SB 1019 — An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, establishing and providing for the powers and duties of the Governor's Office of Homeland Security; in 911 emergency communication services, further providing for telecommunications management and for fund, providing for Legislative Budget and Finance Committee review and further providing for termination of chapter; in general provisions, further providing for definitions and for purposes of part; in Commonwealth services, further providing for general authority of Governor, for temporary housing, for debris and wreckage removal, for community disaster loans, for individual and family assistance and for grants for hazard mitigation, providing for use and appropriation of unused Commonwealth funds, establishing the Disaster Emergency Fund, further providing for laws suspended during emergency assignments, providing for penalty for false application and further providing for organization, for powers and duties of Pennsylvania Emergency Management Agency, for utilization of existing services and facilities and for radiological emergency response preparedness, planning and recovery program and providing for online training for firefighters; in volunteer firefighters, further providing for funds; in local organizations and services, further providing for general authority of political subdivisions, for local coordinator of emergency management, for powers and duties of political subdivisions, for coordination, assistance and mutual aid, for appropriations by political subdivisions, for law applicable to local organizations, for agreements among political subdivisions, for payments involving one political subdivision and for payments involving two or more political subdivisions and providing for regional all-hazards preparedness and emergency management; in Emergency Management Assistance Compact, further providing for budgetary considerations and providing for protections; in miscellaneous provisions, further providing for duties concerning disaster prevention, for acceptance of services, gifts, grants and loans, for interstate arrangements and for immunity from civil liability, providing for other benefits unaffected, further providing for special powers of local agencies, for compensation for accidental injury and for penalties and providing for authority of Federal law enforcement officers, for confidentiality and for adverse interests; in grants to fire companies and emergency medical services companies, further providing for award of grants; in incentives for municipal volunteers of fire companies and nonprofit emergency medical services agencies, further providing for program authorization; and making a related repeal.

THE ADVISOR SHALL ADVISE AND REPORT TO THE GOVERNOR.

(D) HOMELAND SECURITY DIRECTOR.--THE OFFICE SHALL BE MANAGED BY A HOMELAND SECURITY DIRECTOR APPOINTED BY THE GOVERNOR.

THE DIRECTOR SHALL REPORT TO THE ADVISOR AND TO THE GOVERNOR'S DEPUTY CHIEF OF STAFF FOR PUBLIC SAFETY.

THE DIRECTOR SHALL BE ASSISTED BY PERSONNEL DEEMED NECESSARY TO ALLOW THE OFFICE TO CARRY OUT ITS RESPONSIBILITIES.

(E) STAFFING AND LOCATION.--THE DIRECTOR IS AUTHORIZED TO SELECT, APPOINT AND EMPLOY SUCH EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE FUNCTIONS OF THE OFFICE, IN ACCORDANCE WITH THE PROCEDURES OF THE GOVERNOR'S OFFICE OF ADMINISTRATION.

THE OFFICE SHALL BE LOCATED AT PENNSYLVANIA STATE POLICE DEPARTMENTAL HEADQUARTERS.

ALL PERSONNEL ASSIGNED TO THE OFFICE SHALL BE CLASSIFIED AS AUTHORIZED EMPLOYEES OF THE PENNSYLVANIA STATE POLICE.

§ 4903.

DESIGNATION OF STATE ADMINISTRATIVE AGENCY.

THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY IS DESIGNATED AS THE STATE ADMINISTRATIVE AGENCY FOR THIS COMMONWEALTH AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION AND AUDIT FUNCTIONS OF ALL FEDERAL GRANTS RELATING TO HOMELAND SECURITY.

THE DISTRIBUTION AWARDS OF FEDERAL GRANT MONEY UNDER THE HOMELAND SECURITY GRANT PROGRAM AND THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM SHALL BE MADE BY THE GOVERNOR'S OFFICE, IN CONSULTATION WITH THE ADVISOR AND THE DIRECTOR OF THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY, IN ACCORDANCE WITH THE FEDERAL GUIDELINES RELATED TO THE NATIONAL HOMELAND SECURITY STRATEGY AND FEDERAL GRANT GUIDANCE AS PROMULGATED BY THE UNITED STATES DEPARTMENT OF 20180SB1019PN1876 - 4 - HOMELAND SECURITY AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE RESPECTIVE GRANT YEARS.

§ 4904.

COOPERATION BY STATE AGENCIES.

ALL AGENCIES UNDER THE GOVERNOR'S JURISDICTION SHALL COOPERATE WITH AND PROVIDE ASSISTANCE AND SUPPORT AS NEEDED BY THE OFFICE AND THE GOVERNOR'S DEPUTY CHIEF OF STAFF FOR PUBLIC SAFETY TO CARRY OUT THE FUNCTIONS OF THE OFFICE EFFECTIVELY.

SECTION 2.

SECTIONS 5303(B)(1), (3) AND (4) AND 5306.1(D)(2) OF TITLE 35 ARE AMENDED TO READ:

§ 5303.

TELECOMMUNICATIONS MANAGEMENT.

* * * (B) ESTABLISHMENT OF 911 BOARD.--THERE IS ESTABLISHED A BOARD WITHIN THE AGENCY TO BE KNOWN AS THE 911 BOARD.

THE BOARD SHALL BE COMPRISED OF THE FOLLOWING:

(1) THE FOLLOWING STATE OFFICIALS, WHO SHALL SERVE AS VOTING MEMBERS:

(I) THE DIRECTOR OF THE AGENCY, WHO SHALL ACT AS CHAIRPERSON.

(II) THE STATE 911 COORDINATOR.

(III) THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE.

(IV) THE CHAIRMAN OF THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE.

(V) THE MINORITY CHAIRMAN OF THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE.

(VI) THE CHAIRMAN OF THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(VII) THE MINORITY CHAIRMAN OF THE VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF 20180SB1019PN1876 - 5 - REPRESENTATIVES.

(VIII) THE STATE FIRE COMMISSIONER.

(IX) THE CHAIRPERSON OF THE STATE GEOSPATIAL COORDINATING BOARD.

* * * (3) A REPRESENTATIVE FROM THE FOLLOWING STATE AGENCIES, WHO SHALL SERVE AS NONVOTING MEMBERS, TO BE APPOINTED BY THE CHIEF EXECUTIVE OR ADMINISTRATIVE OFFICER OF EACH AGENCY:

(I) THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.

[(II) THE OFFICE OF THE STATE FIRE COMMISSIONER.] (III) THE GOVERNOR'S OFFICE OF ADMINISTRATION.

(4) A REPRESENTATIVE FROM THE FOLLOWING STATEWIDE ASSOCIATIONS, WHO SHALL SERVE AS NONVOTING MEMBERS:

(I) THE PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION.

(II) THE FRATERNAL ORDER OF POLICE.

(III) THE PENNSYLVANIA EMERGENCY HEALTH SERVICES COUNCIL.

(IV) THE PENNSYLVANIA FIRE AND EMERGENCY SERVICES INSTITUTE.

(V) THE ASSOCIATION OF PUBLIC-SAFETY COMMUNICATIONS OFFICIALS.

(VI) THE PENNSYLVANIA CHAPTER OF THE NATIONAL EMERGENCY NUMBER ASSOCIATION.

(VII) THE KEYSTONE EMERGENCY MANAGEMENT ASSOCIATION.

(VIII) THE PENNSYLVANIA PROFESSIONAL FIRE FIGHTERS ASSOCIATION.

(IX) THE FIREMEN'S ASSOCIATION OF THE STATE OF PENNSYLVANIA.

(X) THE PENNSYLVANIA WIRELESS ASSOCIATION.

(XI) THE PENNSYLVANIA TELEPHONE ASSOCIATION.

20180SB1019PN1876 - 6 - (XII) THE BROADBAND CABLE ASSOCIATION OF PENNSYLVANIA.

(XIII) THE PENNSYLVANIA MUNICIPAL LEAGUE.

(XIV) THE PENNSYLVANIA STATE ASSOCIATION OF BOROUGHS.

(XV) THE PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS.

(XVI) THE PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP COMMISSIONERS.

(XVII) THE AMBULANCE ASSOCIATION OF PENNSYLVANIA.

(XVIII) THE PENNSYLVANIA ASSOCIATION OF COUNCILS OF GOVERNMENTS.

* * * § 5306.1.

FUND.

* * * (D) DISTRIBUTION.--WITHIN 30 DAYS AFTER THE END OF EACH QUARTER, THE AGENCY SHALL DETERMINE THE AMOUNT AVAILABLE FROM THE FUND FOR DISTRIBUTION AND MAKE DISBURSEMENTS IN ACCORDANCE WITH THE STATEWIDE 911 PLAN AND THIS CHAPTER AND IN ACCORDANCE WITH THE FOLLOWING:

* * * (2) UP TO 15% OF THE AMOUNT IN THE FUND SHALL BE USED BY THE AGENCY TO ESTABLISH, ENHANCE, OPERATE OR MAINTAIN STATEWIDE INTERCONNECTIVITY OF 911 SYSTEMS, INCLUDING, BUT NOT LIMITED TO, THE USE OR OBLIGATIONS OF MONEY FOR DEBT SERVICE RELATED TO REGIONAL OR STATEWIDE INTERCONNECTIVITY.

