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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BARRAR, SAINATO, FARRY, BOBACK, BRADFORD, CAUSER, GILLEN, GODSHALL, GRELL, HACKETT, KNOWLES, MILLER, O'NEILL, SAYLOR, SWANGER AND TALLMAN, JULY 31, 2012 |
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| REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, JULY 31, 2012 |
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| AN ACT |
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1 | Amending Title 35 (Health and Safety) of the Pennsylvania |
2 | Consolidated Statutes, in emergency management services, |
3 | further providing for definitions and for purposes of part; |
4 | providing for penalty for false application; extensively |
5 | revising provisions relating to Commonwealth services and to |
6 | local organizations and services; further providing for |
7 | disaster duties, for acceptance, for interstate arrangements, |
8 | for immunity, for special powers, for workers' compensation |
9 | and for penalties; providing for authority of Federal law |
10 | enforcement officers, for confidentiality, for adverse |
11 | interests and for public health emergency measures; and |
12 | making a related repeal. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Sections 7102, 7103, 7301, 7302, 7303, 7304, 7305 |
16 | and 7305.1 of Title 35 of the Pennsylvania Consolidated Statutes |
17 | are amended to read: |
18 | § 7102. Definitions. |
19 | The following words and phrases when used in this part shall |
20 | have, unless the context clearly indicates otherwise, the |
21 | meanings given to them in this section: |
22 | "Agency." The Pennsylvania Emergency Management Agency. |
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1 | "All hazards." All dangers that can threaten or harm |
2 | individuals, the environment, critical infrastructure or |
3 | property. |
4 | "All-hazards information." Information describing the |
5 | dangers that can threaten or harm individuals, the environment, |
6 | the economy or property and which information pertains to the |
7 | preparedness for or consequences from the dangers. The term does |
8 | not include information related to criminal prosecution, law |
9 | enforcement sources or methods, investigative activity, |
10 | policies, training or protection tactics, tactical plans, |
11 | information protected by 18 Pa.C.S. (relating to crimes and |
12 | offenses) or information that could otherwise be reasonably seen |
13 | as compromising law enforcement efforts. |
14 | "Chief elected executive officer." The mayor of a city or |
15 | borough, the chairperson of the commissioners or supervisors or |
16 | the elected executive of a county, township or incorporated |
17 | town. |
18 | "Commonwealth agency." Any of the following: |
19 | (1) An office, department, authority, board, multistate |
20 | agency or commission of the executive branch. |
21 | (2) The Governor's Office. |
22 | (3) The Office of Attorney General, the Department of |
23 | the Auditor General and the Treasury Department and any other |
24 | agency, board or commission of the Commonwealth that is not |
25 | subject to the policy supervision and control of the |
26 | Governor. |
27 | (4) An organization established by the Constitution of |
28 | Pennsylvania, a statute or an executive order which performs |
29 | or is intended to perform an essential governmental function. |
30 | (5) A Commonwealth authority or entity. |
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1 | "Commonwealth critical infrastructure protection program." A |
2 | program developed by the Pennsylvania Emergency Management |
3 | Agency to provide a coordinated approach to setting Commonwealth |
4 | priorities, goals and requirements for effective distribution of |
5 | funding and resources for critical infrastructure and key |
6 | resources to ensure that the government and public services |
7 | continue in the event of an emergency. |
8 | "Commonwealth Disaster Recovery Task Force." The task force |
9 | described under section 7312 (relating to Pennsylvania Emergency |
10 | Management Council). |
11 | "Commonwealth emergency management program." A program of |
12 | coordinated activities consistent with Federal guidelines, |
13 | including the National Incident Management System, coordinated |
14 | by the Pennsylvania Emergency Management Agency, to address the |
15 | management of emergencies. The term includes the State Emergency |
16 | Operations Plan, the State Hazard Mitigation Plan and all |
17 | appropriate State-level strategic and operational plans and |
18 | programs that address all hazards, disaster-related mitigation, |
19 | preparedness, protection, prevention, response and recovery. |
20 | "Council." The Pennsylvania Emergency Management Council. |
21 | "Council of governments." An association of two or more |
22 | local government units joined together under a written compact |
23 | to improve cooperation, coordination and planning and to |
24 | undertake programs in their mutual interest under the provisions |
25 | of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental |
26 | cooperation). |
27 | "County emergency management program." An emergency |
28 | management and preparedness program established and maintained |
29 | by a county under section 7501 (relating to general authority of |
30 | county and local emergency management programs). |
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1 | "Critical infrastructure." Assets, systems, networks and |
2 | functions, physical or virtual, which are so vital to the |
3 | government that their incapacitation or destruction would have a |
4 | debilitating impact on security, economic security, public |
5 | health or safety. |
6 | ["Custodial child care facility." A child day care center as |
7 | defined under section 1001 of the act of June 13, 1967 (P.L.31, |
8 | No.21), known as the Public Welfare Code, or nursery school |
9 | licensed or regulated by the Commonwealth.] |
10 | "Dedicated emergency response organization." An entity |
11 | organized, chartered or incorporated in this Commonwealth or |
12 | another jurisdiction of the United States or chartered by the |
13 | Congress of the United States for the primary purpose of |
14 | providing emergency services. The term includes a volunteer, |
15 | paid and combination organization. |
16 | "Dependent care facility." An organization, institution or |
17 | facility licensed or certified by the Commonwealth that is |
18 | responsible for the custodial care or health care of individuals |
19 | who are dependent on the organization, institution or facility |
20 | for the activities of daily living, health, safety or welfare. |
21 | "Director." The director of the Pennsylvania Emergency |
22 | Management Agency. |
23 | "Disaster." [A man-made disaster, natural disaster or war- |
24 | caused disaster.] An event that has a large-scale adverse effect |
25 | on individuals, the environment, critical infrastructure or |
26 | property. |
27 | "Disaster emergency." [Those conditions which may by |
28 | investigation made, be found, actually or likely, to] A hazard |
29 | condition that may: |
30 | (1) affect seriously the safety, health or welfare of a |
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1 | substantial number of [citizens of this Commonwealth] people |
2 | or preclude the operation or use of essential public |
3 | facilities; and |
4 | (2) be of such magnitude or severity as to render |
5 | essential State supplementation of regional, county and local |
6 | efforts or resources exerted or utilized in alleviating the |
7 | danger, damage, suffering or hardship faced.[; and |
8 | (3) have been caused by forces beyond the control of |
9 | man, by reason of civil disorder, riot or disturbance, or by |
10 | factors not foreseen and not known to exist when |
11 | appropriation bills were enacted.] |
12 | "Emergency." An incident that requires responsive, |
13 | coordinated action to protect individuals, the environment, |
14 | critical infrastructure or property. |
15 | "Emergency action plan." A document prepared by a dependent |
16 | care facility or large event planner, as referenced in section |
17 | 7701(h) (relating to duties concerning disaster preparedness and |
18 | emergency management), or other entity as required by statute or |
19 | regulation to maintain an emergency preparedness capability or |
20 | develop an emergency plan. |
21 | "Emergency management." [The judicious planning, assignment |
22 | and coordination of all available resources in an integrated |
23 | program of prevention, mitigation, preparedness, response and |
24 | recovery for emergencies of any kind, whether from attack, man- |
25 | made or natural sources.] The continuous cycle of preparedness, |
26 | planning, response, recovery and mitigation for emergencies. |
27 | "Emergency operations plan." A document prepared by a |
28 | political subdivision that is consistent with Federal and State |
29 | requirements that assigns responsibility to agencies and |
30 | departments under the jurisdiction and control of the political |
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1 | subdivision for carrying out specific actions in a disaster |
2 | emergency and states, among other things, lines of authority, |
3 | response actions and coordination requirements. |
4 | "Emergency services." The preparation for and the carrying |
5 | out of [functions] capabilities, other than [functions] |
6 | capabilities for which military forces are primarily |
7 | responsible, to prepare for, prevent, protect against, respond |
8 | to and recover from, minimize and provide emergency repair of |
9 | injury and damage resulting from disasters or emergencies, |
10 | together with all other activities necessary or incidental to |
11 | the preparation for and carrying out of those [functions] |
12 | capabilities. The [functions] capabilities include, without |
13 | limitation, firefighting services, police services, medical and |
14 | health services, search, rescue, engineering, disaster warning |
15 | services, sharing of information, communications, radiological |
16 | activities, shelter, chemical and other special weapons defense, |
17 | evacuation of persons from stricken areas, emergency welfare |
18 | services, mass-care services, emergency transportation, |
19 | emergency [resources] management, existing or properly assigned |
20 | functions of plant protection, temporary restoration of public |
21 | utility services, logistics and resource management and other |
22 | [functions] capabilities related to civilian protection. The |
23 | term includes all of the following: |
24 | (1) Capabilities of municipal governments, county |
25 | governments, nongovernmental organizations or the |
26 | Commonwealth. |
27 | (2) Capabilities of regional task forces and other |
28 | response organizations as specifically provided for under |
29 | this part. |
30 | "Federal emergency." An emergency as defined in section |
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1 | 102(1) of The Robert T. Stafford Disaster Relief and Emergency |
2 | Assistance Act (Public Law 93-288, 42 U.S.C. § 5122(1)). |
3 | "Federal law enforcement officer." A law enforcement officer |
4 | who: |
5 | (1) is employed by the United States; |
6 | (2) is authorized to effect an arrest, with or without a |
7 | warrant, for a violation of the United States Code; and |
8 | (3) is authorized to carry a firearm in the performance |
9 | of the law enforcement officer's duties. |
10 | "Grantee." The entity, government or organization to which a |
11 | grant is awarded. |
12 | "Hazard vulnerability analysis." A process by which a |
13 | political subdivision identifies the disasters most likely to |
14 | strike the community and estimates the potential economic impact |
15 | of the disaster to and the potential for loss of life, property, |
16 | critical infrastructure and the environment. |
17 | "Hazardous agent." A substance which has or potentially has |
18 | an adverse effect on human health with public health |
19 | consequences. |
20 | "Homeland security." A concerted national effort to prevent |
21 | and disrupt terrorist attacks, protect against all hazards and |
22 | respond to and recover from incidents that occur. |
23 | "Incident command system." A standardized on-scene emergency |
24 | management construct that is: |
25 | (1) Specifically designed to provide for the adoption of |
26 | an integrated organizational structure that reflects the |
27 | complexity and demands of single or multiple incidents, |
28 | without being hindered by jurisdictional boundaries. |
29 | (2) Characterized by the combination of facilities, |
30 | equipment, personnel, procedures and communications operating |
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1 | within a common organizational structure and designed to aid |
2 | in the management of resources during all kinds of |
3 | emergencies regardless of size or complexity. |
4 | "Incident commander." The individual responsible for all |
5 | incident-related activities as described in the National |
6 | Incident Management System. |
7 | "Incident management team." An incident command organization |
8 | made up of the command and general staff members and other |
9 | appropriate personnel organized according to Federal and State |
10 | guidelines which can be deployed or activated as needed. |
11 | "Institution of higher education." A university, a four-year |
12 | college or community college. |
13 | "Joint information center." A facility established to |
14 | coordinate incident-related public information activities and be |
15 | the central point of contact for news media. |
16 | "Key resources." Publicly or privately controlled resources |
17 | essential for the minimum maintenance of critical infrastructure |
18 | and the operation of the government. |
19 | "Law enforcement sensitive information." Unclassified |
20 | information originated by a law enforcement agency which may be |
21 | used in criminal prosecution and requires protection against |
22 | unauthorized disclosure to protect sources and methods, |
23 | investigative activity, evidence or the integrity of pretrial |
24 | investigative reports, as well as tactics, training, |
25 | capabilities, protection details, protocols or policies which |
26 | could compromise law enforcement efforts. |
27 | "Letter of agreement." The written agreement of a public, |
28 | semipublic, private or nonprofit corporation, business, |
29 | association, partnership, authority or other entity or an |
30 | individual agreeing to provide personnel, equipment, supplies, |
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1 | training facilities or other resources either directly to or in |
2 | support of preparedness and emergency management. |
3 | "Local disaster emergency." The condition declared by a |
4 | local governing body or chief elected executive officer when, in |
5 | its or the officer's judgment, the threat or actual occurrence |
6 | of a disaster may: |
7 | (1) Affect seriously the safety, health or welfare of a |
8 | substantial number of people or preclude the operation or use |
9 | of essential public facilities. |
10 | (2) Be of a magnitude or severity that warrants |
11 | coordinated local government action in alleviating the |
12 | danger, damage, suffering or hardship. |
13 | ["Local emergency." The condition declared by the local |
14 | governing body when in their judgment the threat or actual |
15 | occurrence of a disaster is or threatens to be of sufficient |
16 | severity and magnitude to warrant coordinated local government |
17 | action to prevent or alleviate the damage, loss, hardship or |
18 | suffering threatened or caused thereby. A local emergency |
19 | arising wholly or substantially out of a resource shortage may |
20 | be declared only by the Governor, upon petition of the local |
21 | governing body, when he deems the threat or actual occurrence of |
22 | a disaster to be of sufficient severity and magnitude to warrant |
23 | coordinated local government action to prevent or alleviate the |
24 | damage, loss, hardship or suffering threatened or caused |
25 | thereby.] |
26 | "Local emergency management program." An emergency |
27 | management and preparedness program established and maintained |
28 | by a municipality under section 7501 (relating to general |
29 | authority of county and local emergency management programs). |
30 | "Local health department." A county department of health |
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1 | under the act of August 24, 1951 (P.L.1304, No.315), known as |
2 | the Local Health Administration Law, or a department of health |
3 | in a municipality approved for a Commonwealth grant to provide |
4 | local health services under section 25 of the Local Health |
5 | Administration Law. |
6 | ["Local organization." A local emergency management |
7 | organization.] |
8 | "Major disaster." The term as it is defined in the Stafford |
9 | Act. |
10 | ["Man-made disaster." Any industrial, nuclear or |
11 | transportation accident, explosion, conflagration, power |
12 | failure, natural resource shortage or other condition, except |
13 | enemy action, resulting from man-made causes, such as oil spills |
14 | and other injurious environmental contamination, which threatens |
15 | or causes substantial damage to property, human suffering, |
16 | hardship or loss of life.] |
17 | "Mitigation." Protection activities designed to reduce or |
18 | eliminate risks to persons or property or to lessen the actual |
19 | or potential effects or consequences of an incident that may be |
20 | implemented prior to, during or after an incident. |
21 | "Municipality." A city, borough, incorporated town or |
22 | township. |
23 | "Mutual aid." Mutual assistance and sharing of resources |
24 | among participating political subdivisions in the prevention of, |
25 | response to and recovery from threats to public health and |
26 | safety that are beyond the capability of the affected community. |
27 | "National Incident Management System." A system that |
28 | provides a consistent nationwide approach for Federal, State, |
29 | local and tribal governments, the private sector and |
30 | nongovernmental organizations to work effectively and |
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1 | efficiently together to prepare for, prevent, protect against, |
2 | respond to and recover from domestic incidents, regardless of |
3 | cause, size or complexity. The term includes any successor |
4 | system established by the Federal Government. |
5 | "National Infrastructure Protection Plan." A plan developed |
6 | by the United States Department of Homeland Security that |
7 | provides a coordinated approach to critical infrastructure and |
8 | key resources protection roles and responsibilities for Federal, |
9 | State, local, tribal and private sector security partners or any |
10 | successor program and that sets national priorities, goals and |
11 | requirements for effective distribution of funding and resources |
12 | to ensure that the government, critical infrastructure and |
13 | public services continue in the event of any disaster emergency. |
14 | "National Response Framework." A policy developed by the |
15 | Federal Government that integrates national domestic prevention, |
16 | protection, preparedness, response and recovery plans into one |
17 | all-discipline unity of effort for all hazards. The term |
18 | includes any successor policy adopted by the Federal Government. |
19 | ["Natural disaster." Any hurricane, tornado, storm, flood, |
20 | high water, wind-driven water, tidal wave, earthquake, |
21 | landslide, mudslide, snowstorm, drought, fire, explosion or |
22 | other catastrophe which results in substantial damage to |
23 | property, hardship, suffering or possible loss of life.] |
24 | "Operational plan." A plan that describes the emergency |
25 | management or homeland security roles, responsibilities and |
26 | resources of an organization. |
27 | "Person." An individual, corporation, [firm, association,] |
28 | partnership, limited liability company, business trust, |
29 | government entity, including the Commonwealth, foundation, |
30 | public utility, trust[,] or estate[, public or private |
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1 | institution, group, the Commonwealth or a local agency or |
2 | political subdivision and any legal successor, representative or |
3 | agency of the foregoing]. |
4 | "Political subdivision." [Any] A county, city, borough, |
5 | incorporated town or township. |
6 | "Preparedness." A continuous process of identifying and |
7 | implementing tasks and activities necessary to build, sustain |
8 | and improve operational capability to prevent, protect against, |
9 | respond to and recover from domestic incidents involving all |
10 | levels of government, private sector and nongovernmental |
11 | organizations to identify threats, determine vulnerabilities and |
12 | identify required resources. |
