Regular Session 2021-2022 House Bill 2492 P.N. 3236

PRINTER'S NO. 3236

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2492

Session of

2022

INTRODUCED BY MIHALEK, D. MILLER, DELLOSO, SANCHEZ, BENHAM,

HARKINS, KULIK, DEASY, SNYDER, LONGIETTI, PISCIOTTANO,

SAINATO, MERCURI, A. DAVIS, MATZIE, INNAMORATO, KINKEAD,

KAIL, LEE, DeLUCA, COOK, SILVIS, O'NEAL, ORTITAY, RIGBY,

MARKOSEK, STRUZZI, MUSTELLO, LEWIS DELROSSO AND GAYDOS,

JUNE 14, 2022

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, JUNE 14, 2022

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, in emergency management services,

providing for counterterrorism planning, preparedness and

response; in emergency management assistance compact,

providing for construction; and making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 35 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 72

COUNTERTERRORISM PLANNING, PREPAREDNESS AND RESPONSE

Subchapter

A. Preliminary Provisions

B. Counterterrorism Planning, Preparedness and Response

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

7201. Scope of chapter.

7202. Definitions.

§ 7201. Scope of chapter.

This chapter relates to counterterrorism planning,

preparedness and response.

§ 7202. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Disaster medical assistance team." A complement of

individuals organized in accordance with standards developed by

the agency and applicable Federal agencies to provide medical

service at the scene of disasters and mass casualty incidents.

"Disaster mortuary response team." A complement of

individuals organized in accordance with standards developed by

the agency and applicable Federal agencies to provide mortuary

service at the scene of disasters and mass casualty incidents.

"FEMA." The Federal Emergency Management Agency.

"Letter of agreement." A written agreement between a

regional counterterrorism task force and a public, semipublic,

private or nonprofit corporation, business, association,

partnership, authority, individual or other entity that provides

for:

(1) Personnel, equipment, supplies, training facilities

or other resources either directly to or in support of the

task force's specialized regional counterterrorism response

team.

(2) Workers' compensation and death benefits.

(3) Use of county 911 communications centers, county

emergency management agencies or the State emergency

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operations center.

(4) Member participation in training exercises, drills

and actual activation and deployment.

"Municipal" or "municipality." A city, borough, incorporated

town, township or home rule municipality of this Commonwealth.

"Mutual aid." A county's, municipality's or volunteer

service organization's affirmative act of sending its personnel,

equipment or resources to the scene of an actual or potential

disaster, whether inside or outside the boundaries of this

Commonwealth, in response to an official dispatch request from a

county 911 communications center, county emergency management

agency or the State emergency operations center.

"Mutual aid agreement." A written agreement between a

regional counterterrorism task force and a county, municipality

or volunteer service organization that provides for:

(1) The county, municipality or volunteer service

organization to provide personnel, equipment or other

resources in response to an actual or potential disaster.

(2) Workers' compensation and death benefits.

(3) Use of county 911 communications centers, county

emergency management agencies or the State emergency

operations center.

(4) Member participation in training exercises, drills

and actual activation and deployment.

"Regional counterterrorism task force." A complement of

Federal, State, county and municipal emergency management,

health, law enforcement, public safety and other officials and

representatives from volunteer service organizations, private

business and industry, hospitals and medical care facilities and

other entities within a multicounty area as determined by the

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agency that is responsible for conducting counterterrorism

planning, training preparedness and response activities.

"Specialized regional counterterrorism response team." A

complement of individuals established by a regional

counterterrorism task force and organized in accordance with

standards developed by the agency and applicable Federal

agencies to respond to emergencies involving an actual or

potential disaster. The term includes a disaster medical

assistance team and disaster mortuary response team.

"Specialized Statewide response team." A complement of

individuals organized by the Commonwealth to provide specialized

personnel, equipment and other support capabilities in response

to an actual or potential disaster in this Commonwealth. The

term includes a disaster medical assistance team and disaster

mortuary response team.

"Type 1 urban search and rescue task force." An urban search

and rescue task force organized by the agency that meets or

exceeds the minimum requirements of a Type 1 urban search and

rescue task force as designated by FEMA in the National Incident

Management System (NIMS) guidelines.