FUNDS UNDER THIS PARAGRAPH MAY ALSO BE USED TO PURCHASE A STATEWIDE SYSTEM DESIGNED TO ALLOW INDIVIDUALS TO ASSOCIATE THEIR PHONE NUMBERS WITH PERSONAL INFORMATION, SUCH AS A PHYSICAL DISABILITY, SO THAT WHEN AN INDIVIDUAL MAKES A 911 20180SB1019PN1876 - 7 - CALL, THE PSAP HAS THE INDIVIDUAL'S PERSONAL INFORMATION.

* * * SECTION 3.

TITLE 35 IS AMENDED BY ADDING A SECTION TO READ:

§ 5315.

LEGISLATIVE BUDGET AND FINANCE COMMITTEE REVIEW.

THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL REVIEW THE ANNUAL REPORTS REQUIRED UNDER THIS CHAPTER AS WELL AS THE INVENTORY REPORT UNDER SECTION 5314 (RELATING TO INVENTORY) AND SHALL MAKE RECOMMENDATIONS ON THE REAUTHORIZATION OF THE PROVISIONS OF THIS CHAPTER BY JUNE 30, 2020.

SECTION 4.

SECTIONS 5398, 7102, 7103, 7301, 7302, 7303, 7304, 7305 AND 7305.1 OF TITLE 35 ARE AMENDED TO READ:

§ 5398.

TERMINATION.

[THIS] (A) GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B), THIS CHAPTER SHALL EXPIRE JUNE 30, [2019] 2021.

(B) EXCEPTION.--SECTION 5304(C) (RELATING TO COUNTIES) SHALL EXPIRE JUNE 30, 2019.

The term does not include information related to criminal prosecutions, law enforcement sources or methods, investigative activities, policies, training or protection tactics, tactical plans, 20180SB1019PN1876 - 8 - information protected by 18 Pa.C.S.

"Chief elected executive officer." The mayor of a city or <-- borough, the chairperson of the commissioners or supervisors or the elected executive of a county, township or incorporated town.

"CHIEF ELECTED EXECUTIVE OFFICER." INCLUDES:

<-- (1) THE MAYOR OF A CITY OR BOROUGH OR THE ELECTED EXECUTIVE IN A MUNICIPALITY WITHOUT A MAYOR.

(2) THE PRESIDING ELECTED OFFICER OF THE GOVERNING BODY IN MUNICIPALITIES WITHOUT AN ELECTED EXECUTIVE.

20180SB1019PN1411 - 2 - (1) An office, department, authority, board, multistate agency or commission of the executive branch.

"Commonwealth critical infrastructure protection plan." A plan to provide a coordinated approach to setting Commonwealth priorities, goals and requirements for effective distribution of funding and resources for critical infrastructure and key resources to ensure that the government, economy and public 20180SB1019PN1876 - 9 - services continue in the event of an emergency.

20180SB1019PN1411 - 3 - "Commonwealth emergency operations plan." A document prepared by the agency and approved and signed by the Governor that is consistent with Federal requirements and assigns responsibility to appropriate Commonwealth agencies for carrying out specific actions in a disaster emergency and states, among other things, lines of authority, response actions and coordination requirements.

20180SB1019PN1876 - 10 - "Commonwealth Watch and Warning Center." The Commonwealth's principal 24-hour, seven-day-a-week watch and warning center.

20180SB1019PN1411 - 4 - "County emergency management program." An emergency management and preparedness program established and maintained by a county under section 7501 (relating to general authority of county and local POLITICAL SUBDIVISIONS' emergency management <-- programs).

"Dependent care facility." An organization, institution or 20180SB1019PN1876 - 11 - facility licensed or certified by the Commonwealth that is responsible for the custodial care or health care of individuals who are dependent on the organization, institution or facility for the activities of daily living, health, safety or welfare.

(1) affect seriously the safety, health or welfare of a substantial number of [citizens of this Commonwealth] people 20180SB1019PN1411 - 5 - or preclude the operation or use of essential public facilities;

"Emergency." An incident that requires responsive, coordinated action to protect individuals, the environment, the 20180SB1019PN1876 - 12 - economy or property.

20180SB1019PN1411 - 6 - "Emergency plan." A document prepared by a dependent care facility or large event planner, as referenced in section 7701(h) (relating to duties concerning disaster preparedness and emergency management), or other entity as required by statute or regulation to maintain an emergency preparedness capability or develop an emergency plan.

The [functions] capabilities include, without limitation, firefighting services, police services, medical and 20180SB1019PN1876 - 13 - health services, INCLUDING DELIVERY OF MEDICATIONS AND HEALTH <-- CARE SUPPLIES, search, rescue, engineering, disaster warning services, sharing of information, communications, radiological activities, shelter, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, mass-care services, emergency transportation, emergency [resources] management, existing or properly assigned functions of plant protection, temporary restoration of public utility services, logistics and resource management and other [functions] capabilities related to civilian protection.

(2) Capabilities of regional task forces and other 20180SB1019PN1411 - 7 - response organizations as specifically provided for under this part.

"Grantee." The entityentity, PERSON, government or organization to <-- which a grant is awarded.

"Hazard vulnerability analysis." A process by which a political subdivision identifies the disasters most likely to 20180SB1019PN1876 - 14 - strike the community and estimates the potential impact of the disaster to loss of life, property, the environment and the economy.

(2) Characterized by the combination COORDINATION of <-- facilities, equipment, personnel, procedures and communications operating within a common organizational structure and designed to aid 20180SB1019PN1411 - 8 - in the management of resources during all kinds of emergencies regardless of size or complexity.

(3) A gas distribution system that provides the facilities and equipment for producing, generating, transmitting, distributing or the furnishing of gas directly 20180SB1019PN1876 - 15 - to the end customer.

(5) PHARMACEUTICAL AND HEALTH CARE DISTRIBUTION NETWORKS <-- THAT PROVIDE CRITICAL MEDICATIONS AND OTHER MEDICAL SUPPLIES TO HOSPITALS, LONG-TERM CARE FACILITIES, PHARMACIES AND OTHER HEALTH CARE SETTINGS.

"Local organization." A local emergency management 20180SB1019PN1411 - 9 - organization.

"Natural disaster." Any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, 20180SB1019PN1876 - 16 - landslide, mudslide, snowstorm, drought, fire, explosion or other catastrophe which results in substantial damage to property, hardship, suffering or possible loss of life.] "Institution of higher education." A university, four-year college or community college.

(2) Be of a magnitude or severity that warrants coordinated local government action in alleviating the 20180SB1019PN1411 - 10 - danger, damage, suffering or hardship.

"Local emergency management program." An emergency management and preparedness program established and maintained by a municipality POLITICAL SUBDIVISION under section 7501 <-- (relating to general authority of county and local POLITICAL <-- SUBDIVISIONS' emergency management programs).

"Mitigation." Protection activities designed to reduce or eliminate risks to persons or property or to lessen the actual 20180SB1019PN1876 - 17 - or potential effects or consequences of an incident that may be implemented prior to, during or after an incident.

"Municipality." A city, borough, incorporated town or,or <--township. township., HOME RULE OR OPTIONAL CHARTER MUNICIPALITY OR ANY <-- OTHER GENERAL PURPOSE UNIT OF LOCAL GOVERNMENT OTHER THAN A COUNTY.

"National Infrastructure Protection Plan." A plan developed by the United States Department of Homeland Security that provides a coordinated approach to critical infrastructure and key resources protection roles and responsibilities for Federal, State, local, tribal and private sector security partners, or a 20180SB1019PN1411 - 11 - successor program, and that sets national priorities, goals and requirements for effective distribution of funding and resources to ensure that the government, economy and public services continue in the event of a disaster emergency.

20180SB1019PN1876 - 18 - "Out-of-State business." A business entity whose services are requested by a registered business, the Commonwealth or a political subdivision of the Commonwealth for purposes of performing disaster emergency-related work in this Commonwealth.

"Person." An individual, corporation, [firm,][firm, association,] <-- partnership, limited liability company, business trust, government entity, including the Commonwealth, foundation, public utility, trust[,] or estate[, public or private institution, group, the Commonwealth or a local agency or political subdivision and any legal successor, representative or 20180SB1019PN1411 - 12 - agency of the foregoing].

"Political subdivision." [Any] A county[,county, city, borough, <-- incorporated town or township]township. OR MUNICIPALITY.

<-- "Preparedness." A continuous process of identifying and implementing tasks and activities necessary to build, sustain and improve operational capability to prevent, protect against, respond to and recover from domestic incidents involving all 20180SB1019PN1876 - 19 - levels of government, private sector and nongovernmental organizations to identify threats, determine vulnerabilities and identify required resources.

20180SB1019PN1411 - 13 - "Regional task force." A cooperative effort organized among Federal, State, county, council of government and municipal emergency management, health, law enforcement, public safety and other officials and representatives from volunteer service organizations, emergency services organizations, private business and industry, hospitals and medical care facilities and other entities within a multicounty area as recognized by and 20180SB1019PN1876 - 20 - determined by the agency that is responsible for conducting all- hazards planning, training preparedness and emergency response activities.

20180SB1019PN1411 - 14 - "Review and accept." The process by which the agency, county emergency management programs and local emergency management programs validate planning documents in accordance with this part to ensure compliance with established planning criteria, adherence to templates and completeness.

20180SB1019PN1876 - 21 - "Specialized regional response team." A complement of individuals established by a regional 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.

"Specialized Statewide response team." A complement of individuals organized DESIGNATED OR RECOGNIZED by the <-- Commonwealth to provide specialized personnel, equipment and other support capabilities in response to an actual or potential disaster.

