Pennsylvania Emergency Management and Homeland Security Statutory Authorities Summarized

Order Code RL32330

CRS Report for Congress

Received through the CRS Web

Pennsylvania Emergency Management and

Homeland Security Statutory Authorities

Summarized

March 23, 2004

Keith Bea

Specialist in American National Government

Government and Finance Division

L. Cheryl Runyon and Kae M. Warnock, Consultants

Consultants

Government and Finance Division

Congressional Research Service ˜ The Library of Congress

Pennsylvania Emergency Management and Homeland

Security Statutory Authorities Summarized

Summary

The Emergency Management Services Code (35 Pa. C.S.A. 7101 et seq.) for

Pennsylvania outlines emergency management roles and responsibilities for the

commonwealth and local governments. Provisions include the authority of the

governor to take emergency action, the mission of the Pennsylvania Emergency

Management Agency, and mandates to be taken to reduce the risk of future disasters.

The Emergency Interim Executive and Judicial Succession Act (71 P.S. 779.1 et seq.)

provides for the continuity of government operations. The Temporary War

Legislation (35 P.S. 2001 et seq.) authorizes civil defense actions to be taken by state

officials.

This report is one of a series that profiles emergency management and homeland

security statutory authorities of the 50 states, the District of Columbia, the

Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,

American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the

more significant elements of state statutes, generally as codified. Congressional

readers may wish to conduct further searches for related provisions using the Internet

link presented in the last section of this report. The National Conference of State

Legislatures provided primary research assistance in the development of these

profiles under contract to the Congressional Research Service (CRS). Summary

information on all of the profiles is presented in CRS Report RL32287. This report

will be updated as developments warrant.

Contents

Entities with Key Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Preparedness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Declaration Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Types of Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Mutual Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Hazard Mitigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Continuity of Government Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

For Further Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

List of Tables

Table 1. Key Emergency Management and Homeland Security

Terms Defined in Pennsylvania Statutes, with Citations . . . . . . . . . . . . . . . . 6

Pennsylvania Emergency Management and

Homeland Security Statutory Authorities

Summarized

Entities with Key Responsibilities

Governor: The governor is authorized to issue, amend, and rescind executive

orders, proclamations and regulations; activate emergency response programs and

deploy forces; use and distribute stockpiled supplies, equipment, materials and

facilities; serve as commander in chief of the commonwealth military forces; suspend

statutory provisions that would prevent, hinder, or delay action to cope with an

emergency; use all resources of the commonwealth and its political subdivisions to

cope with an emergency; transfer personnel or functions of agencies to aide

emergency services; commandeer and use any private, public or quasi-public

property, with compensation; direct the evacuation of the population from stricken

or threatened areas; prescribe routes, destinations and transportation modes for

evacuation; control ingress or egress to a disaster area; and suspend or limit the sale

of alcohol, firearms, explosives, and combustibles during an emergency (35 Pa.

C.S.A. §7301).

Pennsylvania Emergency Management Agency, (PEMA): The agency is required

to prepare and maintain the state emergency management plan; assist state and local

governments with the design of emergency management plans and training programs;

coordinate commonwealth, federal and local emergency management activities and

plans; identify areas most vulnerable to disasters and recommending zoning, building

and land-use controls to eliminate or reduce the impact of disasters; erect temporary

works to protect against or mitigate damage from floods or other disasters; and

provide notice on disasters and information and instructions to the public. The

agency must report annually to the General Assembly on commonwealth

preparedness, recommend legislation to the governor, and undertake other activities

as specified (35 Pa. C.S.A. §7311, 7313, 7314). In addition, the agency must submit

an annual report on local emergency planning committee activities to the general

assembly (35 Pa. C.S.A. §6022.212).

State Director (PEMA): The director is appointed by the governor, has fiscal,

planning, administrative, operational, and other duties, and is charged with

coordinating the commonwealth and local disaster response efforts (35 Pa. C. S. A.

§7312).

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Pennsylvania Emergency Management Council: The council, consisting of the

governor, other state officials, legislative leaders, representatives from the business,

labor, and public-at-large sectors, and local officials in non-voting positions, has

primary responsibility for establishing the policy and direction of the civil defense

and disaster program for the commonwealth (35 Pa. C.S.A. §7312 (a)).

Local coordinator of emergency management: Each local coordinator is

responsible for the planning, administration, and operations of local emergency

management. The statute lists qualifications and in-service training requirements for

coordinators (35 Pa. C.S.A. §7502).

Local governments: After the governor issues a disaster emergency

proclamation each unit of government is authorized to clean roadways and lease or

hire personnel and equipment to restore water systems, if necessary (35 Pa. C.S.A.

