1Amending Title 35 (Health and Safety) of the Pennsylvania
2Consolidated Statutes, in emergency management services,
3further providing for definitions and for purposes of part;
4providing for penalty for false application; extensively
5revising provisions relating to Commonwealth services and to
6local organizations and services; further providing for
7disaster duties, for acceptance, for interstate arrangements,
8for immunity, for special powers, for workers' compensation
9and for penalties; providing for authority of Federal law
10enforcement officers, for confidentiality, for adverse
11interests and for public health emergency measures;
12establishing a system for the use of volunteer health
13practitioners; providing reasonable safeguards to assure that
14health practitioners are appropriately licensed and regulated
15to protect the public's health; providing for limitations on
16civil liability and for applicability of workers'
17compensation and occupational disease law; and making a
18related repeal.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. Sections 7102, 7103, 7301, 7302, 7303, 7304, 7305
22and 7305.1 of Title 35 of the Pennsylvania Consolidated Statutes
23are amended to read:

24§ 7102. Definitions.

25The following words and phrases when used in this part shall

1have, unless the context clearly indicates otherwise, the
2meanings given to them in this section:

3"Agency." The Pennsylvania Emergency Management Agency.

4"All hazards." All dangers that can threaten or harm
5individuals, the environment, the economy or property.

6"All-hazards information." Information describing the
7dangers that can threaten or harm individuals, the environment,
8the economy or property and which information pertains to the
9preparedness for or consequences from the dangers. The term does
10not include information related to criminal prosecution, law
11enforcement sources or methods, investigative activity,
12policies, training or protection tactics, tactical plans,
13information protected by 18 Pa.C.S. (relating to crimes and
14offenses) or information that could otherwise be reasonably seen
15as compromising law enforcement efforts.

16"Chief elected executive officer." The mayor of a city or
17borough, the chairperson of the commissioners or supervisors or
18the elected executive of a county, township or incorporated
19town.

20"Commonwealth agency." Any of the following:

21(1) An office, department, authority, board, multistate
22agency or commission of the executive branch.

23(2) The Governor's Office.

24(3) The Office of Attorney General, the Department of
25the Auditor General and the Treasury Department and any other
26agency, board or commission of the Commonwealth that is not
27subject to the policy supervision and control of the
28Governor.

29(4) An organization established by the Constitution of
30Pennsylvania, a statute or an executive order that performs

1or is intended to perform an essential governmental function.

2(5) A Commonwealth authority or entity.

3"Commonwealth critical infrastructure protection program." A
4program developed by the Pennsylvania Emergency Management
5Agency to provide a coordinated approach to setting Commonwealth
6priorities, goals and requirements for effective distribution of
7funding and resources for critical infrastructure and key
8resources to ensure that the government, economy and public
9services continue in the event of an emergency.

10"Commonwealth Disaster Recovery Task Force." The task force
11described under section 7312 (relating to Pennsylvania Emergency
12Management Council).

13"Commonwealth emergency management program." A program of
14coordinated activities consistent with Federal guidelines,
15including the National Incident Management System, coordinated
16by the Pennsylvania Emergency Management Agency, to address the
17management of emergencies. The term includes the State Emergency
18Operations Plan, the State Hazard Mitigation Plan and all
19appropriate State-level strategic and operational plans and
20programs that address all hazards, disaster-related mitigation,
21preparedness, protection, prevention, response and recovery.

22"Council." The Pennsylvania Emergency Management Council.

23"Council of governments." An association of two or more 
24local government units joined together under a written compact 
25to improve cooperation, coordination and planning and to 
26undertake programs in their mutual interest under the provisions 
27of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental 
28cooperation).

29"County emergency management program." An emergency
30management and preparedness program established and maintained

1by a county under section 7501 (relating to general authority of
2county and local emergency management programs).

3"Critical infrastructure." Assets, systems, networks and
4functions, physical or virtual, which are so vital to the
5government that their incapacitation or destruction would have a
6debilitating impact on security, economic security, public
7health or safety.

8 ["Custodial child care facility." A child day care center as
9defined under section 1001 of the act of June 13, 1967 (P.L.31,
10No.21), known as the Public Welfare Code, or nursery school
11licensed or regulated by the Commonwealth.]

12"Dedicated emergency response organization." An entity
13organized, chartered or incorporated in this Commonwealth or
14another jurisdiction of the United States or chartered by the
15Congress of the United States for the primary purpose of
16providing emergency services. The term includes a volunteer,
17paid and combination organization.

18"Dependent care facility." An organization, institution or
19facility licensed or certified by the Commonwealth that is
20responsible for the custodial care or health care of individuals
21who are dependent on the organization, institution or facility
22for the activities of daily living, health, safety or welfare.

23"Director." The director of the Pennsylvania Emergency
24Management Agency.

25"Disaster." [A man-made disaster, natural disaster or war-
26caused disaster.] An event that has a large-scale adverse effect 
27on individuals, the environment, the economy or property.

28"Disaster emergency." [Those conditions which may by
29investigation made, be found, actually or likely, to] A hazard 
30condition that may:

1 (1) affect seriously the safety, health or welfare of a
2substantial number of [citizens of this Commonwealth] people
3or preclude the operation or use of essential public
4facilities; and

5(2) be of such magnitude or severity as to render
6essential State supplementation of regional, county and local
7efforts or resources exerted or utilized in alleviating the
8danger, damage, suffering or hardship faced.[; and

9(3) have been caused by forces beyond the control of
10man, by reason of civil disorder, riot or disturbance, or by
11factors not foreseen and not known to exist when
12appropriation bills were enacted.]

13"Emergency." An incident that requires responsive,
14coordinated action to protect individuals, the environment, the
15economy or property.

16"Emergency action plan." A document prepared by a dependent
17care facility or large event planner, as referenced in section
187701(h) (relating to duties concerning disaster preparedness and
19emergency management), or other entity as required by statute or
20regulation to maintain an emergency preparedness capability or
21develop an emergency plan.

22 "Emergency management." [The judicious planning, assignment
23and coordination of all available resources in an integrated
24program of prevention, mitigation, preparedness, response and
25recovery for emergencies of any kind, whether from attack, man-
26made or natural sources.] The continuous cycle of preparedness,
27planning, response, recovery and mitigation for emergencies.

28"Emergency operations plan." A document prepared by a
29political subdivision that is consistent with Federal and State
30requirements that assigns responsibility to agencies and

1departments under the jurisdiction and control of the political
2subdivision for carrying out specific actions in a disaster
3emergency and states, among other things, lines of authority,
4response actions and coordination requirements.

5 "Emergency services." The preparation for and the carrying
6out of [functions] capabilities, other than [functions]
7capabilities for which military forces are primarily
8responsible, to prepare for, prevent, protect against, respond
9to and recover from, minimize and provide emergency repair of
10injury and damage resulting from disasters or emergencies,
11together with all other activities necessary or incidental to
12the preparation for and carrying out of those [functions]
13capabilities. The [functions] capabilities include, without
14limitation, firefighting services, police services, medical and
15health services, search, rescue, engineering, disaster warning
16services, sharing of information, communications, radiological
17activities, shelter, chemical and other special weapons defense,
18evacuation of persons from stricken areas, emergency welfare
19services, mass-care services, emergency transportation,
20emergency [resources] management, existing or properly assigned
21functions of plant protection, temporary restoration of public
22utility services, logistics and resource management and other
23[functions] capabilities related to civilian protection. The
24term includes all of the following:

25(1) Capabilities of municipal governments, county
26governments, nongovernmental organizations or the
27Commonwealth.

28(2) Capabilities of regional task forces and other
29response organizations as specifically provided for under
30this part.

1"Federal emergency." An emergency as defined in section 
2102(1) of The Robert T. Stafford Disaster Relief and Emergency 
3Assistance Act (Public Law 93-288, 42 U.S.C. § 5122(1)).

4"Federal law enforcement officer." A law enforcement officer
5who:

6(1) is employed by the United States;

7(2) is authorized to effect an arrest, with or without a
8warrant, for a violation of the United States Code; and

9(3) is authorized to carry a firearm in the performance
10of the law enforcement officer's duties.

11"Grantee." The entity, government or organization to which a
12grant is awarded.

13"Hazard vulnerability analysis." A process by which a
14political subdivision identifies the disasters most likely to
15strike the community and estimates the potential impact of the
16disaster to loss of life, property, the environment and the
17economy.

18"Hazardous agent." A substance that has or potentially has
19an adverse effect on human health with public health
20consequences.

21"Homeland security." A concerted national effort to prevent
22and disrupt terrorist attacks, protect against all hazards and
23respond to and recover from incidents that occur.

24"Incident command system." A standardized on-scene emergency
25management construct that is:

26(1) Specifically designed to provide for the adoption of
27an integrated organizational structure that reflects the
28complexity and demands of single or multiple incidents,
29without being hindered by jurisdictional boundaries.

30(2) Characterized by the combination of facilities,

1equipment, personnel, procedures and communications operating
2within a common organizational structure and designed to aid
3in the management of resources during all kinds of
4emergencies regardless of size or complexity.

5"Incident commander." The individual responsible for all
6incident-related activities as described in the National
7Incident Management System.

8"Incident management team." An incident command organization
9made up of the command and general staff members and other
10appropriate personnel organized according to Federal and State 
11guidelines that can be deployed or activated as needed.

12"Institution of higher education." A university, a four-year
13college or community college.

14"Joint information center." A facility established to
15coordinate incident-related public information activities and be
16the central point of contact for news media.

17"Key resources." Publicly or privately controlled resources
18essential to minimal operation of the economy and the
19government.

20"Law enforcement sensitive information." Unclassified
21information originated by a law enforcement agency that may be
22used in criminal prosecution and requires protection against
23unauthorized disclosure to protect sources and methods,
24investigative activity, evidence or the integrity of pretrial
25investigative reports, as well as tactics, training,
26capabilities, protection details, protocols or policies that
27could compromise law enforcement efforts.

28"Letter of agreement." The written agreement of a public,
29semipublic, private or nonprofit corporation, business,
30association, partnership, authority or other entity or an 

1individual agreeing to provide personnel, equipment, supplies,
2training facilities or other resources either directly to or in
3support of preparedness and emergency management.

4"Local disaster emergency." The condition declared by a
5local governing body or chief elected executive officer when, in
6its or the officer's judgment, the threat or actual occurrence
7of a disaster may:

8(1) Affect seriously the safety, health or welfare of a
9substantial number of people or preclude the operation or use
10of essential public facilities.

11(2) Be of a magnitude or severity that warrants
12coordinated local government action in alleviating the
13danger, damage, suffering or hardship.

14["Local emergency." The condition declared by the local
15governing body when in their judgment the threat or actual
16occurrence of a disaster is or threatens to be of sufficient
17severity and magnitude to warrant coordinated local government
18action to prevent or alleviate the damage, loss, hardship or
19suffering threatened or caused thereby. A local emergency
20arising wholly or substantially out of a resource shortage may
21be declared only by the Governor, upon petition of the local
22governing body, when he deems the threat or actual occurrence of
23a disaster to be of sufficient severity and magnitude to warrant
24coordinated local government action to prevent or alleviate the
25damage, loss, hardship or suffering threatened or caused
26thereby.]

27"Local emergency management program." An emergency
28management and preparedness program established and maintained
29by a municipality under section 7501 (relating to general
30authority of county and local emergency management programs).

1"Local health department." A county department of health 
2under the act of August 24, 1951 (P.L.1304, No.315), known as 
3the Local Health Administration Law, or a department of health 
4in a municipality approved for a Commonwealth grant to provide 
5local health services under section 25 of the Local Health 
6Administration Law.

7["Local organization." A local emergency management
8organization.]

9"Major disaster." The term as it is defined in the Stafford
10Act.

11["Man-made disaster." Any industrial, nuclear or
12transportation accident, explosion, conflagration, power
13failure, natural resource shortage or other condition, except
14enemy action, resulting from man-made causes, such as oil spills
15and other injurious environmental contamination, which threatens
16or causes substantial damage to property, human suffering,
17hardship or loss of life.]

18"Mitigation." Protection activities designed to reduce or
19eliminate risks to persons or property or to lessen the actual
20or potential effects or consequences of an incident that may be
21implemented prior to, during or after an incident.

22"Municipality." A city, borough, incorporated town or
23township.

24"Mutual aid." Mutual assistance and sharing of resources
25among participating political subdivisions in the prevention of,
26response to and recovery from threats to public health and
27safety that are beyond the capability of the affected community.

28"National Incident Management System." A system that
29provides a consistent nationwide approach for Federal, State,
30local and tribal governments, the private sector and

1nongovernmental organizations to work effectively and
2efficiently together to prepare for, prevent, protect against,
3respond to and recover from domestic incidents, regardless of
4cause, size or complexity. The term includes a successor system
5established by the Federal Government.

6"National Infrastructure Protection Plan." A plan developed
7by the United States Department of Homeland Security that
8provides a coordinated approach to critical infrastructure and
9key resources protection roles and responsibilities for Federal,
10State, local, tribal and private sector security partners or a
11successor program and that sets national priorities, goals and
12requirements for effective distribution of funding and resources
13to ensure that the government, economy and public services
14continue in the event of a disaster emergency.

15"National Response Framework." A policy developed by the
16Federal Government that integrates national domestic prevention,
17protection, preparedness, response and recovery plans into one
18all-discipline unity of effort for all hazards. The term
19includes a successor policy adopted by the Federal Government.

20["Natural disaster." Any hurricane, tornado, storm, flood,
21high water, wind-driven water, tidal wave, earthquake,
22landslide, mudslide, snowstorm, drought, fire, explosion or
23other catastrophe which results in substantial damage to
24property, hardship, suffering or possible loss of life.]

25"Operational plan." A plan that describes the emergency
26management or homeland security roles, responsibilities and
27resources of an organization.

28"Person." An individual, corporation, [firm, association,]
29partnership, limited liability company, business trust, 
30government entity, including the Commonwealth, foundation,

1public utility, trust[,] or estate[, public or private
2institution, group, the Commonwealth or a local agency or
3political subdivision and any legal successor, representative or
4agency of the foregoing].

5"Political subdivision." [Any] A county, city, borough,
6incorporated town or township.

7"Preparedness." A continuous process of identifying and
8implementing tasks and activities necessary to build, sustain
9and improve operational capability to prevent, protect against,
10respond to and recover from domestic incidents involving all
11levels of government, private sector and nongovernmental
12organizations to identify threats, determine vulnerabilities and
13identify required resources.

14"President." The President of the United States.

15"Prevention." Actions to avoid an incident or to intervene
16to stop an incident from occurring.

17"Protection." Actions to reduce or eliminate adverse effects
18to life, property, the environment or the economy.

19"Recovery." The development, coordination and execution of
20service-restoration and site-restoration plans for impacted
21communities and the reconstitution of government operations and
22services through individual, private sector, nongovernmental and
23public assistance programs that do all of the following:

24(1) Identify needs and define resources.

25(2) Provide housing and promote restoration.

26(3) Address long-term care and treatment of affected
27persons.

28(4) Implement additional measures and techniques, as
29feasible.

30(5) Evaluate the incident to identify lessons learned.

1(6) Develop initiatives to mitigate the effects of
2future incidents.

3"Regional." Pertaining to regional task forces.

4"Regional task force." An operational cooperative effort
5organized among Federal, State, county, council of governments
6and municipal emergency management, health, law enforcement,
7public safety and other officials and representatives from
8volunteer service organizations, emergency services
9organizations, private business and industry, hospitals and
10medical care facilities and other entities within a multicounty
11area as recognized by and determined by the agency that is
12responsible for conducting all-hazards planning, training
13preparedness and emergency response activities.

14"Resource shortage." The absence, unavailability or reduced
15supply of any raw or processed natural resource, or any
16commodities, goods or services of any kind which bear a
17substantial relationship to the health, safety, welfare and
18economic well-being of the citizens of this Commonwealth.

19"Response." Activities that address the short-term, direct
20effects of an incident. The term includes the execution of
21emergency operations plans and incident mitigation activities
22designed to limit the loss of life, personal injury, property
23damage and other unfavorable outcomes.

24"Review and accept." The process by which the Pennsylvania
25Emergency Management Agency, county emergency management
26programs and local emergency management programs validate
27planning documents in accordance with this part to ensure
28compliance with established planning criteria, adherence to
29templates and completeness. The process may not imply approval
30or verification of ability to execute the plans described in the

1planning documents.

2"Specialized regional response team." A complement of
3individuals established by a regional task force and organized
4in accordance with standards developed by the Pennsylvania
5Emergency Management Agency and applicable Federal agencies to
6respond to emergencies involving an actual or potential
7disaster.

8"Specialized Statewide response team." A complement of
9individuals organized by the Commonwealth to provide specialized
10personnel, equipment and other support capabilities in response
11to an actual or potential disaster.

12"Stafford Act." The Robert T. Stafford Disaster Relief and
13Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et
14seq.).

15"State emergency operations plan." A document prepared by
16the Pennsylvania Emergency Management Agency and approved and
17signed by the Governor that is consistent with Federal
18requirements and assigns responsibility to appropriate
19Commonwealth agencies for carrying out specific actions in a
20disaster emergency and states, among other things, lines of
21authority, response actions and coordination requirements.