13 | "President." The President of the United States. |
14 | "Prevention." Actions to avoid an incident or to intervene |
15 | to stop an incident from occurring. |
16 | "Protection." Actions to reduce or eliminate adverse effects |
17 | to life, property, the environment or critical infrastructure. |
18 | "Recovery." The development, coordination and execution of |
19 | service-restoration and site-restoration plans for impacted |
20 | communities and the reconstitution of government operations and |
21 | services through individual, private sector, nongovernmental and |
22 | public assistance programs that do all of the following: |
23 | (1) Identify needs and define resources. |
24 | (2) Provide housing and promote restoration. |
25 | (3) Address long-term care and treatment of affected |
26 | persons. |
27 | (4) Implement additional measures and techniques, as |
28 | feasible. |
29 | (5) Evaluate the incident to identify lessons learned. |
30 | (6) Develop initiatives to mitigate the effects of |
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1 | future incidents. |
2 | "Regional." Pertaining to regional task forces. |
3 | "Regional task force." An operational cooperative effort |
4 | organized among Federal, State, county, council of governments |
5 | and municipal emergency management, health, law enforcement, |
6 | public safety and other officials and representatives from |
7 | volunteer service organizations, emergency services |
8 | organizations, private business and industry, hospitals and |
9 | medical care facilities and other entities within a multicounty |
10 | area as recognized by and determined by the agency that is |
11 | responsible for conducting all-hazards planning, training |
12 | preparedness and emergency response activities. |
13 | "Resource shortage." The absence, unavailability or reduced |
14 | supply of any raw or processed natural resource, or any |
15 | commodities, goods or services of any kind which bear a |
16 | substantial relationship to the health, safety, welfare and |
17 | economic well-being of the citizens of this Commonwealth. |
18 | "Response." Activities that address the short-term, direct |
19 | effects of an incident. The term includes the execution of |
20 | emergency operations plans and incident mitigation activities |
21 | designed to limit the loss of life, personal injury, property |
22 | damage and other unfavorable outcomes. |
23 | "Review and accept." The process by which the Pennsylvania |
24 | Emergency Management Agency, county emergency management |
25 | programs and local emergency management programs validate |
26 | planning documents in accordance with this part to ensure |
27 | compliance with established planning criteria, adherence to |
28 | templates and completeness. This process shall not imply |
29 | approval or verification of ability to execute the plans |
30 | described in the planning documents. |
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1 | "Specialized regional response team." A complement of |
2 | individuals established by a regional task force and organized |
3 | in accordance with standards developed by the Pennsylvania |
4 | Emergency Management Agency and applicable Federal agencies to |
5 | respond to emergencies involving an actual or potential |
6 | disaster. |
7 | "Specialized Statewide response team." A complement of |
8 | individuals organized by the Commonwealth to provide specialized |
9 | personnel, equipment and other support capabilities in response |
10 | to an actual or potential disaster. |
11 | "Stafford Act." The Robert T. Stafford Disaster Relief and |
12 | Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et |
13 | seq.). |
14 | "State emergency operations plan." A document prepared by |
15 | the Pennsylvania Emergency Management Agency and approved and |
16 | signed by the Governor that is consistent with Federal |
17 | requirements and assigns responsibility to appropriate |
18 | Commonwealth agencies for carrying out specific actions in a |
19 | disaster emergency and states, among other things, lines of |
20 | authority, response actions and coordination requirements. |
21 | "State Emergency Registry of Volunteers in Pennsylvania" or |
22 | "SERVPA." An Internet-based system developed and maintained by |
23 | the Commonwealth allowing for the advance and real-time |
24 | registration of volunteers for deployment during emergencies or |
25 | disasters. |
26 | "State hazard mitigation plan." A document prepared by the |
27 | Pennsylvania Emergency Management Agency to reduce the loss of |
28 | life and property due to all hazards and to enable mitigation |
29 | measures to be implemented during the immediate recovery from a |
30 | disaster. |
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1 | "Strategic plan." A plan describing an organization's |
2 | emergency management or homeland security goals and objectives. |
3 | "Tactical plan." A plan describing an organization's |
4 | execution of tasks and actions to prevent, protect, investigate |
5 | and respond to an emergency, incident or other situation. |
6 | "Terrorism." An act or activity that: |
7 | (1) Is dangerous to human life or potentially |
8 | destructive of critical infrastructure or key resources. |
9 | (2) Is a violation of the criminal laws of the United |
10 | States or of any state or other subdivision of the United |
11 | States in which it occurs. |
12 | (3) Is intended to intimidate or coerce the civilian |
13 | population or influence a government or affect the conduct of |
14 | a government. |
15 | "Urban search and rescue task force." A complement of |
16 | individuals and equipment organized by the Pennsylvania |
17 | Emergency Management Agency in accordance with standards |
18 | developed by the agency and the Federal Emergency Management |
19 | Agency to provide emergency response and search and rescue |
20 | capabilities and resources. |
21 | ["War-caused disaster." Any condition following an attack |
22 | upon the United States resulting in substantial damage to |
23 | property or injury to persons in the United States caused by use |
24 | of bombs, missiles, shellfire, nuclear, radiological, chemical |
25 | or biological means, or other weapons or overt paramilitary |
26 | actions, or other conditions such as sabotage.] |
27 | § 7103. [Purposes] Purpose of part. |
28 | [The purposes of this part are to: |
29 | (1) Reduce vulnerability of people and communities of |
30 | this Commonwealth to damage, injury and loss of life and |
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1 | property resulting from disasters. |
2 | (2) Prepare for prompt and efficient rescue, care and |
3 | treatment of persons victimized or threatened by disaster. |
4 | (3) Provide a setting conducive to the rapid and orderly |
5 | start of restoration and rehabilitation of persons and |
6 | property affected by disasters. |
7 | (4) Clarify and strengthen the roles of the Governor, |
8 | Commonwealth agencies and local government in prevention of, |
9 | preparation for, response to and recovery from disasters. |
10 | (5) Authorize and provide for cooperation in disaster |
11 | prevention, preparedness, response and recovery. |
12 | (6) Authorize and provide for coordination of activities |
13 | relating to disaster prevention, preparedness, response and |
14 | recovery by agencies and officers of this Commonwealth, and |
15 | similar State-local and Federal-State activities in which the |
16 | Commonwealth and its political subdivisions participate. |
17 | (7) Provide a disaster management system embodying all |
18 | aspects of predisaster preparedness and postdisaster |
19 | response. |
20 | (8) Assist in prevention of disaster caused or |
21 | aggravated by inadequate planning for and regulation of |
22 | public and private facilities and land use. |
23 | (9) Supplement, without in any way limiting, authority |
24 | conferred by previous statutes of this Commonwealth and |
25 | increase the capability of the Commonwealth and local |
26 | agencies having responsibilities for civil defense to perform |
27 | both civil defense and disaster services. |
28 | (10) Further the operational capacities of Commonwealth |
29 | agencies to deal with disaster situations. |
30 | (11) Further programs of education and training. |
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1 | (12) Establish integrated communications capabilities |
2 | and warning systems.] |
3 | The purpose of this part is to authorize and provide for |
4 | coordination of activities relating to disaster preparedness and |
5 | emergency management activities by agencies and officers of this |
6 | Commonwealth and similar Federal-State and State-local |
7 | activities in which the Commonwealth and its political |
8 | subdivisions, intergovernmental cooperative entities, regional |
9 | task forces, councils of governments, school districts and other |
10 | appropriate public and private entities participate. |
11 | § 7301. General authority of Governor. |
12 | (a) Responsibility to meet disasters.--The Governor is |
13 | responsible for meeting the dangers to this Commonwealth and |
14 | people presented by disasters. |
15 | (b) Executive orders, proclamations and regulations.--Under |
16 | this part, in addition to other rights granted to the Governor |
17 | under this part, the Governor may issue, amend and rescind |
18 | executive orders, proclamations and regulations, which shall |
19 | have the force and effect of law. |
20 | (c) Declaration of disaster emergency.-- |
21 | (1) A disaster emergency shall be declared by executive |
22 | order or proclamation of the Governor upon finding that a |
23 | disaster has occurred or that the occurrence or the threat of |
24 | a disaster is imminent. |
25 | (2) The [state of] declared disaster emergency shall |
26 | continue until the Governor finds that the threat or danger |
27 | has passed or the disaster has been dealt with to the extent |
28 | that emergency conditions no longer exist and terminates the |
29 | [state of] declared disaster emergency by executive order or |
30 | proclamation, but no [state of] declared disaster emergency |
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1 | may continue for longer than 90 days unless renewed by the |
2 | Governor. |
3 | (3) The General Assembly by concurrent resolution may |
4 | terminate a [state of] disaster emergency declaration at any |
5 | time. Thereupon, the Governor shall issue an executive order |
6 | or proclamation ending the [state of] declared disaster |
7 | emergency. |
8 | (4) All executive orders or proclamations issued under |
9 | 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 |
12 | of the [state of] declared disaster emergency. |
13 | (5) An executive order or proclamation shall be |
14 | disseminated promptly by means calculated to bring its |
15 | contents to the attention of the general public and, unless |
16 | the circumstances attendant upon the disaster prevent or |
17 | impede, shall be promptly filed with the [Pennsylvania |
18 | Emergency Management Agency] agency and the Legislative |
19 | Reference Bureau for publication under [Part II of Title 45] |
20 | 45 Pa.C.S. Pt. II (relating to publication and effectiveness |
21 | of Commonwealth documents). |
22 | (d) Activation of disaster response.--An executive order or |
23 | proclamation of a state of disaster emergency shall activate the |
24 | disaster response and recovery aspects of the [Commonwealth] |
25 | State emergency operations plan and [local disaster] other |
26 | emergency plans applicable to the political subdivision or area |
27 | in question and shall be authority for the deployment and use of |
28 | any forces to which the plan or plans apply and for use or |
29 | distribution of any supplies, equipment and materials and |
30 | facilities assembled, stockpiled or arranged to be made |
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1 | available pursuant to this part or any other provision of law |
2 | relating to disaster emergencies. |
3 | (e) Commander in chief of military forces.--[During the |
4 | continuance of any state of disaster emergency, the] The |
5 | Governor is commander in chief of the Pennsylvania military |
6 | forces. To the greatest extent practicable, the Governor shall |
7 | delegate or assign command authority by prior arrangement |
8 | embodied in appropriate executive orders or regulations, but |
9 | this does not restrict the authority of the Governor to do so by |
10 | orders issued at the time of the disaster emergency. |
11 | (f) Additional powers.--In addition to any other powers |
12 | conferred upon the Governor by law, the Governor may: |
13 | (1) Suspend the provisions of any [regulatory] statute |
14 | [prescribing the procedures for conduct of Commonwealth |
15 | business,] or the orders, rules or regulations of any |
16 | Commonwealth agency, if strict compliance with the provisions |
17 | of any statute, order, rule or regulation would in any way |
18 | prevent, hinder or delay necessary action in coping with the |
19 | emergency. |
20 | (2) [Utilize] Prior to, during and following the |
21 | expiration of a declaration of a disaster emergency, utilize |
22 | all available resources of the Commonwealth [Government] and |
23 | each political subdivision [of this Commonwealth] as |
24 | reasonably necessary to cope with [the] or mitigate the |
25 | effects of a disaster emergency or potential disaster |
26 | emergency. |
27 | (3) Transfer the direction, personnel or functions of |
28 | Commonwealth agencies or units thereof for the purpose of |
29 | performing or facilitating emergency services. |
30 | (4) Subject to any applicable requirements for |
|
1 | compensation under section 7313(10) (relating to powers and |
2 | duties), commandeer or utilize any private, public or quasi- |
3 | public property if necessary to cope with the disaster |
4 | emergency. |
5 | (5) Direct and compel the evacuation of all or part of |
6 | the population from any stricken or threatened area within |
7 | this Commonwealth if this action is necessary for the |
8 | preservation of life or other disaster mitigation, response |
9 | or recovery. |
10 | (6) Prescribe routes, modes of transportation and |
11 | destinations in connection with evacuation. |
12 | (7) Control ingress and egress to and from a disaster |
13 | area, the movement of persons within the area and the |
14 | occupancy of premises therein. |
15 | (8) Suspend or limit the sale, dispensing or |
16 | transportation of alcoholic beverages, firearms, explosives |
17 | and combustibles. |
18 | (9) If the Governor determines that the Commonwealth |
19 | needs the assistance of Federal law enforcement while a |
20 | declaration of a disaster emergency is in effect, make in his |
21 | a request to the Federal Government for the assistance of |
22 | Federal law enforcement officers in enforcing the laws of |
23 | this Commonwealth. Only the Governor shall have the power to |
24 | make the request. |
25 | § 7302. Temporary housing. |
26 | (a) Authority of Governor.--Whenever the Governor has |
27 | [proclaimed] declared a disaster emergency under this part, or |
28 | the President, at the request of the Governor, has declared [an] |
29 | a Federal emergency or a major disaster to exist in this |
30 | Commonwealth, the Governor is authorized: |
|
1 | (1) To enter into purchase, lease or other arrangements |
2 | with any Federal agency for temporary housing units to be |
3 | occupied by disaster victims and to make the units available |
4 | to any political subdivision [of this Commonwealth named as a |
5 | party to the emergency or disaster declaration.] authority or |
6 | authorized nonprofit organization included in the declared |
7 | disaster emergency, declared Federal emergency or declared |
8 | major disaster. |
9 | (2) To assist any political subdivision [of this |
10 | Commonwealth] authority or authorized nonprofit organization |
11 | which is the locus of temporary housing for disaster victims |
12 | to acquire sites necessary for such temporary housing and to |
13 | do all things required to prepare such sites to receive and |
14 | utilize temporary housing units by: |
15 | (i) advancing or lending funds available to the |
16 | Governor from any appropriation made by the General |
17 | Assembly or from any other source; |
18 | (ii) "passing through" funds made available by any |
19 | agency, public or private; or |
20 | (iii) becoming a copartner with the political |
21 | subdivision for the execution and performance of any |
22 | temporary housing for disaster victims [project]; |
23 | and for such purposes to pledge the credit of the |
24 | Commonwealth on such terms as the Governor deems appropriate |
25 | having due regard for current debt transactions of the |
26 | Commonwealth. |
27 | (3) Under such [regulations] conditions as the Governor |
28 | shall prescribe, to temporarily suspend or modify for not to |
29 | exceed 60 days any public health, safety, zoning, |
30 | transportation [(within] within or across this |
|
1 | [Commonwealth)] Commonwealth or other requirement of statute |
2 | or regulation within this Commonwealth when by proclamation |
3 | the Governor deems the suspension or modification essential |
4 | to provide temporary housing for disaster victims. |
5 | (b) Acquisition of sites by political subdivisions.--Any |
6 | political subdivision [of this Commonwealth] authority or |
7 | authorized nonprofit organization is expressly authorized to |
8 | acquire, temporarily or permanently, by purchase, lease or |
9 | otherwise, sites required for installation of temporary housing |
10 | units for disaster victims[,] and to enter into whatever |
11 | arrangements [which are] necessary to prepare or equip the sites |
12 | to utilize the housing units. |
13 | (c) Construction of section.--This section does not limit |
14 | the authority of the Governor to apply for, administer and |
15 | expend any grants, gifts or payments in aid of disaster |
16 | [prevention,] preparedness[, response or recovery] and emergency |
17 | management activities. |
18 | [(d) Definitions.--As used in this section, "major disaster" |
19 | and "emergency" shall have the same meanings as defined or used |
20 | in The Robert T. Stafford Disaster Relief and Emergency |
21 | Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.).] |
22 | § 7303. Debris and wreckage removal. |
23 | (a) Authority of Governor.--Whenever the Governor has |
24 | declared a disaster emergency to exist under this part, or the |
25 | President, at the request of the Governor, has declared a major |
26 | disaster or emergency to exist in this Commonwealth, the |
27 | Governor is authorized: |
28 | (1) Notwithstanding any other provision of law, through |
29 | the use of Commonwealth agencies [or instrumentalities], to |
30 | clear or remove from publicly or privately owned land or |
|
1 | water[,] debris and wreckage which may threaten public health |
2 | or safety, or public or private property. |
3 | (2) To accept funds from the Federal Government and |
4 | utilize the funds to make grants or to reimburse any |
5 | political subdivision for the purpose of removing debris or |
6 | wreckage from publicly or privately owned land or water. |
7 | (b) Authority of Commonwealth personnel.--Whenever the |
8 | Governor provides for clearance of debris or wreckage pursuant |
9 | to subsection (a), employees of the designated Commonwealth |
10 | agencies or individuals appointed by the Commonwealth are |
11 | authorized to enter upon private land or waters and perform any |
12 | tasks necessary to the removal or clearance operation. |
13 | [(c) Nonliability of Commonwealth personnel.--Except in |
14 | cases of willful misconduct, gross negligence or bad faith, any |
15 | Commonwealth employee or agent complying with and performing |
16 | duties pursuant to orders of the Governor under this section |
17 | shall not be liable for death of or injury to persons or damage |
18 | to property.] |
19 | § 7304. Community disaster loans. |
20 | Whenever, at the request of the Governor, the President has |
21 | declared a major disaster or emergency to exist in this |
22 | Commonwealth, the Governor is authorized: |
23 | (1) Upon determining that a political subdivision [of |
24 | this Commonwealth] will suffer a substantial loss of tax and |
25 | other revenues from a major disaster or emergency and has |
26 | demonstrated a need for financial assistance to perform its |
27 | governmental functions, to apply to the Federal Government, |
28 | on behalf of the political subdivision, for a loan and to |
29 | receive and disburse the proceeds of any approved loan to |
30 | [any] the applicant [political subdivision]. |
|
1 | (2) To determine the amount needed by [any applicant] a |
2 | political subdivision to restore or resume its governmental |
3 | functions and to certify the amount to the Federal |
4 | Government. No application amount shall exceed 25% of the |
5 | annual operating budget of the applicant for the fiscal year |
6 | in which the major disaster or emergency occurs. |
