ML19322C523

Act of State of Pa,Sr 1104,amending Title 35 (Health & Safety) of PA Consolidated Statutes,Adding Provisions Re Emergency Mgt Svc & Making Repeals

ML19322C523
Person / Time
Site:	Crane
Issue date:	11/26/1978
From:	Shapp M PENNSYLVANIA, COMMONWEALTH OF
To:
References
TASK-TF, TASK-TMR 1978-323, NUDOCS 8001170852
Download: ML19322C523 (30)

Text

_ _

No.1978-323 Q

AN ACT Sil l104 Amending Titic 35 (llealth and Safety)ofIhe Penns)lsania Consolidated Statutes, adding provisions relating to Emergency Management Services and making repeals.

TAlli.E OF CONTENTS l

TITI.E 35 ilEAI.Til AND SAFETY I

PART V.

EMERGENCY M ANAGEMENT SERVICES Chapter 71. General Provisions Subchapter A.

Preliminary Provisions i

@ 7101. Short title of part.

@ 7102. Definitions.

1. 7103. Purposes of part.

@7104. I.imnations.

Subchapter 11.

Interstate Civil Defense and Disaster Compact

1. 71I1. Interstate civil defense and disaster compact enacted.

l Chapter 73. Commonwealth Services Subchapter A.

The Gosernor and Disaster Emergencies

@ 7301. General authority of Governor.

@ 7302. Temporary housing.

{7303. Debris and wreckage removal.

Q 73N. Community disaster loans.

Q7305. Indisidual and family assista ace.

@7306. Appropriation of Federal funds.

l g

y7307. Use and appropriation of unused Commonwealth funds.

Q7308. I.aws suspended during emergency assignments.

t Subchapter 11.

Pennsylvania Emergency Management Agency t

i Q 7311. Creation.

{ 7312. Organiration.

Q 7313. Powers and duties.

I 67314. Utilization of existing services and facilities.

Chapter 75. Local Organiiations and Sersices l

Subchapter A.

General Provisions

%7501. General authority of political subdivisions.

1 Q 7502. I.ocal coordinator of emergency management.

800117085 7

!j m

s y4 y g g,w y iv.

1 A

ga

. 5'

, ( 3,.

StillCll API'ER A G

PREl.lMIN ARY PROVISIONS

,..v Sec. 7101. Short title of part.

7102. Definitior' 7103. Purposes of part.

7104.

1. imitations.

Q 7101, Short title of part.

This part shall be known and may be cited as the " Emergency Management Services Code."

Q 7102. Definitions.

The following words and phrases when used in this part shall have, unless the context clearly indicates otherwise, the meanings gisen to them in this section:

"A ency." The Pennsylvania Emergency Management Agency.

F "Co u ncil." The Pennsylvania Emergency Management Council.

" Disaster." A man-made disaster, natural disaster or war-caused d isaster.

" Disaster emergency." Those conditions which may by investi ation F

made, he found, actually or likely, to:

(1) affect seriously the safety, health or welfare of a substantial number of citirens of this Commonwealth or preclude the operation or

(,

use of essential public facilities; (2) be of such magnitude or severity as to render essential State supplementation of county and local efforts or resources exerted n utilized in alleviating the danger, damage, suffering or hardship faced; and (3) hase been caused by forces beyond thecontrolof man,by reason of civil disorder, riot or disturbance, or by factors not foreseen and not known to exist when appropriation bills were enacted.

" Emergency management." The judicious planning, assignment and coordination of all available resources in an integrated program of prevention, mitigation, preparedness, response and recovery for emergencies of any kind, whether from attack, man-made or natural sources.

" Emergency services." The preparation for and the carrying out of functions, other than functions for which military forces are primarily responsible, to present, minimire and provide emergency repair of injury and damage resulting from disasters, together with all other activities necessary or incidental to the preparation for and carrying out of those functions. The functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, disaster warning services, communications, radiological, shelter, chemical and

-~~

other special weapons defense, evacuation of persons from stricken areas,

[M' emergency welfare services, emergency transportation, emergency c

c 3[. ;

~

D);W..

M \\\\

i I

s7503. Powers and duties of political subdivisions.

Q7504. Coordination, assistance and mutual aid.

i.. e Subchapter 11. Payment of Expenses Q7511. Appropriations by political subdivisions.

6 7512. 1.aw applicahic to local organizations.

6 7513. Agreements among political subdivisions.

67514. Payments involving one political subdivision.

Q 7515. Payments involving two or more political subdivisions.

i Chapter 77. Misccllaneous Provisions

$7701, Duties concerning disaster prevention.

Q7702. Acceptance of services, gif ts, grants and loans.

Q7703. Interstate arrangements.

t 77M. Immunity from civil liability.

A7705. Special powers of local agencies.

s7706. Compensation for accidental injury.

$7707. Penalties.

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

Section 1.

Title 35, act of Nosember 25,1970 (P.I. 707, No.230),

known as the Pennsylvania Consolidated Statutes,isamended by addinga part to read:

TITI.E 35 IIE AI.Til AND SAFETY i

~

Part V.

Emergency Management Services Pall F V EMEltGENCY M ANAGEMENT SEltVICES Chapter i

71. General Provisions l

73. Commonwealth Services

75. l.ocal Organizations and Services

77. Miscellaneous Provisions CII APTElt 71 GENEll AI. PitOVISIONS Subcha,nter A.

Preliminary Provisions

11. Interstate Civil Defense and Disaster Compact

a resources management, esisting or properly assigned functions of plant protection. temporary restoration of public utility sersiccs and other functions related to civilian protection.

"1.ocal emergency." The condition declared by the local goserning O

body when in their judgment the threat or actualoccurrence of a disaster is or threatens to be of sufficient sescrity and magnitude to warrant coordinated loca! gosernment action to present or alleviate the damage, loss, hardship or sulfering threatened or caused therchy. A localemergency arising wholly or subuantially out of a resource shortage may he declared only by the Goscrnor, upon petition of the local governing body, when he deems the threat or actual occurrence of a disaster to be of sufficient severity and magnitude to warrant coordinated localgovernment action to prevent or alleviate the damage, loss, hardship or sullering threatened m caused therchy.

"1.ocal organi/atmn." A h> cal emergency management organi/ation transportation

,7

" Man made d isast er."

Any industrial, nuclear or accident, explosion, conflagration, power f ailu re, natural resource shortage or other cond: tion, except enemy action, resulting from man-made causes, such as oil spills and other injmious ensironmental contamination, which threatens or causes substantialdamage to property, human sulfering, hardship or loss of life.

C " Natural disaster." Any hm ricane, tornado, storm, flood, high water, wind-driven water, tidal wase, earthqua ke, landshde, mudslide, snowstorm, droughi, fire, esplosion or other catastrophe which results in substamial damage to property.handship,sulfering or possibleloss of hie.

" Political subdisision." Any county, cit s horough, incorporated tow n or township.

" Resource shortage."

'I he absence, unavailability or ieduced su pply of any raw or processed natural resource, or any commodities, goods or services of any kind which hear a substantial relationship to the health, safety, welfare and economic w ell-being of the citizens of this Commonwealth.

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

Q 7103. Purposes of part.

'Ihe purposes of this part are to:

(1) Reduce vulnerability of people and communities of this Commonwealth to damage injury and loss oflifeand prop,:rty resulting from disasters.

(2) Prepare for prompt and ef ficient rescue, care and treatment of pessons victimited or thicatened by disaster.

(3) Provide a setting conducise to the rapid and orderly start of restoration and rehabilitation of persons and property allected by disasters.

L _'_h I D

(4) Clarily and st rengthen the roles of the (imernor.

Commonwealth agencies and local government in presention of.

preparation for. response to and reemery f rom disasters.

O (5) Authorire and provide for cooperation in disaster presention.

preparedness, respome and reemery.

