PRIOR PRINTER'S NOS. 1306, 1434, 1559 PRINTER'S NO. 1616
No. 1104 Session of 1977
INTRODUCED BY MELLOW, KURY, McKINNEY, SWEENEY, EARLY, ROSS AND HOLL, SEPTEMBER 27, 1977
AS AMENDED ON THIRD CONSIDERATION, FEBRUARY 21, 1978
AN ACT 1 Amending Title 35 (Health and Safety) of the Pennsylvania 2 Consolidated Statutes, adding provisions relating to disaster 3 emergency services and making repeals. 4 TABLE OF CONTENTS 5 TITLE 35 6 HEALTH AND SAFETY 7 PART V. DISASTER EMERGENCY SERVICES 8 Chapter 71. General Provisions 9 Subchapter A. Preliminary Provisions 10 § 7101. Short title of part. 11 § 7102. Definitions. 12 § 7103. Purposes of part. 13 § 7104. Limitations. 14 Subchapter B. Interstate Civil Defense and Disaster Compact 15 § 7111. Interstate civil defense and disaster compact enacted. 16 Chapter 73. Commonwealth Services 17 Subchapter A. The Governor and Disaster Emergencies 18 § 7301. General authority of Governor.
1 § 7302. Temporary housing. 2 § 7303. Debris and wreckage removal. 3 § 7304. Community disaster loans. 4 § 7305. Individual and family assistance. 5 § 7306. Appropriation of Federal funds. 6 § 7307. Use and appropriation of unused Commonwealth funds. 7 Subchapter B. Office of Emergency Preparedness 8 § 7311. Establishment. 9 § 7312. Organization. 10 § 7313. Powers and duties. 11 § 7314. Utilization of existing services and facilities. 12 Chapter 75. Local Organizations and Services 13 Subchapter A. General Provisions 14 § 7501. General authority of political subdivisions. 15 § 7502. Local director of emergency preparedness. 16 § 7503. Powers and duties of political subdivisions. 17 § 7504. Coordination, assistance and mutual aid. 18 Subchapter B. Payment of Expenses 19 § 7511. Appropriations by political subdivisions. 20 § 7512. Law applicable to local organizations. 21 § 7513. Agreements among political subdivisions. 22 § 7514. Payments involving one political subdivision. 23 § 7515. Payments involving two or more political subdivisions. 24 Chapter 77. Miscellaneous Provisions 25 § 7701. Duties concerning disaster prevention. 26 § 7702. Acceptance of services, gifts, grants and loans. 27 § 7703. Interstate arrangements. 28 § 7704. Immunity from civil liability. 29 § 7705. Special powers of local agencies. 30 The General Assembly of the Commonwealth of Pennsylvania 19770S1104B1616 - 2 -
1 hereby enacts as follows: 2 Section 1. Title 35, act of November 25, 1970 (P.L.707, 3 No.230), known as the Pennsylvania Consolidated Statutes, is 4 amended by adding a part to read: 5 TITLE 35 6 HEALTH AND SAFETY 7 Part 8 V. Disaster Emergency Services 9 PART V 10 DISASTER EMERGENCY SERVICES 11 Chapter 12 71. General Provisions 13 73. Commonwealth Services 14 75. Local Organizations and Services 15 77. Miscellaneous Provisions 16 CHAPTER 71 17 GENERAL PROVISIONS 18 Subchapter 19 A. Preliminary Provisions 20 B. Interstate Civil Defense and Disaster Compact 21 SUBCHAPTER A 22 PRELIMINARY PROVISIONS 23 Sec. 24 7101. Short title of part. 25 7102. Definitions. 26 7103. Purposes of part. 27 7104. Limitations. 28 § 7101. Short title of part. 29 This part shall be known and may be cited as the "Disaster 30 Emergency Services Code." 19770S1104B1616 - 3 -
1 § 7102. Definitions. 2 The following words and phrases when used in this part shall 3 have, unless the context clearly indicates otherwise, the 4 meanings given to them in this section: 5 "Disaster." A man-made disaster, natural disaster or war- 6 caused disaster. 7 "Emergency services." The preparation for and the carrying 8 out of functions, other than functions for which military forces 9 are primarily responsible, to prevent, minimize and provide 10 emergency repair of injury and damage resulting from disasters, 11 together with all other activities necessary or incidental to 12 the preparation for and carrying out of those functions. The 13 functions include, without limitation, firefighting services, 14 police services, medical and health services, rescue, 15 engineering, disaster warning services, communications, 16 radiological, shelter, chemical and other special weapons 17 defense, evacuation of persons from stricken areas, emergency 18 welfare services, emergency transportation, emergency resources 19 management, existing or properly assigned functions of plant 20 protection, temporary restoration of public utility services and 21 other functions related to civilian protection. 22 "Local organization." A local emergency preparedness 23 organization. 24 "Man-made disaster." Any industrial, nuclear or 25 transportation accident, explosion, conflagration, power 26 failure, natural resource shortage or other condition, except 27 enemy action, resulting from man-made causes, such as oil spills 28 and other injurious environmental contamination, which threatens 29 or causes substantial damage to property, human suffering, 30 hardship or loss of life. 19770S1104B1616 - 4 -
1 "Natural disaster." Any hurricane, tornado, storm, flood, 2 high water, wind-driven water, tidal wave, earthquake, 3 landslide, mudslide, snowstorm, drought, fire, explosion or 4 other catastrophe which results in substantial damage to 5 property, hardship, suffering or possible loss of life. 6 "Office" or "State office." The Office of Emergency 7 Preparedness. 8 "Political subdivision." Any county, city, borough, 9 incorporated town or township. 10 "War-caused disaster." Any condition following an attack 11 upon the United States resulting in substantial damage to 12 property or injury to persons in the United States caused by use 13 of bombs, missiles, shellfire, nuclear, radiological, chemical 14 or biological means, or other weapons or overt paramilitary 15 actions, or other conditions such as sabotage. 16 § 7103. Purposes of part. 17 The purposes of this part are to: 18 (1) Reduce vulnerability of people and communities of 19 this Commonwealth to damage, injury and loss of life and 20 property resulting from disasters. 21 (2) Prepare for prompt and efficient rescue, care and 22 treatment of persons victimized or threatened by disaster. 23 (3) Provide a setting conducive to the rapid and orderly 24 start of restoration and rehabilitation of persons and 25 property affected by disasters. 26 (4) Clarify and strengthen the roles of the Governor, 27 Commonwealth agencies and local government in prevention of, 28 preparation for, response to and recovery from disasters. 29 (5) Authorize and provide for cooperation in disaster 30 prevention, preparedness, response and recovery. 19770S1104B1616 - 5 -
1 (6) Authorize and provide for coordination of activities 2 relating to disaster prevention, preparedness, response and 3 recovery by agencies and officers of this Commonwealth, and 4 similar State-local and Federal-State activities in which the 5 Commonwealth and its political subdivisions participate. 6 (7) Provide a disaster management system embodying all 7 aspects of predisaster preparedness and postdisaster 8 response. 9 (8) Assist in prevention of disaster caused or 10 aggravated by inadequate planning for and regulation of 11 public and private facilities and land use. 12 (9) Supplement, without in any way limiting, authority 13 conferred by previous statutes of this Commonwealth and 14 increase the capability of the Commonwealth and local 15 agencies having responsibilities for civil defense to perform 16 both civil defense and disaster services. 17 § 7104. Limitations. 18 This part is not intended to: 19 (1) Interfere with the course or conduct of a labor 20 dispute, except that actions otherwise authorized by this 21 part or other laws may be taken when necessary to forestall 22 or mitigate imminent or existing danger to public health or 23 safety. 24 (2) Interfere with dissemination of news or comment on 25 public affairs, except that any communications facility or 26 organization (including but not limited to radio and 27 television stations, wire services and newspapers) may be 28 required to transmit or print public service messages 29 furnishing information or instructions in connection with a 30 disaster emergency. 19770S1104B1616 - 6 -
1 (3) Affect the jurisdiction or responsibilities of 2 police forces, firefighting forces, units of the armed forces 3 of the United States or of any personnel thereof when on 4 active duty except that Commonwealth and local disaster 5 emergency plans shall place reliance upon the forces 6 available for performance of functions related to disaster 7 emergencies. 8 (4) Limit, modify or abridge the authority of the 9 Governor to proclaim martial law or exercise any other powers 10 vested in him under the Constitution, statutes or common law 11 of this Commonwealth independent of, or in conjunction with, 12 any provisions of this part. 13 SUBCHAPTER B 14 INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT 15 Sec. 16 7111. Interstate civil defense and disaster compact enacted. 17 § 7111. Interstate civil defense and disaster compact enacted. 18 The Interstate Civil Defense and Disaster Compact is hereby 19 enacted into law and entered into with all jurisdictions legally 20 joining therein in the form substantially as follows: 21 Article 1. The purpose of this compact is to provide mutual 22 aid among the States in meeting any emergency or disaster from 23 enemy attack or other cause (natural or otherwise), including 24 sabotage and subversive acts and direct attacks by bombs, 25 shellfire and atomic, radiological, chemical, bacteriological 26 means and other weapons. The prompt, full and effective 27 utilization of the resources of the respective States, including 28 such resources as may be available from the United States 29 Government or any other source are essential to the safety, care 30 and welfare of the people thereof in the event of enemy action 19770S1104B1616 - 7 -