"Urban search and rescue task force." A multidisciplined

complement of individuals organized by the agency in accordance

with standards developed by the agency and FEMA to provide

emergency response and search and rescue capabilities and

resources at the scene of a disaster consistent with National

Incident Management System (NIMS) guidelines.

"Volunteer service organization." A volunteer fire company,

volunteer ambulance or medical company, volunteer rescue squad

or any other volunteer entity organized and chartered or

incorporated in this Commonwealth or chartered by the Congress

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of the United States for the primary purpose of providing

emergency services as defined in section 7102 (relating to

definitions).

SUBCHAPTER B

COUNTERTERRORISM PLANNING, PREPAREDNESS AND RESPONSE

Sec.

7211. Counterterrorism planning, preparedness and response

program.

7212. Regional counterterrorism task forces.

7213. Regional counterterrorism response and preparedness.

7214. Urban search and rescue task forces.

7215. Specialized Statewide response teams.

7216. Grant program.

7217. Miscellaneous provisions.

7218. Commonwealth indemnification.

§ 7211. Counterterrorism planning, preparedness and response

program.

(a) General rule.--The agency shall coordinate and consult

with other State agencies, departments and offices, including

the Office of Homeland Security of the Commonwealth, to

establish, develop and maintain a counterterrorism planning,

preparedness and response program to promote and protect the

health, safety and welfare of emergency responders, public

officials and the general public from actual or potential

disasters in this Commonwealth.

(b) Agency responsibilities.--The agency shall:

(1) Define the necessary components and composition of

regional counterterrorism task forces and specialized

regional counterterrorism response teams and the respective

regional counterterrorism zones for each, but shall not be

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responsible for appointing individual members to the regional

counterterrorism task forces or the specialized regional

counterterrorism response teams.

(2) Provide training and technical assistance for

counterterrorism planning, preparedness and response.

(3) Establish guidelines and policies to coordinate

emergency response activities with Federal, State, county and

municipal emergency management, health, law enforcement,

public safety and other officials and representatives from

volunteer service organizations, private business and

industry, hospitals and medical care facilities and other

entities responsible for the health, safety and welfare of

the residents of this Commonwealth. The agency shall consult

with representatives of the regional counterterrorism task

forces to develop such policies and guidelines necessary to

carry out this chapter.

(4) Require the regional counterterrorism task forces to

prepare counterterrorism emergency response plans or

protocols, readiness evaluation reports or other documents

deemed necessary by the agency.

(5) Provide grants and other funding assistance as

required by this chapter.

(6) Conduct terrorist incident exercises.

(7) Provide technical assistance to regional

counterterrorism task forces in developing and entering into

mutual aid agreements and letters of agreement.

(8) Establish a certification program for specialized

regional counterterrorism response teams that may include

standards for the administration, composition, training and

equipping of the teams.

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§ 7212. Regional counterterrorism task forces.

(a) Establishment.--The agency, in coordination with State,

county and municipal emergency management, health, law

enforcement, public safety and other officials and

representatives from volunteer service organizations, private

business and industry, hospitals and medical care facilities and

other entities responsible for the health, safety and welfare of

the residents of this Commonwealth, shall establish regional

counterterrorism task forces throughout this Commonwealth.

(b) Response plans.--A regional counterterrorism task force

shall prepare a counterterrorism preparedness and response plan

in accordance with guidelines developed by the agency. The

agency shall review and approve each plan in a timely manner,

but no later than 90 days after its submission to the agency.

The task force shall review and update the plan on an annual

basis.

that are called to discuss sensitive or classified law

enforcement, terrorist threat assessment or other confidential

public and private facility safety information shall not be

deemed a public record subject to disclosure under 65 Pa.C.S.

Ch. 7 (relating to open meetings).

§ 7213. Regional counterterrorism response and preparedness.

(a) Specialized regional counterterrorism response teams.--A

regional counterterrorism task force shall establish specialized

regional counterterrorism response teams.

