Regular Session 2023-2024 House Bill 0843 P.N. 2449

PRIOR PRINTER'S NO. 1046

PRINTER'S NO. 2449

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

843

Session of

2023

INTRODUCED BY D. MILLER, MIHALEK, BENHAM, SANCHEZ, KINSEY,

PISCIOTTANO, GUENST, KULIK, MATZIE, MARKOSEK, VENKAT,

McANDREW, GERGELY, SALISBURY, DEASY, GILLEN, INNAMORATO,

STRUZZI, MARSHALL, MERCURI, GAYDOS, KAIL, FLEMING, SCIALABBA,

KINKEAD, WENTLING, TAKAC, GREEN, OTTEN, MUSTELLO AND HILL-

EVANS, APRIL 28, 2023

AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,

DECEMBER 13, 2023

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, in emergency management services,

providing for counterterrorism planning, preparedness and

response; in Emergency Management Assistance Compact,

providing for construction; and making repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 35 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 72

COUNTERTERRORISM PLANNING, PREPAREDNESS AND RESPONSE

Subchapter

A. Preliminary Provisions

B. Counterterrorism Planning, Preparedness and Response

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

7201. Scope of chapter.

7202. Definitions.

7203. JOINT STATE GOVERNMENT COMMISSION STUDY.

§ 7201. Scope of chapter.

This chapter relates to counterterrorism planning,

preparedness and response.

§ 7202. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"COMMISSION." THE JOINT STATE GOVERNMENT COMMISSION.

"Disaster medical assistance team." A complement of

individuals organized in accordance with standards developed by

the agency and applicable Federal agencies to provide medical

service at the scene of disasters and mass casualty incidents.

"Disaster mortuary response team." A complement of

individuals organized in accordance with standards developed by

the agency and applicable Federal agencies to provide mortuary

service at the scene of disasters and mass casualty incidents.

"FEMA." The Federal Emergency Management Agency.

"Letter of agreement." A written agreement between a

regional counterterrorism task force and a public, semipublic,

private or nonprofit corporation, business, association,

partnership, authority, individual or other entity that provides

for:

(1) Personnel, equipment, supplies, training facilities

or other resources either directly to or in support of the

task force's specialized regional counterterrorism response

team.

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(2) Workers' compensation and death benefits.

(3) Use of county 911 communications centers, county

emergency management agencies or the State emergency

operations center.

(4) Member participation in training exercises, drills

and actual activation and deployment.

"Municipal" or "municipality." A city, borough, incorporated

town, township or home rule municipality of this Commonwealth.

"Mutual aid." A county's, municipality's or volunteer

service organization's affirmative act of sending its personnel,

equipment or resources to the scene of an actual or potential

disaster, whether inside or outside the boundaries of this

Commonwealth, in response to an official dispatch request from a

county 911 communications center, county emergency management

agency or the State emergency operations center.

"Mutual aid agreement." A written agreement between a

regional counterterrorism task force and a county, municipality

or volunteer service organization that provides for:

(1) The county, municipality or volunteer service

organization to provide personnel, equipment or other

resources in response to an actual or potential disaster.

(2) Workers' compensation and death benefits.

(3) Use of county 911 communications centers, county

emergency management agencies or the State emergency

operations center.

(4) Member participation in training exercises, drills

and actual activation and deployment.

"NIMS." The National Incident Management System.

"PEMA." THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.

"Regional counterterrorism task force." A complement of

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Federal, State, county and municipal emergency management,

health, law enforcement, public safety and other officials and

representatives from volunteer service organizations, private

business and industry, hospitals and medical care facilities and

other entities within a multicounty area as determined by the

agency that is responsible for conducting counterterrorism

planning, training preparedness and response activities.

"Specialized regional counterterrorism response team." As

follows:

(1) A complement of individuals established by a

regional counterterrorism task force and organized in

accordance with standards developed by the agency and

applicable Federal agencies to respond to emergencies

involving an actual or potential disaster.