1 or other emergency, and any other resources, including 2 personnel, equipment or supplies, shall be incorporated into a 3 plan or plans of mutual aid to be developed among the civil 4 defense agencies or similar bodies of the States that are 5 parties hereto. The directors of civil defense of all party 6 States shall constitute a committee to formulate plans and to 7 take all necessary steps for the implementation of this compact. 8 Article 2. It shall be the duty of each party State to 9 formulate civil defense plans and programs for application 10 within such State. There shall be frequent consultation between 11 the representatives of the States and with the United States 12 Government and the free exchange of information and plans, 13 including inventories of any materials and equipment available 14 for civil defense. In carrying out such civil defense plans and 15 programs, the party States shall, so far as possible, provide 16 and follow uniform standards, practices and rules and 17 regulations including: 18 (a) Insignia, arm bands and any other distinctive articles 19 to designate and distinguish the different civil defense 20 services. 21 (b) Blackouts and practice blackouts, air raid drills, 22 mobilization of civil defense forces, and other tests and 23 exercises. 24 (c) Warnings and signals for drills or attacks and the 25 mechanical devices to be used in connection therewith. 26 (d) The effective screening or extinguishing of all lights 27 and lighting devices and appliances. 28 (e) Shutting off water mains, gas mains, electric power 29 connections, and the suspension of all other utility services. 30 (f) All materials or equipment used or to be used for civil 19770S1104B1616 - 8 -
1 defense purposes in order to assure that such materials and 2 equipment will be easily and freely interchangeable when used in 3 or by any other party State. 4 (g) The conduct of civilians and the movement and cessation 5 of movement of pedestrians and vehicular traffic prior, during 6 and subsequent to drills or attacks. 7 (h) The safety of public meetings or gatherings. 8 (i) Mobile support units. 9 Article 3. Any party State requested to render mutual aid 10 shall take such action as is necessary to provide and make 11 available the resources covered by this compact in accordance 12 with the terms hereof: Provided, That it is understood that the 13 State rendering aid may withhold resources to the extent 14 necessary to provide reasonable protection for such State. Each 15 party State shall extend to the civil defense forces of any 16 other party State while operating within its State limits under 17 the terms and conditions of this compact, the same powers 18 (except that of arrest, unless specifically authorized by the 19 receiving State), duties, rights, privileges and immunities as 20 if they were performing their duties in the State in which 21 normally employed or rendering services. Civil defense forces 22 will continue under the command and control of their regular 23 leaders but the organizational units will come under the 24 operational control of the civil defense authorities of the 25 State receiving assistance. 26 Article 4. Whenever any person holds a license, certificate 27 or other permit issued by any State evidencing the meeting of 28 qualifications for professional, mechanical or other skills, 29 such person may render aid involving such skill in any party 30 State to meet an emergency or disaster and such State shall give 19770S1104B1616 - 9 -
1 due recognition to such license, certificate or other permit as 2 if issued in the State in which aid is rendered. 3 Article 5. No party State or its officers or employees 4 rendering aid in another State pursuant to this compact shall be 5 liable on account of any act or omission in good faith on the 6 part of such forces while so engaged or on account of the 7 maintenance or use of any equipment or supplies in connection 8 therewith. 9 Article 6. Inasmuch as it is probable that the pattern and 10 detail of the machinery for mutual aid among two or more States 11 may differ from that appropriate among other States party 12 hereto, this instrument contains elements of a broad base common 13 to all States and nothing herein contained shall preclude any 14 State from entering into supplementary agreements with another 15 State or States. Such supplementary agreements may comprehend 16 but shall not be limited to provisions for evacuation and 17 reception of injured and other persons and the exchange of 18 medical, fire, police, public utility, reconnaissance, welfare, 19 transportation and communications personnel, equipment and 20 supplies. 21 Article 7. Each party State shall provide for the payment of 22 compensation and death benefits to injured members of the civil 23 defense forces of that State and the representatives of deceased 24 members of such forces in case such members sustain injuries or 25 are killed while rendering aid pursuant to this compact in the 26 same manner and on the same terms as if the injury or death were 27 sustained within such State. 28 Article 8. Any party State rendering aid in another State 29 pursuant to this compact shall be reimbursed by the party State 30 receiving such aid for any loss or damage to or expense incurred 19770S1104B1616 - 10 -
1 in the operation of any equipment answering a request for aid 2 and for the cost incurred in connection with such requests: 3 Provided, That any aiding party State may assume in whole or in 4 part such loss, damage, expense or other cost, or may loan such 5 equipment or donate such services to the receiving party State 6 without charge or cost: And, provided further, That any two or 7 more party States may enter into supplementary agreements 8 establishing a different allocation of costs as among those 9 States. The United States Government may relieve the party State 10 receiving aid from any liability and reimburse the party State 11 supplying civil defense forces for the compensation paid to and 12 the transportation, subsistence and maintenance expenses of such 13 forces during the time of the rendition of such aid or 14 assistance outside the State and may also pay fair and 15 reasonable compensation for the use or utilization of the 16 supplies, materials, equipment or facilities so utilized or 17 consumed. 18 Article 9. Plans for the orderly evacuation and reception of 19 the civilian population as the result of an emergency or 20 disaster shall be worked out from time to time between 21 representatives of the party States and the various local civil 22 defense areas thereof. Such plans shall include the manner of 23 transporting such evacuees, the number of evacuees to be 24 received in different areas, the manner in which food, clothing, 25 housing, and medical care will be provided, the registration of 26 the evacuees, the providing of facilities for the notification 27 of relatives or friends and the forwarding of such evacuees to 28 other areas, or the bringing in of additional materials, 29 supplies and all other relevant factors. Such plans shall 30 provide that the party State receiving evacuees shall be 19770S1104B1616 - 11 -
1 reimbursed generally for the out-of-pocket expenses incurred in 2 receiving and caring for such evacuees, for expenditures for 3 transportation, food, clothing, medicines and medical care and 4 like items. Such expenditures shall be reimbursed by the party 5 State of which the evacuees are residents or by the United 6 States Government under plans approved by it. After the 7 termination of the emergency or disaster the party State of 8 which the evacuees are resident shall assume the responsibility 9 for the ultimate support or repatriation of such evacuees. 10 Article 10. This compact shall be available to any State, 11 territory or possession of the United States and the District of 12 Columbia. The term "State" may also include any neighboring 13 foreign country or province or state thereof. 14 Article 11. The committee established pursuant to Article 1 15 of this compact may request the Civil Defense Agency of the 16 United States Government to act as an informational and 17 coordinating body under this compact and representatives of such 18 agency of the United States Government may attend meetings of 19 such committee. 20 Article 12. This compact shall become operative immediately 21 upon its ratification by any State as between it and any other 22 State or States so ratifying, and shall be subject to approval 23 by Congress unless prior Congressional approval has been given. 24 Duly authenticated copies of this compact and of such 25 supplementary agreements as may be entered into shall, at the 26 time of their approval, be deposited with each of the party 27 States and with the Civil Defense Agency and other appropriate 28 agencies of the United States Government. 29 Article 13. This compact shall continue in force and remain 30 binding on each party State until the Legislature or the 19770S1104B1616 - 12 -