7 | (3) After review, recommend to the Federal Government |
8 | the cancellation of all or any part of repayment when, in the |
9 | first three full fiscal-year periods following the major |
10 | disaster, the revenues of the political subdivision are |
11 | insufficient to meet its operating expenses, including |
12 | additional disaster-related expenses [of a municipal |
13 | operation character]. |
14 | § 7305. Individual and family assistance. |
15 | (a) Grants by Federal Government.--Whenever the President, |
16 | at the request of the Governor, has declared a major disaster or |
17 | emergency to exist in this Commonwealth, the Governor is |
18 | authorized: |
19 | (1) Upon determining that assistance under [The Robert |
20 | T. Stafford Disaster Relief and Emergency Assistance Act |
21 | (Public Law 93-288, 42 U.S.C. § 5121 et seq.),] the Stafford |
22 | Act and from other means is insufficient to meet the |
23 | disaster-related necessary expenses or serious needs of |
24 | individuals or families adversely affected by a major |
25 | disaster or emergency, to accept a grant from the Federal |
26 | Government for the purpose of meeting the expenses or needs |
27 | of disaster victims, subject to any terms and conditions |
28 | imposed upon the grant. |
29 | (2) To enter into an agreement with the Federal |
30 | Government or any Federal agency or officer pledging the |
|
1 | Commonwealth to participate in the funding of the assistance |
2 | authorized in paragraph (1) and, if Commonwealth funds are |
3 | not otherwise available to the Governor, to accept an advance |
4 | of the Commonwealth share from the Federal Government to be |
5 | repaid when the Commonwealth is able to do so. |
6 | (b) Grants by Governor.--To implement subsection (a), the |
7 | Governor is authorized to make grants to meet disaster-related |
8 | necessary expenses or serious needs of individuals or families |
9 | adversely affected by a major disaster or emergency declared by |
10 | the President. Any grant shall not exceed the amount authorized |
11 | by [The Robert T. Stafford Disaster Relief and Emergency |
12 | Assistance Act] the Stafford Act or by applicable State law to |
13 | an individual or family in any single major disaster or |
14 | emergency. |
15 | [(c) Penalty for false application.--Any person who |
16 | fraudulently or willfully makes a misstatement of fact in |
17 | connection with an application for assistance under this section |
18 | shall be guilty of a misdemeanor of the third degree.] |
19 | § 7305.1. Grants for public assistance and hazard mitigation. |
20 | (a) Commonwealth participation in public assistance and |
21 | hazard mitigation funding; agreements.--Whenever the President |
22 | authorizes [the] a contribution [of up to 75% of] to the cost of |
23 | [hazard mitigation measures to] public assistance grants to |
24 | repair or replace eligible public property damage or hazard |
25 | mitigation to reduce the risk of future damage, hardship[,] or |
26 | loss [or suffering] to eligible property in any area affected by |
27 | a major disaster pursuant to [The Robert T. Stafford Disaster |
28 | Relief and Emergency Assistance Act (Public Law 93-288, 88 Stat. |
29 | 143)] the Stafford Act, the Governor is authorized, subject to |
30 | the availability of appropriated funds, to enter into an |
|
1 | agreement with the Federal Government or any Federal agency or |
2 | officer pledging the Commonwealth to participate in the funding |
3 | of the public assistance and mitigation project or plan. |
4 | (b) Special Session disaster relief acts.--Projects which |
5 | are itemized under Chapter 3 of the act of July 11, 1996 (2nd |
6 | Sp.Sess., P.L.1791, No.8), known as the Special Session Flood |
7 | Control and Hazard Mitigation Itemization Act of 1996, and the |
8 | act of July 11, 1996 (2nd Sp.Sess., P.L.1826, No.9), known as |
9 | the Special Session Flood Relief Act, are deemed to be hazard |
10 | mitigation projects for the purposes of hazard mitigation |
11 | funding to the extent that such projects qualify under [The |
12 | Robert T. Stafford Disaster Relief and Emergency Assistance Act |
13 | (Public Law 93-288, 88 Stat. 143).] the Stafford Act. |
14 | (c) Need for plan.--The agency may withhold Federal or State |
15 | funds available under subsection (a) from a political |
16 | subdivision that does not have in effect a current emergency |
17 | operations plan and a current hazard mitigation plan as required |
18 | under this part. |
19 | Section 2. Title 35 is amended by adding a section to read: |
20 | § 7307.1. Use and appropriation of unused Commonwealth funds. |
21 | (a) Transfer of funds authorized.--In addition to the |
22 | transfers permitted under section 1508(a) of the act of April 9, |
23 | 1929 (P.L.343, No.176), known as The Fiscal Code, if the |
24 | Governor has not declared a disaster emergency or if a |
25 | declaration of disaster emergency has expired, the Governor may |
26 | nevertheless transfer any unused funds which may have been |
27 | appropriated for the ordinary expenses of the Commonwealth in |
28 | the General Fund to such Commonwealth agencies as the Governor |
29 | may direct to be expended for preparedness planning and other |
30 | activities related to a potential or actual disaster in such |
|
1 | manner as the Governor shall approve, and the funds are |
2 | appropriated to the Governor for such purposes. |
3 | (b) Limitation on amount transferred.--The total of the |
4 | transfers authorized under section 1508(a) of The Fiscal Code |
5 | and under this section shall not exceed $25,000,000 in any one |
6 | year except by action of the General Assembly. |
7 | Section 3. Section 7308 of Title 35 is amended to read: |
8 | § 7308. Laws suspended during emergency assignments. |
9 | In the case of a declaration of a [state of] disaster |
10 | emergency by the Governor, Commonwealth agencies may implement |
11 | their emergency assignments without regard to procedures |
12 | required by other laws [(except mandatory constitutional |
13 | requirements)], except constitutional requirements, pertaining |
14 | to the performance of public work, entering into contracts, |
15 | incurring of obligations, employment of temporary workers, |
16 | rental of equipment, purchase of supplies and materials and |
17 | expenditures of public funds. |
18 | Section 4. Title 35 is amended by adding a section to read: |
19 | § 7309. Penalty for false application. |
20 | A person who fraudulently or willfully makes a material |
21 | misstatement of fact in connection with an application for |
22 | assistance under this subchapter commits a misdemeanor of the |
23 | third degree. In addition to any other sentence imposed, the |
24 | defendant shall be ordered to repay to the Commonwealth the |
25 | amount of funds received under the application. |
26 | Section 5. Sections 7312, 7313, 7314, 7320, 7501, 7502, |
27 | 7503, 7504, 7511, 7512, 7513, 7514 and 7515 of Title 35 are |
28 | amended to read: |
29 | § 7312. [Organization.] Pennsylvania Emergency Management |
30 | Council. |
|
1 | [This agency shall consist of and be organized substantially |
2 | as follows: |
3 | (a) Council.--Primary responsibility for overall policy and |
4 | direction of a Statewide civil defense and disaster program and |
5 | response capability of the type hereinafter prescribed shall be |
6 | vested in a body legally known as the Pennsylvania Emergency |
7 | Management Council, which] |
8 | (a) Establishment.-- |
9 | (1) The Pennsylvania Emergency Management Council is |
10 | established within the agency. |
11 | (2) (i) The council shall be composed of: the Governor, |
12 | the Lieutenant Governor, the Adjutant General, the |
13 | Secretary of the Budget, the director, the Secretary of |
14 | Administration, the Secretary of State, the Secretary of |
15 | Education, the Secretary of General Services, the |
16 | Secretary of Labor and Industry, the Secretary of Health, |
17 | the Attorney General, the Governor's General Counsel, the |
18 | Secretary of Community [Affairs,] and Economic |
19 | Development, the Secretary of Conservation and Natural |
20 | Resources, the Secretary of Environmental Protection, the |
21 | Secretary of Transportation, the Secretary of |
22 | Agriculture, the Secretary of Public Welfare, the |
23 | Commissioner of the Pennsylvania State Police, [Chairman] |
24 | the Chairperson of the Pennsylvania Public Utility |
25 | Commission, the State Fire Commissioner, or any of their |
26 | designees, and the Speaker of the House of |
27 | Representatives, the President pro tempore of the Senate, |
28 | the Minority Leader of the Senate and the Minority Leader |
29 | of the House of Representatives or their designee. [The |
30 | Speaker of the House of Representatives, President pro |
|
1 | tempore of the Senate, Minority Leader of the Senate and |
2 | Minority Leader of the House of Representatives may |
3 | authorize a member of their respective Houses of the |
4 | General Assembly to serve in their stead.] |
5 | (ii) The Governor may authorize up to two |
6 | representatives of business and industry, up to two |
7 | representatives of labor, up to two public members at |
8 | large and one representative respectively of the |
9 | [Pennsylvania State Association of] County Commissioners |
10 | Association of Pennsylvania, the Pennsylvania State |
11 | Association of Township Commissioners, the Pennsylvania |
12 | State Association of Township Supervisors, the |
13 | Pennsylvania League of Cities and Municipalities [and], |
14 | the Pennsylvania State Association of Boroughs and the |
15 | Keystone Emergency Management Association to be nonvoting |
16 | members of the council. |
17 | (iii) The Governor [may designate a member to] shall |
18 | serve as [chairman.] chair. |
19 | (iv) The Governor may also appoint representatives |
20 | of key private sectors, including the energy utility, |
21 | medical, police, fire, emergency medical services, |
22 | communications, transportation, education, agriculture |
23 | and labor sectors, and two members-at-large to serve as |
24 | nonvoting council members. |
25 | (3) Five voting members shall constitute a quorum. |
26 | (b) Compensation and expenses.--The members shall serve |
27 | without compensation, but may be reimbursed for their actual and |
28 | necessary traveling and other expenses incurred in connection |
29 | with attendance at meetings. |
30 | (c) Regular meetings.--For the conduct of routine business, |
|
1 | including particularly the consideration of matters of basic |
2 | policy, the council shall meet at the call of the [chairman and |
3 | at least three times during each calendar year.] chair. |
4 | (d) Emergency meetings.--In the event of [attack or disaster |
5 | situations determined actually or likely to be of such nature, |
6 | magnitude, severity or duration as to necessitate extensive or |
7 | extraordinary deployment and use of Commonwealth resources for |
8 | emergency purposes] the occurrence of an emergency, the |
9 | [chairman shall, within not more than 72 hours immediately |
10 | following such determination,] chair may call the council into |
11 | emergency session[,] for consideration of actions taken or to be |
12 | taken. [In] The director may call such meetings in the absence |
13 | of the [chairman, notice of such meetings shall be disseminated |
14 | to the membership by the State director.] chair. |
15 | [(e) State director.--To supervise the work and activities |
16 | comprising the State Civil Defense and Disaster Program, the |
17 | Governor shall appoint an individual to act, on a full-time |
18 | basis, as director of the agency. The director shall perform all |
19 | such fiscal, planning, administrative, operational and other |
20 | duties as may be assigned to him by the council and shall act as |
21 | the chairman's principal assistant in civil defense and disaster |
22 | matters. The director or the director's designee is also the |
23 | State coordinating officer responsible to coordinate and |
24 | supervise the Commonwealth and local disaster response effort |
25 | following a presidential declaration of an emergency or a major |
26 | disaster.] |
27 | (f) Staff.--[The council shall, within the limitations of |
28 | appropriations made to the agency, arrange for the employment of |
29 | such professional, technical, administrative and other staff |
30 | personnel as may be deemed essential to the development and |
|
1 | maintenance of a Statewide civil defense and disaster plan and |
2 | program of the type hereinafter prescribed. All such personnel |
3 | shall be employed and subject to pertinent provisions of the act |
4 | of August 5, 1941 (P.L.752, No.286), known as the "Civil Service |
5 | Act," and the Commonwealth Compensation Plan.] The agency shall |
6 | provide the council with such staff and other services as may be |
7 | required for the council to carry out its responsibilities under |
8 | this part. |
9 | [(g) Office space, equipment and services.--The agency shall |
10 | be furnished necessary and appropriate office space, furniture, |
11 | equipment, supplies and services in the same general manner as |
12 | are other Commonwealth departments and agencies. |
13 | (h) Emergency communications.--The agency shall maintain an |
14 | integrated communications capability designed to provide to all |
15 | areas and counties weather advisories, river forecasts, |
16 | warnings, and direction and control of all emergency |
17 | preparedness functions within the Commonwealth. The agency shall |
18 | coordinate the Commonwealth's emergency communication systems, |
19 | sharing of information and weather emergency notification among |
20 | the National Weather Service, contiguous State emergency |
21 | management offices, local coordinators of emergency management, |
22 | the Pennsylvania State Police, local police departments, private |
23 | relief associations and other appropriate organizations. |
24 | Additionally, the agency shall establish the sole Statewide |
25 | telephone number that persons, including county and municipal |
26 | emergency management personnel, may use to report incidences of |
27 | radioactive and hazardous materials and other disaster |
28 | emergencies. |
29 | (i) Administrative provisions.--Except as otherwise provided |
30 | in this part, the agency shall be subject to the provisions of |
|
1 | the act of April 9, 1929 (P.L.177, No.175), known as "The |
2 | Administrative Code of 1929."] |
3 | (j) Commonwealth Disaster Recovery Task Force.--The director |
4 | shall organize the Commonwealth Disaster Recovery Task Force to, |
5 | when directed by the Governor, review and conduct studies of |
6 | disasters that occur in this Commonwealth, their causes and |
7 | impacts, make recommendations to prevent future disasters, |
8 | lessen their impact and help expedite recovery at the State and |
9 | local level. The members of the council shall serve on the task |
10 | force and may invite other organizations and Commonwealth |
11 | agencies to participate as needed. |
12 | § 7313. Powers and duties. |
13 | The agency shall [have the following powers and duties] |
14 | develop a comprehensive emergency management and preparedness |
15 | system for this Commonwealth, in coordination with other |
16 | Commonwealth agencies as designated by the Governor. In order to |
17 | develop the system, the agency shall: |
18 | (1) [To prepare] Prepare, maintain and keep current [a |
19 | Pennsylvania Emergency Management Plan for the prevention and |
20 | minimization of injury and damage caused by disaster, prompt |
21 | and effective response to disaster and disaster emergency |
22 | relief and recovery.] the Commonwealth emergency management |
23 | program. The [plan] program may include provisions for: |
24 | (i) Preparedness standards established by the United |
25 | States Department of Homeland Security and the Federal |
26 | Emergency Management Agency. |
27 | (ii) [Commonwealth] State, regional and local |
28 | [disaster] emergency management responsibilities. |
29 | (iii) Assistance to Commonwealth agencies, regional |
30 | task forces, local government officials, [schools and |
|
1 | custodial child] dependent care facilities [in designing |
2 | emergency management plans and training programs] and the |
3 | private sector in developing their systems of emergency |
4 | management and preparedness. |
5 | (iv) Organization of manpower[,] and chains of |
6 | command[, continuity of government] in emergency |
7 | situations and emergency operational principles. |
8 | (v) Coordination of Federal, [Commonwealth] State, |
9 | regional and local [disaster] preparedness and emergency |
10 | management activities. |
11 | (vi) Coordination of the [Commonwealth Emergency |
12 | Management Plan with the disaster plans of the Federal |
13 | Government and those of other states] State emergency |
14 | operations plan with other Commonwealth agencies as |
15 | designated by the Governor, the United States Department |
16 | of Homeland Security, the Federal Emergency Management |
17 | Agency and other states. |
18 | (vii) Assistance to the Commonwealth, regional task |
19 | forces, school districts and local governments in |
20 | obtaining, utilizing and managing Federal and |
21 | [Commonwealth] State disaster assistance. |
22 | (viii) Supply to appropriate [Commonwealth] State |
23 | and local officials and regional task forces State |
24 | catalogs of Federal, [Commonwealth] State and private |
25 | assistance programs. |
26 | (ix) [Identification of areas particularly |
27 | vulnerable to disasters.] Accreditation programs for |
28 | county and local emergency management programs, |
29 | Commonwealth emergency management certification programs |
30 | and qualification standards for appointed emergency |
|
1 | management coordinators. |
2 | (x) Recommendations for zoning, building and other |
3 | land-use controls; safety measures pertaining to |
4 | nonpermanent or semipermanent structures; resource |
5 | conservation and allocation; and other preventive and |
6 | preparedness measures designed to eliminate or reduce |
7 | disasters or their impact. |
8 | (xi) Authorization and procedures for the erection |
9 | or other construction of temporary works designed to |
10 | protect against or mitigate danger, damage or loss from |
11 | flood, conflagration or other disaster in coordination |
12 | with the Department of Environmental Protection. |
13 | (1.1) Maintain and keep current the State emergency |
14 | operations plan, the State hazard mitigation plan and any |
15 | other related and supporting plans as necessary or required |
16 | by Federal or State law or regulation. |
17 | (2) [To establish] Establish, equip and staff [a |
18 | Commonwealth and area emergency operations center] |
19 | Commonwealth emergency operation centers with a consolidated |
20 | Statewide system of warning and provide a system of disaster |
21 | communications integrated with those of Federal[, |
22 | Commonwealth and local] agencies, Commonwealth agencies, |
23 | regional task forces and political subdivisions involved in |
24 | disaster emergency operations. |
25 | (3) [To promulgate] Promulgate, adopt and enforce such |
26 | rules, regulations, standards, directives and orders as may |
27 | be deemed necessary to carry out the provisions of this part. |
28 | (4) [To provide] Provide technical guidance, advice and |
29 | assistance to Commonwealth agencies, [political subdivisions, |
30 | schools and custodial child care facilities] regional task |
|
1 | forces, county emergency management programs, local emergency |
2 | management programs, school districts and dependent care |
3 | facilities in the preparation of [disaster] emergency |
4 | [management] plans or components thereof [and to periodically |
5 | review such plans and suggest or require revisions]. |
6 | (5) [To establish] Establish and operate, or assist |
7 | [political subdivisions] county emergency management |
8 | programs, local emergency management programs and regional |
9 | task forces in establishing and operating, training programs |
10 | and programs of public information. |
11 | (6) [To supply] Supply appropriate Commonwealth [and |
12 | local agencies and officials] agencies, county emergency |
13 | management programs, local emergency management programs and |
14 | the general public with precautionary notices, watches and |
15 | warnings relating to actual and potential disasters and [to] |
16 | provide a flow of official information and instructions to |
17 | the general public through all means available before, during |
18 | and after an emergency. The agency shall [implement] maintain |
19 | a program of integrated flood warning systems among political |
20 | subdivisions[. The agency shall] and establish coordinated |
21 | flood notification and early warning systems along prescribed |
22 | major river basins and selected tributaries thereof in this |
23 | Commonwealth. |
24 | (7) [To provide] Provide emergency direction and |
25 | [control] coordination of Commonwealth [and local] emergency |
