HOUSE AMENDED
PRIOR PRINTER'S NOS. 1306, 1434, 1559, PRINTER'S NO. 2107
1616, 1642
No. 1104 Session of 1977
INTRODUCED BY MELLOW, KURY, McKINNEY, SWEENEY, EARLY, ROSS AND
HOLL, SEPTEMBER 27, 1977
AS REPORTED FROM COMMITTEE ON MILITARY AND VETERANS AFFAIRS, AS
AMENDED, SEPTEMBER 11, 1978
AN ACT
1 Amending Title 35 (Health and Safety) of the Pennsylvania
2 Consolidated Statutes, adding provisions relating to disaster <--
3 emergency services EMERGENCY MANAGEMENT SERVICES and making <--
4 repeals.
5 TABLE OF CONTENTS
6 TITLE 35
7 HEALTH AND SAFETY
8 PART V. DISASTER EMERGENCY MANAGEMENT SERVICES <--
9 Chapter 71. General Provisions
10 Subchapter A. Preliminary Provisions
11 § 7101. Short title of part.
12 § 7102. Definitions.
13 § 7103. Purposes of part.
14 § 7104. Limitations.
15 Subchapter B. Interstate Civil Defense and Disaster Compact
16 § 7111. Interstate civil defense and disaster compact enacted.
17 Chapter 73. Commonwealth Services
1 Subchapter A. The Governor and Disaster Emergencies
2 § 7301. General authority of Governor.
3 § 7302. Temporary housing.
4 § 7303. Debris and wreckage removal.
5 § 7304. Community disaster loans.
6 § 7305. Individual and family assistance.
7 § 7306. Appropriation of Federal funds.
8 § 7307. Use and appropriation of unused Commonwealth funds.
9 § 7308. EMERGENCY ASSIGNMENTS. <--
10 Subchapter B. Office of PENNSYLVANIA Emergency <--
11 Preparedness MANAGEMENT AGENCY <--
12 § 7311. Establishment. CREATION AND ORGANIZATION OF AGENCY. <--
13 § 7312. Organization.
14 § 7313. Powers and duties.
15 § 7314. Utilization of existing services and facilities.
16 Chapter 75. Local Organizations and Services
17 Subchapter A. General Provisions
18 § 7501. General authority of political subdivisions.
19 § 7502. Local director COORDINATOR of emergency <--
20 preparedness MANAGEMENT. <--
21 § 7503. Powers and duties of political subdivisions.
22 § 7504. Coordination, assistance and mutual aid.
23 Subchapter B. Payment of Expenses
24 § 7511. Appropriations by political subdivisions.
25 § 7512. Law applicable to local organizations.
26 § 7513. Agreements among political subdivisions.
27 § 7514. Payments involving one political subdivision.
28 § 7515. Payments involving two or more political subdivisions.
29 Chapter 77. Miscellaneous Provisions
30 § 7701. Duties concerning disaster prevention.
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1 § 7702. Acceptance of services, gifts, grants and loans.
2 § 7703. Interstate arrangements.
3 § 7704. Immunity from civil liability.
4 § 7705. Special powers of local agencies.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 35, act of November 25, 1970 (P.L.707,
8 No.230), known as the Pennsylvania Consolidated Statutes, is
9 amended by adding a part to read:
10 TITLE 35
11 HEALTH AND SAFETY
12 Part
13 V. Disaster Emergency MANAGEMENT Services <--
14 PART V
15 DISASTER EMERGENCY MANAGEMENT SERVICES <--
16 Chapter
17 71. General Provisions
18 73. Commonwealth Services
19 75. Local Organizations and Services
20 77. Miscellaneous Provisions
21 CHAPTER 71
22 GENERAL PROVISIONS
23 Subchapter
24 A. Preliminary Provisions
25 B. Interstate Civil Defense and Disaster Compact
26 SUBCHAPTER A
27 PRELIMINARY PROVISIONS
28 Sec.
29 7101. Short title of part.
30 7102. Definitions.
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1 7103. Purposes of part.
2 7104. Limitations.
3 § 7101. Short title of part.
4 This part shall be known and may be cited as the "Disaster <--
5 Emergency Services Code." "EMERGENCY MANAGEMENT SERVICES CODE." <--
6 § 7102. Definitions.
7 The following words and phrases when used in this part shall
8 have, unless the context clearly indicates otherwise, the
9 meanings given to them in this section:
10 "AGENCY." THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY. <--
11 "Disaster." A man-made disaster, natural disaster or war-
12 caused disaster.
13 "DISASTER EMERGENCY." A DISASTER EMERGENCY SHALL MEAN THOSE <--
14 CONDITIONS WHICH MAY BY INVESTIGATION MADE, BE FOUND, ACTUALLY
15 OR LIKELY, TO:
16 (1) AFFECT SERIOUSLY THE SAFETY, HEALTH OR WELFARE OF A
17 SUBSTANTIAL NUMBER OF CITIZENS OF THE COMMONWEALTH OR
18 PRECLUDE THE OPERATION OR USE OF ESSENTIAL PUBLIC FACILITIES;
19 (2) BE OF SUCH MAGNITUDE OR SEVERITY AS TO RENDER
20 ESSENTIAL STATE SUPPLEMENTATION OF COUNTY AND LOCAL EFFORTS
21 OR RESOURCES EXERTED OR UTILIZED IN ALLEVIATING THE DANGER,
22 DAMAGE, SUFFERING OR HARDSHIP FACED; AND
23 (3) HAVE BEEN CAUSED BY FORCES BEYOND THE CONTROL OF
24 MAN, BY REASON OF CIVIL DISORDER, RIOT OR DISTURBANCE, OR BY
25 FACTORS NOT FORESEEN AND NOT KNOWN TO EXIST WHEN
26 APPROPRIATION BILLS WERE ENACTED.
27 "EMERGENCY MANAGEMENT." EMERGENCY MANAGEMENT IS THE
28 JUDICIOUS PLANNING, ASSIGNMENT AND COORDINATION OF ALL AVAILABLE
29 RESOURCES IN AN INTEGRATED PROGRAM OF PREVENTION, MITIGATION,
30 PREPAREDNESS, RESPONSE AND RECOVERY FOR EMERGENCIES OF ANY KIND,
19770S1104B2107 - 4 -
1 WHETHER FROM ATTACK, MANMADE OR NATURAL SOURCES.
2 "Emergency services." The preparation for and the carrying
3 out of functions, other than functions for which military forces
4 are primarily responsible, to prevent, minimize and provide
5 emergency repair of injury and damage resulting from disasters,
6 together with all other activities necessary or incidental to
7 the preparation for and carrying out of those functions. The
8 functions include, without limitation, firefighting services,
9 police services, medical and health services, rescue,
10 engineering, disaster warning services, communications,
11 radiological, shelter, chemical and other special weapons
12 defense, evacuation of persons from stricken areas, emergency
13 welfare services, emergency transportation, emergency resources
14 management, existing or properly assigned functions of plant
15 protection, temporary restoration of public utility services and
16 other functions related to civilian protection.
17 "LOCAL EMERGENCY." THE CONDITION DECLARED BY THE LOCAL <--
18 GOVERNING BODY WHEN IN THEIR JUDGMENT THE THREAT OR ACTUAL
19 OCCURRENCE OF A DISASTER IS OR THREATENS TO BE OF SUFFICIENT
20 SEVERITY AND MAGNITUDE TO WARRANT COORDINATED LOCAL GOVERNMENT
21 ACTION TO PREVENT OR ALLEVIATE THE DAMAGE, LOSS, HARDSHIP OR
22 SUFFERING THREATENED OR CAUSED THEREBY: PROVIDED, HOWEVER, THAT
23 A LOCAL EMERGENCY ARISING WHOLLY OR SUBSTANTIALLY OUT OF A
24 RESOURCE SHORTAGE MAY BE DECLARED ONLY BY THE GOVERNOR, UPON
25 PETITION OF THE LOCAL GOVERNING BODY, WHEN HE DEEMS THE THREAT
26 OR ACTUAL OCCURRENCE OF A DISASTER TO BE OF SUFFICIENT SEVERITY
27 AND MAGNITUDE TO WARRANT COORDINATED LOCAL GOVERNMENT ACTION TO
28 PREVENT OR ALLEVIATE THE DAMAGE, LOSS, HARDSHIP OR SUFFERING
29 THREATENED OR CAUSED THEREBY.
30 "Local organization." A local emergency preparedness <--
19770S1104B2107 - 5 -
1 MANAGEMENT organization. <--
2 "Man-made disaster." Any industrial, nuclear or
3 transportation accident, explosion, conflagration, power
4 failure, natural resource shortage or other condition, except
5 enemy action, resulting from man-made causes, such as oil spills
6 and other injurious environmental contamination, which threatens
7 or causes substantial damage to property, human suffering,
8 hardship or loss of life.
9 "Natural disaster." Any hurricane, tornado, storm, flood,
10 high water, wind-driven water, tidal wave, earthquake,
11 landslide, mudslide, snowstorm, drought, fire, explosion or
12 other catastrophe which results in substantial damage to
13 property, hardship, suffering or possible loss of life.
14 "Office" or "State office." The Office of Emergency <--
15 Preparedness.
16 "Political subdivision." Any county, city, borough,
17 incorporated town or township.
18 "RESOURCE SHORTAGE." THE ABSENCE, UNAVAILABILITY OR REDUCED <--
19 SUPPLY TO ANY RAW OR PROCESSED NATURAL RESOURCE, OR ANY
20 COMMODITIES, GOODS OR SERVICES OF ANY KIND WHICH BEAR A
21 SUBSTANTIAL RELATIONSHIP TO THE HEALTH, SAFETY, WELFARE AND
22 ECONOMIC WELL-BEING OF THE CITIZENS OF THE COMMONWEALTH.
23 "War-caused disaster." Any condition following an attack
24 upon the United States resulting in substantial damage to
25 property or injury to persons in the United States caused by use
26 of bombs, missiles, shellfire, nuclear, radiological, chemical
27 or biological means, or other weapons or overt paramilitary
28 actions, or other conditions such as sabotage.
29 § 7103. Purposes of part.
30 The purposes of this part are to:
19770S1104B2107 - 6 -
1 (1) Reduce vulnerability of people and communities of
2 this Commonwealth to damage, injury and loss of life and
3 property resulting from disasters.
4 (2) Prepare for prompt and efficient rescue, care and
5 treatment of persons victimized or threatened by disaster.
6 (3) Provide a setting conducive to the rapid and orderly
7 start of restoration and rehabilitation of persons and
8 property affected by disasters.
9 (4) Clarify and strengthen the roles of the Governor,
10 Commonwealth agencies and local government in prevention of,
11 preparation for, response to and recovery from disasters.
12 (5) Authorize and provide for cooperation in disaster
13 prevention, preparedness, response and recovery.
14 (6) Authorize and provide for coordination of activities
15 relating to disaster prevention, preparedness, response and
16 recovery by agencies and officers of this Commonwealth, and
17 similar State-local and Federal-State activities in which the
18 Commonwealth and its political subdivisions participate.
19 (7) Provide a disaster management system embodying all
20 aspects of predisaster preparedness and postdisaster
21 response.