1 Governor of such party State takes action to withdraw therefrom. 2 Such action shall not be effective until 30 days after notice 3 thereof has been sent by the Governor of the party State 4 desiring to withdraw to the Governors of all other party States. 5 Article 14. This compact shall be construed to effectuate 6 the purposes stated in Article 1. If any provision of this 7 compact is declared unconstitutional or the applicability 8 thereof to any person or circumstance is held invalid, the 9 constitutionality of the remainder of this compact and the 10 applicability thereof to other persons and circumstances shall 11 not be affected thereby. 12 CHAPTER 73 13 COMMONWEALTH SERVICES 14 Subchapter 15 A. The Governor and Disaster Emergencies 16 B. Office of Emergency Preparedness 17 SUBCHAPTER A 18 THE GOVERNOR AND DISASTER EMERGENCIES 19 Sec. 20 7301. General authority of Governor. 21 7302. Temporary housing. 22 7303. Debris and wreckage removal. 23 7304. Community disaster loans. 24 7305. Individual and family assistance. 25 7306. Appropriation of Federal funds. 26 7307. Use and appropriation of unused Commonwealth funds. 27 § 7301. General authority of Governor. 28 (a) Responsibility to meet disasters.--The Governor is 29 responsible for meeting the dangers to this Commonwealth and 30 people presented by disasters. 19770S1104B1616 - 13 -
1 (b) Executive orders, proclamations and regulations.--Under 2 this part, the Governor may issue, amend and rescind executive 3 orders, proclamations and regulations which shall have the force 4 and effect of law. 5 (c) Declaration of disaster emergency.--A disaster emergency 6 shall be declared by executive order or proclamation of the 7 Governor upon finding that a disaster has occurred or that the 8 occurrence or the threat of a disaster is imminent. The state of 9 disaster emergency shall continue until the Governor finds that 10 the threat or danger has passed or the disaster has been dealt 11 with to the extent that emergency conditions no longer exist and 12 terminates the state of disaster emergency by executive order or 13 proclamation, but no state of disaster emergency may continue 14 for longer than 90 days unless renewed by the Governor. The 15 General Assembly by concurrent resolution may terminate a state 16 of disaster emergency at any time. Thereupon, the Governor shall 17 issue an executive order or proclamation ending the state of 18 disaster emergency. All executive orders or proclamations issued 19 under this subsection shall indicate the nature of the disaster, 20 the area or areas threatened and the conditions which have 21 brought the disaster about or which make possible termination of 22 the state of disaster emergency. An executive order or 23 proclamation shall be disseminated promptly by means calculated 24 to bring its contents to the attention of the general public 25 and, unless the circumstances attendant upon the disaster 26 prevent or impede, shall be promptly filed with the Office of 27 Emergency Preparedness AND THE LEGISLATIVE REFERENCE BUREAU FOR <-- 28 PUBLICATION UNDER PART II OF TITLE 45 (RELATING TO PUBLICATION 29 AND EFFECTIVENESS OF COMMONWEALTH DOCUMENTS). 30 (d) Activation of disaster response.--An executive order or 19770S1104B1616 - 14 -
1 proclamation of a state of disaster emergency shall activate the 2 disaster response and recovery aspects of the Commonwealth and 3 local disaster emergency plans applicable to the political 4 subdivision or area in question and shall be authority for the 5 deployment and use of any forces to which the plan or plans 6 apply and for use or distribution of any supplies, equipment and 7 materials and facilities assembled, stockpiled or arranged to be 8 made available pursuant to this part or any other provision of 9 law relating to disaster emergencies. 10 (e) Commander in chief of military forces.--During the 11 continuance of any state of disaster emergency, the Governor is 12 commander in chief of the Pennsylvania military forces. To the 13 greatest extent practicable, the Governor shall delegate or 14 assign command authority by prior arrangement embodied in 15 appropriate executive orders or regulations, but this does not 16 restrict the authority of the Governor to do so by orders issued 17 at the time of the disaster emergency. 18 (f) Additional powers.--In addition to any other powers 19 conferred upon the Governor by law, the Governor may: 20 (1) Suspend the provisions of any regulatory statute 21 prescribing the procedures for conduct of Commonwealth 22 business, or the orders, rules or regulations of any 23 Commonwealth agency, if strict compliance with the provisions 24 of any statute, order, rule or regulation would in any way 25 prevent, hinder or delay necessary action in coping with the 26 emergency. 27 (2) Utilize all available resources of the Commonwealth 28 Government and each political subdivision of this 29 Commonwealth as reasonably necessary to cope with the 30 disaster emergency. 19770S1104B1616 - 15 -
1 (3) Transfer the direction, personnel or functions of 2 Commonwealth agencies or units thereof for the purpose of 3 performing or facilitating emergency services. 4 (4) Subject to any applicable requirements for 5 compensation under section 7313(11) (relating to powers and 6 duties), commandeer or utilize any private property if 7 necessary to cope with the disaster emergency. 8 (5) Direct and compel the evacuation of all or part of 9 the population from any stricken or threatened area within 10 this Commonwealth if this action is necessary for the 11 preservation of life or other disaster mitigation, response 12 or recovery. 13 (6) Prescribe routes, modes of transportation and 14 destinations in connection with evacuation. 15 (7) Control ingress and egress to and from a disaster 16 area, the movement of persons within the area and the 17 occupancy of premises therein. 18 (8) Suspend or limit the sale, dispensing or 19 transportation of alcoholic beverages, firearms, explosives 20 and combustibles. 21 § 7302. Temporary housing. 22 (a) Authority of Governor.--Whenever the Governor has 23 proclaimed a disaster emergency under this part, or the 24 President has declared an emergency or a major disaster to exist 25 in this Commonwealth, the Governor is authorized: 26 (1) To enter into purchase, lease or other arrangements 27 with any Federal agency for temporary housing units to be 28 occupied by disaster victims and to make the units available 29 to any political subdivision of this Commonwealth. 30 (2) To assist any political subdivision of this 19770S1104B1616 - 16 -
1 Commonwealth which is the locus of temporary housing for 2 disaster victims to acquire sites necessary for such 3 temporary housing and to do all things required to prepare 4 such sites to receive and utilize temporary housing units by: 5 (i) advancing or lending funds available to the 6 Governor from any appropriation made by the General 7 Assembly or from any other source; 8 (ii) "passing through" funds made available by any 9 agency, public or private; or 10 (iii) becoming a copartner with the political 11 subdivision for the execution and performance of any 12 temporary housing for disaster victims project; 13 and for such purposes to pledge the credit of the 14 Commonwealth on such terms as the Governor deems appropriate 15 having due regard for current debt transactions of the 16 Commonwealth. 17 (3) Under such regulations as the Governor shall 18 prescribe, to temporarily suspend or modify for not to exceed 19 60 days any public health, safety, zoning, transportation 20 (within or across this Commonwealth) or other requirement of 21 statute or regulation within this Commonwealth when by 22 proclamation the Governor deems the suspension or 23 modification essential to provide temporary housing for 24 disaster victims. 25 (b) Acquisition of sites by political subdivisions.--Any 26 political subdivision of this Commonwealth is expressly 27 authorized to acquire, temporarily or permanently, by purchase, 28 lease or otherwise, sites required for installation of temporary 29 housing units for disaster victims, and to enter into whatever 30 arrangements (including purchase of temporary housing units and 19770S1104B1616 - 17 -
