HOUSE AMENDED PRIOR PRINTER'S NOS. 1674, 1738, 1876 PRINTER'S NO. 2413
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, A. WILLIAMS, VANCE, C. WILLIAMS, KASUNIC AND DINNIMAN, DECEMBER 27, 2007
AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 22, 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. 15 7336. License, certificate and permit portability.
1 7337. Insurance. 2 7338. Workers' compensation. 3 7339. Immunity. 4 7340. Effect on other agreements. 5 § 7331. Purpose of subchapter. 6 The purpose of this subchapter is to create a system of 7 intrastate mutual aid between participating political 8 subdivisions within this Commonwealth, whereby each 9 participating political subdivision recognizes that emergencies 10 transcend the boundaries of a political subdivision and that 11 intergovernmental coordination is essential for the protection 12 of lives and property and for the best use of available public 13 and private assets. The system shall provide for mutual 14 assistance among the participating political subdivisions in the 15 prevention of, response to and recovery from threats to public 16 health and safety that are beyond the capability of an affected 17 community to respond. The system shall provide for mutual 18 cooperation among the participating subdivisions in conducting 19 exercises, testing or other training activities. 20 § 7332. Definitions. 21 The following words and phrases when used in this subchapter 22 shall have the meanings given to them in this section unless the 23 context clearly indicates otherwise: 24 "Agency." The Pennsylvania Emergency Management Agency. 25 "Committee." The Intrastate Mutual Aid Committee. 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. 20070S1225B2413 - 2 -
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 "Incident." Any event or condition which constitutes an 18 actual or imminent threat to public health and safety, public or 19 private property or the economic well-being of the community. 20 "Incident commander." The individual responsible for all 21 incident-related activities, including the development of 22 strategies and tactics and the ordering and releasing of 23 resources as provided under the National Incident Management 24 System. 25 "Mutual aid." Mutual assistance and sharing of resources 26 among participating political subdivisions in the prevention of, 27 response to and recovery from threats to public health and 28 safety that are beyond the capability of an affected community 29 to respond. 30 "National Incident Management System." The National Incident 20070S1225B2413 - 3 -
1 Management System established by the United States Department of 2 Homeland Security. 3 "Participating political subdivision." A political 4 subdivision that has not opted out of the intrastate mutual aid 5 system. 6 "Political subdivision." Any county, city, borough, 7 incorporated town or township. The term shall include any 8 council of governments established among any of the above. 9 "Requesting political subdivision." A participating 10 political subdivision that requests assistance under this 11 subchapter. 12 "Responding political subdivision." A participating 13 political subdivision that responds to a request for assistance 14 under this subchapter. 15 "System." The intrastate mutual aid system. 16 § 7333. Intrastate Mutual Aid Committee. 17 (a) Establishment.--There is established the Intrastate 18 Mutual Aid Committee. 19 (b) Membership.--The committee shall be comprised of the 20 following members: 21 (1) The director of the agency or a designee, who shall 22 serve as the chairman of the committee. 23 (2) The State Fire Commissioner and the Director of the 24 Bureau of Emergency Medical Services of the Department of 25 Health OR ANY SUCCESSOR BUREAU OR ADMINISTRATIVE UNIT HAVING <-- 26 SIMILAR RESPONSIBILITIES. 27 (3) Three representatives each from the career fire 28 services, the volunteer fire services and the emergency 29 medical services. 30 (4) Three county emergency management agency directors, 20070S1225B2413 - 4 -
1 one from each agency area, who shall be recommended by the 2 respective agency area directors. 3 (5) One representative each from the State Chiefs of 4 Police Association, the State Fraternal Order of Police and 5 the Pennsylvania State Police. 6 (6) One representative each from the Statewide county 7 and municipal government associations' representative elected 8 officials. 9 (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 20070S1225B2413 - 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 20070S1225B2413 - 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 (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. 20070S1225B2413 - 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 20070S1225B2413 - 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 20070S1225B2413 - 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 20070S1225B2413 - 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. 20070S1225B2413 - 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. J17L35MSP/20070S1225B2413 - 12 -