22 (8) Assist in prevention of disaster caused or
23 aggravated by inadequate planning for and regulation of
24 public and private facilities and land use.
25 (9) Supplement, without in any way limiting, authority
26 conferred by previous statutes of this Commonwealth and
27 increase the capability of the Commonwealth and local
28 agencies having responsibilities for civil defense to perform
29 both civil defense and disaster services.
30 (10) FURTHER THE OPERATIONAL CAPACITIES OF THE <--
19770S1104B2107 - 7 -
1 COMMONWEALTH AGENCIES TO DEAL WITH DISASTER SITUATIONS.
2 (11) FURTHER PROGRAMS OF EDUCATION AND TRAINING.
3 (12) ESTABLISH INTEGRATED COMMUNICATIONS CAPABILITIES
4 AND WARNING SYSTEMS.
5 § 7104. Limitations.
6 This part is not intended to:
7 (1) Interfere with the course or conduct of a labor
8 dispute, except that actions otherwise authorized by this
9 part or other laws may be taken when necessary to forestall
10 or mitigate imminent or existing danger to public health or
11 safety.
12 (2) Interfere with dissemination of news or comment on <--
13 public affairs, except that any communications facility or
14 organization (including but not limited to radio and
15 television stations, wire services and newspapers) may be
16 required to transmit or print public service messages
17 furnishing information or instructions in connection with a
18 disaster emergency.
19 (3) (2) Affect the jurisdiction or responsibilities of
20 police forces, firefighting forces, units of the armed forces
21 of the United States or of any personnel thereof when on
22 active duty except that Commonwealth and local disaster
23 emergency plans shall place reliance upon the forces
24 available for performance of functions related to disaster
25 emergencies.
26 (4) (3) Limit, modify or abridge the authority of the <--
27 Governor to proclaim martial law or exercise any other powers
28 vested in him under the Constitution, statutes or common law
29 of this Commonwealth independent of, or in conjunction with,
30 any provisions of this part.
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1 SUBCHAPTER B
2 INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT
3 Sec.
4 7111. Interstate civil defense and disaster compact enacted.
5 § 7111. Interstate civil defense and disaster compact enacted.
6 The Interstate Civil Defense and Disaster Compact is hereby
7 enacted into law and entered into with all jurisdictions legally
8 joining therein in the form substantially as follows:
9 Article 1. The purpose of this compact is to provide mutual
10 aid among the States in meeting any emergency or disaster from
11 enemy attack or other cause (natural or otherwise), including
12 sabotage and subversive acts and direct attacks by bombs,
13 shellfire and atomic, radiological, chemical, bacteriological
14 means and other weapons. The prompt, full and effective
15 utilization of the resources of the respective States, including
16 such resources as may be available from the United States
17 Government or any other source are essential to the safety, care
18 and welfare of the people thereof in the event of enemy action
19 or other emergency, and any other resources, including
20 personnel, equipment or supplies, shall be incorporated into a
21 plan or plans of mutual aid to be developed among the civil
22 defense agencies or similar bodies of the States that are
23 parties hereto. The directors of civil defense of all party
24 States shall constitute a committee to formulate plans and to
25 take all necessary steps for the implementation of this compact.
26 Article 2. It shall be the duty of each party State to
27 formulate civil defense plans and programs for application
28 within such State. There shall be frequent consultation between
29 the representatives of the States and with the United States
30 Government and the free exchange of information and plans,
19770S1104B2107 - 9 -
1 including inventories of any materials and equipment available
2 for civil defense. In carrying out such civil defense plans and
3 programs, the party States shall, so far as possible, provide
4 and follow uniform standards, practices and rules and
5 regulations including:
6 (a) Insignia, arm bands and any other distinctive articles
7 to designate and distinguish the different civil defense
8 services.
9 (b) Blackouts and practice blackouts, air raid drills,
10 mobilization of civil defense forces, and other tests and
11 exercises.
12 (c) Warnings and signals for drills or attacks and the
13 mechanical devices to be used in connection therewith.
14 (d) The effective screening or extinguishing of all lights
15 and lighting devices and appliances.
16 (e) Shutting off water mains, gas mains, electric power
17 connections, and the suspension of all other utility services.
18 (f) All materials or equipment used or to be used for civil
19 defense purposes in order to assure that such materials and
20 equipment will be easily and freely interchangeable when used in
21 or by any other party State.
22 (g) The conduct of civilians and the movement and cessation
23 of movement of pedestrians and vehicular traffic prior, during
24 and subsequent to drills or attacks.
25 (h) The safety of public meetings or gatherings.
26 (i) Mobile support units.
27 Article 3. Any party State requested to render mutual aid
28 shall take such action as is necessary to provide and make
29 available the resources covered by this compact in accordance
30 with the terms hereof: Provided, That it is understood that the
19770S1104B2107 - 10 -
1 State rendering aid may withhold resources to the extent
2 necessary to provide reasonable protection for such State. Each
3 party State shall extend to the civil defense forces of any
4 other party State while operating within its State limits under
5 the terms and conditions of this compact, the same powers
6 (except that of arrest, unless specifically authorized by the
7 receiving State), duties, rights, privileges and immunities as
8 if they were performing their duties in the State in which
9 normally employed or rendering services. Civil defense forces
10 will continue under the command and control of their regular
11 leaders but the organizational units will come under the
12 operational control of the civil defense authorities of the
13 State receiving assistance.
14 Article 4. Whenever any person holds a license, certificate
15 or other permit issued by any State evidencing the meeting of
16 qualifications for professional, mechanical or other skills,
17 such person may render aid involving such skill in any party
18 State to meet an emergency or disaster and such State shall give
19 due recognition to such license, certificate or other permit as
20 if issued in the State in which aid is rendered.
21 Article 5. No party State or its officers or employees
22 rendering aid in another State pursuant to this compact shall be
23 liable on account of any act or omission in good faith on the
24 part of such forces while so engaged or on account of the
25 maintenance or use of any equipment or supplies in connection
26 therewith.
27 Article 6. Inasmuch as it is probable that the pattern and
28 detail of the machinery for mutual aid among two or more States
29 may differ from that appropriate among other States party
30 hereto, this instrument contains elements of a broad base common
19770S1104B2107 - 11 -
1 to all States and nothing herein contained shall preclude any
2 State from entering into supplementary agreements with another
3 State or States. Such supplementary agreements may comprehend
4 but shall not be limited to provisions for evacuation and
5 reception of injured and other persons and the exchange of
6 medical, fire, police, public utility, reconnaissance, welfare,
7 transportation and communications personnel, equipment and
8 supplies.
9 Article 7. Each party State shall provide for the payment of
10 compensation and death benefits to injured members of the civil
11 defense forces of that State and the representatives of deceased
12 members of such forces in case such members sustain injuries or
13 are killed while rendering aid pursuant to this compact in the
14 same manner and on the same terms as if the injury or death were
15 sustained within such State.
16 Article 8. Any party State rendering aid in another State
17 pursuant to this compact shall be reimbursed by the party State
18 receiving such aid for any loss or damage to or expense incurred
19 in the operation of any equipment answering a request for aid
20 and for the cost incurred in connection with such requests:
21 Provided, That any aiding party State may assume in whole or in
22 part such loss, damage, expense or other cost, or may loan such
23 equipment or donate such services to the receiving party State
24 without charge or cost: And, provided further, That any two or
25 more party States may enter into supplementary agreements
26 establishing a different allocation of costs as among those
27 States. The United States Government may relieve the party State
28 receiving aid from any liability and reimburse the party State
29 supplying civil defense forces for the compensation paid to and
30 the transportation, subsistence and maintenance expenses of such
19770S1104B2107 - 12 -
1 forces during the time of the rendition of such aid or
2 assistance outside the State and may also pay fair and
3 reasonable compensation for the use or utilization of the
4 supplies, materials, equipment or facilities so utilized or
5 consumed.
6 Article 9. Plans for the orderly evacuation and reception of
7 the civilian population as the result of an emergency or
8 disaster shall be worked out from time to time between
9 representatives of the party States and the various local civil
10 defense areas thereof. Such plans shall include the manner of
11 transporting such evacuees, the number of evacuees to be
12 received in different areas, the manner in which food, clothing,
13 housing, and medical care will be provided, the registration of
14 the evacuees, the providing of facilities for the notification
15 of relatives or friends and the forwarding of such evacuees to
16 other areas, or the bringing in of additional materials,
17 supplies and all other relevant factors. Such plans shall
18 provide that the party State receiving evacuees shall be
19 reimbursed generally for the out-of-pocket expenses incurred in
20 receiving and caring for such evacuees, for expenditures for
21 transportation, food, clothing, medicines and medical care and
22 like items. Such expenditures shall be reimbursed by the party
23 State of which the evacuees are residents or by the United
24 States Government under plans approved by it. After the
25 termination of the emergency or disaster the party State of
26 which the evacuees are resident shall assume the responsibility
27 for the ultimate support or repatriation of such evacuees.
28 Article 10. This compact shall be available to any State,
29 territory or possession of the United States and the District of
30 Columbia. The term "State" may also include any neighboring
19770S1104B2107 - 13 -
1 foreign country or province or state thereof.
2 Article 11. The committee established pursuant to Article 1
3 of this compact may request the Civil Defense Agency of the
4 United States Government to act as an informational and
5 coordinating body under this compact and representatives of such
6 agency of the United States Government may attend meetings of
7 such committee.
8 Article 12. This compact shall become operative immediately
9 upon its ratification by any State as between it and any other
10 State or States so ratifying, and shall be subject to approval
11 by Congress unless prior Congressional approval has been given.
12 Duly authenticated copies of this compact and of such
13 supplementary agreements as may be entered into shall, at the
14 time of their approval, be deposited with each of the party
15 States and with the Civil Defense Agency and other appropriate
16 agencies of the United States Government.
17 Article 13. This compact shall continue in force and remain
18 binding on each party State until the Legislature or the
19 Governor of such party State takes action to withdraw therefrom.
20 Such action shall not be effective until 30 days after notice
21 thereof has been sent by the Governor of the party State
22 desiring to withdraw to the Governors of all other party States.
23 Article 14. This compact shall be construed to effectuate
24 the purposes stated in Article 1. If any provision of this
25 compact is declared unconstitutional or the applicability
26 thereof to any person or circumstance is held invalid, the
27 constitutionality of the remainder of this compact and the
28 applicability thereof to other persons and circumstances shall
29 not be affected thereby.
30 CHAPTER 73
19770S1104B2107 - 14 -
1 COMMONWEALTH SERVICES
2 Subchapter
3 A. The Governor and Disaster Emergencies
4 B. Office of Emergency Preparedness <--
5 B. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY <--
6 SUBCHAPTER A
7 THE GOVERNOR AND DISASTER EMERGENCIES
8 Sec.
9 7301. General authority of Governor.
10 7302. Temporary housing.
11 7303. Debris and wreckage removal.
12 7304. Community disaster loans.
13 7305. Individual and family assistance.
14 7306. Appropriation of Federal funds.
15 7307. Use and appropriation of unused Commonwealth funds.
16 7308. EMERGENCY ASSIGNMENTS. <--
17 § 7301. General authority of Governor.