(2) The term includes a disaster medical assistance team

and disaster mortuary response team.

"Specialized Statewide response team." As follows:

(1) A complement of individuals organized by the

Commonwealth to provide specialized personnel, equipment and

other support capabilities in response to an actual or

potential disaster in this Commonwealth.

(2) The term includes a disaster medical assistance team

and disaster mortuary response team.

"Urban search and rescue task force." A multidisciplined

complement of individuals organized by the agency in accordance

with standards developed by the agency and FEMA to provide

emergency response and search and rescue capabilities and

resources at the scene of a disaster consistent with NIMS

guidelines.

"Volunteer service organization." A volunteer fire company,

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volunteer ambulance or medical company, volunteer rescue squad

or any other volunteer entity organized and chartered or

incorporated in this Commonwealth or chartered by the Congress

of the United States for the primary purpose of providing

emergency services as defined in section 7102 (relating to

definitions).

§ 7203. JOINT STATE GOVERNMENT COMMISSION STUDY.

(A) DUTY.--THE COMMISSION SHALL CONDUCT A COMPREHENSIVE

STUDY AND ASSESSMENT ON THE NEED, READINESS AND STATE OF

OPERATIONS OF PENNSYLVANIA TASK FORCE 1 AND THE COMMONWEALTH'S

URBAN SEARCH AND RESCUE CAPABILITIES AND IDENTIFY

VULNERABILITIES, GAPS IN THE SYSTEM AND AREAS OF NECESSARY AND

APPROPRIATE IMPROVEMENT.

(B) ADVISORY BOARD.--THE COMMISSION SHALL ESTABLISH AN

ADVISORY BOARD TO CONDUCT THE STUDY UNDER THIS SECTION. THE

BOARD SHALL CONSIST OF THE FOLLOWING MEMBERS OR THEIR DESIGNEE:

(1) THE DIRECTOR OF PEMA.

(2) THE ADJUTANT GENERAL.

(3) THE STATE FIRE COMMISSIONER.

(4) THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE.

(5) THE SECRETARY OF CONSERVATION AND NATURAL RESOURCES.

(6) THE SECRETARY OF ENVIRONMENTAL PROTECTION.

(7) THE SECRETARY OF HEALTH.

(8) THE SECRETARY OF TRANSPORTATION.

(9) THE EXECUTIVE DIRECTOR OF THE PENNSYLVANIA FISH AND

BOAT COMMISSION.

(10) THE COMMANDER OF THE PENNSYLVANIA CIVIL AIR PATROL.

(11) THE FEMA REGION 3 REPRESENTATIVE.

(12) ONE EMERGENCY MANAGEMENT COORDINATOR EACH FROM

WESTERN, EASTERN AND CENTRAL PENNSYLVANIA.

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(13) A REPRESENTATIVE OF THE NATIONAL EMERGENCY NUMBER

ASSOCIATION.

(14) A REPRESENTATIVE OF THE ASSOCIATION OF PUBLIC-

SAFETY COMMUNICATIONS OFFICIALS.

(15) A REPRESENTATIVE OF THE PENNSYLVANIA ASSOCIATION OF

HAZARDOUS MATERIALS TECHNICIANS.

(16) A REPRESENTATIVE OF THE PENNSYLVANIA STATE

ASSOCIATION OF BOROUGHS.

(17) A REPRESENTATIVE OF THE EXECUTIVE BOARD OF THE

PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS.

(18) A REPRESENTATIVE OF THE MUNICIPAL LEAGUE.

(19) A REPRESENTATIVE OF THE PENNSYLVANIA STATE

ASSOCIATION OF TOWNSHIP COMMISSIONERS.

(20) THE PRESIDENT OF PENNSYLVANIA TASK FORCE 1.

(21) A REPRESENTATIVE OF THE PENNSYLVANIA FIRE ADVISORY

BOARD.