1 payment of transportation charges) which are necessary to 2 prepare or equip the sites to utilize the housing units. 3 (c) Construction of section.--This section does not limit 4 the authority of the Governor to apply for, administer and 5 expend any grants, gifts or payments in aid of disaster 6 prevention, preparedness, response or recovery. 7 (d) Definitions.--As used in this section "major disaster," 8 "emergency" and "temporary housing" shall have the same meanings 9 as defined or used in the Federal Disaster Relief Act of 1974 10 (Public Law 93-288, 42 U.S.C. § 5121 et seq.). 11 § 7303. Debris and wreckage removal. 12 (a) Authority of Governor.--Whenever the Governor has 13 declared a disaster emergency to exist under this part, or the 14 President, at the request of the Governor, has declared a major 15 disaster or emergency to exist in this Commonwealth, the 16 Governor is authorized: 17 (1) Notwithstanding any other provision of law, through 18 the use of Commonwealth agencies or instrumentalities, to 19 clear or remove from publicly or privately owned land or 20 water, debris and wreckage which may threaten public health 21 or safety, or public or private property. 22 (2) To accept funds from the Federal Government and 23 utilize the funds to make grants to any political subdivision 24 for the purpose of removing debris or wreckage from publicly 25 or privately owned land or water. 26 (b) Authority of Commonwealth personnel.--Whenever the 27 Governor provides for clearance of debris or wreckage pursuant 28 to subsection (a), employees of the designated Commonwealth 29 agencies or individuals appointed by the Commonwealth are 30 authorized to enter upon private land or waters and perform any 19770S1104B1616 - 18 -
1 tasks necessary to the removal or clearance operation. 2 (c) Nonliability of Commonwealth personnel.--Except in cases 3 of willful misconduct, gross negligence or bad faith, any 4 Commonwealth employee or agent complying with and performing 5 duties pursuant to orders of the Governor under this section 6 shall not be liable for death of or injury to persons or damage 7 to property. 8 § 7304. Community disaster loans. 9 Whenever, at the request of the Governor, the President has 10 declared a major disaster to exist in this Commonwealth, the 11 Governor is authorized: 12 (1) Upon determining that a political subdivision of 13 this Commonwealth will suffer a substantial loss of tax and 14 other revenues from a major disaster and has demonstrated a 15 need for financial assistance to perform its governmental 16 functions, to apply to the Federal Government, on behalf of 17 the political subdivision, for a loan and to receive and 18 disburse the proceeds of any approved loan to any applicant 19 political subdivision. 20 (2) To determine the amount needed by any applicant 21 political subdivision to restore or resume its governmental 22 functions and to certify the amount to the Federal 23 Government. No application amount shall exceed 25% of the 24 annual operating budget of the applicant for the fiscal year 25 in which the major disaster occurs. 26 (3) After review, recommend to the Federal Government 27 the cancellation of all or any part of repayment when, in the 28 first three full fiscal-year periods following the major 29 disaster, the revenues of the political subdivision are 30 insufficient to meet its operating expenses including 19770S1104B1616 - 19 -
1 additional disaster-related expenses of a municipal operation 2 character. 3 § 7305. Individual and family assistance. 4 (a) Grants by Federal Government.--Whenever the President, 5 at the request of the Governor, has declared a major disaster to 6 exist in this Commonwealth, the Governor is authorized: 7 (1) Upon determining that assistance under the Federal 8 Disaster Relief Act of 1974 (Public Law 93-288, 42 U.S.C. § 9 5121 et seq.), and from other means is insufficient to meet 10 the disaster-related necessary expenses or serious needs of 11 individuals or families adversely affected by a major 12 disaster, to accept a grant from the Federal Government for 13 the purpose of meeting the expenses or needs of disaster 14 victims, subject to any terms and conditions imposed upon the 15 grant. 16 (2) To enter into an agreement with the Federal 17 Government or any Federal agency or officer pledging the 18 Commonwealth to participate in the funding of the assistance 19 authorized in paragraph (1) in an amount not to exceed 25% 20 thereof and, if Commonwealth funds are not otherwise 21 available to the Governor, to accept an advance of the 22 Commonwealth share from the Federal Government to be repaid 23 when the Commonwealth is able to do so. 24 (b) Grants by Governor.--To implement subsection (a), the 25 Governor is authorized to make grants to meet disaster-related 26 necessary expenses or serious needs of individuals or families 27 adversely affected by a major disaster declared by the 28 President. Any grant shall not exceed $5,000 in the aggregate to 29 an individual or family in any single major disaster. 30 (c) Penalty for false application.--Any person who 19770S1104B1616 - 20 -
1 fraudulently or willfully makes a misstatement of fact in 2 connection with an application for assistance under this section 3 shall be guilty of a misdemeanor of the third degree. 4 § 7306. Appropriation of Federal funds. 5 All moneys received from the Federal Government for the 6 purpose of disaster assistance or relief, including assistance 7 as specified under sections 7302 (relating to temporary 8 housing), 7303 (relating to debris and wreckage removal) and 9 7304 (relating to community disaster loans), shall be paid into 10 the General Fund. 11 § 7307. Use and appropriation of unused Commonwealth funds. 12 Whenever the Governor has declared a disaster emergency, he 13 may transfer any unused funds which may have been appropriated 14 for the ordinary expenses of the Commonwealth Government in the 15 General Fund to such Commonwealth agencies as the Governor may 16 direct to be expended for relief of disaster in such manner as 17 the Governor shall approve, and the funds are hereby 18 appropriated to the Governor for such purposes. The total of 19 such transfers shall not exceed $5,000,000 in any one year 20 except by action of the General Assembly. 21 SUBCHAPTER B 22 OFFICE OF EMERGENCY PREPAREDNESS 23 Sec. 24 7311. Establishment. 25 7312. Organization. 26 7313. Powers and duties. 27 7314. Utilization of existing services and facilities. 28 § 7311. Establishment. 29 There is hereby established the Office of Emergency 30 Preparedness to assist in the direction, control and 19770S1104B1616 - 21 -
1 coordination of disaster emergency services. 2 § 7312. Organization. 3 (a) Composition, chairman and quorum.--The authority of the 4 office shall be exercised by the Governor ex officio, Lieutenant 5 Governor, Adjutant General, Secretary of Health, Attorney 6 General, Secretary of Community Affairs, Speaker of the House of 7 Representatives, President pro tempore of the Senate, Minority 8 Leader of the Senate, Minority Leader of the House of 9 Representatives, Commissioner of the Pennsylvania State Police, 10 Secretary of Environmental Resources, Secretary of 11 Transportation and Secretary of Public Welfare. The Speaker of 12 the House of Representatives, President pro tempore of the 13 Senate, Minority Leader of the Senate and Minority Leader of the 14 House of Representatives may authorize a member of their 15 respective Houses of the General Assembly to serve in their 16 stead. The Governor shall appoint a chairman from the membership 17 and five members shall constitute a quorum. 18 (b) Compensation and expenses.--The members shall serve 19 without compensation but may be reimbursed for their actual and 20 necessary traveling and other expenses incurred in connection 21 with attendance at meetings. 22 (c) Appointment of personnel and expenditure of funds.--The 23 members may employ a Director of Emergency Preparedness and such 24 technical, clerical, stenographic and other personnel, whose 25 compensation shall be fixed by the Executive Board, and may make 26 such expenditures within the appropriation therefor or other 27 funds made available to the office as are necessary to carry out 28 the purposes of this part. 29 (d) Space, equipment and supplies.--The office shall be 30 provided with appropriate space, furniture, equipment, supplies, 19770S1104B1616 - 22 -
1 stationery and printing in the same manner as other Commonwealth 2 agencies are supplied. Required communications capability shall 3 be provided and special consideration shall be given to blast 4 and fallout protection to permit extended operations. 5 § 7313. Powers and duties. 6 The office shall have the following powers and duties: 7 (1) To prepare, maintain and keep current a Commonwealth 8 Emergency Preparedness Plan for the prevention and 9 minimization of injury and damage caused by disaster, prompt 10 and effective response to disaster and disaster emergency 11 relief and recovery. The plan may include provisions for: 12 (i) Preparedness standards established by the 13 Federal Defense Civil Preparedness Agency. 14 (ii) Commonwealth and local disaster emergency 15 preparedness responsibilities. 16 (iii) Assistance to Commonwealth and local 17 government officials in designing emergency preparedness 18 plans and training programs. 19 (iv) Organization of manpower, chains of command, 20 continuity of government in emergency situations and 21 emergency operational principles. 22 (v) Coordination of Federal, Commonwealth and local 23 disaster emergency preparedness activities. 24 (vi) Coordination of the Commonwealth Emergency 25 Preparedness Plan with the disaster plans of the Federal 26 Government and those of other states. 27 (vii) Assistance to the Commonwealth and local 28 governments in obtaining, utilizing and managing Federal 29 and Commonwealth disaster assistance. 30 (viii) Supply to appropriate Commonwealth and local 19770S1104B1616 - 23 -
