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A07530
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1019
Session of
2018
INTRODUCED BY VULAKOVICH, COSTA, BAKER, BREWSTER, BROOKS,
EICHELBERGER, FONTANA, GORDNER, HUGHES, MENSCH, RAFFERTY,
SCHWANK, STEFANO, TARTAGLIONE AND YAW, JANUARY 17, 2018
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
JANUARY 17, 2018
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in 911 emergency communication
services, further providing for telecommunications management
and for fund, providing for Legislative Budget and Finance
Committee review and further providing for termination of
chapter; in general provisions, further providing for
definitions and for purposes of part; in Commonwealth
services, further providing for general authority of
Governor, for temporary housing, for debris and wreckage
removal, for community disaster loans, for individual and
family assistance and for grants for hazard mitigation,
providing for use and appropriation of unused Commonwealth
funds, establishing the Disaster Emergency Fund, further
providing for laws suspended during emergency assignments,
providing for penalty for false application and further
providing for organization, for powers and duties of
Pennsylvania Emergency Management Agency, for utilization of
existing services and facilities and for radiological
emergency response preparedness, planning and recovery
program; in local organizations and services, further
providing for general authority of political subdivisions,
for local coordinator of emergency management, for powers and
duties of political subdivisions, for coordination,
assistance and mutual aid, for appropriations by political
subdivisions, for law applicable to local organizations, for
agreements among political subdivisions, for payments
involving one political subdivision and for payments
involving two or more political subdivisions and providing
for regional all-hazards preparedness and emergency
management; in Emergency Management Assistance Compact,
further providing for budgetary considerations and providing
for protections; in miscellaneous provisions, further
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providing for duties concerning disaster prevention, for
acceptance of services, gifts, grants and loans, for
interstate arrangements and for immunity from civil
liability, providing for other benefits unaffected, further
providing for special powers of local agencies, for
compensation for accidental injury and for penalties and
providing for authority of Federal law enforcement officers,
for confidentiality and for adverse interests; and making a
related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 7102, 7103, 7301, 7302, 7303, 7304, 7305
and 7305.1 of Title 35 of the Pennsylvania Consolidated Statutes
are amended to read:
Section 1. Sections 5303(b)(1), (3) and (4) and 5306.1(d)(2)
of Title 35 of the Pennsylvania Consolidated Statutes are
amended to read:
§ 5303. Telecommunications management.
* * *
(b) Establishment of 911 board.--There is established a
board within the agency to be known as the 911 board. The board
shall be comprised of the following:
(1) The following State officials, who shall serve as
voting members:
(i) The director of the agency, who shall act as
chairperson.
(ii) The State 911 coordinator.
(iii) The Commissioner of the Pennsylvania State
Police.
(iv) The chairman of the Veterans Affairs and
Emergency Preparedness Committee of the Senate.
(v) The minority chairman of the Veterans Affairs
and Emergency Preparedness Committee of the Senate.
(vi) The chairman of the Veterans Affairs and
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Emergency Preparedness Committee of the House of
Representatives.
(vii) The minority chairman of the Veterans Affairs
and Emergency Preparedness Committee of the House of
Representatives.
(viii) The State Fire Commissioner.
(ix) The chairperson of the State Geospatial
Coordinating Board.
* * *
(3) A representative from the following State agencies,
who shall serve as nonvoting members, to be appointed by the
chief executive or administrative officer of each agency:
(i) The Pennsylvania Public Utility Commission.
[(ii) The Office of the State Fire Commissioner.]
(iii) The Governor's Office of Administration.
(4) A representative from the following Statewide
associations, who shall serve as nonvoting members:
(i) The Pennsylvania Chiefs of Police Association.
(ii) The Fraternal Order of Police.
(iii) The Pennsylvania Emergency Health Services
Council.
(iv) The Pennsylvania Fire and Emergency Services
Institute.
(v) The Association of Public-Safety Communications
Officials.
(vi) The Pennsylvania Chapter of the National
Emergency Number Association.
(vii) The Keystone Emergency Management Association.
(viii) The Pennsylvania Professional Fire Fighters
Association.
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(ix) The Firemen's Association of the State of
Pennsylvania.
(x) The Pennsylvania Wireless Association.
(xi) The Pennsylvania Telephone Association.
(xii) The Broadband Cable Association of
Pennsylvania.
(xiii) The Pennsylvania Municipal League.
(xiv) The Pennsylvania State Association of
Boroughs.
(xv) The Pennsylvania State Association of Township
Supervisors.
(xvi) The Pennsylvania State Association of Township
Commissioners.
(xvii) The Ambulance Association of Pennsylvania.
(xviii) The Pennsylvania Association of Councils of
Governments.
* * *
§ 5306.1. Fund.
* * *
(d) Distribution.--Within 30 days after the end of each
quarter, the agency shall determine the amount available from
the fund for distribution and make disbursements in accordance
with the Statewide 911 plan and this chapter and in accordance
with the following:
* * *
(2) Up to 15% of the amount in the fund shall be used by
the agency to establish, enhance, operate or maintain
Statewide interconnectivity of 911 systems, including, but
not limited to, the use or obligations of money for debt
service related to regional or Statewide interconnectivity.
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Funds under this paragraph may also be used to purchase a
Statewide system designed to allow individuals to associate
their phone numbers with personal information, such as a
physical disability, so that when an individual makes a 911
call, the PSAP has the individual's personal information.
* * *
Section 1.1. Title 35 is amended by adding a section to
read:
§ 5315. Legislative Budget and Finance Committee review.
The Legislative Budget and Finance Committee shall review the
annual reports required under this chapter as well as the
inventory report under section 5314 (relating to inventory) and
shall make recommendations on the reauthorization of the
provisions of this chapter by June 30, 2020.
Section 1.2. Sections 5398, 7102, 7103, 7301, 7302, 7303,
7304, 7305 and 7305.1 of Title 35 are amended to read:
§ 5398. Termination.
[This] (a) General rule.--Except as set forth in subsection
(b), this chapter shall expire June 30, [2019] 2021.
(b) Exception.--Section 5304(c) (relating to counties) shall
expire June 30, 2019.
§ 7102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Agency." The Pennsylvania Emergency Management Agency.
"All hazards." All dangers that can threaten or harm
individuals, the environment, the economy or property.
"All-hazards information." Information describing the
dangers that can threaten or harm individuals, the environment,
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the economy or property and which information pertains to the
preparedness for or consequences from the dangers. The term does
not include information related to criminal prosecutions, law
enforcement sources or methods, investigative activities,
policies, training or protection tactics, tactical plans,
information protected by 18 Pa.C.S. (relating to crimes and
offenses) or information that could otherwise be reasonably seen
as compromising law enforcement efforts.
"Chief elected executive officer." The mayor of a city or
borough, the chairperson of the commissioners or supervisors or
the elected executive of a county, township or incorporated
town.
"Commonwealth agency." Any of the following:
(1) An office, department, authority, board, multistate
agency or commission of the executive branch.
(2) The Governor's Office.
(3) The Office of Attorney General, the Department of
the Auditor General and the Treasury Department and any other
agency, board or commission of the Commonwealth that is not
subject to the policy supervision and control of the
Governor.
(4) An organization established by the Constitution of
Pennsylvania, a statute or an executive order that performs
or is intended to perform an essential governmental function.
(5) A Commonwealth authority or entity.
"Commonwealth critical infrastructure protection plan." A
plan to provide a coordinated approach to setting Commonwealth
priorities, goals and requirements for effective distribution of
funding and resources for critical infrastructure and key
resources to ensure that the government, economy and public
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services continue in the event of an emergency.
"Commonwealth Disaster Recovery Task Force." The task force
described under section 7312 (relating to Pennsylvania Emergency
Management Council).
"Commonwealth emergency management program." A program of
coordinated activities consistent with Federal guidelines,
including the National Incident Management System, coordinated
by the agency, to address the management of emergencies. The
term includes the Commonwealth emergency operations plan, the
State hazard mitigation plan and all appropriate State-level
strategic and operational plans and programs that address all
hazards, disaster-related mitigation, preparedness, protection,
prevention, response and recovery.
"Commonwealth emergency operations plan." A document
prepared by the agency and approved and signed by the Governor
that is consistent with Federal requirements and assigns
responsibility to appropriate Commonwealth agencies for carrying
out specific actions in a disaster emergency and states, among
other things, lines of authority, response actions and
coordination requirements.
"Commonwealth Response Coordination Center" or "CRCC." The
Commonwealth's principal facility which provides response and
recovery support during disasters and emergencies to local
political subdivisions throughout the State. When activated, the
CRCC is staffed with personnel from various State agencies who
work in a defined organizational structure to coordinate State-
level emergency management actions, such as the coordination and
integration of resources. The CRCC provides policy guidance,
situational awareness, common operating picture and planning
support for affected local political subdivisions.
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"Commonwealth Watch and Warning Center." The Commonwealth's
principal 24-hour, seven-day-a-week watch and warning center.
"Council." The Pennsylvania Emergency Management Council.
["Custodial child care facility." A child day care center as
defined under section 1001 of the act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code, or nursery school
licensed or regulated by the Commonwealth.]
"Council of governments." An association of two or more
local government units joined together under a written compact
to improve cooperation, coordination and planning and to
undertake programs in their mutual interest under the provisions
of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
cooperation).
"County emergency management program." An emergency
management and preparedness program established and maintained
by a county under section 7501 (relating to general authority of
county and local emergency management programs).
"Critical infrastructure." Assets, systems, networks and
functions, physical or virtual, which are so vital to the
government that their incapacitation or destruction would have a
debilitating impact on security, economic security, public
health or safety.
"Dedicated emergency response organization." An entity
organized, chartered or incorporated in this Commonwealth or
another jurisdiction of the United States or chartered by the
Congress of the United States for the primary purpose of
providing emergency services. The term includes a volunteer,
paid and combination organization.
"Dependent care facility." An organization, institution or
facility licensed or certified by the Commonwealth that is
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responsible for the custodial care or health care of individuals
who are dependent on the organization, institution or facility
for the activities of daily living, health, safety or welfare.
"Director." The Director of the Pennsylvania Emergency
Management Agency.
"Disaster." [A man-made disaster, natural disaster or war-
caused disaster.] An event that has a large-scale adverse effect
on individuals, the environment, the economy or property.
"Disaster emergency." [Those conditions which may by
investigation made, be found, actually or likely, to] A hazard
condition or disaster that may:
(1) affect seriously the safety, health or welfare of a
substantial number of [citizens of this Commonwealth] people
or preclude the operation or use of essential public
facilities; and
(2) be of such magnitude or severity as to render
essential State supplementation of regional, county and local
efforts or resources exerted or utilized in alleviating the
danger, damage, suffering or hardship faced.[; and
(3) have been caused by forces beyond the control of
man, by reason of civil disorder, riot or disturbance, or by
factors not foreseen and not known to exist when
appropriation bills were enacted.]
"Disaster emergency-related work." The repair, renovation,
installation, construction or rendering of services or other
business activities that relate to infrastructure that has been
damaged, impaired or destroyed by a disaster.
"Emergency." An incident that requires responsive,
coordinated action to protect individuals, the environment, the
economy or property.
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"Emergency management." [The judicious planning, assignment
and coordination of all available resources in an integrated
program of prevention, mitigation, preparedness, response and
recovery for emergencies of any kind, whether from attack, man-
made or natural sources.] The continuous cycle of preparedness,
planning, response, recovery and mitigation for emergencies.
"Emergency operations plan." A document prepared by a
political subdivision that is consistent with Federal and State
requirements that assigns responsibility to agencies and
departments under the jurisdiction and control of the political
subdivision for carrying out specific actions in a disaster
emergency and states, among other things, lines of authority,
response actions and coordination requirements.
"Emergency plan." A document prepared by a dependent care
facility or large event planner, as referenced in section
7701(h) (relating to duties concerning disaster preparedness and
emergency management), or other entity as required by statute or
regulation to maintain an emergency preparedness capability or
develop an emergency plan.
"Emergency services." The preparation for and the carrying
out of [functions] capabilities, other than [functions]
capabilities for which military forces are primarily
responsible, to prepare for, prevent, protect against, respond
to and recover from, minimize and provide emergency repair of
injury and damage resulting from disasters or emergencies,
together with all other activities necessary or incidental to
the preparation for and carrying out of those [functions]
capabilities. The [functions] capabilities include, without
limitation, firefighting services, police services, medical and
health services, search, rescue, engineering, disaster warning
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services, sharing of information, communications, radiological
activities, shelter, chemical and other special weapons defense,
evacuation of persons from stricken areas, emergency welfare
services, mass-care services, emergency transportation,
emergency [resources] management, existing or properly assigned
functions of plant protection, temporary restoration of public
utility services, logistics and resource management and other
[functions] capabilities related to civilian protection. The
term includes all of the following:
(1) Capabilities of municipal governments, county
governments, nongovernmental organizations or the
Commonwealth.
(2) Capabilities of regional task forces and other
response organizations as specifically provided for under
this part.
"Federal emergency." An emergency as defined in section
102(1) of the Stafford Act (42 U.S.C. § 5122(1)).
"Federal law enforcement officer." A law enforcement officer
who:
(1) is employed by the United States;
(2) is authorized to effect an arrest, with or without a
warrant, for a violation of the United States Code; and
(3) is authorized to carry a firearm in the performance
of the law enforcement officer's duties.
"Grantee." The entity, government or organization to which a
grant is awarded.
"Hazard vulnerability analysis." A process by which a
political subdivision identifies the disasters most likely to
strike the community and estimates the potential impact of the
disaster to loss of life, property, the environment and the
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economy.
"Homeland security." A concerted national effort to prevent
and disrupt terrorist attacks, protect against all hazards and
respond to and recover from incidents that occur.
"Incident command system." A standardized on-scene emergency
management construct that is:
(1) Specifically designed to provide for the adoption of
an integrated organizational structure that reflects the
complexity and demands of single or multiple incidents,
without being hindered by jurisdictional boundaries.
(2) Characterized by the combination of facilities,
equipment, personnel, procedures and communications operating
within a common organizational structure and designed to aid
in the management of resources during all kinds of
emergencies regardless of size or complexity.
"Incident commander." The individual responsible for all
incident-related activities as described in the National
Incident Management System.
"Infrastructure." Real and personal property and equipment
that is owned or used by any of the following that service
multiple customers or citizens:
(1) A communications network.
(2) An electric generation, transmission and
distribution system.
(3) A gas distribution system that provides the
facilities and equipment for producing, generating,
transmitting, distributing or the furnishing of gas directly
to the end customer.
(4) A public or private water pipeline.