22"State Emergency Registry of Volunteers in Pennsylvania" or
23"SERVPA." An Internet-based system developed and maintained by
24the Commonwealth allowing for the advance and real-time
25registration of volunteers for deployment during emergencies or
26disasters.

27"State hazard mitigation plan." A document prepared by the
28Pennsylvania Emergency Management Agency to reduce the loss of
29life and property due to all hazards and to enable mitigation
30measures to be implemented during the immediate recovery from a

1disaster.

2"Strategic plan." A plan describing an organization's
3emergency management or homeland security goals and objectives.

4"Tactical plan." A plan describing an organization's
5execution of tasks and actions to prevent, protect, investigate
6and respond to an emergency, incident or other situation.

7"Terrorism." An act or activity that:

8(1) Is dangerous to human life or potentially
9destructive of critical infrastructure or key resources.

10(2) Is a violation of the criminal laws of the United
11States or of any state or other subdivision of the United
12States where it occurs.

13(3) Is intended to intimidate or coerce the civilian
14population or influence a government or affect the conduct of
15a government.

16"Urban search and rescue task force." A complement of
17individuals and equipment organized by the Pennsylvania
18Emergency Management Agency in accordance with standards
19developed by the agency and the Federal Emergency Management
20Agency to provide emergency response and search and rescue
21capabilities and resources.

22["War-caused disaster." Any condition following an attack
23upon the United States resulting in substantial damage to
24property or injury to persons in the United States caused by use
25of bombs, missiles, shellfire, nuclear, radiological, chemical
26or biological means, or other weapons or overt paramilitary
27actions, or other conditions such as sabotage.]

28§ 7103. [Purposes] Purpose of part.

29[The purposes of this part are to:

30(1) Reduce vulnerability of people and communities of

1this Commonwealth to damage, injury and loss of life and
2property resulting from disasters.

3(2) Prepare for prompt and efficient rescue, care and
4treatment of persons victimized or threatened by disaster.

5(3) Provide a setting conducive to the rapid and orderly
6start of restoration and rehabilitation of persons and
7property affected by disasters.

8(4) Clarify and strengthen the roles of the Governor,
9Commonwealth agencies and local government in prevention of,
10preparation for, response to and recovery from disasters.

11(5) Authorize and provide for cooperation in disaster
12prevention, preparedness, response and recovery.

13(6) Authorize and provide for coordination of activities
14relating to disaster prevention, preparedness, response and
15recovery by agencies and officers of this Commonwealth, and
16similar State-local and Federal-State activities in which the
17Commonwealth and its political subdivisions participate.

18(7) Provide a disaster management system embodying all
19aspects of predisaster preparedness and postdisaster
20response.

21(8) Assist in prevention of disaster caused or
22aggravated by inadequate planning for and regulation of
23public and private facilities and land use.

24(9) Supplement, without in any way limiting, authority
25conferred by previous statutes of this Commonwealth and
26increase the capability of the Commonwealth and local
27agencies having responsibilities for civil defense to perform
28both civil defense and disaster services.

29(10) Further the operational capacities of Commonwealth
30agencies to deal with disaster situations.

1(11) Further programs of education and training.

2(12) Establish integrated communications capabilities
3and warning systems.]

4The purpose of this part is to authorize and provide for
5coordination of activities relating to disaster preparedness and
6emergency management activities by agencies and officers of this
7Commonwealth and similar Federal-State and State-local
8activities in which the Commonwealth and its political
9subdivisions, intergovernmental cooperative entities, regional 
10task forces, councils of governments, school districts and other 
11appropriate public and private entities participate.

12§ 7301. General authority of Governor.

13(a) Responsibility to meet disasters.--The Governor is
14responsible for meeting the dangers to this Commonwealth and
15people presented by disasters.

16(b) Executive orders, proclamations and regulations.--Under
17this part, in addition to other rights granted to the Governor 
18under this part, the Governor may issue, amend and rescind
19executive orders, proclamations and regulations, which shall
20have the force and effect of law.

21(c) Declaration of disaster emergency.--

22(1) A disaster emergency shall be declared by executive
23order or proclamation of the Governor upon finding that a
24disaster has occurred or that the occurrence or the threat of
25a disaster is imminent.

26(2)  The [state of] declared disaster emergency shall
27continue until the Governor finds that the threat or danger
28has passed or the disaster has been dealt with to the extent
29that emergency conditions no longer exist and terminates the
30[state of] declared disaster emergency by executive order or

1proclamation, but no [state of] declared disaster emergency
2may continue for longer than 90 days unless renewed by the
3Governor.

4(3)  The General Assembly by concurrent resolution may
5terminate a [state of] disaster emergency declaration at any
6time. Thereupon, the Governor shall issue an executive order
7or proclamation ending the [state of] declared disaster
8emergency.

9(4) All executive orders or proclamations issued under
10this subsection shall indicate the nature of the disaster,
11the area or areas threatened and the conditions which have
12brought the disaster about or which make possible termination
13of the [state of] declared disaster emergency.

14(5) An executive order or proclamation shall be
15disseminated promptly by means calculated to bring its
16contents to the attention of the general public and, unless
17the circumstances attendant upon the disaster prevent or
18impede, shall be promptly filed with the [Pennsylvania
19Emergency Management Agency] agency and the Legislative
20Reference Bureau for publication under [Part II of Title 45]
2145 Pa.C.S. Pt. II (relating to publication and effectiveness
22of Commonwealth documents).

23(d) Activation of disaster response.--An executive order or
24proclamation of a state of disaster emergency shall activate the
25disaster response and recovery aspects of the [Commonwealth]
26State emergency operations plan and [local disaster] other
27emergency plans applicable to the political subdivision or area
28in question and shall be authority for the deployment and use of
29any forces to which the plan or plans apply and for use or
30distribution of any supplies, equipment and materials and

1facilities assembled, stockpiled or arranged to be made
2available pursuant to this part or any other provision of law
3relating to disaster emergencies.

4(e) Commander in chief of military forces.--[During the
5continuance of any state of disaster emergency, the] The
6Governor is commander in chief of the Pennsylvania military
7forces. To the greatest extent practicable, the Governor shall
8delegate or assign command authority by prior arrangement
9embodied in appropriate executive orders or regulations, but
10this does not restrict the authority of the Governor to do so by
11orders issued at the time of the disaster emergency.

12(f) Additional powers.--In addition to any other powers
13conferred upon the Governor by law, the Governor may:

14(1) Suspend the provisions of any [regulatory] statute
15[prescribing the procedures for conduct of Commonwealth
16business,] or the orders, rules or regulations of any
17Commonwealth agency, if strict compliance with the provisions
18of any statute, order, rule or regulation would in any way
19prevent, hinder or delay necessary action in coping with the
20emergency.

21(2) [Utilize] Before, during and following the 
22expiration of a declaration of a disaster emergency, utilize
23all available resources of the Commonwealth [Government] and
24each political subdivision [of this Commonwealth] as
25reasonably necessary to cope with [the] or mitigate the 
26effects of a disaster emergency or potential disaster
27emergency.

28(3) Transfer the direction, personnel or functions of
29Commonwealth agencies or units thereof for the purpose of
30performing or facilitating emergency services.

1(4) Subject to any applicable requirements for
2compensation under section 7313(10) (relating to powers and
3duties), commandeer or utilize any private, public or quasi-
4public property if necessary to cope with the disaster
5emergency.

6(5) Direct and compel the evacuation of all or part of
7the population from any stricken or threatened area within
8this Commonwealth if this action is necessary for the
9preservation of life or other disaster mitigation, response
10or recovery.

11(6) Prescribe routes, modes of transportation and
12destinations in connection with evacuation.

13(7) Control ingress and egress to and from a disaster
14area, the movement of persons within the area and the
15occupancy of premises therein.

16(8) Suspend or limit the sale, dispensing or
17transportation of alcoholic beverages, firearms, explosives
18and combustibles.

19(9) If the Governor determines that the Commonwealth
20needs the assistance of Federal law enforcement while a
21declaration of a disaster emergency is in effect, make a
22request to the Federal Government for the assistance of
23Federal law enforcement officers in enforcing the laws of
24this Commonwealth. Only the Governor shall have the power to
25make the request.

26§ 7302. Temporary housing.

27(a) Authority of Governor.--Whenever the Governor has
28[proclaimed] declared a disaster emergency under this part, or
29the President, at the request of the Governor, has declared [an]
30a Federal emergency or a major disaster to exist in this

1Commonwealth, the Governor is authorized:

2(1) To enter into purchase, lease or other arrangements
3with any Federal agency for temporary housing units to be
4occupied by disaster victims and to make the units available
5to any political subdivision [of this Commonwealth named as a
6party to the emergency or disaster declaration.] authority or 
7authorized nonprofit organization included in the declared 
8disaster emergency, declared Federal emergency or declared 
9major disaster.

10(2) To assist any political subdivision [of this
11Commonwealth] authority or authorized nonprofit organization 
12which is the locus of temporary housing for disaster victims
13to acquire sites necessary for such temporary housing and to
14do all things required to prepare such sites to receive and
15utilize temporary housing units by:

16(i) advancing or lending funds available to the
17Governor from any appropriation made by the General
18Assembly or from any other source;

19(ii) "passing through" funds made available by any
20agency, public or private; or

21(iii) becoming a copartner with the political
22subdivision for the execution and performance of any
23temporary housing for disaster victims [project];

24and for such purposes to pledge the credit of the
25Commonwealth on such terms as the Governor deems appropriate
26having due regard for current debt transactions of the
27Commonwealth.

28(3) Under such [regulations] conditions as the Governor
29shall prescribe, to temporarily suspend or modify for not to
30exceed 60 days any public health, safety, zoning,

1transportation [(within] within or across this
2[Commonwealth)] Commonwealth or other requirement of statute
3or regulation within this Commonwealth when by proclamation
4the Governor deems the suspension or modification essential
5to provide temporary housing for disaster victims.

6(b) Acquisition of sites by political subdivisions.--Any
7political subdivision [of this Commonwealth] authority or 
8authorized nonprofit organization is expressly authorized to
9acquire, temporarily or permanently, by purchase, lease or
10otherwise, sites required for installation of temporary housing
11units for disaster victims[,] and to enter into whatever
12arrangements [which are] necessary to prepare or equip the sites
13to utilize the housing units.

14(c) Construction of section.--This section does not limit
15the authority of the Governor to apply for, administer and
16expend any grants, gifts or payments in aid of disaster
17[prevention,] preparedness[, response or recovery] and emergency 
18management activities.

19[(d) Definitions.--As used in this section, "major disaster"
20and "emergency" shall have the same meanings as defined or used
21in The Robert T. Stafford Disaster Relief and Emergency
22Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.).]

23§ 7303. Debris and wreckage removal.

24(a) Authority of Governor.--Whenever the Governor has
25declared a disaster emergency to exist under this part, or the
26President, at the request of the Governor, has declared a major
27disaster or emergency to exist in this Commonwealth, the
28Governor is authorized:

29(1) Notwithstanding any other provision of law, through
30the use of Commonwealth agencies [or instrumentalities], to

1clear or remove from publicly or privately owned land or
2water[,] debris and wreckage which may threaten public health
3or safety, or public or private property.

4(2) To accept funds from the Federal Government and
5utilize the funds to make grants or to reimburse any
6political subdivision for the purpose of removing debris or
7wreckage from publicly or privately owned land or water.

8(b) Authority of Commonwealth personnel.--Whenever the
9Governor provides for clearance of debris or wreckage pursuant
10to subsection (a), employees of the designated Commonwealth
11agencies or individuals appointed by the Commonwealth are
12authorized to enter upon private land or waters and perform any
13tasks necessary to the removal or clearance operation.

14[(c) Nonliability of Commonwealth personnel.--Except in
15cases of willful misconduct, gross negligence or bad faith, any
16Commonwealth employee or agent complying with and performing
17duties pursuant to orders of the Governor under this section
18shall not be liable for death of or injury to persons or damage
19to property.]

20§ 7304. Community disaster loans.

21Whenever, at the request of the Governor, the President has
22declared a major disaster or emergency to exist in this
23Commonwealth, the Governor is authorized:

24(1) Upon determining that a political subdivision [of
25this Commonwealth] will suffer a substantial loss of tax and
26other revenues from a major disaster or emergency and has
27demonstrated a need for financial assistance to perform its
28governmental functions, to apply to the Federal Government,
29on behalf of the political subdivision, for a loan and to
30receive and disburse the proceeds of any approved loan to

1[any] the applicant [political subdivision].

2(2) To determine the amount needed by [any applicant] a 
3political subdivision to restore or resume its governmental
4functions and to certify the amount to the Federal
5Government. No application amount shall exceed 25% of the
6annual operating budget of the applicant for the fiscal year
7in which the major disaster or emergency occurs.

8(3) After review, recommend to the Federal Government
9the cancellation of all or any part of repayment when, in the
10first three full fiscal-year periods following the major
11disaster, the revenues of the political subdivision are
12insufficient to meet its operating expenses, including
13additional disaster-related expenses [of a municipal
14operation character].

15§ 7305. Individual and family assistance.

16(a) Grants by Federal Government.--Whenever the President,
17at the request of the Governor, has declared a major disaster or
18emergency to exist in this Commonwealth, the Governor is
19authorized:

20(1) Upon determining that assistance under [The Robert
21T. Stafford Disaster Relief and Emergency Assistance Act
22(Public Law 93-288, 42 U.S.C. § 5121 et seq.),] the Stafford 
23Act and from other means is insufficient to meet the
24disaster-related necessary expenses or serious needs of
25individuals or families adversely affected by a major
26disaster or emergency, to accept a grant from the Federal
27Government for the purpose of meeting the expenses or needs
28of disaster victims, subject to any terms and conditions
29imposed upon the grant.

30(2) To enter into an agreement with the Federal

1Government or any Federal agency or officer pledging the
2Commonwealth to participate in the funding of the assistance
3authorized in paragraph (1) and, if Commonwealth funds are
4not otherwise available to the Governor, to accept an advance
5of the Commonwealth share from the Federal Government to be
6repaid when the Commonwealth is able to do so.

7(b) Grants by Governor.--To implement subsection (a), the
8Governor is authorized to make grants to meet disaster-related
9necessary expenses or serious needs of individuals or families
10adversely affected by a major disaster or emergency declared by
11the President. Any grant shall not exceed the amount authorized
12by [The Robert T. Stafford Disaster Relief and Emergency
13Assistance Act] the Stafford Act or by applicable State law to
14an individual or family in any single major disaster or 
15emergency.

16[(c) Penalty for false application.--Any person who
17fraudulently or willfully makes a misstatement of fact in
18connection with an application for assistance under this section
19shall be guilty of a misdemeanor of the third degree.]

20§ 7305.1. Grants for public assistance and hazard mitigation.

21(a) Commonwealth participation in public assistance and
22hazard mitigation funding; agreements.--Whenever the President
23authorizes [the] a contribution [of up to 75% of] to the cost of
24[hazard mitigation measures to] public assistance grants to 
25repair or replace eligible public property damage or hazard 
26mitigation to reduce the risk of future damage, hardship[,] or
27loss [or suffering] to eligible property in any area affected by
28a major disaster pursuant to [The Robert T. Stafford Disaster
29Relief and Emergency Assistance Act (Public Law 93-288, 88 Stat.
30143)] the Stafford Act, the Governor is authorized, subject to

1the availability of appropriated funds, to enter into an
2agreement with the Federal Government or any Federal agency or
3officer pledging the Commonwealth to participate in the funding
4of the public assistance and mitigation project or plan.

5(b) Special Session disaster relief acts.--Projects which
6are itemized under Chapter 3 of the act of July 11, 1996 (2nd 
7Sp.Sess., P.L.1791, No.8), known as the Special Session Flood
8Control and Hazard Mitigation Itemization Act of 1996, and the
9act of July 11, 1996 (2nd Sp.Sess., P.L.1826, No.9), known as
10the Special Session Flood Relief Act, are deemed to be hazard
11mitigation projects for the purposes of hazard mitigation
12funding to the extent that such projects qualify under [The
13Robert T. Stafford Disaster Relief and Emergency Assistance Act
14(Public Law 93-288, 88 Stat. 143).] the Stafford Act.

15(c) Need for plan.--The agency may withhold Federal or State
16funds available under subsection (a) from a political
17subdivision that does not have in effect a current emergency
18operations plan and a current hazard mitigation plan as required
19under this part.

20Section 2. Title 35 is amended by adding a section to read:

21§ 7307.1. Use and appropriation of unused Commonwealth funds.

22(a) Transfer of funds authorized.--In addition to the 
23transfers permitted under section 1508(a) of the act of April 9, 
241929 (P.L.343, No.176), known as The Fiscal Code, if the 
25Governor has not declared a disaster emergency or if a 
26declaration of disaster emergency has expired, the Governor may 
27nevertheless transfer unused funds that may have been 
28appropriated for the ordinary expenses of the Commonwealth in 
29the General Fund to Commonwealth agencies as the Governor may 
30direct to be expended for preparedness planning and other 

1activities related to a potential or actual disaster in a manner 
2as the Governor shall approve, and the funds are appropriated to 
3the Governor for that purpose.

4(b) Limitation on amount transferred.--The total of the
5transfers authorized under section 1508(a) of The Fiscal Code
6and under this section may not exceed $25,000,000 in a year
7except by action of the General Assembly.