(6) Authori/e and provide for coordination of actisities relating to disaster prevention. preparedness, response and recovery by agencies and officers of this Commonwealth.and similar State-localand Federal-State activities in w hich the Commonwealth and its political suhdivisions participate.

(7) Provide a disaster management system emhodying all aspects of predisaster preparedness and postdisaster response.

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

(9) Supplement, without in any way limiting. authority conferred by presious statutes of this Commonwealth and increase the capability of the Commonwealth and local agencies hasing respomihilities tot cisil defense to perform both civil defense and disaster services.

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

(11) Further programs of education and training.

(12) Establish integrated communications capabilities and warning systems.

6 7104.

1. imitations.

This part is not intended to:

(1) Interfere with the course or conduct of a labor dispute.escept that actions otherwise authorized by this part or other laws may he taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.

(2) Affect the jurisdiction or responsibilities of police lprecs, firefighting fo.ces. units of the armed forces of the United States or of any personnel theteof when on actise duty except that Commonwealth and local disaster emergency plans shall place reliance upon the forces available for performance of functions related todisasteremergencies.

(3) 1.imit, modify or abridge the authority of the (iovernor to proclaim martiallaw or exercise any cther powers sested in him under the Constitution, statutes or common law of this Commonwealth independent of, or in conjunction with, any provisions of this part.

SUBCil APT ER 11 INTERSTATE civil. DEFENSE ANI) 1)lSAS~l ER COMPACI S ec. 7111. Interstate cisil defense and disaster compact enacted.

s 7111. Interstate civil defense and disaster coripact enacted.

'lhe Interstate Cisil Defense and thsaster Compact is hereby enacted L

-){

hh.

i

('

ggL s uu.=

l

into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:

~

Article I The purpose of Ihis compact is to provide mutual aid among ihe States in O

meeting any emergency or disaster from enemy attack or other cause (natural or otherwise), including sabotage and subversive acts and direct attacks by bombs, shellfire and atomic, radiological, chemical, bacteriological means and other weapons.The prompt, full and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutualaid to bedeseloped among the civil defense agencies or similar bodies of the States that are parties hereto.

The directors o f civildefense of all pa rty States shall eonstit ute a committee

.~

to formulate plans and to takeallnecessary steps for the implementation of this compact.

Article 2 It shall be the duty of each party State to formulate civil defense plans and programs for application within such State. There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs. the party States shall, so far as possible, provide and follow u. form standards, practices and rules and regulations including:

(a) Insignia, arm bands M any other distinctive articles to designate and distinguish the different ovil defense services.

(b) 131ackouts and practice blackouts, air raid drills, mobilization of civil defense forces, and other tests and exercises.

(c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith.

(d) The effective screening or extinguishing of all lights and lighting devices and appliances.

(e) Shutting off water mains, gas mains, electric power connections, and the suspension of all other utility services.

(f) All materials or equipment used or to be used for civil defense pu rposes in order to assure that such materials and equipment w ill be casily and freely interchangeable when used in or by any other party State.

(g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic prior, during and subsequent to drills or attacks.

(h) The safety of public meetings or gatherings.

i.,s (i) Mobile support units.

-a wrai'f _'.i{

J

Arikle 3 Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources coscred by this compact in accordance with the terms hereof: l'rovided, 'i hat it is understood that the State rendering aid may withhok! resources to the extent necessary to provide reasonable protection for such State. Each party State shall extend to the cisildefense forces of any other party State while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest, unless specihcally authoriicd by the receising State), duties. rights. privileges and immunities as if they were performing their duties in the State in which normally employed or rendering sers icesTisildelense forces uill continne under the command and control of their regular leaders but the organi/ational units will come under the operational control of the cisit defense authoritics of the State receiving assistance.

Article 4 Wheneser any person holds a license. certificate or other permit iwued by any State evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall gise due recognition to such license, certificate or other perrr.it as ifissued in the State in which aid is rendered.

'+

Article 5 No party State or its of ficers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omiwion in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith.

Article 6 Inasmuch as it is probable that the pattern and detail of the machinery for mut ual aid among tw o or more States may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States.Such supplementary agreements may comprehend but shall not be limited to prosisions for evacuation and reception of injured and other persons and the exchange of medical, fire police public utility, reconnaiwance, welfare, transportation and communications personnel, equipment and supplies.

Article 7 Each party State shall proside for the pasment of compensation and iP death benefits to injured members of the cisit defense forces of that State L

p, i

am

I l

and the scpresentatises 01 deceased members of such i~orces in case such

[

members sustain injuries or are killed while rendering aid pursuant to this i

compact in the same manner and on the same term 3 asif the injury or death b

i f

were sustained within such State.

Article 8 f

Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or l

damage to or expense incurred in the operation of any equipment answering a reques: for aid and for the cost incurred in connection with such requests: Provided,'l hat any aiding party State may assume in w hole or in part such loss, damage, expense or other cost, or may loan such equipment or donate such sersiees to the recciving party State without charge or cost: And, provided further, That any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States.The United States Gosernment may relieve the party State receiving aid Irom any liability and reimburse

~

the party State supplying cisil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consu med.

Article 9 Plans for the orderly evacuatian.o.d reception of the civilian population as the result of an emergency or disaster Jnll be worked out from time to time between representatises of the party States and the sarious localcisit defense areas thereof. Such plans shallinclude the manner of transporting such evacuees, the number of evacuees to be received in different at eas,the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuces, the prosiding oflacilhies for the notification of relatives or friends and the forwarding of such evacuees to other areas,or the bringing in of additional materials, supplies and all other relevant factors. Such plans shall provide that the party State receising evacuees shall be reimbursed Fenerally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and I.ke items.

Such expenditures shall be reimbursed by the party State of which the evacuees are residents or by the United States Gosernment under plans approved by it. After the termination of the emergency or disaster the party State of w hich the evacuees are resident shall assume the responsibility f or the ultimate support or repatriation of such evacuees.

Article 10 l

This compact shall be available to any State, territory or possession of

'^'

g' O) g gx"h Ii m ;o w-J dj G l u

the linited States and the liistrict of Columbia. I he teim" State" mas also include any neighbosing foreign count y os prmince ne state thescot.

G

s... s Article 11

'lhe committee established pursuant to Article I of this compact may request the Civil Defense Agency of the linited States Gmernment to act as an informational and coordinating body under this compact and representatives of such agency of the United States Government may attend meetings of such committee.

Article 12 This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying.aad shall be suhicct to approval by Congress unless prior Congrewional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall.at the time of their approval, he deposited with each ofIhe party States and with Ihe Cisil Defense Agency and other appropriate agencies of the linited States Gmernment.

Article 13

'I his compact shall continue in force and remain hinding on each party State until the 1.cgislatme or the Governor of such party State takes action to w ithdraw theref rom. Such action shali not he effectise until 30 da p atter notice thereof has been sent by the Gmernor of the party State desiring to withdraw to the Gmctnors of all other party States.

Article 14

'Ihis compact shall be construed to effectuate the purposes stated in Article 1. If any provision of this ecmpact is declared unconstitutionalor the applicability thereof to any person or circumstance is held invalid,the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not heaf fected therchy.

CHAPTER 73 CONF Af ONWE Al.Til SERVICES Subc hapter A.

't he Governor and Disaster Emergencies II. I ennsylvania Emergency hianagement Agency SUllCII API FR A Tile GOVERNOlt AND DISAS~l ER EMFRGENCIES Sec. 7301. General authority of Gmernor.

7302. Temporary housing.

7303. Debris and wreckage removal.

_n 2

,o 7304. Community disaster loans.

7305. Individual and family assistance.

V, 7306. Appropriation of Federal funds.

7307. Use and appropriation of unused Commonwealth funds.

O 7308. Laws suspended during emergency assignments.

07301. General authority of Governor.

(a) Responsibility to meet disasters.-The Governor is responsible for meeting tiic dangers to this Commonwealth and people presented by disast ers.