1 officials State catalogs of Federal, Commonwealth and 2 private assistance programs. 3 (ix) Identification of areas particularly vulnerable 4 to disasters. 5 (x) Recommendations for zoning, building and other 6 land-use controls; safety measures pertaining to 7 nonpermanent or semipermanent structures; resource 8 conservation and allocation; and other preventive and 9 preparedness measures designed to eliminate or reduce 10 disasters or their impact. 11 (xi) Authorization and procedures for the erection 12 or other construction of temporary works designed to 13 protect against or mitigate danger, damage or loss from 14 flood, conflagration or other disaster. 15 (2) To establish, equip and staff Commonwealth and area 16 emergency operations centers and provide a system of disaster 17 communications integrated with those of Federal, Commonwealth 18 and local agencies involved in disaster emergency operations. 19 (3) To promulgate, adopt and enforce such rules, 20 regulations and orders as may be deemed necessary to carry 21 out the provisions of this part. 22 (4) To provide technical advice and assistance to 23 Commonwealth agencies and political subdivisions in the 24 preparation of disaster emergency preparedness plans or 25 components thereof and to periodically review such plans and 26 suggest or require revisions. 27 (5) To establish and operate or assist political 28 subdivisions in establishing and operating training programs 29 and programs of public information. 30 (6) To supply appropriate Commonwealth and local 19770S1104B1616 - 24 -
1 agencies and officials and the general public with 2 precautionary notices, watches and warnings relating to 3 actual and potential disasters and to provide a flow of 4 official information and instructions to the general public 5 through all means available before, during and after an 6 emergency. 7 (7) To provide emergency direction and control of 8 Commonwealth and local emergency operations. 9 (8) To determine the need for, maintain information 10 regarding and procure materials, supplies, equipment, 11 facilities and services necessary for disaster emergency 12 readiness, response and recovery. 13 (9) To provide for mobile support units. 14 (10) To make or request of Commonwealth or local 15 agencies and officials, studies, surveys and reports as are 16 necessary to carry out the purposes of this part. 17 (11) To plan and make arrangements for the availability 18 and use of any private facilities, services and property and, 19 if necessary and if in fact used, provide for payment for use 20 under terms and conditions agreed upon. 21 (12) To prepare, for issuance by the Governor, executive 22 orders, proclamations and regulations as necessary or 23 appropriate in coping with disasters. 24 (13) To cooperate with the Federal Government and any 25 public or private agency or entity in achieving any purpose 26 of this part and in implementing programs for disaster 27 prevention, preparation, response and recovery. 28 (14) To administer grant programs to political 29 subdivisions for disaster preparedness. 30 (15) To accept and coordinate assistance provided by 19770S1104B1616 - 25 -
1 Federal agencies in major disasters in accordance with the 2 provisions of the Federal Disaster Relief Act of 1974 (Public 3 Law 93-288, 42 U.S.C. § 5121 et seq.), or any amendment or 4 reenactment thereof. 5 (16) To respond to disaster relating to atomic energy 6 operations or radioactive objects or materials. Any such 7 action taken and any regulations adopted by the office shall 8 be inapplicable to any objects or materials possessing a 9 radiation-producing capacity less than that set forth as the 10 maximum safety limit by the standards endorsed and as may be 11 subsequently endorsed by the United States Nuclear Regulatory 12 Commission for the protection of life and property and the 13 maintenance of health and safety. 14 (17) To take other action necessary, incidental or 15 appropriate for the implementation of this part. 16 § 7314. Utilization of existing services and facilities. 17 In order to avoid duplication of services and facilities, the 18 office shall utilize the services and facilities of existing 19 officers, offices, departments, commissions, boards, bureaus, 20 institutions and other agencies of the Commonwealth and of the 21 political subdivisions thereof. These officers and agencies 22 shall cooperate with and extend their services and facilities to 23 the office as requested. 24 CHAPTER 75 25 LOCAL ORGANIZATIONS AND SERVICES 26 Subchapter 27 A. General Provisions 28 B. Payment of Expenses 29 SUBCHAPTER A 30 GENERAL PROVISIONS 19770S1104B1616 - 26 -
1 Sec. 2 7501. General authority of political subdivisions. 3 7502. Local director of emergency preparedness. 4 7503. Powers and duties of political subdivisions. 5 7504. Coordination, assistance and mutual aid. 6 § 7501. General authority of political subdivisions. 7 (a) Establishing disaster emergency preparedness 8 organization.--Each political subdivision of this Commonwealth 9 is directed and authorized to establish a local emergency 10 preparedness organization in accordance with the plan and 11 program of the State Office of Emergency Preparedness. Each 12 local organization shall have responsibility for disaster 13 emergency preparedness, response and recovery within the 14 territorial limits of the political subdivision within which it 15 is organized and, in addition, shall conduct such services 16 outside of its jurisdictional limits as may be required under 17 this part. 18 (b) Declaration of disaster emergency.--A local disaster 19 emergency may be declared by the governing body of a political 20 subdivision upon finding a disaster has occurred or is imminent. 21 The governing body of a political subdivision may authorize the 22 mayor or other chief executive officer to declare a local 23 disaster emergency subject to ratification by the governing 24 body. The declaration shall not be continued or renewed for a 25 period in excess of seven days except by or with the consent of 26 the governing body of the political subdivision. Any order or 27 proclamation declaring, continuing or terminating a local 28 disaster emergency shall be given prompt and general publicity 29 and shall be filed promptly with the State office. The effect of 30 a declaration of a local disaster emergency is to activate the 19770S1104B1616 - 27 -
1 response and recovery aspects of any and all applicable local 2 emergency preparedness plans and to authorize the furnishing of 3 aid and assistance thereunder. 4 (c) Contracts and obligations.--In carrying out the 5 provisions of this part, each political subdivision shall have 6 the power to enter into contracts and incur obligations 7 necessary to disaster emergency preparedness, response and 8 recovery. 9 (d) Temporary suspension of formal requirements.--Each 10 political subdivision included in a declaration of disaster 11 emergency is authorized pursuant to section 7301(c) (relating to 12 general authority of Governor) to exercise the powers vested 13 under this section in the light of the exigencies of the 14 emergency situation without regard to time-consuming procedures 15 and formalities prescribed by law (excepting mandatory 16 constitutional requirements) pertaining to the performance of 17 public work, entering into contracts, the incurring of 18 obligations, the employment of temporary workers, the rental of 19 equipment, the purchase of supplies and materials, the levying 20 of taxes and the appropriation and expenditure of public funds. 21 (e) Employment of personnel.--In order to meet prescribed 22 requirements for eligibility to receive Federal contributions 23 authorized under the provisions of the Federal Civil Defense Act 24 of 1950 (64 Stat. 1245, 50 U.S.C. App. § 2251 et seq.) or any 25 amendment or reenactment thereof, political subdivisions are 26 authorized to avail themselves of services offered by the State 27 Civil Service Commission under the provisions of the act of 28 August 5, 1941 (P.L.752, No.286), known as the "Civil Service 29 Act," in connection with the employment of personnel in local 30 organizations established pursuant to the provisions of this 19770S1104B1616 - 28 -