26 | operations[.] by overseeing the identification and commitment |
27 | of all Commonwealth personnel, equipment and resources |
28 | through the use of an incident command system. The tactical |
29 | and operational control of the resources of a Commonwealth |
30 | agency shall remain with that respective agency. |
|
1 | (8) [To determine] Determine the need for, maintain |
2 | information regarding and procure materials, supplies, |
3 | equipment, facilities and services necessary for [disaster |
4 | emergency readiness, response and recovery] preparedness and |
5 | emergency management. |
6 | (9) [To make] Make or request of Commonwealth [or local |
7 | agencies and officials] agencies, county emergency management |
8 | programs, local emergency management programs or regional |
9 | task forces, studies, surveys and reports as are necessary to |
10 | carry out the purposes of this part. |
11 | (10) [To plan] Plan and make arrangements for the |
12 | availability and use of any private facilities, services and |
13 | property and, if necessary and if in fact used, provide for |
14 | payment for use under terms and conditions agreed upon. |
15 | (11) [To prepare] Prepare, for issuance by the Governor, |
16 | executive orders, proclamations and regulations as necessary |
17 | or appropriate in coping with disasters. |
18 | (12) [To cooperate] Cooperate with the Federal |
19 | Government and any public or private agency or entity in |
20 | achieving any purpose of this part and in implementing |
21 | programs for [disaster prevention, preparation, response and |
22 | recovery] preparedness and emergency management. |
23 | (13) [To administer] Administer grant programs [to |
24 | political subdivisions for disaster management] and provide |
25 | grants and other funding assistance subject to availability |
26 | of appropriated funds, in coordination with other |
27 | Commonwealth agencies as designated by the Governor. |
28 | (14) [To accept] Accept and coordinate assistance |
29 | provided by Federal agencies in major disasters or |
30 | emergencies in accordance with the provisions of [The Robert |
|
1 | T. Stafford Disaster Relief and Emergency Assistance Act |
2 | (Public Law 93-288, 42 U.S.C. § 5121 et seq.), or any |
3 | amendment or reenactment thereof.] the Stafford Act. |
4 | (15) [To] In conjunction with the Department of |
5 | Environmental Protection, respond to [disaster] disasters |
6 | relating to [atomic] nuclear or radiological energy |
7 | operations or radioactive objects or materials. Any such |
8 | action taken and any regulations adopted by the [office] |
9 | agency shall be inapplicable to any objects or materials |
10 | possessing a radiation-producing capacity less than that set |
11 | forth as the maximum safety limit by the standards endorsed |
12 | and as may be subsequently endorsed by the United States |
13 | Nuclear Regulatory Commission or the Environmental Protection |
14 | Agency for the protection of life and property and the |
15 | maintenance of health and safety. |
16 | (16) [To take] Take other action necessary, incidental |
17 | or appropriate for the implementation of this part. |
18 | (17) [To report] Report annually to the Governor and the |
19 | General Assembly the state of preparedness of the |
20 | Commonwealth to deal with [attack or] disaster and those |
21 | significant events occurring within the past year. |
22 | (17.1) Report semiannually to the Governor and the |
23 | chairman and minority chairman of the Appropriations |
24 | Committee of the Senate and the chairman and minority |
25 | chairman of the Appropriations Committee of the House of |
26 | Representatives regarding all grants awarded by the agency |
27 | from Federal disaster assistance or relief funds, homeland |
28 | security and defense funds, avian flu/pandemic preparedness |
29 | or other public health emergency funds. The reports shall |
30 | include information relating to the entity receiving grant |
|
1 | money from the agency, including the name and address of the |
2 | entity, the amount of the grant, the date of issuance and the |
3 | purpose of the grant. Reports shall be submitted on or before |
4 | August 15 of each year for grants awarded during the period |
5 | from January 1 through June 30 and on or before February 15 |
6 | of each year for grants awarded during the period from July 1 |
7 | through December 31. |
8 | (18) [To recommend] Recommend to the Governor |
9 | legislation or other actions as deemed necessary in |
10 | connection with the purposes of this part. |
11 | [(19) To provide, from its own stockpiles or other |
12 | sources, emergency operational equipment, materials and |
13 | supplies required and available for essential supplementation |
14 | of those owned, acquired and used by Commonwealth, county and |
15 | local departments and agencies for attack and disaster |
16 | operations. The agency shall establish two regional emergency |
17 | supply warehouses. One shall be located in the western part |
18 | of this Commonwealth, and one shall be located in the eastern |
19 | part of this Commonwealth.] |
20 | (20) For the period during which an emergency is |
21 | declared by the Governor, [to] incur obligations for or |
22 | purchase such materials and supplies as may be necessary to |
23 | combat a disaster, protect the health and safety of persons |
24 | and property and provide emergency assistance to victims of a |
25 | disaster without complying with formal bidding or other time- |
26 | consuming contract procedures. |
27 | (21) [To require] Require hydroelectric generating |
28 | facilities and dam operators to [do all of the following: |
29 | (i) Provide minimum competency testing for their |
30 | operators. |
|
1 | (ii) Submit plans for flood notification and warning.] |
2 | submit plans for flood notification and warning and provide |
3 | inundation maps in accordance with direction from the |
4 | Department of Environmental Protection. |
5 | (22) Establish policies and procedures to coordinate and |
6 | implement all search and rescue activities with the Federal |
7 | Government, other states, other Commonwealth agencies and |
8 | political subdivisions. The agency may dispatch authorized |
9 | personnel and specialized equipment to disaster emergency or |
10 | training sites within or outside this Commonwealth for search |
11 | and rescue, training and other emergency response purposes. |
12 | The agency may immediately dispatch those personnel and |
13 | equipment to a disaster site without regard to procedures and |
14 | formalities prescribed by law, except for constitutional |
15 | requirements, pertaining to the performance of public work, |
16 | entering into contracts, the incurring of obligations, the |
17 | employment of temporary workers, the rental or purchase of |
18 | supplies, material, equipment and other related activities. |
19 | (23) Maintain an integrated communications capability |
20 | designed to allow all public safety answering points, county |
21 | dispatch centers and first responders to communicate with the |
22 | State emergency operations center and to facilitate Next |
23 | Generation 911 implementation. |
24 | (24) Establish and maintain a Statewide incident |
25 | reporting system and methodology for all-hazards information. |
26 | All Commonwealth agencies, county emergency management |
27 | programs, county 911 centers and other entities required to |
28 | provide all-hazards information to the agency under this part |
29 | and other State law shall contribute all-hazards information |
30 | to the system. |
|
1 | (25) Assist with the implementation of the National |
2 | Infrastructure Protection Plan and the Commonwealth Critical |
3 | Infrastructure Preparedness Plan in coordination with other |
4 | Commonwealth agencies as designated by the Governor. |
5 | (26) Conduct all-hazards exercises, as appropriate. |
6 | § 7314. Utilization of existing services and facilities. |
7 | In order to avoid duplication of services and facilities, the |
8 | agency shall utilize the services and facilities of existing |
9 | officers, offices, departments, commissions, boards, bureaus, |
10 | institutions and other agencies of the Commonwealth and of the |
11 | political subdivisions thereof. These officers and agencies |
12 | shall cooperate with and extend their services and facilities to |
13 | the agency as requested and consistent with other operational |
14 | requirements of that agency. |
15 | § 7320. Radiological emergency [response preparedness, planning |
16 | and recovery] preparedness and management program. |
17 | (a) Establishment of program.--In addition to the powers and |
18 | duties of the agency set forth in section 7313 (relating to |
19 | powers and duties), the agency shall develop, establish and |
20 | maintain, in consultation with the Department of Environmental |
21 | Protection, a standardized, Statewide radiological emergency |
22 | [response preparedness, planning and recovery] preparedness and |
23 | management program consistent with the Commonwealth's [Emergency |
24 | Management Plan] emergency management program and [in |
25 | accordance] consistent with other applicable Federal regulations |
26 | and State laws for each nuclear generating facility that has |
27 | received an operating license from the Nuclear Regulatory |
28 | Commission. |
29 | (b) Agency functions.--The specific functions of the agency |
30 | under the radiological emergency [response preparedness, |
|
1 | planning and recovery] preparedness and management program shall |
2 | include, but not be limited to: |
3 | (1) Serving as the point of contact for the coordination |
4 | and management of the Statewide response and provide for |
5 | interface between the affected [facilities] counties and |
6 | other Commonwealth agencies [and departments, counties, |
7 | municipalities], Federal agencies, regional task forces, |
8 | political subdivisions and school districts. |
9 | (2) [Annual] Overseeing the annual review and revision, |
10 | as necessary, of the risk county and support county |
11 | radiological emergency response plans to ensure that they are |
12 | consistent with the [Commonwealth's] State Emergency |
13 | [Management] Operations Plan. |
14 | (3) Participation in required exercises, including |
15 | emergency communication drills and tests[, as based upon |
16 | mutually agreed schedules and parameters]. |
17 | (4) Participation in the Federal full participation |
18 | exercises scheduled for commercial nuclear [generation] power |
19 | stations. |
20 | (5) Review and revision, as necessary, of [Annex E, |
21 | "Radiological Emergency Response to Nuclear Power Plant |
22 | Incidents," of the Commonwealth's Emergency Management Plan] |
23 | the Commonwealth's nuclear/radiological incident plan, and |
24 | support of the annual review by the Department of |
25 | Environmental Protection of the onsite emergency response |
26 | plan of each [utility] nuclear power plant licensee to ensure |
27 | that it is consistent with the [annex] plan. |
28 | (6) [Seeking formal Federal review and approval of the |
29 | Commonwealth's Annex E to its Emergency Management Plan and |
30 | the county, municipal and other plans in accordance with 44 |
|
1 | CFR Part 350 (relating to review and approval of state and |
2 | local radiological emergency plans and preparedness). Once |
3 | Federal approval is obtained for the plans, the agency shall |
4 | seek to maintain that approval status.] (Reserved). |
5 | (7) Annual review of municipal and school district |
6 | radiological emergency response plans in conjunction with the |
7 | respective county emergency management [agencies to ensure |
8 | that they are consistent with the applicable county |
9 | radiological emergency response plans] program. |
10 | (8) [Assisting in] Overseeing the update of lesson plans |
11 | used by each [utility] nuclear power plant licensee for |
12 | county, municipal, school and volunteer agency offsite |
13 | training purposes [and, to the extent necessary to obtain |
14 | Federal approval, participation in this training effort] with |
15 | the objective to standardize training material to the extent |
16 | possible to support sharing of resources between Offsite |
17 | Response Organizations. |
18 | (9) [Annual review of] Review of any design changes to |
19 | the [Alert Notification System Report] alert and notification |
20 | system for each commercial nuclear [generating] power station |
21 | [to ensure that current information from the State and county |
22 | plans are included in the report] and assist in the |
23 | coordination of siren or other emergency communication tests |
24 | with each [utility] nuclear power plant licensee, the |
25 | appropriate counties and adjacent states. |
26 | (10) Coordinating the review and update of emergency |
27 | information brochures with the respective counties and |
28 | [utilities] nuclear power plant licensees. |
29 | (11) Participation with each [utility] nuclear power |
30 | plant licensee in planning and program meetings scheduled |
|
1 | with [counties, municipalities] political subdivisions, |
2 | dependent care facilities and school districts. |
3 | (12) Developing planning and preparedness procedures for |
4 | emergency response within the ingestion exposure pathway |
5 | emergency planning zone. |
6 | (13) Providing a qualified [press secretary] public |
7 | information officer or designee to participate in the |
8 | operation of a joint information center upon its activation |
9 | by a [utility] nuclear power plant licensee. |
10 | (14) Performing actions necessary to satisfy the |
11 | Commonwealth's responsibilities relative to Federal guidance |
12 | memoranda. |
13 | (15) Providing reasonable assistance and support |
14 | requested by a [utility] nuclear power plant licensee from |
15 | time to time in connection with the [utility] nuclear power |
16 | plant licensee obtaining or maintaining, or both, an |
17 | emergency plan acceptable to Federal regulatory entities |
18 | having jurisdiction over the [utility] nuclear power plant |
19 | licensee. |
20 | (16) Providing other reasonable assistance and support |
21 | requested by [utilities] nuclear power plant licensees from |
22 | time to time. |
23 | (17) Providing guidance to [State, county and municipal |
24 | elected officials, departments and agencies and school |
25 | districts in order] Commonwealth agencies, political |
26 | subdivisions, school districts and dependent care facilities |
27 | to ensure compliance with this section and all other |
28 | applicable Federal and State radiation protection safety |
29 | laws. |
30 | (18) [Providing] Coordinating redundant communications' |
|
1 | capability between the agency's headquarters and each |
2 | [generating] commercial nuclear power station in this |
3 | Commonwealth sufficient to meet Federal and State regulatory |
4 | requirements. |
5 | (c) Establishment of fund.--[There is hereby created in the |
6 | General Fund a] A nonlapsing restricted receipt account to be |
7 | known as the Radiological Emergency Response Planning and |
8 | Preparedness Program Fund is established in the General Fund. |
9 | [Fees received under subsection (d) shall be deposited in this |
10 | fund.] Moneys in the fund are hereby appropriated to the agency |
11 | to carry out its responsibilities under subsections (a) and (b). |
12 | § 7501. General authority of [political subdivisions] county |
13 | and local emergency management programs. |
14 | (a) Establishing emergency management [organization] |
15 | programs.--[Each political subdivision of this Commonwealth is |
16 | directed and authorized to establish a local emergency |
17 | management organization in accordance with the plan and program |
18 | of the Pennsylvania Emergency Management Agency. Each local |
19 | organization shall have responsibility for emergency management, |
20 | response and recovery within the territorial limits of the |
21 | political subdivision within which it is organized] Within two |
22 | years of the effective date of Chapter 79 (relating to public |
23 | health emergency measures), a political subdivision shall |
24 | establish an emergency management program consistent with the |
25 | Commonwealth emergency management program within its |
26 | jurisdictional limits as required by the agency and, in |
27 | addition, shall conduct such services outside of its |
28 | jurisdictional limits as may be required under this part. |
29 | (b) Declaration of local disaster emergency.-- |
30 | (1) A local disaster emergency may be declared by |
|
1 | official action of the governing body of a political |
2 | subdivision upon finding a disaster emergency has occurred or |
3 | is imminent. The governing body of a political subdivision |
4 | may authorize the [mayor or other] chief elected executive |
5 | officer to declare a local disaster emergency subject to |
6 | ratification by official action of the governing body. |
7 | (2) The [declaration] declared disaster emergency shall |
8 | be issued by executive order or proclamation and shall |
9 | continue until the governing body or the chief elected |
10 | executive officer, as the case may be, finds that the threat |
11 | or danger has passed or the disaster has been dealt with to |
12 | the extent that emergency conditions no longer exist. |
13 | (3) A declared disaster emergency shall not [be |
14 | continued] continue or be renewed for a period in excess of |
15 | [seven] 30 days except by [or with the consent] official |
16 | action of the governing body of the political subdivision. |
17 | (4) All executive orders or proclamations issued under |
18 | this subsection shall indicate the nature of the disaster |
19 | emergency, the area or areas threatened and the conditions |
20 | which have brought the disaster emergency about or which make |
21 | possible termination of the declared disaster emergency. |
22 | (5) Any order or proclamation declaring, continuing or |
23 | terminating a [local] county disaster emergency shall be |
24 | given prompt and general publicity and shall be filed |
25 | promptly with the agency. |
26 | (6) Any order or proclamation declaring, continuing or |
27 | terminating a municipal disaster emergency shall be given |
28 | prompt and general publicity and shall be filed promptly with |
29 | the agency through the appropriate county emergency |
30 | management program. |
|
1 | (7) The effect of a declaration of a local disaster |
2 | emergency is to activate the response and recovery aspects of |
3 | any and all applicable local emergency [management] plans and |
4 | to authorize the furnishing of aid and assistance thereunder. |
5 | (c) Contracts and obligations.--In carrying out the |
6 | provisions of this part, each political subdivision shall have |
7 | the power to enter into contracts and incur obligations |
8 | necessary to manage the disaster emergency [management, response |
9 | and recovery]. |
10 | (d) Temporary suspension of formal requirements.--Each |
11 | political subdivision included in a declaration of disaster |
12 | emergency declared by either the Governor or the governing body |
13 | or chief executive elected officer of the political subdivision |
14 | affected by the disaster emergency is authorized to exercise the |
15 | powers vested under this section in the light of the exigencies |
16 | of the emergency situation without regard to time-consuming |
17 | procedures and formalities prescribed by law [(excepting |
18 | [mandatory constitutional requirements)], excepting |
19 | constitutional requirements, pertaining to the performance of |
20 | public work, entering into contracts, the incurring of |
21 | obligations, the employment of temporary workers, the rental of |
22 | equipment, the purchase of supplies and materials, the levying |
23 | of taxes and the appropriation and expenditure of public funds. |
24 | (e) Employment of personnel.--In order to meet prescribed |
25 | requirements for eligibility to receive Federal contributions |
26 | authorized under the provisions of the Federal Civil Defense Act |
27 | of 1950 (64 Stat. 1245, 50 U.S.C. App. § 2251 et seq.) or any |
28 | amendment or reenactment thereof, political subdivisions are |
29 | authorized to avail themselves of services offered by the State |
30 | Civil Service Commission under the provisions of the act of |
|
1 | August 5, 1941 (P.L.752, No.286), known as the ["]Civil Service |
2 | Act,["] in connection with the employment of personnel in [local |
3 | organizations] a county emergency management program or a local |
4 | emergency management program established pursuant to the |
5 | provisions of this part. |
6 | (f) Intergovernmental cooperation.--Notwithstanding the |
7 | provisions of 53 Pa.C.S. § 2302 (relating to definitions), two |
8 | or more municipalities may jointly cooperate in the |
9 | establishment of a local emergency management program through |
10 | the organization or enactment of a council of governments, a |
11 | letter of agreement or other governing structure in conformance |