(b) Executive orders, prelamations and regulations.-Under this part the Governor may issue,.: mend and rescind executive orders, procamations and regulations which shallhave the force and effect oflaw.

(c) l>eclaration of disaster emergency.- A disaster emergency shall be declared by executive order or proclamation of the Governor upon finding that a disaster has occurred or that the occurrence or the threat of a disaster is imminent. The state of disaster emergency shall continue until the Governor finds that the threat ordanger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist and terminates the state of disaster emergency by executive order or proclamation, but no state of disaster emergency may continue for longer than 90 days unless renewed by the Governor.The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time. Thereupon, the Gosernor shall issue an executive order or V

proclamation ending the state of disaster emergency. Allexecutive orders or proclamations issued under this subsection shall indicate the nature of

. the disaster, the area or areas threatened and the conditi which have brought the disaster about or which make possible ter..... tion of the state of disaster emergency. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the i

attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, shall be promptly filed with the Pennsylvania Emergency Management Agency and the Legislatise Reference Bureau for publication under Part 11 of Title 45 (relating to publication and effectiveness of Commonwealth documents).

(d) Activation of disaster response.-An executive order or proclamation of a state of disaster emergency shall activate the disaster response and recovery aspects of the Commonwealth and local disaster emergency plans applicable to the political subdivision or area in question and shall be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment and materials and facilities assembled, stockpiled or arranged to be made available pursuant to this part or any other provision of !aw relating to disaster emergencies.

(e) Commander in chief of military forces.-During the continuance of any state of disaster emergency, the Governor is commander in chief of the w

Pennsylvania military forces. To the greatest extent practicable, the t

e

O #Tih (M.Jg

',m'.

lj D

L g6 W-W' a o

Governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or regulations,but G

this does not restrict Ihe authority of the Governor to do so by orders issued at the time of the disaster emergency.

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

(1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct of Commonwealth business, or the orders, rules or regulations of any Commonwealth agency,if strict compliance with the prosisions of any statute, order, rule or regulation would in any way

' -' ~

prevent, hinder or delay necessary action in coping with theemergency.

(2) Utilire all available resources of the Commonwealth Government and each political subdisision of this Commonwealth as reasonably necessary to cope with the disaster emergency.

(3) Transfer the direction.personnelor functions of Commonwealth agencies or units thercol for the purpose of performing or facilitating emergency services.

(4) Subject to any applicable requirements for compensation under section 7313(10)(rehting to powers and dutiest, commandeer or utilire any private property if necessary to cope with the disaster emergency.

(5) Dirca and ccmpel the evacuation of allor part of the population from any stricken or threatened area within this Commonwealth if this action is necessary for the preservation of life or other disaster j

nutiganon, response or recoscry.

j (6) Prescribe routes, modes of transportation and destmations in connection with esacuation.

(7) Cor. trol ingress and egress to and from a disaster area, the movement of persons within the area and ti.e occupancy of premises therein.

l (8) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosises and combustibles.

j s7302. Temporary housing.

(a) Authority of Gosernor.-Whenever the Gosernor has proclaimed a disaster emergency under this part, or the i resident has declared an emergency or a major disaster to exist in this Commonwealth, the Gosernor is authorized:

(1) To enter into purchase, lease or other arrangements with ans l'ederal agency for temporary housing units to be occupied by disast.r victims and to make the units available to any political subdivision of this Commonwealth named as a party to the emergency or disaster declaration.

(2) To assist an'. political subdivision of this Commonwealth which is the locus of temporary housing for disaster victims to acquire sites

..emary for such temporary housing and to do all things required to

)

prepare such sites to.ceive and utilire temporary housing units by:

(i) advancing c lending funds available to the Governor fromany P

4 O Or s !:

s 0

appsopriation made by the General Assembly or f rom any other source; (ii) " passing through" funds made available by any agency, public or private; or (iii) becoming a copartner with the political subdivision far the execution and performance of any temporary housing for disaster victims project; and for such purpmes to pledge the credit of the Commonwealth on such terms as the Gmernor deems appropriate having due regard for current debt transactions of the Commonwealth.

(3) linder such regulations as the Governor shall prescribe, to temporarily suspend or modify for not to exceed 60 days any public

-~

health, safety. /oning, transportation (within or across this Commonwealth) or other requirement of statute or regulation within this Commonwealth when by proclamation the Gmernor deems the suspemion or modification essential to prmide temporary housing for disastes sictims.

(h) Acquisition of sites by political subdivisions. Any political subdisision of this Commonwealth is expressly authorized to acquire.

temporarily or permanently. hy purchase. leasc or otherwise. sites required for installation of temporary housing units for disaster sictims.and to enter into whateser arrangements which are necessary to papare or equip the sites to utili/c the housing units.

(c) Construction of sectmn.

'I his section does not limit the authority of the Governor to apply for, administer and expend any grants, gilis or

, payments in aid of disaster presention, preparedness. s csponse ur recm gry.

(d) I)cfinitions. As used in this section " major. disaster."

" emergency" and " temporary housing" shall hase the same meanings as defined or used in the l'ederal1)isaster llelief Act of 1974(Public l.aw 93-28M. 42 ILS.C. # 5121 et seq.).

1. 7303. I)chris and wreckape removal.

(a) Authority of Gmernor. Whenever the Gmernor has declared a disaster emergency to exist under this part, or the President.at the request of the Governor, has declared a major disas.cr oremergency toexist in this Commonv calth, the Governor is authori/ed:

11) Notwithstanding any other provision of law, through the use of Commonwealth agencies or instrumentalities, to clear or remove f rom publicly or privately owned land or water. debris and wreckage which may ti-iten public health or safety, or public or private property.

(2; accept funds from the l'ederal Gmernment and utili/c the f unds to make grants or to reimburse any political subdivision for the purpose of remming debris or wreckage from publicly or privately owned land or wates.

(b) Authority ol Commonw ealth pes sonnel. Wheneser the Gmernor pimides for clearance of debris or wreckage pursuant is, subsection (a).

emp!oyees of the desipnated Commonwealth agencies or individuals l

on o n l

G Ql

!f f'

l gea+u -

appmnted t y Ihe Commonwealth.uc autinn ucd ioemca upon pi nate lan.1 or waters and pedorm any tasks necewo) to the rennnal or ticarance operiitmn.

9 (c) Nonliability of Commonwealth personnel. Except in cases of willful misconduct, gross negligence or had laith, any Commonwealth employee or agent complying with and performing duties pursuant to orders of the Governor under this section shall not he liable f or death of or injury to persons or damage to property.

@ 7304. Community disaster loans.

Wheneser, at the request of the Governor, the President has declared a major disaster to exist in this Commonwealth,the Gosernor is authori/cd:

(1) lipon determining that a political subdivisiod of this Commonwealth will suf fer a substantialloss of tax and other resennes f rom a major disaster and has demoentrated a need for financial assistanee to per form its governmental functions.to apply to the Federal Government, on behalf of the political subdisision. lor a loan and to receive and disburse the proceeds of any approsed loan to anyappheant political subdivision.

(2) To determine the amount needed by any applicant political subdivision to restore or ruume its governmental f unctiom and to certify the amount to the Federal Government. No appheation amount shall exceed 25% of the annualoperating budget of the applicant for the fiscal year in which the maior disaster occurs.

(3) Alter review. recommend to the Federal Gosernment.ae cancellation of all or any part of repayment when,in the first three f ull liscal-> car periods following the major disaster, the resenues of the political subdisision are insullicient to meet its operating expenses including additional disaster-related expenses of a municipal operation cha racter.

1. 7305. Indisidual and f amily assistance.