8Section 3. Section 7308 of Title 35 is amended to read:

9§ 7308. Laws suspended during emergency assignments.

10In the case of a declaration of a [state of] disaster
11emergency by the Governor, Commonwealth agencies may implement
12their emergency assignments without regard to procedures
13required by other laws [(except mandatory constitutional
14requirements)], except constitutional requirements, pertaining
15to the performance of public work, entering into contracts,
16incurring of obligations, employment of temporary workers,
17rental of equipment, purchase of supplies and materials and
18expenditures of public funds.

19Section 4. Title 35 is amended by adding a section to read:

20§ 7309. Penalty for false application.

21A person who fraudulently or willfully makes a material
22misstatement of fact in connection with an application for
23assistance under this subchapter commits a misdemeanor of the
24third degree. In addition to any other sentence imposed, the
25defendant shall be ordered to repay to the Commonwealth the
26amount of funds received under the application.

27Section 5. Sections 7312, 7313, 7314, 7320, 7501, 7502,
287503, 7504, 7511, 7512, 7513, 7514 and 7515 of Title 35 are
29amended to read:

30§ 7312. [Organization.] Pennsylvania Emergency Management 

1Council.

2[This agency shall consist of and be organized substantially
3as follows:

4(a) Council.--Primary responsibility for overall policy and
5direction of a Statewide civil defense and disaster program and
6response capability of the type hereinafter prescribed shall be
7vested in a body legally known as the Pennsylvania Emergency
8Management Council, which]

9(a) Establishment.--

10(1) The Pennsylvania Emergency Management Council is
11established within the agency.

12(2) (i) The council shall be composed of: the Governor,
13the Lieutenant Governor, the Adjutant General, the 
14Secretary of the Budget, the director, the Secretary of 
15Administration, the Secretary of State, the Secretary of 
16Education, the Secretary of General Services, the 
17Secretary of Labor and Industry, the Secretary of Health,
18the Attorney General, the Governor's General Counsel, the
19Secretary of Community [Affairs,] and Economic 
20Development, the Secretary of Conservation and Natural 
21Resources, the Secretary of Environmental Protection, the
22Secretary of Transportation, the Secretary of
23Agriculture, the Secretary of Public Welfare, the
24Commissioner of the Pennsylvania State Police, [Chairman]
25the Chairperson of the Pennsylvania Public Utility
26Commission, the State Fire Commissioner, or their 
27designees, and the Speaker of the House of
28Representatives, the President pro tempore of the Senate,
29the Minority Leader of the Senate and the Minority Leader
30of the House of Representatives or their designee. [The

1Speaker of the House of Representatives, President pro
2tempore of the Senate, Minority Leader of the Senate and
3Minority Leader of the House of Representatives may
4authorize a member of their respective Houses of the
5General Assembly to serve in their stead.]

6(ii) The Governor may authorize up to two
7representatives of business and industry, up to two
8representatives of labor, up to two public members at
9large and one representative respectively of the
10[Pennsylvania State Association of] County Commissioners
11Association of Pennsylvania, the Pennsylvania State
12Association of Township Commissioners, the Pennsylvania
13State Association of Township Supervisors, the
14Pennsylvania Municipal League [of Cities and], the
15Pennsylvania State Association of Boroughs and the 
16Keystone Emergency Management Association to be nonvoting
17members of the council.

18(iii)  The Governor [may designate a member to] shall
19serve as [chairman.] chair.

20(iv) The Governor may also appoint representatives
21of key private sectors, including the energy utility,
22medical, police, fire, emergency medical services,
23communications, transportation, education, agriculture
24and labor sectors, and two members-at-large to serve as
25nonvoting council members.

26(3)  Five voting members shall constitute a quorum.

27(b) Compensation and expenses.--The members shall serve
28without compensation, but may be reimbursed for their actual and
29necessary traveling and other expenses incurred in connection
30with attendance at meetings.

1(c) Regular meetings.--For the conduct of routine business,
2including particularly the consideration of matters of basic
3policy, the council shall meet at the call of the [chairman and
4at least three times during each calendar year.] chair.

5(d) Emergency meetings.--In the event of [attack or disaster
6situations determined actually or likely to be of such nature,
7magnitude, severity or duration as to necessitate extensive or
8extraordinary deployment and use of Commonwealth resources for
9emergency purposes] the occurrence of an emergency, the
10[chairman shall, within not more than 72 hours immediately
11following such determination,] chair may call the council into
12emergency session[,] for consideration of actions taken or to be
13taken. [In] The director may call such meetings in the absence
14of the [chairman, notice of such meetings shall be disseminated
15to the membership by the State director.] chair.

16[(e) State director.--To supervise the work and activities
17comprising the State Civil Defense and Disaster Program, the
18Governor shall appoint an individual to act, on a full-time
19basis, as director of the agency. The director shall perform all
20such fiscal, planning, administrative, operational and other
21duties as may be assigned to him by the council and shall act as
22the chairman's principal assistant in civil defense and disaster
23matters. The director or the director's designee is also the
24State coordinating officer responsible to coordinate and
25supervise the Commonwealth and local disaster response effort
26following a presidential declaration of an emergency or a major
27disaster.]

28(f) Staff.--[The council shall, within the limitations of
29appropriations made to the agency, arrange for the employment of
30such professional, technical, administrative and other staff

1personnel as may be deemed essential to the development and
2maintenance of a Statewide civil defense and disaster plan and
3program of the type hereinafter prescribed. All such personnel
4shall be employed and subject to pertinent provisions of the act
5of August 5, 1941 (P.L.752, No.286), known as the "Civil Service
6Act," and the Commonwealth Compensation Plan.] The agency shall 
7provide the council with staff and other services as may be 
8required for the council to carry out its responsibilities under 
9this part.

10[(g) Office space, equipment and services.--The agency shall
11be furnished necessary and appropriate office space, furniture,
12equipment, supplies and services in the same general manner as
13are other Commonwealth departments and agencies.

14(h) Emergency communications.--The agency shall maintain an
15integrated communications capability designed to provide to all
16areas and counties weather advisories, river forecasts,
17warnings, and direction and control of all emergency
18preparedness functions within the Commonwealth. The agency shall
19coordinate the Commonwealth's emergency communication systems,
20sharing of information and weather emergency notification among
21the National Weather Service, contiguous State emergency
22management offices, local coordinators of emergency management,
23the Pennsylvania State Police, local police departments, private
24relief associations and other appropriate organizations.
25Additionally, the agency shall establish the sole Statewide
26telephone number that persons, including county and municipal
27emergency management personnel, may use to report incidences of
28radioactive and hazardous materials and other disaster
29emergencies.

30(i) Administrative provisions.--Except as otherwise provided

1in this part, the agency shall be subject to the provisions of
2the act of April 9, 1929 (P.L.177, No.175), known as "The
3Administrative Code of 1929."]

4(j) Commonwealth Disaster Recovery Task Force.--The director
5shall organize the Commonwealth Disaster Recovery Task Force to,
6when directed by the Governor, review and conduct studies of
7disasters that occur in this Commonwealth, their causes and
8impacts, make recommendations to prevent future disasters,
9lessen their impact and help expedite recovery at the State and
10local level. The members of the council shall serve on the task
11force and may invite other organizations and Commonwealth
12agencies to participate as needed.

13§ 7313. Powers and duties.

14The agency shall [have the following powers and duties]
15develop a comprehensive emergency management and preparedness 
16system for this Commonwealth, in coordination with other 
17Commonwealth agencies as designated by the Governor. In order to 
18develop the system, the agency shall:

19(1) [To prepare] Prepare, maintain and keep current [a
20Pennsylvania Emergency Management Plan for the prevention and
21minimization of injury and damage caused by disaster, prompt
22and effective response to disaster and disaster emergency
23relief and recovery.] the Commonwealth emergency management 
24program. The [plan] program may include provisions for:

25(i) Preparedness standards established by the United 
26States Department of Homeland Security and the Federal
27Emergency Management Agency.

28(ii) [Commonwealth] State, regional and local
29[disaster] emergency management responsibilities.

30(iii) Assistance to Commonwealth agencies, regional 

1task forces, local government officials, [schools and
2custodial child] dependent care facilities [in designing
3emergency management plans and training programs] and the 
4private sector in developing their systems of emergency 
5management and preparedness.

6(iv) Organization of manpower[,] and chains of
7command[, continuity of government] in emergency
8situations and emergency operational principles.

9(v) Coordination of Federal, [Commonwealth] State, 
10regional and local [disaster] preparedness and emergency
11management activities.

12(vi) Coordination of the [Commonwealth Emergency
13Management Plan with the disaster plans of the Federal
14Government and those of other states] State emergency 
15operations plan with other Commonwealth agencies as 
16designated by the Governor, the United States Department 
17of Homeland Security, the Federal Emergency Management 
18Agency and other states.

19(vii) Assistance to the Commonwealth, regional task 
20forces, school districts and local governments in
21obtaining, utilizing and managing Federal and
22[Commonwealth] State disaster assistance.

23(viii) Supply to appropriate [Commonwealth] State
24and local officials and regional task forces State
25catalogs of Federal, [Commonwealth] State and private
26assistance programs.

27(ix) [Identification of areas particularly
28vulnerable to disasters.] Accreditation programs for 
29county and local emergency management programs, 
30Commonwealth emergency management certification programs 

1and qualification standards for appointed emergency 
2management coordinators.

3(x) Recommendations for zoning, building and other
4land-use controls; safety measures pertaining to
5nonpermanent or semipermanent structures; resource
6conservation and allocation; and other preventive and
7preparedness measures designed to eliminate or reduce
8disasters or their impact.

9(xi) Authorization and procedures for the erection
10or other construction of temporary works designed to
11protect against or mitigate danger, damage or loss from
12flood, conflagration or other disaster in coordination 
13with the Department of Environmental Protection.

14(1.1) Maintain and keep current the State emergency
15operations plan, the State hazard mitigation plan and other
16related and supporting plans as necessary or required by
17Federal or State law or regulation.

18(2) [To establish] Establish, equip and staff [a
19Commonwealth and area emergency operations center]
20Commonwealth emergency operation centers with a consolidated
21Statewide system of warning and provide a system of disaster
22communications integrated with those of Federal[,
23Commonwealth and local] agencies, Commonwealth agencies, 
24regional task forces and political subdivisions involved in
25disaster emergency operations.

26(3) [To promulgate] Promulgate, adopt and enforce such
27rules, regulations, standards, directives and orders as may
28be deemed necessary to carry out the provisions of this part.

29(4) [To provide] Provide technical guidance, advice and
30assistance to Commonwealth agencies, [political subdivisions,

1schools and custodial child care facilities] regional task 
2forces, county emergency management programs, local emergency 
3management programs, school districts and dependent care 
4facilities in the preparation of [disaster] emergency
5[management] plans or components thereof [and to periodically
6review such plans and suggest or require revisions].

7(5) [To establish] Establish and operate, or assist
8[political subdivisions] county emergency management 
9programs, local emergency management programs and regional 
10task forces in establishing and operating, training programs
11and programs of public information.

12(6) [To supply] Supply appropriate Commonwealth [and
13local agencies and officials] agencies, county emergency 
14management programs, local emergency management programs and
15the general public with precautionary notices, watches and
16warnings relating to actual and potential disasters and [to]
17provide a flow of official information and instructions to
18the general public through all means available before, during
19and after an emergency. The agency shall [implement] maintain
20a program of integrated flood warning systems among political
21subdivisions[. The agency shall] and establish coordinated
22flood notification and early warning systems along prescribed
23major river basins and selected tributaries thereof in this
24Commonwealth.

25(7) [To provide] Provide emergency direction and
26[control] coordination of Commonwealth [and local] emergency
27operations[.] by overseeing the identification and commitment 
28of all Commonwealth personnel, equipment and resources 
29through the use of an incident command system. The tactical 
30and operational control of the resources of a Commonwealth 

1agency shall remain with that respective agency.

2(8) [To determine] Determine the need for, maintain
3information regarding and procure materials, supplies,
4equipment, facilities and services necessary for [disaster
5emergency readiness, response and recovery] preparedness and 
6emergency management.

7(9) [To make] Make or request of Commonwealth [or local
8agencies and officials] agencies, county emergency management 
9programs, local emergency management programs or regional 
10task forces, studies, surveys and reports as are necessary to
11carry out the purposes of this part.

12(10) [To plan] Plan and make arrangements for the
13availability and use of any private facilities, services and
14property and, if necessary and if in fact used, provide for
15payment for use under terms and conditions agreed upon.

16(11) [To prepare] Prepare, for issuance by the Governor,
17executive orders, proclamations and regulations as necessary
18or appropriate in coping with disasters.

19(12) [To cooperate] Cooperate with the Federal
20Government and any public or private agency or entity in
21achieving any purpose of this part and in implementing
22programs for [disaster prevention, preparation, response and
23recovery] preparedness and emergency management.

24(13) [To administer] Administer grant programs [to
25political subdivisions for disaster management] and provide 
26grants and other funding assistance subject to availability 
27of appropriated funds, in coordination with other 
28Commonwealth agencies as designated by the Governor.

29(14) [To accept] Accept and coordinate assistance
30provided by Federal agencies in major disasters or

1emergencies in accordance with the provisions of [The Robert
2T. Stafford Disaster Relief and Emergency Assistance Act
3(Public Law 93-288, 42 U.S.C. § 5121 et seq.), or any
4amendment or reenactment thereof.] the Stafford Act.

5(15) [To] In conjunction with the Department of 
6Environmental Protection, respond to [disaster] disasters
7relating to [atomic] nuclear or radiological energy
8operations or radioactive objects or materials. Any such
9action taken and any regulations adopted by the [office]
10agency shall be inapplicable to any objects or materials
11possessing a radiation-producing capacity less than that set
12forth as the maximum safety limit by the standards endorsed
13and as may be subsequently endorsed by the United States
14Nuclear Regulatory Commission or the Environmental Protection 
15Agency for the protection of life and property and the
16maintenance of health and safety.

17(16) [To take] Take other action necessary, incidental
18or appropriate for the implementation of this part.

19(17) [To report] Report annually to the Governor and the
20General Assembly the state of preparedness of the
21Commonwealth to deal with [attack or] disaster and those
22significant events occurring within the past year.

23(17.1) Report semiannually to the Governor and the
24chairman and minority chairman of the Appropriations
25Committee of the Senate and the chairman and minority
26chairman of the Appropriations Committee of the House of
27Representatives regarding all grants awarded by the agency
28from Federal disaster assistance or relief funds, homeland
29security and defense funds, avian flu/pandemic preparedness
30or other public health emergency funds. The reports shall

1include information relating to the entity receiving grant
2money from the agency, including the name and address of the
3entity, the amount of the grant, the date of issuance and the
4purpose of the grant. Reports shall be submitted on or before
5August 15 of each year for grants awarded during the period
6from January 1 through June 30 and on or before February 15
7of each year for grants awarded during the period from July 1
8through December 31.

9(18) [To recommend] Recommend to the Governor
10legislation or other actions as deemed necessary in
11connection with the purposes of this part.

12[(19) To provide, from its own stockpiles or other
13sources, emergency operational equipment, materials and
14supplies required and available for essential supplementation
15of those owned, acquired and used by Commonwealth, county and
16local departments and agencies for attack and disaster
17operations. The agency shall establish two regional emergency
18supply warehouses. One shall be located in the western part
19of this Commonwealth, and one shall be located in the eastern
20part of this Commonwealth.]

21(20) For the period during which an emergency is
22declared by the Governor, [to] incur obligations for or
23purchase such materials and supplies as may be necessary to
24combat a disaster, protect the health and safety of persons
25and property and provide emergency assistance to victims of a
26disaster without complying with formal bidding or other time-
27consuming contract procedures.

28(21) [To require] Require hydroelectric generating
29facilities and dam operators to [do all of the following:

30(i) Provide minimum competency testing for their

1operators.

2(ii) Submit plans for flood notification and
3warning.] submit plans for flood notification and warning 
4and provide inundation maps in accordance with direction 
5from the Department of Environmental Protection.

6(22) Establish policies and procedures to coordinate and
7implement all search and rescue activities with the Federal
8Government, other states, other Commonwealth agencies and
9political subdivisions. The agency may dispatch authorized
10personnel and specialized equipment to disaster emergency or
11training sites within or outside this Commonwealth for search
12and rescue, training and other emergency response purposes.
13The agency may immediately dispatch those personnel and
14equipment to a disaster site without regard to procedures and
15formalities prescribed by law, except for constitutional
16requirements, pertaining to the performance of public work,
17entering into contracts, the incurring of obligations, the
18employment of temporary workers, the rental or purchase of
19supplies, material, equipment and other related activities.

20(23) Maintain an integrated communications capability
21designed to allow all public safety answering points, county
22dispatch centers and first responders to communicate with the
23State emergency operations center and to facilitate Next
24Generation 911 implementation.

25(24) Establish and maintain a Statewide incident
26reporting system and methodology for all-hazards information.
27All Commonwealth agencies, county emergency management
28programs, county 911 centers and other entities required to
29provide all-hazards information to the agency under this part
30and other State law shall contribute all-hazards information

1to the system.