18 (a) Responsibility to meet disasters.--The Governor is
19 responsible for meeting the dangers to this Commonwealth and
20 people presented by disasters.
21 (b) Executive orders, proclamations and regulations.--Under
22 this part, the Governor may issue, amend and rescind executive
23 orders, proclamations and regulations which shall have the force
24 and effect of law.
25 (c) Declaration of disaster emergency.--A disaster emergency
26 shall be declared by executive order or proclamation of the
27 Governor upon finding that a disaster has occurred or that the
28 occurrence or the threat of a disaster is imminent. The state of
29 disaster emergency shall continue until the Governor finds that
30 the threat or danger has passed or the disaster has been dealt
19770S1104B2107 - 15 -
1 with to the extent that emergency conditions no longer exist and
2 terminates the state of disaster emergency by executive order or
3 proclamation, but no state of disaster emergency may continue
4 for longer than 90 days unless renewed by the Governor. The
5 General Assembly by concurrent resolution may terminate a state
6 of disaster emergency at any time. Thereupon, the Governor shall
7 issue an executive order or proclamation ending the state of
8 disaster emergency. All executive orders or proclamations issued
9 under this subsection shall indicate the nature of the disaster,
10 the area or areas threatened and the conditions which have
11 brought the disaster about or which make possible termination of
12 the state of disaster emergency. An executive order or
13 proclamation shall be disseminated promptly by means calculated
14 to bring its contents to the attention of the general public
15 and, unless the circumstances attendant upon the disaster
16 prevent or impede, shall be promptly filed with the Office of <--
17 Emergency Preparedness PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY <--
18 and the Legislative Reference Bureau for publication under Part
19 II of Title 45 (relating to publication and effectiveness of
20 Commonwealth documents).
21 (d) Activation of disaster response.--An executive order or
22 proclamation of a state of disaster emergency shall activate the
23 disaster response and recovery aspects of the Commonwealth and
24 local disaster emergency plans applicable to the political
25 subdivision or area in question and shall be authority for the
26 deployment and use of any forces to which the plan or plans
27 apply and for use or distribution of any supplies, equipment and
28 materials and facilities assembled, stockpiled or arranged to be
29 made available pursuant to this part or any other provision of
30 law relating to disaster emergencies.
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1 (e) Commander in chief of military forces.--During the
2 continuance of any state of disaster emergency, the Governor is
3 commander in chief of the Pennsylvania military forces. To the
4 greatest extent practicable, the Governor shall delegate or
5 assign command authority by prior arrangement embodied in
6 appropriate executive orders or regulations, but this does not
7 restrict the authority of the Governor to do so by orders issued
8 at the time of the disaster emergency.
9 (f) Additional powers.--In addition to any other powers
10 conferred upon the Governor by law, the Governor may:
11 (1) Suspend the provisions of any regulatory statute
12 prescribing the procedures for conduct of Commonwealth
13 business, or the orders, rules or regulations of any
14 Commonwealth agency, if strict compliance with the provisions
15 of any statute, order, rule or regulation would in any way
16 prevent, hinder or delay necessary action in coping with the
17 emergency.
18 (2) Utilize all available resources of the Commonwealth
19 Government and each political subdivision of this
20 Commonwealth as reasonably necessary to cope with the
21 disaster emergency.
22 (3) Transfer the direction, personnel or functions of
23 Commonwealth agencies or units thereof for the purpose of
24 performing or facilitating emergency services.
25 (4) Subject to any applicable requirements for
26 compensation under section 7313(11) (relating to powers and
27 duties), commandeer or utilize any private property if
28 necessary to cope with the disaster emergency.
29 (5) Direct and compel the evacuation of all or part of
30 the population from any stricken or threatened area within
19770S1104B2107 - 17 -
1 this Commonwealth if this action is necessary for the
2 preservation of life or other disaster mitigation, response
3 or recovery.
4 (6) Prescribe routes, modes of transportation and
5 destinations in connection with evacuation.
6 (7) Control ingress and egress to and from a disaster
7 area, the movement of persons within the area and the
8 occupancy of premises therein.
9 (8) Suspend or limit the sale, dispensing or
10 transportation of alcoholic beverages, firearms, explosives
11 and combustibles.
12 § 7302. Temporary housing.
13 (a) Authority of Governor.--Whenever the Governor has
14 proclaimed a disaster emergency under this part, or the
15 President has declared an emergency or a major disaster to exist
16 in this Commonwealth, the Governor is authorized:
17 (1) To enter into purchase, lease or other arrangements
18 with any Federal agency for temporary housing units to be
19 occupied by disaster victims and to make the units available
20 to any political subdivision of this Commonwealth NAMED AS A <--
21 PARTY TO THE EMERGENCY OR DISASTER DECLARATION.
22 (2) To assist any political subdivision of this
23 Commonwealth which is the locus of temporary housing for
24 disaster victims to acquire sites necessary for such
25 temporary housing and to do all things required to prepare
26 such sites to receive and utilize temporary housing units by:
27 (i) advancing or lending funds available to the
28 Governor from any appropriation made by the General
29 Assembly or from any other source;
30 (ii) "passing through" funds made available by any
19770S1104B2107 - 18 -
1 agency, public or private; or
2 (iii) becoming a copartner with the political
3 subdivision for the execution and performance of any
4 temporary housing for disaster victims project;
5 and for such purposes to pledge the credit of the
6 Commonwealth on such terms as the Governor deems appropriate
7 having due regard for current debt transactions of the
8 Commonwealth.
9 (3) Under such regulations as the Governor shall
10 prescribe, to temporarily suspend or modify for not to exceed
11 60 days any public health, safety, zoning, transportation
12 (within or across this Commonwealth) or other requirement of
13 statute or regulation within this Commonwealth when by
14 proclamation the Governor deems the suspension or
15 modification essential to provide temporary housing for
16 disaster victims.
17 (b) Acquisition of sites by political subdivisions.--Any
18 political subdivision of this Commonwealth is expressly
19 authorized to acquire, temporarily or permanently, by purchase,
20 lease or otherwise, sites required for installation of temporary
21 housing units for disaster victims, and to enter into whatever
22 arrangements (including purchase of temporary housing units and <--
23 payment of transportation charges) which are necessary to
24 prepare or equip the sites to utilize the housing units.
25 (c) Construction of section.--This section does not limit
26 the authority of the Governor to apply for, administer and
27 expend any grants, gifts or payments in aid of disaster
28 prevention, preparedness, response or recovery.
29 (d) Definitions.--As used in this section "major disaster,"
30 "emergency" and "temporary housing" shall have the same meanings
19770S1104B2107 - 19 -
1 as defined or used in the Federal Disaster Relief Act of 1974
2 (Public Law 93-288, 42 U.S.C. § 5121 et seq.).
3 § 7303. Debris and wreckage removal.
4 (a) Authority of Governor.--Whenever the Governor has
5 declared a disaster emergency to exist under this part, or the
6 President, at the request of the Governor, has declared a major
7 disaster or emergency to exist in this Commonwealth, the
8 Governor is authorized:
9 (1) Notwithstanding any other provision of law, through
10 the use of Commonwealth agencies or instrumentalities, to
11 clear or remove from publicly or privately owned land or
12 water, debris and wreckage which may threaten public health
13 or safety, or public or private property.
14 (2) To accept funds from the Federal Government and
15 utilize the funds to OR TO REIMBURSE make grants to any <--
16 political subdivision for the purpose of removing debris or
17 wreckage from publicly or privately owned land or water.
18 (b) Authority of Commonwealth personnel.--Whenever the
19 Governor provides for clearance of debris or wreckage pursuant
20 to subsection (a), employees of the designated Commonwealth
21 agencies or individuals appointed by the Commonwealth are
22 authorized to enter upon private land or waters and perform any
23 tasks necessary to the removal or clearance operation.
24 (c) Nonliability of Commonwealth personnel.--Except in cases
25 of willful misconduct, gross negligence or bad faith, any
26 Commonwealth employee or agent complying with and performing
27 duties pursuant to orders of the Governor under this section
28 shall not be liable for death of or injury to persons or damage
29 to property.
30 § 7304. Community disaster loans.
19770S1104B2107 - 20 -
1 Whenever, at the request of the Governor, the President has
2 declared a major disaster to exist in this Commonwealth, the
3 Governor is authorized:
4 (1) Upon determining that a political subdivision of
5 this Commonwealth will suffer a substantial loss of tax and
6 other revenues from a major disaster and has demonstrated a
7 need for financial assistance to perform its governmental
8 functions, to apply to the Federal Government, on behalf of
9 the political subdivision, for a loan and to receive and
10 disburse the proceeds of any approved loan to any applicant
11 political subdivision.
12 (2) To determine the amount needed by any applicant
13 political subdivision to restore or resume its governmental
14 functions and to certify the amount to the Federal
15 Government. No application amount shall exceed 25% of the
16 annual operating budget of the applicant for the fiscal year
17 in which the major disaster occurs.
18 (3) After review, recommend to the Federal Government
19 the cancellation of all or any part of repayment when, in the
20 first three full fiscal-year periods following the major
21 disaster, the revenues of the political subdivision are
22 insufficient to meet its operating expenses including
23 additional disaster-related expenses of a municipal operation
24 character.
25 § 7305. Individual and family assistance.
26 (a) Grants by Federal Government.--Whenever the President,
27 at the request of the Governor, has declared a major disaster to
28 exist in this Commonwealth, the Governor is authorized:
29 (1) Upon determining that assistance under the Federal
30 Disaster Relief Act of 1974 (Public Law 93-288, 42 U.S.C. §
19770S1104B2107 - 21 -
1 5121 et seq.), and from other means is insufficient to meet
2 the disaster-related necessary expenses or serious needs of
3 individuals or families adversely affected by a major
4 disaster, to accept a grant from the Federal Government for
5 the purpose of meeting the expenses or needs of disaster
6 victims, subject to any terms and conditions imposed upon the
7 grant.
8 (2) To enter into an agreement with the Federal
9 Government or any Federal agency or officer pledging the
10 Commonwealth to participate in the funding of the assistance
11 authorized in paragraph (1) in an amount not to exceed 25% <--
12 thereof and, if Commonwealth funds are not otherwise
13 available to the Governor, to accept an advance of the
14 Commonwealth share from the Federal Government to be repaid
15 when the Commonwealth is able to do so.
16 (b) Grants by Governor.--To implement subsection (a), the
17 Governor is authorized to make grants to meet disaster-related
18 necessary expenses or serious needs of individuals or families
19 adversely affected by a major disaster declared by the
20 President. Any grant shall not exceed $5,000 in the aggregate to
21 an individual or family in any single major disaster.
22 (c) Penalty for false application.--Any person who
23 fraudulently or willfully makes a misstatement of fact in
24 connection with an application for assistance under this section
25 shall be guilty of a misdemeanor of the third degree.
26 § 7306. Appropriation of Federal funds.
27 All moneys received from the Federal Government for the
28 purpose of disaster assistance or relief, including assistance
29 as specified under sections 7302 (relating to temporary
30 housing), 7303 (relating to debris and wreckage removal) and
19770S1104B2107 - 22 -
1 7304 (relating to community disaster loans), shall be paid into
2 the General Fund.