"WHOLESALE DISTRIBUTOR OF PRESCRIPTION MEDICATIONS." A <-- PERSON WHO OPERATES A FACILITY FROM WHICH A PERSON ENGAGES IN THE WHOLESALE DISTRIBUTION OF PRESCRIPTION DRUGS AS DEFINED UNDER SECTION 3 OF THE ACT OF DECEMBER 14, 1992 (P.L.1116, NO.145), KNOWN AS THE WHOLESALE PRESCRIPTION DRUG DISTRIBUTORS LICENSE ACT.

20180SB1019PN187620180SB1019PN1411 - 2215 - (1) Reduce vulnerability of people and communities of this Commonwealth to damage, injury and loss of life and property resulting from disasters.

(10) Further the operational capacities of Commonwealth 20180SB1019PN187620180SB1019PN1411 - 2316 - agencies to deal with disaster situations.

(12) Establish integrated communications capabilities and warning systems.] The purpose of this part is to authorize and provide for <-- coordination of activities relating to disaster preparedness and emergency management activities by agencies and officers of this Commonwealth and similar Federal-State and State-local <-- activities in which the Commonwealth and its AMONG political <-- subdivisions, intergovernmental cooperative entities, regional task forces, councils of governments, elementary and secondary schools and other appropriate public and private entities participate.

(a) Responsibility to [meet]meet ADDRESS disasters.--The <-- Governor is responsible for [meeting]meeting ADDRESSING the dangers to <-- this Commonwealth [andand people]people AS presented by disasters.

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

(2) The [state of] declared disaster emergency shall continue until the Governor finds that the threat or danger has passed or the disaster has been dealt with to the extent 20180SB1019PN187620180SB1019PN1411 - 2417 - that emergency conditions no longer exist and terminates the [state of] declared disaster emergency by executive order or proclamation, but no [state of] declared disaster emergency may continue for longer than 90 days unless renewed by the Governor.

(d) Activation of disaster response.--An executive order or proclamation of a [state of] declared disaster emergency shall activate the disaster response and recovery aspects of the Commonwealth emergency operations plan and [local disaster] other emergency plans applicable to the political subdivision or area in question and shall be authority for the deployment and 20180SB1019PN187620180SB1019PN1411 - 2518 - 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 law relating to disaster emergencies.

The total of the transfers under this subsection shall not exceed $30,000,000 in any one fiscal year expect by action of the 20180SB1019PN187620180SB1019PN1411 - 2619 - General Assembly.

(5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within 20180SB1019PN187620180SB1019PN1411 - 2720 - this Commonwealth if this action is necessary for the preservation of life or other disaster mitigation, response or recovery.

(8) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, [firearms,]firearms, explosives <-- and combustibles.

Only the Governor shall have the power to 20180SB1019PN187620180SB1019PN1411 - 2821 - make the request.

(11) APPOINT THE DIRECTOR, SUBJECT TO THE CONSENT OF A <-- MAJORITY OF THE MEMBERS ELECTED TO THE SENATE.

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

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

or (iii) becoming a copartner with the political 20180SB1019PN1876 - 29 - subdivision for the execution and performance of any temporary housing for disaster victims [project];

and for such purposes to pledge the credit of the 20180SB1019PN1411 - 22 - Commonwealth on such terms as the Governor deems appropriate having due regard for current debt transactions of the Commonwealth.

Stafford Disaster Relief and Emergency 20180SB1019PN1876 - 30 - Assistance Act (Public Law 93-288, 42 U.S.C.

(a) Authority of Governor.--Whenever the Governor has 20180SB1019PN1411 - 23 - declared a disaster emergency to exist under this part, or the President, at the request of the Governor, has declared a major disaster or emergency to exist in this Commonwealth, the Governor is authorized:

Whenever, at the request of the Governor, the President has 20180SB1019PN1876 - 31 - declared a major disaster or emergency to exist in this Commonwealth, the Governor is authorized:

(1) Upon determining that a political subdivision [of 20180SB1019PN1411 - 24 - this Commonwealth] will suffer a substantial loss of tax and other revenues from a major disaster or emergency and has demonstrated a need for financial assistance to perform its governmental functions, to apply to the Federal Government, on behalf of the political subdivision, for a loan and to receive and disburse the proceeds of any approved loan to [any] the applicant [political subdivision].

Stafford Disaster Relief and Emergency Assistance Act 20180SB1019PN1876 - 32 - (Public Law 93-288, 42 U.S.C.

§ 5121 et seq.),] the Stafford Act and from other means is insufficient to meet the disaster-related necessary expenses or serious needs of 20180SB1019PN1411 - 25 - individuals or families adversely affected by a major disaster or emergency, to accept a grant from the Federal Government for the purpose of meeting the expenses or needs of disaster victims, subject to any terms and conditions imposed upon the grant.

(a) Commonwealth participation in public assistance and 20180SB1019PN1876 - 33 - hazard mitigation funding;

agreements.--Whenever the President authorizes [the] a contribution [of up to 75% of] to the cost of [hazard mitigation measures to] public assistance grants to 20180SB1019PN1411 - 26 - repair or replace eligible public property damage or hazard mitigation to reduce the risk of future damage, hardship[,] or loss [or suffering] to eligible property in any area affected by a major disaster pursuant to [The Robert T.

Section 22. 5.

<-- § 7307.1.

20180SB1019PN1876 - 34 - (a) Transfer of funds authorized.--In addition to the transfers permitted under section 7301 (relating to general authority of Governor), if the Governor has not declared a 20180SB1019PN1411 - 27 - disaster emergency or if a declaration of disaster emergency has expired, the Governor may nevertheless transfer unused funds that may have been appropriated for the ordinary expenses of the Commonwealth in the General Fund to Commonwealth agencies as the Governor may direct to be expended for preparedness planning and other activities related to a potential or actual disaster in a manner as the Governor shall approve.

Section 33. 6.

<-- § 7308.

(a) Commonwealth agencies.--In the case of a declaration of a [state of] disaster emergency by the Governor, Commonwealth agencies may implement their emergency assignments without regard to procedures required by other laws [(except mandatory constitutional requirements)], except constitutional 20180SB1019PN1876 - 35 - requirements pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and 20180SB1019PN1411 - 28 - materials and expenditures of public funds.

* * * Section 44. 7.

Title 35 is amended by adding a section to <-- read:

Section 55. 8.

Sections 7312, 7313, 7314, 7320, 7501, 7502, <-- 7503, 7504, 7511, 7512, 7513, 7514 and 7515 AND 7320 of Title 35 <-- are amended to read:

the Governor, 20180SB1019PN1876 - 36 - the Lieutenant Governor, the Adjutant General, the Secretary of the Budget, the director, the Secretary of Administration, the Secretary of State, the Secretary of Education, the Secretary of General Services, the 20180SB1019PN1411 - 29 - Secretary of Labor and Industry, the Secretary of Health, the Attorney General, the Governor's General Counsel, the Secretary of Community [Affairs,] and Economic Development, the Secretary of Conservation and Natural Resources, the Secretary of Environmental Protection, the Secretary of Transportation, the Secretary of Agriculture, the Secretary of [Public Welfare,] Human Services, the Commissioner of the Pennsylvania State Police, [Chairman] the Chairperson of the Pennsylvania Public Utility Commission, the State Fire Commissioner, THE DIRECTOR OF HOMELAND SECURITY or their designees, and <-- the Speaker of the House of Representatives, the President pro tempore of the Senate, the Minority Leader of the Senate and the Minority Leader of the House of Representatives, or their designees.

[The Speaker of the House of Representatives, President pro tempore of the Senate, Minority Leader of the Senate and Minority Leader of the House of Representatives may authorize a member of their respective Houses of the General Assembly to serve in their stead.] (ii) The Governor may authorize up to two representatives of business and industry, up to two representatives of labor, up to two public members at large and one representative respectively of the [Pennsylvania State Association of] County Commissioners Association of Pennsylvania, the Pennsylvania State 20180SB1019PN1876 - 37 - Association of Township Commissioners, the Pennsylvania State Association of Township Supervisors, the Pennsylvania Municipal League [of Cities and], the Pennsylvania State Association of Boroughs and the Keystone Emergency Management Association to be nonvoting 20180SB1019PN1411 - 30 - members of the council.

(iv) The Governor may also appoint representatives of key private sectors, including the energy utility, <-- medical, police, fire, emergency medical services, communications, transportation, education, agriculture and labor AGRICULTURE, COMMUNICATIONS, EDUCATION, <-- EMERGENCY MEDICAL SERVICES AND SUPPLY DELIVERY, ENERGY UTILITY, FIRE, MEDICAL, POLICE AND TRANSPORTATION sectors, and two members at large to serve as nonvoting council members.

(d) Emergency meetings.--In the event of [attack or disaster situations determined actually or likely to be of such nature, magnitude, severity or duration as to necessitate extensive or extraordinary deployment and use of Commonwealth resources for 20180SB1019PN1876 - 38 - emergency purposes] the occurrence of an emergency, the [chairman shall, within not more than 72 hours immediately following such determination,] chair may call the council into emergency session[,] for consideration of actions taken or to be taken.

[(e) State director.--To supervise the work and activities 20180SB1019PN1411 - 31 - comprising the State Civil Defense and Disaster Program, the Governor shall appoint an individual to act, on a full-time basis, as director of the agency.

All such personnel shall be employed and subject to pertinent provisions of the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act," and the Commonwealth Compensation Plan.] The agency shall provide the council with staff and other services as may be required for the council to carry out its responsibilities under 20180SB1019PN1876 - 39 - this part.