["Local emergency." The condition declared by the local
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governing body when in their judgment the threat or actual
occurrence of a disaster is or threatens to be of sufficient
severity and magnitude to warrant coordinated local government
action to prevent or alleviate the damage, loss, hardship or
suffering threatened or caused thereby. A local emergency
arising wholly or substantially out of a resource shortage may
be declared only by the Governor, upon petition of the local
governing body, when he deems the threat or actual occurrence of
a disaster to be of sufficient severity and magnitude to warrant
coordinated local government action to prevent or alleviate the
damage, loss, hardship or suffering threatened or caused
thereby.
"Local organization." A local emergency management
organization.
"Man-made disaster." Any industrial, nuclear or
transportation accident, explosion, conflagration, power
failure, natural resource shortage or other condition, except
enemy action, resulting from man-made causes, such as oil spills
and other injurious environmental contamination, which threatens
or causes substantial damage to property, human suffering,
hardship or loss of life.
"Natural disaster." Any hurricane, tornado, storm, flood,
high water, wind-driven water, tidal wave, earthquake,
landslide, mudslide, snowstorm, drought, fire, explosion or
other catastrophe which results in substantial damage to
property, hardship, suffering or possible loss of life.]
"Institution of higher education." A university, four-year
college or community college.
"Joint information center." A facility established to
coordinate incident-related public information activities and be
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the central point of contact for news media.
"Key resources." Publicly or privately controlled resources
essential to minimal operation of the economy and the
government.
"Local disaster emergency." The condition declared by a
local governing body or chief elected executive officer when, in
the governing body's or officer's judgment, the threat or actual
occurrence of a disaster may:
(1) Affect seriously the safety, health or welfare of a
substantial number of people or preclude the operation or use
of essential public facilities.
(2) Be of a magnitude or severity that warrants
coordinated local government action in alleviating the
danger, damage, suffering or hardship.
"Local emergency management program." An emergency
management and preparedness program established and maintained
by a municipality under section 7501 (relating to general
authority of county and local emergency management programs).
"Major disaster." The term as it is defined in section
102(2) of the Stafford Act (42 U.S.C. § 5122(2)).
"Mitigation." Protection activities designed to reduce or
eliminate risks to persons or property or to lessen the actual
or potential effects or consequences of an incident that may be
implemented prior to, during or after an incident.
"Municipality." A city, borough, incorporated town or
township.
"Mutual aid." Mutual assistance and sharing of resources
among participating political subdivisions in the prevention of,
response to and recovery from threats to public health and
safety that are beyond the capability of the affected community.
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"National Incident Management System." A system that
provides a consistent nationwide approach for Federal, State,
local and tribal governments, the private sector and
nongovernmental organizations to work effectively and
efficiently together to prepare for, prevent, protect against,
respond to and recover from domestic incidents, regardless of
cause, size or complexity. The term includes a successor system
established by the Federal Government.
"National Infrastructure Protection Plan." A plan developed
by the United States Department of Homeland Security that
provides a coordinated approach to critical infrastructure and
key resources protection roles and responsibilities for Federal,
State, local, tribal and private sector security partners, or a
successor program, and that sets national priorities, goals and
requirements for effective distribution of funding and resources
to ensure that the government, economy and public services
continue in the event of a disaster emergency.
"Operational plan." A plan that describes the emergency
management or homeland security roles, responsibilities and
resources of an organization.
"Out-of-State business." A business entity whose services
are requested by a registered business, the Commonwealth or a
political subdivision of the Commonwealth for purposes of
performing disaster emergency-related work in this Commonwealth.
The term includes a business entity that is affiliated with a
registered business in this Commonwealth solely through common
ownership. The out-of-State business may not have any of the
following:
(1) A presence in this Commonwealth, excluding prior
disaster emergency-related work performed under section
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7308(b)(1) (relating to laws suspended during emergency
assignments).
(2) Any registration, tax filing or nexus in this
Commonwealth within the past three calendar years.
"Out-of-State employee." An employee who does not work in
this Commonwealth, unless the employee is performing disaster
emergency-related work during a period under section 7308(b)(1).
"Person." An individual, corporation, [firm, association,]
partnership, limited liability company, business trust,
government entity, including the Commonwealth, foundation,
public utility, trust[,] or estate[, public or private
institution, group, the Commonwealth or a local agency or
political subdivision and any legal successor, representative or
agency of the foregoing].
"Political subdivision." [Any] A county, city, borough,
incorporated town or township.
"Preparedness." A continuous process of identifying and
implementing tasks and activities necessary to build, sustain
and improve operational capability to prevent, protect against,
respond to and recover from domestic incidents involving all
levels of government, private sector and nongovernmental
organizations to identify threats, determine vulnerabilities and
identify required resources.
"President." The President of the United States.
"Prevention." Actions to avoid an incident or to intervene
to stop an incident from occurring.
"Protection." Actions to reduce or eliminate adverse effects
to life, property, the environment or the economy.
"Recovery." The development, coordination and execution of
service-restoration and site-restoration plans for impacted
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communities and the reconstitution of government operations and
services through individual, private sector, nongovernmental and
public assistance programs that do all of the following:
(1) Identify needs and define resources.
(2) Provide housing and promote restoration.
(3) Address long-term care and treatment of affected
persons.
(4) Implement additional measures and techniques, as
feasible.
(5) Evaluate the incident to identify lessons learned.
(6) Develop initiatives to mitigate the effects of
future incidents.
"Regional." Pertaining to regional task forces.
"Regional task force." A cooperative effort organized among
Federal, State, county, council of government and municipal
emergency management, health, law enforcement, public safety and
other officials and representatives from volunteer service
organizations, emergency services organizations, private
business and industry, hospitals and medical care facilities and
other entities within a multicounty area as recognized by and
determined by the agency that is responsible for conducting all-
hazards planning, training preparedness and emergency response
activities.
"Registered business." Any business entity that is
registered to do business in this Commonwealth prior to a
declared disaster or emergency.
"Resource shortage." The absence, unavailability or reduced
supply of any raw or processed natural resource, or any
commodities, goods or services of any kind which bear a
substantial relationship to the health, safety, welfare and
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economic well-being of the [citizens] residents of this
Commonwealth.
["War-caused disaster." Any condition following an attack
upon the United States resulting in substantial damage to
property or injury to persons in the United States caused by use
of bombs, missiles, shellfire, nuclear, radiological, chemical
or biological means, or other weapons or overt paramilitary
actions, or other conditions such as sabotage.]
"Response." Activities that address the short-term, direct
effects of an incident. The term includes the execution of
emergency operations plans and incident mitigation activities
designed to limit the loss of life, personal injury, property
damage and other unfavorable outcomes.
"Review and accept." The process by which the agency, county
emergency management programs and local emergency management
programs validate planning documents in accordance with this
part to ensure compliance with established planning criteria,
adherence to templates and completeness. The process may not
imply approval or verification of ability to execute the plans
described in the planning documents.
"Specialized regional response team." A complement of
individuals established by a regional 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.
"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.
"Stafford Act." The Robert T. Stafford Disaster Relief and
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Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et
seq.).
"State hazard mitigation plan." A document prepared by the
agency to reduce the loss of life and property due to all
hazards and to enable mitigation measures to be implemented
during the immediate recovery from a disaster.
"Strategic plan." A plan describing an organization's
emergency management or homeland security goals and objectives.
"Tactical plan." A plan describing an organization's
execution of tasks and actions to prevent, protect, investigate
and respond to an emergency, incident or other situation.
§ 7103. [Purposes] Purpose of part.
[The purposes of this part are to:
(1) Reduce vulnerability of people and communities of
this Commonwealth to damage, injury and loss of life and
property resulting from disasters.
(2) Prepare for prompt and efficient rescue, care and
treatment of persons victimized or threatened by disaster.
(3) Provide a setting conducive to the rapid and orderly
start of restoration and rehabilitation of persons and
property affected by disasters.
(4) Clarify and strengthen the roles of the Governor,
Commonwealth agencies and local government in prevention of,
preparation for, response to and recovery from disasters.
(5) Authorize and provide for cooperation in disaster
prevention, preparedness, response and recovery.
(6) Authorize and provide for coordination of activities
relating to disaster prevention, preparedness, response and
recovery by agencies and officers of this Commonwealth, and
similar State-local and Federal-State activities in which the
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Commonwealth and its political subdivisions participate.
(7) Provide a disaster management system embodying all
aspects of predisaster preparedness and postdisaster
response.
(8) Assist in prevention of disaster caused or
aggravated by inadequate planning for and regulation of
public and private facilities and land use.
(9) Supplement, without in any way limiting, authority
conferred by previous statutes of this Commonwealth and
increase the capability of the Commonwealth and local
agencies having responsibilities for civil defense to perform
both civil defense and disaster services.
(10) Further the operational capacities of Commonwealth
agencies to deal with disaster situations.
(11) Further programs of education and training.
(12) Establish integrated communications capabilities
and warning systems.]
The purpose of this part is to authorize and provide for
coordination of activities relating to disaster preparedness and
emergency management activities by agencies and officers of this
Commonwealth and similar Federal-State and State-local
activities in which the Commonwealth and its political
subdivisions, intergovernmental cooperative entities, regional
task forces, councils of governments , elementary and secondary
schools and other appropriate public and private entities
participate.
§ 7301. General authority of Governor.
(a) Responsibility to meet disasters.--The Governor is
responsible for meeting the dangers to this Commonwealth and
people presented by disasters.
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(b) Executive orders, proclamations and regulations.--Under
this part, in addition to other rights granted to the Governor
under this part, the Governor may issue, amend and rescind
executive orders, proclamations and regulations, which shall
have the force and effect of law.
(c) Declaration of disaster emergency.--
(1) A disaster emergency shall be declared by executive
order or proclamation of the Governor upon finding that a
disaster has occurred or that the occurrence or the threat of
a disaster is imminent.
(2) The [state of] declared disaster emergency shall
continue until the Governor finds that the threat or danger
has passed or the disaster has been dealt with to the extent
that emergency conditions no longer exist and terminates the
[state of] declared disaster emergency by executive order or
proclamation, but no [state of] declared disaster emergency
may continue for longer than 90 days unless renewed by the
Governor.
(3) The General Assembly by concurrent resolution may
terminate a [state of] disaster emergency declaration at any
time. Thereupon, the Governor shall issue an executive order
or proclamation ending the [state of] declared disaster
emergency.
(4) All executive orders or proclamations issued under
this subsection shall indicate the nature of the disaster,
the area or areas threatened and the conditions which have
brought the disaster about or which make possible termination
of the [state of] declared disaster emergency.
(5) An executive order or proclamation shall be
disseminated promptly by means calculated to bring its
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contents to the attention of the general public and, unless
the circumstances attendant upon the disaster prevent or
impede, shall be promptly filed with the [Pennsylvania
Emergency Management Agency] agency and the Legislative
Reference Bureau for publication under [Part II of Title 45]
45 Pa.C.S. Pt. II (relating to publication and effectiveness
of Commonwealth documents).
(d) Activation of disaster response.--An executive order or
proclamation of a [state of] declared disaster emergency shall
activate the disaster response and recovery aspects of the
Commonwealth emergency operations plan and [local disaster]
other emergency plans applicable to the political subdivision or
area in question and shall be authority for the deployment and
use of any forces to which the plan or plans apply and for use
or distribution of any supplies, equipment and materials and
facilities assembled, stockpiled or arranged to be made
available pursuant to this part or any other provision of law
relating to disaster emergencies.
(e) Commander in chief of military forces.--[During the
continuance of any state of disaster emergency, the] The
Governor is commander in chief of the Pennsylvania military
forces. To the greatest extent practicable, the Governor shall
delegate or assign command authority by prior arrangement
embodied in appropriate executive orders or regulations, but
this does not restrict the authority of the Governor to do so by
orders issued at the time of the disaster emergency.
(f) Additional powers.--In addition to any other powers
conferred upon the Governor by law, the Governor may:
(1) Suspend the provisions of any [regulatory] statute
[prescribing the procedures for conduct of Commonwealth
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business,] or the orders, rules or regulations of any
Commonwealth agency, if strict compliance with the provisions
of any statute, order, rule or regulation would in any way
prevent, hinder or delay necessary action in coping with the
emergency.
(1.1) Transfer any unused funds which may have been
appropriated for the ordinary expenses of the Commonwealth in
the General Fund to Commonwealth agencies as the Governor may
direct to be expended for relief of disaster in a manner as
the Governor shall approve, and the funds are hereby
appropriated to the Governor for those purposes. The total of
the transfers under this subsection shall not exceed
$30,000,000 in any one fiscal year expect by action of the
General Assembly.
(1.2) Transfer any funds which may have been
appropriated for the ordinary expenses of government in the
General Fund to Commonwealth agencies as the Governor may
direct to be expended for reimbursements as provided in
section 7705(a) and (b) (relating to special powers of
political subdivisions). Reimbursements shall be made in
accordance with and to the extent permitted by regulations
issued by the agency or agencies as the Governor may
designate to administer the reimbursement programs
established by section 7705(a) and (b). The total of such
transfers shall not exceed $5,000,000 in any one fiscal year
except by action of the General Assembly.
(2) [Utilize] Before, during and following the
expiration of a declaration of a disaster emergency, utilize
all available resources of the Commonwealth [Government] and
each political subdivision [of this Commonwealth] as
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reasonably necessary to cope with [the] or mitigate the
effects of a disaster emergency or potential disaster
emergency.
(3) Transfer the direction, personnel or functions of
Commonwealth agencies or units thereof for the purpose of
performing or facilitating emergency services.
(4) Subject to any applicable requirements for
compensation under section 7313(10) (relating to powers and
duties), commandeer or utilize any private, public or quasi-
public property if necessary to cope with the disaster
emergency.
(5) Direct and compel the evacuation of all or part of
the population from any stricken or threatened area within
this Commonwealth if this action is necessary for the
preservation of life or other disaster mitigation, response
or recovery.
(6) Prescribe routes, modes of transportation and
destinations in connection with evacuation.
(7) Control ingress and egress to and from a disaster
area, the movement of persons within the area and the
occupancy of premises therein.
(8) Suspend or limit the sale, dispensing or
transportation of alcoholic beverages, firearms, explosives
and combustibles.
(9) Confer the power of arrest on the law enforcement
personnel serving as part of the emergency forces of a party
state during operations in this Commonwealth pursuant to a
declaration of a disaster emergency under subsection (c). Law
enforcement personnel shall be under the operational control
of the Commissioner of Pennsylvania State Police and shall
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comply with the terms and conditions of the Emergency
Management Assistance Compact under Chapter 76 (relating to
Emergency Management Assistance Compact). Arrest powers
granted under this paragraph shall expire when the
declaration of a disaster emergency is terminated by
executive order, proclamation or operation of law, if the
arrest powers have not previously been terminated.