3 § 7307. Use and appropriation of unused Commonwealth funds.
4 Whenever the Governor has declared a disaster emergency, he
5 may transfer any unused funds which may have been appropriated
6 for the ordinary expenses of the Commonwealth Government in the
7 General Fund to such Commonwealth agencies as the Governor may
8 direct to be expended for relief of disaster in such manner as
9 the Governor shall approve, and the funds are hereby
10 appropriated to the Governor for such purposes. The total of
11 such transfers shall not exceed $5,000,000 in any one year
12 except by action of the General Assembly.
13 § 7308. EMERGENCY ASSIGNMENTS. <--
14 IN THE CASE OF A DECLARATION OF A STATE OF EMERGENCY BY THE
15 GOVERNOR, STATE AGENCIES MAY IMPLEMENT THEIR EMERGENCY
16 ASSIGNMENTS WITHOUT REGARD TO PROCEDURES REQUIRED BY OTHER LAWS
17 (EXCEPT MANDATORY CONSTITUTIONAL REQUIREMENTS) PERTAINING TO THE
18 PERFORMANCE OF PUBLIC WORK, ENTERING INTO CONTRACTS, INCURRING
19 OF OBLIGATIONS, EMPLOYMENT OF TEMPORARY WORKERS, RENTAL OF
20 EQUIPMENT, PURCHASE OF SUPPLIES AND MATERIALS AND EXPENDITURES
21 OF PUBLIC FUNDS.
22 SUBCHAPTER B
23 OFFICE OF EMERGENCY PREPAREDNESS <--
24 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY
25 Sec.
26 7311. Establishment CREATION AND ORGANIZATION OF AGENCY. <--
27 7312. Organization.
28 7313. Powers and duties.
29 7314. Utilization of existing services and facilities.
30 § 7311. Establishment. <--
19770S1104B2107 - 23 -
1 There is hereby established the Office of Emergency
2 Preparedness to assist in the direction, control and
3 coordination of disaster emergency services.
4 § 7312. Organization.
5 (a) Composition, chairman and quorum.--The authority of the
6 office shall be exercised by the Governor ex officio, Lieutenant
7 Governor, Adjutant General, Secretary of Health, Attorney
8 General, Secretary of Community Affairs, Speaker of the House of
9 Representatives, President pro tempore of the Senate, Minority
10 Leader of the Senate, Minority Leader of the House of
11 Representatives, Commissioner of the Pennsylvania State Police,
12 Secretary of Environmental Resources, Secretary of
13 Transportation and Secretary of Public Welfare. The Speaker of
14 the House of Representatives, President pro tempore of the
15 Senate, Minority Leader of the Senate and Minority Leader of the
16 House of Representatives may authorize a member of their
17 respective Houses of the General Assembly to serve in their
18 stead. The Governor shall appoint a chairman from the membership
19 and five members shall constitute a quorum.
20 (b) Compensation and expenses.--The members shall serve
21 without compensation but may be reimbursed for their actual and
22 necessary traveling and other expenses incurred in connection
23 with attendance at meetings.
24 (c) Appointment of personnel and expenditure of funds.--The
25 members may employ a Director of Emergency Preparedness and such
26 technical, clerical, stenographic and other personnel, whose
27 compensation shall be fixed by the Executive Board, and may make
28 such expenditures within the appropriation therefor or other
29 funds made available to the office as are necessary to carry out
30 the purposes of this part.
19770S1104B2107 - 24 -
1 (d) Space, equipment and supplies.--The office shall be
2 provided with appropriate space, furniture, equipment, supplies,
3 stationery and printing in the same manner as other Commonwealth
4 agencies are supplied. Required communications capability shall
5 be provided and special consideration shall be given to blast
6 and fallout protection to permit extended operations.
7 § 7311. CREATION AND ORGANIZATION OF AGENCY. <--
8 TO ASSURE PROMPT, PROPER AND EFFECTIVE DISCHARGE OF BASIC
9 COMMONWEALTH RESPONSIBILITIES RELATING TO CIVIL DEFENSE AND
10 DISASTER PREPAREDNESS, OPERATIONS AND RECOVERY, THERE IS HEREBY
11 FORMALLY CREATED THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.
12 § 7312. ORGANIZATION.
13 THIS AGENCY SHALL CONSIST OF AND BE ORGANIZED SUBSTANTIALLY
14 AS FOLLOWS:
15 (A) COUNCIL.--PRIMARY RESPONSIBILITY FOR OVERALL POLICY AND
16 DIRECTION OF A STATEWIDE CIVIL DEFENSE AND DISASTER PROGRAM AND
17 RESPONSE CAPABILITY OF THE TYPE HEREINAFTER PRESCRIBED SHALL BE
18 VESTED IN A BODY LEGALLY KNOWN AS THE PENNSYLVANIA EMERGENCY
19 MANAGEMENT COUNCIL, WHICH SHALL BE COMPOSED OF: THE GOVERNOR,
20 LIEUTENANT GOVERNOR, THE ADJUTANT GENERAL, SECRETARY OF HEALTH,
21 ATTORNEY GENERAL, SECRETARY OF COMMUNITY AFFAIRS, SECRETARY OF
22 ENVIRONMENTAL RESOURCES, SECRETARY OF TRANSPORTATION, SECRETARY
23 OF AGRICULTURE, SECRETARY OF PUBLIC WELFARE, COMMISSIONER OF THE
24 PENNSYLVANIA STATE POLICE, CHAIRMAN OF THE PUBLIC UTILITY
25 COMMISSION, SPEAKER OF THE HOUSE OF REPRESENTATIVES, PRESIDENT
26 PRO TEMPORE OF THE SENATE, MINORITY LEADER OF THE SENATE AND
27 MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES MAY AUTHORIZE A
28 MEMBER OF THEIR RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY TO
29 SERVE IN THEIR STEAD. THE GOVERNOR MAY DESIGNATE A MEMBER TO
30 SERVE AS CHAIRMAN. FIVE MEMBERS SHALL CONSTITUTE A QUORUM.
19770S1104B2107 - 25 -
1 (B) COMPENSATION AND EXPENSES.--THE MEMBERS SHALL SERVE
2 WITHOUT COMPENSATION, BUT MAY BE REIMBURSED FOR THEIR ACTUAL AND
3 NECESSARY TRAVELING AND OTHER EXPENSES INCURRED IN CONNECTION
4 WITH ATTENDANCE AT MEETINGS.
5 (C) REGULAR MEETINGS.--FOR THE CONDUCT OF ROUTINE BUSINESS,
6 INCLUDING PARTICULARLY THE CONSIDERATION OF MATTERS OF BASIC
7 POLICY, THE COUNCIL SHALL MEET AT THE CALL OF THE CHAIRMAN AND
8 AT LEAST THREE TIMES DURING EACH CALENDAR YEAR.
9 (D) EMERGENCY MEETINGS.--IN THE EVENT OF ATTACK OR DISASTER
10 SITUATIONS DETERMINED ACTUALLY OR LIKELY TO BE OF SUCH NATURE,
11 MAGNITUDE, SEVERITY OR DURATION AS TO NECESSITATE EXTENSIVE OR
12 EXTRAORDINARY DEPLOYMENT AND USE OF COMMONWEALTH RESOURCES FOR
13 EMERGENCY PURPOSES, THE CHAIRMAN SHALL, WITHIN NOT MORE THAN 48
14 HOURS IMMEDIATELY FOLLOWING SUCH DETERMINATION, CALL THE COUNCIL
15 INTO EMERGENCY SESSION, FOR CONSIDERATION OF ACTIONS TAKEN OR TO
16 BE TAKEN. IN THE ABSENCE OF THE CHAIRMAN, NOTICE OF SUCH
17 MEETINGS SHALL BE DISSEMINATED TO THE MEMBERSHIP BY THE STATE
18 DIRECTOR.
19 (E) STATE DIRECTOR.--TO SUPERVISE THE WORK AND ACTIVITIES
20 COMPRISING THE STATE CIVIL DEFENSE AND DISASTER PROGRAM, THE
21 COUNCIL SHALL EMPLOY AN INDIVIDUAL TO ACT, ON A FULL-TIME BASIS,
22 AS DIRECTOR OF THE STATE AGENCY. THE DIRECTOR SHALL SERVE AT THE
23 PLEASURE OF THE COUNCIL, SHALL PERFORM ALL SUCH FISCAL,
24 PLANNING, ADMINISTRATIVE, OPERATIONAL AND OTHER DUTIES AS MAY BE
25 ASSIGNED TO HIM BY THE COUNCIL AND SHALL ACT AS THE CHAIRMAN'S
26 PRINCIPAL ASSISTANT IN CIVIL DEFENSE AND DISASTER MATTERS. THE
27 DIRECTOR IS ALSO THE STATE COORDINATING OFFICER RESPONSIBLE TO
28 COORDINATE AND SUPERVISE THE STATE AND LOCAL DISASTER RESPONSE
29 EFFORT FOLLOWING A PRESIDENTIAL DECLARATION OF AN EMERGENCY OR A
30 MAJOR DISASTER.
19770S1104B2107 - 26 -
1 (F) STAFF.--THE COUNCIL SHALL, WITHIN THE LIMITATIONS OF
2 APPROPRIATIONS MADE TO THE AGENCY, ARRANGE FOR THE EMPLOYMENT OF
3 SUCH PROFESSIONAL, TECHNICAL, ADMINISTRATIVE AND OTHER STAFF
4 PERSONNEL AS MAY BE DEEMED ESSENTIAL TO THE DEVELOPMENT AND
5 MAINTENANCE OF A STATEWIDE CIVIL DEFENSE AND DISASTER PLAN AND
6 PROGRAM OF THE TYPE HEREINAFTER PRESCRIBED. ALL SUCH PERSONNEL
7 SHALL BE EMPLOYED AND SUBJECT TO PERTINENT PROVISIONS OF THE ACT
8 OF AUGUST 5, 1941 (P.L.752, NO.286), KNOWN AS THE "CIVIL SERVICE
9 ACT," AND THE COMMONWEALTH COMPENSATION PLAN.
10 (G) OFFICE SPACE, EQUIPMENT AND SERVICES.--THE COUNCIL SHALL
11 BE FURNISHED NECESSARY AND APPROPRIATE OFFICE SPACE, FURNITURE,
12 EQUIPMENT, SUPPLIES AND SERVICES IN THE SAME GENERAL MANNER AS
13 ARE OTHER COMMONWEALTH DEPARTMENTS AND AGENCIES.
14 (H) WEATHER COMMUNICATIONS.--THE AGENCY SHALL MAINTAIN AN
15 INTEGRATED COMMUNICATIONS CAPABILITY DESIGNED TO PROVIDE TO ALL
16 AREAS AND COUNTIES WEATHER ADVISORIES, RIVER FORECASTS,
17 WARNINGS, AND DIRECTION AND CONTROL OF ALL EMERGENCY
18 PREPAREDNESS FUNCTIONS WITHIN THE COMMONWEALTH.
19 (I) ADMINISTRATIVE PROVISIONS.--EXCEPT AS OTHERWISE PROVIDED
20 IN THIS ACT, THE OFFICE SHALL BE SUBJECT TO THE PROVISIONS OF
21 THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE
22 ADMINISTRATIVE CODE OF 1929."
23 § 7313. Powers and duties.