(22) A REPRESENTATIVE OF THE AMBULANCE ASSOCIATION OF

PENNSYLVANIA.

(23) THREE DIRECTORS OF REGIONAL TASK FORCES, WHICH TASK

FORCES MUST BE LOCATED IN WESTERN PENNSYLVANIA, CENTRAL

PENNSYLVANIA AND EASTERN PENNSYLVANIA.

(24) A REPRESENTATIVE OF THE COUNTY COMMISSIONERS

ASSOCIATION OF PENNSYLVANIA.

(1) CONDUCT THE STUDY BY REVIEWING THE FOLLOWING:

(I) STRATEGIES DEVELOPED AND UTILIZED BY AGENCIES

AND BUSINESSES THROUGHOUT THIS COMMONWEALTH FOR DEALING

WITH DISASTER EMERGENCIES UNDER THE ALL-HAZARDS

PREPAREDNESS STANDARDS PROVIDED BY NIMS.

(II) SECURITY MEASURES AND RESPONSE PLANS IN PLACE

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FOR CRITICAL EMERGENCY MANAGEMENT AND RESPONSE FOR

INFRASTRUCTURE SUCH AS BRIDGES, ROADS, POWER STATIONS,

AIRPORTS, DOCKYARDS AND OTHER CRITICAL INFRASTRUCTURE.

(III) IN CONSULTATION WITH PEMA, THE OVERALL

EMERGENCY RESPONSE SYSTEM PLAN FOR THIS COMMONWEALTH IN

ACCORDANCE WITH NIMS STANDARDS AND GUIDELINES.

(IV) THE LEVEL OF TRAINING REQUIRED AND COMPETENCY

AMONG PENNSYLVANIA TASK FORCE 1 STAFF, INCLUDING CURRENT

OPERATIONS CONDUCTED BY PENNSYLVANIA TASK FORCE 1.

(V) THE CURRENT CAPABILITIES OF PENNSYLVANIA TASK

FORCE 1 AND THE COMMONWEALTH'S REGIONAL TASK FORCES

RELATED TO EXTRACTION FROM DAMAGED OR COLLAPSED

STRUCTURES IN THIS COMMONWEALTH.

(VI) THE STATUS OF PROTOCOLS AND CAPABILITIES OF

EMERGENCY MEDICAL SERVICES CARE PROVIDED BY AND TO TASK

FORCES FOR ENTRAPPED SURVIVORS, TASK FORCE PERSONNEL AND

OTHERS. THE ASSESSMENT SHALL INCLUDE CANINE SEARCH

CAPABILITY, READINESS AND CARE.

(VII) PENNSYLVANIA TASK FORCE 1'S RECONNAISSANCE

CAPABILITIES REGARDING DAMAGE ASSESSMENT, MISSION

READINESS AND RESOURCE NEEDS.

(VIII) PEMA'S PROTOCOLS AND COMMUNICATIONS

CAPABILITIES BETWEEN PENNSYLVANIA TASK FORCE 1, THIS

COMMONWEALTH'S CURRENT REGIONAL TASK FORCES AND LOCAL

EMERGENCY RESPONSE PERSONNEL, SUCH AS FIRE COMPANIES, EMS

AGENCIES AND STATE AND LOCAL LAW ENFORCEMENT, AS WELL AS

FEDERAL, STATE AND LOCAL GOVERNMENTS REGARDING THEIR

EMERGENCY OPERATIONS.

(IX) THE CURRENT PROTOCOLS, CAPABILITIES OR NEEDS

FOR HAZARDOUS MATERIAL SURVEYS, EXTRACTION AND CLEANUP.

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(X) PENNSYLVANIA TASK FORCE 1'S AND THIS

COMMONWEALTH'S REGIONAL TASK FORCES' CAPABILITIES

REGARDING STRUCTURAL STABILIZATION AS WELL AS SHORING AND

CRIBBING OPERATIONS TO DAMAGED BUILDINGS.