(10) If the Governor determines that the Commonwealth
needs the assistance of Federal law enforcement while a
declaration of a disaster emergency is in effect, make a
request to the Federal Government for the assistance of
Federal law enforcement officers in enforcing the laws of
this Commonwealth. Only the Governor shall have the power to
make the request.
§ 7302. Temporary housing.
(a) Authority of Governor.--Whenever the Governor has
[proclaimed] declared a disaster emergency under this part, or
the President, at the request of the Governor, has declared [an]
a Federal emergency or a major disaster to exist in this
Commonwealth, the Governor is authorized:
(1) To enter into purchase, lease or other arrangements
with any Federal agency for temporary housing units to be
occupied by disaster victims and to make the units available
to any political subdivision [of this Commonwealth named as a
party to the emergency or disaster declaration.], authority
or authorized nonprofit organization included in the declared
disaster emergency, declared Federal emergency or declared
major disaster.
(2) To assist any political subdivision [of this
Commonwealth], authority or authorized nonprofit organization
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which is the locus of temporary housing for disaster victims
to acquire sites necessary for such temporary housing and to
do all things required to prepare such sites to receive and
utilize temporary housing units by:
(i) advancing or lending funds available to the
Governor from any appropriation made by the General
Assembly or from any other source;
(ii) "passing through" funds made available by any
agency, public or private; or
(iii) becoming a copartner with the political
subdivision for the execution and performance of any
temporary housing for disaster victims [project];
and for such purposes to pledge the credit of the
Commonwealth on such terms as the Governor deems appropriate
having due regard for current debt transactions of the
Commonwealth.
(3) Under such [regulations] conditions as the Governor
shall prescribe, to temporarily suspend or modify for not to
exceed 60 days any public health, safety, zoning,
transportation [(within] within or across this
[Commonwealth)] Commonwealth or other requirement of statute
or regulation within this Commonwealth when by proclamation
the Governor deems the suspension or modification essential
to provide temporary housing for disaster victims.
(b) Acquisition of sites by political subdivisions.--Any
political subdivision [of this Commonwealth], authority or
authorized nonprofit organization is expressly authorized to
acquire, temporarily or permanently, by purchase, lease or
otherwise, sites required for installation of temporary housing
units for disaster victims[,] and to enter into whatever
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arrangements [which are] necessary to prepare or equip the sites
to utilize the housing units.
(c) Construction of section.--This section does not limit
the authority of the Governor to apply for, administer and
expend any grants, gifts or payments in aid of disaster
[prevention,] preparedness[, response or recovery] and emergency
management activities.
[(d) Definitions.--As used in this section, "major disaster"
and "emergency" shall have the same meanings as defined or used
in The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.).]
§ 7303. Debris and wreckage removal.
(a) Authority of Governor.--Whenever the Governor has
declared a disaster emergency to exist under this part, or the
President, at the request of the Governor, has declared a major
disaster or emergency to exist in this Commonwealth, the
Governor is authorized:
(1) Notwithstanding any other provision of law, through
the use of Commonwealth agencies [or instrumentalities], to
clear or remove from publicly or privately owned land or
water[,] debris and wreckage which may threaten public health
or safety, or public or private property.
(2) To accept funds from the Federal Government and
utilize the funds to make grants or to reimburse any
political subdivision for the purpose of removing debris or
wreckage from publicly or privately owned land or water.
(b) Authority of Commonwealth personnel.--Whenever the
Governor provides for clearance of debris or wreckage pursuant
to subsection (a), employees of the designated Commonwealth
agencies or individuals appointed by the Commonwealth are
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authorized to enter upon private land or waters and perform any
tasks necessary to the removal or clearance operation.
[(c) Nonliability of Commonwealth personnel.--Except in
cases of willful misconduct, gross negligence or bad faith, any
Commonwealth employee or agent complying with and performing
duties pursuant to orders of the Governor under this section
shall not be liable for death of or injury to persons or damage
to property.]
§ 7304. Community disaster loans.
Whenever, at the request of the Governor, the President has
declared a major disaster or emergency to exist in this
Commonwealth, the Governor is authorized:
(1) Upon determining that a political subdivision [of
this Commonwealth] will suffer a substantial loss of tax and
other revenues from a major disaster or emergency and has
demonstrated a need for financial assistance to perform its
governmental functions, to apply to the Federal Government,
on behalf of the political subdivision, for a loan and to
receive and disburse the proceeds of any approved loan to
[any] the applicant [political subdivision].
(2) To determine the amount needed by [any applicant] a
political subdivision to restore or resume its governmental
functions and to certify the amount to the Federal
Government. No application amount shall exceed 25% of the
annual operating budget of the applicant for the fiscal year
in which the major disaster or emergency occurs.
(3) After review, recommend to the Federal Government
the cancellation of all or any part of repayment when, in the
first three full fiscal-year periods following the major
disaster, the revenues of the political subdivision are
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insufficient to meet its operating expenses, including
additional disaster-related expenses [of a municipal
operation character].
§ 7305. Individual and family assistance.
(a) Grants by Federal Government.--Whenever the President,
at the request of the Governor, has declared a major disaster or
emergency to exist in this Commonwealth, the Governor is
authorized:
(1) Upon determining that assistance under [The Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(Public Law 93-288, 42 U.S.C. § 5121 et seq.),] the Stafford
Act and from other means is insufficient to meet the
disaster-related necessary expenses or serious needs of
individuals or families adversely affected by a major
disaster or emergency, to accept a grant from the Federal
Government for the purpose of meeting the expenses or needs
of disaster victims, subject to any terms and conditions
imposed upon the grant.
(2) To enter into an agreement with the Federal
Government or any Federal agency or officer pledging the
Commonwealth to participate in the funding of the assistance
authorized in paragraph (1) and, if Commonwealth funds are
not otherwise available to the Governor, to accept an advance
of the Commonwealth share from the Federal Government to be
repaid when the Commonwealth is able to do so.
(b) Grants by Governor.--To implement subsection (a), the
Governor is authorized to make grants to meet disaster-related
necessary expenses or serious needs of individuals or families
adversely affected by a major disaster or emergency declared by
the President. Any grant shall not exceed the amount authorized
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by [The Robert T. Stafford Disaster Relief and Emergency
Assistance Act] the Stafford Act or by applicable State law to
an individual or family in any single major disaster or
emergency.
[(c) Penalty for false application.--Any person who
fraudulently or willfully makes a misstatement of fact in
connection with an application for assistance under this section
shall be guilty of a misdemeanor of the third degree.]
§ 7305.1. Grants for public assistance and hazard mitigation.
(a) Commonwealth participation in public assistance and
hazard mitigation funding; agreements.--Whenever the President
authorizes [the] a contribution [of up to 75% of] to the cost of
[hazard mitigation measures to] public assistance grants to
repair or replace eligible public property damage or hazard
mitigation to reduce the risk of future damage, hardship[,] or
loss [or suffering] to eligible property in any area affected by
a major disaster pursuant to [The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Public Law 93-288, 88 Stat.
143)] the Stafford Act, the Governor is authorized, subject to
the availability of appropriated funds, to enter into an
agreement with the Federal Government or any Federal agency or
officer pledging the Commonwealth to participate in the funding
of the public assistance and mitigation project or plan.
(b) Special Session disaster relief acts.--Projects which
are itemized under Chapter 3 of the act of July 11, 1996 (2nd
Sp.Sess., P.L.1791, No.8), known as the Special Session Flood
Control and Hazard Mitigation Itemization Act of 1996, and the
act of July 11, 1996 (2nd Sp.Sess., P.L.1826, No.9), known as
the Special Session Flood Relief Act, are deemed to be hazard
mitigation projects for the purposes of hazard mitigation
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funding to the extent that such projects qualify under [The
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Public Law 93-288, 88 Stat. 143).] the Stafford Act.
(c) Need for plan.--The agency may withhold Federal or State
funds available under subsection (a) from a political
subdivision that does not have in effect a current emergency
operations plan and a current hazard mitigation plan as required
under this part.
Section 2. Title 35 is amended by adding sections to read:
§ 7307.1. Use and appropriation of unused Commonwealth funds.
(a) Transfer of funds authorized.--In addition to the
transfers permitted under section 7301 (relating to general
authority of Governor), if the Governor has not declared a
disaster emergency or if a declaration of disaster emergency has
expired, the Governor may nevertheless transfer unused funds
that may have been appropriated for the ordinary expenses of the
Commonwealth in the General Fund to Commonwealth agencies as the
Governor may direct to be expended for preparedness planning and
other activities related to a potential or actual disaster in a
manner as the Governor shall approve.
(b) Limitation on amount transferred.--The total of the
transfers authorized under this section may not exceed
$30,000,000 in a year except by action of the General Assembly.
§ 7307.2. Disaster Emergency Fund.
(a) Establishment.--A nonlapsing, restricted account is
established within the State Treasury to be known as the
Disaster Emergency Fund. Any funds appropriated, deposited or
transferred to the fund, including interest earned on money in
the fund, shall be restricted and nonlapsing.
(b) Use of fund money.--Money in the fund shall be used to
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assist with emergencies or nonfederally declared disasters in
accordance with standards and guidelines set by the agency and
published in the Pennsylvania Bulletin.
Section 3. Section 7308(a) of Title 35 is amended to read:
§ 7308. Laws suspended during emergency assignments.
(a) Commonwealth agencies.--In the case of a declaration of
a [state of] disaster emergency by the Governor, Commonwealth
agencies may implement their emergency assignments without
regard to procedures required by other laws [(except mandatory
constitutional requirements)], except constitutional
requirements pertaining to the performance of public work,
entering into contracts, incurring of obligations, employment of
temporary workers, rental of equipment, purchase of supplies and
materials and expenditures of public funds.
* * *
Section 4. Title 35 is amended by adding a section to read:
§ 7309. Penalty for false application.
A person who fraudulently or willfully makes a material
misstatement of fact in connection with an application for
assistance under this subchapter commits a misdemeanor of the
third degree. In addition to any other sentence imposed, the
defendant shall be ordered to repay to the Commonwealth the
amount of funds received under the application.
Section 5. Sections 7312, 7313, 7314, 7320, 7501, 7502,
7503, 7504, 7511, 7512, 7513, 7514 and 7515 of Title 35 are
amended to read:
§ 7312. [Organization.] Pennsylvania Emergency Management
Council.
[This agency shall consist of and be organized substantially
as follows:
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(a) Council.--Primary responsibility for overall policy and
direction of a Statewide civil defense and disaster program and
response capability of the type hereinafter prescribed shall be
vested in a body legally known as the Pennsylvania Emergency
Management Council, which]
(a) Establishment.--
(1) The Pennsylvania Emergency Management Council is
established within the agency.
(2) (i) The council shall be composed of: the Governor,
the Lieutenant Governor, the Adjutant General, the
Secretary of the Budget, the director, the Secretary of
Administration, the Secretary of State, the Secretary of
Education, the Secretary of General Services, the
Secretary of Labor and Industry, the Secretary of Health,
the Attorney General, the Governor's General Counsel, the
Secretary of Community [Affairs,] and Economic
Development, the Secretary of Conservation and Natural
Resources, the Secretary of Environmental Protection, the
Secretary of Transportation, the Secretary of
Agriculture, the Secretary of [Public Welfare,] Human
Services, the Commissioner of the Pennsylvania State
Police, [Chairman] the Chairperson of the Pennsylvania
Public Utility Commission, the State Fire Commissioner,
or their designees, and the Speaker of the House of
Representatives, the President pro tempore of the Senate,
the Minority Leader of the Senate and the Minority Leader
of the House of Representatives, or their designees. [The
Speaker of the House of Representatives, President pro
tempore of the Senate, Minority Leader of the Senate and
Minority Leader of the House of Representatives may
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authorize a member of their respective Houses of the
General Assembly to serve in their stead.]
(ii) The Governor may authorize up to two
representatives of business and industry, up to two
representatives of labor, up to two public members at
large and one representative respectively of the
[Pennsylvania State Association of] County Commissioners
Association of Pennsylvania, the Pennsylvania State
Association of Township Commissioners, the Pennsylvania
State Association of Township Supervisors, the
Pennsylvania Municipal League [of Cities and], the
Pennsylvania State Association of Boroughs and the
Keystone Emergency Management Association to be nonvoting
members of the council.
(iii) The Governor [may designate a member to] shall
serve as [chairman.] chair.
(iv) The Governor may also appoint representatives
of key private sectors, including the energy utility,
medical, police, fire, emergency medical services,
communications, transportation, education, agriculture
and labor sectors, and two members at large to serve as
nonvoting council members.
(3) Five voting members shall constitute a quorum.
(b) Compensation and expenses.--The members shall serve
without compensation, but may be reimbursed for their actual and
necessary traveling and other expenses incurred in connection
with attendance at meetings.
(c) Regular meetings.--For the conduct of routine business,
including particularly the consideration of matters of basic
policy, the council shall meet at the call of the [chairman and
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at least three times during each calendar year.] chair.
(d) Emergency meetings.--In the event of [attack or disaster
situations determined actually or likely to be of such nature,
magnitude, severity or duration as to necessitate extensive or
extraordinary deployment and use of Commonwealth resources for
emergency purposes] the occurrence of an emergency, the
[chairman shall, within not more than 72 hours immediately
following such determination,] chair may call the council into
emergency session[,] for consideration of actions taken or to be
taken. [In] The director may call such meetings in the absence
of the [chairman, notice of such meetings shall be disseminated
to the membership by the State director.] chair.
[(e) State director.--To supervise the work and activities
comprising the State Civil Defense and Disaster Program, the
Governor shall appoint an individual to act, on a full-time
basis, as director of the agency. The director shall perform all
such fiscal, planning, administrative, operational and other
duties as may be assigned to him by the council and shall act as
the chairman's principal assistant in civil defense and disaster
matters. The director or the director's designee is also the
State coordinating officer responsible to coordinate and
supervise the Commonwealth and local disaster response effort
following a presidential declaration of an emergency or a major
disaster.]
(f) Staff.--[The council shall, within the limitations of
appropriations made to the agency, arrange for the employment of
such professional, technical, administrative and other staff
personnel as may be deemed essential to the development and
maintenance of a Statewide civil defense and disaster plan and
program of the type hereinafter prescribed. All such personnel
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shall be employed and subject to pertinent provisions of the act
of August 5, 1941 (P.L.752, No.286), known as the "Civil Service
Act," and the Commonwealth Compensation Plan.] The agency shall
provide the council with staff and other services as may be
required for the council to carry out its responsibilities under
this part.