(b) Regional counterterrorism response zones.--The agency

shall establish primary and secondary regional response zones

within this Commonwealth for specialized regional

counterterrorism response teams. The regional response zones may

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consist of multiple counties or portions of several adjoining

counties as determined by the agency.

counterterrorism response team may be activated and deployed by

the Governor, the Governor's designee or an official designated

by the appropriate regional counterterrorism task force.

§ 7214. Urban search and rescue task forces.

(a) Establishment.--The agency shall establish urban search

and rescue task forces, including:

(1) At least one Type 1 urban search and rescue task

force within a regional counterterrorism task force covering

a county of the first class, which shall be called

Pennsylvania Task Force 1 (PA-TF1).

(2) At least one urban search and rescue task force

within a regional counterterrorism task force covering a

county of the second class, which shall be called

Pennsylvania Task Force 2 (PA-TF2) and, no later than January

1, 2026, shall be a Type 1 urban search and rescue task

force.

(a.1) Support.--The task forces shall also provide

professional, logistical, material and other forms of support to

regional counterterrorism task forces and specialized regional

counterterrorism response teams.

(b) Organization.--An urban search and rescue task force

shall be organized in accordance with guidelines developed by

the agency in coordination with FEMA and members of the task

force.

shall respond to actual or potential disasters in this

Commonwealth and shall also perform search and rescue functions

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as delineated in The Robert T. Stafford Disaster Relief and

Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et

seq.), the Federal Response Plan or its successor and the

counterterrorism preparedness and response plans created in

accordance with this chapter.

(d) Activation and deployment.--

(1) An urban search and rescue task force or any of its

components, subgroups or regional elements may only be

activated and deployed to the scene of a disaster by either:

(i) the Governor or the Governor's designee; or

(ii) the President of the United States or a FEMA-

designated official.

(2) During an activation and deployment by the Governor,

the administrative and operational costs of the task force,

its individual members and their employers, State agencies

and other parties shall be paid under the Governor's

declaration of disaster emergency, including paying or

reimbursing any parties for workers' compensation and death

benefits in the event of injury or death of an urban search

and rescue task force member.

(e) Workers' compensation and death benefits.--A member of

an urban search and rescue task force shall be eligible to

receive workers' compensation and death benefits in the event of

injury or death that occurs during the period of activation or

deployment.

(f) Funding, grants and donations.--In addition to money

that is provided to a task force under section 7216 (relating to

grant program) or the authority of section 1508 of the act of

April 9, 1929 (P.L.343, No.176), known as the Fiscal Code , the

urban search and rescue task force may be eligible to receive

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grants, donations of equipment and supplies and other funds from

any source. As an agent of the Commonwealth, a task force is

entitled to tax-exempt status from the Federal Government.

§ 7215. Specialized Statewide response teams.

(a) Establishment.--The Commonwealth may establish one or

more specialized Statewide response teams. These specialized

statewide response teams shall also provide professional,

logistical, material and other forms of support to the regional

counterterrorism task forces and specialized regional

counterterrorism response teams organized in this Commonwealth.

The Commonwealth may enter into an agreement with a One Call

System as defined in the act of December 10, 1974 (P.L.852,

No.287), referred to as the Underground Utility Line Protection

Law, for the provision of specialized communications services.

(b) Organization and responsibilities.--Specialized

Statewide response teams shall be organized in accordance with

guidelines developed by the Commonwealth in consultation with

applicable Federal or State agencies.

only be activated and deployed to the scene of a disaster by the

Governor or the Governor's designee.

§ 7216. Grant program.

(a) Authorization.--The agency may make grants to regional

counterterrorism task forces, specialized regional

counterterrorism response teams, specialized Statewide response

teams and urban search and rescue task forces to assist them in

carrying out this chapter, including entering into letters of

agreement or mutual aid agreements or providing mutual aid.

(b) Grants and funding.--Regional counterterrorism task

forces, specialized regional counterterrorism response teams,

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specialized Statewide response teams and urban search and rescue

task forces may receive grants and funding from the Federal

Government and the Commonwealth through application to the

agency or other entity providing grants or funding for the

purposes of this chapter.

the extent that funding is available.

§ 7217. Miscellaneous provisions.