(XI) THE CURRENT PROTOCOLS AND CAPABILITIES OF

PENNSYLVANIA TASK FORCE 1'S AQUATIC AND AERIAL

OPERATIONS.

(2) REVIEW, ASSESS, INVENTORY AND CATALOG EQUIPMENT

POSSESSED BY PENNSYLVANIA TASK FORCE 1 AND EACH OTHER

REGIONAL TASK FORCE IN THIS COMMONWEALTH.

(3) CONDUCT A MONETARY ASSESSMENT TO IDENTIFY AND

QUANTIFY THE FUNDING IMPACTS OF PENNSYLVANIA TASK FORCE 1 AND

THE REGIONAL TASK FORCE SYSTEM, AS WELL AS THE FUNDING IMPACT

AND NEEDS OF CREATING AN ADDITIONAL FEMA LEVEL 1 THROUGH 4

TASK FORCE IN THIS COMMONWEALTH.

(D) URBAN SEARCH AND RESCUE.--THE COMMISSION SHALL EXAMINE

EACH OF THE COMPONENT PARTS OF THE URBAN SEARCH AND RESCUE

SYSTEM IN THIS COMMONWEALTH, INCLUDING PENNSYLVANIA TASK FORCE

1, ACCORDING TO THE POLICIES AND PROCEDURES OF THE NATIONAL

URBAN SEARCH AND RESCUE RESPONSE SYSTEM. THE COMMISSION SHALL

EXAMINE THE CAPABILITY OF THE CURRENT URBAN SEARCH AND RESCUE

SYSTEM IN THIS COMMONWEALTH TO MEET THE CHALLENGES THAT THE

CURRENT SYSTEM FACES.

(E) REPORT AND RECOMMENDATIONS.--IN DEVELOPING A REPORT AS

REQUIRED UNDER THIS SECTION, THE COMMISSION SHALL IDENTIFY GAPS

IN THE SYSTEM AND DEVELOP RECOMMENDATIONS TO ADDRESS THE GAPS.

THE INFORMATION SHALL INCLUDE THE IDENTIFICATION OF RESOURCES

NECESSARY TO ADDRESS GAPS AND SHALL INCLUDE THE IDENTIFICATION

OF AREAS OR REGIONS IN THIS COMMONWEALTH THAT LACK RESOURCES IN

ACCORDANCE WITH THE POLICIES AND PROCEDURES OF THE NATIONAL

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URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

(F) TIME.--THE COMMISSION SHALL SUBMIT TO THE GENERAL

ASSEMBLY A REPORT OF ITS FINDINGS AND RECOMMENDATIONS BY

NOVEMBER 30, 2024.

SUBCHAPTER B

COUNTERTERRORISM PLANNING, PREPAREDNESS AND RESPONSE

Sec.

7211. Counterterrorism planning, preparedness and response

program.

7212. Regional counterterrorism task forces.

7213. Regional counterterrorism response and preparedness.

7214. Urban search and rescue task forces.

7215. Specialized Statewide response teams.

7216. Grant program.

7217. Miscellaneous provisions.

7218. Commonwealth indemnification.

§ 7211. Counterterrorism planning, preparedness and response

program.

(a) Coordination and consultation.--The agency shall

coordinate and consult with other State agencies, departments

and offices, including the Office of Homeland Security of the

Commonwealth, to establish, develop and maintain a

counterterrorism planning, preparedness and response program to

promote and protect the health, safety and welfare of emergency

responders, public officials and the general public from actual

or potential disasters in this Commonwealth.

(b) Agency responsibilities.--The agency shall:

(1) Define the necessary components and composition of

regional counterterrorism task forces and specialized

regional counterterrorism response teams and the respective

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regional counterterrorism zones for each, but shall not be

responsible for appointing individual members to the regional

counterterrorism task forces or the specialized regional

counterterrorism response teams.