2(25) Assist with the implementation of the National
3Infrastructure Protection Plan and the Commonwealth Critical
4Infrastructure Preparedness Plan in coordination with other
5Commonwealth agencies as designated by the Governor.

6(26) Conduct all-hazards exercises, as appropriate.

7§ 7314. Utilization of existing services and facilities.

8In order to avoid duplication of services and facilities, the
9agency shall utilize the services and facilities of existing
10officers, offices, departments, commissions, boards, bureaus,
11institutions and other agencies of the Commonwealth and of the
12political subdivisions thereof. These officers and agencies
13shall cooperate with and extend their services and facilities to
14the agency as requested and consistent with other operational 
15requirements of that agency.

16§ 7320. Radiological emergency [response preparedness, planning
17and recovery] preparedness and management program.

18(a) Establishment of program.--In addition to the powers and
19duties of the agency set forth in section 7313 (relating to
20powers and duties), the agency shall develop, establish and
21maintain, in consultation with the Department of Environmental 
22Protection, a standardized, Statewide radiological emergency
23[response preparedness, planning and recovery] preparedness and 
24management program consistent with the Commonwealth's [Emergency
25Management Plan] emergency management program and [in
26accordance] consistent with other applicable Federal regulations
27and State laws for each nuclear generating facility that has
28received an operating license from the Nuclear Regulatory
29Commission.

30(b) Agency functions.--The specific functions of the agency

1under the radiological emergency [response preparedness,
2planning and recovery] preparedness and management program shall
3include, but not be limited to:

4(1) Serving as the point of contact for the coordination 
5and management of the Statewide response and provide for
6interface between the affected [facilities] counties and
7other Commonwealth agencies [and departments, counties,
8municipalities], Federal agencies, regional task forces, 
9political subdivisions and school districts.

10(2) [Annual] Overseeing the annual review and revision,
11as necessary, of the risk county and support county
12radiological emergency response plans to ensure that they are
13consistent with the [Commonwealth's] State Emergency
14[Management] Operations Plan.

15(3) Participation in required exercises, including
16emergency communication drills and tests[, as based upon
17mutually agreed schedules and parameters].

18(4) Participation in the Federal full participation
19exercises scheduled for commercial nuclear [generation] power
20stations.

21(5) Review and revision, as necessary, of [Annex E,
22"Radiological Emergency Response to Nuclear Power Plant
23Incidents," of the Commonwealth's Emergency Management Plan]
24the Commonwealth's nuclear/radiological incident plan, and
25support of the annual review by the Department of 
26Environmental Protection of the onsite emergency response
27plan of each [utility] nuclear power plant licensee to ensure
28that it is consistent with the [annex] plan.

29(6) [Seeking formal Federal review and approval of the
30Commonwealth's Annex E to its Emergency Management Plan and

1the county, municipal and other plans in accordance with 44 
2CFR Part 350 (relating to review and approval of state and
3local radiological emergency plans and preparedness). Once
4Federal approval is obtained for the plans, the agency shall
5seek to maintain that approval status.] (Reserved).

6(7) Annual review of municipal and school district
7radiological emergency response plans in conjunction with the
8respective county emergency management [agencies to ensure
9that they are consistent with the applicable county
10radiological emergency response plans] program.

11(8) [Assisting in] Overseeing the update of lesson plans
12used by each [utility] nuclear power plant licensee for
13county, municipal, school and volunteer agency offsite
14training purposes [and, to the extent necessary to obtain
15Federal approval, participation in this training effort] with 
16the objective to standardize training material to the extent 
17possible to support sharing of resources between Offsite 
18Response Organizations.

19(9) [Annual review of] Review of design changes to the
20[Alert Notification System Report] alert and notification 
21system for each commercial nuclear [generating] power station
22[to ensure that current information from the State and county
23plans are included in the report] and assist in the
24coordination of siren or other emergency communication tests
25with each [utility] nuclear power plant licensee, the
26appropriate counties and adjacent states.

27(10) Coordinating the review and update of emergency
28information brochures with the respective counties and
29[utilities] nuclear power plant licensees.

30(11) Participation with each [utility] nuclear power 

1plant licensee in planning and program meetings scheduled
2with [counties, municipalities] political subdivisions, 
3dependent care facilities and school districts.

4(12) Developing planning and preparedness procedures for
5emergency response within the ingestion exposure pathway
6emergency planning zone.

7(13) Providing a qualified [press secretary] public 
8information officer or designee to participate in the
9operation of a joint information center upon its activation
10by a [utility] nuclear power plant licensee.

11(14) Performing actions necessary to satisfy the
12Commonwealth's responsibilities relative to Federal guidance
13memoranda.

14(15) Providing reasonable assistance and support
15requested by a [utility] nuclear power plant licensee from
16time to time in connection with the [utility] nuclear power 
17plant licensee obtaining or maintaining, or both, an
18emergency plan acceptable to Federal regulatory entities
19having jurisdiction over the [utility] nuclear power plant 
20licensee.

21(16) Providing other reasonable assistance and support
22requested by [utilities] nuclear power plant licensees from
23time to time.

24(17) Providing guidance to [State, county and municipal
25elected officials, departments and agencies and school
26districts in order] Commonwealth agencies, political 
27subdivisions, school districts and dependent care facilities
28to ensure compliance with this section and all other
29applicable Federal and State radiation protection safety
30laws.

1(18) [Providing] Coordinating redundant communications'
2capability between the agency's headquarters and each
3[generating] commercial nuclear power station in this
4Commonwealth sufficient to meet Federal and State regulatory
5requirements.

6(c) Establishment of fund.--[There is hereby created in the
7General Fund a] A nonlapsing restricted receipt account to be
8known as the Radiological Emergency Response Planning and
9Preparedness Program Fund is established in the General Fund.
10[Fees received under subsection (d) shall be deposited in this
11fund.] Moneys in the fund are hereby appropriated to the agency
12to carry out its responsibilities under subsections (a) and (b).

13§ 7501. General authority of [political subdivisions] county 
14and local emergency management programs.

15(a) Establishing emergency management [organization]
16programs.--[Each political subdivision of this Commonwealth is
17directed and authorized to establish a local emergency
18management organization in accordance with the plan and program
19of the Pennsylvania Emergency Management Agency. Each local
20organization shall have responsibility for emergency management,
21response and recovery within the territorial limits of the
22political subdivision within which it is organized] No later 
23than two years from the effective date of Chapter 79 (relating 
24to public health emergency measures), a political subdivision 
25shall establish an emergency management program consistent with 
26the Commonwealth emergency management program within its 
27jurisdictional limits as required by the agency and, in
28addition, shall conduct such services outside of its
29jurisdictional limits as may be required under this part.

30(b) Declaration of local disaster emergency.--

1(1) A local disaster emergency may be declared by
2official action of the governing body of a political
3subdivision upon finding a disaster emergency has occurred or
4is imminent. The governing body of a political subdivision
5may authorize the [mayor or other] chief elected executive
6officer to declare a local disaster emergency subject to
7ratification by official action of the governing body.

8(2) The [declaration] declared disaster emergency shall 
9be issued by executive order or proclamation and shall 
10continue until the governing body or the chief elected 
11executive officer, as the case may be, finds that the threat 
12or danger has passed or the disaster has been dealt with to 
13the extent that emergency conditions no longer exist.

14(3) A declared disaster emergency shall not [be
15continued] continue or be renewed for a period in excess of
16[seven] 30 days except by [or with the consent] official 
17action of the governing body of the political subdivision.

18(4) All executive orders or proclamations issued under
19this subsection shall indicate the nature of the disaster
20emergency, the area or areas threatened and the conditions
21which have brought the disaster emergency about or which make
22possible termination of the declared disaster emergency.

23(5) Any order or proclamation declaring, continuing or
24terminating a [local] county disaster emergency shall be
25given prompt and general publicity and shall be filed
26promptly with the agency.

27(6) Any order or proclamation declaring, continuing or
28terminating a municipal disaster emergency shall be given
29prompt and general publicity and shall be filed promptly with
30the agency through the appropriate county emergency

1management program.

2(7)  The effect of a declaration of a local disaster
3emergency is to activate the response and recovery aspects of
4any and all applicable local emergency [management] plans and
5to authorize the furnishing of aid and assistance thereunder.

6(c) Contracts and obligations.--In carrying out the
7provisions of this part, each political subdivision shall have
8the power to enter into contracts and incur obligations
9necessary to manage the disaster emergency [management, response
10and recovery].

11(d) Temporary suspension of formal requirements.--Each
12political subdivision included in a declaration of disaster
13emergency declared by either the Governor or the governing body
14or chief executive elected officer of the political subdivision
15affected by the disaster emergency is authorized to exercise the
16powers vested under this section in the light of the exigencies
17of the emergency situation without regard to time-consuming
18procedures and formalities prescribed by law [(excepting
19[mandatory constitutional requirements)], excepting 
20constitutional requirements, pertaining to the performance of
21public work, entering into contracts, the incurring of
22obligations, the employment of temporary workers, the rental of
23equipment, the purchase of supplies and materials, the levying
24of taxes and the appropriation and expenditure of public funds.

25(e) Employment of personnel.--In order to meet prescribed
26requirements for eligibility to receive Federal contributions
27authorized under the provisions of the Federal Civil Defense Act
28of 1950 (64 Stat. 1245, 50 U.S.C. App. § 2251 et seq.) or any
29amendment or reenactment thereof, political subdivisions are
30authorized to avail themselves of services offered by the State

1Civil Service Commission under the provisions of the act of
2August 5, 1941 (P.L.752, No.286), known as the ["]Civil Service
3Act,["] in connection with the employment of personnel in [local
4organizations] a county emergency management program or a local 
5emergency management program established pursuant to the
6provisions of this part.

7(f) Intergovernmental cooperation.--Notwithstanding the
8provisions of 53 Pa.C.S. § 2302 (relating to definitions), two
9or more municipalities may jointly cooperate in the
10establishment of a local emergency management program through
11the organization or enactment of a council of governments, a
12letter of agreement or other governing structure in conformance
13with the provisions of 53 Pa.C.S. Ch. 23 Subch. A (relating to
14intergovernmental cooperation) and in conformance with standards
15established by the agency.

16§ 7502. [Local coordinator of emergency management] County and 
17local emergency management coordinators.

18(a) General rule.--[Each local organization of emergency
19management shall have] Each county emergency management program 
20and each local emergency management program shall appoint a
21coordinator who shall be responsible for the planning,
22administration and operation of the [local organization]
23respective emergency management program subject to the direction
24and control of the chief elected executive officer [or] and
25governing body. The duties of and continuing education and 
26certification standards for a coordinator shall be prescribed by 
27the agency. In addition to the qualifications under this 
28section, the agency shall prescribe other qualifications for the 
29appointment of coordinators as it deems necessary.

30(b) County coordinator.--[A coordinator shall be appointed

1in all counties with approval of the director of the agency. The
2executive officer or governing body of the county shall
3recommend a coordinator whose recommendation must be endorsed by
4the director of the agency prior to appointment by the Governor.
5Upon failure of the executive officer or governing body of the
6county to make a recommendation of a person for coordinator
7within the time fixed by the agency, the Governor is authorized
8to appoint a coordinator based upon the recommendation of the
9director of the agency.]

10(1) The chief elected executive officer of each county 
11shall recommend the appointment of a coordinator of the 
12county emergency management program to the director, within 
1390 days of a vacancy and a coordinator shall only be 
14appointed with the approval of the director.

15(2) A temporary or acting coordinator shall be appointed
16by the chief elected executive officer, and the agency shall
17be notified of the appointment within 24 hours of a vacancy.
18At no time shall the coordinator position remain vacant for
19more than 24 hours.

20(3)  The coordinator [of the county organization] shall
21not be assigned any duties that will [conflict] interfere
22with [his duty] the duties as coordinator.

23(c) [Local level.--At the local level, the coordinator shall
24be appointed by the Governor upon the recommendation of the
25executive officer or governing body of the political
26subdivision. Upon the failure of the executive officer or
27governing body of a political subdivision to make a
28recommendation to the Governor of a candidate for coordinator
29within the time fixed by the agency, the Governor is authorized
30to appoint a coordinator without any recommendation. A candidate

1for coordinator for two or more political subdivisions may be
2recommended to the Governor for appointment upon agreement by
3resolution of the governing bodies of such political
4subdivisions. Any other law notwithstanding, a local government
5official may be recommended for appointment.] Local 
6coordinators.--

7(1) The chief elected executive officer of a
8municipality with a local emergency management program shall
9appoint a coordinator and provide written notice to the
10county where the local emergency management program is
11located within 30 days following his appointment.

12(2) A temporary or acting coordinator shall be appointed
13by the chief elected executive officer and the county shall
14be notified of the appointment within 24 hours of a vacancy.
15At no time shall the coordinator position remain vacant for
16more than 24 hours.

17(3) Notwithstanding any other provision of law, a local
18government official may be appointed as a coordinator under
19this subsection, provided that the official complies with the
20qualifications for appointment prescribed by the agency as
21contained in this section.

22(d) Qualifications and removal.--[The]

23(1) A coordinator shall be professionally competent and
24capable of planning, effecting coordination among operating
25agencies of government and controlling coordinated operations
26by local emergency preparedness forces.

27(2) (i) A coordinator may be removed for incompetence, 
28dishonesty or commitment of an offense involving moral 
29turpitude under Federal, State or local laws or 
30ordinances.

1(ii) The agency, or appointing entity, may remove a 
2county or local coordinator who fails to comply with the 
3continuing education and certification requirements 
4prescribed by the agency.

5(e) In-service training.--Each coordinator appointed
6[coordinator] under this section shall:

7(1) [Attend and successfully complete the first phase of
8the career development program as prescribed by the agency
9within one year after appointment.] Successfully complete the 
10basic certification program of the agency no later than one 
11year after appointment.

12(2) [Attend and successfully complete the second phase
13of the career development program as prescribed by the agency
14within three years after appointment.] Successfully complete 
15the advanced certification program of the agency no later 
16than three years after appointment.

17(3) Attend basic and advanced seminars, workshops and
18training conferences [called] required by the [State director
19and/or official having responsibility for providing the
20coordinator with in-service training] agency.

21(4) Meet the training, continuing education,
22certification and qualification requirements prescribed by
23and within the time frames established by the agency.

24[Failure to attend the instruction described in this subsection
25or failure to attend a prescribed training conference for a
26period of two consecutive years shall be cause for replacement.
27The State Director of Emergency Management may grant credit
28toward meeting the requirements of this subsection to appointed
29local coordinators on the basis of prior experience and
30training.]

1(e.1) Credit.--At the discretion of the director, a 
2coordinator may receive credit toward meeting the requirements 
3of subsection (e) on the basis of prior experience and training 
4of the coordinator.

5(f) Responsibility for training.--Responsibility for the
6professional in-service training of each coordinator rests with
7each successive higher [political subdivision] emergency 
8management program than the one in which the coordinator is
9functioning.

10(g) Expenses.--[Each appointed] The county, municipality or 
11council of governments served by the coordinator shall reimburse 
12the coordinator [shall be reimbursed] for actual expenses
13incurred in the performance of his duties and attendance at
14scheduled meetings, exercises and required training.

15§ 7503. Powers and duties of [political subdivisions] county 
16and local emergency management programs.

17(a) General rule.--Each [political subdivision shall, either
18individually or pursuant to the provisions of the act of July 
1912, 1972 (P.L.762, No.180), referred to as the Intergovernmental
20Cooperation Law, adopt an Intergovernmental Cooperation
21agreement with other political subdivisions to:] county 
22emergency management program and each local emergency management 
23program shall:

24(1) Prepare, maintain and keep current [a disaster], as 
25specified by the agency, emergency management [plan for the
26prevention and minimization of injury and damage caused by
27disaster, prompt and effective response to disaster and
28disaster emergency relief and recovery in consonance with the
29Pennsylvania Emergency Management Plan] plans.

30(2) Establish, equip and staff an emergency operations

1center, consolidated with warning and communication systems
2to support government operations in emergencies and provide
3other essential facilities and equipment for agencies and
4activities assigned emergency functions in accordance with 
5agency directives.

6(3) Provide individual and organizational training
7programs to [insure] ensure prompt, efficient and effective
8disaster emergency services.

9(4) Organize, prepare and coordinate all locally
10available manpower, materials, supplies, equipment,
11facilities and services necessary for response to disaster
12[emergency readiness, response and recovery] emergencies.

13(5) Adopt and implement precautionary measures to
14mitigate the anticipated effects of disaster.

15(6) Execute and enforce such rules and orders as the
16agency shall adopt and promulgate under the authority of this
17part.

18(7) Cooperate and coordinate with any public [and] or
19private agency or entity in achieving any purpose of this
20part.

21(8) Have available for inspection at its emergency
22operations center all emergency management plans, rules and
23orders of the Governor and the agency.

24(9) Provide prompt and accurate information regarding
25local disaster emergencies to appropriate Commonwealth and
26local officials and agencies and the general public.

27(10) Participate in [all] tests, drills and exercises,
28including remedial drills and exercises, scheduled by the
29agency or by the Federal Government.

30(11) Participate in the program of integrated flood

1warning systems under section 7313(6) (relating to powers and
2duties).