(h) Emergency communications.--The agency shall maintain an integrated communications capability designed to provide to all areas and counties weather advisories, river forecasts, 20180SB1019PN1411 - 32 - 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."] (j) Commonwealth Disaster Recovery Task Force.--The director shall organize the Commonwealth Disaster Recovery Task Force to review and conduct, when directed by the Governor, studies of disasters that occur in this Commonwealth, their causes and impacts, make recommendations to prevent future disasters, 20180SB1019PN1876 - 40 - lessen their impact and help expedite recovery at the State and local level.

The agency shall [have the following powers and duties:] develop a comprehensive emergency management and preparedness system for this Commonwealth, in coordination with other 20180SB1019PN1411 - 33 - Commonwealth agencies as designated by the Governor.

(iii) Assistance to Commonwealth agencies, regional <-- task forces, [locallocal government officials,]officials, REGIONAL TASK <-- FORCES, POLITICAL SUBDIVISIONS, elementary and secondary schools [and custodial child], dependent care facilities [in designing emergency management plans and training programs] and the private sector in developing their systems of emergency management and preparedness.

(iv) Organization of manpower[,] and chains of command[, continuity of government] in emergency 20180SB1019PN1876 - 41 - situations and emergency operational principles.

(vii) Assistance to the Commonwealth, regional task 20180SB1019PN1411 - 34 - forces, elementary and secondary schools and county and local governments and private or nonprofit entities in obtaining, utilizing and managing Federal and [Commonwealth] State disaster assistance.

(xi) Authorization and procedures for the erection 20180SB1019PN1876 - 42 - or other construction of temporary works designed to protect against or mitigate danger, damage or loss from flood, conflagration or other disaster[.] in coordination with the Department of Environmental Protection.

(2) [To establish] Establish, equip and staff a 20180SB1019PN1411 - 35 - Commonwealth [and area emergency operations center] Response Coordination Center and a Commonwealth Watch and Warning Center with a consolidated Statewide system of warning and provide a system of disaster communications integrated with those of Federal[, Commonwealth and local] agencies, Commonwealth agencies, regional task forces and political subdivisions involved in disaster emergency operations.

(5) [To establish and operate or assist political subdivisions in establishing and operating training programs] 20180SB1019PN1876 - 43 - Establish standards for and assist county emergency management programs, local emergency management programs and regional task forces with operations, training and programs of public information.

(6) [To supply] Supply appropriate Commonwealth [and local agencies and officials] agencies, county emergency management programs, local emergency management programs and the general public with precautionary notices, watches and warnings relating to actual and potential disasters and [to] 20180SB1019PN1411 - 36 - provide a flow of official information and instructions to the general public through all means available before, during and after an emergency.

(8) [To determine] Determine the need for, maintain information regarding and procure materials, supplies, equipment, facilities and services necessary for [disaster emergency readiness, response and recovery] preparedness and 20180SB1019PN1876 - 44 - emergency management.

(10) [To plan] Plan and make arrangements for the availability and use of any private facilities, services and property and, if necessary and if in fact used, provide for 20180SB1019PN1411 - 37 - payment for use under terms and conditions agreed upon.

(15) [To] In conjunction with the Department of Environmental Protection, respond to [disaster] disasters 20180SB1019PN1876 - 45 - relating to [atomic] nuclear or radiological energy operations or radioactive objects or materials.

Any such action taken and any regulations adopted by the [office] agency shall be inapplicable to any objects or materials possessing a radiation-producing capacity less than that set forth as the maximum safety limit by the standards endorsed and as may be subsequently endorsed by the United States Nuclear Regulatory Commission or the Environmental Protection Agency for the protection of life and property and the 20180SB1019PN1411 - 38 - maintenance of health and safety.

(17.1) Report semiannually to the Governor and the chairperson and minority chairperson of the Appropriations Committee of the Senate and the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives regarding all grants awarded by the agency from Federal disaster assistance or relief funds, homeland security and defense funds, pandemic preparedness or other 20180SB1019PN1876 - 46 - public health emergency funds.

20180SB1019PN1411 - 39 - (18) [To recommend] Recommend to the Governor legislation or other actions as deemed necessary in connection with the purposes of this part.

(20) For the period during which 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 20180SB1019PN1876 - 47 - and property and provide emergency assistance to victims of a disaster without complying with formal bidding or other time- consuming contract procedures.

(ii) Submit plans for flood notification and warning.] submit plans for flood notification and warning 20180SB1019PN1411 - 40 - and provide inundation maps in accordance with direction from the Department of Environmental Protection.

20180SB1019PN1876 - 48 - (25) Conduct all-hazards exercises, as appropriate.

These officers and agencies shall cooperate with and extend their services and facilities to the agency as requested and consistent with other operational 20180SB1019PN1411 - 41 - requirements of that agency.

(1) Serving as the point of contact for the coordination and management of the Statewide response and provide for 20180SB1019PN1876 - 49 - interface between the affected [facilities] counties and other Commonwealth agencies [and departments, counties, municipalities], Federal agencies, regional task forces, political subdivisions and school districts.

20180SB1019PN1411 - 42 - (3) Participation in required exercises, including emergency communication drills and tests[, as based upon mutually agreed schedules and parameters].

Once Federal approval is obtained for the plans, the agency shall seek to maintain that approval status.] 20180SB1019PN1876 - 50 - (7) Annual review of municipal and school district radiological emergency response plans in conjunction with the respective county emergency management [agencies to ensure that they are consistent with the applicable county radiological emergency response plans] program.

(8) [Assisting in] Overseeing the update of lesson plans used by each [utility] nuclear power plant licensee for county, municipal, school and volunteer agency offsite training purposes [and, to the extent necessary to obtain 20180SB1019PN1411 - 43 - Federal approval, participation in this training effort] with the objective to standardize training material to the extent possible to support sharing of resources between offsite response organizations.

(12) Developing planning and preparedness procedures for emergency response within the ingestion exposure pathway 20180SB1019PN1876 - 51 - emergency planning zone.

(15) Providing reasonable assistance and support 20180SB1019PN1411 - 44 - requested by a [utility] nuclear power plant licensee from time to time in connection with the [utility] nuclear power plant licensee obtaining or maintaining, or both, an emergency plan acceptable to Federal regulatory entities having jurisdiction over the [utility] nuclear power plant licensee.

(17) Providing guidance to [State, county and municipal elected officials, departments and agencies and school districts in order] Commonwealth agencies, political subdivisions, CORRECTIONAL FACILITIES, school districts and <-- dependent care facilities to ensure compliance with this section and all other applicable Federal and State radiation protection safety laws.

20180SB1019PN1876 - 52 - (c) Establishment of fund.--[There is hereby created in the General Fund a] A nonlapsing restricted receipt account to be known as the Radiological Emergency Response Planning and Preparedness Program Fund is established in the General Fund.

SECTION 9.

TITLE 35 IS AMENDED BY ADDING A SECTION TO READ:

<-- § 7388.

ONLINE TRAINING FOR FIREFIGHTERS.

(A) GENERAL RULE.--UNDER SECTION 2413 OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, THE OFFICE OF THE STATE FIRE COMMISSIONER SHALL ESTABLISH GUIDELINES FOR THE USE OF MONEY DEPOSITED INTO THE ONLINE TRAINING EDUCATOR AND TRAINING REIMBURSEMENT ACCOUNT AND DEDICATED FOR THE PURPOSES OF DEVELOPING, DELIVERING AND SUSTAINING TRAINING PROGRAMS FOR FIREFIGHTERS.

THE GUIDELINES SHALL PROVIDE THAT THE MONEY BE USED FOR ONLINE TRAINING FOR VOLUNTEER AND CAREER FIREFIGHTERS AND SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING:

(1) PARTICIPATION IN THE TRAINING SHALL BE ON A VOLUNTARY BASIS.

(2) THE TRAINING SHALL BE OFFERED FREE OF CHARGE.

(3) THE TRAINING SHALL BE INCORPORATED INTO THE TRAIN PA SYSTEM.

(B) PRIORITIZATION.--IN ESTABLISHING ONLINE TRAINING COURSES, THE COMMISSIONER SHALL PRIORITIZE SPECIFIC TOPICS.

(C) CERTIFICATE OF COMPLETION.--THE COMMISSIONER SHALL PROVIDE A CERTIFICATE OF COMPLETION TO AN INDIVIDUAL WHO SUCCESSFULLY COMPLETES AN ONLINE TRAINING PROGRAM.

(D) PUBLICATION.--THE OFFICE OF THE STATE FIRE COMMISSIONER SHALL POST A COMPLETE LISTING OF THE AVAILABLE ONLINE TRAINING 20180SB1019PN1876 - 53 - COURSES ON THE OFFICE'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

SECTION 10.

SECTION 7416(F) OF TITLE 35 IS AMENDED BY ADDING A PARAGRAPH TO READ:

§ 7416.

FUNDS.

* * * (F) USE.--FUNDS OF ANY VOLUNTEER FIREFIGHTERS' RELIEF ASSOCIATION MAY BE SPENT:

* * * (18) TO DEFRAY THE COST OF OBTAINING OR RENEWING A COMMERCIAL DRIVER'S LICENSE UNDER 75 PA.C.S.

CH.

16 (RELATING TO COMMERCIAL DRIVERS) FOR A VOLUNTEER FIREFIGHTER WHO IS A RESIDENT OF THIS COMMONWEALTH TO OPERATE A FIRE OR EMERGENCY VEHICLE REGISTERED TO THE FIRE DEPARTMENT OR MUNICIPALITY.