(2) Provide training and technical assistance for

counterterrorism planning, preparedness and response.

(3) Establish guidelines and policies to coordinate

emergency response activities with Federal, State, county and

municipal emergency management, health, law enforcement,

public safety and other officials and representatives from

volunteer service organizations, private business and

industry, hospitals and medical care facilities and other

entities responsible for the health, safety and welfare of

the residents of this Commonwealth. The agency shall consult

with representatives of the regional counterterrorism task

forces to develop such policies and guidelines necessary to

carry out this chapter.

(4) Require the regional counterterrorism task forces to

prepare counterterrorism emergency response plans or

protocols, readiness evaluation reports or other documents

deemed necessary by the agency.

(5) Provide grants and other funding assistance as

required by this chapter.

(6) Conduct terrorist incident exercises.

(7) Provide technical assistance to regional

counterterrorism task forces in developing and entering into

mutual aid agreements and letters of agreement.

(8) Establish a certification program for specialized

regional counterterrorism response teams that may include

standards for the administration, composition, training and

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equipping of the teams.

§ 7212. Regional counterterrorism task forces.

(a) Establishment.--The agency, in coordination with State,

county and municipal emergency management, health, law

enforcement, public safety and other officials and

representatives from volunteer service organizations, private

business and industry, hospitals and medical care facilities and

other entities responsible for the health, safety and welfare of

the residents of this Commonwealth, shall establish regional

counterterrorism task forces throughout this Commonwealth.

(b) Response plans.--A regional counterterrorism task force

shall prepare a counterterrorism preparedness and response plan

in accordance with guidelines developed by the agency. The

agency shall review and approve each plan in a timely manner,

but no later than 90 days after its submission to the agency.

The task force shall review and update the plan on an annual

basis.

that are called to discuss sensitive or classified law

enforcement, terrorist threat assessment or other confidential

public and private facility safety information shall not be

deemed a public record subject to disclosure under 65 Pa.C.S.

Ch. 7 (relating to open meetings).

§ 7213. Regional counterterrorism response and preparedness.

(a) Specialized regional counterterrorism response teams.--A

regional counterterrorism task force shall establish specialized

regional counterterrorism response teams.

(b) Regional counterterrorism response zones.--The agency

shall establish primary and secondary regional response zones

within this Commonwealth for specialized regional

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counterterrorism response teams. The regional response zones may

consist of multiple counties or portions of several adjoining

counties as determined by the agency.

counterterrorism response team may be activated and deployed

inside or outside this Commonwealth by the Governor, the

Governor's designee or an official designated by the appropriate

regional counterterrorism task force.

§ 7214. Urban search and rescue task forces.

(a) Establishment.--The agency shall establish urban search

and rescue task forces, including:

(1) At least one urban search and rescue task force

organized by the Commonwealth within a regional

counterterrorism task force covering a county of the first

class that meets or exceeds the minimum requirements of a

Type 1 urban search and rescue task force as designated by

FEMA in the NIMS guidelines.

(2) At least one urban search and rescue task force

organized by the Commonwealth within a regional

counterterrorism task force covering a county of the second

class, which shall be called Pennsylvania Task Force 2 (PA-

TF2) and, no later than January 1, 2026, shall meet or exceed

the minimum requirements of a Type 3 urban search and rescue

task force as designated by FEMA in the NIMS guidelines, as

certified by the agency.

(A) ESTABLISHMENT.-- IN ADDITION TO ANY URBAN SEARCH AND

RESCUE TASK FORCE ESTABLISHED BY THE FEDERAL GOVERNMENT, THE

AGENCY SHALL ESTABLISH URBAN SEARCH AND RESCUE TASK FORCES,

INCLUDING:

(1) NO MORE THAN ONE URBAN SEARCH AND RESCUE TASK FORCE

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THAT:

(I) IS ORGANIZED BY THE COMMONWEALTH WITHIN EACH

REGIONAL COUNTERTERRORISM TASK FORCE; AND

(II) PROVIDES COMPREHENSIVE URBAN SEARCH AND RESCUE

SERVICES TO ALL AREAS OF THIS COMMONWEALTH AS DEEMED

NECESSARY BY THE AGENCY.