[(g) Office space, equipment and services.--The agency shall
be furnished necessary and appropriate office space, furniture,
equipment, supplies and services in the same general manner as
are other Commonwealth departments and agencies.
(h) Emergency communications.--The agency shall maintain an
integrated communications capability designed to provide to all
areas and counties weather advisories, river forecasts,
warnings, and direction and control of all emergency
preparedness functions within the Commonwealth. The agency shall
coordinate the Commonwealth's emergency communication systems,
sharing of information and weather emergency notification among
the National Weather Service, contiguous State emergency
management offices, local coordinators of emergency management,
the Pennsylvania State Police, local police departments, private
relief associations and other appropriate organizations.
Additionally, the agency shall establish the sole Statewide
telephone number that persons, including county and municipal
emergency management personnel, may use to report incidences of
radioactive and hazardous materials and other disaster
emergencies.
(i) Administrative provisions.--Except as otherwise provided
in this part, the agency shall be subject to the provisions of
the act of April 9, 1929 (P.L.177, No.175), known as "The
Administrative Code of 1929."]
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(j) Commonwealth Disaster Recovery Task Force.--The director
shall organize the Commonwealth Disaster Recovery Task Force to
review and conduct, when directed by the Governor, studies of
disasters that occur in this Commonwealth, their causes and
impacts, make recommendations to prevent future disasters,
lessen their impact and help expedite recovery at the State and
local level. The members of the council shall serve on the task
force and may invite other organizations and Commonwealth
agencies to participate as needed.
§ 7313. Powers and duties.
The agency shall [have the following powers and duties:]
develop a comprehensive emergency management and preparedness
system for this Commonwealth, in coordination with other
Commonwealth agencies as designated by the Governor. In order to
develop the system, the agency shall:
(1) [To prepare] Prepare, maintain and keep current [a
Pennsylvania Emergency Management Plan for the prevention and
minimization of injury and damage caused by disaster, prompt
and effective response to disaster and disaster emergency
relief and recovery.] the Commonwealth emergency management
program. The [plan] program may include provisions for:
(i) Preparedness standards established by the United
States Department of Homeland Security and the Federal
Emergency Management Agency.
(ii) [Commonwealth] State, regional and local
[disaster] emergency management responsibilities.
(iii) Assistance to Commonwealth agencies, regional
task forces, local government officials, elementary and
secondary schools [and custodial child], dependent care
facilities [in designing emergency management plans and
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training programs] and the private sector in developing
their systems of emergency management and preparedness.
(iv) Organization of manpower[,] and chains of
command[, continuity of government] in emergency
situations and emergency operational principles.
(v) Coordination of Federal, [Commonwealth] State,
regional and local [disaster] preparedness and emergency
management activities.
(vi) Coordination of the Commonwealth [Emergency
Management Plan with the disaster plans of the Federal
Government and those of other states] emergency
operations plan.
(vii) Assistance to the Commonwealth, regional task
forces, elementary and secondary schools and county and
local governments and private or nonprofit entities in
obtaining, utilizing and managing Federal and
[Commonwealth] State disaster assistance.
(viii) Supply to appropriate [Commonwealth] State
and local officials and regional task forces State
catalogs of Federal, [Commonwealth] State and private
assistance programs.
(ix) [Identification of areas particularly
vulnerable to disasters.] Accreditation programs for
county and local emergency management programs,
Commonwealth emergency management certification programs
and qualification standards for appointed emergency
management coordinators.
(x) Recommendations for zoning, building and other
land-use controls; safety measures pertaining to
nonpermanent or semipermanent structures; resource
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conservation and allocation; and other preventive and
preparedness measures designed to eliminate or reduce
disasters or their impact.
(xi) Authorization and procedures for the erection
or other construction of temporary works designed to
protect against or mitigate danger, damage or loss from
flood, conflagration or other disaster[.] in coordination
with the Department of Environmental Protection.
(1.1) Maintain and keep current the Commonwealth
emergency operations plan, the State hazard mitigation plan
and other related and supporting plans as necessary or
required by Federal or State law or regulation.
(2) [To establish] Establish, equip and staff a
Commonwealth [and area emergency operations center] Response
Coordination Center and a Commonwealth Watch and Warning
Center with a consolidated Statewide system of warning and
provide a system of disaster communications integrated with
those of Federal[, Commonwealth and local] agencies,
Commonwealth agencies, regional task forces and political
subdivisions involved in disaster emergency operations.
(3) [To promulgate] Promulgate, adopt and enforce such
rules, regulations, standards, directives and orders as may
be deemed necessary to carry out the provisions of this part.
(4) [To provide] Provide standards, technical guidance,
advice and assistance to Commonwealth agencies, [political
subdivisions, schools and custodial child care facilities]
regional task forces, county emergency management programs,
local emergency management programs, elementary and secondary
schools and dependent care facilities in the preparation of
[disaster] emergency [management] plans or components thereof
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[and to periodically review such plans and suggest or require
revisions].
(5) [To establish and operate or assist political
subdivisions in establishing and operating training programs]
Establish standards for and assist county emergency
management programs, local emergency management programs and
regional task forces with operations, training and programs
of public information.
(6) [To supply] Supply appropriate Commonwealth [and
local agencies and officials] agencies, county emergency
management programs, local emergency management programs and
the general public with precautionary notices, watches and
warnings relating to actual and potential disasters and [to]
provide a flow of official information and instructions to
the general public through all means available before, during
and after an emergency. The agency shall [implement] support
a program of integrated flood warning systems among political
subdivisions[. The agency shall] and establish coordinated
flood notification and early warning systems along prescribed
major river basins and selected tributaries thereof in this
Commonwealth.
(7) [To provide] Provide emergency direction and
[control] coordination of Commonwealth [and local] emergency
operations[.] by overseeing the identification and commitment
of all Commonwealth personnel, which includes all members of
agency-designated specialized Statewide response teams,
equipment and resources through the use of an incident
command system. The tactical and operational control of the
resources of a Commonwealth agency shall remain with that
respective agency.
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(8) [To determine] Determine the need for, maintain
information regarding and procure materials, supplies,
equipment, facilities and services necessary for [disaster
emergency readiness, response and recovery] preparedness and
emergency management.
(9) [To make] Make or request of Commonwealth [or local
agencies and officials] agencies, county emergency management
programs, local emergency management programs or regional
task forces, studies, surveys and reports as are necessary to
carry out the purposes of this part.
(10) [To plan] Plan and make arrangements for the
availability and use of any private facilities, services and
property and, if necessary and if in fact used, provide for
payment for use under terms and conditions agreed upon.
(11) [To prepare] Prepare, for issuance by the Governor,
executive orders, proclamations and regulations as necessary
or appropriate in coping with disasters.
(12) [To cooperate] Cooperate with the Federal
Government and any public or private agency or entity in
achieving any purpose of this part and in implementing
programs for [disaster prevention, preparation, response and
recovery] preparedness and emergency management.
(13) [To administer] Administer grant programs [to
political subdivisions for disaster management] and provide
grants and other funding assistance subject to availability
of appropriated funds.
(14) [To accept] Accept and coordinate assistance
provided by Federal agencies in major disasters or
emergencies in accordance with the provisions of [The Robert
T. Stafford Disaster Relief and Emergency Assistance Act
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(Public Law 93-288, 42 U.S.C. § 5121 et seq.), or any
amendment or reenactment thereof.] the Stafford Act.
(15) [To] In conjunction with the Department of
Environmental Protection, respond to [disaster] disasters
relating to [atomic] nuclear or radiological energy
operations or radioactive objects or materials. Any such
action taken and any regulations adopted by the [office]
agency shall be inapplicable to any objects or materials
possessing a radiation-producing capacity less than that set
forth as the maximum safety limit by the standards endorsed
and as may be subsequently endorsed by the United States
Nuclear Regulatory Commission or the Environmental Protection
Agency for the protection of life and property and the
maintenance of health and safety. Action taken and
regulations adopted by the agency shall be inapplicable to
objects or materials possessing a radiation-producing
capacity less than that set forth as the maximum safety limit
by the standards endorsed by the United States Nuclear
Regulatory Commission or the Environmental Protection Agency
for the protection of life and property and the maintenance
of health and safety.
(16) [To take] Take other action necessary, incidental
or appropriate for the implementation of this part.
(17) [To report] Report annually to the Governor and the
General Assembly the state of preparedness of the
Commonwealth to deal with [attack or] disaster and those
significant events occurring within the past year.
(17.1) Report semiannually to the Governor and the
chairperson and minority chairperson of the Appropriations
Committee of the Senate and the chairperson and minority
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chairperson of the Appropriations Committee of the House of
Representatives regarding all grants awarded by the agency
from Federal disaster assistance or relief funds, homeland
security and defense funds, pandemic preparedness or other
public health emergency funds. The reports shall include
information relating to the entity receiving grant money from
the agency, including the name and address of the entity, the
amount of the grant, the date of issuance and the purpose of
the grant. Reports shall be submitted on or before August 15
of each year for grants awarded during the period from
January 1 through June 30 and on or before February 15 of
each year for grants awarded during the period from July 1
through December 31.
(18) [To recommend] Recommend to the Governor
legislation or other actions as deemed necessary in
connection with the purposes of this part.
(19) [To provide, from its own stockpiles or other
sources, emergency operational equipment, materials and
supplies required and available for essential supplementation
of those owned, acquired and used by Commonwealth, county and
local departments and agencies for attack and disaster
operations. The agency shall establish two regional emergency
supply warehouses. One shall be located in the western part
of this Commonwealth, and one shall be located in the eastern
part of this Commonwealth.] Purchase equipment, materials and
supplies on behalf of regional task forces, specialized
regional response teams, county emergency management programs
or local emergency programs in support of preparation,
response, mitigation or recovery activities to the extent
that funds are available or appropriated for such purpose.
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(20) For the period during which an emergency is
declared by the Governor, [to] incur obligations for or
purchase such materials and supplies as may be necessary to
combat a disaster, protect the health and safety of persons
and property and provide emergency assistance to victims of a
disaster without complying with formal bidding or other time-
consuming contract procedures.
(21) [To require] Require hydroelectric generating
facilities and dam operators to [do all of the following:
(i) Provide minimum competency testing for their
operators.
(ii) Submit plans for flood notification and
warning.] submit plans for flood notification and warning
and provide inundation maps in accordance with direction
from the Department of Environmental Protection.
(22) Establish policies and procedures to coordinate and
implement all search and rescue activities with the Federal
Government, other states, other Commonwealth agencies and
political subdivisions. The agency may activate and deploy an
agency-designated specialized Statewide response team and
specialized equipment to disaster emergency or training sites
within or outside this Commonwealth for search and rescue,
training and other emergency response purposes.
(23) Establish and maintain a Statewide incident
reporting program and methodology for all-hazards
information. All Commonwealth agencies, county emergency
management programs, county 911 centers and other entities
required to provide all-hazards information to the agency
under this part and other State law shall contribute all-
hazards information to the system.
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(24) Assist with the implementation of the National
Infrastructure Protection Plan and the Commonwealth critical
infrastructure protection plan in coordination with other
Commonwealth agencies as designated by the Governor.
(25) Conduct all-hazards exercises, as appropriate.
§ 7314. Utilization of existing services and facilities.
In order to avoid duplication of services and facilities, the
agency shall utilize the services and facilities of existing
officers, offices, departments, commissions, boards, bureaus,
institutions and other agencies of the Commonwealth and of the
political subdivisions thereof. These officers and agencies
shall cooperate with and extend their services and facilities to
the agency as requested and consistent with other operational
requirements of that agency.
§ 7320. Radiological emergency [response preparedness, planning
and recovery] preparedness and management program.
(a) Establishment of program.--In addition to the powers and
duties of the agency set forth in section 7313 (relating to
powers and duties), the agency shall develop, establish and
maintain, in consultation with the Department of Environmental
Protection, a standardized, Statewide radiological emergency
[response preparedness, planning and recovery] preparedness and
management program consistent with the Commonwealth's [Emergency
Management Plan] emergency management program and [in
accordance] consistent with other applicable Federal regulations
and State laws for each nuclear generating facility that has
received an operating license from the Nuclear Regulatory
Commission.
(b) Agency functions.--The specific functions of the agency
under the radiological emergency [response preparedness,
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planning and recovery] preparedness and management program shall
include, but not be limited to:
(1) Serving as the point of contact for the coordination
and management of the Statewide response and provide for
interface between the affected [facilities] counties and
other Commonwealth agencies [and departments, counties,
municipalities], Federal agencies, regional task forces,
political subdivisions and school districts.
(2) [Annual] Overseeing the annual review and revision,
as necessary, of the risk county and support county
radiological emergency response plans to ensure that they are
consistent with the [Commonwealth's Emergency Management
Plan] Commonwealth emergency operations plan.
(3) Participation in required exercises, including
emergency communication drills and tests[, as based upon
mutually agreed schedules and parameters].
(4) Participation in the Federal full participation
exercises scheduled for commercial nuclear [generation] power
stations.
(5) Review and revision, as necessary, of [Annex E,
"Radiological Emergency Response to Nuclear Power Plant
Incidents," of the Commonwealth's Emergency Management Plan]
the Commonwealth's nuclear/radiological incident response
plan, and support of the annual review by the Department of
Environmental Protection of the onsite emergency response
plan of each [utility] nuclear power plant licensee to ensure
that it is consistent with the [annex] plan.
[(6) Seeking formal Federal review and approval of the
Commonwealth's Annex E to its Emergency Management Plan and
the county, municipal and other plans in accordance with 44
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CFR Part 350 (relating to review and approval of state and
local radiological emergency plans and preparedness). Once
Federal approval is obtained for the plans, the agency shall
seek to maintain that approval status.]
(7) Annual review of municipal and school district
radiological emergency response plans in conjunction with the
respective county emergency management [agencies to ensure
that they are consistent with the applicable county
radiological emergency response plans] program.
(8) [Assisting in] Overseeing the update of lesson plans
used by each [utility] nuclear power plant licensee for
county, municipal, school and volunteer agency offsite
training purposes [and, to the extent necessary to obtain
Federal approval, participation in this training effort] with
the objective to standardize training material to the extent
possible to support sharing of resources between offsite
response organizations.
(9) [Annual review of] Review of design changes to the
[Alert Notification System Report] alert and notification
system for each commercial nuclear [generating] power station
[to ensure that current information from the State and county
plans are included in the report] and assist in the
coordination of siren or other emergency communication tests
with each [utility] nuclear power plant licensee, the
appropriate counties and adjacent states.