SECTION 11.

SECTIONS 7501, 7502, 7503, 7504, 7511, 7512, 7513, 7514 AND 7515 OF TITLE 35 ARE AMENDED TO READ:

General authority of [political [subdivisions]subdivisions] county <-- and local SUBDIVISIONS' emergency management <-- programs.

20180SB1019PN1411 - 45 - [(a) Establishing emergency management organization.--Each political subdivision of this Commonwealth is directed and authorized to establish a local emergency management organization in accordance with the plan and program of the Pennsylvania Emergency Management Agency.

Each local organization shall have responsibility for emergency management, response and recovery within the territorial limits of the political subdivision within which it is organized and, in addition, shall conduct such services outside of its jurisdictional limits as may be required under this part.] (a.1) Establishing emergency management programs.--No later than two years from the effective date of this subsection, a 20180SB1019PN1876 - 54 - political subdivision shall establish an emergency management program consistent with the Commonwealth emergency management program within its jurisdictional limits as required by the agency.

(b) Declaration of local disaster emergency.-- (1) A local disaster emergency may be declared by official action of the governing body OR CHIEF ELECTED <-- EXECUTIVE OFFICER of a political subdivision upon finding a disaster emergency has occurred or is imminent.

[TheThe <-- governing body of a political subdivision may authorize the [mayor or other] chief elected executive officer to declare a <-- local disaster emergency subject to ratification by official <-- action of the governing body.]body. <-- (2) The [declaration] declared disaster emergency shall be issued by executive order or proclamation and shall continue until the governing body or the chief elected executive officer, as the case may be, finds that the threat or danger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist.

(3)(2) AThe [declaration] declared disaster emergency shall not be [continuedissued or]by renewedexecutive fororder aor periodproclamation inand excessshall ofcontinue [seven]until 30the daysgoverning exceptbody byor [orthe withchief elected executive officer, as the consent]case officialmay actionbe, offinds that the governingthreat bodyor ofdanger has passed or the politicaldisaster subdivision.has been dealt with to the extent that emergency conditions no longer exist.

[ANY20180SB1019PN1411 ORDER- OR46 <--- PROCLAMATION(3) DECLARING, CONTINUING OR TERMINATING A LOCALdeclared DISASTERdisaster EMERGENCYemergency SHALLshall BEnot GIVENbe PROMPT[continued ANDor] GENERALrenewed PUBLICITYfor ANDa SHALLperiod BEin FILEDexcess PROMPTLY WITH THE AGENCY.] (4) All executive orders or proclamations issued under this subsection shall indicate the nature of the[seven] disaster30 emergency,days theexcept areaby or[or areaswith threatened and the conditionsconsent] whichofficial haveaction broughtof the disastergoverning emergencybody about or which make 20180SB1019PN1876 - 55 - possible termination of the declaredpolitical disastersubdivision. emergency.

(5)(4) AnyAll orderexecutive orders or proclamationproclamations declaring,issued continuingunder orthis <--subsection terminatingshall aindicate [local]the countynature of the disaster emergencyemergency, shallthe bearea givenor promptareas threatened and generalthe publicityconditions andwhich shallhave bebrought filedthe promptlydisaster withemergency about or which make possible termination of the agency.declared disaster emergency.

(6) (5) AnAny order or proclamation declaring, continuing <-- or terminating a municipal[local] LOCALcounty disaster emergency BY A <-- POLITICAL SUBDIVISION shall be given prompt and general publicity and shall be filed promptly with the agencyagency. through the appropriate county emergency management program.

(7) (6) TheAn effectorder ofor aproclamation declarationdeclaring, ofcontinuing or terminating a localmunicipal disaster <-- emergency isshall tobe activategiven theprompt response and recoverygeneral aspectspublicity of any and allshall applicablebe localfiled emergencypromptly [management]with plansthe andagency tothrough authorize the furnishingappropriate ofcounty aidemergency andmanagement assistanceprogram. thereunder.

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

(d) Temporary suspension of formal requirements.--Each political subdivision included in a declaration of disaster emergency declared by either the Governor or the governing body 20180SB1019PN1411 - 47 - or chief elected executive officer of the political subdivision affected by the disaster emergency is authorized to exercise the powers vested under this section in the light of the exigencies of the emergency situation without regard to time-consuming procedures and formalities prescribed by law [(excepting mandatory constitutional requirements)], excepting constitutional requirements, pertaining to the performance of public work, entering into contracts, the incurring of 20180SB1019PN1876 - 56 - obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds.

§ 2251 et seq.) or any amendment or reenactment thereof, political subdivisions are authorized to avail themselves of services offered by the State Civil Service Commission under the provisions of the act of August 5, 1941 (P.L.752, No.286), known as the ["Civil Service Act,"] Civil Service Act, in connection with the employment of personnel in [local organizations] a county emergency management <-- program or a local POLITICAL SUBDIVISION'S emergency management <-- program established pursuant to the provisions of this part.

§ 2302 (relating to definitions), two or more municipalities POLITICAL SUBDIVISIONS may jointly <-- cooperate in the establishment of an emergency management program in conformance with the provisions of 53 Pa.C.S.

20180SB1019PN1411 - 48 - § 7502.

(a) General rule.--[Each local organization of emergency management shall have] Each county emergency management program and each local emergency management program shall appoint a coordinator who shall be responsible for the planning, administration and operation of the [local organization] respective emergency management program subject to the direction 20180SB1019PN1876 - 57 - and control of the chief elected executive officer [or] and governing body.

(A.2) BACKUP COORDINATOR.--TO THE GREATEST EXTENT POSSIBLE, <-- EACH COUNTY EMERGENCY MANAGEMENT PROGRAM AND LOCAL EMERGENCY MANAGEMENT PROGRAM SHALL HAVE A BACKUP COORDINATOR.

Upon failure of the executive officer or governing body of the county to make a recommendation of a person for coordinator within the time fixed by the agency, the Governor is authorized to appoint a coordinator based upon the recommendation of the 20180SB1019PN1411 - 49 - director of the agency.] (1) The chief elected executive officer of each county shall appoint a coordinator of the county emergency management program within 90 days of a vacancy.

(2) A temporary or acting coordinator shall be appointed 20180SB1019PN1876 - 58 - by the chief elected executive officer, and the agency shall be notified of the appointment within 24 hours of a vacancy.

Any other law notwithstanding, a local government official may be recommended for appointment.] Local coordinators.-- (1) The chief elected executive officer of a municipality with a local emergency management program shall appoint a coordinator and provide written notice to the county where the local emergency management program is 20180SB1019PN1411 - 50 - located within 30 days following his appointment.

At no time shall the coordinator position remain vacant for 20180SB1019PN1876 - 59 - more than 24 hours, and a temporary or acting coordinator may only serve for a period of 90 days unless otherwise appointed as a coordinator under paragraph (1).

(2) (i) An appointing authority THE CHIEF ELECTED <-- EXECUTIVE OFFICER OR THE GOVERNING BODY OF THE POLITICAL SUBDIVISION shall remove a coordinator for incompetence, dishonesty or commitment of a felony or an offense involving moral turpitude under Federal, State or local laws or ordinances.

(ii) A county or local coordinator serves at the pleasure of the appointing authority CHIEF ELECTED <-- EXECUTIVE OFFICER and may be removed for any reason.

20180SB1019PN1411 - 51 - (e) In-service training.--Each coordinator appointed [coordinator] under this section shall:

(1) [Attend and successfully complete the first phase of 20180SB1019PN1876 - 60 - the career development program as prescribed by the agency within one year after appointment.] Successfully complete the basic certification program of the agency no later than one year after appointment.

20180SB1019PN1411 - 52 - (f) Responsibility for training.--Responsibility for the professional in-service training of each coordinator rests with each successive higher [political subdivision] emergency 20180SB1019PN1876 - 61 - management program than the one in which the coordinator is functioning.

(g) Expenses.--[Each appointed] The county, municipality <-- POLITICAL SUBDIVISION or council of governments served by the <-- coordinator shall reimburse the coordinator [shall be reimbursed] for actual expenses incurred in the performance of his duties and attendance at scheduled meetings[.], exercises and required training as prescribed by the agency, county, <-- municipality POLITICAL SUBDIVISION or council of governments.

<-- § 7503.

(2) Establish, equip and staff an emergency operations center, consolidated with warning and communication systems to support government operations in emergencies and provide 20180SB1019PN1411 - 53 - other essential facilities and equipment for agencies and activities assigned emergency functions in accordance with agency directives.

20180SB1019PN1876 - 62 - (3) Provide individual and organizational training programs to [insure] ensure prompt, efficient and effective disaster emergency services.

20180SB1019PN1411 - 54 - (b) County emergency management program.--A county shall develop, maintain and manage its emergency management program and capabilities as prescribed by the agency.

The program shall 20180SB1019PN1876 - 63 - include the following:

20180SB1019PN1411 - 55 - (11) Maintaining ACQUIRING training records for <-- coordinators of local emergency management programs within the county.

20180SB1019PN1876 - 64 - (12) Submitting certification documentation to the agency for county staff and staff of municipalities within the county.

(16) Participating in planning for continuity of municipal government and continuity of municipal operations and providing assistance UPON REQUEST where feasible.

<-- (17) Coordinating the delivery of citizen education 20180SB1019PN1411 - 56 - programs and supplementing materials as necessary.

(18) Coordinating the delivery of awareness and 20180SB1019PN1876 - 65 - education programs for county and municipal elected officials on preparedness and emergency management topics.