1 part. 2 § 7502. Local director of emergency preparedness. 3 (a) General rule.--Each local organization for disaster 4 emergency preparedness shall have a director who shall be 5 responsible for the planning, administration and operation of 6 the local organization subject to the direction and control of 7 the executive officer or governing body. 8 (b) Appointment.--The director shall be appointed by the 9 Governor upon the recommendation of the executive officer or 10 governing body of the political subdivision. A full-time 11 director shall be employed in each county. Upon the failure of 12 the executive officer or governing body of a political 13 subdivision to make a recommendation to the Governor of a 14 candidate for director within the time fixed by the Governor, 15 the Governor is authorized to appoint a director without any 16 recommendation. A candidate for director for two or more 17 political subdivisions may be recommended to the Governor for 18 appointment upon agreement by resolution of the governing bodies 19 of such political subdivisions. Any other law notwithstanding, a 20 local government official may be recommended for appointment. 21 (c) Qualifications.--A director shall be professionally 22 competent and capable of planning, effecting coordination among 23 operating agencies of government and controlling coordinated 24 operations by local emergency preparedness forces. He shall be 25 assigned no duties in conflict with the primary duty of 26 director. 27 (d) In-service training.-- 28 (1) Each appointed director shall: 29 (i) Attend and successfully complete a basic 30 emergency preparedness seminar as prescribed by the State 19770S1104B1616 - 29 -
1 office within one year after appointment. 2 (ii) Attend and successfully complete an advanced 3 emergency preparedness seminar as prescribed by the State 4 office within three years after appointment. 5 (iii) Attend and successfully complete training 6 conferences called by the official having responsibility 7 for providing the director with in-service training. 8 (iv) Failure to attend the basic and advanced 9 seminars or failure to attend a prescribed training 10 conference for a period of two consecutive years shall be 11 cause for replacement. 12 (2) Responsibility for the professional in-service 13 training of each director rests with each successive higher 14 political subdivision than the one in which the director is 15 functioning. 16 (e) Expenses.--Each appointed director shall be reimbursed 17 for actual expenses incurred in the performance of his duties 18 and attendance at scheduled meetings. 19 § 7503. Powers and duties of political subdivisions. 20 Each political subdivision shall: 21 (1) Prepare, maintain and keep current a disaster 22 emergency preparedness plan for the prevention and 23 minimization of injury and damage caused by disaster, prompt 24 and effective response to disaster and disaster emergency 25 relief and recovery in consonance with the Commonwealth 26 Emergency Preparedness Plan. 27 (2) Establish, equip and staff an emergency operations 28 center, provide communications to support government 29 operations in emergencies and provide other essential 30 facilities and equipment for agencies and activities assigned 19770S1104B1616 - 30 -
1 emergency functions. 2 (3) Provide individual and organizational training 3 programs to insure prompt, efficient and effective disaster 4 emergency services. 5 (4) Organize, prepare and coordinate all locally 6 available manpower, materials, supplies, equipment, 7 facilities and services necessary for disaster emergency 8 readiness, response and recovery. 9 (5) Adopt and implement precautionary measures to 10 mitigate the anticipated effects of disaster. 11 (6) Execute and enforce such rules and orders as the 12 State office shall adopt and promulgate under the authority 13 of this part. 14 (7) Cooperate and coordinate with any public and private 15 agency or entity in achieving any purpose of this part. 16 (8) Have available for inspection at its emergency 17 operations center all disaster emergency plans, rules and 18 orders of the Governor and the State office. 19 (9) Provide prompt and accurate information regarding 20 local disaster emergencies to appropriate Commonwealth and 21 local officials and agencies and the general public. 22 § 7504. Coordination, assistance and mutual aid. 23 (a) Responsibility for direction and coordination.-- 24 Direction of disaster emergency services is the responsibility 25 of the lowest level of government affected. When two or more 26 political subdivisions within a county are affected, the county 27 organization shall exercise responsibility for coordination and 28 support to the area of operations. When two or more counties are 29 involved, coordination shall be provided by the State office or 30 by area organizations established by the State office. 19770S1104B1616 - 31 -
1 (b) Assistance from higher government unit.--When all 2 appropriate locally available forces and resources are fully 3 committed by the affected political subdivision, assistance from 4 a higher level of government shall be provided. 5 (c) Municipal mutual aid agreements.--County and local 6 directors of emergency preparedness shall develop mutual aid 7 agreements with adjacent political subdivisions for reciprocal 8 emergency assistance. The agreements shall be consistent with 9 the plans and programs of the State office. In disaster 10 emergencies, requests for mutual aid assistance shall be 11 referred to the organization having responsibility for 12 coordination as specified in subsection (a) and in time of 13 emergency it shall be the duty of each local organization to 14 render assistance in accordance with the provisions of the 15 mutual aid agreements. 16 (d) Interstate mutual aid arrangements.--The director of 17 each local organization may, subject to approval of the 18 Governor, enter into mutual aid arrangements with similar 19 agencies or organizations in other states for reciprocal 20 disaster emergency services. 21 (e) Control of outside support forces.--Support forces 22 furnished political subdivisions from outside its jurisdiction 23 shall be under the operational control of the department, agency 24 or office furnishing the force. 25 SUBCHAPTER B 26 PAYMENT OF EXPENSES 27 Sec. 28 7511. Appropriations by political subdivisions. 29 7512. Law applicable to local organizations. 30 7513. Agreements among political subdivisions. 19770S1104B1616 - 32 -
1 7514. Payments involving one political subdivision. 2 7515. Payments involving two or more political subdivisions. 3 § 7511. Appropriations by political subdivisions. 4 (a) General rule.--Every political subdivision shall have 5 the power to make appropriations for the payment of expenses of 6 the local organization in the manner provided by law for making 7 appropriations for the ordinary expenses of the political 8 subdivision. In making appropriations, the political subdivision 9 shall specify the amounts and purposes for which the moneys 10 appropriated may be used by the organization to or for which 11 such appropriation may be made. 12 (b) Two or more local organizations.--Nothing in this 13 subchapter or any other provision of this part shall be deemed 14 to limit the power of any political subdivision to appropriate 15 money for the purpose of paying the expenses of a local 16 organization having jurisdiction both within and without the 17 political subdivision even though an appropriation has been or 18 is to be made to another local organization coterminous with or 19 having jurisdiction within the political subdivision. Payments 20 on account of an appropriation under this subsection shall be 21 made pursuant to an agreement under section 7513 (relating to 22 agreements among political subdivisions) or in the form of a 23 gift or grant to the political subdivision responsible in the 24 first instance for the payment of bills and claims against the 25 local organization for the payment of the expenses for which the 26 appropriation was made. 27 § 7512. Law applicable to local organizations. 28 (a) General rule.--Where the jurisdiction of the local 29 organization is coterminous with the political subdivision 30 making an appropriation for the payment of the expenses, the 19770S1104B1616 - 33 -
1 local organization shall be deemed an agency, board or 2 commission of the political subdivision, subject to all of the 3 laws governing the making of contracts or purchases, the 4 employment of persons or otherwise incurring financial 5 obligations which apply to the political subdivision. 6 (b) Second class townships.--No purchase or purchases shall 7 be made, no contract entered into and no expenses incurred by 8 any local organization which involves the payment of more than 9 $25 out of the treasury of any second class township unless the 10 proposed expenditure has been approved in writing by the 11 township supervisors. If any purchase or contract is made or 12 other expenses incurred contrary to the provisions of this 13 subsection, the township shall not be responsible for the 14 payment thereof but the person acting for the local organization 15 in the transaction shall be personally liable for the payment. 16 § 7513. Agreements among political subdivisions. 17 (a) General rule.--Where a local organization has 18 jurisdiction in an area including all or parts of more than one 19 political subdivision which does not include the whole area of 20 any county, the political subdivisions, all or part of which lie 21 within the jurisdiction of the organization, shall, before 22 paying any expenses of the organization, enter into an agreement 23 designating one of the political subdivisions as the agent of 24 each of them for the purpose of paying the expenses of the local 25 organization. The agreement shall also set forth the 26 proportionate share of the expenses of the organization to be 27 paid by each political subdivision party to the agreement and an 28 estimate of the amount required to be appropriated by each of 29 them for the purpose of paying the expenses. The agreement shall 30 be effective when approved by the corporate authorities of each 19770S1104B1616 - 34 -