3(b) County emergency management program.--A county shall
4develop, maintain and manage its emergency management program
5and capabilities as prescribed by the agency. The program shall
6include the following:

7(1) Coordinating resource management to ensure that
8county and appropriate municipal resources are properly
9organized, trained and equipped and have adequate plans to
10safely and effectively accomplish assigned missions.

11(2) Maintaining a countywide listing of county and
12municipal resources.

13(3) Providing updated resource management information to
14the agency upon request.

15(4) Implementing and coordinating the county's National
16Incident Management System compliance activities.

17(5) Monitoring progress by municipalities within the
18county in National Incident Management System implementation
19and providing assistance where feasible.

20(6) Following reporting protocols established by the
21agency.

22(7) Developing and implementing county plans, policies
23and procedures that are current with Commonwealth strategies,
24requirements, plans and templates.

25(8) Preparing and maintaining a county hazard
26vulnerability analysis that incorporates all municipal
27hazards.

28(9) Coordinating and monitoring planning activities by
29municipalities within the county and providing assistance
30where feasible.

1(10) Providing training to staff of local emergency
2management programs and municipalities within the county.

3(11) Maintaining training records for coordinators of
4local emergency management programs within the county.

5(12) Submitting certification documentation to the
6agency for county staff and staff of municipalities within
7the county.

8(13) Coordinating emergency communications by doing the
9following:

10(i) Encouraging optimal communication and
11coordination between the local emergency management
12programs within the county and local 911 centers in
13accordance with applicable State law.

14(ii) Establishing and managing a county emergency
15operations center using the National Incident Management
16System.

17(iii) Coordinating and cooperating with local
18emergency management programs within the county and other
19relevant organizations and entities for interoperable
20emergency communications.

21(14) Participating in continuity of county government
22and continuity of county operations planning and ensuring
23that county planning is consistent with Statewide and
24regional plans.

25(15) Developing, maintaining and executing an exercise
26and evaluation program in accordance with agency directives
27and the Federal Homeland Security Exercise and Evaluation
28Program or its successor program.

29(16) Participating in planning for continuity of
30municipal government and continuity of municipal operations

1and providing assistance where feasible.

2(17) Coordinating the delivery of citizen education
3programs and supplementing materials as necessary.

4(18) Coordinating the delivery of awareness and
5education programs for county and municipal elected officials
6on preparedness and emergency management topics.

7(19) Participating in regional task force activities as
8appropriate.

9(20) Supporting the implementation of the Commonwealth
10Critical Infrastructure Protection Program and the National
11Infrastructure Protection Plan.

12(21) Seeking and promoting opportunities to improve the
13efficiency of emergency preparedness and response through
14regionalization of services as appropriate.

15(22) Advising county officials in matters related to
16disaster preparedness and response.

17(23) Reviewing and accepting emergency action plans and
18emergency operations plans developed by municipalities,
19dependent care facilities and other entities located within
20the county that are required by law or regulation to develop
21and maintain an emergency plan. The coordinator shall provide
22an annual report to the agency on or before March 1 of each
23year describing the status of the plans reviewed under this
24paragraph.

25(24) Coordinating the development and maintenance of a
26countywide animal rescue capability consistent with standards
27and guidelines established by the agency in conjunction with
28the Department of Agriculture and the Pennsylvania State
29Animal Response Team. The coordinator shall engage a county
30animal response team, if one exists, in planning activities.

1(c) Local emergency management program.--A municipality
2required to establish a local emergency management program under
3section 7501 (relating to general authority of county and local
4emergency management programs) shall develop, maintain and
5manage programs and capabilities as prescribed by the agency
6that shall include, but not be limited to, the following:

7(1) Coordinating resource management to ensure that
8appropriate municipal resources are properly organized,
9trained and equipped and have adequate plans to safely and
10effectively accomplish the assigned missions.

11(2) Maintaining a current list of municipal resources.

12(3) Providing updated resource management information to
13the county emergency management program where the
14municipality is located and to the county 911 center upon
15request.

16(4) Coordinating the municipality's National Incident
17Management System compliance activities.

18(5) Following reporting protocols established by the
19county emergency management program where the county 911
20centers and the municipality are located.

21(6) Developing and implementing municipal plans,
22policies and procedures in consultation with law enforcement, 
23fire and emergency personnel and medical service providers
24that are consistent with Commonwealth and county strategies,
25requirements, plans and templates.

26(7) Preparing and maintaining a municipal hazard
27vulnerability analysis.

28(8) Providing training for staff of the local emergency
29management program and maintaining training records and
30certification documentation.

1(9) Coordinating emergency communications by doing the
2following:

3(i) Establishing and managing a municipal emergency
4operations center in compliance with the National
5Incident Management System.

6(ii) Coordinating and cooperating with the county
7emergency management program where the municipality is
8located and other relevant organizations and entities for
9interoperable emergency communications.

10(10) Participating in continuity of municipal government
11and continuity of municipal operations planning.

12(11) Coordinating the delivery of citizen education
13programs by the municipality and supplementing materials as
14necessary.

15(12) Coordinating the delivery of awareness and
16education programs by the municipality for municipal elected
17officials for preparedness and emergency management topics.

18(13) Participating in county and, as appropriate,
19regional emergency preparedness task force activities.

20(14) Supporting the implementation of the National
21Infrastructure Protection Plan and the Commonwealth Critical
22Infrastructure Preparedness Plan.

23(15) Seeking and promoting opportunities to improve the
24efficiency of preparedness and emergency management through
25regionalization of services as appropriate.

26(16) Advising municipal officials in matters related to
27disaster preparedness and emergency management.

28(17) Reviewing and accepting emergency management plans
29and programs developed by school districts, dependent care
30facilities and other entities located within the municipality

1that are required by law or the Commonwealth to develop and
2maintain preparedness and emergency management capabilities.
3The coordinator shall provide an annual report to the
4coordinator of the county emergency management program where
5the municipality is located on or before September 1 of each
6year describing the status of the plans reviewed under this
7paragraph.

8§ 7504. Coordination[,] and assistance [and mutual aid].

9(a) Responsibility for direction and coordination.--
10Direction of disaster emergency management services is the
11responsibility of the lowest level of government affected. When
12two or more political subdivisions within a county are affected,
13the county organization shall exercise responsibility for
14coordination and support to the area of operations. When two or
15more counties are involved, coordination shall be provided by
16the agency or by area organizations established by the agency.

17(b) Assistance from higher government unit.--When all
18appropriate locally available forces and resources are fully
19committed by the affected political subdivision, assistance from
20a higher level of government shall be provided. Regional task 
21forces may assist in the coordination efforts.

22[(c) Municipal mutual aid agreements.--County and local
23coordinators of emergency management shall develop mutual aid
24agreements with adjacent political subdivisions for reciprocal
25emergency assistance. The agreements shall be consistent with
26the plans and programs of the agency. In disaster emergencies,
27requests for mutual aid assistance shall be referred to the
28organization having responsibility for coordination as specified
29in subsection (a) and in time of emergency it shall be the duty
30of each local organization to render assistance in accordance

1with the provisions of the mutual aid agreements.

2(d) Interstate mutual aid arrangements.--The coordinator of
3each local organization may, subject to approval of the
4Governor, enter into mutual aid arrangements with similar
5agencies or organizations in other states for reciprocal
6disaster emergency services.

7(e) Ratification of agreements.--Mutual aid agreements shall
8be ratified by the governing bodies of the political
9subdivisions involved.

10(f) Control of outside support forces.--Support forces
11furnished political subdivisions from outside its jurisdiction
12shall be under the operational control of the department, agency
13or office furnishing the force.]

14§ 7511. Appropriations by political subdivisions.

15(a) [General rule.--Every political subdivision shall have
16the power to] Power.--

17(1) A political subdivision may make appropriations for
18the payment of expenses [of the local organization] for 
19preparedness and emergency management activities in the
20manner provided by law for making appropriations for the
21ordinary expenses of the political subdivision.

22(2) In making appropriations, the political subdivision
23shall specify the amounts and purposes for which the moneys
24appropriated may be used by the organization to or for which
25such appropriation may be made.

26(b) Two or more local [organizations] emergency management 
27programs or county emergency management programs.--

28(1) Nothing in this subchapter or any other provision of
29this part shall be deemed to limit the power of any political
30subdivision to appropriate money for the purpose of paying

1the expenses of a local [organization] emergency management 
2program or a county emergency management program having
3jurisdiction both within and without the political
4subdivision even though an appropriation has been or is to be
5made to another local [organization] emergency management 
6program or another county emergency management program
7coterminous with or having jurisdiction within the political
8subdivision.

9(2) Payments on account of an appropriation under this
10subsection shall be made pursuant to an agreement under
11section 7513 (relating to agreements among political
12subdivisions) or in the form of a gift or grant to the
13political subdivision responsible in the first instance for
14the payment of bills and claims against the local
15[organization] emergency management program or the county 
16emergency management program, as the case may be, for the
17payment of the expenses for which the appropriation was made.

18§ 7512. Law applicable to local [organizations] emergency 
19management programs and county emergency management 
20programs.

21[(a) General rule.--]Where the jurisdiction of the local
22[organization] emergency management program or the county 
23emergency management program is coterminous with the political
24subdivision making an appropriation for the payment of the
25expenses, the local [organization] emergency management program 
26or the county emergency management program, as the case may be,
27shall be deemed an agency, board or commission of the political
28subdivision, subject to all of the laws governing the making of
29contracts or purchases, the employment of persons or otherwise
30incurring financial obligations which apply to the political

1subdivision.

2[(b) Second class townships.--No purchase or purchases shall
3be made, no contract entered into and no expenses incurred by
4any local organization which involves the payment of more than
5$25 out of the treasury of any second class township unless the
6proposed expenditure has been approved in writing by the
7township supervisors. If any purchase or contract is made or
8other expenses incurred contrary to the provisions of this
9subsection, the township shall not be responsible for the
10payment thereof but the person acting for the local organization
11in the transaction shall be personally liable for the payment.]

12§ 7513. Agreements among political subdivisions.

13(a) [General rule.--] Duty to enter into agreements.--

14(1) Where a local [organization] emergency management 
15program or a county emergency management program has
16jurisdiction in an area including all or parts of more than
17one political subdivision which does not include the whole
18area of any county, the political subdivisions, all or part
19of which lie within the jurisdiction of the [organization] 
20local emergency management program or the county emergency 
21management program, as the case may be, shall, before paying
22any expenses of the [organization] local emergency management 
23program or the county emergency management program, enter
24into an agreement designating one of the political
25subdivisions as the agent of each of them for the purpose of
26paying the expenses of the local [organization.] emergency 
27management program or the county emergency management 
28program.

29(2) The agreement shall [also set forth]:

30(i) Specify the proportionate share of the expenses

1of the [organization] local emergency management program 
2or the county emergency management program, as the case 
3may be, to be paid by each political subdivision party to
4the agreement and an estimate of the amount required to
5be appropriated by each of them for the purpose of paying
6the expenses. [The agreement shall be effective]

7(ii) Take effect when approved by [the corporate
8authorities of each of the political subdivisions by a
9majority vote and each of the subdivisions shall
10thereupon] official action of the governing body of each 
11of the political subdivisions and each of the political 
12subdivisions shall then make an appropriation pursuant to
13section 7511 (relating to appropriations by political
14subdivisions) sufficient to pay its share of the expenses
15of the [organization] local emergency management program 
16or the county emergency management program, as the case 
17may be.

18(b) Counties.--Where the local [organization] emergency 
19management program or the county emergency management program
20has jurisdiction in an area including the whole area of one or
21more counties which is not coterminous with any one county,
22before paying any expenses of the [organization] local emergency 
23management program or the county emergency management program, 
24as the case may be, the counties, all or part of which lie
25within the jurisdiction of the [organization] local emergency 
26management program or the county emergency management program,
27shall enter into an agreement in the manner and form provided in
28subsection (a) and with like effect, and no other political
29subdivision lying within the jurisdiction of the [organization] 
30local emergency management program or the county emergency 

1management program, as the case may be, shall be a party to the
2agreement.

3§ 7514. Payments involving one political subdivision.

4(a) [General rule.--] Warrant or order required.--

5(1) All bills or claims to be paid from any
6appropriation made by a political subdivision coterminous
7with the local [organization] emergency management program or 
8the county emergency management program, after first being
9approved by the local [organization] emergency management 
10program or the county emergency management program or an
11appropriate officer thereof designated for that purpose,
12shall be paid from the treasury of the political subdivision
13only upon the warrant or order of the officer or officers of
14the political subdivision designated by law to approve or
15countersign warrants or orders for the payment of the
16ordinary expenses of the political subdivision, and shall be
17subject to audit in the same manner as other financial
18transactions of the political subdivision.

19(2) In each case, the officer or officers shall have the
20same power to approve or disapprove as they have in case of
21warrants for ordinary expenses of the political subdivision,
22and no warrant or order for the payment thereof shall be
23issued without the approval.

24(b) Gift or grant of money.--Any gift or grant of money made
25to the local [organization] emergency management program or the 
26county emergency management program or to the political
27subdivision for the payment of expenses incurred or to be
28incurred by or for the [organization] local emergency management 
29program or the county emergency management program, as the case 
30may be, shall be deposited in the treasury of the political

1subdivision and shall be appropriated by the political
2subdivision for the purpose for which the gift or grant was
3made, and any bills or claims to be paid from the gift or grant
4shall be paid in the manner provided in this subchapter for the
5payment of other bills and claims against the political
6subdivision.

7§ 7515. Payments involving two or more political subdivisions.

8(a) General rule.--Where two or more political subdivisions
9have entered into an agreement as provided by section 7513
10(relating to agreements among political subdivisions), all bills
11and claims for expenses incurred by or for the local
12[organization] emergency management program or the county 
13emergency management program shall thereafter be paid in the
14first instance by the political subdivision named as agent in
15the agreement in the manner provided in section 7514 (relating
16to payments involving one political subdivision) as though the
17organization were coterminous with the political subdivision and
18the [organization] local emergency management program or the 
19county emergency management program, as the case may be, shall
20be subject to all of the laws governing the making of contracts
21or purchases, the employment of persons or otherwise incurring
22financial obligations which apply to the political subdivision.

23(b) Accounting by agent.--The political subdivision
24designated as agent shall, not later than the fifteenth day of
25each month, submit an itemized account of the expenses of the
26organization paid by it during the preceding calendar month to
27each of the other political subdivisions party to the agreement,
28together with a request for reimbursement of the proportionate
29share of expenses agreed to be paid by each of the other
30political subdivisions.

1(c) Reimbursement of agent.--

2(1) Each political subdivision requested to make
3reimbursement shall do so within 30 days after the request
4from the appropriation made for the payment of the expenses
5of the organization [and, in]. In the event [of failure] the 
6political subdivision fails to do so, mandamus shall lie to
7compel the officers of the political subdivision to pay the
8agreed-upon proportionate share of the proper expenses of the
9organization out of the first moneys thereafter in the
10treasury of the political subdivision and not previously
11pledged to any other purpose.

12(2)  No political subdivision may be compelled to pay for
13any one year an amount greater than the amount estimated in
14the agreement as its proportionate share.

15(3) Any payment made by any political subdivision to the
16political subdivision named as agent in the agreement for
17reimbursement for the payment of the expenses of the
18organization shall be credited by the agent political
19subdivision to the appropriation made by it for the payment
20of the expenses of the [organization] local emergency 
21management program or the county emergency management program
22and shall be available for the payment of future expenses of
23the [organization] local emergency management program or the 
24county emergency management program, as the case may be,
25without further appropriation or action by the agent
26political subdivision.

27(d) Gift or grant of money.--

28(1) Any gift or grant of money made to or for the local
29[organization] emergency management program or the county 
30emergency management program, if made to a political

1subdivision, shall be deposited in its treasury and be
2appropriated by it for the purpose for which the gift or
3grant was made and the political subdivision shall notify the
4political subdivision named as agent in the agreement of the
5appropriation and the purpose for which it is available.

6(2)  If the gift or grant of money is made to the
7[organization] local emergency management program or the 
8county emergency management program, it shall be deposited in
9the treasury of the political subdivision named as agent in
10the agreement and shall be appropriated by the political
11subdivision for the purpose for which the gift or grant was
12made.

13(3) Any expenditure made by the agent political
14subdivision from any gift or grant deposited in its treasury
15or reimbursed from any gift or grant deposited in the
16treasury of any other political subdivision shall not be
17included in computing the reimbursement requested from any
18other political subdivision under the agreement.

19Section 6. Chapter 75 of Title 35 is amended by adding a
20subchapter to read:

21SUBCHAPTER C

22REGIONAL ALL-HAZARDS PREPAREDNESS

23AND EMERGENCY MANAGEMENT

24Sec.

257521. Regional task forces.

267522. Specialized regional task force teams.

277523. Urban search and rescue task force.

287524. Specialized Statewide response teams.

297525. Grant program.

307526. Workers' compensation premiums.

1§ 7521. Regional task forces.

2(a) Establishment.--The agency, in coordination with
3Commonwealth agencies as designated by the Governor, county and
4local emergency management programs, health, law enforcement,
5public safety and volunteer organizations and other officials
6and representatives from dedicated emergency response
7organizations, private business and industry, institutions of
8higher education, hospitals and medical care facilities and
9other entities responsible for the health, safety and welfare of
10the citizens of this Commonwealth, shall establish regional task
11forces throughout this Commonwealth.