(23) Reviewing emergency plans and emergency operations plans developed by municipalities, dependent care facilities <-- and other entities located within the county that are required by law or regulation to develop and maintain an emergency plan.

(24) Coordinating the development and maintenance <-- ENGAGEMENT of a countywide animal rescue capability <-- consistent with standards and guidelines established by the agency in conjunction with the Department of Agriculture and the Pennsylvania State Animal Response Team.

The coordinator shall engage a county animal response team, if one exists, in planning activitiesactivities. OR UTILIZE MUTUAL AID TO ENGAGE A COUNTY <-- ANIMAL RESPONSE TEAM WHERE APPROPRIATE.

20180SB1019PN187620180SB1019PN1411 - 6657 - (c) Local emergency management program.--A municipality <-- POLITICAL SUBDIVISION required to establish a local emergency <-- management program under section 7501 (relating to general authority of county and local POLITICAL SUBDIVISIONS' emergency <-- management programs) shall develop, maintain and manage programs and capabilities as prescribed by the agency that shall include, but not be limited to, the following:

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

(3) Providing updated resource management information to the county emergency management program where the municipality POLITICAL SUBDIVISION is located and to the <-- county 911 center upon request.

(4) Coordinating the municipality's POLITICAL <-- SUBDIVISION'S National Incident Management System compliance activities.

(5) Following reporting protocols established by the county emergency management program where the county 911 centers and the municipality POLITICAL SUBDIVISION are <-- located.

20180SB1019PN1876 - 67 - (8) Providing training for staff of the local emergency management program and maintaining training records and certification documentation.

TRAINING20180SB1019PN1411 RECORDS- SHALL58 BE- <--(9) PROVIDEDCoordinating TOemergency THEcommunications COUNTYby UPONdoing REQUEST.the following:

(9) Coordinating emergency communications by doing the following:

(ii) Coordinating and cooperating with the county emergency management program where the municipality <-- POLITICAL SUBDIVISION is located and other relevant <-- organizations and entities for interoperable emergency communications.

(10) Participating in continuity of municipal LOCAL <-- government and continuity of municipal LOCAL operations <-- planning.

(11) Coordinating the delivery of citizen education programs by the municipality POLITICAL SUBDIVISION and <-- supplementing materials as necessary.

(12) Coordinating the delivery of awareness and education programs by the municipality POLITICAL SUBDIVISION <-- for municipal LOCAL elected officials for preparedness and <-- emergency management topics.

(15) Seeking and promoting opportunities to improve the 20180SB1019PN1876 - 68 - efficiency of preparedness and emergency management through regionalization of services as appropriate.

(17) Reviewing emergency management plans and programs developed by elementary and secondary schools, dependent care facilities and other entities located within the municipality <--20180SB1019PN1411 POLITICAL- SUBDIVISION59 - that are required by law or the <-- Commonwealth to develop and maintain preparedness and emergency management capabilities.

The coordinator shall provide an annual report to the coordinator of the county emergency management program where the municipality POLITICAL <-- SUBDIVISION is located on or before September 1 of each year describing the status of the plans reviewed under this paragraph.

When two or more [politicalpolitical subdivisions]subdivisions MUNICIPALITIES within a <-- county are affected, the county organization shall exercise responsibility for coordination and support to the area of operations.

(b) Assistance from higher government unit.--When all appropriate locally available forces and resources are fully committed by the affected political subdivision, assistance from 20180SB1019PN1876 - 69 - a higher level of government shall be provided.

In disaster emergencies, requests for mutual aid assistance shall be referred to the 20180SB1019PN1411 - 60 - organization having responsibility for coordination as specified in subsection (a) and in time of emergency it shall be the duty of each local organization to render assistance in accordance with the provisions of the mutual aid agreements.

(a) [General rule.--Every political subdivision shall have the power to] Power.-- (1) A political subdivision may make appropriations for the payment of expenses [of the local organization] for 20180SB1019PN1876 - 70 - preparedness and emergency management activities PLANS in the <-- manner provided by law for making appropriations for the ordinary expenses of the political subdivision.

(b) Two or more local [organizations] emergency management programs or county emergency management programs.-- 20180SB1019PN1411 - 61 - (1) Nothing in this subchapter or any other provision of this part shall be deemed to limit the power of any political subdivision to appropriate money for the purpose of paying the expenses of a local [organization] emergency management program or a county emergency management program having jurisdiction both within and without the political subdivision even though an appropriation has been or is to be made to another local [organization] emergency management program or another county emergency management program coterminous with or having jurisdiction within the political subdivision.

Law applicable to local [organizations] emergency 20180SB1019PN1876 - 71 - management programs and county emergency management programs.

[(a) General rule.--]Where the jurisdiction of the local [organization] emergency management program or the county emergency management program is coterminous with the political subdivision making an appropriation for the payment of the expenses, the local [organization] emergency management program or the county emergency management program, as the case may be, shall be deemed an agency, board or commission of the political 20180SB1019PN1411 - 62 - subdivision, subject to all of the laws governing the making of contracts or purchases, the employment of persons or otherwise incurring financial obligations which apply to the political subdivision.

(a) [General rule.--] Duty to enter into agreements.-- (1) Where a local [organization] emergency management program or a county emergency management program has jurisdiction in an area including all or parts of more than one political subdivision which does not include the whole area of any county, the political subdivisions, all or part 20180SB1019PN1876 - 72 - of which lie within the jurisdiction of the [organization] local emergency management program or the county emergency management program, as the case may be, shall, before paying any expenses of the [organization] local emergency management program or the county emergency management program, enter into an agreement designating one of the political subdivisions as the agent of each of them for the purpose of paying the expenses of the local [organization.] emergency management program or the county emergency management 20180SB1019PN1411 - 63 - program.

(b) Counties.--Where the local [organization] emergency 20180SB1019PN1876 - 73 - management program or the county emergency management program has jurisdiction in an area including the whole area of one or more counties which is not coterminous with any one county, before paying any expenses of the [organization] local emergency management program or the county emergency management program, as the case may be, the counties, all or part of which lie within the jurisdiction of the [organization] local emergency management program or the county emergency management program, shall enter into an agreement in the manner and form provided in 20180SB1019PN1411 - 64 - subsection (a) and with like effect, and no other political subdivision lying within the jurisdiction of the [organization] local emergency management program or the county emergency management program, as the case may be, shall be a party to the agreement.

20180SB1019PN1876 - 74 - (2) In each case, the officer or officers shall have the same power to approve or disapprove as they have 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) Gift or grant of money.--Any gift or grant of money made to the local [organization] emergency management program or the county emergency management program or to the political subdivision for the payment of expenses incurred or to be 20180SB1019PN1411 - 65 - incurred by or for the [organization] local emergency management program or the county emergency management program, as the case may be, shall be deposited in the treasury of the political subdivision and shall be appropriated by the political subdivision for the purpose for which the gift or grant was made, and any bills or claims to be paid from the gift or grant shall be paid in the manner provided in this subchapter for the payment of other bills and claims against the political subdivision.

(a) General rule.--Where two or more political subdivisions have entered into an agreement as provided by section 7513 (relating to agreements among political subdivisions), all bills and claims for expenses incurred by or for the local [organization] emergency management program or the county emergency management program shall thereafter be paid in the first instance by the political subdivision named as agent in the agreement in the manner provided in section 7514 (relating to payments involving one political subdivision) as though the [organization] local emergency management program or the county emergency management program, as the case may be, were 20180SB1019PN1876 - 75 - coterminous with the political subdivision[, and the organization].

(b) Accounting by agent.--The political subdivision designated as agent shall, not later than the fifteenth day of each month, submit an itemized account of the expenses of the 20180SB1019PN1411 - 66 - [organization] local emergency management program or the county emergency management program paid by it during the preceding calendar month to each of the other political subdivisions party to the agreement, together with a request for reimbursement of the proportionate share of expenses agreed to be paid by each of the other political subdivisions.

(2) No political subdivision may be compelled to pay for 20180SB1019PN1876 - 76 - any one year an amount greater than the amount estimated in the agreement as its proportionate share.

(3) Any payment made by any political subdivision to the political subdivision named as agent in the agreement for reimbursement for the payment of the expenses of the [organization] local emergency management program or the county emergency management program shall be credited by the agent political subdivision to the appropriation made by it for the payment of the expenses of the [organization] local 20180SB1019PN1411 - 67 - emergency management program or the county emergency management program and shall be available for the payment of future expenses of the [organization] local emergency management program or the county emergency management program, as the case may be, without further appropriation or action by the agent political subdivision.

(2) If the gift or grant of money is made to the [organization] local emergency management program or the county emergency management program, it shall be deposited in the treasury of the political subdivision named as agent in the agreement and shall be appropriated by the political subdivision for the purpose for which the gift or grant was 20180SB1019PN1876 - 77 - made.

Section 66. 12.

Chapter 75 of Title 35 is amended by adding a <-- subchapter to read:

20180SB1019PN1411 - 68 - SUBCHAPTER C REGIONAL ALL-HAZARDS PREPAREDNESS AND EMERGENCY MANAGEMENT Sec.

(a) Establishment.--The agency, in coordination with Commonwealth agencies as designated by the Governor, county and local emergency management programs, health, law enforcement, public safety and volunteer organizations and other officials and representatives from dedicated emergency response organizations, private business and industry, institutions of higher education, hospitals and medical care facilities,facilities <-- WHOLESALE DISTRIBUTORS OF PRESCRIPTION MEDICATIONS AND MEDICAL SUPPLIES and other entities responsible for the health, safety and welfare of the residents of PEOPLE WITHIN this Commonwealth <-- 20180SB1019PN1876 - 78 - shall establish regional task forces throughout this Commonwealth.

health, law enforcement, fire and emergency medical services (EMS), to be chosen in a manner 20180SB1019PN1411 - 69 - determined by the regional task force.