(a) Grants by Federal Government. -Whenever the President, at the request of the Gosernor, has declared a maior disauer to exist in' this Commonwealth, the Gosernor is authorized:

(1) Upon determining that assistance under the Federal l>isaster Itclief Act of 1974 (Public 1.aw 93-288,42 II.S.C. # 5121 et seq.). and from other means is insufficient to meet the disaster-related necewary j

ex penses or serious needs of individuals or f amilies ads crsely allected by a major disaster, to accept a grant from the Federal Government f or the purpose of meeting the expenses or needs of disaster victims. subject to any terms and conditions imposed upon the grant.

(2) I o enter into an agreement with the Federal Gosernment or any l

Federal agency or olficer pledging the Commonwealth to participate in the funding of the assistance authorized in paragraph (1) and. il Commonwealth funds are not otherwise available to the Governor, to j

accept an advance of the Commonwealth share from the Federal Government to he repaid when the Commonwealth is able to do so.

L u.D u m

l

(b) Grants by Governor.-To implement subsection (a), the Goscrnor is authorized to make grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster declared by the President. Any grant shall not exceed $5,000in the aggregate to an individual or family in any single major disaster.

9 (c) Penalty for false application.-Any person who fraudulently or willfully makes a misstatement of fact in connection with an application for assistance under this section shall be guilty of a misdemeanor of the third d egree.

l

@7306. Appropriation of Federal funds.

All moneys received from the Federal Government for the purpose of disaster assistance or relief, including assistance as specified under sections 7302 (relating to tempora ry housing),7303 (relating to debris and wreckage removal) and 7304 (relating to community disaster loans), shall be paid into the General Fund.

Q 7307. Use and appropriation of unused Commonwealth funds.

Whenever the Governor has declared a disaster emergency, he may transfer any unused funds which may have been appropriated for the L

ordinary expenses of the Commonwealth Government in the General Fund to such Commonwealth agencies as the Governor may direct to be expended for relief of disaster in such m aner as the Governor shall approve, and the funds are hereby appro;..iated to the Governor for such pu rposes. The total of such transfers shall not exceed $5,000,000 in any one year except by action of the General Assembly.

Q7308. Laws suspended during emergency assignments.

In the case of a declaration of a state of emergency by the Governor, Commonwealth agencies may implement their emergency assignments without regard to procedures required by other laws (except mandatory constitutional requirements) pertaining to the performance of nublic w or k, enteringinto contracts.incurringof obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials and expenditures of public funds.

SUBCilAPTFR H PENNSYLVANIA EMERGENCY MANAGEMI- ' AGENCY Sec. 7311. Creation.

7312. Organization.

7313. Powers and duties.

7314. Utilization of existing services and facilities.

6 7311. Creation.

To assure pro mpt, proper and effective discharge of basic l

Commonwealth responsibilities relating to civil defense and disaster I

preparedness, operations and recovery, there is hereby formally created the Pennsylvania Emergency Management Agency.

q I

m,u,w-

% 7312. Orgam/ation.

This agency shall consist of and be organiicd substantially asfollows-

6.,

(a) Council.-Primary responsibility for overall policy and direction 9

of a Statewide civil defense and disaster program and response capability of the type hereinafter prescribed shall be vested in a body legally known as the Pennsylvania Emergency Management Council, which shall be composed of: The Governor, l.ieutenant Governor, Adjutant General, Secretary of flealth Attorney General, Secretary of Community Affairs, Secretary of Environmental Resources, Secretary of Transportation, i

Secretary of Agriculture, Secretary of Public Welfare, Commissioner of the Pennsylvania State Police, Chairman of the Public Utility Commission, Speaker of the flouse of Representatises President pro i

tempore of the Senate, Minority I.eader of the Senate and Minority I.cader of the llouse of Representatives. The Speaker of the llouse of Representatises, President pro tempore of the Senate, Minority 1.cader of the Senate and Minority 1.eader of the flouse of Representatives may authorire a member of their respective flouses of the General Assembly to i

serve in their stead. The Governor may designate a member to serse as chairman. Five members shall constitute a quorum.

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

(c) Regular meetings.-For the conduct of routine business, including 3

particularly the consideration of matters of basic policy, the council shall w

meet at the call of the chairman and at least three times during each calendar year.

(d) Emergency meetings.-In the esent of attack or disaster situations determined actually or likely to be of such nature, magnitude, severity or duration as to necessitate extensise or extraordinary deployment and use of Commonwealth resources for emergency purposes,the chairman shall, within not more than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> immediately following such determination, call the council into emergency session, for consideration of actions taken or to be taken. In the absence of the chairman, notice of such meetings shall be disseminated to the membership by the State director.

(e) State director.-To supervise the work and activities comprising the State Civil Defense and Disaster Program, the council shall employ an individual to act,on a full-time basis,as director of the agency,The director shall serve at the pleasure of the council, shall perform all such fiscal, planning, administrative, operational and other duties as may be assigned to him by the council and shall act as the chairman's principal assistant in civil defense and disaster matters. The director is also the State coordinating officer responsible to coordinate and supervise the Commonwealth and localdisaster response effort following a presidential declaration of an emergency or a major disaster.

(f) Staff,-The counci! shall, within the limitations of appropriations made to the agency, arrange for the employment of such professional, L

~ ih ff (y s "'

im l t M h '.

el n

' Dgh0 L

o s

technical, administrative and other stall personnel as may be deemed essential to the development and maintenance of a Statewide civil defense and disaster plan and program of the type hereinafter prescribed. All such personnel shall be employed and subject to pertinent provisions of the act of August 5,1941 (P.I. 752, No.286),known as the"CivilService Act,"and the Commonwealth Compensation Plan.

(g) Office space, equipment and services.-The agency shall be furnished necessary and appropriate office space, furn;ture, equipment, supplies and services in the same general manner is are other Commonwealth departments and agencies.

(h) Weather communications.-The agency shall maintain an integrated communications capability designed io provide to all areas and counties weather advisories, river forecasts, warnings, and direction and control of all emergency preparedness functions within the Commonwealth.

(i) Administrative provisions - Except as otherwise provided in this part, the agency shall be subject to the provisions of the act of April 9,1929 (P.L.177, No.175), known as "The Administrative Code of 1929."

Q 7313. Powers and duties.

The agency shall have the following powers and duties:

(1) To prepare, maintain and keep current a Pennsylsania Emergency Management Plan for the presention and minimization of injury and damage caused by disaster, prompt and effective response to disaster and disaster emergency relief and recovery. The plan may it.clude provisions for:

(i) Preparedness standards established by the Federal Emergency Management Agency.

(ii) Commonweahn and local disaster emergency management responsibilities.

(iii) Assistance to Commonwealth and local government of ficials in designing emergency management plans and training programs.

(iv) Organization of manpower, chains of command, continuity of government in emergency situations and emergency operational principles.

(v) Coordination of Federal, Commonwealth and local disaster emergency management activities.

(vi) Coordination of the Commonwealth E mergency Management Plan with the disaster plans of the Federal Government and those of other states.

(vii) Assistance to the Commonwealth and local governments in obtaining, utilizing and managing Federal and Commonwealth disaster assistance.

(viii) Supply to appropriate Commonwealth and local officials State catalogs of Federal Commonwealth and private assistance programs.

(ix) Identification of areas particularly vulnerable to disasters.

9 T

W. Q+ & &

g\\\\D 9

unu l

(x) Itecommendations im ioning, buddmg and other I.md-use controls; safety measures pertaining to nonpermanent or semipermanent structmes; resource t onsen sation and alhication; and 9

other presentise and preparednew measures designed to climinate or reduce disasters or their impact.

(xi) A thorization and procedures for the crection or other construction of temporary works designed to protect against or mitigate danger, damage or loss from Hood, conflagration or other disaster.

(2) To establish, equip and stall a Commonwealth and area emergency operations center with a consolidated Statewide system of warning and provide a system of disaster communications integrated j

with those of Federal. Commonwealth and local agencies insohed in disaster emergency operations.

(3) To promulgate, adopt and enf orce such rules, regulations and orders as may be deemed necessary to carry out the prosisions of this pa rt.