12(b) Organization.--

13(1) Each regional task force shall be a cooperative
14effort among the counties within the designated region. Each
15regional task force shall be governed by an executive board
16comprised of the county coordinator from each county or other
17county official appointed by the county within the task force
18region.

19(2) Notwithstanding any provision in 53 Pa.C.S. Ch. 23
20(relating to general provisions), the member counties may
21organize their regional task force as a council of
22governments pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating
23to intergovernmental cooperation).

24(3) The regional task force executive board shall
25designate one of its member counties as its agent responsible
26for entering into contracts and administering any funds,
27grants or expenses of the regional task force. The regional
28task force shall be subject to all of the laws governing the
29making of contracts or purchases, the employment of persons
30or otherwise incurring financial obligations, which apply to

1the designated member county.

2(c) Plans.--Each regional task force shall prepare an all-
3hazards emergency operations plan that encompasses the
4comprising counties in accordance with subsection (d) and
5guidelines developed by the agency. The agency shall review and
6accept each plan in a timely manner, but no later than 90 days
7after receipt of the plan by the agency. The task force shall
8review and update the plan triennially and submit it to the
9agency for review.

10(d) Duties of regional task forces.--The duties of a
11regional task force shall include the following:

12(1) To develop and maintain an all-hazards emergency
13operations plan.

14(2) To comply with Federal and State requirements
15regarding National Incident Management System training and
16certification, emergency response equipment typing and
17emergency responder credentialing.

18(3) Consistent with Federal and State guidelines, to
19consider serving as agent, if so appointed by its member
20counties, for county and local coordinators and first
21responders when applying for United States Department of
22Homeland Security, State and related grants.

23(4) To develop, maintain and manage an inventory of
24regional emergency response resources, including emergency
25response vehicles, specialized equipment and certified or
26credentialed personnel, that can be deployed within the
27region served by the task force or elsewhere in response to
28events that threaten life, property, the environment or the
29economy and provide an inventory of the resources on a
30schedule and in a manner prescribed by the agency.

1(5) To attend training and related sessions as directed
2or conducted by the agency.

3(6) To participate in and conduct exercises as required
4by the agency and the Federal Government.

5(7) To participate in and conduct capabilities-based
6planning activities and assessments.

7§ 7522. Specialized regional task force teams.

8(a) Establishment.--A regional task force may establish one
9or more specialized regional response teams and incident
10management teams.

11(b) Organization.--

12(1) Specialized regional task force teams shall be
13organized in accordance with guidelines approved by the
14regional task force executive board and the agency.

15(2) The regional task force must enter into a written
16agreement with each specialized regional task force team that
17it establishes.

18(3) In addition to other terms, the written agreement
19shall stipulate which member county of the regional task
20force is the responsible agent for administering funds,
21grants or expenses of the specialized regional task force
22team.

23(4) A specialized regional task force team shall be
24subject to the laws governing the making of contracts or
25purchases, the employment of persons or otherwise incurring
26financial obligations, which apply to the designated agent
27county.

28(c) Activation and deployment.--A specialized regional task
29force team may be activated and deployed by the Governor or the
30designee of the Governor or an official designated by the

1executive 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
4establish urban search and rescue task forces throughout this
5Commonwealth.

6(b) Organization.--An urban search and rescue task force
7shall be organized in accordance with guidelines developed by
8the agency in coordination with the Federal Emergency Management
9Agency.

10(c) Responsibilities.--An urban search and rescue task force
11shall respond to actual or potential disasters in this
12Commonwealth and shall also perform search and rescue functions
13as delineated in the Stafford Act, the National Response
14Framework and the preparedness and response plans created in
15accordance with the provisions of this chapter.

16(d) Activation and deployment.--

17(1) An urban search and rescue task force may only be
18activated and deployed to the scene of a disaster emergency
19by the President, the Governor, the designee of the Governor
20or an official designated by the Federal Emergency Management
21Agency. During an activation and deployment by the Governor
22or the designee of the Governor, the administrative and
23operational costs of the task force, its individual members
24and their employers, Commonwealth agencies and other parties
25shall be paid by the Commonwealth.

26(2) A component or subgroup of an urban search and
27rescue task force may only be activated and deployed by the
28agency, a county included in the task force that is a
29component or subgroup or the task force itself. During the
30activation and deployment, the administrative and operational

1costs of the urban search and rescue task force component or
2subgroup, its individual members and their employers shall be
3paid by the deploying entity requesting the activation or
4deployment.

5(e) Funding, grants and donations.--In addition to funds
6that are provided to a task force under section 7525 (relating
7to grant program) or the authority of section 7307.1 (relating
8to use and appropriation of unused Commonwealth funds), the
9urban search and rescue task force may be eligible to receive
10grants, donations of equipment and supplies and other funds from
11any source. As an agent of the Commonwealth, a task force is
12entitled to tax-exempt status from the Federal Government.

13§ 7524. Specialized Statewide response teams.

14(a) Establishment.--Commonwealth agencies may establish one
15or more specialized Statewide response teams.

16(b) Organization and responsibilities.--Specialized
17Statewide response teams shall be organized in accordance with
18guidelines developed by the agency in consultation with
19applicable Federal or Commonwealth agencies. The response teams
20shall provide professional, logistical, material and other forms
21of emergency services and support to the regional task forces,
22counties and specialized regional response teams organized in
23this Commonwealth.

24(c) Activation.--Specialized Statewide response teams may
25only be activated and deployed by the Governor or the designee
26of the Governor.

27§ 7525. Grant program.

28(a) Authorization.--The agency may award grants to regional
29task forces, specialized regional task force teams, specialized
30Statewide response teams and urban search and rescue task forces

1to assist them in carrying out the provisions of this part,
2including, but not limited to, entering into letters of
3agreement or mutual aid agreements or providing mutual aid.

4(b) Grants and funding.--Regional task forces, specialized
5regional task force teams, specialized Statewide response teams
6and urban search and rescue task forces may receive grants and
7funding from the Federal Government and the Commonwealth through
8application to the agency or any other entity providing grants
9or funding for the purposes of this part.

10(c) Limitation.--Grants shall only be made by the agency to
11the extent that funding is available.

12§ 7526. Workers' compensation premiums.

13Nothing in this part shall be construed to permit an insurer
14to raise workers' compensation premiums due to the participation
15or membership of a county, municipality, emergency services
16organization, individual or employer on a task force or response
17team described in this part.

18Section 7. Sections 7701, 7702, 7703, 7704, 7705, 7706 and
197707 of Title 35 are amended to read:

20§ 7701. Duties concerning disaster [prevention] preparedness 
21and emergency management.

22(a) Governor.--In addition to disaster prevention measures
23included in the Commonwealth and local plans, the Governor shall
24consider on a continuing basis steps that could be taken to
25prevent or reduce the harmful consequences of disasters. The
26Governor, from time to time, shall make recommendations to the
27General Assembly, political subdivisions and other appropriate
28public and private entities as may facilitate measures for
29prevention or reduction of the harmful consequences of
30disasters.

1(b) Department of Environmental [Resources] Protection.--The
2Department of Environmental [Resources] Protection, in
3conjunction with the [Pennsylvania Emergency Management Agency,]
4Department of Community and Economic Development, the Department 
5of Transportation and the agency, shall keep land uses, flood 
6plain designations and construction of structures and other
7facilities under continuing study and identify areas which are
8particularly susceptible to severe land shifting, subsidence,
9flood or other catastrophic occurrence. The studies under this
10subsection shall concentrate on means of reducing or avoiding
11the dangers caused by this occurrence or the consequences
12thereof.

13(c) Other Commonwealth agencies.--At the direction of the
14Governor, and pursuant to any other authority and competence
15they have, Commonwealth agencies, including but not limited to
16those charged with economic recovery responsibilities in
17connection with floodplain management, stream encroachment and
18flow regulation, weather modification, fire prevention and
19control, air quality, public works, land use and land-use
20planning, construction standards, public utilities and energy,
21shall make studies of disaster prevention-related matters.

22(d) Schools.--[Public-funded universities, colleges,]
23Institutions of higher education and elementary and secondary
24schools that receive public funds shall be made available to
25[local] municipal, county, regional and [State] Commonwealth
26officials for emergency planning and exercise purposes and
27actual [service as mass-care facilities in the event of an
28emergency evacuation] emergency services.

29(e) Vehicles.--School bus and transportation vehicles owned, 
30contracted for or leased by [universities, colleges]

1institutions of higher education and school districts that 
2receive public funds shall be made available to local, county, 
3regional and [State] Commonwealth officials for emergency
4planning and exercise purposes and actual [service in the event
5of an emergency evacuation] emergency services.

6(f) Disaster response and emergency preparedness [drills]
7exercises.--[Annually, schools and custodial child care
8facilities shall conduct at least one disaster response or
9emergency preparedness plan drill.] Every emergency action plan 
10developed under subsection (g) shall provide for the conduct of 
11at least one disaster exercise annually as specified by the 
12agency. The disaster exercise shall be coordinated with the 
13appropriate emergency management program.

14(g) Plans.--[Every school district and custodial child care
15facility, in cooperation with the local Emergency Management
16Agency and the Pennsylvania Emergency Management Agency, shall
17develop and implement a comprehensive disaster response and
18emergency preparedness plan consistent with the guidelines
19developed by the Pennsylvania Emergency Management Agency and
20other pertinent State requirements. The plan shall be reviewed
21annually and modified as necessary. A copy of the plan shall be
22provided to the county emergency management agency.] Every 
23dependent care facility, including, but not limited to, public 
24school entities, shall develop and be prepared to implement an 
25all-hazards emergency action plan in accordance with standards 
26established by the agency. The plan shall be coordinated with 
27the appropriate county emergency management program, local 
28emergency management program and dedicated emergency response 
29organizations.

30(h) Large event plans.--

1(1) When an event involves the congregation of a large
2number of people so that a disaster emergency could
3potentially overwhelm the resources of the dedicated
4emergency response organizations responsible for the event or
5would be likely to respond in the geographic area where the
6event is to be held, the sponsoring organization of the event
7shall develop an emergency action plan as specified by the
8agency.

9(2) A copy of the plan shall be provided to the county
10and local emergency management program where the event is to
11be held at least 30 days before the event.

12(i) Sharing of information.--

13(1) This subsection applies to any of the following
14public entities that possesses or acquires all-hazards
15information:

16(i) A Commonwealth agency.

17(ii) A court or an entity or office of the Unified
18Judicial 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
23all of the following:

24(i) Promptly share all-hazards information with the
25agency and other Commonwealth agencies in accordance with
26standards and all-hazards information guidance issued and
27the all-hazards information plan developed by the agency
28and consistent with the statutory responsibilities of the
29agencies providing and receiving the information.

30(ii) Cooperate in and facilitate the collection and

1validation of the information and the production of
2reports based on the information with contents and
3formats that permit dissemination that maximizes the
4utility of the information in protecting the territory,
5citizens and interests of this Commonwealth.

6(iii) Facilitate implementation of the all-hazards
7information plan developed by the agency.

8(3) A private entity that becomes aware of all-hazards
9information or threats that may impact the health, safety and
10welfare of the citizens of this Commonwealth shall do all of
11the following:

12(i) Promptly share the information with the agency
13and appropriate law enforcement organizations in
14accordance with all-hazards information standards and
15guidance issued.

16(ii) Cooperate in and facilitate the collection and
17validation of the information and the production of
18reports based on the information.

19(4) Documents, information or other materials received
20by the agency or law enforcement organizations under
21paragraph (3)(i) shall be subject to section 7715 (relating
22to confidentiality) and other Federal or State law protecting
23proprietary information or trade secrets and the release or 
24use of the information.

25§ 7702. Acceptance of services, gifts, grants and loans.

26(a) General rule.--Whenever any person or the Federal
27Government or any Federal agency or officer offers to the
28Commonwealth or, through the Commonwealth, to any political
29subdivision or school district, services, equipment, supplies,
30materials or funds by way of gift, grant or loan for purposes of

1[disaster] emergency services, the Commonwealth, acting through
2the Governor, or the political subdivision or school district,
3acting with the consent of the Governor and through its chief 
4elected executive officer or governing body, may accept the
5offer and upon acceptance the Governor or chief elected
6executive officer or governing body of the political subdivision
7may authorize any officer of the Commonwealth or of the
8political subdivision or school district, as the case may be, to
9receive the services, equipment, supplies, materials or funds on
10behalf of the Commonwealth or political subdivision or school 
11district subject to the terms of the offer and the rules and
12regulations, if any, of the agency or person making the offer.

13[(b) Property of Commonwealth.--All equipment, supplies and
14materials referred to in subsection (a) shall, when accepted by
15the Commonwealth, be treated as the property of the Commonwealth
16and shall be subject to the relevant provisions of the act of
17April 9, 1929 (P.L.177, No.175), known as "The Administrative
18Code of 1929," unless the General Assembly directs otherwise by
19statute.]

20(c) Indemnification.--

21(1) Except as set forth under paragraph (2), the
22Commonwealth may indemnify or hold harmless and save the
23United States free from damages arising from a response to
24the Commonwealth's request for direct Federal assistance
25pursuant to the Stafford Act.

26(2) Paragraph (1) does not apply to claims that are the
27result of gross negligence, wanton or reckless acts or
28intentional misconduct.

29(3) The General Assembly, under 1 Pa.C.S. § 2310 
30(relating to sovereign immunity reaffirmed; specific waiver), 

1waives sovereign immunity as a bar to a claim against a 
2Commonwealth agency brought by the United States under 
3paragraph (1) only to the extent provided under this 
4subsection.

5§ 7703. Interstate arrangements.

6(a) General rule.--Upon finding that a vulnerable area lies
7only partly within this Commonwealth and includes territory in
8another state or states or territory in a foreign jurisdiction
9and that it would be desirable to establish an interstate
10relationship, mutual aid or an area organization for disaster
11emergency services, the Governor shall take steps to that end as
12desirable.

13(b) Negotiation and status of agreements.--If this action is
14taken with jurisdictions that have enacted the Interstate Civil
15Defense and Disaster Compact or the Emergency Management 
16Assistance Compact, any resulting agreement or agreements may be
17considered supplemental agreements pursuant to [Article 6 of
18that compact] those compacts. If the other jurisdiction or
19jurisdictions with which the Governor proposes to cooperate
20pursuant to subsection (a) have not enacted [that] the relevant
21compact, the Governor may negotiate special agreements with the
22jurisdiction or jurisdictions.

23(c) Legislative approval of agreements.--Any agreement, if
24sufficient authority for the making thereof does not otherwise
25exist, becomes effective only after its text has been
26communicated to the General Assembly and provided that neither
27House of the General Assembly has disapproved it by adjournment
28of the next ensuing session competent to consider it or within
2930 days of its submission, whichever is longer.

30§ 7704. Immunity from civil liability.

1(a) General rule.--Neither the Commonwealth, nor any 
2Commonwealth agency, nor any political subdivision [thereof nor
3other agencies] nor, except in cases of willful misconduct, the
4agents, employees or representatives of any of them engaged in
5any emergency services activities, nor, except in cases of
6willful misconduct or gross negligence, any individual or other
7person under contract with them to provide equipment or work on
8a cost basis to be used in disaster relief, nor, except in cases
9of willful misconduct or gross negligence, any person, firm,
10corporation or an agent or employee of any of them engaged in
11[disaster] emergency services activities, while complying with
12or attempting to comply with this part or any rule or regulation
13promulgated pursuant to the provisions of this part, shall be
14liable for the death of or any injury to persons or loss or
15damage to property as a result of that activity.

16(b) Real estate owners.--Any person[, organization] or
17authority owning or controlling real estate or other premises,
18who voluntarily and without compensation[,] grants a license or
19privilege or otherwise permits the designation or use of the
20whole or any part or parts of the real estate or premises for
21any emergency services purpose, shall, together with his
22successors in interest, if any, not be civilly liable for
23negligently causing the death of or injury to or loss or damage
24to the property of any person who is upon the real estate or
25other premises for that purpose.

26(c) Other benefits unaffected.--This section does not affect
27the right of any person to receive benefits to which he would
28otherwise be entitled under this part or under the [workmen's
29compensation laws] act of June 2, 1915 (P.L.736, No.338), known 
30as the Workers' Compensation Act, or under any pension law, nor

1the right of any person to receive any benefits or compensation
2under any Federal law.

3(d) Effect on other immunities.--The immunity provided in
4this section does not supersede and is in addition to other
5immunities provided by law.

6§ 7705. Special powers of [local agencies] political 
7subdivisions.

8(a) Roadway clearance.--Whenever the Governor shall have
9proclaimed a disaster emergency under section 7301(c) (relating
10to [declaration of disaster emergency)] general authority of 
11Governor), officials of any political subdivision included in
12the disaster emergency shall have the authority to clear such
13roadways as are necessary for the health, safety and welfare of
14residents, even though such roadways are not officially the
15responsibility of such political subdivision. The political
16subdivision may be reimbursed for the cost of such clearing as
17provided in subsection (c).