12 | with the provisions of 53 Pa.C.S. Ch. 23 Subch. A (relating to |
13 | intergovernmental cooperation) and in conformance with standards |
14 | established by the agency. |
15 | § 7502. [Local coordinator of emergency management] County and |
16 | local emergency management coordinators. |
17 | (a) General rule.--[Each local organization of emergency |
18 | management shall have] Each county emergency management program |
19 | and each local emergency management program shall appoint a |
20 | coordinator who shall be responsible for the planning, |
21 | administration and operation of the [local organization] |
22 | respective emergency management program subject to the direction |
23 | and control of the chief elected executive officer [or] and |
24 | governing body. The duties of and continuing education and |
25 | certification standards for a coordinator shall be prescribed by |
26 | the agency. In addition to the qualifications under this |
27 | section, the agency shall prescribe other qualifications for the |
28 | appointment of coordinators as it deems necessary. |
29 | (b) County coordinator.--[A coordinator shall be appointed |
30 | in all counties with approval of the director of the agency. The |
|
1 | executive officer or governing body of the county shall |
2 | recommend a coordinator whose recommendation must be endorsed by |
3 | the director of the agency prior to appointment by the Governor. |
4 | Upon failure of the executive officer or governing body of the |
5 | county to make a recommendation of a person for coordinator |
6 | within the time fixed by the agency, the Governor is authorized |
7 | to appoint a coordinator based upon the recommendation of the |
8 | director of the agency.] |
9 | (1) The chief elected executive officer of each county |
10 | shall recommend the appointment of a coordinator of the |
11 | county emergency management program to the director, within |
12 | 90 days of a vacancy and a coordinator shall only be |
13 | appointed with the approval of the director. |
14 | (2) A temporary or acting coordinator shall be appointed |
15 | by the chief elected executive officer, and the agency shall |
16 | be notified of the appointment within 24 hours of a vacancy. |
17 | At no time shall the coordinator position remain vacant for |
18 | more than 24 hours. |
19 | (3) The coordinator [of the county organization] shall |
20 | not be assigned any duties that will [conflict] interfere |
21 | with [his duty] the duties as coordinator. |
22 | (c) [Local level.--At the local level, the coordinator shall |
23 | be appointed by the Governor upon the recommendation of the |
24 | executive officer or governing body of the political |
25 | subdivision. Upon the failure of the executive officer or |
26 | governing body of a political subdivision to make a |
27 | recommendation to the Governor of a candidate for coordinator |
28 | within the time fixed by the agency, the Governor is authorized |
29 | to appoint a coordinator without any recommendation. A candidate |
30 | for coordinator for two or more political subdivisions may be |
|
1 | recommended to the Governor for appointment upon agreement by |
2 | resolution of the governing bodies of such political |
3 | subdivisions. Any other law notwithstanding, a local government |
4 | official may be recommended for appointment.] Local |
5 | coordinators.-- |
6 | (1) The chief elected executive officer of a |
7 | municipality with a local emergency management program shall |
8 | appoint a coordinator and provide written notice to the |
9 | county where the local emergency management program is |
10 | located within 30 days following his appointment. |
11 | (2) A temporary or acting coordinator shall be appointed |
12 | by the chief elected executive officer and the county shall |
13 | be notified of the appointment within 24 hours of a vacancy. |
14 | At no time shall the coordinator position remain vacant for |
15 | more than 24 hours. |
16 | (3) Notwithstanding any other provision of law, a local |
17 | government official may be appointed as a coordinator under |
18 | this subsection, provided that the official complies with the |
19 | qualifications for appointment prescribed by the agency as |
20 | contained in this section. |
21 | (d) Qualifications and removal.--[The] |
22 | (1) A coordinator shall be professionally competent and |
23 | capable of planning, effecting coordination among operating |
24 | agencies of government and controlling coordinated operations |
25 | by local emergency preparedness forces. |
26 | (2) (i) A coordinator may be removed for incompetence, |
27 | dishonesty or commitment of an offense involving moral |
28 | turpitude under Federal, State or local laws or |
29 | ordinances. |
30 | (ii) The agency, or appointing entity, may remove a |
|
1 | county or local coordinator who fails to comply with the |
2 | continuing education and certification requirements |
3 | prescribed by the agency. |
4 | (e) In-service training.--Each coordinator appointed |
5 | [coordinator] under this section shall: |
6 | (1) [Attend and successfully complete the first phase of |
7 | the career development program as prescribed by the agency |
8 | within one year after appointment.] Successfully complete the |
9 | basic certification program of the agency within one year |
10 | after appointment. |
11 | (2) [Attend and successfully complete the second phase |
12 | of the career development program as prescribed by the agency |
13 | within three years after appointment.] Successfully complete |
14 | the advanced certification program of the agency within three |
15 | years after appointment. |
16 | (3) Attend basic and advanced seminars, workshops and |
17 | training conferences [called] required by the [State director |
18 | and/or official having responsibility for providing the |
19 | coordinator with in-service training] agency. |
20 | (4) Meet the training, continuing education, |
21 | certification and qualification requirements prescribed by |
22 | and within the time frames established by the agency. |
23 | [Failure to attend the instruction described in this subsection |
24 | or failure to attend a prescribed training conference for a |
25 | period of two consecutive years shall be cause for replacement. |
26 | The State Director of Emergency Management may grant credit |
27 | toward meeting the requirements of this subsection to appointed |
28 | local coordinators on the basis of prior experience and |
29 | training.] |
30 | (e.1) Credit.--At the discretion of the director, a |
|
1 | coordinator may receive credit toward meeting the requirements |
2 | of subsection (e) on the basis of prior experience and training |
3 | of the coordinator. |
4 | (f) Responsibility for training.--Responsibility for the |
5 | professional in-service training of each coordinator rests with |
6 | each successive higher [political subdivision] emergency |
7 | management program than the one in which the coordinator is |
8 | functioning. |
9 | (g) Expenses.--[Each appointed] The county, municipality or |
10 | council of governments served by the coordinator shall reimburse |
11 | the coordinator [shall be reimbursed] for actual expenses |
12 | incurred in the performance of his duties and attendance at |
13 | scheduled meetings, exercises and required training. |
14 | § 7503. Powers and duties of [political subdivisions] county |
15 | and local emergency management programs. |
16 | (a) General rule.--Each [political subdivision shall, either |
17 | individually or pursuant to the provisions of the act of July |
18 | 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental |
19 | Cooperation Law, adopt an Intergovernmental Cooperation |
20 | agreement with other political subdivisions to:] county |
21 | emergency management program and each local emergency management |
22 | program shall: |
23 | (1) Prepare, maintain and keep current [a disaster], as |
24 | specified by the agency, emergency management [plan for the |
25 | prevention and minimization of injury and damage caused by |
26 | disaster, prompt and effective response to disaster and |
27 | disaster emergency relief and recovery in consonance with the |
28 | Pennsylvania Emergency Management Plan] plans. |
29 | (2) Establish, equip and staff an emergency operations |
30 | center, consolidated with warning and communication systems |
|
1 | to support government operations in emergencies and provide |
2 | other essential facilities and equipment for agencies and |
3 | activities assigned emergency functions in accordance with |
4 | agency directives. |
5 | (3) Provide individual and organizational training |
6 | programs to [insure] ensure prompt, efficient and effective |
7 | disaster emergency services. |
8 | (4) Organize, prepare and coordinate all locally |
9 | available manpower, materials, supplies, equipment, |
10 | facilities and services necessary for response to disaster |
11 | [emergency readiness, response and recovery] emergencies. |
12 | (5) Adopt and implement precautionary measures to |
13 | mitigate the anticipated effects of disaster. |
14 | (6) Execute and enforce such rules and orders as the |
15 | agency shall adopt and promulgate under the authority of this |
16 | part. |
17 | (7) Cooperate and coordinate with any public [and] or |
18 | private agency or entity in achieving any purpose of this |
19 | part. |
20 | (8) Have available for inspection at its emergency |
21 | operations center all emergency management plans, rules and |
22 | orders of the Governor and the agency. |
23 | (9) Provide prompt and accurate information regarding |
24 | local disaster emergencies to appropriate Commonwealth and |
25 | local officials and agencies and the general public. |
26 | (10) Participate in [all] tests, drills and exercises, |
27 | including remedial drills and exercises, scheduled by the |
28 | agency or by the Federal Government. |
29 | (11) Participate in the program of integrated flood |
30 | warning systems under section 7313(6) (relating to powers and |
|
1 | duties). |
2 | (b) County emergency management program.--A county shall |
3 | develop, maintain and manage its emergency management program |
4 | and capabilities as prescribed by the agency. The program shall |
5 | include the following: |
6 | (1) Coordinating resource management to ensure that |
7 | county and appropriate municipal resources are properly |
8 | organized, trained and equipped and have adequate plans to |
9 | safely and effectively accomplish assigned missions. |
10 | (2) Maintaining a countywide listing of county and |
11 | municipal resources. |
12 | (3) Providing updated resource management information to |
13 | the agency upon request. |
14 | (4) Implementing and coordinating the county's National |
15 | Incident Management System compliance activities. |
16 | (5) Monitoring progress by municipalities within the |
17 | county in National Incident Management System implementation |
18 | and providing assistance where feasible. |
19 | (6) Following reporting protocols established by the |
20 | agency. |
21 | (7) Developing and implementing county plans, policies |
22 | and procedures that are current with Commonwealth strategies, |
23 | requirements, plans and templates. |
24 | (8) Preparing and maintaining a county hazard |
25 | vulnerability analysis that incorporates all municipal |
26 | hazards. |
27 | (9) Coordinating and monitoring planning activities by |
28 | municipalities within the county and providing assistance |
29 | where feasible. |
30 | (10) Providing training to staff of local emergency |
|
1 | management programs and municipalities within the county. |
2 | (11) Maintaining training records for coordinators of |
3 | local emergency management programs within the county. |
4 | (12) Submitting certification documentation to the |
5 | agency for county staff and staff of municipalities within |
6 | the county. |
7 | (13) Coordinating emergency communications by doing the |
8 | following: |
9 | (i) Encouraging optimal communication and |
10 | coordination between the local emergency management |
11 | programs within the county and local 911 centers in |
12 | accordance with applicable State law. |
13 | (ii) Establishing and managing a county emergency |
14 | operations center using the National Incident Management |
15 | System. |
16 | (iii) Coordinating and cooperating with local |
17 | emergency management programs within the county and other |
18 | relevant organizations and entities for interoperable |
19 | emergency communications. |
20 | (14) Participating in continuity of county government |
21 | and continuity of county operations planning and ensuring |
22 | that county planning is consistent with Statewide and |
23 | regional plans. |
24 | (15) Developing, maintaining and executing an exercise |
25 | and evaluation program in accordance with agency directives |
26 | and the Federal Homeland Security Exercise and Evaluation |
27 | Program or its successor program. |
28 | (16) Participating in planning for continuity of |
29 | municipal government and continuity of municipal operations |
30 | and providing assistance where feasible. |
|
1 | (17) Coordinating the delivery of citizen education |
2 | programs and supplementing materials as necessary. |
3 | (18) Coordinating the delivery of awareness and |
4 | education programs for county and municipal elected officials |
5 | on preparedness and emergency management topics. |
6 | (19) Participating in regional task force activities as |
7 | appropriate. |
8 | (20) Supporting the implementation of the Commonwealth |
9 | Critical Infrastructure Protection Program and the National |
10 | Infrastructure Protection Plan. |
11 | (21) Seeking and promoting opportunities to improve the |
12 | efficiency of emergency preparedness and response through |
13 | regionalization of services as appropriate. |
14 | (22) Advising county officials in matters related to |
15 | disaster preparedness and response. |
16 | (23) Reviewing and accepting emergency action plans and |
17 | emergency operations plans developed by municipalities, |
18 | dependent care facilities and other entities located within |
19 | the county which are required by law or regulation to develop |
20 | and maintain an emergency plan. The coordinator shall provide |
21 | an annual report to the agency on or before March 1 of each |
22 | year describing the status of the plans reviewed under this |
23 | paragraph. |
24 | (24) Coordinating the development and maintenance of a |
25 | countywide animal rescue capability consistent with standards |
26 | and guidelines established by the agency in conjunction with |
27 | the Department of Agriculture and the Pennsylvania State |
28 | Animal Response Team. The coordinator shall engage a county |
29 | animal response team, if one exists, in planning activities. |
30 | (c) Local emergency management program.--A municipality |
|
1 | required to establish a local emergency management program under |
2 | section 7501 (relating to general authority of county and local |
3 | emergency management programs) shall develop, maintain and |
4 | manage programs and capabilities as prescribed by the agency |
5 | which shall include, but not be limited to, the following: |
6 | (1) Coordinating resource management to ensure that |
7 | appropriate municipal resources are properly organized, |
8 | trained and equipped and have adequate plans to safely and |
9 | effectively accomplish the assigned missions. |
10 | (2) Maintaining a current list of municipal resources. |
11 | (3) Providing updated resource management information to |
12 | the county emergency management program where the |
13 | municipality is located and to the county 911 center upon |
14 | request. |
15 | (4) Coordinating the municipality's National Incident |
16 | Management System compliance activities. |
17 | (5) Following reporting protocols established by the |
18 | county emergency management program where the county 911 |
19 | centers and the municipality are located. |
20 | (6) Developing and implementing municipal plans, |
21 | policies and procedures in consultation with law enforcement, |
22 | fire and emergency personnel and medical service providers |
23 | that are consistent with Commonwealth and county strategies, |
24 | requirements, plans and templates. |
25 | (7) Preparing and maintaining a municipal hazard |
26 | vulnerability analysis. |
27 | (8) Providing training for staff of the local emergency |
28 | management program and maintaining training records and |
29 | certification documentation. |
30 | (9) Coordinating emergency communications by doing the |
|
1 | following: |
2 | (i) Establishing and managing a municipal emergency |
3 | operations center in compliance with the National |
4 | Incident Management System. |
5 | (ii) Coordinating and cooperating with the county |
6 | emergency management program where the municipality is |
7 | located and other relevant organizations and entities for |
8 | interoperable emergency communications. |
9 | (10) Participating in continuity of municipal government |
10 | and continuity of municipal operations planning. |
11 | (11) Coordinating the delivery of citizen education |
12 | programs by the municipality and supplementing materials as |
13 | necessary. |
14 | (12) Coordinating the delivery of awareness and |
15 | education programs by the municipality for municipal elected |
16 | officials for preparedness and emergency management topics. |
17 | (13) Participating in county and, as appropriate, |
18 | regional emergency preparedness task force activities. |
19 | (14) Supporting the implementation of the National |
20 | Infrastructure Protection Plan and the Commonwealth Critical |
21 | Infrastructure Preparedness Plan. |
22 | (15) Seeking and promoting opportunities to improve the |
23 | efficiency of preparedness and emergency management through |
24 | regionalization of services as appropriate. |
25 | (16) Advising municipal officials in matters related to |
26 | disaster preparedness and emergency management. |
27 | (17) Reviewing and accepting emergency management plans |
28 | and programs developed by school districts, dependent care |
29 | facilities and other entities located within the municipality |
30 | that are required by law or the Commonwealth to develop and |
|
1 | maintain preparedness and emergency management capabilities. |
2 | The coordinator shall provide an annual report to the |
3 | coordinator of the county emergency management program where |
4 | the municipality is located on or before September 1 of each |
5 | year describing the status of the plans reviewed under this |
6 | paragraph. |
7 | § 7504. Coordination[,] and assistance [and mutual aid]. |
8 | (a) Responsibility for direction and coordination.-- |
9 | Direction of disaster emergency management services is the |
10 | responsibility of the lowest level of government affected. When |
11 | two or more political subdivisions within a county are affected, |
12 | the county organization shall exercise responsibility for |
13 | coordination and support to the area of operations. When two or |
14 | more counties are involved, coordination shall be provided by |
15 | the agency or by area organizations established by the agency. |
16 | (b) Assistance from higher government unit.--When all |
17 | appropriate locally available forces and resources are fully |
18 | committed by the affected political subdivision, assistance from |
19 | a higher level of government shall be provided. Regional task |
20 | forces may assist in the coordination efforts. |
21 | [(c) Municipal mutual aid agreements.--County and local |
22 | coordinators of emergency management shall develop mutual aid |
23 | agreements with adjacent political subdivisions for reciprocal |
24 | emergency assistance. The agreements shall be consistent with |
25 | the plans and programs of the agency. In disaster emergencies, |
26 | requests for mutual aid assistance shall be referred to the |
27 | organization having responsibility for coordination as specified |
28 | in subsection (a) and in time of emergency it shall be the duty |
29 | of each local organization to render assistance in accordance |
30 | with the provisions of the mutual aid agreements. |
|
1 | (d) Interstate mutual aid arrangements.--The coordinator of |
2 | each local organization may, subject to approval of the |
3 | Governor, enter into mutual aid arrangements with similar |
4 | agencies or organizations in other states for reciprocal |
5 | disaster emergency services. |
6 | (e) Ratification of agreements.--Mutual aid agreements shall |
7 | be ratified by the governing bodies of the political |
8 | subdivisions involved. |
9 | (f) Control of outside support forces.--Support forces |
10 | furnished political subdivisions from outside its jurisdiction |
11 | shall be under the operational control of the department, agency |
12 | or office furnishing the force.] |
13 | § 7511. Appropriations by political subdivisions. |
14 | (a) [General rule.--Every political subdivision shall have |
15 | the power to] Power.-- |
16 | (1) A political subdivision may make appropriations for |