24 The office AGENCY shall have the following powers and duties: <--
25 (1) To prepare, maintain and keep current a Commonwealth <--
26 PENNSYLVANIA Emergency Preparedness MANAGEMENT Plan for the <--
27 prevention and minimization of injury and damage cuased by
28 disaster, prompt and effective response to disaster and
29 disaster emergency relief and recovery. The plan may include
30 provisions for:
19770S1104B2107 - 27 -
1 (i) Preparedness standards established by the
2 Federal Defense Civil Preparedness Agency EMERGENCY <--
3 MANAGEMENT AGENCY.
4 (ii) Commonwealth and local disaster emergency
5 preparedness MANAGEMENT responsibilities. <--
6 (iii) Assistance to Commonwealth and local
7 government officials in designing emergency preparedness <--
8 MANAGEMENT plans and training programs. <--
9 (iv) Organization of manpower, chains of command,
10 continuity of government in emergency situations and
11 emergency operational principles.
12 (v) Coordination of Federal, Commonwealth and local
13 disaster emergency preparedness MANAGEMENT activities. <--
14 (vi) Coordination of the Commonwealth Emergency
15 Preparedness MANAGEMENT Plan with the disaster plans of <--
16 the Federal Government and those of other states.
17 (vii) Assistance to the Commonwealth and local
18 governments in obtaining, utilizing and managing Federal
19 and Commonwealth disaster assistance.
20 (viii) Supply to appropriate Commonwealth and local
21 officials State catalogs of Federal, Commonwealth and
22 private assistance programs.
23 (ix) Identification of areas particularly vulnerable
24 to disasters.
25 (x) Recommendations for zoning, building and other
26 land-use controls; safety measures pertaining to
27 nonpermanent or semipermanent structures; resource
28 conservation and allocation; and other preventive and
29 preparedness measures designed to eliminate or reduce
30 disasters or their impact.
19770S1104B2107 - 28 -
1 (xi) Authorization and procedures for the erection
2 or other construction of temporary works designed to
3 protect against or mitigate danger, damage or loss from
4 flood, conflagration or other disaster.
5 (2) To establish, equip and staff A Commonwealth and <--
6 area emergency operations centers CENTER WITH A CONSOLIDATED <--
7 STATEWIDE SYSTEM OF WARNING and provide a system of disaster
8 communications integrated with those of Federal, Commonwealth
9 and local agencies involved in disaster emergency operations.
10 (3) To promulgate, adopt and enforce such rules,
11 regulations and orders as may be deemed necessary to carry
12 out the provisions of this part.
13 (4) To provide technical advice and assistance to
14 Commonwealth agencies and political subdivisions in the
15 preparation of disaster emergency preparedness MANAGEMENT <--
16 plans or components thereof and to periodically review such
17 plans and suggest or require revisions.
18 (5) To establish and operate or assist political
19 subdivisions in establishing and operating training programs
20 and programs of public information.
21 (6) To supply appropriate Commonwealth and local
22 agencies and officials and the general public with
23 precautionary notices, watches and warnings relating to
24 actual and potential disasters and to provide a flow of
25 official information and instructions to the general public
26 through all means available before, during and after an
27 emergency.
28 (7) To provide emergency direction and control of
29 Commonwealth and local emergency operations.
30 (8) To determine the need for, maintain information
19770S1104B2107 - 29 -
1 regarding and procure materials, supplies, equipment,
2 facilities and services necessary for disaster emergency
3 readiness, response and recovery.
4 (9) To provide for mobile support units. <--
5 (10) (9) To make or request of Commonwealth or local
6 agencies and officials, studies, surveys and reports as are
7 necessary to carry out the purposes of this part.
8 (11) (10) To plan and make arrangements for the <--
9 availability and use of any private facilities, services and
10 property and, if necessary and if in fact used, provide for
11 payment for use under terms and conditions agreed upon.
12 (12) (11) To prepare, for issuance by the Governor, <--
13 executive orders, proclamations and regulations as necessary
14 or appropriate in coping with disasters.
15 (13) (12) To cooperate with the Federal Government and <--
16 any public or private agency or entity in achieving any
17 purpose of this part and in implementing programs for
18 disaster prevention, preparation, response and recovery.
19 (14) (13) To administer grant programs to political <--
20 subdivisions for disaster preparedness MANAGEMENT. <--
21 (15) (14) To accept and coordinate assistance provided <--
22 by Federal agencies in major disasters in accordance with the
23 provisions of the Federal Disaster Relief Act of 1974 (Public
24 Law 93-288, 42 U.S.C. § 5121 et seq.), or any amendment or
25 reenactment thereof.
26 (16) (15) To respond to disaster relating to atomic <--
27 energy operations or radioactive objects or materials. Any
28 such action taken and any regulations adopted by the office
29 shall be inapplicable to any objects or materials possessing
30 a radiation-producing capacity less than that set forth as
19770S1104B2107 - 30 -
1 the maximum safety limit by the standards endorsed and as may
2 be subsequently endorsed by the United States Nuclear
3 Regulatory Commission for the protection of life and property
4 and the maintenance of health and safety.
5 (17) (16) To take other action necessary, incidental or <--
6 appropriate for the implementation of this part.
7 (17) TO REPORT ANNUALLY TO THE GENERAL ASSEMBLY THE <--
8 STATE OF PREPAREDNESS OF THE COMMONWEALTH TO DEAL WITH ATTACK
9 OR DISASTER AND THOSE SIGNIFICANT EVENTS OCCURRING WITHIN THE
10 PAST YEAR.
11 (18) TO RECOMMEND TO THE GOVERNOR LEGISLATION OR OTHER
12 ACTIONS AS DEEMED NECESSARY IN CONNECTION WITH THE PURPOSES
13 OF THIS PART.
14 (19) TO PROVIDE, FROM ITS OWN STOCKPILES OR OTHER
15 SOURCES, EMERGENCY OPERATIONAL EQUIPMENT, MATERIALS AND
16 SUPPLIES REQUIRED AND AVAILABLE FOR ESSENTIAL SUPPLEMENTATION
17 OF THOSE OWNED, ACQUIRED AND USED BY STATE, COUNTY AND LOCAL
18 DEPARTMENTS AND AGENCIES FOR ATTACK AND DISASTER OPERATIONS.
19 (20) FOR A PERIOD OF 30 DAYS OR IMMEDIATELY AFTER AN
20 EMERGENCY IS DECLARED BY THE GOVERNOR, TO INCUR OBLIGATIONS
21 FOR OR PURCHASE SUCH MATERIALS AND SUPPLIES AS MAY BE
22 NECESSARY TO COMBAT A DISASTER, PROTECT THE HEALTH AND SAFETY
23 OF PERSONS AND PROPERTY AND PROVIDE EMERGENCY ASSISTANCE TO
24 VICTIMS OF A DISASTER WITHOUT COMPLYING WITH FORMAL BIDDING
25 OR OTHER TIME-CONSUMING CONTRACT PROCEDURES.
26 § 7314. Utilization of existing services and facilities.
27 In order to avoid duplication of services and facilities, the
28 office AGENCY shall utilize the services and facilities of <--
29 existing officers, offices, departments, commissions, boards,
30 bureaus, institutions and other agencies of the Commonwealth and
19770S1104B2107 - 31 -
1 of the political subdivisions thereof. These officers and
2 agencies shall cooperate with and extend their services and
3 facilities to the office AGENCY as requested. <--
4 CHAPTER 75
5 LOCAL ORGANIZATIONS AND SERVICES
6 Subchapter
7 A. General Provisions
8 B. Payment of Expenses
9 SUBCHAPTER A
10 GENERAL PROVISIONS
11 Sec.
12 7501. General authority of political subdivisions.
13 7502. Local director COORDINATOR of emergency <--
14 preparedness MANAGEMENT. <--
15 7503. Powers and duties of political subdivisions.
16 7504. Coordination, assistance and mutual aid.
17 § 7501. General authority of political subdivisions.
18 (a) Establishing disaster emergency preparedness MANAGEMENT <--
19 organization.--Each political subdivision of this Commonwealth
20 is directed and authorized to establish a local emergency
21 preparedness MANAGEMENT organization in accordance with the plan <--
22 and program of the State Office of Emergency Preparedness <--
23 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY. Each local <--
24 organization shall have responsibility for disaster emergency <--
25 preparedness MANAGEMENT, response and recovery within the <--
26 territorial limits of the political subdivision within which it
27 is organized and, in addition, shall conduct such services
28 outside of its jurisdictional limits as may be required under
29 this part.
30 (b) Declaration of disaster emergency.--A local disaster
19770S1104B2107 - 32 -
1 emergency may be declared by the governing body of a political
2 subdivision upon finding a disaster has occurred or is imminent.
3 The governing body of a political subdivision may authorize the
4 mayor or other chief executive officer to declare a local
5 disaster emergency subject to ratification by the governing
6 body. The declaration shall not be continued or renewed for a
7 period in excess of seven days except by or with the consent of
8 the governing body of the political subdivision. Any order or
9 proclamation declaring, continuing or terminating a local
10 disaster emergency shall be given prompt and general publicity
11 and shall be filed promptly with the State office AGENCY. The <--
12 effect of a declaration of a local disaster emergency is to
13 activate the response and recovery aspects of any and all
14 applicable local emergency preparedness MANAGEMENT plans and to <--
15 authorize the furnishing of aid and assistance thereunder.
16 (c) Contracts and obligations.--In carrying out the
17 provisions of this part, each political subdivision shall have
18 the power to enter into contracts and incur obligations
19 necessary to disaster emergency preparedness MANAGEMENT, <--
20 response and recovery.
21 (d) Temporary suspension of formal requirements.--Each
22 political subdivision included in a declaration of disaster
23 emergency is authorized pursuant to section 7301(c) (relating to
24 general authority of Governor) to exercise the powers vested
25 under this section in the light of the exigencies of the
26 emergency situation without regard to time-consuming procedures
27 and formalities prescribed by law (excepting mandatory
28 constitutional requirements) pertaining to the performance of
29 public work, entering into contracts, the incurring of
30 obligations, the employment of temporary workers, the rental of
19770S1104B2107 - 33 -
1 equipment, the purchase of supplies and materials, the levying
2 of taxes and the appropriation and expenditure of public funds.
3 (e) Employment of personnel.--In order to meet prescribed
4 requirements for eligibility to receive Federal contributions
5 authorized under the provisions of the Federal Civil Defense Act
6 of 1950 (64 Stat. 1245, 50 U.S.C. App. § 2251 et seq.) or any
7 amendment or reenactment thereof, political subdivisions are
8 authorized to avail themselves of services offered by the State
9 Civil Service Commission under the provisions of the act of
10 August 5, 1941 (P.L.752, No.286), known as the "Civil Service
11 Act," in connection with the employment of personnel in local
12 organizations established pursuant to the provisions of this
13 part.
