PRIOR PRINTER'S NOS. 1046, 2449
PRINTER'S NO. 2748
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 AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 19, 2024
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.
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
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SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
7201. Scope of chapter.
7202. Definitions.
7203. Joint State Government Commission study.
ยง 7201. Scope of chapter.
This chapter relates to counterterrorism planning,
preparedness and response.
ยง 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
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task force's specialized regional counterterrorism response
team.
(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.
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"PEMA." The Pennsylvania Emergency Management Agency.
"Regional counterterrorism task force." A complement of
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
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guidelines.
"Volunteer service organization." A volunteer fire company,
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).
ยง 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.
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(12) One emergency management coordinator each from
western, eastern and central Pennsylvania.
(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.
(c) Conduct and assessment.--The commission shall:
(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
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preparedness standards provided by NIMS.
(ii) Security measures and response plans in place
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.
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(ix) The current protocols, capabilities or needs
for hazardous material surveys, extraction and cleanup.
(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
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of areas or regions in this Commonwealth that lack resources in
accordance with the policies and procedures of the National
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.
ยง 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
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regional counterterrorism task forces and specialized
regional counterterrorism response teams and the respective
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
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regional counterterrorism response teams that may include
standards for the administration, composition, training and
equipping of the teams.
ยง 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.
(c) Meetings.--Regional counterterrorism task force meetings
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).
ยง 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
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shall establish primary and secondary regional response zones
within this Commonwealth for specialized regional
counterterrorism response teams. The regional response zones may
consist of multiple counties or portions of several adjoining
counties as determined by the agency.
(c) Activation and deployment.--A specialized regional
counterterrorism response team may be activated and deployed by
the Governor, the Governor's designee or an official designated
by the appropriate regional counterterrorism task force.
ยง 7214. Urban search and rescue task forces.
(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
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.
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(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.
(c) Organization.--An urban search and rescue task force
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. ยง 5121 et
seq.), the Federal Response Plan or its successor, Emergency
Management Assistance Compact missions under Chapter 76
(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
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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.--
(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
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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
task force established under subsection (a)(2).
(iv) One percent of the allocation shall be retained
by the agency for administrative costs.
ยง 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.
(c) Activation.--Specialized Statewide response teams may
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.
ยง 7216. Grant program.
(a) Authorization.--The agency may make grants to regional
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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
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.
(c) Limitation.--Grants shall only be made by the agency to
the extent that funding is available.
ยง 7217. Miscellaneous provisions.
(a) Immunity from liability.--The provisions of 42 Pa.C.S. ยง
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
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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.
ยง 7218. Commonwealth indemnification.
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:
ยง 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
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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
"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
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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
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. ยง 7202.
(ii) 35 Pa.C.S. ยง 7212(b).
(iii) 35 Pa.C.S. ยง 7214(a), (b), (d) and (g).
(iv) 35 Pa.C.S. ยง 7215(c).
Section 5. This act shall take effect in 60 days.
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.
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7203. JOINT STATE GOVERNMENT COMMISSION STUDY.
ยง 7201. SCOPE OF CHAPTER.
THIS CHAPTER RELATES TO COUNTERTERRORISM PLANNING,
PREPAREDNESS AND RESPONSE.
ยง 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.
(2) WORKERS' COMPENSATION AND DEATH BENEFITS.
(3) MEMBER PARTICIPATION IN TRAINING EXERCISES, DRILLS
AND ACTUAL ACTIVATION AND DEPLOYMENT.
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"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) 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
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:
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(1) A COMPLEMENT OF INDIVIDUALS ESTABLISHED BY A
REGIONAL COUNTERTERRORISM TASK FORCE AND ORGANIZED IN
ACCORDANCE WITH STANDARDS DEVELOPED BY THE AGENCY IN
ACCORDANCE WITH APPLICABLE FEDERAL OR STATE GUIDELINES 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.