17 | the payment of expenses [of the local organization] for |
18 | preparedness and emergency management activities in the |
19 | manner provided by law for making appropriations for the |
20 | ordinary expenses of the political subdivision. |
21 | (2) In making appropriations, the political subdivision |
22 | shall specify the amounts and purposes for which the moneys |
23 | appropriated may be used by the organization to or for which |
24 | such appropriation may be made. |
25 | (b) Two or more local [organizations] emergency management |
26 | programs or county emergency management programs.-- |
27 | (1) Nothing in this subchapter or any other provision of |
28 | this part shall be deemed to limit the power of any political |
29 | subdivision to appropriate money for the purpose of paying |
30 | the expenses of a local [organization] emergency management |
|
1 | program or a county emergency management program having |
2 | jurisdiction both within and without the political |
3 | subdivision even though an appropriation has been or is to be |
4 | made to another local [organization] emergency management |
5 | program or another county emergency management program |
6 | coterminous with or having jurisdiction within the political |
7 | subdivision. |
8 | (2) Payments on account of an appropriation under this |
9 | subsection shall be made pursuant to an agreement under |
10 | section 7513 (relating to agreements among political |
11 | subdivisions) or in the form of a gift or grant to the |
12 | political subdivision responsible in the first instance for |
13 | the payment of bills and claims against the local |
14 | [organization] emergency management program or the county |
15 | emergency management program, as the case may be, for the |
16 | payment of the expenses for which the appropriation was made. |
17 | § 7512. Law applicable to local [organizations] emergency |
18 | management programs and county emergency management |
19 | programs. |
20 | [(a) General rule.--]Where the jurisdiction of the local |
21 | [organization] emergency management program or the county |
22 | emergency management program is coterminous with the political |
23 | subdivision making an appropriation for the payment of the |
24 | expenses, the local [organization] emergency management program |
25 | or the county emergency management program, as the case may be, |
26 | shall be deemed an agency, board or commission of the political |
27 | subdivision, subject to all of the laws governing the making of |
28 | contracts or purchases, the employment of persons or otherwise |
29 | incurring financial obligations which apply to the political |
30 | subdivision. |
|
1 | [(b) Second class townships.--No purchase or purchases shall |
2 | be made, no contract entered into and no expenses incurred by |
3 | any local organization which involves the payment of more than |
4 | $25 out of the treasury of any second class township unless the |
5 | proposed expenditure has been approved in writing by the |
6 | township supervisors. If any purchase or contract is made or |
7 | other expenses incurred contrary to the provisions of this |
8 | subsection, the township shall not be responsible for the |
9 | payment thereof but the person acting for the local organization |
10 | in the transaction shall be personally liable for the payment.] |
11 | § 7513. Agreements among political subdivisions. |
12 | (a) [General rule.--] Duty to enter into agreements.-- |
13 | (1) Where a local [organization] emergency management |
14 | program or a county emergency management program has |
15 | jurisdiction in an area including all or parts of more than |
16 | one political subdivision which does not include the whole |
17 | area of any county, the political subdivisions, all or part |
18 | of which lie within the jurisdiction of the [organization] |
19 | local emergency management program or the county emergency |
20 | management program, as the case may be, shall, before paying |
21 | any expenses of the [organization] local emergency management |
22 | program or the county emergency management program, enter |
23 | into an agreement designating one of the political |
24 | subdivisions as the agent of each of them for the purpose of |
25 | paying the expenses of the local [organization.] emergency |
26 | management program or the county emergency management |
27 | program. |
28 | (2) The agreement shall [also set forth]: |
29 | (i) Specify the proportionate share of the expenses |
30 | of the [organization] local emergency management program |
|
1 | or the county emergency management program, as the case |
2 | may be, to be paid by each political subdivision party to |
3 | the agreement and an estimate of the amount required to |
4 | be appropriated by each of them for the purpose of paying |
5 | the expenses. [The agreement shall be effective] |
6 | (ii) Take effect when approved by [the corporate |
7 | authorities of each of the political subdivisions by a |
8 | majority vote and each of the subdivisions shall |
9 | thereupon] official action of the governing body of each |
10 | of the political subdivisions and each of the political |
11 | subdivisions shall then make an appropriation pursuant to |
12 | section 7511 (relating to appropriations by political |
13 | subdivisions) sufficient to pay its share of the expenses |
14 | of the [organization] local emergency management program |
15 | or the county emergency management program, as the case |
16 | may be. |
17 | (b) Counties.--Where the local [organization] emergency |
18 | management program or the county emergency management program |
19 | has jurisdiction in an area including the whole area of one or |
20 | more counties which is not coterminous with any one county, |
21 | before paying any expenses of the [organization] local emergency |
22 | management program or the county emergency management program, |
23 | as the case may be, the counties, all or part of which lie |
24 | within the jurisdiction of the [organization] local emergency |
25 | management program or the county emergency management program, |
26 | shall enter into an agreement in the manner and form provided in |
27 | subsection (a) and with like effect, and no other political |
28 | subdivision lying within the jurisdiction of the [organization] |
29 | local emergency management program or the county emergency |
30 | management program, as the case may be, shall be a party to the |
|
1 | agreement. |
2 | § 7514. Payments involving one political subdivision. |
3 | (a) [General rule.--] Warrant or order required.-- |
4 | (1) All bills or claims to be paid from any |
5 | appropriation made by a political subdivision coterminous |
6 | with the local [organization] emergency management program or |
7 | the county emergency management program, after first being |
8 | approved by the local [organization] emergency management |
9 | program or the county emergency management program or an |
10 | appropriate officer thereof designated for that purpose, |
11 | shall be paid from the treasury of the political subdivision |
12 | only upon the warrant or order of the officer or officers of |
13 | the political subdivision designated by law to approve or |
14 | countersign warrants or orders for the payment of the |
15 | ordinary expenses of the political subdivision, and shall be |
16 | subject to audit in the same manner as other financial |
17 | transactions of the political subdivision. |
18 | (2) In each case, the officer or officers shall have the |
19 | same power to approve or disapprove as they have in case of |
20 | warrants for ordinary expenses of the political subdivision, |
21 | and no warrant or order for the payment thereof shall be |
22 | issued without the approval. |
23 | (b) Gift or grant of money.--Any gift or grant of money made |
24 | to the local [organization] emergency management program or the |
25 | county emergency management program or to the political |
26 | subdivision for the payment of expenses incurred or to be |
27 | incurred by or for the [organization] local emergency management |
28 | program or the county emergency management program, as the case |
29 | may be, shall be deposited in the treasury of the political |
30 | subdivision and shall be appropriated by the political |
|
1 | subdivision for the purpose for which the gift or grant was |
2 | made, and any bills or claims to be paid from the gift or grant |
3 | shall be paid in the manner provided in this subchapter for the |
4 | payment of other bills and claims against the political |
5 | subdivision. |
6 | § 7515. Payments involving two or more political subdivisions. |
7 | (a) General rule.--Where two or more political subdivisions |
8 | have entered into an agreement as provided by section 7513 |
9 | (relating to agreements among political subdivisions), all bills |
10 | and claims for expenses incurred by or for the local |
11 | [organization] emergency management program or the county |
12 | emergency management program shall thereafter be paid in the |
13 | first instance by the political subdivision named as agent in |
14 | the agreement in the manner provided in section 7514 (relating |
15 | to payments involving one political subdivision) as though the |
16 | organization were coterminous with the political subdivision and |
17 | the [organization] local emergency management program or the |
18 | county emergency management program, as the case may be, shall |
19 | be subject to all of the laws governing the making of contracts |
20 | or purchases, the employment of persons or otherwise incurring |
21 | financial obligations which apply to the political subdivision. |
22 | (b) Accounting by agent.--The political subdivision |
23 | designated as agent shall, not later than the fifteenth day of |
24 | each month, submit an itemized account of the expenses of the |
25 | organization paid by it during the preceding calendar month to |
26 | each of the other political subdivisions party to the agreement, |
27 | together with a request for reimbursement of the proportionate |
28 | share of expenses agreed to be paid by each of the other |
29 | political subdivisions. |
30 | (c) Reimbursement of agent.-- |
|
1 | (1) Each political subdivision requested to make |
2 | reimbursement shall do so within 30 days after the request |
3 | from the appropriation made for the payment of the expenses |
4 | of the organization [and, in]. In the event [of failure] the |
5 | political subdivision fails to do so, mandamus shall lie to |
6 | compel the officers of the political subdivision to pay the |
7 | agreed-upon proportionate share of the proper expenses of the |
8 | organization out of the first moneys thereafter in the |
9 | treasury of the political subdivision and not previously |
10 | pledged to any other purpose. |
11 | (2) No political subdivision may be compelled to pay for |
12 | any one year an amount greater than the amount estimated in |
13 | the agreement as its proportionate share. |
14 | (3) Any payment made by any political subdivision to the |
15 | political subdivision named as agent in the agreement for |
16 | reimbursement for the payment of the expenses of the |
17 | organization shall be credited by the agent political |
18 | subdivision to the appropriation made by it for the payment |
19 | of the expenses of the [organization] local emergency |
20 | management program or the county emergency management program |
21 | and shall be available for the payment of future expenses of |
22 | the [organization] local emergency management program or the |
23 | county emergency management program, as the case may be, |
24 | without further appropriation or action by the agent |
25 | political subdivision. |
26 | (d) Gift or grant of money.-- |
27 | (1) Any gift or grant of money made to or for the local |
28 | [organization] emergency management program or the county |
29 | emergency management program, if made to a political |
30 | subdivision, shall be deposited in its treasury and be |
|
1 | appropriated by it for the purpose for which the gift or |
2 | grant was made and the political subdivision shall notify the |
3 | political subdivision named as agent in the agreement of the |
4 | appropriation and the purpose for which it is available. |
5 | (2) If the gift or grant of money is made to the |
6 | [organization] local emergency management program or the |
7 | county emergency management program, it shall be deposited in |
8 | the treasury of the political subdivision named as agent in |
9 | the agreement and shall be appropriated by the political |
10 | subdivision for the purpose for which the gift or grant was |
11 | made. |
12 | (3) Any expenditure made by the agent political |
13 | subdivision from any gift or grant deposited in its treasury |
14 | or reimbursed from any gift or grant deposited in the |
15 | treasury of any other political subdivision shall not be |
16 | included in computing the reimbursement requested from any |
17 | other political subdivision under the agreement. |
18 | Section 6. Chapter 75 of Title 35 is amended by adding a |
19 | subchapter to read: |
20 | SUBCHAPTER C |
21 | REGIONAL ALL-HAZARDS PREPAREDNESS |
22 | AND EMERGENCY MANAGEMENT |
23 | Sec. |
24 | 7521. Regional task forces. |
25 | 7522. Specialized regional task force teams. |
26 | 7523. Urban search and rescue task force. |
27 | 7524. Specialized Statewide response teams. |
28 | 7525. Grant program. |
29 | 7526. Workers' compensation premiums. |
30 | § 7521. Regional task forces. |
|
1 | (a) Establishment.--The agency, in coordination with |
2 | Commonwealth agencies as designated by the Governor, county and |
3 | local emergency management programs, health, law enforcement, |
4 | public safety and volunteer organizations and other officials |
5 | and representatives from dedicated emergency response |
6 | organizations, private business and industry, institutions of |
7 | higher education, hospitals and medical care facilities and |
8 | other entities responsible for the health, safety and welfare of |
9 | the citizens of this Commonwealth, shall establish regional task |
10 | forces throughout this Commonwealth. |
11 | (b) Organization.-- |
12 | (1) Each regional task force shall be a cooperative |
13 | effort among the counties within the designated region. Each |
14 | regional task force shall be governed by an executive board |
15 | comprised of the county coordinator from each county or other |
16 | county official appointed by the county within the task force |
17 | region. |
18 | (2) Notwithstanding any provision in 53 Pa.C.S. Ch. 23 |
19 | (relating to general provisions), the member counties may |
20 | organize their regional task force as a council of |
21 | governments pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating |
22 | to intergovernmental cooperation). |
23 | (3) The regional task force executive board shall |
24 | designate one of its member counties as its agent responsible |
25 | for entering into contracts and administering any funds, |
26 | grants or expenses of the regional task force, and as such, |
27 | the regional task force shall be subject to all of the laws |
28 | governing the making of contracts or purchases, the |
29 | employment of persons or otherwise incurring financial |
30 | obligations, which apply to the designated member county. |
|
1 | (c) Plans.--Each regional task force shall prepare an all- |
2 | hazards emergency operations plan that encompasses the |
3 | comprising counties in accordance with subsection (d) and |
4 | guidelines developed by the agency. The agency shall review and |
5 | accept each plan in a timely manner, but no later than 90 days |
6 | after receipt of the plan by the agency. The task force shall |
7 | review and update the plan triennially and submit it to the |
8 | agency for review. |
9 | (d) Duties of regional task forces.--The duties of a |
10 | regional task force shall include the following: |
11 | (1) To develop and maintain an all-hazards emergency |
12 | operations plan. |
13 | (2) To comply with Federal and State requirements |
14 | regarding National Incident Management System training and |
15 | certification, emergency response equipment typing and |
16 | emergency responder credentialing. |
17 | (3) Consistent with Federal and State guidelines, to |
18 | consider serving as agent, if so appointed by its member |
19 | counties, for county and local coordinators and first |
20 | responders when applying for United States Department of |
21 | Homeland Security, State and related grants. |
22 | (4) To develop, maintain and manage an inventory of |
23 | regional emergency response resources, including emergency |
24 | response vehicles, specialized equipment and certified or |
25 | credentialed personnel, that can be deployed within the |
26 | region served by the task force or elsewhere in response to |
27 | events that threaten life, property, the environment or |
28 | critical infrastructure and provide an inventory of these |
29 | resources on a schedule and in a manner prescribed by the |
30 | agency. |
|
1 | (5) To attend training and related sessions as directed |
2 | or conducted by the agency. |
3 | (6) To participate in and conduct exercises as required |
4 | by the agency and the Federal Government. |
5 | (7) To participate in and conduct capabilities-based |
6 | planning activities and assessments. |
7 | § 7522. Specialized regional task force teams. |
8 | (a) Establishment.--A regional task force may establish one |
9 | or more specialized regional response teams and incident |
10 | management teams. |
11 | (b) Organization.-- |
12 | (1) Specialized regional task force teams shall be |
13 | organized in accordance with guidelines approved by the |
14 | regional task force executive board and the agency. |
15 | (2) The regional task force must enter into a written |
16 | agreement with each specialized regional task force team that |
17 | it establishes. |
18 | (3) In addition to any other terms, the written |
19 | agreement shall stipulate which member county of the regional |
20 | task force is the responsible agent for administering any |
21 | funds, grants or expenses of the specialized regional task |
22 | force team. |
23 | (4) Any specialized regional task force team shall be |
24 | subject to the laws governing the making of contracts or |
25 | purchases, the employment of persons or otherwise incurring |
26 | financial obligations, which apply to the designated agent |
27 | county. |
28 | (c) Activation and deployment.--A specialized regional task |
29 | force team may be activated and deployed by the Governor or the |
30 | designee of the Governor or an official designated by the |
|
1 | executive board of the regional task force that established it. |
2 | § 7523. Urban search and rescue task force. |
3 | (a) Establishment of task forces.--The agency shall |
4 | establish urban search and rescue task forces throughout this |
5 | Commonwealth. |
6 | (b) Organization.--An urban search and rescue task force |
7 | shall be organized in accordance with guidelines developed by |
8 | the agency in coordination with the Federal Emergency Management |
9 | Agency. |
10 | (c) Responsibilities.--An urban search and rescue task force |
11 | shall respond to actual or potential disasters in this |
12 | Commonwealth and shall also perform search and rescue functions |
13 | as delineated in the Stafford Act, the National Response |
14 | Framework and the preparedness and response plans created in |
15 | accordance with the provisions of this chapter. |
16 | (d) Activation and deployment.-- |
17 | (1) An urban search and rescue task force may only be |
18 | activated and deployed to the scene of a disaster emergency |
19 | by the President, the Governor, the designee of the Governor |
20 | or an official designated by the Federal Emergency Management |
21 | Agency. During an activation and deployment by the Governor |
22 | or the designee of the Governor, the administrative and |
23 | operational costs of the task force, its individual members |
24 | and their employers, Commonwealth agencies and other parties |
25 | shall be paid by the Commonwealth. |
26 | (2) A component or subgroup of an urban search and |
27 | rescue task force may only be activated and deployed by the |
28 | agency, a county included in the task force of which it is a |
29 | component or subgroup or the task force itself. During the |
30 | activation and deployment, the administrative and operational |
|
1 | costs of the urban search and rescue task force component or |
2 | subgroup, its individual members and their employers shall be |
3 | paid by the deploying entity requesting the activation or |
4 | deployment. |
5 | (e) Funding, grants and donations.--In addition to any funds |
6 | that are provided to a task force under section 7525 (relating |
7 | to grant program) or the authority of section 7307.1 (relating |
8 | to use and appropriation of unused Commonwealth funds), the |
9 | urban search and rescue task force may be eligible to receive |
10 | grants, donations of equipment and supplies and other funds from |
11 | any source. As an agent of the Commonwealth, a task force is |