(2) AT LEAST ONE URBAN SEARCH AND RESCUE TASK FORCE

THAT:

(I) IS ORGANIZED BY THE COMMONWEALTH WITHIN A

REGIONAL COUNTERTERRORISM TASK FORCE COVERING A COUNTY OF

THE SECOND CLASS; AND

(II) NO LATER THAN JANUARY 1, 2026, MEETS OR EXCEEDS

THE MINIMUM REQUIREMENTS OF A TYPE 3 URBAN SEARCH AND

RESCUE TASK FORCE AS DESIGNATED BY FEMA IN THE NIMS

GUIDELINES, AS CERTIFIED BY THE AGENCY.

(b) Support.--The task forces shall also provide

professional, logistical, material and other forms of support to

regional counterterrorism task forces and specialized regional

counterterrorism response teams.

shall be organized in accordance with guidelines developed by

the agency in coordination with FEMA and members of the task

force.

(d) Responsibilities.--An urban search and rescue task force

shall respond to actual or potential disasters in this

Commonwealth and shall also perform search and rescue functions

as delineated in The Robert T. Stafford Disaster Relief and

Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et

seq.), the Federal Response Plan or its successor, Emergency

Management Assistance Compact missions under Chapter 76

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(relating to Emergency Management Assistance Compact), as

requested, and the counterterrorism preparedness and response

plans created in accordance with this chapter.

(e) Activation and deployment.--

(1) An urban search and rescue task force or any of its

components, subgroups or regional elements may only be

activated and deployed to the scene of a disaster by either:

(i) the Governor or the Governor's designee; or

(ii) the President of the United States or a FEMA-

designated official.

(2) During an activation and deployment by the Governor,

the administrative and operational costs of the task force,

its individual members and their employers, State agencies

and other parties shall be paid under the Governor's

declaration of disaster emergency, including paying or

reimbursing any parties for workers' compensation and death

benefits in the event of injury or death of an urban search

and rescue task force member.

(f) Workers' compensation and death benefits.--A member of

an urban search and rescue task force shall be eligible to

receive workers' compensation and death benefits in the event of

injury or death that occurs during the period of activation or

deployment.

(g) Funding, grants and donations.--In addition to money

that is provided to a task force under section 7216 (relating to

grant program) or the authority of section 1508 of the act of

April 9, 1929 (P.L.343, No.176), known as The Fiscal Code , the

urban search and rescue task force may be eligible to receive

grants, donations of equipment and supplies and other funds from

any source. As an agent of the Commonwealth, an urban search and

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rescue task force or regional counterterrorism task force is

entitled to tax-exempt status from the Federal Government.

(G) FUNDING, GRANTS AND DONATIONS.--

(1) IN ADDITION TO MONEY THAT IS PROVIDED TO A TASK

FORCE UNDER SECTION 7216 (RELATING TO GRANT PROGRAM) OR THE

AUTHORITY OF SECTION 1508 OF THE ACT OF APRIL 9, 1929

(P.L.343, NO.176), KNOWN AS THE FISCAL CODE , THE URBAN SEARCH

AND RESCUE TASK FORCE MAY BE ELIGIBLE TO RECEIVE GRANTS,

DONATIONS OF EQUIPMENT AND SUPPLIES AND OTHER FUNDS FROM ANY

SOURCE.

(2) AS AN AGENT OF THE COMMONWEALTH, AN URBAN SEARCH AND

RESCUE TASK FORCE OR REGIONAL COUNTERTERRORISM TASK FORCE IS

ENTITLED TO TAX-EXEMPT STATUS FROM THE FEDERAL GOVERNMENT.