(4) To provide technical advice and assistance to Commonwealth agencies and political subdisisions in the preparation of disaster emergency management plans or components thereof and to j

periodically resiew such plans and suggest or require resisions (5) To establish and operate or awist political subdisisions in establishing and operating training programs and programs of public information.

(6) To supply appropriate Commonwealth and local agencies and of ficials and the general public with precautionary notices, watches and warnings relating to actual and potential disasters and to proside a now of officialinformation and instructions to the general public through all means available before during and after an emergency.

, (7) To provide emergency direction and control of Commonwealth and h> cal emergency operations (M) To determine the need for, maintain information regarding and procure materials, supplies, equipment. facilities and sersices necewary for disaster emergency readiness, response and recoscry.

(9) To make or request of Commonwealth or local agencies and ollicials, studies, surseys and reports as are necewary to carry out the purposes of this part.

(10) To plan and make arrangements for the availability and use 01 any private facilities, services and property and,if necessary and ifin fact used, provide for payment for use under terms and conditions agreed upon.

(ll) To prepare. for iwuance by the (iosernor, esecutise orders, proclamations and regulations as necessary or appropriate in coping with disasters.

(12) To cooperate with the Federal (imernment and any public or private agency or entity in achiesing any purpose of this part and in

• s

% *)

f ^

s

/

'h* 4[ 1-i 0

implementing programs for disaster presention, preparation, response and recovery.

(13) To administer grant programs to political subdisisions for disaster management.

(14) To accept and coordinate assistance provided by Federal 9

agencies in major disasters in accordance with the provisions of the Federal Disaster Relief Act of 1974 (Public l_aw 93-288, 42 U.S.C.

6 5121 et seq.), or any amendment or reenactment thereof.

(15) To respond to disaster relating to atomic energy operations or radioactive objects or materials. Any such action taken and any j

regulations adopted by the of fice shall be inapplicable to any objects or materials possessing a radiation-producing capacity less than that set j

forth as the maximum safety limit by the standards endorsed and as may 1

he subsequently endorsed by the United States Nuclear Regulatory Commission for the protection of life and propertyand the maintenance of health and safety.

(16) To take other action necessary, incidental or a ppropriate for ihe implementation of this part.

(17) To report annually to the General Assembly the state of preparedness of the Commonwealth to deal with attack or disaster and those significant events occurring within the past year.

(18) To recommend to the Governor legislation or other actions as deemed necessary in connection with the purposes of this part.

(19) To provide, from its own stockpiles or ot her sources, emergency operational equipment, materials and supplies required and available for essential supplementation of those owned, acquired and used by Commonwealth, county and local departments and agencies for attack and disaster operations.

(20) For a period of 30 days or immediately after an emergency is declared by the Governor, to incur obligations for or purchase such materials and supplies as may be necessary to combat a disaster, protect the health and safety of persons and property and provide emergency assistance to victims of a disaster without complying with formal bidding or other time-consuming contract procedures.

G 7314. Utilization of existing services and facilities.

In order to avoid duplication of services and facilities, the agency shall utilire the services and facilities of existing officers, offices departments, commissions, boards, bureaus, institutions and other agencies of the Commonwealth and of the political subdisisions thereof. These officers and agencies shall cooperate with and extend their services and facilities to the agency as requested.

l

)

l t

u-

CllAPil R 75 1.OCAl. ORGANIZATIONS ANI) SE:tVICES O

Subchapter A.

General Provisions 11.

Payment of Expenses l

SUllCil AP'I ER A GEN ER Al. PROVISIONS Sec. 7501. General authority of political subdisisions.

7502. l.ocal coordinator of emergency management.

7503. Powers and duties of political subdisisions.

7504. Coordination. assistance and mutual aid.

1. 7501. General authority of political subdivisions.

(a) Establishing emergency ma nagemen t organization. Each political subdivision of this Commonwealth is directed and authoriicd to establish a local emergency management organization in accordance with the plan and program of the Pennsylvania Emergency Management Agency. Each local organization shall hase responsibility for emergency management, response and recovery within the territorial limits of the political subdivision within which it is organiicd and, in addition, shall conduct such senices outside of its jurisdictional limits as may be req uired under this part.

(b) Declaration of disaster emergency.- A local disaster emergency may be declared by the governing body of a political subdisision upon finding a disaster has occurred or is imminent. The governing body of a political subdivision may authorire the mayor or other chief executise officer to declare a local disaster emergency subject to ratification by the governing body. 'I he declaration shall not he continued or renewed for a period in excess of sesen days except by or with the consent of the governing body of the political subdivision. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be gisen prompt and general publicity and shall be filed promptly with the agency. The effect of a declaration of a hical disaster emergency is to activate the response and recoscry aspects of any and all applicable local emergency management plans and to authorire the furnishing of aid and assistance thereunder.

(c) Contracts and obligations -In carrying out the provisions of this part. each political subdivision shall have the power toenterintocontracts and incur obligations necessary to disaster emergency management, response and recovery.

(d) Temporary suspension of formal requirements. Each political subdnision included in a declaration of disaster emergency is authorized pursuant to section 730l(c)(relating to general authority of Gosernor) to exercise Ihe powers s ested under this section in Ihe light ofIhe exigencies of l

nev JJuh C, 'O d.

the emergency utualmn w ithout regard to time-consuming pr ocedm es and loi malities prescribed by law (escepting mandatory constitutional requirements) pertaining to the performance of public work, entering into s

contracts, the incurring of obligations, the employment of temporasy workets, the rental of equipment, the purchase of supplies and materials, G

t he levying of ta ses a nd t he a ppropria tion a nd es pendit ure of public lu nds.

(c) Employment of personnel. In order to meet prescribed requirements for cligibility to reccise Federal contributions authori/ed under the provisions of the Federal Civil Defense Act of 1950 (64 Stat.

1245,50 U.S.C. App. # 2251 et sey ) or any amendment or reenactment thereof, political subdis isions a re authorized to as ail t hemselves of sers ices ollered by the State Cisil Sersice Commission under the provisions of the act of August 5,1941 (P.I. 752, No.2x6), known as the "Cisil Sersice Act,"

in connection with the employment of personnel in local organi/ations established pursuant to the prosisions of this part.

Q7502. I ocal coordinator of emergency management.

(a) General rule. Each local organization of emergency management shall have a coordinator who shall be responsible for the planning, administration and operation of the local organization subject to the direction and control of the executise officer or goserning body.

f (b) County coordinator. - A coordinator shall be appointed in all counties with approsal of the director of the agency. The executise ollicer or ymerning body of the county shall recommend a coordinator w hose recommendation must be endorsed by the director of the agency prior to appointment by the Gosernor. Upon failure of the executise of ficer or gmerning body of the county to make a recommendation of a person for coordinator within the time fixed by the agency, the Gmemor is authorized to appoint a coordinator based upon the recommendation of the director of theagen:y. I he coordinatur of the count > organization shall not be assigned any duties that will conflict with hisdutyas coordinator.

(c) I ocal level. At the local level, the coordinator shall be appointed by the Governor upon the recommendation of the esecutise of6cer or gmerning body of the political subdivision. Upon the failure of the executive officer or governing body of a political subdivision to make a recommendation to Ihe Gmernor of a candidate for coordinator within t he time fixed by the agency, the Gmernor is authorized to appoint a

coordinator without any recommendation. A candidate for coordinator for two or mere political subdisisions may be recommended to the Gmemor for appointment upon agreement by resolution of the governing bodies of such political subdisisions. Any other law notwithstanding, a local government official may be recommended for appointment.

(d) Q ualifica tio ns.

'I he coordinator shall be prof essionally competent and capable ol planning, ef fecting coordination among operating agencies of gmernment and controlkng coordinated operations by local emergency preparedness forces.

us" f

S a

f

'}

D

g q

~._

GUL CJ -

(e) in-senice training. I ach appoinical comdinatm shall (1) Attend and successf ully complete the thst phase of the career G

development program as picscribed by the agency within onc > car a fler appointment.