1 of the political subdivisions by a majority vote and each of the 2 subdivisions shall thereupon make an appropriation pursuant to 3 section 7511 (relating to appropriations by political 4 subdivisions) sufficient to pay its share of the expenses of the 5 organization. 6 (b) Counties.--Where the local organization has jurisdiction 7 in an area including the whole area of one or more counties 8 which is not coterminous with any one county, before paying any 9 expenses of the organization, the counties, all or part of which 10 lie within the jurisdiction of the organization, shall enter 11 into an agreement in the manner and form provided in subsection 12 (a) and with like effect, and no other political subdivision 13 lying within the jurisdiction of the organization shall be a 14 party to the agreement. 15 § 7514. Payments involving one political subdivision. 16 (a) General rule.--All bills or claims to be paid from any 17 appropriation made by a political subdivision coterminous with 18 the local organization, after first being approved by the local 19 organization or an appropriate officer thereof designated for 20 that purpose, shall be paid from the treasury of the political 21 subdivision only upon the warrant or order of the officer or 22 officers of the political subdivision designated by law to 23 approve or countersign warrants or orders for the payment of the 24 ordinary expenses of the political subdivision, and shall be 25 subject to audit in the same manner as other financial 26 transactions of the political subdivision. In each case, the 27 officer or officers shall have the same power to approve or 28 disapprove as they have in case of warrants for ordinary 29 expenses of the political subdivision, and no warrant or order 30 for the payment thereof shall be issued without the approval. 19770S1104B1616 - 35 -
1 (b) Gift or grant of money.--Any gift or grant of money made 2 to the local organization or to the political subdivision for 3 the payment of expenses incurred or to be incurred by or for the 4 organization shall be deposited in the treasury of the political 5 subdivision and shall be appropriated by the political 6 subdivision for the purpose for which the gift or grant was 7 made, and any bills or claims to be paid from the gift or grant 8 shall be paid in the manner provided in this subchapter for the 9 payment of other bills and claims against the political 10 subdivision. 11 § 7515. Payments involving two or more political subdivisions. 12 (a) General rule.--Where two or more political subdivisions 13 have entered into an agreement as provided by section 7513 14 (relating to agreements among political subdivisions), all bills 15 and claims for expenses incurred by or for the local 16 organization shall thereafter be paid in the first instance by 17 the political subdivision named as agent in the agreement in the 18 manner provided in section 7514 (relating to payments involving 19 one political subdivision) as though the organization were 20 coterminous with the political subdivision, and the organization 21 shall be subject to all of the laws governing the making of 22 contracts or purchases, the employment of persons or otherwise 23 incurring financial obligations which apply to the political 24 subdivision. 25 (b) Accounting by agent.--The political subdivision 26 designated as agent shall, not later than the fifteenth day of 27 each month, submit an itemized account of the expenses of the 28 organization paid by it during the preceding calendar month to 29 each of the other political subdivisions party to the agreement, 30 together with a request for reimbursement of the proportionate 19770S1104B1616 - 36 -
1 share of expenses agreed to be paid by each of the other 2 political subdivisions. 3 (c) Reimbursement of agent.--Each political subdivision 4 requested to make reimbursement shall do so within 30 days after 5 the request from the appropriation made for the payment of the 6 expenses of the organization and, in the event of failure to do 7 so, mandamus shall lie to compel the officers of the political 8 subdivision to pay the agreed-upon proportionate share of the 9 proper expenses of the organization out of the first moneys 10 thereafter in the treasury of the political subdivision and not 11 previously pledged to any other purpose. No political 12 subdivision may be compelled to pay for any one year an amount 13 greater than the amount estimated in the agreement as its 14 proportionate share. Any payment made by any political 15 subdivision to the political subdivision named as agent in the 16 agreement for reimbursement for the payment of the expenses of 17 the organization shall be credited by the agent political 18 subdivision to the appropriation made by it for the payment of 19 the expenses of the organization and shall be available for the 20 payment of future expenses of the organization without further 21 appropriation or action by the agent political subdivision. 22 (d) Gift or grant of money.--Any gift or grant of money made 23 to or for the local organization, if made to a political 24 subdivision, shall be deposited in its treasury and be 25 appropriated by it for the purpose for which the gift or grant 26 was made and the political subdivision shall notify the 27 political subdivision named as agent in the agreement of the 28 appropriation and the purpose for which it is available. If the 29 gift or grant of money is made to the organization, it shall be 30 deposited in the treasury of the political subdivision named as 19770S1104B1616 - 37 -
1 agent in the agreement and shall be appropriated by the 2 political subdivision for the purpose for which the gift or 3 grant was made. Any expenditure made by the agent political 4 subdivision from any gift or grant deposited in its treasury or 5 reimbursed from any gift or grant deposited in the treasury of 6 any other political subdivision shall not be included in 7 computing the reimbursement requested from any other political 8 subdivision under the agreement. 9 CHAPTER 77 10 MISCELLANEOUS PROVISIONS 11 Sec. 12 7701. Duties concerning disaster prevention. 13 7702. Acceptance of services, gifts, grants and loans. 14 7703. Interstate arrangements. 15 7704. Immunity from civil liability. 16 7705. Special powers of local agencies. 17 § 7701. Duties concerning disaster prevention. 18 (a) Governor.--In addition to disaster prevention measures 19 included in the Commonwealth and local plans, the Governor shall 20 consider on a continuing basis steps that could be taken to 21 prevent or reduce the harmful consequences of disasters. The 22 Governor, from time to time, shall make recommendations to the 23 General Assembly, political subdivisions and other appropriate 24 public and private entities as may facilitate measures for 25 prevention or reduction of the harmful consequences of 26 disasters. 27 (b) Department of Environmental Resources.--The Department 28 of Environmental Resources, in conjunction with the State Office 29 of Emergency Preparedness, shall keep land uses and construction 30 of structures and other facilities under continuing study and 19770S1104B1616 - 38 -
1 identify areas which are particularly susceptible to severe land 2 shifting, subsidence, flood or other catastrophic occurrence. 3 The studies under this subsection shall concentrate on means of 4 reducing or avoiding the dangers caused by this occurrence or 5 the consequences thereof. 6 (c) Other Commonwealth agencies.--At the direction of the 7 Governor, and pursuant to any other authority and competence 8 they have, Commonwealth agencies, including but not limited to 9 those charged with responsibilities in connection with 10 floodplain management, stream encroachment and flow regulation, 11 weather modification, fire prevention and control, air quality, 12 public works, land use and land-use planning, construction 13 standards, public utilities and energy, shall make studies of 14 disaster prevention-related matters. 15 § 7702. Acceptance of services, gifts, grants and loans. 16 (a) General rule.--Whenever any person or the Federal 17 Government or any Federal agency or officer offers to the 18 Commonwealth or, through the Commonwealth, to any political 19 subdivision, services, equipment, supplies, materials or funds 20 by way of gift, grant or loan for purposes of disaster emergency 21 services, the Commonwealth, acting through the Governor, or the 22 political subdivision, acting with the consent of the Governor 23 and through its executive officer or governing body, may accept 24 the offer and upon acceptance the Governor or executive officer 25 or governing body of the political subdivision may authorize any 26 officer of the Commonwealth or of the political subdivision, as 27 the case may be, to receive the services, equipment, supplies, 28 materials or funds on behalf of the Commonwealth or political 29 subdivision subject to the terms of the offer and the rules and 30 regulations, if any, of the agency or person making the offer. 19770S1104B1616 - 39 -