(3) BEGINNING FISCAL YEAR 2024-2025 AND EACH YEAR

THEREAFTER THROUGH FISCAL YEAR 2027-2028, $6,000,000 OF THE

AMOUNT APPROPRIATED TO THE DEPARTMENT OF COMMUNITY AND

ECONOMIC DEVELOPMENT FOR LOCAL MUNICIPAL EMERGENCY RELIEF

SHALL BE ALLOCATED TO THE AGENCY AS FOLLOWS:

(I) THIRTY-THREE PERCENT OF THE ALLOCATION SHALL BE

DISTRIBUTED ANNUALLY TO SUPPORT NONFEDERAL MISSIONS

WITHIN THIS COMMONWEALTH THAT ARE PERFORMED BY AN URBAN

SEARCH AND RESCUE TASK FORCE ESTABLISHED WITHIN THIS

COMMONWEALTH BY THE FEDERAL GOVERNMENT.

(II) THIRTY-THREE PERCENT OF THE ALLOCATION SHALL BE

DISTRIBUTED ANNUALLY AMONG THE URBAN SEARCH AND RESCUE

TASK FORCES ESTABLISHED UNDER SUBSECTION (A)(1), AT THE

DISCRETION OF THE AGENCY, BASED ON AN ASSESSMENT OF THE

NEEDS OF THE COMMONWEALTH.

(III) THIRTY-THREE PERCENT OF THE ALLOCATION SHALL

BE DISTRIBUTED ANNUALLY TO THE URBAN SEARCH AND RESCUE

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TASK FORCE ESTABLISHED UNDER SUBSECTION (A)(2).

(IV) ONE PERCENT OF THE ALLOCATION SHALL BE RETAINED

BY THE AGENCY FOR ADMINISTRATIVE COSTS.

§ 7215. Specialized Statewide response teams.

(a) Establishment.--The Commonwealth may establish one or

more specialized Statewide response teams. These specialized

statewide response teams shall also provide professional,

logistical, material and other forms of support to the regional

counterterrorism task forces and specialized regional

counterterrorism response teams organized in this Commonwealth.

The Commonwealth may enter into an agreement with a One Call

System as defined in the act of December 10, 1974 (P.L.852,

No.287), referred to as the Underground Utility Line Protection

Law, for the provision of specialized communications services.

(b) Organization and responsibilities.--Specialized

Statewide response teams shall be organized in accordance with

guidelines developed by the Commonwealth in consultation with

applicable Federal or State agencies.

only be activated and deployed to the scene of a disaster by the

Governor, the Governor's designee or an official designated by

the appropriate regional counterterrorism task force.

§ 7216. Grant program.

(a) Authorization.--The agency may make grants to regional

counterterrorism task forces, specialized regional

counterterrorism response teams, specialized Statewide response

teams and urban search and rescue task forces to assist them in

carrying out this chapter, including entering into letters of

agreement or mutual aid agreements or providing mutual aid.

(b) Grants and funding.--Regional counterterrorism task

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forces, specialized regional counterterrorism response teams,

specialized Statewide response teams and urban search and rescue

task forces may receive grants and funding from the Federal

Government and the Commonwealth through application to the

agency or other entity providing grants or funding for the

purposes of this chapter.

the extent that funding is available.

§ 7217. Miscellaneous provisions.

(a) Immunity from liability.--The provisions of 42 Pa.C.S. §

8331 (relating to medical good Samaritan civil immunity), 8332

(relating to emergency response provider and bystander good

Samaritan civil immunity) or 8332.4 (relating to volunteer-in-

public-service negligence standard) shall apply to a member of a

specialized regional counterterrorism response team, an urban

search and rescue task force or a specialized Statewide response

team and an individual who provides logistical, material or

other forms of emergency response support to a team or task

force during activation or deployment of a team or task force to

a potential or actual disaster or while engaged in a task force

or team drill or training exercise.