12 | entitled to tax-exempt status from the Federal Government. |
13 | § 7524. Specialized Statewide response teams. |
14 | (a) Establishment.--Commonwealth agencies may establish one |
15 | or more specialized Statewide response teams. |
16 | (b) Organization and responsibilities.--Specialized |
17 | Statewide response teams shall be organized in accordance with |
18 | guidelines developed by the agency in consultation with |
19 | applicable Federal or Commonwealth agencies. The response teams |
20 | shall provide professional, logistical, material and other forms |
21 | of emergency services and support to the regional task forces, |
22 | counties and specialized regional response teams organized in |
23 | this Commonwealth. |
24 | (c) Activation.--Specialized Statewide response teams may |
25 | only be activated and deployed by the Governor or the designee |
26 | of the Governor. |
27 | § 7525. Grant program. |
28 | (a) Authorization.--The agency may award grants to regional |
29 | task forces, specialized regional task force teams, specialized |
30 | Statewide response teams and urban search and rescue task forces |
|
1 | to assist them in carrying out the provisions of this part, |
2 | including, but not limited to, entering into letters of |
3 | agreement or mutual aid agreements or providing mutual aid. |
4 | (b) Grants and funding.--Regional task forces, specialized |
5 | regional task force teams, specialized Statewide response teams |
6 | and urban search and rescue task forces may receive grants and |
7 | funding from the Federal Government and the Commonwealth through |
8 | application to the agency or any other entity providing grants |
9 | or funding for the purposes of this part. |
10 | (c) Limitation.--Grants shall only be made by the agency to |
11 | the extent that funding is available. |
12 | § 7526. Workers compensation premiums. |
13 | Nothing in this part shall be construed to permit an insurer |
14 | to raise workers compensation premiums due to the participation |
15 | or membership of a county, municipality, emergency services |
16 | organization, individual or employer on any task force or |
17 | response team described in this part. |
18 | Section 7. Sections 7701, 7702, 7703, 7704, 7705, 7706 and |
19 | 7707 of Title 35 are amended to read: |
20 | § 7701. Duties concerning disaster [prevention] preparedness |
21 | and emergency management. |
22 | (a) Governor.--In addition to disaster prevention measures |
23 | included in the Commonwealth and local plans, the Governor shall |
24 | consider on a continuing basis steps that could be taken to |
25 | prevent or reduce the harmful consequences of disasters. The |
26 | Governor, from time to time, shall make recommendations to the |
27 | General Assembly, political subdivisions and other appropriate |
28 | public and private entities as may facilitate measures for |
29 | prevention or reduction of the harmful consequences of |
30 | disasters. |
|
1 | (b) Department of Environmental [Resources] Protection.--The |
2 | Department of Environmental [Resources] Protection, in |
3 | conjunction with the [Pennsylvania Emergency Management Agency,] |
4 | Department of Community and Economic Development, the Department |
5 | of Transportation and the agency, shall keep land uses, flood |
6 | plain designations and construction of structures and other |
7 | facilities under continuing study and identify areas which are |
8 | particularly susceptible to severe land shifting, subsidence, |
9 | flood or other catastrophic occurrence. The studies under this |
10 | subsection shall concentrate on means of reducing or avoiding |
11 | the dangers caused by this occurrence or the consequences |
12 | thereof. |
13 | (c) Other Commonwealth agencies.--At the direction of the |
14 | Governor, and pursuant to any other authority and competence |
15 | they have, Commonwealth agencies, including but not limited to |
16 | those charged with economic recovery responsibilities in |
17 | connection with floodplain management, stream encroachment and |
18 | flow regulation, weather modification, fire prevention and |
19 | control, air quality, public works, land use and land-use |
20 | planning, construction standards, public utilities and energy, |
21 | shall make studies of disaster prevention-related matters. |
22 | (d) Schools.--[Public-funded universities, colleges,] |
23 | Institutions of higher education and elementary and secondary |
24 | schools which receive public funds shall be made available to |
25 | [local] municipal, county, regional and [State] Commonwealth |
26 | officials for emergency planning and exercise purposes and |
27 | actual [service as mass-care facilities in the event of an |
28 | emergency evacuation] emergency services. |
29 | (e) Vehicles.--School bus and transportation vehicles owned, |
30 | contracted for or leased by [universities, colleges] |
|
1 | institutions of higher education and school districts which |
2 | receive public funds shall be made available to local, county, |
3 | regional and [State] Commonwealth officials for emergency |
4 | planning and exercise purposes and actual [service in the event |
5 | of an emergency evacuation] emergency services. |
6 | (f) Disaster response and emergency preparedness [drills] |
7 | exercises.--[Annually, schools and custodial child care |
8 | facilities shall conduct at least one disaster response or |
9 | emergency preparedness plan drill.] Every emergency action plan |
10 | developed under subsection (g) shall provide for the conduct of |
11 | at least one disaster exercise annually as specified by the |
12 | agency. The disaster exercise shall be coordinated with the |
13 | appropriate emergency management program. |
14 | (g) Plans.--[Every school district and custodial child care |
15 | facility, in cooperation with the local Emergency Management |
16 | Agency and the Pennsylvania Emergency Management Agency, shall |
17 | develop and implement a comprehensive disaster response and |
18 | emergency preparedness plan consistent with the guidelines |
19 | developed by the Pennsylvania Emergency Management Agency and |
20 | other pertinent State requirements. The plan shall be reviewed |
21 | annually and modified as necessary. A copy of the plan shall be |
22 | provided to the county emergency management agency.] Every |
23 | dependent care facility, including, but not limited to, public |
24 | school entities, shall develop and be prepared to implement an |
25 | all-hazards emergency action plan in accordance with standards |
26 | established by the agency. The plan shall be coordinated with |
27 | the appropriate county emergency management program, local |
28 | emergency management program and dedicated emergency response |
29 | organizations. |
30 | (h) Large event plans.-- |
|
1 | (1) When an event involves the congregation of such a |
2 | large number of people such that a disaster emergency could |
3 | potentially overwhelm the resources of the dedicated |
4 | emergency response organizations responsible for the event or |
5 | would be likely to respond in the geographic area where the |
6 | event is to be held, the sponsoring organization of the event |
7 | shall develop an emergency action plan as specified by the |
8 | agency. |
9 | (2) A copy of the plan shall be provided to the county |
10 | and local emergency management program where the event is to |
11 | be held at least 30 days prior to the event. |
12 | (i) Sharing of information.-- |
13 | (1) This subsection applies to any of the following |
14 | public entities which possesses or acquires all-hazards |
15 | information: |
16 | (i) A Commonwealth agency. |
17 | (ii) A court or an entity or office of the Unified |
18 | Judicial System. |
19 | (iii) The General Assembly. |
20 | (iv) A political subdivision. |
21 | (v) A dedicated emergency response organization. |
22 | (2) A public entity enumerated in paragraph (1) shall do |
23 | all of the following: |
24 | (i) Promptly share all-hazards information with the |
25 | agency and other Commonwealth agencies in accordance with |
26 | standards and all-hazards information guidance issued and |
27 | the all-hazards information plan developed by the agency |
28 | and consistent with the statutory responsibilities of the |
29 | agencies providing and receiving the information. |
30 | (ii) Cooperate in and facilitate the collection and |
|
1 | validation of the information and the production of |
2 | reports based on the information with contents and |
3 | formats which permit dissemination that maximizes the |
4 | utility of the information in protecting the territory, |
5 | citizens and interests of this Commonwealth. |
6 | (iii) Facilitate implementation of the all-hazards |
7 | information plan developed by the agency. |
8 | (3) A private entity which becomes aware of all-hazards |
9 | information or threats that may impact the health, safety and |
10 | welfare of the citizens of this Commonwealth shall do all of |
11 | the following: |
12 | (i) Promptly share the information with the agency |
13 | and appropriate law enforcement organizations in |
14 | accordance with all-hazards information standards and |
15 | guidance issued. |
16 | (ii) Cooperate in and facilitate the collection and |
17 | validation of the information and the production of |
18 | reports based on the information. |
19 | (4) Documents, information or other materials received |
20 | by the agency or law enforcement organizations under |
21 | paragraph (3)(i) shall be subject to section 7715 (relating |
22 | to confidentiality) and any other Federal or State law |
23 | protecting proprietary information or trade secrets and the |
24 | release or use of the information. |
25 | § 7702. Acceptance of services, gifts, grants and loans. |
26 | (a) General rule.--Whenever any person or the Federal |
27 | Government or any Federal agency or officer offers to the |
28 | Commonwealth or, through the Commonwealth, to any political |
29 | subdivision or school district, services, equipment, supplies, |
30 | materials or funds by way of gift, grant or loan for purposes of |
|
1 | [disaster] emergency services, the Commonwealth, acting through |
2 | the Governor, or the political subdivision or school district, |
3 | acting with the consent of the Governor and through its chief |
4 | elected executive officer or governing body, may accept the |
5 | offer and upon acceptance the Governor or chief elected |
6 | executive officer or governing body of the political subdivision |
7 | may authorize any officer of the Commonwealth or of the |
8 | political subdivision or school district, as the case may be, to |
9 | receive the services, equipment, supplies, materials or funds on |
10 | behalf of the Commonwealth or political subdivision or school |
11 | district subject to the terms of the offer and the rules and |
12 | regulations, if any, of the agency or person making the offer. |
13 | [(b) Property of Commonwealth.--All equipment, supplies and |
14 | materials referred to in subsection (a) shall, when accepted by |
15 | the Commonwealth, be treated as the property of the Commonwealth |
16 | and shall be subject to the relevant provisions of the act of |
17 | April 9, 1929 (P.L.177, No.175), known as "The Administrative |
18 | Code of 1929," unless the General Assembly directs otherwise by |
19 | statute.] |
20 | (c) Indemnification.-- |
21 | (1) Except as set forth under paragraph (2), the |
22 | Commonwealth may indemnify or hold harmless and save the |
23 | United States free from damages arising from a response to |
24 | the Commonwealth's request for direct Federal assistance |
25 | pursuant to the Stafford Act. |
26 | (2) Paragraph (1) does not apply to claims that are the |
27 | result of gross negligence, wanton or reckless acts or |
28 | intentional misconduct. |
29 | (3) The General Assembly, under 1 Pa.C.S. § 2310 |
30 | (relating to sovereign immunity reaffirmed; specific waiver), |
|
1 | waives sovereign immunity as a bar to a claim against a |
2 | Commonwealth agency brought by the United States under |
3 | paragraph (1) only to the extent provided under this |
4 | subsection. |
5 | § 7703. Interstate arrangements. |
6 | (a) General rule.--Upon finding that a vulnerable area lies |
7 | only partly within this Commonwealth and includes territory in |
8 | another state or states or territory in a foreign jurisdiction |
9 | and that it would be desirable to establish an interstate |
10 | relationship, mutual aid or an area organization for disaster |
11 | emergency services, the Governor shall take steps to that end as |
12 | desirable. |
13 | (b) Negotiation and status of agreements.--If this action is |
14 | taken with jurisdictions that have enacted the Interstate Civil |
15 | Defense and Disaster Compact or the Emergency Management |
16 | Assistance Compact, any resulting agreement or agreements may be |
17 | considered supplemental agreements pursuant to [Article 6 of |
18 | that compact] those compacts. If the other jurisdiction or |
19 | jurisdictions with which the Governor proposes to cooperate |
20 | pursuant to subsection (a) have not enacted [that] the relevant |
21 | compact, the Governor may negotiate special agreements with the |
22 | jurisdiction or jurisdictions. |
23 | (c) Legislative approval of agreements.--Any agreement, if |
24 | sufficient authority for the making thereof does not otherwise |
25 | exist, becomes effective only after its text has been |
26 | communicated to the General Assembly and provided that neither |
27 | House of the General Assembly has disapproved it by adjournment |
28 | of the next ensuing session competent to consider it or within |
29 | 30 days of its submission, whichever is longer. |
30 | § 7704. Immunity from civil liability. |
|
1 | (a) General rule.--Neither the Commonwealth, nor any |
2 | Commonwealth agency, nor any political subdivision [thereof nor |
3 | other agencies] nor, except in cases of willful misconduct, the |
4 | agents, employees or representatives of any of them engaged in |
5 | any emergency services activities, nor, except in cases of |
6 | willful misconduct or gross negligence, any individual or other |
7 | person under contract with them to provide equipment or work on |
8 | a cost basis to be used in disaster relief, nor, except in cases |
9 | of willful misconduct or gross negligence, any person, firm, |
10 | corporation or an agent or employee of any of them engaged in |
11 | [disaster] emergency services activities, while complying with |
12 | or attempting to comply with this part or any rule or regulation |
13 | promulgated pursuant to the provisions of this part, shall be |
14 | liable for the death of or any injury to persons or loss or |
15 | damage to property as a result of that activity. |
16 | (b) Real estate owners.--Any person[, organization] or |
17 | authority owning or controlling real estate or other premises, |
18 | who voluntarily and without compensation[,] grants a license or |
19 | privilege or otherwise permits the designation or use of the |
20 | whole or any part or parts of the real estate or premises for |
21 | any emergency services purpose, shall, together with his |
22 | successors in interest, if any, not be civilly liable for |
23 | negligently causing the death of or injury to or loss or damage |
24 | to the property of any person who is upon the real estate or |
25 | other premises for that purpose. |
26 | (c) Other benefits unaffected.--This section does not affect |
27 | the right of any person to receive benefits to which he would |
28 | otherwise be entitled under this part or under the [workmen's |
29 | compensation laws] act of June 2, 1915 (P.L.736, No.338), known |
30 | as the Workers' Compensation Act, or under any pension law, nor |
|
1 | the right of any person to receive any benefits or compensation |
2 | under any Federal law. |
3 | (d) Effect on other immunities.--The immunity provided in |
4 | this section does not supersede and is in addition to other |
5 | immunities provided by law. |
6 | § 7705. Special powers of [local agencies] political |
7 | subdivisions. |
8 | (a) Roadway clearance.--Whenever the Governor shall have |
9 | proclaimed a disaster emergency under section 7301(c) (relating |
10 | to [declaration of disaster emergency)] general authority of |
11 | Governor), officials of any political subdivision included in |
12 | the disaster emergency shall have the authority to clear such |
13 | roadways as are necessary for the health, safety and welfare of |
14 | residents, even though such roadways are not officially the |
15 | responsibility of such political subdivision. The political |
16 | subdivision may be reimbursed for the cost of such clearing as |
17 | provided in subsection (c). |
18 | (b) Water systems.--Whenever the Governor shall have |
19 | proclaimed a disaster emergency under section 7301(c) and in the |
20 | event that a water system owned or operated by a political |
21 | subdivision or municipal authority is damaged, destroyed or made |
22 | inoperable as a direct result of such disaster emergency, the |
23 | political subdivision or municipal authority shall have the |
24 | authority to lease or hire such personnel and equipment as may |
25 | be needed to effect restoration of such water system. The |
26 | political subdivision or municipal authority may be reimbursed |
27 | for the cost of such restoration as provided in [subsection |
28 | (c).] section 1508(b) of the act of April 9, 1929 (P.L.343, |
29 | No.176), known as The Fiscal Code. |
30 | (d) Limitations.--Reimbursements pursuant to [subsection |
|
1 | (c)] section 1508(b) of The Fiscal Code shall not be made to the |
2 | extent that the Commonwealth, a political subdivision or a |
3 | municipal authority may be eligible for assistance from the |
4 | Federal Government. |
5 | § 7706. [Compensation for accidental injury] Workers' |
6 | compensation. |
7 | (a) Benefits.--[All duly enrolled emergency management |
8 | volunteers, and such other volunteers as the agency shall by |
9 | regulation qualify, who are not eligible to receive benefits |
10 | under the Workmen's Compensation Laws shall be entitled, except |
11 | during a state of war or period of armed conflict within the |
12 | continental limits of the United States, to the following |
13 | benefits relating to injuries sustained while actually engaged |
14 | in emergency management activities and services or in or en |
15 | route to and from emergency management tests, drills, exercises |
16 | or operations authorized by the Pennsylvania Emergency |
17 | Management Agency and carried out in accordance with rules and |
18 | orders promulgated and adopted by the agency: |
19 | (1) A sum of $20,000 for accidental injury directly |
20 | causing or leading to death. |
21 | (2) A sum not exceeding $15,000 for reimbursement for |
22 | medical and hospital expenses associated with accidental |
23 | injury. |
24 | (3) Weekly payments of $200, not to exceed six months in |
25 | duration, beginning on the eighth day of disability directly |
26 | arising from accidental injury rendering the individual |
27 | totally incapable of following his normal gainful pursuits.] |
28 | Volunteers who are members of the Commonwealth emergency |
29 | management program, a county emergency management program or a |
30 | local emergency management program are deemed to be employees of |
|
1 | the Commonwealth or of the county or municipality by whose |
2 | program they are deployed for purposes of the act of June 2, |
3 | 1915 (P.L.736, No.338), known as the Workers' Compensation Act, |
4 | when engaging in or performing the following activities: |
5 | (1) Deployment by the applicable emergency management |
6 | official and participation in emergency services activities. |
7 | (2) Going to or returning from an emergency or disaster |
8 | emergency to which program members have been deployed. |
9 | (3) Scheduled training, exercise or related official |
10 | functions designated and authorized by the applicable |
11 | emergency management official. |
12 | (b) [Source of funds.--All benefits hereby authorized shall |
13 | be paid out of funds appropriated to the agency. Payments shall |
14 | be made on the basis of claims submitted to the agency through |
15 | the Department of Labor and Industry in accordance with rules |
16 | and orders promulgated and adopted by the agency.] (Reserved). |
17 | (c) Computation.--For purposes of computing a volunteer's |
18 | wage compensation under the Workers' Compensation Act, there |
19 | shall be an irrebuttable presumption that the wages shall be at |
20 | least equal to the Statewide average weekly wage. |
21 | (d) Applicability.--The provisions of this section shall not |
22 | apply to the extent that the volunteer is otherwise covered for |
23 | workers' compensation purposes under an existing policy, |
24 | agreement, contract or law. |
25 | (e) Construction.--The provisions of this section shall not |
26 | supersede Chapter 76 (relating to emergency management |
27 | assistance compact). |
28 | § 7707. Penalties. |
29 | (a) General rule.--The chief elected executive official of a |