(10) Coordinating the review and update of emergency
information brochures with the respective counties and
[utilities] nuclear power plant licensees.
(11) Participation with each [utility] nuclear power
plant licensee in planning and program meetings scheduled
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with [counties, municipalities] political subdivisions,
dependent care facilities and school districts.
(12) Developing planning and preparedness procedures for
emergency response within the ingestion exposure pathway
emergency planning zone.
(13) Providing a qualified [press secretary] public
information officer or designee to participate in the
operation of a joint information center upon its activation
by a [utility] nuclear power plant licensee.
(14) Performing actions necessary to satisfy the
Commonwealth's responsibilities relative to Federal guidance
memoranda.
(15) Providing reasonable assistance and support
requested by a [utility] nuclear power plant licensee from
time to time in connection with the [utility] nuclear power
plant licensee obtaining or maintaining, or both, an
emergency plan acceptable to Federal regulatory entities
having jurisdiction over the [utility] nuclear power plant
licensee.
(16) Providing other reasonable assistance and support
requested by [utilities] nuclear power plant licensees from
time to time.
(17) Providing guidance to [State, county and municipal
elected officials, departments and agencies and school
districts in order] Commonwealth agencies, political
subdivisions, school districts and dependent care facilities
to ensure compliance with this section and all other
applicable Federal and State radiation protection safety
laws.
(18) [Providing] Coordinating redundant communications'
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capability between the agency's headquarters and each
[nuclear generating] commercial nuclear power station in this
Commonwealth sufficient to meet Federal and State regulatory
requirements.
(c) Establishment of fund.--[There is hereby created in the
General Fund a] A nonlapsing restricted receipt account to be
known as the Radiological Emergency Response Planning and
Preparedness Program Fund is established in the General Fund.
[Fees received under subsection (d) shall be deposited in this
fund.] Moneys in the fund are hereby appropriated to the agency
to carry out its responsibilities under subsections (a) and (b).
§ 7501. General authority of [political subdivisions] county
and local emergency management programs.
[(a) Establishing emergency management organization.--Each
political subdivision of this Commonwealth is directed and
authorized to establish a local emergency management
organization in accordance with the plan and program of the
Pennsylvania Emergency Management Agency. Each local
organization shall have responsibility for emergency management,
response and recovery within the territorial limits of the
political subdivision within which it is organized and, in
addition, shall conduct such services outside of its
jurisdictional limits as may be required under this part.]
(a.1) Establishing emergency management programs.--No later
than two years from the effective date of this subsection, a
political subdivision shall establish an emergency management
program consistent with the Commonwealth emergency management
program within its jurisdictional limits as required by the
agency.
(b) Declaration of local disaster emergency.--
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(1) A local disaster emergency may be declared by
official action of the governing body of a political
subdivision upon finding a disaster emergency has occurred or
is imminent. The governing body of a political subdivision
may authorize the [mayor or other] chief elected executive
officer to declare a local disaster emergency subject to
ratification by official action of the governing body.
(2) The [declaration] declared disaster emergency shall
be issued by executive order or proclamation and shall
continue until the governing body or the chief elected
executive officer, as the case may be, finds that the threat
or danger has passed or the disaster has been dealt with to
the extent that emergency conditions no longer exist.
(3) A declared disaster emergency shall not be
[continued or] renewed for a period in excess of [seven] 30
days except by [or with the consent] official action of the
governing body of the political subdivision.
(4) All executive orders or proclamations issued under
this subsection shall indicate the nature of the disaster
emergency, the area or areas threatened and the conditions
which have brought the disaster emergency about or which make
possible termination of the declared disaster emergency.
(5) Any order or proclamation declaring, continuing or
terminating a [local] county disaster emergency shall be
given prompt and general publicity and shall be filed
promptly with the agency.
(6) An order or proclamation declaring, continuing or
terminating a municipal disaster emergency shall be given
prompt and general publicity and shall be filed promptly with
the agency through the appropriate county emergency
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management program.
(7) The effect of a declaration of a local disaster
emergency is to activate the response and recovery aspects of
any and all applicable local emergency [management] plans and
to authorize the furnishing of aid and assistance thereunder.
(c) Contracts and obligations.--In carrying out the
provisions of this part, each political subdivision shall have
the power to enter into contracts and incur obligations
necessary to manage the disaster emergency [management, response
and recovery].
(d) Temporary suspension of formal requirements.--Each
political subdivision included in a declaration of disaster
emergency declared by either the Governor or the governing body
or chief elected executive officer of the political subdivision
affected by the disaster emergency is authorized to exercise the
powers vested under this section in the light of the exigencies
of the emergency situation without regard to time-consuming
procedures and formalities prescribed by law [(excepting
mandatory constitutional requirements)], excepting
constitutional requirements, pertaining to the performance of
public work, entering into contracts, the incurring of
obligations, the employment of temporary workers, the rental of
equipment, the purchase of supplies and materials, the levying
of taxes and the appropriation and expenditure of public funds.
(e) Employment of personnel.--In order to meet prescribed
requirements for eligibility to receive Federal contributions
authorized under the provisions of the Federal Civil Defense Act
of 1950 (64 Stat. 1245, 50 U.S.C. App. § 2251 et seq.) or any
amendment or reenactment thereof, political subdivisions are
authorized to avail themselves of services offered by the State
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Civil Service Commission under the provisions of the act of
August 5, 1941 (P.L.752, No.286), known as the ["Civil Service
Act,"] Civil Service Act, in connection with the employment of
personnel in [local organizations] a county emergency management
program or a local emergency management program established
pursuant to the provisions of this part.
(f) Intergovernmental cooperation.--Notwithstanding the
provisions of 53 Pa.C.S. § 2302 (relating to definitions), two
or more municipalities may jointly cooperate in the
establishment of an emergency management program in conformance
with the provisions of 53 Pa.C.S. Ch. 23 Subch. A (relating to
intergovernmental cooperation) and in conformance with standards
established by the agency.
§ 7502. [Local coordinator of emergency management] County and
local emergency management coordinators.
(a) General rule.--[Each local organization of emergency
management shall have] Each county emergency management program
and each local emergency management program shall appoint a
coordinator who shall be responsible for the planning,
administration and operation of the [local organization]
respective emergency management program subject to the direction
and control of the chief elected executive officer [or] and
governing body. The duties of and continuing education and
certification standards for a coordinator or any individual that
seeks to be certified by the Commonwealth at any level of
emergency management shall be prescribed by the agency. In
addition to the qualifications under this section, the agency
shall prescribe other qualifications for the appointment of
coordinators as it deems necessary.
(a.1) Certification refusal.--The agency shall refuse to
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certify an individual as an emergency manager for incompetence,
dishonesty or commitment of a felony or an offense involving
moral turpitude under Federal, State or local laws or
ordinances.
(b) County coordinator.--[A coordinator shall be appointed
in all counties with approval of the director of the agency. The
executive officer or governing body of the county shall
recommend a coordinator whose recommendation must be endorsed by
the director of the agency prior to appointment by the Governor.
Upon failure of the executive officer or governing body of the
county to make a recommendation of a person for coordinator
within the time fixed by the agency, the Governor is authorized
to appoint a coordinator based upon the recommendation of the
director of the agency.]
(1) The chief elected executive officer of each county
shall appoint a coordinator of the county emergency
management program within 90 days of a vacancy.
(2) A temporary or acting coordinator shall be appointed
by the chief elected executive officer, and the agency shall
be notified of the appointment within 24 hours of a vacancy.
At no time shall the coordinator position remain vacant for
more than 24 hours.
(3) The coordinator [of the county organization] shall
not be assigned any duties that will [conflict] interfere
with [his duty] the duties as coordinator.
(c) [Local level.--At the local level, the coordinator shall
be appointed by the Governor upon the recommendation of the
executive officer or governing body of the political
subdivision. Upon the failure of the executive officer or
governing body of a political subdivision to make a
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recommendation to the Governor of a candidate for coordinator
within the time fixed by the agency, the Governor is authorized
to appoint a coordinator without any recommendation. A candidate
for coordinator for two or more political subdivisions may be
recommended to the Governor for appointment upon agreement by
resolution of the governing bodies of such political
subdivisions. Any other law notwithstanding, a local government
official may be recommended for appointment.] Local
coordinators.--
(1) The chief elected executive officer of a
municipality with a local emergency management program shall
appoint a coordinator and provide written notice to the
county where the local emergency management program is
located within 30 days following his appointment.
(2) A temporary or acting coordinator shall be appointed
by the chief elected executive officer and the county shall
be notified of the appointment within 24 hours of a vacancy.
At no time shall the coordinator position remain vacant for
more than 24 hours, and a temporary or acting coordinator may
only serve for a period of 90 days unless otherwise appointed
as a coordinator under paragraph (1).
(3) Notwithstanding any other provision of law, a local
government official may be appointed as a coordinator under
this subsection, provided that the official complies with the
qualifications for appointment prescribed by the agency as
contained in this section.
(d) Qualifications and removal.--[The]
(1) A coordinator shall be professionally competent and
capable of planning, effecting coordination among operating
agencies of government and controlling coordinated operations
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by local emergency preparedness forces.
(2) (i) An appointing authority shall remove a
coordinator for incompetence, dishonesty or commitment of
a felony or an offense involving moral turpitude under
Federal, State or local laws or ordinances.
(ii) A county or local coordinator serves at the
pleasure of the appointing authority and may be removed
for any reason.
(iii) A county or local coordinator or an individual
that has been certified by the Commonwealth as an
emergency manager may be removed or decertified by the
agency for failure to meet agency-prescribed training and
certification standards.
(e) In-service training.--Each coordinator appointed
[coordinator] under this section shall:
(1) [Attend and successfully complete the first phase of
the career development program as prescribed by the agency
within one year after appointment.] Successfully complete the
basic certification program of the agency no later than one
year after appointment.
(2) [Attend and successfully complete the second phase
of the career development program as prescribed by the agency
within three years after appointment.] Successfully complete
the advanced certification program of the agency no later
than three years after appointment.
(3) Attend basic and advanced seminars, workshops and
training conferences [called] required by the [State director
and/or official having responsibility for providing the
coordinator with in-service training.] agency .
(4) Meet the training, continuing education,
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certification and qualification requirements prescribed by
and within the time frames established by the agency .
[Failure to attend the instruction described in this subsection
or failure to attend a prescribed training conference for a
period of two consecutive years shall be cause for replacement.
The State Director of Emergency Management may grant credit
toward meeting the requirements of this subsection to appointed
local coordinators on the basis of prior experience and
training.]
(e.1) Credit.--At the discretion of the director, a
coordinator may receive credit toward meeting the requirements
of subsection (e) on the basis of prior experience and training
of the coordinator.
(f) Responsibility for training.--Responsibility for the
professional in-service training of each coordinator rests with
each successive higher [political subdivision] emergency
management program than the one in which the coordinator is
functioning.
(g) Expenses.--[Each appointed] The county, municipality or
council of governments served by the coordinator shall reimburse
the coordinator [shall be reimbursed] for actual expenses
incurred in the performance of his duties and attendance at
scheduled meetings[.], exercises and required training as
prescribed by the agency, county, municipality or council of
governments.
§ 7503. Powers and duties of [political subdivisions] county
and local emergency management programs.
(a) General rule.--Each [political subdivision shall, either
individually or pursuant to the provisions of the act of July
12, 1972 (P.L.762, No.180), referred to as the Intergovernmental
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Cooperation Law, adopt an Intergovernmental Cooperation
agreement with other political subdivisions to:] county
emergency management program and each local emergency management
program shall:
(1) Prepare, maintain and keep current [a disaster], as
specified by the agency, emergency management [plan for the
prevention and minimization of injury and damage caused by
disaster, prompt and effective response to disaster and
disaster emergency relief and recovery in consonance with the
Pennsylvania Emergency Management Plan] plans.
(2) Establish, equip and staff an emergency operations
center, consolidated with warning and communication systems
to support government operations in emergencies and provide
other essential facilities and equipment for agencies and
activities assigned emergency functions in accordance with
agency directives.
(3) Provide individual and organizational training
programs to [insure] ensure prompt, efficient and effective
disaster emergency services.
(4) Organize, prepare and coordinate all locally
available manpower, materials, supplies, equipment,
facilities and services necessary for response to disaster
[emergency readiness, response and recovery] emergencies.
(5) Adopt and implement precautionary measures to
mitigate the anticipated effects of disaster.
(6) Execute and enforce such rules and orders as the
agency shall adopt and promulgate under the authority of this
part.
(7) Cooperate and coordinate with any public [and] or
private agency or entity in achieving any purpose of this
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part.
(8) Have available for inspection at its emergency
operations center all emergency management plans, rules and
orders of the Governor and the agency.
(9) Provide prompt and accurate information regarding
local disaster emergencies to appropriate Commonwealth and
local officials and agencies and the general public.
(10) Participate in [all] tests, drills and exercises,
including remedial drills and exercises, scheduled by the
agency or by the Federal Government.
(11) Participate in the program of integrated flood
warning systems under section 7313(6) (relating to powers and
duties).
(b) County emergency management program.--A county shall
develop, maintain and manage its emergency management program
and capabilities as prescribed by the agency. The program shall
include the following:
(1) Coordinating resource management to ensure that
county and appropriate municipal resources are properly
organized, trained and equipped and have adequate plans to
safely and effectively accomplish assigned missions.
(2) Maintaining a countywide listing of county and
municipal resources.
(3) Providing updated resource management information to
the agency upon request.
(4) Implementing and coordinating the county's National
Incident Management System compliance activities.
(5) Monitoring progress by municipalities within the
county in National Incident Management System implementation
and providing assistance where feasible.
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(6) Following reporting protocols established by the
agency.
(7) Developing and implementing county plans, policies
and procedures that are current with Commonwealth directives,
requirements, plans and templates.
(8) Preparing and maintaining a county hazard
vulnerability analysis that incorporates all municipal
hazards.
(9) Coordinating and monitoring planning activities by
municipalities within the county and providing assistance
where feasible.
(10) Providing training to staff of local emergency
management programs and municipalities within the county.
(11) Maintaining training records for coordinators of
local emergency management programs within the county.
(12) Submitting certification documentation to the
agency for county staff and staff of municipalities within
the county.
(13) Coordinating emergency communications by doing the
following:
(i) Encouraging optimal communication and
coordination between the local emergency management
programs within the county and public safety answering
points in accordance with applicable State law.
(ii) Establishing and managing a county emergency
operations center using the National Incident Management
System.
(iii) Coordinating and cooperating with local
emergency management programs within the county and other
relevant organizations and entities for interoperable
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emergency communications.