(2) Attend and successfully complete the second phase of the career development program as prescribed by the agency within three yean after appointment.

(3) Attend basic and advanced seminars, workshops and training conferences called by the State director and/or of ficial basing responsibility for prosiding the coordinator with in-senice training.

Failure to attend the instruction described in this subsection or fhilure to attend a prescribed training conference for a period of two consecutise years shall be cause for replacement. 'Ihe State Director of I mergency hianagement may grant credit toward meeting the requirements of this subsection to appointed local coordinators on the basis of prior experience and training.

(f) Responsibility for t raining. - Responsibility Ior the prof essional in-service training of each coordinator rests with each successise higher political subdivision than the one in which thecoordinatoris f unctioning.

(g) Ex penses. Each appointed coordinator shall be reimbursed for actual expenses incurred in the performance of his duties and attendance at scheduled meetings.

1. 7503. Powers and duties of political subdisisions Fach political subdivision shall:

(1) Prepare, maintain and keep current disaster emergency a

management plan for the prevention and minimi/ation of injury and damage caused by disaster, prompt and elfeetise response to disaster a nd disaster emergency relief and recosery in consonance w it h the Pennsylvania Emergency Management Plan.

(2) Establish, equip and staff an emergency operations center, consolidated with warning and communication systenn to suppoit posernment operations in emergencies and proside other essential facilities and equipment for agencies and activities assigned emergency f unctions.

(3) Proside indisidual and organi/ational training programs to insure prompt, efficient and cifective disaster emergency senices (4) Organi/e, prepa re and coordinate all locally asailable manpower, materials, supplies, equipment, facilities and seni,es necessary for disaster emergency readiness, response and recosery.

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

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

(7) Cooperate a nd coordinate wit h any public and pris ate agency or entity in achieving any purpose of this part.

\\

,,7-~

Dj C 9 t

4;._

t.

(8) llave availab!c for inspection at its emergency operations center all emergency management plans, rules ar..! orders of the Governor and the agency.

(9) Provide prompt and accurate information regarding local 9

disaster emergencies to appropriate Commonwealth and local of ficials and agencies and the general public.

Q7504. Coordination, assistance and mutual aid.