30 | political subdivision may order or direct only the resources |
|
1 | within the official's given authority. Any person [violating any |
2 | of the plans and programs adopted and promulgated by the |
3 | Pennsylvania Emergency Management Council shall, upon conviction |
4 | thereof in a summary proceeding, be sentenced] subject to the |
5 | authority of: |
6 | (1) the Governor or his designee who fails to comply |
7 | with an order or direction from the Governor or his designee; |
8 | (2) a chief elected executive official who fails to |
9 | comply with an order or direction from the chief elected |
10 | executive official; |
11 | (3) the agency who fails to comply with an order or |
12 | direction from the agency; or |
13 | (4) a county or local emergency management program in |
14 | compliance with this part, other than Chapter 79 (relating to |
15 | public health emergency measures), who fails to comply with |
16 | an order or direction from that county or local emergency |
17 | program commits a violation of this part. |
18 | (a.1) Penalty.--A violation of this section shall constitute |
19 | a summary offense and the person convicted of such violation |
20 | shall be sentenced: |
21 | (1) to pay a fine not exceeding [$200] $500 or to |
22 | imprisonment not exceeding 30 days, or both, for the first |
23 | offense[,]; and |
24 | (2) to pay a fine not exceeding [$500] $1,000 or |
25 | imprisonment not exceeding 90 days, or both, for each |
26 | subsequent offense. |
27 | (b) Loss of funds.--[Those political subdivisions in |
28 | violation of section 7501 (relating to general authority of |
29 | political subdivisions), section 7502 (relating to local |
30 | coordinator of emergency management), section 7503 (relating to |
|
1 | powers and duties of political subdivisions) or section 7504 |
2 | (relating to coordination, assistance and mutual aid) shall, at |
3 | the direction of the council, be subject to loss of Federal |
4 | personnel and administrative funding for the remainder of the |
5 | fiscal year in which conviction is established. Reinstatement of |
6 | Federal personnel and administrative funding shall take place |
7 | the year following approval of remedial action to the |
8 | violation.] Any grantee who fails to comply with any provision |
9 | of this part may, at the agency's discretion, be subject to the |
10 | loss of grant funding administered by the agency. |
11 | Section 8. Title 35 is amended by adding sections to read: |
12 | § 7714. Authority of Federal law enforcement officers. |
13 | (a) Authorization.--A Federal law enforcement officer whose |
14 | assistance has been requested under section 7301(f)(9) (relating |
15 | to general authority of Governor) and is working in cooperation |
16 | with State and local law enforcement officers during a disaster |
17 | emergency declared by the Governor under section 7301(c) shall |
18 | be empowered to act as a peace officer for the arrest, with or |
19 | without a warrant, of offenders against the laws of this |
20 | Commonwealth if the officer believes that a felony or |
21 | misdemeanor has been or is about to be committed or attempted in |
22 | the officer's presence. |
23 | (b) Operational control.--Federal law enforcement officers |
24 | working in cooperation with State and local law enforcement |
25 | officers during a disaster emergency declared by the Governor |
26 | shall come under the operational control of the Pennsylvania |
27 | State Police or as otherwise directed by the Governor. |
28 | (c) Liability.--A Federal law enforcement officer operating |
29 | under this section shall have the same immunities from liability |
30 | as any agent or employee of the Commonwealth under 42 Pa.C.S. |
|
1 | Ch. 85 (relating to matters affecting government units). |
2 | § 7715. Confidentiality. |
3 | (a) Right-to-Know Law exemption.--The following shall be |
4 | exempt from access under the act of February 14, 2008 (P.L.6, |
5 | No.3), known as the Right-to-Know Law: |
6 | (1) Information in any form relating to preparedness and |
7 | emergency management activities of the Commonwealth or any |
8 | political subdivision, school district or council of |
9 | governments that if disclosed would be reasonably likely to |
10 | jeopardize or threaten public safety or preparedness or |
11 | public protection activity. |
12 | (2) Information in any form received by the agency or a |
13 | law enforcement organization under section 7701(i) (relating |
14 | to duties concerning disaster preparedness and emergency |
15 | management). |
16 | (3) Any other information in any form produced, compiled |
17 | or maintained under this part and not otherwise exempt from |
18 | access under this section or the Right-to-Know Law, the |
19 | disclosure of which could, in the determination of the |
20 | director, endanger the life or physical safety of an |
21 | individual or the physical safety of property in this |
22 | Commonwealth. |
23 | (b) Open meetings exception.--Meetings of the council, a |
24 | county emergency management program, a local emergency |
25 | management program or any task force or response team organized |
26 | in accordance with this part, relating to preparedness and |
27 | emergency management, shall not be subject to the provisions of |
28 | 65 Pa.C.S. Ch. 7 (relating to open meetings). |
29 | § 7716. Adverse interests. |
30 | A Commonwealth or local official or employee may serve in a |
|
1 | leadership role in a nonprofit entity, notwithstanding the act |
2 | of July 19, 1957 (P.L.1017, No.451), known as the State Adverse |
3 | Interest Act, as long as the official or employee when acting in |
4 | a Commonwealth or local government capacity recuses himself from |
5 | any official duties or decisions which pertain to the nonprofit |
6 | entity. |
7 | Section 9. Title 35 is amended by adding a chapter to read: |
8 | CHAPTER 79 |
9 | PUBLIC HEALTH EMERGENCY MEASURES |
10 | Sec. |
11 | 7901. Definitions. |
12 | 7901.1. Public health and medical emergency coordination. |
13 | 7902. Temporary isolation or quarantine without notice. |
14 | 7903. Continued isolation or quarantine. |
15 | 7904. Miscellaneous. |
16 | § 7901. Definitions. |
17 | The following words and phrases when used in this chapter |
18 | shall have the meanings given to them in this section unless the |
19 | context clearly indicates otherwise: |
20 | "Public health emergency." An occurrence or imminent threat |
21 | of a disease or condition of public health importance with the |
22 | following characteristics: |
23 | (1) Is believed to be caused by any of the following: |
24 | (i) A bioterrorist event, a chemical attack or a |
25 | nuclear attack. |
26 | (ii) The appearance of a novel or previously |
27 | controlled or eradicated infectious agent or biological |
28 | toxin. |
29 | (iii) A natural disaster, an accidental chemical |
30 | release or a nuclear incident. |
|
1 | (2) Poses a high probability of any of the following |
2 | harms in the affected population: |
3 | (i) A large number of deaths. |
4 | (ii) A large number of serious or long-term |
5 | disabilities. |
6 | (iii) Widespread exposure to an infectious or toxic |
7 | agent that poses a significant risk of substantial future |
8 | harm to a large number of people. |
9 | "Quarantine subject." The subject of an order under section |
10 | 7902(a)(1) (relating to temporary isolation or quarantine |
11 | without notice). The term includes an individual or group |
12 | subject to either isolation or quarantine. |
13 | § 7901.1. Public health and medical emergency coordination. |
14 | (a) Secretary of Health.-- |
15 | (1) During preparation for or response to a disaster or |
16 | disaster emergency resulting in or potentially resulting in a |
17 | significant public health threat with or without medical |
18 | consequences, the Secretary of Health shall have primary |
19 | jurisdiction, responsibility and authority for the public |
20 | health and medical services capabilities of Commonwealth |
21 | agency emergency services, including the dispensing of |
22 | medication. |
23 | (2) Commonwealth agencies shall conduct public health |
24 | and medical assessment, mitigation, preparedness, response |
25 | and recovery activities in accordance with direction provided |
26 | by the Secretary of Health. The Secretary of Health shall |
27 | coordinate with the agency to the extent necessary. |
28 | (b) Department of Health.--The Department of Health shall |
29 | provide technical guidance, advice and assistance, as |
30 | appropriate, to county emergency management programs, local |
|
1 | emergency management programs and local health departments to |
2 | carry out their responsibility to prepare emergency plans or |
3 | components thereof and to execute public health and medical |
4 | assessment, mitigation, preparedness, response and recovery |
5 | activities in their jurisdiction. |
6 | § 7902. Temporary isolation or quarantine without notice. |
7 | (a) Temporary isolation or quarantine.-- |
8 | (1) In the case of an all-hazards emergency, the |
9 | Governor, in consultation with the Secretary of Health, |
10 | through a written order to prevent or limit the transmission |
11 | of a contagious or potentially contagious disease, infection |
12 | or hazardous agent, may temporarily isolate or quarantine: |
13 | (i) one or more identified individuals; or |
14 | (ii) one or more groups whose individual members are |
15 | identified by past or present location or other |
16 | characteristic which would place them at risk for |
17 | transmitting a contagious or potentially contagious |
18 | disease, infection or hazardous agent. Identifying |
19 | characteristics for the individual members of such a |
20 | group may include, but not be limited to: |
21 | (A) Being or having been present in or at an |
22 | identified geographic area, address, structure, event |
23 | or mode of transport, during a specified period of |
24 | time. |
25 | (B) Being or having been in contact with an |
26 | identified individual during a specified period of |
27 | time. |
28 | (C) Being or having been in contact with, or |
29 | consumed an item or items during a specified period |
30 | of time, which items have been identified as |
|
1 | transmitting or potentially transmitting a contagious |
2 | or potentially contagious disease, infection or |
3 | hazardous agent. |
4 | (D) Having or having had a specified employer, |
5 | workplace or job function during a specified period |
6 | of time. |
7 | (E) Having or having had a specified name, |
8 | address or other personal identifier where these are |
9 | known. |
10 | (2) This subsection shall not be construed to require a |
11 | declaration of disaster emergency by the Governor in order to |
12 | be effective. |
13 | (b) Order of isolation or quarantine.--The written order of |
14 | isolation or quarantine must include all of the following: |
15 | (1) The identity of each quarantine subject by name or |
16 | other appropriate identifying information, including, but not |
17 | limited to, identifying characteristics that make individuals |
18 | part of a group subject to isolation or quarantine. |
19 | (2) The name and address, or other appropriate |
20 | identifying information, of the facility or other location to |
21 | which the quarantine subject will be isolated or quarantined. |
22 | Quarantine subjects may be isolated or quarantined within |
23 | specified geographic areas, structures or modes of transport. |
24 | (3) The date and time at which the isolation or |
25 | quarantine will begin. |
26 | (4) The disease, infection or hazardous agent in |
27 | question, if known. |
28 | (5) A statement that quarantine subjects are entitled to |
29 | representation by legal counsel at all stages of the |
30 | proceedings. |
|
1 | (6) A copy of this section and relevant definitions |
2 | under this part. |
3 | (c) Effectuation of order of isolation or quarantine.-- |
4 | (1) The Department of Health, or the local health |
5 | department if the quarantine subject is within the |
6 | jurisdiction of a local health department, shall deliver a |
7 | copy of the written order to the appropriate law enforcement |
8 | organization. Delivery may be effected by any appropriate |
9 | means, including electronic transmission. |
10 | (2) The law enforcement organization shall immediately, |
11 | without the need for a warrant, take the quarantine subject |
12 | to the facility or other location specified in the order, if |
13 | properly equipped and trained to do so, or ensure that there |
14 | is no ingress or egress from the place of isolation or |
15 | quarantine, as appropriate. The law enforcement organization |
16 | may take measures as appropriate under the circumstances to |
17 | enforce the order against the quarantine subject. |
18 | (3) A copy of the written order shall be provided to the |
19 | quarantine subject. If it is impractical to provide a copy of |
20 | the written order to each quarantine subject, the law |
21 | enforcement organization shall communicate the order in any |
22 | other manner reasonably likely under the circumstances to |
23 | reach the quarantine subjects. |
24 | (4) The Department of Health, or the local health |
25 | department if the quarantine subject is within the |
26 | jurisdiction of a local health department, shall provide or |
27 | assist in providing proper training and equipment to the law |
28 | enforcement organization as needed to enable it to safely |
29 | carry out its duties under this section. |
30 | § 7903. Continued isolation or quarantine. |
|
1 | (a) Continued isolation or quarantine.--If a determination |
2 | is made to continue the isolation or quarantine commenced under |
3 | section 7902 (relating to temporary isolation or quarantine |
4 | without notice), the Department of Health or local health |
5 | department, depending upon whose jurisdiction the quarantine |
6 | subject is within, shall within 24 hours following the issuance |
7 | by the Governor of the written order under section 7902(a) file |
8 | a petition with a court of competent jurisdiction for a hearing |
9 | to authorize the continued isolation or quarantine. All of the |
10 | following shall apply: |
11 | (1) The court shall hold a hearing on the petition not |
12 | more than 72 hours after the filing of the petition to |
13 | determine whether continued isolation or quarantine is |
14 | warranted. |
15 | (2) Reasonable notice, either oral or written, stating |
16 | the time, place and purpose of the hearing shall be given to |
17 | the quarantine subject. |
18 | (3) The hearing shall be held in camera, or with other |
19 | appropriate safeguards, to protect the identity of the |
20 | quarantine subject. |
21 | (4) The quarantine subject has the right to be present, |
22 | cross-examine witnesses and present testimony. If a party |
23 | cannot personally appear before the court due to the nature |
24 | of the disease, infection or hazardous agent, the court may |
25 | determine the manner in which the hearing shall occur, |
26 | including through the use of closed-circuit television. |
27 | (5) If the number of individuals in a group quarantine |
28 | subject is too numerous to allow for individual hearings |
29 | within the 72-hour time frame or it is not possible to hold |
30 | individual hearings because not every member of the group can |
|
1 | be individually identified within the 72-hour time frame, the |
2 | court may determine that the interests of the group may be |
3 | represented by an authorized representative, which may be |
4 | appointed by the court. |
5 | (6) The Department of Health or local health department |
6 | must show by a preponderance of the evidence that continued |
7 | isolation or quarantine is warranted. |
8 | (7) A quarantine subject is entitled to representation |
9 | by legal counsel at all stages of any proceedings under this |
10 | section. If the quarantine subject is without financial |
11 | resources or is otherwise unable to employ counsel, the court |
12 | shall provide counsel for the quarantine subject. |
13 | (b) Continuation warranted.--If the court determines |
14 | continued isolation or quarantine is warranted, the court shall |
15 | so order the continued isolation or quarantine and shall fix the |
16 | time and duration of the isolation or quarantine. |
17 | § 7904. Miscellaneous. |
18 | (a) Care of individuals during isolation or quarantine.-- |
19 | (1) If the order of isolation or quarantine issued under |
20 | section 7902 (relating to temporary isolation or quarantine |
21 | without notice) is issued with respect to individuals under |
22 | the jurisdiction of a local health department, the county or |
23 | municipality in which the local health department operates |
24 | shall assure, at its expense, that the individuals are |
25 | provided with adequate and safe food, water and shelter and |
26 | with appropriate medical care for the duration of the |
27 | isolation or quarantine. |
28 | (2) If the order of isolation or quarantine issued under |
29 | section 7902 is issued with respect to individuals not under |
30 | the jurisdiction of a local health department, the |
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1 | Commonwealth shall assure, at its expense, that the |
2 | individuals are provided with adequate and safe food, water |
3 | and shelter and with appropriate medical care for the |
4 | duration of the isolation or quarantine. |
5 | (b) Relation to other laws.--Nothing in this chapter shall |
6 | be construed to limit the existing authority of the Secretary of |
7 | Health, the Department of Health or a local health department. |
8 | (c) Penalties.--The Department of Health, by its order, may |
9 | impose a civil penalty on any person who fails to comply with |
10 | any order issued by the Governor under this chapter. The penalty |
11 | shall be no more than $1,000 for the first offense, $2,000 for |
12 | the second offense and $5,000 for each subsequent offense. |
13 | (d) Emergency administration or dispensing of drugs or other |
14 | pharmaceuticals.--When the Governor has declared a disaster |
15 | emergency or when the Secretary of Health determines that it is |
16 | necessary to protect the health and safety of the public, the |
17 | Secretary of Health or designee may authorize any person to |
18 | administer vaccines or dispense or administer drugs. |
19 | (1) (i) The authorization shall be in writing and shall |
20 | state the vaccines or drugs to be administered or |
21 | dispensed, the categories of persons included in the |
22 | authorization, any additional training required before |
23 | such persons may perform vaccine administration or drug |
24 | dispensing or administration, any supervision required |
25 | for performance of the vaccine administration or drug |
26 | dispensing or administration, and the duration of the |
27 | authorization. |
28 | (ii) The Secretary of Health or designee may in |
29 | writing extend the scope and duration of the |
30 | authorization as the situation warrants. |
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1 | (iii) In addition to the civil immunity afforded in |
2 | Chapter 77 (relating to miscellaneous provisions) and any |
3 | other applicable immunities, any person authorized by the |
4 | Secretary of Health under this section shall not be |
5 | subject to professional discipline, administrative |
6 | penalty or other administrative sanction or criminal |
7 | liability for good faith performance of the vaccine |
8 | administration or drug dispensing or administration |
9 | duties performed in accordance with this section. |
10 | (2) (i) When the Governor has declared a disaster |
11 | emergency or when the Secretary of Health determines that |
12 | it is necessary to protect the health and safety of the |
13 | public, the Secretary of Health or designee may in |
14 | writing authorize drugs to be dispensed to an individual |
15 | to give to family members or others who have authorized |
16 | the individual to receive the drugs on their behalf. |
17 | (ii) Persons dispensing drugs shall only provide the |
18 | drugs for family members or others for whom complete |
19 | information as required by the Department of Health has |
20 | been presented, and who are determined, based on that |
21 | information, to meet the criteria for dispensing as |
22 | established or adopted by the Department of Health. |
23 | (iii) A minor who appears able to understand and |
24 | carry out the responsibilities enumerated in this section |
25 | may receive the drugs. |
26 | Section 10. Repeals are as follows: |
27 | (1) The General Assembly declares that the repeal under |
28 | paragraph (2) is necessary to effectuate the addition of 35 |
29 | Pa.C.S. Ch. 75 Subch. C and Ch. 79. |
30 | (2) The act of December 16, 2002 (P.L.1967, No.227), |
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1 | known as the Counterterrorism Planning, Preparedness and |
2 | Response Act, is repealed. |
3 | Section 11. This act shall take effect immediately. |
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