(14) Participating in continuity of county government
and continuity of county operations planning and ensuring
that county planning is consistent with Statewide and
regional plans.
(15) Developing, maintaining and executing an exercise
and evaluation program in accordance with agency directives
and the Federal Homeland Security Exercise and Evaluation
Program or its successor program.
(16) Participating in planning for continuity of
municipal government and continuity of municipal operations
and providing assistance where feasible.
(17) Coordinating the delivery of citizen education
programs and supplementing materials as necessary.
(18) Coordinating the delivery of awareness and
education programs for county and municipal elected officials
on preparedness and emergency management topics.
(19) Participating in regional task force activities as
appropriate.
(20) Supporting the implementation of the National
Infrastructure Protection Plan and the Commonwealth critical
infrastructure protection plan.
(21) Seeking and promoting opportunities to improve the
efficiency of emergency preparedness and response through
regionalization of services as appropriate.
(22) Advising county officials in matters related to
disaster preparedness and response.
(23) Reviewing emergency plans and emergency operations
plans developed by municipalities, dependent care facilities
and other entities located within the county that are
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required by law or regulation to develop and maintain an
emergency plan. The coordinator shall provide an annual
report to the agency on or before March 1 of each year
describing the status of the plans reviewed under this
paragraph. This paragraph includes review of emergency plans
for nuclear reactors that are subject to regulation by the
Nuclear Regulatory Commission.
(24) Coordinating the development and maintenance of a
countywide animal rescue capability consistent with standards
and guidelines established by the agency in conjunction with
the Department of Agriculture and the Pennsylvania State
Animal Response Team. The coordinator shall engage a county
animal response team, if one exists, in planning activities.
(c) Local emergency management program.--A municipality
required to establish a local emergency management program under
section 7501 (relating to general authority of county and local
emergency management programs) shall develop, maintain and
manage programs and capabilities as prescribed by the agency
that shall include, but not be limited to, the following:
(1) Coordinating resource management to ensure that
appropriate municipal resources are properly organized,
trained and equipped and have adequate plans to safely and
effectively accomplish the assigned missions.
(2) Maintaining a current list of municipal resources.
(3) Providing updated resource management information to
the county emergency management program where the
municipality is located and to the county 911 center upon
request.
(4) Coordinating the municipality's National Incident
Management System compliance activities.
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(5) Following reporting protocols established by the
county emergency management program where the county 911
centers and the municipality are located.
(6) Developing and implementing municipal plans,
policies and procedures in consultation with law enforcement,
fire and emergency personnel and medical service providers
that are consistent with Commonwealth and county strategies,
requirements, plans and templates.
(7) Preparing and maintaining a municipal hazard
vulnerability analysis.
(8) Providing training for staff of the local emergency
management program and maintaining training records and
certification documentation.
(9) Coordinating emergency communications by doing the
following:
(i) Establishing and managing a municipal emergency
operations center in compliance with the National
Incident Management System.
(ii) Coordinating and cooperating with the county
emergency management program where the municipality is
located and other relevant organizations and entities for
interoperable emergency communications.
(10) Participating in continuity of municipal government
and continuity of municipal operations planning.
(11) Coordinating the delivery of citizen education
programs by the municipality and supplementing materials as
necessary.
(12) Coordinating the delivery of awareness and
education programs by the municipality for municipal elected
officials for preparedness and emergency management topics.
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(13) Participating in county and, as appropriate,
regional emergency preparedness task force activities.
(14) Supporting the implementation of the National
Infrastructure Protection Plan and the Commonwealth critical
infrastructure protection plan.
(15) Seeking and promoting opportunities to improve the
efficiency of preparedness and emergency management through
regionalization of services as appropriate.
(16) Advising municipal officials in matters related to
disaster preparedness and emergency management.
(17) Reviewing emergency management plans and programs
developed by elementary and secondary schools, dependent care
facilities and other entities located within the municipality
that are required by law or the Commonwealth to develop and
maintain preparedness and emergency management capabilities.
The coordinator shall provide an annual report to the
coordinator of the county emergency management program where
the municipality is located on or before September 1 of each
year describing the status of the plans reviewed under this
paragraph. This paragraph includes review of emergency plans
for nuclear reactors that are subject to regulation by the
Nuclear Regulatory Commission.
§ 7504. Coordination[,] and assistance [and mutual aid].
(a) Responsibility for direction and coordination.--
Direction of disaster emergency management services is the
responsibility of the lowest level of government affected. When
two or more political subdivisions within a county are affected,
the county organization shall exercise responsibility for
coordination and support to the area of operations. When two or
more counties are involved, coordination shall be provided by
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the agency or by area organizations established by the agency.
(b) Assistance from higher government unit.--When all
appropriate locally available forces and resources are fully
committed by the affected political subdivision, assistance from
a higher level of government shall be provided. Regional task
forces may assist in the coordination efforts and provision of
resources.
[(c) Municipal mutual aid agreements.--County and local
coordinators of emergency management shall develop mutual aid
agreements with adjacent political subdivisions for reciprocal
emergency assistance. The agreements shall be consistent with
the plans and programs of the agency. In disaster emergencies,
requests for mutual aid assistance shall be referred to the
organization having responsibility for coordination as specified
in subsection (a) and in time of emergency it shall be the duty
of each local organization to render assistance in accordance
with the provisions of the mutual aid agreements.
(d) Interstate mutual aid arrangements.--The coordinator of
each local organization may, subject to approval of the
Governor, enter into mutual aid arrangements with similar
agencies or organizations in other states for reciprocal
disaster emergency services.
(e) Ratification of agreements.--Mutual aid agreements shall
be ratified by the governing bodies of the political
subdivisions involved.
(f) Control of outside support forces.--Support forces
furnished political subdivisions from outside its jurisdiction
shall be under the operational control of the department, agency
or office furnishing the force.]
§ 7511. Appropriations by political subdivisions.
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(a) [General rule.--Every political subdivision shall have
the power to] Power.--
(1) A political subdivision may make appropriations for
the payment of expenses [of the local organization] for
preparedness and emergency management activities in the
manner provided by law for making appropriations for the
ordinary expenses of the political subdivision.
(2) In making appropriations, the political subdivision
shall specify the amounts and purposes for which the moneys
appropriated may be used [by the organization to or for which
such appropriation may be made].
(b) Two or more local [organizations] emergency management
programs or county emergency management programs.--
(1) Nothing in this subchapter or any other provision of
this part shall be deemed to limit the power of any political
subdivision to appropriate money for the purpose of paying
the expenses of a local [organization] emergency management
program or a county emergency management program having
jurisdiction both within and without the political
subdivision even though an appropriation has been or is to be
made to another local [organization] emergency management
program or another county emergency management program
coterminous with or having jurisdiction within the political
subdivision.
(2) Payments on account of an appropriation under this
subsection shall be made pursuant to an agreement under
section 7513 (relating to agreements among political
subdivisions) or in the form of a gift or grant to the
political subdivision responsible in the first instance for
the payment of bills and claims against the local
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[organization] emergency management program or the county
emergency management program, as the case may be, for the
payment of the expenses for which the appropriation was made.
§ 7512. Law applicable to local [organizations] emergency
management programs and county emergency management
programs.
[(a) General rule.--]Where the jurisdiction of the local
[organization] emergency management program or the county
emergency management program is coterminous with the political
subdivision making an appropriation for the payment of the
expenses, the local [organization] emergency management program
or the county emergency management program, as the case may be,
shall be deemed an agency, board or commission of the political
subdivision, subject to all of the laws governing the making of
contracts or purchases, the employment of persons or otherwise
incurring financial obligations which apply to the political
subdivision.
[(b) Second class townships.--No purchase or purchases shall
be made, no contract entered into and no expenses incurred by
any local organization which involves the payment of more than
$25 out of the treasury of any second class township unless the
proposed expenditure has been approved in writing by the
township supervisors. If any purchase or contract is made or
other expenses incurred contrary to the provisions of this
subsection, the township shall not be responsible for the
payment thereof but the person acting for the local organization
in the transaction shall be personally liable for the payment.]
§ 7513. Agreements among political subdivisions.
(a) [General rule.--] Duty to enter into agreements.--
(1) Where a local [organization] emergency management
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program or a county emergency management program has
jurisdiction in an area including all or parts of more than
one political subdivision which does not include the whole
area of any county, the political subdivisions, all or part
of which lie within the jurisdiction of the [organization]
local emergency management program or the county emergency
management program, as the case may be, shall, before paying
any expenses of the [organization] local emergency management
program or the county emergency management program, enter
into an agreement designating one of the political
subdivisions as the agent of each of them for the purpose of
paying the expenses of the local [organization.] emergency
management program or the county emergency management
program .
(2) The agreement shall [also set forth]:
(i) Specify the proportionate share of the expenses
of the [organization] local emergency management program
or the county emergency management program, as the case
may be, to be paid by each political subdivision party to
the agreement and an estimate of the amount required to
be appropriated by each of them for the purpose of paying
the expenses. [The agreement shall be effective]
(ii) Take effect when approved by [the corporate
authorities of each of the political subdivisions by a
majority vote and each of the subdivisions shall
thereupon] official action of the governing body of each
of the political subdivisions and each of the political
subdivisions shall then make an appropriation pursuant to
section 7511 (relating to appropriations by political
subdivisions) sufficient to pay its share of the expenses
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of the [organization] local emergency management program
or the county emergency management program, as the case
may be.
(b) Counties.--Where the local [organization] emergency
management program or the county emergency management program
has jurisdiction in an area including the whole area of one or
more counties which is not coterminous with any one county,
before paying any expenses of the [organization] local emergency
management program or the county emergency management program,
as the case may be, the counties, all or part of which lie
within the jurisdiction of the [organization] local emergency
management program or the county emergency management program,
shall enter into an agreement in the manner and form provided in
subsection (a) and with like effect, and no other political
subdivision lying within the jurisdiction of the [organization]
local emergency management program or the county emergency
management program, as the case may be, shall be a party to the
agreement.
§ 7514. Payments involving one political subdivision.
(a) [General rule.--] Warrant or order required.--
(1) All bills or claims to be paid from any
appropriation made by a political subdivision coterminous
with the local [organization] emergency management program or
the county emergency management program, after first being
approved by the local [organization] emergency management
program or the county emergency management program or an
appropriate officer thereof designated for that purpose,
shall be paid from the treasury of the political subdivision
only upon the warrant or order of the officer or officers of
the political subdivision designated by law to approve or
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countersign warrants or orders for the payment of the
ordinary expenses of the political subdivision, and shall be
subject to audit in the same manner as other financial
transactions of the political subdivision.
(2) In each case, the officer or officers shall have the
same power to approve or disapprove as they have in case of
warrants for ordinary expenses of the political subdivision,
and no warrant or order for the payment thereof shall be
issued without the approval.
(b) Gift or grant of money.--Any gift or grant of money made
to the local [organization] emergency management program or the
county emergency management program or to the political
subdivision for the payment of expenses incurred or to be
incurred by or for the [organization] local emergency management
program or the county emergency management program, as the case
may be, shall be deposited in the treasury of the political
subdivision and shall be appropriated by the political
subdivision for the purpose for which the gift or grant was
made, and any bills or claims to be paid from the gift or grant
shall be paid in the manner provided in this subchapter for the
payment of other bills and claims against the political
subdivision.
§ 7515. Payments involving two or more political subdivisions.
(a) General rule.--Where two or more political subdivisions
have entered into an agreement as provided by section 7513
(relating to agreements among political subdivisions), all bills
and claims for expenses incurred by or for the local
[organization] emergency management program or the county
emergency management program shall thereafter be paid in the
first instance by the political subdivision named as agent in
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the agreement in the manner provided in section 7514 (relating
to payments involving one political subdivision) as though the
[organization] local emergency management program or the county
emergency management program, as the case may be, were
coterminous with the political subdivision[, and the
organization]. The local emergency management program or the
county emergency management program, as the case may be, shall
be subject to all of the laws governing the making of contracts
or purchases, the employment of persons or otherwise incurring
financial obligations which apply to the political subdivision.
(b) Accounting by agent.--The political subdivision
designated as agent shall, not later than the fifteenth day of
each month, submit an itemized account of the expenses of the
[organization] local emergency management program or the county
emergency management program paid by it during the preceding
calendar month to each of the other political subdivisions party
to the agreement, together with a request for reimbursement of
the proportionate share of expenses agreed to be paid by each of
the other political subdivisions.
(c) Reimbursement of agent.--
(1) Each political subdivision requested to make
reimbursement shall do so within 30 days after the request
from the appropriation made for the payment of the expenses
of the [organization and, in] local emergency management
program or the county emergency management program. In the
event [of failure] the political subdivision fails to do so,
mandamus shall lie to compel the officers of the political
subdivision to pay the agreed-upon proportionate share of the
proper expenses of the [organization] local emergency
management program or the county emergency management program
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out of the first moneys thereafter in the treasury of the
political subdivision and not previously pledged to any other
purpose.
(2) No political subdivision may be compelled to pay for
any one year an amount greater than the amount estimated in
the agreement as its proportionate share.
(3) Any payment made by any political subdivision to the
political subdivision named as agent in the agreement for
reimbursement for the payment of the expenses of the
[organization] local emergency management program or the
county emergency management program shall be credited by the
agent political subdivision to the appropriation made by it
for the payment of the expenses of the [organization] local
emergency management program or the county emergency
management program and shall be available for the payment of
future expenses of the [organization] local emergency
management program or the county emergency management
program, as the case may be, without further appropriation or
action by the agent political subdivision.
(d) Gift or grant of money.--
(1) Any gift or grant of money made to or for the local
[organization] emergency management program or the county
emergency management program, if made to a political
subdivision, shall be deposited in its treasury and be
appropriated by it for the purpose for which the gift or
grant was made and the political subdivision shall notify the
political subdivision named as agent in the agreement of the
appropriation and the purpose for which it is available.
(2) If the gift or grant of money is made to the
[organization] local emergency management program or the
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county emergency management program, it shall be deposited in
the treasury of the political subdivision named as agent in
the agreement and shall be appropriated by the political
subdivision for the purpose for which the gift or grant was
made.
(3) Any expenditure made by the agent political
subdivision from any gift or grant deposited in its treasury
or reimbursed from any gift or grant deposited in the
treasury of any other political subdivision shall not be
included in computing the reimbursement requested from any
other political subdivision under the agreement.
Section 6. Chapter 75 of Title 35 is amended by adding a
subchapter to read:
SUBCHAPTER C
REGIONAL ALL-HAZARDS PREPAREDNESS
AND EMERGENCY MANAGEMENT
Sec.