14 § 7502. Local director COORDINATOR of emergency <--
15 preparedness MANAGEMENT. <--
16 (a) General rule.--Each local organization for disaster OF <--
17 emergency preparedness MANAGEMENT shall have a director <--
18 COORDINATOR who shall be responsible for the planning, <--
19 administration and operation of the local organization subject
20 to the direction and control of the executive officer or
21 governing body.
22 (b) Appointment.--The director shall be appointed by the <--
23 Governor upon the recommendation of the executive officer or
24 governing body of the political subdivision. A full-time county
25 employee shall be designated as director in each county. Upon
26 the failure of the executive officer or governing body of a
27 political subdivision to make a recommendation to the Governor
28 of a candidate for director within the time fixed by the
29 Governor, the Governor is authorized to appoint a director
30 without any recommendation. A candidate for director for two or
19770S1104B2107 - 34 -
1 more political subdivisions may be recommended to the Governor
2 for appointment upon agreement by resolution of the governing
3 bodies of such political subdivisions. Any other law
4 notwithstanding, a local government official may be recommended
5 for appointment.
6 (c) Qualifications.--A director shall be professionally
7 competent and capable of planning, effecting coordination among
8 operating agencies of government and controlling coordinated
9 operations by local emergency preparedness forces. He shall be
10 assigned no duties in conflict with the primary duty of
11 director.
12 (d) In-service training.--
13 (1) Each appointed director shall:
14 (i) Attend and successfully complete a basic
15 emergency preparedness seminar as prescribed by the State
16 office within one year after appointment.
17 (ii) Attend and successfully complete an advanced
18 emergency preparedness seminar as prescribed by the State
19 office within three years after appointment.
20 (iii) Attend and successfully complete training
21 conferences called by the official having responsibility
22 for providing the director with in-service training.
23 (iv) Failure to attend the basic and advanced
24 seminars or failure to attend a prescribed training
25 conference for a period of two consecutive years shall be
26 cause for replacement.
27 (B) COUNTY COORDINATOR.--A COORDINATOR SHALL BE APPOINTED IN <--
28 ALL COUNTIES WITH APPROVAL OF THE DIRECTOR OF THE AGENCY. THE
29 EXECUTIVE OFFICER OR GOVERNING BODY OF THE COUNTY SHALL
30 RECOMMEND A COORDINATOR WHOSE RECOMMENDATION MUST BE ENDORSED BY
19770S1104B2107 - 35 -
1 THE DIRECTOR OF THE AGENCY PRIOR TO APPOINTMENT BY THE GOVERNOR.
2 UPON FAILURE OF THE EXECUTIVE OFFICER OR GOVERNING BODY OF THE
3 COUNTY TO MAKE A RECOMMENDATION OF A PERSON FOR COORDINATOR
4 WITHIN THE TIME FIXED BY THE AGENCY, THE GOVERNOR IS AUTHORIZED
5 TO APPOINT A COORDINATOR BASED UPON THE RECOMMENDATION OF THE
6 DIRECTOR OF THE AGENCY. THE COORDINATOR OF THE COUNTY
7 ORGANIZATION SHALL NOT BE ASSIGNED ANY DUTIES THAT WILL CONFLICT
8 WITH HIS DUTY AS COORDINATOR.
9 (C) LOCAL LEVEL.--AT THE LOCAL LEVEL, THE COORDINATOR SHALL
10 BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE
11 EXECUTIVE OFFICER OR GOVERNING BODY OF THE POLITICAL
12 SUBDIVISION. UPON THE FAILURE OF THE EXECUTIVE OFFICER OR
13 GOVERNING BODY OF A POLITICAL SUBDIVISION TO MAKE A
14 RECOMMENDATION TO THE GOVERNOR OF A CANDIDATE FOR COORDINATOR
15 WITHIN THE TIME FIXED BY THE AGENCY, THE GOVERNOR IS AUTHORIZED
16 TO APPOINT A COORDINATOR WITHOUT ANY RECOMMENDATION. A CANDIDATE
17 FOR COORDINATOR FOR TWO OR MORE POLITICAL SUBDIVISIONS MAY BE
18 RECOMMENDED TO THE GOVERNOR FOR APPOINTMENT UPON AGREEMENT BY
19 RESOLUTION OF THE GOVERNING BODIES OF SUCH POLITICAL
20 SUBDIVISIONS. ANY OTHER LAW NOTWITHSTANDING, A LOCAL GOVERNMENT
21 OFFICIAL MAY BE RECOMMENDED FOR APPOINTMENT.
22 (D) QUALIFICATIONS.--THE COORDINATOR SHALL BE PROFESSIONALLY
23 COMPETENT AND CAPABLE OF PLANNING, EFFECTING COORDINATION AMONG
24 OPERATING AGENCIES OF GOVERNMENT AND CONTROLLING COORDINATED
25 OPERATIONS BY LOCAL EMERGENCY PREPAREDNESS FORCES.
26 (E) IN-SERVICE TRAINING.--EACH APPOINTED COORDINATOR SHALL:
27 (1) ATTEND AND SUCCESSFULLY COMPLETE THE FIRST PHASE OF
28 THE CAREER DEVELOPMENT PROGRAM AS PRESCRIBED BY THE AGENCY
29 WITHIN ONE YEAR AFTER APPOINTMENT.
30 (2) ATTEND AND SUCCESSFULLY COMPLETE THE SECOND PHASE OF
19770S1104B2107 - 36 -
1 THE CAREER DEVELOPMENT PROGRAM AS PRESCRIBED BY THE AGENCY
2 WITHIN THREE YEARS AFTER APPOINTMENT.
3 (3) ATTEND BASIC AND ADVANCED SEMINARS, WORKSHOPS AND
4 TRAINING CONFERENCES CALLED BY THE STATE DIRECTOR AND/OR
5 OFFICIAL HAVING RESPONSIBILITY FOR PROVIDING THE COORDINATOR
6 WITH IN-SERVICE TRAINING.
7 (4) FAILURE TO ATTEND THE INSTRUCTION DESCRIBED ABOVE OR
8 FAILURE TO ATTEND A PRESCRIBED TRAINING CONFERENCE FOR A
9 PERIOD OF TWO CONSECUTIVE YEARS SHALL BE CAUSE FOR
10 REPLACEMENT.
11 (5) THE STATE DIRECTOR OF EMERGENCY MANAGEMENT MAY GRANT
12 CREDIT TOWARD MEETING THE REQUIREMENTS OF THIS SUBSECTION TO
13 APPOINTED LOCAL COORDINATORS ON THE BASIS OF PRIOR EXPERIENCE
14 AND TRAINING.
15 (2) (F) RESPONSIBILITY.--Responsibility for the professional <--
16 in-service training of each director rests with each successive
17 higher political subdivision than the one in which the director
18 is functioning.
19 (e) (G) Expenses.--Each appointed director shall be <--
20 reimbursed for actual expenses incurred in the performance of
21 his duties and attendance at scheduled meetings.
22 § 7503. Powers and duties of political subdivisions.
23 Each political subdivision shall:
24 (1) Prepare, maintain and keep current a disaster
25 emergency preparedness MANAGEMENT plan for the prevention and <--
26 minimization of injury and damage caused by disaster, prompt
27 and effective response to disaster and disaster emergency
28 relief and recovery in consonance with the Commonwealth <--
29 PENNSYLVANIA Emergency Preparedness MANAGEMENT Plan. <--
30 (2) Establish, equip and staff an emergency operations
19770S1104B2107 - 37 -
1 center, provide communications CONSOLIDATED WITH WARNING AND <--
2 COMMUNICATION SYSTEMS to support government operations in
3 emergencies and provide other essential facilities and
4 equipment for agencies and activities assigned emergency
5 functions.
6 (3) Provide individual and organizational training
7 programs to insure prompt, efficient and effective disaster
8 emergency services.
9 (4) Organize, prepare and coordinate all locally
10 available manpower, materials, supplies, equipment,
11 facilities and services necessary for disaster emergency
12 readiness, response and recovery.
13 (5) Adopt and implement precautionary measures to
14 mitigate the anticipated effects of disaster.
15 (6) Execute and enforce such rules and orders as the
16 State office AGENCY shall adopt and promulgate under the <--
17 authority of this part.
18 (7) Cooperate and coordinate with any public and private
19 agency or entity in achieving any purpose of this part.
20 (8) Have available for inspection at its emergency
21 operations center all disaster emergency EMERGENCY MANAGEMENT <--
22 plans, rules and orders of the Governor and the State office <--
23 AGENCY. <--
24 (9) Provide prompt and accurate information regarding
25 local disaster emergencies to appropriate Commonwealth and
26 local officials and agencies and the general public.
27 § 7504. Coordination, assistance and mutual aid.
28 (a) Responsibility for direction and coordination.--
29 Direction of disaster emergency MANAGEMENT services is the <--
30 responsibility of the lowest level of government affected. When
19770S1104B2107 - 38 -
1 two or more political subdivisions within a county are affected,
2 the county organization shall exercise responsibility for
3 coordination and support to the area of operations. When two or
4 more counties are involved, coordination shall be provided by
5 the State office AGENCY or by area organizations established by <--
6 the State office AGENCY. <--
7 (b) Assistance from higher government unit.--When all
8 appropriate locally available forces and resources are fully
9 committed by the affected political subdivision, assistance from
10 a higher level of government shall be provided.
11 (c) Municipal mutual aid agreements.--County and local
12 directors COORDINATORS of emergency preparedness MANAGEMENT <--
13 shall develop mutual aid agreements with adjacent political
14 subdivisions for reciprocal emergency assistance. The agreements
15 shall be consistent with the plans and programs of the State <--
16 office AGENCY. In disaster emergencies, requests for mutual aid <--
17 assistance shall be referred to the organization having
18 responsibility for coordination as specified in subsection (a)
19 and in time of emergency it shall be the duty of each local
20 organization to render assistance in accordance with the
21 provisions of the mutual aid agreements.
22 (d) Interstate mutual aid arrangements.--The director <--
23 COORDINATOR of each local organization may, subject to approval <--
24 of the Governor, enter into mutual aid arrangements with similar
25 agencies or organizations in other states for reciprocal
26 disaster emergency services.
27 (E) RATIFICATION.--MUTUAL AID AGREEMENTS SHALL BE RATIFIED <--
28 BY THE GOVERNING BODIES OF THE POLITICAL SUBDIVISIONS INVOLVED.
29 (e) (F) Control of outside support forces.--Support forces <--
30 furnished political subdivisions from outside its jurisdiction
19770S1104B2107 - 39 -
1 shall be under the operational control of the department, agency
2 or office furnishing the force.
3 SUBCHAPTER B
4 PAYMENT OF EXPENSES
5 Sec.
6 7511. Appropriations by political subdivisions.
7 7512. Law applicable to local organizations.
8 7513. Agreements among political subdivisions.
9 7514. Payments involving one political subdivision.
10 7515. Payments involving two or more political subdivisions.
11 § 7511. Appropriations by political subdivisions.
12 (a) General rule.--Every political subdivision shall have
13 the power to make appropriations for the payment of expenses of
14 the local organization in the manner provided by law for making
15 appropriations for the ordinary expenses of the political
16 subdivision. In making appropriations, the political subdivision
17 shall specify the amounts and purposes for which the moneys
18 appropriated may be used by the organization to or for which
19 such appropriation may be made.