"SPONSORING AGENCY." A MUNICIPALITY, COUNTY OR VOLUNTEER
SERVICE ORGANIZATION THAT HAS AN AGREEMENT WITH THE AGENCY TO BE
THE SPONSOR OF AN URBAN SEARCH AND RESCUE RESPONSE TEAM OR
SPECIALIZED REGIONAL COUNTERTERRORISM RESPONSE TEAM.
"URBAN SEARCH AND RESCUE RESPONSE TEAM." A MULTIDISCIPLINED
COMPLEMENT OF INDIVIDUALS ORGANIZED BY THE AGENCY IN ACCORDANCE
WITH STANDARDS DEVELOPED BY THE AGENCY AND FEMA, CONSISTENT WITH
NIMS GUIDELINES, TO PROVIDE EMERGENCY RESPONSE AND SEARCH AND
RESCUE CAPABILITIES AND RESOURCES AT THE SCENE OF A DISASTER.
"VOLUNTEER SERVICE ORGANIZATION." A VOLUNTEER FIRE COMPANY,
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
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DEFINITIONS).
ยง 7203. JOINT STATE GOVERNMENT COMMISSION STUDY.
(A) DUTY.--THE COMMISSION SHALL CONDUCT A COMPREHENSIVE
STUDY AND ASSESSMENT OF THE COMMONWEALTH'S URBAN SEARCH AND
RESCUE CAPABILITIES.
(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 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 ADMINISTRATOR OR A DESIGNEE.
(12) THE PRESIDENT, OR A DESIGNEE OF THE PRESIDENT, OF
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS IN A FIRE
COMPANY IN A CITY THAT IS A SPONSORING AGENCY UNDER SECTION
7386(A)(1)(V)(A) (RELATING TO STATE FIRE ADVISORY BOARD).
(13) THE PRESIDENT, OR A DESIGNEE OF THE PRESIDENT, OF
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS IN A FIRE
COMPANY IN A CITY OF THE FIRST CLASS.
(14) ONE EMERGENCY MANAGEMENT COORDINATOR EACH FROM
WESTERN, EASTERN AND CENTRAL PENNSYLVANIA.
(15) A REPRESENTATIVE OF THE PENNSYLVANIA ASSOCIATION OF
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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 EXECUTIVE BOARD OF THE
PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP COMMISSIONERS.
(20) THE SPONSORING AGENCY CHIEF OR A DESIGNEE OF
PENNSYLVANIA TASK FORCE 1.
(21) A REPRESENTATIVE OF THE PENNSYLVANIA FIRE ADVISORY
BOARD.
(22) A REPRESENTATIVE OF THE PENNSYLVANIA CAREER FIRE
CHIEFS ASSOCIATION.
(23) A REPRESENTATIVE OF THE PENNSYLVANIA FIRE AND
EMERGENCY SERVICES INSTITUTE.
(24) A REPRESENTATIVE OF THE AMBULANCE ASSOCIATION OF
PENNSYLVANIA.
(25) THE EXECUTIVE BOARD CHAIRPERSON OR A DESIGNEE OF
EACH OF THE REGIONAL TASK FORCES.
(26) A REPRESENTATIVE OF THE COUNTY COMMISSIONERS
ASSOCIATION OF PENNSYLVANIA.
(27) THE PRESIDENT, OR A DESIGNEE OF THE PRESIDENT, FROM
THE PENNSYLVANIA PROFESSIONAL FIREFIGHTERS ASSOCIATION.
(C) CONDUCT AND ASSESSMENT.--THE COMMISSION SHALL:
(1) CONDUCT THE STUDY BY REVIEWING THE FOLLOWING:
(I) IN CONSULTATION WITH PEMA, THE OVERALL EMERGENCY
RESPONSE SYSTEM PLAN FOR THIS COMMONWEALTH IN ACCORDANCE
WITH NIMS STANDARDS AND GUIDELINES.
(II) THE CURRENT CAPABILITIES OF PENNSYLVANIA TASK
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