18(b) Water systems.--Whenever the Governor shall have
19proclaimed a disaster emergency under section 7301(c) and in the
20event that a water system owned or operated by a political
21subdivision or municipal authority is damaged, destroyed or made
22inoperable as a direct result of such disaster emergency, the
23political subdivision or municipal authority shall have the
24authority to lease or hire such personnel and equipment as may
25be needed to effect restoration of such water system. The
26political subdivision or municipal authority may be reimbursed
27for the cost of such restoration as provided in [subsection
28(c).] section 1508(b) of the act of April 9, 1929 (P.L.343, 
29No.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
2extent that the Commonwealth, a political subdivision or a
3municipal authority may be eligible for assistance from the
4Federal Government.

5§ 7706. [Compensation for accidental injury] Workers' 
6compensation.

7(a) Benefits.--[All duly enrolled emergency management
8volunteers, and such other volunteers as the agency shall by
9regulation qualify, who are not eligible to receive benefits
10under the Workmen's Compensation Laws shall be entitled, except
11during a state of war or period of armed conflict within the
12continental limits of the United States, to the following
13benefits relating to injuries sustained while actually engaged
14in emergency management activities and services or in or en
15route to and from emergency management tests, drills, exercises
16or operations authorized by the Pennsylvania Emergency
17Management Agency and carried out in accordance with rules and
18orders promulgated and adopted by the agency:

19(1) A sum of $20,000 for accidental injury directly
20causing or leading to death.

21(2) A sum not exceeding $15,000 for reimbursement for
22medical and hospital expenses associated with accidental
23injury.

24(3) Weekly payments of $200, not to exceed six months in
25duration, beginning on the eighth day of disability directly
26arising from accidental injury rendering the individual
27totally incapable of following his normal gainful pursuits.]

28Volunteers who are members of the Commonwealth emergency 
29management program, a county emergency management program or a 
30local emergency management program are deemed to be employees of 

1the Commonwealth or of the county or municipality by whose 
2program they are deployed for purposes of the act of June 2, 
31915 (P.L.736, No.338), known as the Workers' Compensation Act, 
4when engaging in or performing the following activities:

5(1) Deployment by the applicable emergency management
6official and participation in emergency services activities.

7(2) Going to or returning from an emergency or disaster
8emergency that the program members have been deployed.

9(3) Scheduled training, exercise or related official
10functions designated and authorized by the applicable
11emergency management official.

12(b) [Source of funds.--All benefits hereby authorized shall
13be paid out of funds appropriated to the agency. Payments shall
14be made on the basis of claims submitted to the agency through
15the Department of Labor and Industry in accordance with rules
16and orders promulgated and adopted by the agency.] (Reserved).

17(c) Computation.--For purposes of computing a volunteer's
18wage compensation under the Workers' Compensation Act, there
19shall be an irrebuttable presumption that the wages shall be at
20least equal to the Statewide average weekly wage.

21(d) Applicability.--The provisions of this section shall not
22apply to the extent that the volunteer is otherwise covered for
23workers' compensation purposes under an existing policy,
24agreement, contract or law.

25(e) Construction.--The provisions of this section shall not
26supersede Chapter 76 (relating to emergency management
27assistance compact).

28§ 7707. Penalties.

29(a) General rule.--The chief elected executive official of a 
30political subdivision may order or direct only the resources 

1within the official's given authority. Any person [violating any
2of the plans and programs adopted and promulgated by the
3Pennsylvania Emergency Management Council shall, upon conviction
4thereof in a summary proceeding, be sentenced] subject to the 
5authority of:

6(1) the Governor or his designee who fails to comply
7with an order or direction from the Governor or his designee;

8(2) a chief elected executive official who fails to
9comply with an order or direction from the chief elected
10executive official;

11(3) the agency who fails to comply with an order or
12direction from the agency; or

13(4) a county or local emergency management program in
14compliance with this part, other than Chapter 79 (relating to
15public health emergency measures), who fails to comply with
16an order or direction from that county or local emergency
17program commits a violation of this part.

18(a.1) Penalty.--A violation of this section shall constitute
19a summary offense and the person convicted of the violation
20shall be sentenced:

21(1) to pay a fine not exceeding [$200] $500 or to
22imprisonment not exceeding 30 days, or both, for the first
23offense[,]; and

24(2) to pay a fine not exceeding [$500] $1,000 or
25imprisonment not exceeding 90 days, or both, for each
26subsequent offense.

27(b) Loss of funds.--[Those political subdivisions in
28violation of section 7501 (relating to general authority of
29political subdivisions), section 7502 (relating to local
30coordinator of emergency management), section 7503 (relating to

1powers and duties of political subdivisions) or section 7504
2(relating to coordination, assistance and mutual aid) shall, at
3the direction of the council, be subject to loss of Federal
4personnel and administrative funding for the remainder of the
5fiscal year in which conviction is established. Reinstatement of
6Federal personnel and administrative funding shall take place
7the year following approval of remedial action to the
8violation.] A grantee who fails to comply with a provision of 
9this part may, at the agency's discretion, be subject to the 
10loss of grant funding administered by the agency.

11Section 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
14assistance has been requested under section 7301(f)(9) (relating
15to general authority of Governor) and is working in cooperation
16with State and local law enforcement officers during a disaster
17emergency declared by the Governor under section 7301(c) shall
18be empowered to act as a peace officer for the arrest, with or
19without a warrant, of offenders against the laws of this
20Commonwealth if the officer believes that a felony or
21misdemeanor has been or is about to be committed or attempted in
22the officer's presence.

23(b) Operational control.--Federal law enforcement officers
24working in cooperation with State and local law enforcement
25officers during a disaster emergency declared by the Governor
26shall come under the operational control of the Pennsylvania
27State Police or as otherwise directed by the Governor.

28(c) Liability.--A Federal law enforcement officer operating 
29under this section shall have the same immunities from liability 
30as any agent or employee of the Commonwealth under 42 Pa.C.S. 

1Ch. 85 (relating to matters affecting government units).

2§ 7715. Confidentiality.

3(a) Right-to-Know Law exemption.--The following shall be
4exempt from access under the act of February 14, 2008 (P.L.6,
5No.3), known as the Right-to-Know Law:

6(1) Information in a form relating to preparedness and
7emergency management activities of the Commonwealth or a
8political subdivision, school district or council of
9governments that if disclosed would be reasonably likely to
10jeopardize or threaten public safety or preparedness or
11public protection activity.

12(2) Information in a form received by the agency or a
13law enforcement organization under section 7701(i) (relating
14to duties concerning disaster preparedness and emergency
15management).

16(3) Other information in a form produced, compiled or
17maintained under this part and not otherwise exempt from
18access under this section or the Right-to-Know Law, the
19disclosure of which could, in the determination of the
20director, endanger the life or physical safety of an
21individual or the physical safety of property in this
22Commonwealth.

23(b) Open meetings exception.--Meetings of the council, a 
24county emergency management program, a local emergency 
25management program or a task force or response team organized in 
26accordance with this part, relating to preparedness and 
27emergency management, shall not be subject to the provisions of 
2865 Pa.C.S. Ch. 7 (relating to open meetings).

29§ 7716. Adverse interests.

30A Commonwealth or local official or employee may serve in a 

1leadership role in a nonprofit entity, notwithstanding the act 
2of July 19, 1957 (P.L.1017, No.451), known as the State Adverse 
3Interest Act, as long as the official or employee when acting in 
4a Commonwealth or local government capacity recuses himself from 
5official duties or decisions that pertain to the nonprofit 
6entity.

7Section 9. Title 35 is amended by adding chapters to read:

8CHAPTER 79

9PUBLIC HEALTH EMERGENCY MEASURES

10Sec.

117901. Definitions.

127901.1. Public health and medical emergency coordination.

137902. Temporary isolation or quarantine without notice.

147903. Continued isolation or quarantine.

157904. Miscellaneous.

16§ 7901. Definitions.

17The following words and phrases when used in this chapter
18shall have the meanings given to them in this section unless the
19context clearly indicates otherwise:

20"Quarantine subject." The subject of an order under section
217902(a)(1) (relating to temporary isolation or quarantine
22without notice). The term includes an individual or group
23subject to either isolation or quarantine.

24§ 7901.1. Public health and medical emergency coordination.

25(a) Secretary of Health.--

26(1) During preparation for or response to a disaster or
27disaster emergency resulting in or potentially resulting in a
28significant public health threat with or without medical
29consequences, the Secretary of Health shall have primary
30jurisdiction, responsibility and authority for the public

1health and medical services capabilities of Commonwealth
2agency emergency services, including the dispensing of
3medication.

4(2) Commonwealth agencies shall conduct public health
5and medical assessment, mitigation, preparedness, response
6and recovery activities in accordance with direction provided
7by the Secretary of Health. The Secretary of Health shall
8coordinate with the agency to the extent necessary.

9(b) Department of Health.--The Department of Health shall
10provide technical guidance, advice and assistance, as
11appropriate, to county emergency management programs, local
12emergency management programs and local health departments to
13carry out their responsibility to prepare emergency plans or
14components of emergency plans and to execute public health and
15medical assessment, mitigation, preparedness, response and
16recovery activities in their jurisdiction.

17§ 7902. Temporary isolation or quarantine without notice.

18(a) Temporary isolation or quarantine.--

19(1) In the case of an all-hazards emergency, the
20Governor, in consultation with the Secretary of Health,
21through a written order to prevent or limit the transmission
22of a contagious or potentially contagious disease, infection
23or hazardous agent, may temporarily isolate or quarantine:

24(i) one or more identified individuals; or

25(ii) one or more groups whose individual members are
26identified by past or present location or other
27characteristic that would place them at risk for
28transmitting a contagious or potentially contagious
29disease, infection or hazardous agent. Identifying
30characteristics for the individual members of such a

1group may include, but not be limited to:

2(A) Being or having been present in or at an
3identified geographic area, address, structure, event
4or mode of transport, during a specified period of
5time.

6(B) Being or having been in contact with an
7identified individual during a specified period of
8time.

9(C) Being or having been in contact with, or
10consumed an item during a specified period of time
11that has been identified as transmitting or
12potentially transmitting a contagious or potentially
13contagious disease, infection or hazardous agent.

14(D) Having or having had a specified employer,
15workplace or job function during a specified period
16of time.

17(E) Having or having had a specified name,
18address or other personal identifier where these are
19known.

20(2) This subsection may not be construed to require a
21declaration of disaster emergency by the Governor in order to
22be effective.

23(b) Order of isolation or quarantine.--The written order of
24isolation or quarantine must include all of the following:

25(1) The identity of each quarantine subject by name or
26other appropriate identifying information, including, but not
27limited to, identifying characteristics that make individuals
28part of a group subject to isolation or quarantine.

29(2) The name and address, or other appropriate
30identifying information, of the facility or other location to

1which the quarantine subject will be isolated or quarantined.
2Quarantine subjects may be isolated or quarantined within
3specified geographic areas, structures or modes of transport.

4(3) The date and time that the isolation or quarantine
5will begin.

6(4) The disease, infection or hazardous agent in
7question, if known.

8(5) A statement that quarantine subjects are entitled to
9representation by legal counsel at all stages of the
10proceedings.

11(6) A copy of this section and relevant definitions
12under this part.

13(c) Effectuation of order of isolation or quarantine.--

14(1) The Department of Health, or the local health
15department if the quarantine subject is within the
16jurisdiction of a local health department, shall deliver a
17copy of the written order to the appropriate law enforcement
18organization. Delivery may be effected by any appropriate
19means, including electronic transmission.

20(2) The law enforcement organization shall immediately,
21without the need for a warrant, take the quarantine subject
22to the facility or other location specified in the order, if
23properly equipped and trained to do so, or ensure that there
24is no ingress or egress from the place of isolation or
25quarantine, as appropriate. The law enforcement organization
26may take measures as appropriate under the circumstances to
27enforce the order against the quarantine subject.

28(3) A copy of the written order shall be provided to the
29quarantine subject. If it is impractical to provide a copy of
30the written order to each quarantine subject, the law

1enforcement organization shall communicate the order in any
2other manner reasonably likely under the circumstances to
3reach the quarantine subjects.

4(4) The Department of Health, or the local health
5department if the quarantine subject is within the
6jurisdiction of a local health department, shall provide or
7assist in providing proper training and equipment to the law
8enforcement organization as needed to enable it to safely
9carry out its duties under this section.

10§ 7903. Continued isolation or quarantine.

11(a) Continued isolation or quarantine.--If a determination
12is made to continue the isolation or quarantine commenced under
13section 7902 (relating to temporary isolation or quarantine
14without notice), the Department of Health or local health
15department, depending upon whose jurisdiction the quarantine
16subject is within, shall within 24 hours following the issuance
17by the Governor of the written order under section 7902(a) file
18a petition with a court of competent jurisdiction for a hearing
19to authorize the continued isolation or quarantine. All of the
20following shall apply:

21(1) The court shall hold a hearing on the petition not
22more than 72 hours after the filing of the petition to
23determine whether continued isolation or quarantine is
24warranted.

25(2) Reasonable notice, either oral or written, stating
26the time, place and purpose of the hearing shall be given to
27the quarantine subject.

28(3) The hearing shall be held in camera, or with other
29appropriate safeguards, to protect the identity of the
30quarantine subject.

1(4) The quarantine subject has the right to be present,
2cross-examine witnesses and present testimony. If a party
3cannot personally appear before the court due to the nature
4of the disease, infection or hazardous agent, the court may
5determine how the hearing shall occur, including through the
6use of closed-circuit television.

7(5) If the number of individuals in a group quarantine
8subject is too numerous to allow for individual hearings
9within the 72-hour time frame or it is not possible to hold
10individual hearings because not every member of the group can
11be individually identified within the 72-hour time frame, the
12court may determine that the interests of the group may be
13represented by an authorized representative, which may be
14appointed by the court.

15(6) The Department of Health or local health department
16must show by a preponderance of the evidence that continued
17isolation or quarantine is warranted.

18(7) A quarantine subject is entitled to representation
19by legal counsel at all stages of any proceedings under this
20section. If the quarantine subject is without financial
21resources or is otherwise unable to employ counsel, the court
22shall provide counsel for the quarantine subject.

23(b) Continuation warranted.--If the court determines
24continued isolation or quarantine is warranted, the court shall
25so order the continued isolation or quarantine and shall fix the
26time and duration of the isolation or quarantine.

27§ 7904. Miscellaneous.

28(a) Care of individuals during isolation or quarantine.--

29(1) If the order of isolation or quarantine issued under
30section 7902 (relating to temporary isolation or quarantine

1without notice) is issued with respect to individuals under
2the jurisdiction of a local health department, the county or
3municipality where the local health department operates shall
4assure, at its expense, that the individuals are provided
5with adequate and safe food, water and shelter and with
6appropriate medical care for the duration of the isolation or
7quarantine.

8(2) If the order of isolation or quarantine issued under
9section 7902 is issued with respect to individuals not under
10the jurisdiction of a local health department, the
11Commonwealth shall assure, at its expense, that the
12individuals are provided with adequate and safe food, water
13and shelter and with appropriate medical care for the
14duration of the isolation or quarantine.

15(b) Relation to other laws.--Nothing in this chapter shall
16be construed to limit the existing authority of the Secretary of
17Health, the Department of Health or a local health department.

18(c) Penalties.--The Department of Health, by its order, may
19impose a civil penalty on a person who fails to comply with an
20order issued by the Governor under this chapter. The penalty
21shall be no more than $1,000 for the first offense, $2,000 for
22the second offense and $5,000 for each subsequent offense.

23(d) Emergency administration or dispensing of drugs or other
24pharmaceuticals.--When the Governor has declared a disaster
25emergency or when the Secretary of Health determines that it is
26necessary to protect the health and safety of the public, the
27Secretary of Health or designee may authorize a person to
28administer vaccines or dispense or administer drugs. The
29following apply:

30(1) (i) The authorization shall be in writing and shall

1state the vaccines or drugs to be administered or
2dispensed, the categories of persons included in the
3authorization, additional training required before a
4person may perform vaccine administration or drug
5dispensing or administration, supervision required for
6performance of the vaccine administration or drug
7dispensing or administration, and the duration of the
8authorization.

9(ii) The Secretary of Health or designee may in
10writing extend the scope and duration of the
11authorization as the situation warrants.

12(iii) In addition to the civil immunity afforded in
13Chapter 77 (relating to miscellaneous provisions) and
14other applicable immunities, a person authorized by the
15Secretary of Health under this section may not be subject
16to professional discipline, administrative penalty or
17other administrative sanction or criminal liability for
18good faith performance of the vaccine administration or
19drug dispensing or administration duties performed in
20accordance with this section.

21(2) (i) When the Governor has declared a disaster
22emergency or when the Secretary of Health determines that
23it is necessary to protect the health and safety of the
24public, the Secretary of Health or designee may in
25writing authorize drugs to be dispensed to an individual
26to give to family members or others who have authorized
27the individual to receive the drugs on their behalf.

28(ii) Persons dispensing drugs shall only provide the
29drugs for family members or others for whom complete
30information as required by the Department of Health has

1been presented, and who are determined, based on that
2information, to meet the criteria for dispensing as
3established or adopted by the Department of Health.

4(iii) A minor who appears able to understand and
5carry out the responsibilities enumerated in this section
6may receive the drugs.

7CHAPTER 80

8UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS

9Sec.