(ii) The regional task force executive board shall designate one of its member counties as its agent responsible for entering into contracts and grant 20180SB1019PN1876 - 79 - agreements, and administering any funds, grants or expenses of the regional task force.

(iii) Either a joint resolution establishing a council of governments or an intergovernmental cooperation agreement fully executed by the governing bodies of member counties must be received by the agency prior to the release of contract or grant funds to the 20180SB1019PN1411 - 70 - designated agent member county.

Each regional task force member county will be 20180SB1019PN1876 - 80 - represented in a cooperative contract or grant agreement and responsible for executing the contract or grant agreement on behalf of the member county it represents in the region.

(iii) Each county will be responsible for regional task force expenditure of grant funds and purchases that are maintained, delivered or reside in the respective 20180SB1019PN1411 - 71 - regional task force county.

The agency shall review and accept each plan in a timely manner, but no later than 90 days after receipt of the 20180SB1019PN1876 - 81 - plan by the agency.

(2) To comply with Federal and State requirements regarding National Incident Management System training and certification, emergency response equipment typing and 20180SB1019PN1411 - 72 - emergency responder credentialing.

(6) To maintain a multiyear training and exercise plan and attend training and related sessions as directed or 20180SB1019PN1876 - 82 - conducted by the agency.

(f) Activation and deployment.--A regional task force or a 20180SB1019PN1411 - 73 - subset of the regional task force may be activated and deployed by the Governor or the designee of the Governor, or an official designated by the executive board of the regional task force that established it.

(2) The regional task force must enter into a written agreement with each specialized regional response team that 20180SB1019PN1876 - 83 - it establishes.

(5) A specialized regional response team shall be 20180SB1019PN1411 - 74 - subject to the laws governing the making of contracts or purchases, the employment of persons or otherwise incurring financial obligations.

(b) Organization and responsibilities.--Specialized 20180SB1019PN1876 - 84 - Statewide response teams shall be organized in accordance with guidelines developed by the agency in consultation with applicable Federal or Commonwealth agencies.

During an activation and deployment, the administrative and operational costs of the specialized Statewide response team, its individual members and their 20180SB1019PN1411 - 75 - employers, Commonwealth agencies and other parties shall be negotiated and paid by the entity that activated and deployed the specialized Statewide response team.

(b) Grants and funding.--Regional task forces, specialized 20180SB1019PN1876 - 85 - regional response teams and specialized Statewide response teams may receive grants and funding from the Federal Government and the Commonwealth through application to the agency or any other entity providing grants or funding for the purposes of this part to the extent they are organized pursuant to section 7521(c).

Nothing in this part shall be construed to permit an insurer 20180SB1019PN1411 - 76 - to raise workers' compensation premiums due to the participation or membership of a county, municipalitymunicipality, POLITICAL SUBDIVISION, <-- emergency services organization, individual or employer on a task force or response team described in this part.

Section 77. 13.

Section 7604(a) of Title 35 is amended to <-- read:

The Secretary of the Budget shall, within five days of a transfer of funds authorized under this section, notify the chairman and minority chairman of the Appropriations Committee 20180SB1019PN1876 - 86 - of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives of such transfer.

20180SB1019PN1411 - 77 - * * * Section 88. 14.

Title 35 is amended by adding a section to <-- read:

Section 99. 15.

Sections 7701, 7702, 7703 and 7704 of Title 35 <-- are amended to read:

(a) Governor.--In addition to disaster prevention measures included in the Commonwealth and local plans, the Governor shall 20180SB1019PN1876 - 87 - consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters.

(b) Department of Environmental [Resources] Protection.--The Department of Environmental [Resources] Protection, in conjunction with the [Pennsylvania Emergency Management Agency,] Department of Community and Economic Development, the Department of Transportation and the agency, shall keep land uses, flood plain designations and construction of structures and other 20180SB1019PN1411 - 78 - facilities under continuing study and identify areas which are particularly susceptible to severe land shifting, subsidence, flood or other catastrophic occurrence.

(d) Schools.--[Public-funded universities, colleges,] Institutions of higher education and elementary and secondary 20180SB1019PN1876 - 88 - schools that receive public funds shall be made available to [local] municipal, county, regional and [State] Commonwealth officials for emergency planning and exercise purposes and actual [service as mass-care facilities in the event of an emergency evacuation] emergency services.

(f) Disaster response and emergency preparedness [drills] 20180SB1019PN1411 - 79 - exercises.--[Annually, schools and custodial child care facilities shall conduct at least one disaster response or emergency preparedness plan drill.] Every emergency action plan developed under subsection (g) shall provide for the conduct of at least one disaster exercise annually as specified by the agency.

A copy of the plan shall be provided to the county emergency management agency.] Every dependent care facility, including, but not limited to, 20180SB1019PN1876 - 89 - elementary and secondary schools, shall develop and be prepared to implement an all-hazards emergency action plan in accordance with standards established by the agency.

(h) Large event plans.-- (1) When an event involves the congregation of a large number of people so that a disaster emergency could potentially overwhelm the resources of the dedicated emergency response organizations responsible for the event or would be likely to respond in the geographic area where the event is to be held, the sponsoring organization of the event 20180SB1019PN1411 - 80 - shall develop an emergency action plan as specified by the agency.

20180SB1019PN1876 - 90 - (i) Promptly share all-hazards information with the agency and other Commonwealth agencies in accordance with standards and all-hazards information guidance issued and the all-hazards information plan developed by the agency and consistent with the statutory responsibilities of the agencies providing and receiving the information.

(ii) Cooperate in and facilitate the collection and validation of the information and the production of reports based on the information with contents and formats that permit dissemination that maximizes the utility of the information in protecting the territory, residents PEOPLE WITHIN and interests of this <-- Commonwealth.

(iii) Facilitate implementation of the all-hazards 20180SB1019PN1411 - 81 - information plan developed by the agency.

(3) A private entity that becomes aware of all-hazards information or threats that may impact the health, safety and welfare of the residents of PEOPLE WITHIN this Commonwealth <-- shall do all of the following:

(4) Documents, information or other materials received by the agency or law enforcement organizations under paragraph (3)(i) shall be subject to section 7716 (relating to confidentiality) and other Federal or State law protecting 20180SB1019PN1876 - 91 - proprietary information or trade secrets and the release or use of the information.

(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 or school district, services, equipment, 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 or school district, acting with the consent of the Governor and through its chief elected executive officer or governing body, may accept the offer and upon acceptance the Governor or chief elected executive officer or governing body of the political subdivision 20180SB1019PN1411 - 82 - or school district may authorize any officer of the Commonwealth or of the political subdivision or school district, as the case may be, to receive the services, equipment, supplies, materials or funds on behalf of the Commonwealth or political subdivision or school district subject to the terms of the offer and the rules and regulations, if any, of the agency or person making the offer.

[(b) Property of Commonwealth.--All equipment, supplies and materials referred to in subsection (a) shall, when accepted by the Commonwealth, be 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 "The Administrative Code of 1929," unless the General Assembly directs otherwise by statute.] (c) Indemnification.-- (1) Except as set forth under paragraph (2), the 20180SB1019PN1876 - 92 - Commonwealth may indemnify or hold harmless and save the United States free from damages arising from a response to the Commonwealth's request for direct Federal assistance pursuant to the Stafford Act.

20180SB1019PN1411 - 83 - (a) General rule.--Upon finding that a vulnerable area lies only partly within this Commonwealth and includes territory in another state or states or territory in a foreign jurisdiction and that it would be desirable to establish an interstate relationship, mutual aid or an area organization for disaster emergency services, the Governor shall take steps to that end as desirable.

If the other jurisdiction or jurisdictions with which the Governor proposes to cooperate pursuant to subsection (a) have not enacted [that] the relevant compact, the Governor may negotiate special agreements with the 20180SB1019PN1876 - 93 - jurisdiction or jurisdictions.

(a) General rule.--Neither the Commonwealth, nor any Commonwealth agency, nor any political subdivision [thereof nor other agencies] nor, except in cases of willful misconduct, gross negligence, recklessness or bad faith, the agents, employees, volunteers or representatives of any of them engaged 20180SB1019PN1411 - 84 - in any emergency services activities, nor, except in cases of willful misconduct [or], gross negligence, recklessness or bad faith, any individual or other person under contract with them to provide equipment or work on a cost basis to be used in disaster relief, nor, except in cases of willful misconduct [or], gross negligence, recklessness or bad faith, any person, firm, corporation or an agent or employee of any of them engaged in [disaster] emergency 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 be liable for the death of or any injury to persons or loss or damage to property as a result of that activity.

(b) Real estate owners.--Any person[, organization] or authority owning or controlling real estate or other premises, who voluntarily and without compensation[,] grants a license or privilege or otherwise permits the designation or use of the 20180SB1019PN1876 - 94 - whole or any part or parts of the real estate or premises for any emergency services purpose, shall, together with his successors in interest, if any, not be civilly liable for [negligently] causing the death of or injury to or loss or damage to the property of any person who is upon the real estate or other premises for that purpose.

