate mutual aid response and shall ensure 15 that vehicles and equipment are used within intended design 16 specifications. 17 § 7338. Workers' compensation. 18 Notwithstanding any other provision of law, a responding 19 political subdivision shall provide appropriate workers' 20 compensation insurance protection for municipal employees and 21 volunteers representing the responding political subdivision 22 when responding to a request under this system. Personnel of a 23 responding political subdivision who sustain injury or death in 24 the course of and arising out of their employment shall be 25 entitled to all applicable benefits normally available to 26 personnel while performing their duties for their employer. 27 Responders shall receive any additional Federal and State 28 benefits that may be available to them for line-of-duty deaths. 29 § 7339. Immunity. 30 All activities performed under the intrastate mutual aid 20070S1225B1674 - 10 -
1 system are deemed to be governmental functions. For the purposes 2 of liability, all persons responding under the operational 3 control of the requesting political subdivision shall be deemed 4 to be employees of the requesting participating political 5 subdivision. Except in cases of willful misconduct, gross 6 negligence or bad faith, neither the participating political 7 subdivisions nor their employees shall be liable for the death 8 of or injury to persons or for damage to property when complying 9 or attempting to comply with the system. This subchapter shall 10 provide no immunity, rights or privileges for any individual 11 responding to an incident where the response has not been 12 requested by a participating political subdivision. 13 § 7340. Effect on other agreements. 14 Nothing in this subchapter shall preclude participating 15 political subdivisions from entering into supplementary 16 agreements with another political subdivision. Nothing in this 17 subchapter shall affect any other agreement to which a political 18 subdivision may, on the effective date of this section, be a 19 party. 20 Section 2. This act shall take effect immediately. J17L35MSP/20070S1225B1674 - 11 -