(a) Responsibility for direction and coordination.-Direction of disaster emergency management services is the responsibility of the low est level of government affected. When two or more political subdivisions within a county are affected, the county organization shall exercise responsibility for coordination and support to the area of operations.

~~~

When two or more counties are involved, coordination shall be provided by the agency or by area organizations established by the agency.

(b) Assistance from higher government unit.-When all appropriate loca ly available forces and resources are fully committed by the af fected political subdivision, assistance from a higher level of gosernment shall be provided.

(c) Municipal mutual aid agreements. - County and local coordinators of emergency management shall deselop mutual aid agreements with adjacent political subdisisions for reciprocal emergency assistance. l he agreements shall be consistent wit h the plans a nd progra ms of the agency. In disaster emergencies requests for mutual aid assistance shall be referred to the organization having responsibility for coordination i

as specified in subsection (a)and in time of emergency it shall be theduty of each local organization to render assistance in accordance with the provisions of the mutual aid agreements.

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

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

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

SUI 3CH APTER 11 PAYMENT OF EXPENSES Sec. 7511. Appropriations by political subdivisions.

7512. Law applicable to local organizations.

7513. Agreements among political subdivisions.

7514. Payments involving one political subdivision.

g 7515. Payments involving two or more political subdivisions.

i

~.

, su 1

{ 75l1. Appiopriations by political subdivisions, g

(a) General rule.-Every political subdivision shall have the power to 9

make appropriations for the payment of expenses of the local organi7ation in the manner provided by law for making appropriations for the ordina ry expenses of the political subdivision. In making appropriations, the political subdivision shall specify the amounts and purposes for which the moneys appropriated may be used by the organization to or for which such appropriation may be made.

(b) Two or more local organizations.-Nothing in this subchapter or any other provision of this part shall be deemed to limit the power of any politim! subdivision to appropriate money for the purpose of paying the expenses of a local organization having jurisdiction both within and without the political subdivision even though an appropriation has been or is to be made to another local organization coterminous with or having jurisdiction within the political subdivision. Payments on account of an appropriation under this subsection shall be made pursuant to an agreement under section 7513 (relating to agreements among political subdivisions) or in the form of a gift or grant to the political subdivision responsible in the first instance for the payment of bills and claims against the local organization for the payment of the expenses for which the appropriation was made.

Q7512. Law applicable to local organizations.

(a) General rule.-Where the jurisdiction of the local organiiation is h

coterminous with the political subdivision making an appropriation for the payment of the ex penses,the localorganization shall be deemed an agency, board or commission of the political subdivision, subject to all of the laws goserning the making of contracts or purchases, the employment of persons or otherwise incurring financial obligations which apply to the political subdivision.

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

Q7513. Agreements among political subdivisions.

(a) General rule.-Where a local organi7ation has jurisdiction in an area including all or parts of more than one political subdivision which does not include the wholearea of any county, the political su bdivisions, all or part of which lie within thejurisdiction of the organiiation, shall, hefore paying any expenses of the organiiation, enter into an agreement

()

designating oneof the politicalsubdivisionsas the agent ofcach of them for the purpose of paying the expenses of the local organization. The j

. g o o g p rP r { ' ' " ,

yoNN$-

l

agreement shallaho set huth the proportionatesharcoltheexpensesof the organi/ation Io be paid by each political subdivision party to the agreement and an estimate of the amount required to be appropriated by each of them for the purpose of paying the expenses. I he agreement shall be cIIective when approsed by the corporate authorities of each of the political subdivisions by a majority vote and each of the subdivisions shall thereupon make an appropriation pursuant to section 7511 (relating to appropriations by political subdivisions) suf ficient to pay its share of the expenses of the organization.

(b) Counties. Where the locat orga ni/ation has jurisdiction in an a rea including ihe whole area of one or more counties w hichis not cotenninous with any one county, before paying any expenses of the organi/ation, the counties, all or part of w hich lie within thejurisdiction of the organization, shall enter into an agreement in the manner and form provided in subsection (a) and with like ef fect and no other political subdisision lying within thejurisdiction of the organi/ation shall be a party to the agreement.

47514. l'a3ments insohing one political subdisision.

(a) General rule. All bilh or claims io be paid t r om any appropriation made by a political subdivision coterminous with the local organization, alter first being approsed by the local orgmitation or an appropriate of ficer thereof designated for that purpose,shall be paid from the treasury of the politicalsubdisision only upon the warrant or order of the of ficer or i

officers of the political subdisision designated by law to approve or countersign warrants or orders f or the payment of the ordinaryexpenses of Ihe political subdivision, and shall be subject to audit in the same manner as other financial transactions of the political subdisision. In each case, the olficer or officers shall have the same power to approve or disapprove as they hase in case of warrants for ordinary expenses of the political subdivision, and no warrant or order for the payment thereof shall be issued without the approval.

(b) Gif t or grant of money. -- Any gift or grant of mor.cy made to the local organi/ation or to the political subdisision for the payment of expenses incurred or to be incurred by or for the organization shall be deposited in the treasury of the political subdisision and shall be appropriated by the political subdivision for the purpose for w hich the rift or grant was made, and any bills or claims to be paid f rom the gift or grant shall be paid in the manner prosided in this subchapter for the payment of other bills and claims against the political subdivision.

1. 7515. Payments insohing two or more political subdisisions.

(a) General rule. -Where two or more political subdivisions hae entered into an agreement as provided by section 7513 (relating to l

agreements among political subdivisions), all bills and claims for expenses incurred by or for the local organization shall thereafter be paid inthe first t

instance by the political subdivision named asagent in theagreement in ihe manner provided in section 7514 (relating to payments insolvmg one political subdisision) as though the organization were coterminous with p

6~

1

]

i1*i\\

r; Ib u@

t+.

f the political suhilnismn. and the organi/ation shall he suhtets in all of the laws governing the making of contracts or purchases, the employment ol

%)

persons or otherwise incurring financial obligations which apply to the 9

political subdisision.

(b) Accounting by agent. 'lhe political subdisision designated as agent shall, not later than the filteenth -fay of each month, submit an j

itemired account of the expenses of the organi/ation paid by it during the preceding calendar month to each of the other political subdisisions part) i to the agreement, together with a request for reimbursement ut the proportionate share of expenses agreed to be paid by each of the other political subdisisions.

s (c) Iteimbursement of agent. fach political subdivision requested to make reimbursement shall do so within 30 days alter the request f rom the appropriation made for the payment of the expenses 01 the organi/ation j

and, in the event of failure to do so, mandamus shall lie to compel the j

officers of the political suNlisision to pay the agreed-upon proportionate l

share of the proper expenses of the organi/ation out of the first monep thereaf ter in the treasury of the political subdisision and not presiously pledged to any other purpose. No political subdisision may be compelled to pay for any one year an amount greater than Ihe amount estimated in t he agreement as its proponionate share. Any pa> ment made by any political subdisision to the political su bdivision named as agent in t he agreemen t f or reimbursement for ihe payment ofIhe cxpenses of Ihe orpaniiation shall be credited by the agent political subdivision to t he appropriation made by it for the payment of the expenses of the organization and shall be asailable for the payment of future expenses of the organi/ation without f urther appropriation or action by the agent political subdisision.

(d) Gift or grant of money. -Any gilt orgrant of money madetour for ihe local organi/ation, if made to a political subdivision, shall be deposited in its treasury and be appropriated b) it for t he purpose for w hich t he gifI or grant was made and the political subdivision shall notily the political subdivision named as agent in the agreement of the appropriation and the purpose for w hich it is available. If the gifI or grant of money is made to Ihe organization, it shall be deposited in the treasury of the political subdisision named as agent in the agreement and shall be appropriated by the political suNlisision for the purpose for which the gilt or grant was made. Any expenditure made by the agent political suhlisision from any gift or grant tieposited in its treasury or reimbursed f rom any gift or grant deposited in the treasury of any other political subdisision shall not be included in computing the reimbursement requested f rom any other political subdisision under the agreement.

f 8.

t on O

CilAPI ER 77 MISCEl.l.ANEOUS PROVISIONS h,

Sec. 7701. Duties concerning disaster prevention.

G 7702. Acceptance of services, gif ts, grants and loans.

7703. Interstate arrangements.

770-1. Immunity from civil liability.

7705. Special powers of local agencies.

7706. Compensation for accidental injury.

7707. Penalties.

i

{7701. Duties concerning disaster prevention.

'~

(a) Governor.-In addition to disaster prevention measures included in the Commonwealth and local plans, the Governor shall consider on a

)

continuing basis steps that could be taken io present or reduce the harmful i

consequences of disasters. The Governor, from time to time, shall make recommendations to the General Assembly, political subdivisions and D

other appropriate public and private entities as may facilitate measures for prevention or reduction of the hannful consequences of disasters.

(b) Department of Environmental Resources. ifhe Department of Environmental Resources, in conjunction wit h the Pennsylvania Emergency Management Agency, shall keep land uses and construction of structures and other facilities under continuing study and identify areas w hich a re particula rly susceptible to severe land shifting,su bsidence, flood g

or other catastrophic occurrence. The studies under this subsection shall concentrate on means of reducing or avoiding the dangers caused by this occurrence or the consequences thereof.

(c) Other Commonwealth agencies.-At the direction of the Govemor, and pu rsuant to any other authority and competence they has e, Commonw. '!h agencies, including but not limited to those charged with economic recovery responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land-use plannizg, construction standards, public utilities and energy, shall make studies of disaster prevention-related matters.

Q7702. Acceptance of services, gifts, grants and loai.s.

(a) General rule:--Whenever any person or the Federal Government or any Federal agency or officer offers to the Commonwealth or, through the Commonwealth, to any political subdivision, services, equipment, l

supplies, materials or funds by way of gift, grant or loan for purposes of disaster emergency services, the Commonwealth, acting through the Governor, or the political subdivision, acting with the consent of the i

Governor and through its executive of ficer or gos erning body, mayaccept the offer and upon acceptance the Gosernor or executive officer or governing body of the political subdivision mayauthorire any officer ofIhe Commonwealth or of the political subdivision, as the case may be, to l