7521. Regional task forces.
7522. Specialized regional response teams.
7523. (Reserved).
7524. Specialized Statewide response teams.
7525. Grant program.
7526. Workers' compensation premiums.
§ 7521. Regional task forces.
(a) Establishment.--The agency, in coordination with
Commonwealth agencies as designated by the Governor, county and
local emergency management programs, health, law enforcement,
public safety and volunteer organizations and other officials
and representatives from dedicated emergency response
organizations, private business and industry, institutions of
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higher education, hospitals and medical care facilities and
other entities responsible for the health, safety and welfare of
the residents of this Commonwealth shall establish regional task
forces throughout this Commonwealth.
(b) Organization.--
(1) Each regional task force shall be a cooperative
effort among the counties within the designated region. Each
regional task force shall be governed by an executive board
comprised of the county coordinator from each county or other
county official appointed by the county within the task force
region, and one member from each of the following emergency
management communities: health, law enforcement, fire and
emergency medical services (EMS), to be chosen in a manner
determined by the regional task force.
(2) Each regional task force shall designate for
purposes of contract and grant administration, by majority
vote of the executive board as a:
(i) designated county model;
(ii) distributed funds model; or
(iii) regional county model.
(3) The following apply for a designated county model:
(i) Notwithstanding any provision in 53 Pa.C.S. Ch.
23 (relating to general provisions), the member counties
may organize their regional task force as a council of
governments under 53 Pa.C.S. Ch. 23 Subch. A (relating to
intergovernmental cooperation). In lieu of establishing a
council of governments, the governing bodies of member
counties must enter into an intergovernmental cooperation
agreement to carry out this subsection.
(ii) The regional task force executive board shall
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designate one of its member counties as its agent
responsible for entering into contracts and grant
agreements, and administering any funds, grants or
expenses of the regional task force. The regional task
force shall be subject to all of the laws governing the
making of contracts or purchases, the employment of
persons or otherwise incurring financial obligations,
which apply to the designated member county.
(iii) Either a joint resolution establishing a
council of governments or an intergovernmental
cooperation agreement fully executed by the governing
bodies of member counties must be received by the agency
prior to the release of contract or grant funds to the
designated agent member county.
(4) The following apply for a distributed funds model:
(i) The agency shall enter into contracts and grant
agreements with each of the member counties
individually. Each task force member county is
responsible for administering funds, grants or expenses
incurred. Each individual member county shall be
responsible for the laws governing the making of
contracts or purchases, the employment of persons or
otherwise incurring financial obligation individual to
the county.
(ii) Notwithstanding any provision in 53 Pa.C.S. Ch.
23, the member counties may organize their regional task
force as a council of governments under 53 Pa.C.S. Ch. 23
Subch. A.
(5) The following apply for a regional county model:
(i) The agency shall enter into cooperative
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contracts and grant agreements with the regional task
force. Each regional task force member county will be
represented in a cooperative contract or grant agreement
and responsible for executing the contract or grant
agreement on behalf of the member county it represents in
the region.
(ii) The agency will distribute funds to one
regional task force member county or to each regional
task force county as outlined in a cooperative contract
or grant agreement, as required.
(iii) Each county will be responsible for regional
task force expenditure of grant funds and purchases that
are maintained, delivered or reside in the respective
regional task force county.
(iv) An intergovernmental cooperation agreement
fully executed by the governing bodies of the regional
task force member counties must be received by the agency
prior to the release of contract or grant funds to one
regional task force member county rather than to each
regional task force member county individually.
(c) Agency authority.--The agency has the authority to enter
into contract and grant agreements with qualified entities other
than single or multiple entity contract and grant administrators
to the extent permitted by Federal law, regulations and
guidance.
(d) Plans.--All regional task forces, regardless of
designation, shall coordinate and develop a regional plan that
addresses regional, State and national priorities and national
preparedness goals and that encompasses the comprising counties
in accordance with subsection (e) and guidelines developed by
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the agency. The agency shall review and accept each plan in a
timely manner, but no later than 90 days after receipt of the
plan by the agency. The task force shall review and update the
plan triennially and submit it to the agency for review.
(e) Duties of regional task forces.--The duties of all
regional task forces, regardless of designation, shall include
the following:
(1) To develop and maintain a regional plan based on
regional, State and national priorities and national
preparedness goals.
(2) To comply with Federal and State requirements
regarding National Incident Management System training and
certification, emergency response equipment typing and
emergency responder credentialing.
(3) To achieve capability targets under the National
Preparedness System.
(4) To organize, at a minimum, working groups from the
following emergency management communities:
(i) Health services.
(ii) Law enforcement.
(iii) Fire protection.
(iv) Emergency medical services.
(5) To develop, maintain and manage an inventory of
regional emergency response resources, including emergency
response vehicles, specialized equipment and certified or
credentialed personnel, that can be deployed within the
region served by the task force or elsewhere in response to
events that threaten life, property, the environment or the
economy and provide an inventory of the resources on a
schedule and in a manner prescribed by the agency.
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(6) To maintain a multiyear training and exercise plan
and attend training and related sessions as directed or
conducted by the agency.
(7) To participate in and conduct exercises as required
by the agency and the Federal Government.
(8) To participate in and conduct capabilities-based
planning activities and assessments.
(9) To maintain interoperable and compatible emergency
communication systems in support of Statewide communications
systems.
(10) To comply with agency guidelines, standards and
directives and homeland security Federal grant guidelines.
(f) Activation and deployment.--A regional task force or a
subset of the regional task force may be activated and deployed
by the Governor or the designee of the Governor, or an official
designated by the executive board of the regional task force
that established it. During an activation and deployment, the
administrative and operational costs of the regional task force
or a subset of the regional task force, its individual members
and their employers, Commonwealth agencies and other parties
shall be negotiated and paid by the entity that activated and
deployed the regional task force or the subset of the regional
task force.
§ 7522. Specialized regional response teams.
(a) Establishment.--A regional task force may establish one
or more specialized regional response teams.
(b) Organization.--
(1) Specialized regional response teams shall be
organized in accordance with guidelines approved by the
regional task force executive board and the agency.
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(2) The regional task force must enter into a written
agreement with each specialized regional response team that
it establishes.
(3) In addition to other terms, the written agreement
shall stipulate the scope of authority, employed or volunteer
status of team members and which member county of the
regional task force is the responsible agent for
administering funds, grants or expenses of the specialized
regional response team to the extent eligible.
(4) In order to receive funds or grants directly, a
specialized regional response team must meet the requirements
of section 7521(b)(2) (relating to regional task forces).
(5) A specialized regional response team shall be
subject to the laws governing the making of contracts or
purchases, the employment of persons or otherwise incurring
financial obligations.
(c) Activation and deployment.--A specialized regional
response team may be activated and deployed by the Governor or
the designee of the Governor or an official designated by the
executive board of the regional task force that established the
specialized regional response team. During an activation and
deployment, the administrative and operational costs of the
specialized regional response team, its individual members and
their employers, Commonwealth agencies and other parties shall
be negotiated and paid by the entity that activated and deployed
the specialized regional response team.
§ 7523. (Reserved).
§ 7524. Specialized Statewide response teams.
(a) Establishment.--The agency may establish and designate
specialized Statewide response teams throughout this
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Commonwealth.
(b) Organization and responsibilities.--Specialized
Statewide response teams shall be organized in accordance with
guidelines developed by the agency in consultation with
applicable Federal or Commonwealth agencies. The response teams
shall provide professional, operational, logistical, material
and other forms of emergency or technical services and support.
(c) Activation.--Specialized Statewide response teams may
only be activated and deployed by the Governor, the designee of
the Governor or an official designated by the Federal Emergency
Management Agency. During an activation and deployment, the
administrative and operational costs of the specialized
Statewide response team, its individual members and their
employers, Commonwealth agencies and other parties shall be
negotiated and paid by the entity that activated and deployed
the specialized Statewide response team.
(d) Funding, grants and donation.--In addition to funds that
are provided under section 7525 (relating to grant program),
specialized Statewide response teams, as designated by the
agency, may be eligible to receive grants, donations of
equipment and supplies and other funds from any source. As an
agent of the Commonwealth, a specialized Statewide response team
is entitled to tax-exempt status from the Federal Government.
§ 7525. Grant program.
(a) Authorization.--The agency may award grants to regional
task forces, specialized regional response teams, specialized
Statewide response teams and urban search and rescue task forces
to the extent they are organized pursuant to section 7521(c)
(relating to regional task forces). In the alternative, the
agency may award individual grants to the member political
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subdivisions that comprise these entities.
(b) Grants and funding.--Regional task forces, specialized
regional response teams and specialized Statewide response teams
may receive grants and funding from the Federal Government and
the Commonwealth through application to the agency or any other
entity providing grants or funding for the purposes of this part
to the extent they are organized pursuant to section 7521(c). In
the alternative, the agency may award individual grants to the
member political subdivisions that comprise these entities.
(c) Limitation.--Grants shall only be made by the agency to
the extent that funding is available.
§ 7526. Workers' compensation premiums.
Nothing in this part shall be construed to permit an insurer
to raise workers' compensation premiums due to the participation
or membership of a county, municipality, emergency services
organization, individual or employer on a task force or response
team described in this part.
Section 7. Section 7604(a) of Title 35 is amended to read:
§ 7604. Budgetary considerations.
(a) Expenditures.--In addition to the funds which the
Governor is authorized to transfer for disasters in accordance
with 35 Pa.C.S. § 7307 (relating to use and appropriation of
unused Commonwealth funds), the Governor may transfer any other
appropriated but unused funds in an amount of not more than
[$15,000,000] $25,000,000 in any fiscal year which may have been
appropriated for the ordinary expenses of the Commonwealth
government from the General Fund to be utilized for the purposes
set forth in 35 Pa.C.S. § 7601 (relating to compact enacted).
The Secretary of the Budget shall, within five days of a
transfer of funds authorized under this section, notify the
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chairman and minority chairman of the Appropriations Committee
of the Senate and the chairman and minority chairman of the
Appropriations Committee of the House of Representatives of such
transfer. Such notification shall identify the amount
transferred, the appropriation from which funds were
transferred, the appropriation to which the funds were
transferred and the justification for such transfer. The
Secretary of the Budget shall provide a full accounting to the
chairman and minority chairman of the Appropriations Committee
of the Senate and the chairman and minority chairman of the
Appropriations Committee of the House of Representatives after
the close of each fiscal year concerning funds transferred
pursuant to the provisions of this section.
* * *
Section 8. Title 35 is amended by adding a section to read:
§ 7605. Protections.
An individual who is not an employee of the Commonwealth and
is deployed by the Governor or a designee under section 7601
(relating to compact enacted) shall be considered an employee of
the Commonwealth for the purposes of Articles VI and VIII of
section 7601 for the period of deployment. Administrative and
operational costs related to the deployment shall be negotiated
and paid by the entity that activated and deployed the
individual.
Section 9. Sections 7701, 7702, 7703 and 7704 of Title 35
are amended to read:
§ 7701. Duties concerning disaster [prevention] preparedness
and emergency management.
(a) Governor.--In addition to disaster prevention measures
included in the Commonwealth and local plans, the Governor shall
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consider on a continuing basis steps that could be taken to
prevent or reduce the harmful consequences of disasters. The
Governor, from time to time, shall make recommendations to the
General Assembly, political subdivisions and other appropriate
public and private entities as may facilitate measures for
prevention or reduction of the harmful consequences of
disasters.
(b) Department of Environmental [Resources] Protection.--The
Department of Environmental [Resources] Protection, in
conjunction with the [Pennsylvania Emergency Management Agency,]
Department of Community and Economic Development, the Department
of Transportation and the agency, shall keep land uses, flood
plain designations and construction of structures and other
facilities under continuing study and identify areas which are
particularly susceptible to severe land shifting, subsidence,
flood or other catastrophic occurrence. The studies under this
subsection shall concentrate on means of reducing or avoiding
the dangers caused by this occurrence or the consequences
thereof.
(c) Other Commonwealth agencies.--At the direction of the
Governor, and pursuant to any other authority and competence
they have, Commonwealth agencies, including, but not limited to,
those charged with economic recovery responsibilities in
connection with floodplain management, stream encroachment and
flow regulation, weather modification, fire prevention and
control, air quality, public works, land use and land-use
planning, construction standards, public utilities and energy,
shall make studies of disaster prevention-related matters.
(d) Schools.--[Public-funded universities, colleges,]
Institutions of higher education and elementary and secondary
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schools that receive public funds shall be made available to
[local] municipal, county, regional and [State] Commonwealth
officials for emergency planning and exercise purposes and
actual [service as mass-care facilities in the event of an
emergency evacuation] emergency services.
(e) Vehicles.--School bus and transportation vehicles owned,
contracted for or leased by [universities, colleges]
institutions of higher education and school districts that
receive public funds shall be made available to local, county,
regional and [State] Commonwealth officials for emergency
planning and exercise purposes and actual [service in the event
of an emergency evacuation] emergency services.
(f) Disaster response and emergency preparedness [drills]
exercises.--[Annually, schools and custodial child care
facilities shall conduct at least one disaster response or
emergency preparedness plan drill.] Every emergency action plan
developed under subsection (g) shall provide for the conduct of
at least one disaster exercise annually as specified by the
agency. The disaster exercise shall be coordinated with the
appropriate emergency management program.
(g) Plans.--[Every school district and custodial child care
facility, in cooperation with the local Emergency Management
Agency and the Pennsylvania Emergency Management Agency, shall
develop and implement a comprehensive disaster response and
emergency preparedness plan consistent with the guidelines
developed by the Pennsylvania Emergency Management Agency and
other pertinent State requirements. The plan shall be reviewed
annually and modified as necessary. A copy of the plan shall be
provided to the county emergency management agency.] Every
dependent care facility, including, but not limited to,
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elementary and secondary schools, shall develop and be prepared
to implement an all-hazards emergency action plan in accordance
with standards established by the agency. The plan shall be
coordinated with the appropriate county emergency management
program, local emergency management program and dedicated
emergency response organizations.
(h) Large event plans.--
(1) When an event involves the congregation of a large
number of people so that a disaster emergency could
potentially overwhelm the resources of the dedicated
emergency response organizations responsible for the event or
would be likely to respond in the geographic area where the
event is to be held, the sponsoring organization of the event
shall develop an emergency action plan as specified by the
agency.
(2) A copy of the plan shall be provided to the county
and local emergency management program where the event is to
be held at least 30 days before the event.
(i) Sharing of information.--
(1) This subsection applies to any of the following
public entities that possesses or acquires all-hazards
information:
(i) A Commonwealth agency.