20 (b) Two or more local organizations.--Nothing in this
21 subchapter or any other provision of this part shall be deemed
22 to limit the power of any political subdivision to appropriate
23 money for the purpose of paying the expenses of a local
24 organization having jurisdiction both within and without the
25 political subdivision even though an appropriation has been or
26 is to be made to another local organization coterminous with or
27 having jurisdiction within the political subdivision. Payments
28 on account of an appropriation under this subsection shall be
29 made pursuant to an agreement under section 7513 (relating to
30 agreements among political subdivisions) or in the form of a
19770S1104B2107 - 40 -
1 gift or grant to the political subdivision responsible in the
2 first instance for the payment of bills and claims against the
3 local organization for the payment of the expenses for which the
4 appropriation was made.
5 § 7512. Law applicable to local organizations.
6 (a) General rule.--Where the jurisdiction of the local
7 organization is coterminous with the political subdivision
8 making an appropriation for the payment of the expenses, the
9 local organization shall be deemed an agency, board or
10 commission of the political subdivision, subject to all of the
11 laws governing the making of contracts or purchases, the
12 employment of persons or otherwise incurring financial
13 obligations which apply to the political subdivision.
14 (b) Second class townships.--No purchase or purchases shall
15 be made, no contract entered into and no expenses incurred by
16 any local organization which involves the payment of more than
17 $25 out of the treasury of any second class township unless the
18 proposed expenditure has been approved in writing by the
19 township supervisors. If any purchase or contract is made or
20 other expenses incurred contrary to the provisions of this
21 subsection, the township shall not be responsible for the
22 payment thereof but the person acting for the local organization
23 in the transaction shall be personally liable for the payment.
24 § 7513. Agreements among political subdivisions.
25 (a) General rule.--Where a local organization has
26 jurisdiction in an area including all or parts of more than one
27 political subdivision which does not include the whole area of
28 any county, the political subdivisions, all or part of which lie
29 within the jurisdiction of the organization, shall, before
30 paying any expenses of the organization, enter into an agreement
19770S1104B2107 - 41 -
1 designating one of the political subdivisions as the agent of
2 each of them for the purpose of paying the expenses of the local
3 organization. The agreement shall also set forth the
4 proportionate share of the expenses of the organization to be
5 paid by each political subdivision party to the agreement and an
6 estimate of the amount required to be appropriated by each of
7 them for the purpose of paying the expenses. The agreement shall
8 be effective when approved by the corporate authorities of each
9 of the political subdivisions by a majority vote and each of the
10 subdivisions shall thereupon make an appropriation pursuant to
11 section 7511 (relating to appropriations by political
12 subdivisions) sufficient to pay its share of the expenses of the
13 organization.
14 (b) Counties.--Where the local organization has jurisdiction
15 in an area including the whole area of one or more counties
16 which is not coterminous with any one county, before paying any
17 expenses of the organization, the counties, all or part of which
18 lie within the jurisdiction of the organization, shall enter
19 into an agreement in the manner and form provided in subsection
20 (a) and with like effect, and no other political subdivision
21 lying within the jurisdiction of the organization shall be a
22 party to the agreement.
23 § 7514. Payments involving one political subdivision.
24 (a) General rule.--All bills or claims to be paid from any
25 appropriation made by a political subdivision coterminous with
26 the local organization, after first being approved by the local
27 organization or an appropriate officer thereof designated for
28 that purpose, shall be paid from the treasury of the political
29 subdivision only upon the warrant or order of the officer or
30 officers of the political subdivision designated by law to
19770S1104B2107 - 42 -
1 approve or countersign warrants or orders for the payment of the
2 ordinary expenses of the political subdivision, and shall be
3 subject to audit in the same manner as other financial
4 transactions of the political subdivision. In each case, the
5 officer or officers shall have the same power to approve or
6 disapprove as they have in case of warrants for ordinary
7 expenses of the political subdivision, and no warrant or order
8 for the payment thereof shall be issued without the approval.
9 (b) Gift or grant of money.--Any gift or grant of money made
10 to the local organization or to the political subdivision for
11 the payment of expenses incurred or to be incurred by or for the
12 organization shall be deposited in the treasury of the political
13 subdivision and shall be appropriated by the political
14 subdivision for the purpose for which the gift or grant was
15 made, and any bills or claims to be paid from the gift or grant
16 shall be paid in the manner provided in this subchapter for the
17 payment of other bills and claims against the political
18 subdivision.
19 § 7515. Payments involving two or more political subdivisions.
20 (a) General rule.--Where two or more political subdivisions
21 have entered into an agreement as provided by section 7513
22 (relating to agreements among political subdivisions), all bills
23 and claims for expenses incurred by or for the local
24 organization shall thereafter be paid in the first instance by
25 the political subdivision named as agent in the agreement in the
26 manner provided in section 7514 (relating to payments involving
27 one political subdivision) as though the organization were
28 coterminous with the political subdivision, and the organization
29 shall be subject to all of the laws governing the making of
30 contracts or purchases, the employment of persons or otherwise
19770S1104B2107 - 43 -
1 incurring financial obligations which apply to the political
2 subdivision.
3 (b) Accounting by agent.--The political subdivision
4 designated as agent shall, not later than the fifteenth day of
5 each month, submit an itemized account of the expenses of the
6 organization paid by it during the preceding calendar month to
7 each of the other political subdivisions party to the agreement,
8 together with a request for reimbursement of the proportionate
9 share of expenses agreed to be paid by each of the other
10 political subdivisions.
11 (c) Reimbursement of agent.--Each political subdivision
12 requested to make reimbursement shall do so within 30 days after
13 the request from the appropriation made for the payment of the
14 expenses of the organization and, in the event of failure to do
15 so, mandamus shall lie to compel the officers of the political
16 subdivision to pay the agreed-upon proportionate share of the
17 proper expenses of the organization out of the first moneys
18 thereafter in the treasury of the political subdivision and not
19 previously pledged to any other purpose. No political
20 subdivision may be compelled to pay for any one year an amount
21 greater than the amount estimated in the agreement as its
22 proportionate share. Any payment made by any political
23 subdivision to the political subdivision named as agent in the
24 agreement for reimbursement for the payment of the expenses of
25 the organization shall be credited by the agent political
26 subdivision to the appropriation made by it for the payment of
27 the expenses of the organization and shall be available for the
28 payment of future expenses of the organization without further
29 appropriation or action by the agent political subdivision.
30 (d) Gift or grant of money.--Any gift or grant of money made
19770S1104B2107 - 44 -
1 to or for the local organization, if made to a political
2 subdivision, shall be deposited in its treasury and be
3 appropriated by it for the purpose for which the gift or grant
4 was made and the political subdivision shall notify the
5 political subdivision named as agent in the agreement of the
6 appropriation and the purpose for which it is available. If the
7 gift or grant of money is made to the organization, it shall be
8 deposited in the treasury of the political subdivision named as
9 agent in the agreement and shall be appropriated by the
10 political subdivision for the purpose for which the gift or
11 grant was made. Any expenditure made by the agent political
12 subdivision from any gift or grant deposited in its treasury or
13 reimbursed from any gift or grant deposited in the treasury of
14 any other political subdivision shall not be included in
15 computing the reimbursement requested from any other political
16 subdivision under the agreement.
17 CHAPTER 77
18 MISCELLANEOUS PROVISIONS
19 Sec.
20 7701. Duties concerning disaster prevention.
21 7702. Acceptance of services, gifts, grants and loans.
22 7703. Interstate arrangements.
23 7704. Immunity from civil liability.
24 7705. Special powers of local agencies.
25 7706. COMPENSATION FOR ACCIDENTAL INJURY. <--
26 7707. PENALTIES.
27 § 7701. Duties concerning disaster prevention.
28 (a) Governor.--In addition to disaster prevention measures
29 included in the Commonwealth and local plans, the Governor shall
30 consider on a continuing basis steps that could be taken to
19770S1104B2107 - 45 -
1 prevent or reduce the harmful consequences of disasters. The
2 Governor, from time to time, shall make recommendations to the
3 General Assembly, political subdivisions and other appropriate
4 public and private entities as may facilitate measures for
5 prevention or reduction of the harmful consequences of
6 disasters.
7 (b) Department of Environmental Resources.--The Department
8 of Environmental Resources, in conjunction with the State Office <--
9 of Emergency Preparedness PENNSYLVANIA EMERGENCY MANAGEMENT <--
10 AGENCY, shall keep land uses and construction of structures and
11 other facilities under continuing study and identify areas which
12 are particularly susceptible to severe land shifting,
13 subsidence, flood or other catastrophic occurrence. The studies
14 under this subsection shall concentrate on means of reducing or
15 avoiding the dangers caused by this occurrence or the
16 consequences thereof.
17 (c) Other Commonwealth agencies.--At the direction of the
18 Governor, and pursuant to any other authority and competence
19 they have, Commonwealth agencies, including but not limited to
20 those charged with ECONOMIC RECOVERY responsibilities in <--
21 connection with floodplain management, stream encroachment and
22 flow regulation, weather modification, fire prevention and
23 control, air quality, public works, land use and land-use
24 planning, construction standards, public utilities and energy,
25 shall make studies of disaster prevention-related matters.
26 § 7702. Acceptance of services, gifts, grants and loans.
27 (a) General rule.--Whenever any person or the Federal
28 Government or any Federal agency or officer offers to the
29 Commonwealth or, through the Commonwealth, to any political
30 subdivision, services, equipment, supplies, materials or funds
19770S1104B2107 - 46 -
1 by way of gift, grant or loan for purposes of disaster emergency
2 services, the Commonwealth, acting through the Governor, or the
3 political subdivision, acting with the consent of the Governor
4 and through its executive officer or governing body, may accept
5 the offer and upon acceptance the Governor or executive officer
6 or governing body of the political subdivision may authorize any
7 officer of the Commonwealth or of the political subdivision, as
8 the case may be, to receive the services, equipment, supplies,
9 materials or funds on behalf of the Commonwealth or political
10 subdivision subject to the terms of the offer and the rules and
11 regulations, if any, of the agency or person making the offer.
12 (b) Property of Commonwealth.--All equipment, supplies and
13 materials referred to in subsection (a) shall, when accepted by
14 the Commonwealth, be treated as the property of the Commonwealth
15 and shall be subject to the relevant provisions of the act of
16 April 9, 1929 (P.L.177, No.175), known as "The Administrative
17 Code of 1929," unless the General Assembly directs otherwise by
18 statute.
19 § 7703. Interstate arrangements.
20 (a) General rule.--Upon finding that a vulnerable area lies
21 only partly within this Commonwealth and includes territory in
22 another state or states or territory in a foreign jurisdiction
23 and that it would be desirable to establish an interstate
24 relationship, mutual aid or an area organization for disaster
25 emergency services, the Governor shall take steps to that end as
26 desirable.