(a) Immunity from liability.--The provisions of 42 Pa.C.S. §

8331 (relating to medical good Samaritan civil immunity), 8332

(relating to emergency response provider and bystander good

Samaritan civil immunity) or 8332.4 (relating to volunteer-in-

public-service negligence standard) shall apply to a member of a

specialized regional counterterrorism response team, an urban

search and rescue task force or a specialized Statewide response

team and an individual who provides logistical, material or

other forms of emergency response support to a team or task

force during activation or deployment of a team or task force to

a potential or actual disaster or while engaged in a task force

or team drill or training exercise.

(b) Effect on workers' compensation premiums.--Nothing in

this chapter shall be construed to permit an insurer to raise

workers' compensation premiums due to the participation or

membership of a county, municipality, volunteer service

organization, individual or employer on a regional

counterterrorism task force, specialized regional

counterterrorism response team, specialized Statewide response

team or urban search and rescue task force.

§ 7218. Commonwealth indemnification.

The Commonwealth shall indemnify a county or municipality for

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costs related to damaged county or municipal property that

results from participation in a regional counterterrorism task

force, specialized regional counterterrorism response team or

specialized Statewide response team response only when all of

the following conditions are met:

(1) The county or municipality is responding upon

activation or deployment by the Governor.

(2) The damage to county or municipal property occurs

outside of the primary regional counterterrorism response

zone.

(3) The county's or municipality's insurance does not

cover the property damage.

(4) The property damage was not caused by the willful

misconduct of the county or municipality or any of its

employees or agents.

Section 2. Title 35 is amended by adding a section to read:

§ 7605. Construction.

For purposes of Article VI of the compact, "officers or

employees of a party state" shall be construed to include urban

search and rescue task forces as defined in section 7202

(relating to definitions) that are assets of the Federal

Emergency Management Agency or Pennsylvania Emergency Management

Agency and the components, subgroups and regional elements of

the task forces based in this Commonwealth.

Section 3. Repeals are as follows:

(1) The General Assembly finds that the repeals under

paragraphs (2) and (3) are necessary to effectuate the

addition of 35 Pa.C.S. Ch. 72.

(2) The definitions, excluding the definitions of

"department" and "local health department," in section 102 of

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the act of December 16, 2002 (P.L.1967, No.227), known as the

Counterterrorism Planning, Preparedness and Response Act, are

repealed.

(3) Chapter 2 of the Counterterrorism Planning,

Preparedness and Response Act, is repealed.

Section 4. The addition of 35 Pa.C.S. Ch. 72 is a

continuation of the act of December 16, 2002 (P.L.1967, No.227),

known as the Counterterrorism Planning, Preparedness and

Response Act. The following apply:

(1) Except as otherwise provided in 35 Pa.C.S. Ch. 72,

all activities initiated under the Counterterrorism Planning,

Preparedness and Response Act, shall continue and remain in

full force and effect and may be completed under 35 Pa.C.S.

Ch. 72. Orders, regulations, rules and decisions which were

made under the Counterterrorism Planning, Preparedness and

Response Act and which are in effect on the effective date of

this section shall remain in full force and effect until

revoked, vacated or modified under 35 Pa.C.S. Ch. 72.

Contracts, obligations and collective bargaining agreements

entered into under the Counterterrorism Planning,

Preparedness and Response Act are not affected nor impaired

by the repeal of the Counterterrorism Planning, Preparedness

and Response Act.

(2) Except as set forth in paragraph (3), any difference

in language between 35 Pa.C.S. Ch. 72 and the

Counterterrorism Planning, Preparedness and Response Act is

intended only to conform to the style of the Pennsylvania

Consolidated Statutes and is not intended to change or affect

the legislative intent, judicial construction or

administration and implementation of the Counterterrorism

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Planning, Preparedness and Response Act.

(3) Paragraph (2) does not apply to the addition of the

following provisions:

(i) The definitions of "Type 1 urban search and

rescue task force" and "urban search and rescue task

force" in 35 Pa.C.S. § 7202.

(ii) 35 Pa.C.S. § 7212(b).

(iii) 35 Pa.C.S. § 7214(a) and (a.1)

Section 5. This act shall take effect in 60 days.

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