[(c) Other benefits unaffected.--This section does not affect the right of any person to receive benefits to which he would otherwise be 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.] (d) Effect on other immunities.--The immunity provided in this section does not supersede and is in addition to other 20180SB1019PN1411 - 85 - immunities provided by law.

Section 1010. 16.

Title 35 is amended by adding a section to <-- read:

Section 1111. 17.

Sections 7705, 7706 and 7707 of Title 35 are <-- amended to read:

(a) Roadway clearance.--Whenever the Governor shall have 20180SB1019PN1876 - 95 - proclaimed a disaster emergency under section 7301(c) (relating to [declaration of disaster emergency)] general authority of Governor), officials of any political subdivision included in the disaster emergency shall have the authority to clear such roadways as are necessary for the health, safety and welfare of residents, even though such roadways are not officially the responsibility of such political subdivision.

(b) Water systems.--Whenever the Governor shall have proclaimed a disaster emergency under section 7301(c) and in the event that a water system owned or operated by a political subdivision or municipal authority is damaged, destroyed or made inoperable as a direct result of such disaster emergency, the political subdivision or municipal authority shall have the 20180SB1019PN1411 - 86 - authority to lease or hire such personnel and equipment as may be needed to effect restoration of such water system.

(a) Benefits.--[All duly enrolled emergency management volunteers, and such other volunteers as the agency shall by regulation qualify, who are not eligible to receive benefits under the Workmen's Compensation Laws shall be entitled, except 20180SB1019PN1876 - 96 - during a state of war or period of armed conflict within the continental limits of the United States, to the following benefits relating to injuries sustained while actually engaged in emergency management activities and services or in or en route to and from emergency management tests, drills, exercises or operations authorized by the Pennsylvania Emergency Management Agency and carried out in accordance with rules and orders promulgated and adopted by the agency:

(3) Weekly payments of $200, not to exceed six months in duration, beginning on the eighth day of disability directly 20180SB1019PN1411 - 87 - arising from accidental injury rendering the individual totally incapable of following his normal gainful pursuits.] Volunteers of the agency, a regional task force, specialized Statewide response teams, specialized regional response teams, the Commonwealth emergency management program, a county emergency management program WHEN DEPLOYED BY THE AGENCY or a <-- local emergency management program are deemed to be employees of the Commonwealth or of the county or municipality by whose <-- program they are deployed for purposes of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, when engaging in or performing the following activities:

(1) Deployment by the applicable emergency management <-- official AGENCY and participation in emergency services <--activities. activities AS AUTHORIZED OR APPROVED BY THE AGENCY.

<-- (2) Going to or returning from an emergency or disaster 20180SB1019PN1876 - 97 - emergency to which the program members have been deployeddeployed. BY <-- THE AGENCY.

(3) Required training, exercise or related official functions designated and,and authorized AND APPROVED by the <-- applicable emergency management officialofficial. AGENCY.

<-- (b) [Source of funds.--All benefits hereby authorized shall be paid out of funds appropriated to the agency.

TWO-THIRDS(c) OFApplicability.--The THEprovisions <--of WEEKLYthis WAGESsection THEshall VOLUNTEERnot WOULDapply HAVEto RECEIVEDthe FROMextent EMPLOYMENTthat INthe THEvolunteer VOLUNTEER'Sis USUALotherwise OCCUPATION,covered PROVIDEDfor THATworkers' WAGEcompensation RECOVERYpurposes MAYunder NOTan EXCEEDexisting THEpolicy, STATEWIDE20180SB1019PN1411 MAXIMUM- WEEKLY88 COMPENSATION- RATEagreement, ESTABLISHEDcontract PURSUANTor TOlaw, THEnor WORKERS'shall COMPENSATIONthis ACT.section apply to an individual who self-deploys or has not been authorized to respond in accordance with subsection (a).

IF(d) AConstruction.--The VOLUNTEERprovisions ISof UNABLEthis TOsection ESTABLISHshall Anot USUALsupersede OCCUPATIONChapter AND76 ASSOCIATED(relating WAGE,to WAGEemergency RECOVERYmanagement SHALLassistance BEcompact). AT LEAST THE STATEWIDE MINIMUM WEEKLY COMPENSATION RATE ESTABLISHED PURSUANT TO THE WORKERS' COMPENSATION ACT.

(c) Applicability.--The provisions of this section shall not apply to the extent that the volunteer is otherwise covered for workers' compensation purposes under an existing policy, agreement, contract or law, nor shall this section apply to an individual who self-deploys or has not been authorized to respond in accordance with subsection (a).

(d) Construction.--The provisions of this section shall not supersede Chapter 76 (relating to emergency management 20180SB1019PN1876 - 98 - assistance compact).

(1) to pay a fine not exceeding [$200] $500 or to 20180SB1019PN1411 - 89 - imprisonment not exceeding 30 days, or both, for the first offense[,];

20180SB1019PN1876 - 99 - (b) Loss of funds.--[Those political subdivisions in violation of section 7501 (relating to general authority of political subdivisions), section 7502 (relating to local coordinator of emergency management), section 7503 (relating to powers and duties of political subdivisions) or section 7504 (relating to coordination, assistance and mutual aid) shall, at the direction of the council, be subject to loss of Federal personnel and administrative funding for the remainder of the fiscal year in which conviction is established.

Section 1212. 18.

Title 35 is amended by adding sections to <-- read:

(a) Authorization.--A Federal law enforcement officer whose assistance has been requested under section 7301(f)(9) (relating to general authority of Governor) and is working in cooperation with State and local law enforcement officers during a disaster emergency declared by the Governor under section 7301(c) shall be empowered to act as a peace officer for the arrest, with or without a warrant, of offenders against the laws of this Commonwealth if the officer believes that a felony or misdemeanor has been or is about to be committed or attempted in 20180SB1019PN1411 - 90 - the officer's presence.

(b) Operational control.--Federal law enforcement officers working in cooperation with State and local law enforcement officers during a disaster emergency declared by the Governor 20180SB1019PN1876 - 100 - shall come under the operational control of the Pennsylvania State Police or as otherwise directed by the Governor.

(3) Other information in a form produced, compiled or maintained under this part and not otherwise exempt from access under this section or the Right-to-Know Law, the disclosure of which could, in the determination of the director, or designee, endanger the life or physical safety of an individual or the physical safety of property in this 20180SB1019PN1411 - 91 - Commonwealth.

(b) Open meetings exception.--Meetings of the council, a county emergency management program, a local emergency management program or a task force or response team organized in 20180SB1019PN1876 - 101 - accordance with this part, relating to preparedness and emergency management, shall not be subject to the provisions of 65 Pa.C.S.

SECTIONSection 19.13.

SECTIONS 7813(A) AND (C) AND 7823(A) OF TITLE 35 <-- ARE AMENDED BY ADDING PARAGRAPHS TO READ:

§ 7813.

AWARD OF GRANTS.

(A) AUTHORIZATION.--THE AGENCY IS AUTHORIZED TO MAKE A GRANT AWARD TO EACH ELIGIBLE FIRE COMPANY FOR THE FOLLOWING:

* * * (6) BODY ARMOR OR OTHER PROTECTIVE GEAR WORN ON THE BODY AND MEANT TO PROVIDE PROTECTION FROM WEAPONS.

* * * (C) TIME FOR FILING APPLICATION AND DEPARTMENT ACTION.-- * * * (3) NOTWITHSTANDING PARAGRAPH (2), FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, THE AGENCY MAY APPROVE A GRANT APPLICATION AND MAKE A GRANT AWARD TO A FIRE COMPANY THAT HAS SUBMITTED AN APPLICATION AFTER THE APPLICATION SUBMISSION DEADLINE IF:

(I) AFTER THE AGENCY HAS MADE ALL GRANT AWARDS PURSUANT TO APPROVED, TIMELY FILED APPLICATIONS, FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY FOR GRANT AWARDS 20180SB1019PN1876 - 102 - UNDER THIS SUBCHAPTER REMAIN AVAILABLE.

IF THE TOTAL DOLLAR AMOUNT OF APPROVED APPLICATIONS UNDER THIS PARAGRAPH EXCEEDS THE AMOUNT OF FUNDS REMAINING AVAILABLE, GRANTS MAY BE AWARDED ON A PRO RATA BASIS.

(II) THE FIRE COMPANY IS OTHERWISE ELIGIBLE TO RECEIVE A GRANT UNDER THIS SUBCHAPTER.

* * * § 7823.

AWARD OF GRANTS.

(A) AUTHORIZATION.--THE AGENCY IS AUTHORIZED TO MAKE A GRANT AWARD TO EACH ELIGIBLE EMS COMPANY FOR THE FOLLOWING:

* * * (5) BODY ARMOR OR OTHER PROTECTIVE GEAR WORN ON THE BODY AND MEANT TO PROVIDE PROTECTION FROM WEAPONS.

* * * SECTION 20.

SECTION 79A11 OF TITLE 35 IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 79A11.

PROGRAM AUTHORIZATION.

* * * (E) GUIDELINES.--THE COMMISSIONER SHALL PROVIDE GUIDELINES ON THE TAX CREDIT PROGRAM TO MUNICIPALITIES.

Section 13 21.

<-- (1) The General Assembly declares that the repeals under paragraphs (2) and (3) are necessary to effectuate this act.

Section 1414. 22.

AS20180SB1019PN1411 <--- FOLLOWS:92 -

20180SB1019PN1876 - 103 - (1) THE ADDITION OF 35 PA.C.S.

§ 7301(F)(11) SHALL TAKE EFFECT JANUARY 1, 2020.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

20180SB1019PN1876 - 104 -