27 (b) Negotiation and status of agreements.--If this action is
28 taken with jurisdictions that have enacted the Interstate Civil
29 Defense and Disaster Compact, any resulting agreement or
30 agreements may be considered supplemental agreements pursuant to
19770S1104B2107 - 47 -
1 Article 6 of that compact. If the other jurisdiction or
2 jurisdictions with which the Governor proposes to cooperate
3 pursuant to subsection (a) have not enacted that compact, the
4 Governor may negotiate special agreements with the jurisdiction
5 or jurisdictions.
6 (c) Legislative approval of agreements.--Any agreement, if
7 sufficient authority for the making thereof does not otherwise
8 exist, becomes effective only after its text has been
9 communicated to the General Assembly and provided that neither
10 House of the General Assembly has disapproved it by adjournment
11 of the next ensuing session competent to consider it or within
12 30 days of its submission, whichever is longer.
13 § 7704. Immunity from civil liability.
14 (a) General rule.--Neither the Commonwealth nor any
15 political subdivision thereof nor other agencies nor, except in
16 cases of willful misconduct, the agents, employees or
17 representatives of any of them engaged in any emergency services
18 activities, nor except in cases of willful misconduct or gross
19 negligence any individual or other person under contract with
20 them to provide equipment or work on a cost basis to be used in
21 disaster relief, NOR, EXCEPT IN CASES OF WILLFUL MISCONDUCT OR <--
22 GROSS NEGLIGENCE, ANY PERSON, FIRM, CORPORATION OR AN AGENT OR
23 EMPLOYEE OF ANY OF THEM ENGAGED IN DISASTER SERVICES ACTIVITIES,
24 while complying with or attempting to comply with this part or
25 any rule or regulation promulgated pursuant to the provisions of
26 this part, shall be liable for the death of or any injury to
27 persons or loss or damage to property as a result of that
28 activity.
29 (b) Real estate owners.--Any person, ORGANIZATION OR <--
30 AUTHORITY owning or controlling real estate or other premises,
19770S1104B2107 - 48 -
1 who voluntarily and without compensation, grants a license or
2 privilege or otherwise permits the designation or use of the
3 whole or any part or parts of the real estate or premises for
4 any emergency services purpose, shall, together with his
5 successors in interest, if any, not be civilly liable for
6 negligently causing the death of or injury to or loss or damage
7 to the property of any person who is upon the real estate or
8 other premises for that purpose.
9 (c) Other benefits unaffected.--This section does not affect
10 the right of any person to receive benefits to which he would
11 otherwise be entitled under this part or under the workmen's
12 compensation laws or under any pension law, nor the right of any
13 person to receive any benefits or compensation under any Federal
14 law.
15 § 7705. Special powers of local agencies.
16 (a) Roadway clearance.--Whenever the Governor shall have
17 proclaimed a disaster emergency under section 7301(c) (relating
18 to declaration of disaster emergency), officials of any
19 political subdivision included in the disaster emergency shall
20 have the authority to clear such roadways as are necessary for
21 the health, safety and welfare of residents, even though such
22 roadways are not officially the responsibility of such political
23 subdivision. The political subdivision may be reimbursed for the
24 cost of such clearing as provided in subsection (c).
25 (b) Water systems.--Whenever the Governor shall have
26 proclaimed a disaster emergency under section 7301(c) and in the
27 event that a water system owned or operated by a political
28 subdivision or municipal authority is damaged, destroyed or made
29 inoperable as a direct result of such disaster emergency, the
30 political subdivision or municipal authority shall have the
19770S1104B2107 - 49 -
1 authority to lease or hire such personnel and equipment as may
2 be needed to effect restoration of such water system. The
3 political subdivision or municipal authority may be reimbursed
4 for the cost of such restoration as provided in subsection (c).
5 (c) Reimbursement.--Whenever the Governor shall have
6 proclaimed a disaster emergency under section 7301(c), he shall
7 have power to transfer any unused funds which may have been
8 appropriated for the ordinary expenses of government in the
9 General Fund to such State agencies as he may direct to be
10 expended for reimbursements as provided in subsections (a) and
11 (b). Such reimbursements shall be made in accordance with and to
12 the extent permitted by regulations issued by such agency or
13 agencies as the Governor may designate to administer the
14 reimbursement programs established by subsections (a) and (b).
15 The total of such transfers shall never exceed $1,000,000 in any
16 one year except by action of the General Assembly.
17 (d) Limitations.--Reimbursements pursuant to subsection (c)
18 shall not be made to the extent that the Commonwealth, a
19 political subdivision or a municipal authority may be eligible
20 for assistance from the Federal Government.
21 § 7706. COMPENSATION FOR ACCIDENTAL INJURY. <--
22 (A) BENEFITS.--ALL DULY ENROLLED EMERGENCY MANAGEMENT
23 VOLUNTEERS WHO ARE NOT ELIGIBLE TO RECEIVE BENEFITS UNDER THE
24 WORKMEN'S COMPENSATION LAWS SHALL BE ENTITLED, EXCEPT DURING A
25 STATE OF WAR OR PERIOD OF ARMED CONFLICT WITHIN THE CONTINENTAL
26 LIMITS OF THE UNITED STATES, TO THE FOLLOWING BENEFITS RELATING
27 TO INJURIES SUSTAINED WHILE ACTUALLY ENGAGED IN EMERGENCY
28 MANAGEMENT ACTIVITIES OR, IN, OR EN ROUTE TO AND FROM EMERGENCY
29 MANAGEMENT TESTS OR OPERATIONS AUTHORIZED BY THE PENNSYLVANIA
30 EMERGENCY MANAGEMENT AGENCY AND CARRIED OUT IN ACCORDANCE WITH
19770S1104B2107 - 50 -
1 RULES AND ORDERS PROMULGATED AND ADOPTED BY THE AGENCY:
2 (1) A SUM OF $2,500 FOR ACCIDENTAL INJURY DIRECTLY
3 CAUSING OR LEADING TO DEATH.
4 (2) A SUM NOT EXCEEDING $1,500 FOR REIMBURSEMENT FOR
5 MEDICAL AND HOSPITAL EXPENSES ASSOCIATED WITH ACCIDENTAL
6 INJURY.
7 (3) WEEKLY PAYMENTS OF $50, BEGINNING ON THE EIGHTH DAY
8 OF DISABILITY DIRECTLY ARISING FROM ACCIDENTAL INJURY
9 RENDERING THE INDIVIDUAL TOTALLY INCAPABLE OF FOLLOWING HIS
10 NORMAL GAINFUL PURSUITS.
11 (B) SOURCE OF FUNDS.--ALL BENEFITS HEREBY AUTHORIZED SHALL
12 BE PAID OUT OF FUNDS APPROPRIATED TO THE AGENCY. PAYMENTS SHALL
13 BE MADE ON THE BASIS OF CLAIMS SUBMITTED TO THE AGENCY THROUGH
14 THE DEPARTMENT OF LABOR AND INDUSTRY IN ACCORDANCE WITH RULES
15 AND ORDERS PROMULGATED AND ADOPTED BY THE AGENCY.
16 § 7707. PENALTIES.
17 (A) GENERAL.--ANY PERSON VIOLATING ANY OF THE PLANS AND
18 PROGRAMS ADOPTED AND PROMULGATED BY THE PENNSYLVANIA EMERGENCY
19 MANAGEMENT COUNCIL SHALL, UPON CONVICTION THEREOF IN A SUMMARY
20 PROCEEDING, BE SENTENCED TO PAY A FINE NOT EXCEEDING $200 OR
21 IMPRISONMENT NOT EXCEEDING 30 DAYS OR BOTH, FOR THE FIRST
22 OFFENSE, AND A FINE NOT EXCEEDING $500 OR IMPRISONMENT NOT
23 EXCEEDING 90 DAYS, OR BOTH, FOR EACH SUBSEQUENT OFFENSE.
24 (B) LOSS OF FUNDS.--THOSE POLITICAL SUBDIVISIONS IN
25 VIOLATION OF SECTION 7501 (RELATING TO GENERAL AUTHORITY OF
26 POLITICAL SUBDIVISIONS), SECTION 7502 (RELATING TO COORDINATOR
27 OF EMERGENCY MANAGEMENT), SECTION 7503 (RELATING TO POWERS AND
28 DUTIES OF POLITICAL SUBDIVISIONS) OR SECTION 7504 (RELATING TO
29 COORDINATION, ASSISTANCE AND MUTUAL AID) SHALL, AT THE DIRECTION
30 OF THE STATE COUNCIL, BE SUBJECT TO LOSS OF FEDERAL PERSONNEL
19770S1104B2107 - 51 -
1 AND ADMINISTRATIVE FUNDING FOR THE REMAINDER OF THE FISCAL YEAR
2 IN WHICH CONVICTION IS ESTABLISHED. REINSTATEMENT OF FEDERAL
3 PERSONNEL AND ADMINISTRATIVE FUNDING SHALL TAKE PLACE THE YEAR
4 FOLLOWING APPROVAL OF REMEDIAL ACTION TO THE VIOLATION.
5 Section 2. Transfers.
6 All personnel, allocations, appropriations, equipment, files,
7 records, contracts, agreements, obligations, and other material
8 which are used, employed or expended in connection with the
9 powers, duties or functions of the State Council of Civil
10 Defense are hereby transferred to the Office of Emergency <--
11 Preparedness PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY with the <--
12 same force and effect as if the appropriations had been made to
13 and the items had been the property of the Office of Emergency <--
14 Preparedness PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY in the <--
15 first instance and as if the contracts, agreements and
16 obligations had been incurred or entered into by the Office of <--
17 Emergency Preparedness. PENNSYLVANIA EMERGENCY MANAGEMENT <--
18 AGENCY.
19 Section 3. Repeals.
20 The following acts are repealed:
21 Act of March 19, 1951 (P.L.28, No.4), known as the "State
22 Council of Civil Defense Act of 1951."
23 Act of March 19, 1951 (P.L.42, No.6), entitled "An act
24 authorizing certain political subdivisions to make
25 appropriations for the payment of expenses of local or district
26 councils of civil defense within said political subdivisions and
27 for the protection or preparation for the protection of the
28 health, welfare and safety of the civilian population of said
29 political subdivision during emergencies resulting from air
30 raids, blackouts or sabotage; regulating the manner of payment
19770S1104B2107 - 52 -
1 of expenses of local and district councils of civil defense;
2 authorizing such political subdivisions to borrow money under
3 certain conditions for such purposes; and providing for the
4 repayment thereof."
5 Act of March 19, 1951 (P.L.47, No.7), entitled "An act
6 authorizing the Commonwealth of Pennsylvania to enter into a
7 compact with any other state for mutual helpfulness in meeting
8 any civil defense emergency or disaster."
9 Act of April 28, 1961 (P.L.129, No.60), entitled "An act
10 authorizing political subdivisions of the Commonwealth to avail
11 themselves of services offered by the State Civil Service
12 Commission in connection with the employment of personnel for
13 civil defense purposes."
14 Act of July 6, 1961 (P.L.515, No.265), entitled, as amended,
15 "An act authorizing the Governor to provide for disaster and
16 emergency relief under certain circumstances; authorizing him to
17 transfer certain funds in the General Fund for these purposes,
18 and making an appropriation."
19 Section 4. Effective date.
20 This act shall take effect immediately.
I20L32CM/19770S1104B2107 - 53 -