(b) Effect on workers' compensation premiums.--Nothing in

this chapter shall be construed to permit an insurer to raise

workers' compensation premiums due to the participation or

membership of a county, municipality, volunteer service

organization, individual or employer on a regional

counterterrorism task force, specialized regional

counterterrorism response team, specialized Statewide response

team or urban search and rescue task force.

§ 7218. Commonwealth indemnification.

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The Commonwealth shall indemnify a county or municipality for

costs related to damaged county or municipal property that

results from participation in a regional counterterrorism task

force, specialized regional counterterrorism response team or

specialized Statewide response team response only when all of

the following conditions are met:

(1) The county or municipality is responding upon

activation or deployment by the Governor.

(2) The damage to county or municipal property occurs

outside of the primary regional counterterrorism response

zone.

(3) The county's or municipality's insurance does not

cover the property damage.

(4) The property damage was not caused by the willful

misconduct of the county or municipality or any of its

employees or agents.

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

§ 7605. Construction.

For purposes of Article VI of the compact, "officers or

employees of a party state" shall be construed to include urban

search and rescue task forces as defined in section 7202

(relating to definitions) that are assets of the Federal

Emergency Management Agency or Pennsylvania Emergency Management

Agency and the components, subgroups and regional elements of

the task forces based in this Commonwealth.

Section 3. Repeals are as follows:

(1) The General Assembly finds that the repeals under

paragraphs (2) and (3) are necessary to effectuate the

addition of 35 Pa.C.S. Ch. 72.

(2) The definitions, excluding the definitions of

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"department" and "local health department," in section 102 of

the act of December 16, 2002 (P.L.1967, No.227), known as the

Counterterrorism Planning, Preparedness and Response Act, are

repealed.

(3) Chapter 2 of the Counterterrorism Planning,

Preparedness and Response Act, is repealed.

Section 4. The addition of 35 Pa.C.S. Ch. 72 is a

continuation of Chapter 2 of the act of December 16, 2002

(P.L.1967, No.227), known as the Counterterrorism Planning,

Preparedness and Response Act. The following apply:

(1) Except as otherwise provided in 35 Pa.C.S. Ch. 72,

all activities initiated under Chapter 2 of the

Counterterrorism Planning, Preparedness and Response Act,

shall continue and remain in full force and effect and may be

completed under 35 Pa.C.S. Ch. 72. Orders, regulations, rules

and decisions which were made under Chapter 2 of the

Counterterrorism Planning, Preparedness and Response Act and

which are in effect on the effective date of this section

shall remain in full force and effect until revoked, vacated

or modified under 35 Pa.C.S. Ch. 72. Contracts, obligations

and collective bargaining agreements entered into under

Chapter 2 of the Counterterrorism Planning, Preparedness and

Response Act are not affected nor impaired by the repeal of

Chapter 2 of the Counterterrorism Planning, Preparedness and

Response Act.

(2) Except as specified in paragraph (3), any difference

in language between 35 Pa.C.S. Ch. 72 and Chapter 2 of the

Counterterrorism Planning, Preparedness and Response Act is

intended only to conform to the style of the Pennsylvania

Consolidated Statutes and is not intended to change or affect

20230HB0843PN2449 - 19 -

the legislative intent, judicial construction or

administration and implementation of Chapter 2 of the

Counterterrorism Planning, Preparedness and Response Act.

(3) Paragraph (2) does not apply to the addition of the

following provisions:

(i) The definitions of "DISASTER MORTUARY RESPONSE

TEAM," "NIMS" and "urban search and rescue task force" in

35 Pa.C.S. § 7202.

(ii) 35 Pa.C.S. § 7212(b).

(iii) 35 Pa.C.S. § 7214(a), (b), (d) and (g).

(iv) 35 Pa.C.S. § 7215(c).

Section 5. This act shall take effect in 60 days.

20230HB0843PN2449 - 20 -

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