j t

_h

! l {...I ) ij.

.i'

'}

bb b d;d N A bl

receive the senices, equipment, supplies, mate ials or lunds on behall ol Ihe Commonwealt h or political sulxl; vision subject to the ierms of ahe olfer and the rules and regulations,if any, of the agency or penon making the offer.

(b) Property of Commonwealth. - All equipment, supplies and materials referred to in subsection (a) shall, when accepted by the C6mmonwealth, he treated as the property of the Commonwealth and shall be subject to the relevant provisions of the act of April 9,1929 (P.l.177, No.175), known as "'I he Administrative Code of 1929," unless the General Assembly directs' otherwise by statute.

'^

(7703. Interstate arrangements.

(a) General rule. -Upon finding that a sulnerable area lies only partly wit hin this Commonwealth and includes territory in anot her state or states or territory in a (meign jurisdiction and that it would be desirable to establish an interstate relationship,mutualaid or an area organi/ation for i

disaster emergency services, the Gosernor shall take steps to that end as desirabic.

i

( b) Negotiation and status of agreements. - If this action is taken with j

jurisdictions that have enacted the Interstate Cisil Defense and Disaster Compact, any resulting agreement or agreements may be considered supplemental agreements pursuant to Article 6 of that compact. If the other jurisdiction or jurisdictions with which the Governor proposes to cooperate pursuant to subsection (a) have not enacted that compact, the j

Govemor may negotiate spc.MI agreements with the jurisdiction or jurisdictions.

(c) I.egislative approval of agreements.-- Any agreement,if sufficient authority for the making thereof does not otherwise exist, becomes effectise only after its text has been communicated to the General Assembly and prosided that neither flouse of the General Assembly has disapproved it by adjournment of the next ensuing session competent to consider it or within 30 days of its submission, whichever is longer.

4 7Mt. Immunity 1,om civil liability.

(a) General rule.-i4either the Commonwealth nor any political subdivision thereof nor other agencies nor, except in cases of willful misconduct,11 e agents, employees or representatives of any of them engaged in any e nerger.cy services activities, nor, except in cases of willful misconduct or Fross negligence, any individual or other person under cont ract with them Io provide equipment or work on a cost basis to be used in disaster relief, nor, except in cases of willful misconduct or gross negligence, any person, firm, corporation or an agent or employee of any of them engaged in disaster services activities, while complying with or attempting to comply with this part or any rule or regulation promulgated pursuant to the provisions of this part,shall heliable for the death of or any injury to persons or loss or damage to property asa resuh of that activity.

/

k L-m - mm

, sa L.

tio l< cal ssiale ou nci t An) penon, orgam/atum os authority ow ning or controlling real estate or other premises, who solontarily and without compensation, grants a license or prisilege or otherwise permits

\\

the designation or use of the whole or any part or parts of the reatestateor 9

premises for any emergency senices purpose, shall, togeth, r with his successors in interest, if any, not be civilly liab!c for negligently causing the death o f or injury to or low or damage to Ihe property of any person w ho is upon the real estate or other premises for that purpose.

(c) 0:her benefits unalfected. This section does not af feet the right of any person to receive benefits to which he would otherwise he entitled under this part or under the workmen's compensation laws or under any pension law, nor the right of any person to receive any benefits or compensation under any Federal law.

1. 7705. Special powers of local agencies.

(a) R oadw ay clearance. -Wheneser the Gosernor shall have g

proclaimed a disaster emergency under section 730l(c) (relating to declaration of disaster emergency), officials of any political subdisision included in the disaster emergency shall have the authority to clear such roadways as are necessary for the health, safety and welfare of residents, esen though such roadways are not officially the responsibility of such politimi subdisision. ~Ihe political subdisision may be reimbursed for the cost of such clearing as provided in subsection (c).

(b) Water systems. Whaneser the Gosernor shall hase proclaimed a disaster emergency under section 730l(c) and in the event that a water g

system owned or operated by a political subdivision or municipalauthority i damaged. destroyed or madeinoperableasadirect result of suchdisaster emergency, the political subdivision or municipal authority shall has e the authority Io lease or hire such personnel and equipment as may be needed to effect restoration of such water system. 'lhe political subdisision or municipal authority may be reimbursed for the cost of such restoration as prosided in subsection (c).

(c) R eim bursement. Whenever the Gos ernor shall ha ve proclaimed a disaster emergency under section 730l(c). he shall have power to transfer any unused funds which may have been appropriated for the ordinary expenses of government in the General Fund to such Commonwealth agencies as he may direct to be expended for reimbursements as provided in subsections (a) and (b). Such reimbursements shall be made in accordance j

with and to the extent permitted by regulations issued by such agency or agencies as the Governor may designate to administer the reimbursement programs established by subsections (a) and(b). The totalof such transfers shall never exceed $f,000.000 in any one year except by action of the General Awembly.

(d)

1. imitation s.

Reimbursements pursuant to subsection (c) shall not be made to the extent that the Commonwealth,a political subdisision or a municipal authority may be eligible for assistance from the Federal Govemment.

b

~

_h h!

(

w

[<

n

%770A Compensation for accidental inpuv.

9 (a) lienefits. All duly emolled emergency management soluntecas who are not eligible to receise hencht s undes the Woi k menN Compen sation i a w uhall he entitled.cscepi dm ing a state ol w a r or per iod of armed conflict within the continental limits of the United States,lo the following benefits niating to injuries sustained w hile actually engaged in emergency management activitics or in or en rou te to and from emergency management tests or operations authori/ed by the Penns> h a nia Emergency Management Agencyand carried out in accordance with rules and orders promulgated and adopted by the agency:

(1) A sum of $2,509 for accidentalinjury directly causing or leading to dcath.

(2) A sum not eseceding $1.500 for reimbursement for medical and hospital expenses associated with accidenial injury.

(3) Weekly payments of $50, beginning on the eighth day of disability duectly arising irom accidentalinjury rendcring Ihe indo id ual totally incapable of following his normal gainf ul pursuits.

(b) Source ol funds. All benefits herchy authori/ed shall he paid out of funds appropriated to the agency. Payments shall be made on ti;e basis of claims submitted to the agency through the Department of 1. abor and Industry in accordance with rules and orders promulgated and adopted by the agency.

1. 7707. Penalties.

enr (a) General rule..\\ny person siolating any ofIhe plans a nd progra ms adopted and promulgated hv the Penns)hania I!mergency Management Council shall, upon conviction thereof in a summary proceeding. he sentenced to pay a line not exceeding 5200 or imprisonment not exceeding 30 days or both, for the first of fense, and a fine not exceeding 5500 or imprisonment not exceeding 90 days or both, for each subsequent of fense.

(b) I.oss of funds. Those political subdis isions in siolation of sec. tion 7501 (relating to general authority of political subdisisions). section 7502 (relating to hical coordinator of emergency management) section 7503 (relating to powers and duties of political subdisisions) or section 7504 (relating io ccordination, assistance and mutual aid) shall. ai t he direction of the council, be subject to loss of Federal personnel and administratise funding for the remainder of the fiscal year in which consiction is established. Reinstatement of Federal personnel and administratise funding shall take place the year following approval of remedial action to the siolaiion.

Section 2.

Transfers.

All personnel, allocations, appropriations, equipnkm. files secords, j

contracts, agreements, obligations and other material which are used.

l employed or expended in connection with the powers, duties or lunctions l

of the State Council of Civil Defense are herchy transferred to the g

Pennsylvania Emergency Management Agency with the same f orce and elfect as if the appropriations had been made to and theitems had been the wp ha t u

mn a

-a.w-a-

-~~- - -

-- --- - - -- -- -. - a

-w l

l l

i I

l I

l i

O I

e i

i I

l I

i

propoly of the Pennsylvania Emergency Management Agencyin the first e

instance and as if the contracts, agreements and obligations had been incurred or entered into by the Pennsylvania Emergency Management Agency.

Section 3.

Repeals.

I

(

T he following acts are repealed:

i Act of March 19,1951 (P.L28, No.4), known as the " State Council of k

Civil Defense Act of 1951."

Act of March 19,1951 (P.L42, No.6), entitled "An act authorizing certain political subdivisions to make appropriations for the payment of expenses of local or district councils of civil defense within said political subdisisions and for the protection or preparation for ibe protection ofIhe health, welfare and safety of the civilian poputr-of raid political subdisision during emergencies resulting from air raids, blackouts or

~

sabotage; regulating the manner of payment of expenses of local and district councils of civil defense;authoriring such political subdisisions to y'

i borrow money under certain conditions for such purposes; and providing

.~

for the repayment !!vrcof."

i Act of March 19,193i (P.L47, No.7), entitled "An act authorizing the Commonwealth of Pennsylvania to enter into a compact with any other state for mutual helpfulness in meeting any civil defense emergency or disaster."

Act of April 28,1961 (P.Ll29, No.60), entitled "An act authorizing political subdisisions of the Commonwealth toavailthemselvesofservices offered by the State Civil Service Commission in connection with the employment of personnel for civil defense purposes."

Act of July 6,1961 (P.L.515, No.265), entitled, as amended, "An act 6

authorizing the Governor to provide for disaster and emergency relief under certain circumstances; authorizing him to transfer certain funds in the General Fund for these purposes, and making an appropriation "

Section 4.

Effective date.

This act shall take effect immediately.

AITRove t> --The 26th day of November, A. D.1978.

MILTON J. SilAPP s

P I

I' pe l

l property of the l'emn>hania Emergency Management Agency in the first instance and as if the contracts, agreements and ohhgations had been incurred or entered into by the Pennsylvania Emergency Management Agency.

G Section 3.

Repeals.

'T he following acts are repealed.

Act of March 19,1951 (P.l_.28, No.4), known as the " State Council of 3'

Civil Defense Act of 1951."

Act of March 19,1951 (P.L.42, No.6), entitled "An act authorizing certain political subdisisions to make appropriations for the payment of

.J expenses of local or district councils of civil defense within said political subdh hions and for the protection or preparation for ahe protection of the health, welfare and safety of the civilian population of said political subdivision during emergencies resulting from air raids, blackouts or sabotage; regulating the manner of payment of expenses of local and district councils of civil defense; authorizing such political subdisisions to horrow money under certain conditions for such purposes; and providing for the repayment thereof."

Act of March 19,1951 (P.I. 47, No.7), entitled "An act authorizing the Commonwealth of Pennsylvania to enter into a compact with any other j

state for mutual helpfulness in meeting any civil defense emergency or disaster."

Act of April 28,1961 (P.I.129, No.60), entitled "An act authorizing political subdisisions of the Commonw ealth toasailthemsches of services offered by the State Civil Service Commission in connection with the employment of personnel for civil defense purposes."

Act of July 6.1961 (P.I. 515, No.265), entitled, as amended, "An act authorizing the Goseroor to provide for disaster and emergency relief under certain circumstances; authorizing him to transfer certain funds in i

the General Fund for these purposes, and making an appropriation."

Sectior, 4.

Effecthe date.

This act shall take effect immediately.

I APPRovi-D-The 26th day of November, A. D.1978.

Mil. TON J. Sil APP I

E I

• 'W I

u_

(.3 p i - ' I[ ' t G

4%s tk

- - -