1 (b) Property of Commonwealth.--All equipment, supplies and 2 materials referred to in subsection (a) shall, when accepted by 3 the Commonwealth, be treated as the property of the Commonwealth 4 and shall be subject to the relevant provisions of the act of 5 April 9, 1929 (P.L.177, No.175), known as "The Administrative 6 Code of 1929," unless the General Assembly directs otherwise by 7 statute. 8 § 7703. Interstate arrangements. 9 (a) General rule.--Upon finding that a vulnerable area lies 10 only partly within this Commonwealth and includes territory in 11 another state or states or territory in a foreign jurisdiction 12 and that it would be desirable to establish an interstate 13 relationship, mutual aid or an area organization for disaster 14 emergency services, the Governor shall take steps to that end as 15 desirable. 16 (b) Negotiation and status of agreements.--If this action is 17 taken with jurisdictions that have enacted the Interstate Civil 18 Defense and Disaster Compact, any resulting agreement or 19 agreements may be considered supplemental agreements pursuant to 20 Article 6 of that compact. If the other jurisdiction or 21 jurisdictions with which the Governor proposes to cooperate 22 pursuant to subsection (a) have not enacted that compact, the 23 Governor may negotiate special agreements with the jurisdiction 24 or jurisdictions. 25 (c) Legislative approval of agreements.--Any agreement, if 26 sufficient authority for the making thereof does not otherwise 27 exist, becomes effective only after its text has been 28 communicated to the General Assembly and provided that neither 29 House of the General Assembly has disapproved it by adjournment 30 of the next ensuing session competent to consider it or within 19770S1104B1616 - 40 -
1 30 days of its submission, whichever is longer. 2 § 7704. Immunity from civil liability. 3 (a) General rule.--Neither the Commonwealth nor any 4 political subdivision thereof nor other agencies nor, except in 5 cases of willful misconduct, the agents, employees or 6 representatives of any of them engaged in any emergency services 7 activities, nor except in cases of willful misconduct or gross 8 negligence any individual or other person under contract with 9 them to provide equipment or work on a cost basis to be used in 10 disaster relief, while complying with or attempting to comply 11 with this part or any rule or regulation promulgated pursuant to 12 the provisions of this part, shall be liable for the death of or 13 any injury to persons or loss or damage to property as a result 14 of that activity. 15 (b) Real estate owners.--Any person owning or controlling 16 real estate or other premises, who voluntarily and without 17 compensation, grants a license or privilege or otherwise permits 18 the designation or use of the whole or any part or parts of the 19 real estate or premises for any emergency services purpose, 20 shall, together with his successors in interest, if any, not be 21 civilly liable for negligently causing the death of or injury to 22 or loss or damage to the property of any person who is upon the 23 real estate or other premises for that purpose. 24 (c) Other benefits unaffected.--This section does not affect 25 the right of any person to receive benefits to which he would 26 otherwise be entitled under this part or under the workmen's 27 compensation laws or under any pension law, nor the right of any 28 person to receive any benefits or compensation under any Federal 29 law. 30 § 7705. Special powers of local agencies. 19770S1104B1616 - 41 -
1 (a) Roadway clearance.--Whenever the Governor shall have 2 proclaimed a disaster emergency under section 7301(c) (relating 3 to declaration of disaster emergency), officials of any 4 political subdivision included in the disaster emergency shall 5 have the authority to clear such roadways as are necessary for 6 the health, safety and welfare of residents, even though such 7 roadways are not officially the responsibility of such political 8 subdivision. The political subdivision may be reimbursed for the 9 cost of such clearing as provided in subsection (c). 10 (b) Water systems.--Whenever the Governor shall have 11 proclaimed a disaster emergency under section 7301(c) and in the 12 event that a water system owned or operated by a political 13 subdivision or municipal authority is damaged, destroyed or made 14 inoperable as a direct result of such disaster emergency, the 15 political subdivision or municipal authority shall have the 16 authority to lease or hire such personnel and equipment as may 17 be needed to effect restoration of such water system. The 18 political subdivision or municipal authority may be reimbursed 19 for the cost of such restoration as provided in subsection (c). 20 (c) Reimbursement.--Whenever the Governor shall have 21 proclaimed a disaster emergency under section 7301(c), he shall 22 have power to transfer any unused funds which may have been 23 appropriated for the ordinary expenses of government in the 24 General Fund to such State agencies as he may direct to be 25 expended for reimbursements as provided in subsections (a) and 26 (b). Such reimbursements shall be made in accordance with and to 27 the extent permitted by regulations issued by such agency or 28 agencies as the Governor may designate to administer the 29 reimbursement programs established by subsections (a) and (b). 30 The total of such transfers shall never exceed $1,000,000 in any 19770S1104B1616 - 42 -
1 one year except by action of the General Assembly. 2 (d) Limitations.--Reimbursements pursuant to subsection (c) 3 shall not be made to the extent that the Commonwealth, a 4 political subdivision or a municipal authority may be eligible 5 for assistance from the Federal Government. 6 Section 2. Transfers. 7 All personnel, allocations, appropriations, equipment, files, 8 records, contracts, agreements, obligations, and other material 9 which are used, employed or expended in connection with the 10 powers, duties or functions of the State Council of Civil 11 Defense are hereby transferred to the Office of Emergency 12 Preparedness with the same force and effect as if the 13 appropriations had been made to and the items had been the 14 property of the Office of Emergency Preparedness in the first 15 instance and as if the contracts, agreements and obligations had 16 been incurred or entered into by the Office of Emergency 17 Preparedness. 18 Section 3. Repeals. 19 The following acts are repealed: 20 Act of March 19, 1951 (P.L.28, No.4), known as the "State 21 Council of Civil Defense Act of 1951." 22 Act of March 19, 1951 (P.L.42, No.6), entitled "An act 23 authorizing certain political subdivisions to make 24 appropriations for the payment of expenses of local or district 25 councils of civil defense within said political subdivisions and 26 for the protection or preparation for the protection of the 27 health, welfare and safety of the civilian population of said 28 political subdivision during emergencies resulting from air 29 raids, blackouts or sabotage; regulating the manner of payment 30 of expenses of local and district councils of civil defense; 19770S1104B1616 - 43 -
1 authorizing such political subdivisions to borrow money under 2 certain conditions for such purposes; and providing for the 3 repayment thereof." 4 Act of March 19, 1951 (P.L.47, No.7), entitled "An act 5 authorizing the Commonwealth of Pennsylvania to enter into a 6 compact with any other state for mutual helpfulness in meeting 7 any civil defense emergency or disaster." 8 Act of April 28, 1961 (P.L.129, No.60), entitled "An act 9 authorizing political subdivisions of the Commonwealth to avail 10 themselves of services offered by the State Civil Service 11 Commission in connection with the employment of personnel for 12 civil defense purposes." 13 Act of July 6, 1961 (P.L.515, No.265), entitled, as amended, 14 "An act authorizing the Governor to provide for disaster and 15 emergency relief under certain circumstances; authorizing him to 16 transfer certain funds in the General Fund for these purposes, 17 and making an appropriation." 18 Section 4. Effective date. 19 This act shall take effect immediately and shall be 20 retroactive to July 1, 1977. I20L32CM/19770S1104B1616 - 44 -