108001. Short title of chapter.

118002. Definitions.

128003. Applicability to volunteer health practitioners.

138004. Regulation of services during emergency.

148005. Volunteer health practitioner registration systems.

158006. Recognition of volunteer health practitioners licensed in
16other states.

178007. No effect on credentialing and privileging.

188008. Provision of volunteer health or veterinary services;
19administrative sanctions.

208009. Relation to other laws.

218010. Regulatory authority.

228011. Limitations on civil liability.

238012. Workers' compensation coverage.

248013. Uniformity of application and construction.

25§ 8001. Short title of chapter.

26This chapter shall be known and may be cited as the Uniform
27Emergency Volunteer Health Practitioners Act.

28§ 8002. Definitions.

29The following words and phrases when used in this chapter
30shall have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Declaration of disaster emergency." A declaration of
3emergency issued by a person authorized to do so under the laws
4of this Commonwealth.

5"Department." The Department of Health of the Commonwealth.

6"Disaster relief organization." An entity that provides 
7emergency or disaster relief services that include health or 
8veterinary services provided by volunteer health practitioners 
9and that:

10(1) is designated or recognized as a provider of those
11services pursuant to a disaster response and recovery plan
12adopted by an agency of the Federal Government or the
13Pennsylvania Emergency Management Agency; or

14(2) regularly plans and conducts its activities in
15coordination with an agency of the Federal Government or the
16Pennsylvania Emergency Management Agency.

17"Emergency." An event or condition that is a disaster or 
18disaster emergency.

19"Emergency Management Assistance Compact." The interstate 
20compact approved by Congress by Public Law 104-321, 110 Stat. 
213877 and set forth in section 7601 (relating to compact 
22enacted).

23"Entity." A person other than an individual.

24"Health facility." An entity licensed under the laws of this 
25Commonwealth or another state to provide health or veterinary 
26services.

27"Health practitioner." An individual licensed under the laws 
28of this Commonwealth or another state to provide health or 
29veterinary services.

30"Health services." The provision of treatment, care, advice 

1or guidance, of other services or of supplies, related to the 
2health or death of individuals or human populations, to the 
3extent necessary to respond to an emergency, including:

4(1) the following, concerning the physical or mental
5condition or functional status of an individual or affecting
6the structure or function of the body:

7(i) preventive, diagnostic, therapeutic,
8rehabilitative, maintenance or palliative care; and

9(ii) counseling, assessment, procedures or other
10services;

11(2) sale or dispensing of a drug, a device, equipment or
12another item to an individual in accordance with a
13prescription; and

14(3) funeral, cremation, cemetery or other mortuary
15services.

16"Host entity." An entity operating in this Commonwealth 
17which uses volunteer health practitioners to respond to an 
18emergency.

19"License." Authorization by a state to engage in health or 
20veterinary services that are unlawful without the authorization. 
21The term includes authorization under the laws of this 
22Commonwealth to an individual to provide health or veterinary 
23services based upon a national certification issued by a public 
24or private entity.

25"Person." Any individual, corporation, business trust, 
26trust, partnership, limited liability company, association, 
27joint venture, public corporation, government or governmental 
28subdivision, agency or instrumentality or any other legal or 
29commercial entity.

30"Scope of practice." The extent of the authorization to 

1provide health or veterinary services granted to a health 
2practitioner by a license issued to the health practitioner in 
3the state in which the principal part of the health 
4practitioner's services are rendered, including any conditions 
5imposed by the licensing authority.

6"State." A state of the United States, the District of 
7Columbia, Puerto Rico, the Virgin Islands or any territory or 
8insular possession subject to the jurisdiction of the United 
9States.

10"Veterinary services." The provision of treatment, care, 
11advice or guidance or other services or of supplies, related to 
12the health or death of an animal or to animal populations, to 
13the extent necessary to respond to an emergency, including:

14(1) diagnosis, treatment or prevention of an animal
15disease, injury or other physical or mental condition by the
16prescription, administration or dispensing of vaccine,
17medicine, surgery or therapy;

18(2) use of a procedure for reproductive management; and

19(3) monitoring and treatment of animal populations for
20diseases that have spread or demonstrate the potential to
21spread to humans.

22"Volunteer health practitioner." A health practitioner who 
23provides health or veterinary services, whether or not the 
24health practitioner receives compensation for those services. 
25The term does not include a health practitioner who receives 
26compensation pursuant to a preexisting employment relationship 
27with a host entity or affiliate which requires the health 
28practitioner to provide health services in this Commonwealth, 
29unless the health practitioner is not a resident of this 
30Commonwealth and is employed by a disaster relief organization 

1providing services in this Commonwealth while an emergency 
2declaration is in effect.

3§ 8003. Applicability to volunteer health practitioners.

4This chapter applies to volunteer health practitioners
5registered with a registration system that complies with section
68005 (relating to volunteer health practitioner registration
7systems) and who provide health or veterinary services in this
8Commonwealth for a host entity while an emergency declaration is
9in effect.

10§ 8004. Regulation of services during emergency.

11(a) Authorization.--When an emergency declaration is in 
12effect, the agency or the department may issue an order to 
13limit, restrict or otherwise regulate:

14(1) the duration of practice by volunteer health
15practitioners;

16(2) the geographical areas in which volunteer health
17practitioners may practice;

18(3) the types of volunteer health practitioners who may
19practice;

20(4) whether and to what extent volunteer health or
21veterinary services may be provided by host entities
22specifically or in general; and

23(5) any other matters necessary to coordinate
24effectively the provision of health or veterinary services
25during the emergency.

26(b) Procedure.--An order issued under subsection (a) may
27take effect immediately, without prior notice or comment, and is
28not a regulation within the meaning of:

29(1) the act of July 31, 1968 (P.L.769, No.240), referred 
30to as the Commonwealth Documents Law;

1(2) the act of October 15, 1980 (P.L.950, No.164), known 
2as the Commonwealth Attorneys Act; or

3(3) the act of June 25, 1982 (P.L.633, No.181), known as 
4the Regulatory Review Act.

5(c) Host entities.--A host entity that uses volunteer health
6practitioners to provide health or veterinary services in this
7Commonwealth shall:

8(1) consult and coordinate its activities with the
9agency and the department to the extent practicable to
10provide for the efficient and effective use of volunteer
11health practitioners; and

12(2) comply with any law other than this chapter relating
13to the management of emergency health or veterinary services.

14§ 8005. Volunteer health practitioner registration systems.

15(a) Qualifications.--To qualify as a volunteer health
16practitioner registration system, a system must:

17(1) accept applications for the registration of
18volunteer health practitioners before or during an emergency;

19(2) include information about the licensure and good
20standing of volunteer health practitioners which is
21accessible by authorized persons;

22(3) be capable of confirming the accuracy of information
23concerning whether a health practitioner is licensed and in
24good standing before health services or veterinary services
25are provided under this chapter; and

26(4) meet one of the following conditions:

27(i) be an emergency system for advance registration 
28of volunteer health practitioners established by a state 
29and funded through the Health Resources Services 
30Administration under section 319I of the Public Health 

1Service Act (58 Stat. 682, 42 U.S.C. § 247d-7b), such as 
2the State Emergency Registry for Volunteers in 
3Pennsylvania (SERVPA);

4(ii) be a local unit consisting of trained and 
5equipped emergency response, public health and medical 
6personnel formed pursuant to section 2801 of the Public 
7Health Service Act (42 U.S.C. § 300hh);

8(iii) be operated by a:

9(A) disaster relief organization;

10(B) licensing board;

11(C) national or regional association of
12licensing boards or health practitioners;

13(D) health facility that provides comprehensive
14inpatient and outpatient health care services,
15including a tertiary care and teaching hospital; or

16(E) governmental entity; or

17(iv) be designated by the agency as a registration
18system for purposes of this chapter.

19(b) Confirmation.--When an emergency declaration is in
20effect, the agency, the department, a person authorized to act
21on behalf of the agency or a host entity may confirm whether
22volunteer health practitioners utilized in this Commonwealth are
23registered with a registration system that complies with
24subsection (a). Confirmation is limited to obtaining identities
25of the volunteer health practitioners from the system and
26determining whether the system indicates that they are licensed
27and in good standing.

28(c) Notice.--Upon request of a person in this Commonwealth
29authorized under subsection (b) or a similarly authorized person
30in another state, a registration system located in this

1Commonwealth shall notify the person of the identities of
2volunteer health practitioners and whether they are licensed and
3in good standing.

4(d) Effect.--A host entity is not required to use the
5services of a volunteer health practitioner even if the health
6practitioner is registered with a registration system that
7indicates that the health practitioner is licensed and in good
8standing.

9§ 8006. Recognition of volunteer health practitioners licensed
10in other states.

11(a) Practice allowed.--When an emergency declaration is in
12effect, a volunteer health practitioner, registered with a
13registration system that complies with section 8005 (relating to
14volunteer health practitioner registration systems) and licensed
15and in good standing in the state upon which the health
16practitioner's registration is based, may practice in this
17Commonwealth to the extent authorized by this chapter as if the
18health practitioner were licensed in this Commonwealth.

19(b) Exception.--A volunteer health practitioner qualified
20under subsection (a) is not entitled to the protections of this
21chapter if the health practitioner is licensed in more than one
22state and any license of the health practitioner:

23(1) is suspended, revoked or subject to an agency order
24limiting or restricting practice privileges; or

25(2) has been voluntarily terminated under threat of
26sanction.

27§ 8007. No effect on credentialing and privileging.

28(a) (Reserved).

29(b) General rule.--This chapter does not affect
30credentialing or privileging standards of a health facility and

1does not preclude a health facility from waiving or modifying
2those standards while an emergency declaration is in effect.

3(c) Definitions.--As used in this section, the following
4words and phrases shall have the meanings given to them in this
5subsection:

6"Credentialing." Obtaining, verifying and assessing the 
7qualifications of a health practitioner to provide treatment, 
8care or services in or for a health facility.

9"Privileging." The authorizing by an appropriate authority, 
10such as a governing body, of a health practitioner to provide 
11specific treatment, care or services at a health facility 
12subject to limits based on factors that include license, 
13education, training, experience, competence, health status and 
14specialized skill.

15§ 8008. Provision of volunteer health or veterinary services;
16administrative sanctions.

17(a) Scope of practice.--Subject to subsections (b) and (c),
18a volunteer health practitioner shall adhere to the scope of
19practice for a similarly licensed health practitioner
20established by the licensing provisions, practice acts or other
21laws of this Commonwealth.

22(b) Outside scope of practice.--Except as otherwise provided
23in subsection (c), this chapter does not authorize a volunteer
24health practitioner to provide services that are outside the
25health practitioner's scope of practice, even if a similarly
26licensed health practitioner in this Commonwealth would be
27permitted to provide the services.

28(c) Department authority.--The department may modify or
29restrict the health or veterinary services that volunteer health
30practitioners may provide pursuant to this chapter. An order

1under this subsection may take effect immediately, without prior
2notice or comment, and is not a regulation within the meaning
3of:

4(1) the act of July 31, 1968 (P.L.769, No.240), referred 
5to as the Commonwealth Documents Law;

6(2) the act of October 15, 1980 (P.L.950, No.164), known 
7as the Commonwealth Attorneys Act; or

8(3) the act of June 25, 1982 (P.L.633, No.181), known as 
9the Regulatory Review Act.

10(d) Host entity authority.--A host entity may restrict the
11health or veterinary services that a volunteer health
12practitioner may provide pursuant to this chapter.

13(e) Unauthorized practice defined.--A volunteer health
14practitioner does not engage in unauthorized practice unless the
15practitioner has reason to know of any limitation, modification
16or restriction under this section or that a similarly licensed
17health practitioner in this Commonwealth would not be permitted
18to provide the services. A volunteer health practitioner has
19reason to know of a limitation, modification or restriction or
20that a similarly licensed health practitioner in this
21Commonwealth would not be permitted to provide a service if:

22(1) the health practitioner knows the limitation,
23modification or restriction exists or that a similarly
24licensed health practitioner in this Commonwealth would not
25be permitted to provide the service; or

26(2) from all the facts and circumstances known to the
27health practitioner at the relevant time, a reasonable person
28would conclude that the limitation, modification or
29restriction exists or that a similarly licensed health
30practitioner in this Commonwealth would not be permitted to

1provide the service.

2(f) Licensing boards.--In addition to the authority granted
3by laws of this Commonwealth other than this chapter to regulate
4the conduct of health practitioners, a licensing board or other
5disciplinary authority in this Commonwealth:

6(1) may impose administrative sanctions upon a health
7practitioner licensed in this Commonwealth for conduct
8outside of this Commonwealth in response to an out-of-State
9emergency;

10(2) may impose administrative sanctions upon a health
11practitioner not licensed in this Commonwealth for conduct in
12this Commonwealth in response to an in-State emergency; and

13(3) shall report any administrative sanctions imposed
14upon a health practitioner licensed in another state to the
15appropriate licensing board or other disciplinary authority
16in any other state in which the health practitioner is known
17to be licensed.

18(g) Discretion of licensing boards.--In determining whether
19to impose administrative sanctions under subsection (f), a
20licensing board or other disciplinary authority shall consider
21the circumstances in which the conduct took place, including any
22exigent circumstances, and the health practitioner's scope of
23practice, education, training, experience and specialized skill.

24§ 8009. Relation to other laws.

25(a) Emergency Management Assistance Compact.--This chapter
26does not limit rights, privileges or immunities provided to
27volunteer health practitioners by laws other than this chapter.
28Except as otherwise provided in subsection (b), this chapter
29does not affect requirements for the use of health practitioners
30pursuant to the Emergency Management Assistance Compact.

1(b) Emergency forces.--The agency, pursuant to the Emergency
2Management Assistance Compact, may incorporate into the
3emergency forces of this Commonwealth volunteer health
4practitioners who are not officers or employees of this
5Commonwealth or a political subdivision.

6§ 8010. Regulatory authority.

7The agency and the department may promulgate regulations to
8implement this chapter. In doing so, the agency and the
9department shall consider regulations promulgated by similarly
10empowered agencies in other states to promote uniformity of
11application of this chapter and make the emergency response
12systems in the various states reasonably compatible.

13§ 8011. Limitations on civil liability.

14(a) Immunity.--A volunteer health practitioner or host
15entity that is not an agent of the Commonwealth, a Commonwealth
16agency, a political subdivision or a local agency and that
17provides health services or veterinary services in compliance
18with this chapter is not subject to civil liability, for the
19death or bodily injury of an individual or for loss or damage to
20property, arising out of an act or omission of the practitioner
21in providing those services to the same extent as an individual
22engaged in disaster services activities under section 7704
23(relating to immunity from civil liability).

24(b) Information.--A person that, pursuant to this chapter, 
25operates, uses or relies upon information provided by a 
26volunteer health practitioner registration system under section 
278005 (relating to volunteer health practitioner registration 
28systems) is not liable for damages for an act or omission 
29relating to that operation, use or reliance unless the act or 
30omission is an intentional tort or is willful misconduct or 

1wanton, grossly negligent, reckless or criminal conduct.

2(c) Applicability of subchapter.--In addition to the
3protections provided in subsection (a), a volunteer health
4practitioner providing health or veterinary services pursuant to
5this chapter is entitled to all the rights, privileges or
6immunities provided by law.

7§ 8012. Workers' compensation coverage.

8(a) (Reserved).

9(b) Status of volunteer health practitioners.--A volunteer 
10health practitioner who provides health services pursuant to 
11this chapter and who is not otherwise eligible for benefits for 
12injury or death under the act of June 2, 1915 (P.L.736, No.338), 
13known as the Workers' Compensation Act, or the act of June 21, 
141939 (P.L.566, No.284), known as The Pennsylvania Occupational 
15Disease Act, or under the workers' compensation or occupational 
16disease law of another state may be eligible to receive benefits 
17under section 7706 (relating to compensation for accidental 
18injury).

19(c) Administration.--The Department of Labor and Industry 
20may promulgate regulations, enter into agreements with other 
21states or take other measures to facilitate the receipt of 
22benefits for injury or death under the Workers' Compensation Act 
23or The Pennsylvania Occupational Disease Act by volunteer health 
24practitioners who reside in other states and may waive or modify 
25requirements for filing, processing and paying claims that 
26unreasonably burden the volunteer health practitioners. To 
27promote uniformity of application of this chapter with other 
28states that enact similar legislation, the Department of Labor 
29and Industry shall consult with and consider the approaches to 
30filing, processing and paying claims taken by agencies with 

1similar authority in other states.

2§ 8013. Uniformity of application and construction.

3In applying and construing this chapter, consideration must
4be given to the need to promote uniformity of the law with
5respect to its subject matter among states that enact it.

6Section 10. Repeals are as follows:

7(1) The General Assembly declares that the repeal under
8paragraph (2) is necessary to effectuate the addition of 35 
9Pa.C.S. Ch. 75 Subch. C and Ch. 79.

10(2) The act of December 16, 2002 (P.L.1967, No.227),
11known as the Counterterrorism Planning, Preparedness and
12Response Act, is repealed.

13Section 11. This act shall apply as follows:

14(1) The addition of 35 Pa.C.S. § 8011 shall apply to
15causes of action which arise on or after the effective date
16of this paragraph.

17(2) The addition of 35 Pa.C.S. § 8012 shall apply to
18claims for injuries which occur on or after the effective
19date of this paragraph.

20Section 12. This act shall take effect immediately.