(ii) A court or an entity or office of the Unified
Judicial System.
(iii) The General Assembly.
(iv) A political subdivision.
(v) A dedicated emergency response organization.
(2) A public entity enumerated in paragraph (1) shall do
all of the following:
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(i) Promptly share all-hazards information with the
agency and other Commonwealth agencies in accordance with
standards and all-hazards information guidance issued and
the all-hazards information plan developed by the agency
and consistent with the statutory responsibilities of the
agencies providing and receiving the information.
(ii) Cooperate in and facilitate the collection and
validation of the information and the production of
reports based on the information with contents and
formats that permit dissemination that maximizes the
utility of the information in protecting the territory,
residents and interests of this Commonwealth.
(iii) Facilitate implementation of the all-hazards
information plan developed by the agency.
(3) A private entity that becomes aware of all-hazards
information or threats that may impact the health, safety and
welfare of the residents of this Commonwealth shall do all of
the following:
(i) Promptly share the information with the agency
and appropriate law enforcement organizations in
accordance with all-hazards information standards and
guidance issued.
(ii) Cooperate in and facilitate the collection and
validation of the information and the production of
reports based on the information.
(4) Documents , information or other materials received
by the agency or law enforcement organizations under
paragraph (3)(i) shall be subject to section 7716 (relating
to confidentiality) and other Federal or State law protecting
proprietary information or trade secrets and the release or
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use of the information .
§ 7702. Acceptance of services, gifts, grants and loans.
(a) General rule.--Whenever any person or the Federal
Government or any Federal agency or officer offers to the
Commonwealth or, through the Commonwealth, to any political
subdivision or school district, services, equipment, supplies,
materials or funds by way of gift, grant or loan for purposes of
[disaster] emergency services, the Commonwealth, acting through
the Governor, or the political subdivision or school district,
acting with the consent of the Governor and through its chief
elected executive officer or governing body, may accept the
offer and upon acceptance the Governor or chief elected
executive officer or governing body of the political subdivision
or school district may authorize any officer of the Commonwealth
or of the political subdivision or school district, as the case
may be, to receive the services, equipment, supplies, materials
or funds on behalf of the Commonwealth or political subdivision
or school district subject to the terms of the offer and the
rules and regulations, if any, of the agency or person making
the offer.
[(b) Property of Commonwealth.--All equipment, supplies and
materials referred to in subsection (a) shall, when accepted by
the Commonwealth, be treated as the property of the Commonwealth
and shall be subject to the relevant provisions of the act of
April 9, 1929 (P.L.177, No.175), known as "The Administrative
Code of 1929," unless the General Assembly directs otherwise by
statute.]
(c) Indemnification.--
(1) Except as set forth under paragraph (2), the
Commonwealth may indemnify or hold harmless and save the
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United States free from damages arising from a response to
the Commonwealth's request for direct Federal assistance
pursuant to the Stafford Act.
(2) Paragraph (1) does not apply to claims that are the
result of gross negligence, wanton or reckless acts or
intentional misconduct.
(3) The General Assembly, under 1 Pa.C.S. § 2310
(relating to sovereign immunity reaffirmed; specific waiver),
waives sovereign immunity as a bar to a claim against a
Commonwealth agency brought by the United States under
paragraph (1) only to the extent provided under this
subsection.
§ 7703. Interstate arrangements.
(a) General rule.--Upon finding that a vulnerable area lies
only partly within this Commonwealth and includes territory in
another state or states or territory in a foreign jurisdiction
and that it would be desirable to establish an interstate
relationship, mutual aid or an area organization for disaster
emergency services, the Governor shall take steps to that end as
desirable.
(b) Negotiation and status of agreements.--If this action is
taken with jurisdictions that have enacted the Interstate Civil
Defense and Disaster Compact or the Emergency Management
Assistance Compact, any resulting agreement or agreements may be
considered supplemental agreements pursuant to [Article 6 of
that compact] those compacts. If the other jurisdiction or
jurisdictions with which the Governor proposes to cooperate
pursuant to subsection (a) have not enacted [that] the relevant
compact, the Governor may negotiate special agreements with the
jurisdiction or jurisdictions.
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(c) Legislative approval of agreements.--Any agreement, if
sufficient authority for the making thereof does not otherwise
exist, becomes effective only after its text has been
communicated to the General Assembly and provided that neither
House of the General Assembly has disapproved it by adjournment
of the next ensuing session competent to consider it or within
30 days of its submission, whichever is longer.
§ 7704. Immunity from civil liability.
(a) General rule.--Neither the Commonwealth, nor any
Commonwealth agency, nor any political subdivision [thereof nor
other agencies] nor, except in cases of willful misconduct,
gross negligence, recklessness or bad faith, the agents,
employees, volunteers or representatives of any of them engaged
in any emergency services activities, nor, except in cases of
willful misconduct [or], gross negligence, recklessness or bad
faith, any individual or other person under contract with them
to provide equipment or work on a cost basis to be used in
disaster relief, nor, except in cases of willful misconduct
[or], gross negligence, recklessness or bad faith, any person,
firm, corporation or an agent or employee of any of them engaged
in [disaster] emergency services activities, while complying
with or attempting to comply with this part or any rule or
regulation promulgated pursuant to the provisions of this part,
shall be liable for the death of or any injury to persons or
loss or damage to property as a result of that activity.
(b) Real estate owners.--Any person[, organization] or
authority owning or controlling real estate or other premises,
who voluntarily and without compensation[,] grants a license or
privilege or otherwise permits the designation or use of the
whole or any part or parts of the real estate or premises for
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any emergency services purpose, shall, together with his
successors in interest, if any, not be civilly liable for
[negligently] causing the death of or injury to or loss or
damage to the property of any person who is upon the real estate
or other premises for that purpose.
[(c) Other benefits unaffected.--This section does not
affect the right of any person to receive benefits to which he
would otherwise be entitled under this part or under the
workmen's compensation laws or under any pension law, nor the
right of any person to receive any benefits or compensation
under any Federal law.]
(d) Effect on other immunities.--The immunity provided in
this section does not supersede and is in addition to other
immunities provided by law.
Section 10. Title 35 is amended by adding a section to read:
§ 7704.1. Other benefits unaffected.
Participation in this part by an individual does not affect
the right of that individual to receive benefits to which the
individual would otherwise be entitled under this part or under
the act of June 2, 1915 (P.L.736, No.338), known as the Workers'
Compensation Act, or under any pension law, nor the right of any
person to receive any benefits or compensation under any Federal
law.
Section 11. Sections 7705, 7706 and 7707 of Title 35 are
amended to read:
§ 7705. Special powers of [local agencies] political
subdivisions.
(a) Roadway clearance.--Whenever the Governor shall have
proclaimed a disaster emergency under section 7301(c) (relating
to [declaration of disaster emergency)] general authority of
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Governor), officials of any political subdivision included in
the disaster emergency shall have the authority to clear such
roadways as are necessary for the health, safety and welfare of
residents, even though such roadways are not officially the
responsibility of such political subdivision. The political
subdivision may be reimbursed for the cost of such clearing as
provided in subsection (c).
(b) Water systems.--Whenever the Governor shall have
proclaimed a disaster emergency under section 7301(c) and in the
event that a water system owned or operated by a political
subdivision or municipal authority is damaged, destroyed or made
inoperable as a direct result of such disaster emergency, the
political subdivision or municipal authority shall have the
authority to lease or hire such personnel and equipment as may
be needed to effect restoration of such water system. The
political subdivision or municipal authority may be reimbursed
for the cost of such restoration as provided in [subsection
(c).] section 7301.
(d) Limitations.--Reimbursements pursuant to [subsection
(c)] section 7301 shall not be made to the extent that the
Commonwealth, a political subdivision or a municipal authority
may be eligible for assistance from the Federal Government.
§ 7706. [Compensation for accidental injury] Workers'
compensation.
(a) Benefits.--[All duly enrolled emergency management
volunteers, and such other volunteers as the agency shall by
regulation qualify, who are not eligible to receive benefits
under the Workmen's Compensation Laws shall be entitled, except
during a state of war or period of armed conflict within the
continental limits of the United States, to the following
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benefits relating to injuries sustained while actually engaged
in emergency management activities and services or in or en
route to and from emergency management tests, drills, exercises
or operations authorized by the Pennsylvania Emergency
Management Agency and carried out in accordance with rules and
orders promulgated and adopted by the agency:
(1) A sum of $20,000 for accidental injury directly
causing or leading to death.
(2) A sum not exceeding $15,000 for reimbursement for
medical and hospital expenses associated with accidental
injury.
(3) Weekly payments of $200, not to exceed six months in
duration, beginning on the eighth day of disability directly
arising from accidental injury rendering the individual
totally incapable of following his normal gainful pursuits.]
Volunteers of the agency, a regional task force, specialized
Statewide response teams, specialized regional response teams,
the Commonwealth emergency management program, a county
emergency management program or a local emergency management
program are deemed to be employees of the Commonwealth or of the
county or municipality by whose program they are deployed for
purposes of the act of June 2, 1915 (P.L.736, No.338), known as
the Workers' Compensation Act, when engaging in or performing
the following activities:
(1) Deployment by the applicable emergency management
official and participation in emergency services activities.
(2) Going to or returning from an emergency or disaster
emergency to which the program members have been deployed.
(3) Required training, exercise or related official
functions designated and authorized by the applicable
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emergency management official.
(b) [Source of funds.--All benefits hereby authorized shall
be paid out of funds appropriated to the agency. Payments shall
be made on the basis of claims submitted to the agency through
the Department of Labor and Industry in accordance with rules
and orders promulgated and adopted by the agency.]
Computation.--For purposes of computing a volunteer's wage
compensation under the Workers' Compensation Act, there shall be
an irrebuttable presumption that the wages shall be at least
equal to the Statewide average weekly wage.
(c) Applicability.--The provisions of this section shall not
apply to the extent that the volunteer is otherwise covered for
workers' compensation purposes under an existing policy,
agreement, contract or law, nor shall this section apply to an
individual who self-deploys or has not been authorized to
respond in accordance with subsection (a).
(d) Construction.--The provisions of this section shall not
supersede Chapter 76 (relating to emergency management
assistance compact).
§ 7707. Penalties.
(a) General rule.--The chief elected executive officer of a
political subdivision may order or direct only the resources
within the officer's given authority. Any person [violating any
of the plans and programs adopted and promulgated by the
Pennsylvania Emergency Management Council shall, upon conviction
thereof in a summary proceeding, be sentenced] subject to the
authority of:
(1) the Governor or his designee who fails to comply
with an order or direction from the Governor or a designee of
the Governor;
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(2) a chief elected executive officer who fails to
comply with an order or direction from the chief elected
executive officer;
(3) the agency who fails to comply with an order or
direction from the agency; or
(4) a county or local emergency management program in
compliance with this part who fails to comply with an order
or direction from that county or local emergency program
commits a violation of this part.
(a.1) Penalty.--A violation of this section shall constitute
a summary offense and the person convicted of the violation
shall be sentenced:
(1) to pay a fine not exceeding [$200] $500 or to
imprisonment not exceeding 30 days, or both, for the first
offense[,]; and
(2) to pay a fine not exceeding [$500] $1,000 or
imprisonment not exceeding 90 days, or both, for each
subsequent offense.
(b) Loss of funds.--[Those political subdivisions in
violation of section 7501 (relating to general authority of
political subdivisions), section 7502 (relating to local
coordinator of emergency management), section 7503 (relating to
powers and duties of political subdivisions) or section 7504
(relating to coordination, assistance and mutual aid) shall, at
the direction of the council, be subject to loss of Federal
personnel and administrative funding for the remainder of the
fiscal year in which conviction is established. Reinstatement of
Federal personnel and administrative funding shall take place
the year following approval of remedial action to the
violation.] A grantee who fails to comply with a provision of
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this part may, at the agency's discretion, be subject to the
loss of grant funding administered by the agency.
Section 12. Title 35 is amended by adding sections to read:
§ 7715. Authority of Federal law enforcement officers.
(a) Authorization.--A Federal law enforcement officer whose
assistance has been requested under section 7301(f)(9) (relating
to general authority of Governor) and is working in cooperation
with State and local law enforcement officers during a disaster
emergency declared by the Governor under section 7301(c) shall
be empowered to act as a peace officer for the arrest, with or
without a warrant, of offenders against the laws of this
Commonwealth if the officer believes that a felony or
misdemeanor has been or is about to be committed or attempted in
the officer's presence.
(b) Operational control.--Federal law enforcement officers
working in cooperation with State and local law enforcement
officers during a disaster emergency declared by the Governor
shall come under the operational control of the Pennsylvania
State Police or as otherwise directed by the Governor.
(c) Liability.--A Federal law enforcement officer operating
under this section shall have the same immunities from liability
as any agent or employee of the Commonwealth under 42 Pa.C.S.
Ch. 85 (relating to matters affecting government units).
§ 7716. Confidentiality.
(a) Right-to-Know Law exemption.--The following shall be
exempt from access under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law:
(1) Information in a form relating to preparedness and
emergency management activities of the Commonwealth or a
political subdivision, school district or council of
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governments that if disclosed would be reasonably likely to
jeopardize or threaten public safety or preparedness or
public protection activity.
(2) Information in a form received by the agency or a
law enforcement organization under section 7701(i) (relating
to duties concerning disaster preparedness and emergency
management).
(3) Other information in a form produced, compiled or
maintained under this part and not otherwise exempt from
access under this section or the Right-to-Know Law, the
disclosure of which could, in the determination of the
director, or designee, endanger the life or physical safety
of an individual or the physical safety of property in this
Commonwealth.
(b) Open meetings exception.--Meetings of the council, a
county emergency management program, a local emergency
management program or a task force or response team organized in
accordance with this part, relating to preparedness and
emergency management, shall not be subject to the provisions of
65 Pa.C.S. Ch. 7 (relating to open meetings).
§ 7717. Adverse interests.
A Commonwealth or local emergency management official or
employee may serve in a leadership role in a nonprofit entity,
notwithstanding the act of July 19, 1957 (P.L.1017, No.451),
known as the State Adverse Interest Act, as long as the official
or employee when acting in a Commonwealth or local government
capacity recuses himself from official duties or decisions that
pertain to the nonprofit entity.
Section 13. Repeals are as follows:
(1) The General Assembly declares that the repeals under
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paragraphs (2) and (3) are necessary to effectuate this act.
(2) The act of December 16, 2002 (P.L.1967, No.227),
known as the Counterterrorism Planning, Preparedness and
Response Act, is repealed.
(3) Section 1508 of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code, is repealed.
Section 14. This act shall take effect immediately.
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