§7705). Each unit of government must establish a local emergency management

organization and is responsible for: emergency management, response, and recovery

within its territory (35 Pa. C.S.A. §7501 (a)); preparation and maintenance of a

disaster emergency management plan; establishment of an emergency operations

center; and other actions as specified (35 Pa. C.S.A. §7503). The statute authorizes

units of government to: enter into contracts and incur obligations for emergency

management, response and recovery (35 Pa. C.S.A. §7501 (c)); rent equipment and

buy supplies and materials during an emergency without meeting customary

contracting requirements; levy taxes; and appropriate and spend public funds (35 Pa.

C.S.A. §7501(d)).

Emergency Management Council: The council serves as an emergency response

commission pursuant to the federal Community Right-to-Know Act (42 U.S.C.

11001), prescribes duties for local emergency planning committees and

commonwealth agencies under the federal statute, and establishes requirements for

training, equipment, public education (35 Pa. C.S.A. § 6022.201).

Local emergency planning committee: Each county must establish a committee

that is supervised by the emergency management council and works with the county

emergency management agency to prepare emergency response plans (35 Pa. C.S.A.

§ 6022.203).

Preparedness

See “Entities with Key Responsibilities,” PEMA.

PEMA must maintain integrated communications systems to provide weather

advisories, river forecasts, warnings, and direction and control of all emergency

preparedness functions within the commonwealth (35 Pa. C.S.A. §7312 (h)).

PEMA has jurisdiction over the 911 telephone program (71 P.S. §1709.303).

Universities, colleges, elementary and secondary schools must be used for

planning and exercises and as mass care facilities during the evacuation of a stricken

or threatened area (35 Pa. C.S.A. §7701 (d)). School buses and transportation

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vehicles from schools and universities are to be available for planning and exercises

and evacuations (35 Pa. C.S.A. §7701 (e)).

All schools must conduct one tornado or other natural disaster drill per year and

must have prepared disaster response plans (35 Pa. C.S.A. §7701 (f), (g)).

The state Hazardous Materials Emergency Planning and Response Act is

codified (35 P.S. §6022.101 et seq.).

State Council of Civil Defense: The council must, during a war between the

United States and any foreign country, protect the civilian population and property

during air raids. The mandate for the council includes formulating and executing

plans, making personnel and equipment available, and organizing volunteers, among

other directives (35 P. S. §2002 - §2011).

Declaration Procedures

The governor, by executive order or proclamation, is authorized to declare that

a state of disaster emergency exists, which continues until the governor finds that the

threat or danger has passed. Such a declaration may be terminated by executive order

or proclamation, or by the general assembly through a concurrent resolution (which

must be followed by a gubernatorial order terminating the disaster emergency). A

state of emergency cannot extend beyond 90 days, except if renewed by the governor.

Declarations must indicate the nature of the emergency, the affected geographic area,

and conditions for declaring or discontinuing the emergency (35 Pa. C.S.A. §7301).

The governing body of a unit of local government may declare a local disaster

emergency, or may authorize the mayor or chief executive officer to issue the

declaration, subject to ratification by the governing body. The disaster emergency

cannot exceed a seven day period unless continued or renewed by the governing

body. Such a declaration and associated continuations or termination orders must be

given general publicity. The issuance of such a declaration activates response and

recovery efforts and local plans (35 Pa. C.S.A. §7501 (b)).

Types of Assistance

The governor is authorized to: purchase or lease temporary housing units for

disaster victims; assist political subdivisions to acquire sites for temporary housing;

advance or lend funds from any appropriation or pass-through funds or cooperate

with political subdivisions to acquire temporary housing; use commonwealth credit

to pay for temporary housing; and suspend or modify for a maximum period of 60

days public health, safety, zoning and transportation statutes/regulations to provide

temporary housing (35 Pa. C.S.A. §7302).

The statute authorizes the use of public agencies to remove debris and wreckage

from public and private land or water as well as staff entry to private land or waters

to perform necessary tasks. Responding staff are not liable for death or injury to

persons or property damage while performing tasks (35 Pa. C.S.A. §7303).

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The governor is authorized to apply to the federal government on behalf of

political subdivisions for community disaster loans. The governor is to decide on the

amount needed to restore or resume governmental functions and certify the amount

to the federal government, to a maximum of 25% of the annual operating budget per

fiscal year for each applicant. The governor is authorized to recommend cancellation

of repayment if, within the first three fiscal years, revenues are not sufficient for

repayment to the federal government (35 Pa. C.S.A. §7304).

The governor is authorized to make grants to meet disaster-related expenses and

serious needs of individuals and families affected by a major disaster that is the

subject of a presidential declaration (35 Pa. C.S.A. §7305).

Mutual Aid

The Emergency Management Assistance Compact is codified (35 Pa. C.S.A.

§7601).

The Interstate Civil Defense and Disaster Compact is codified (35 Pa. C.S.A.

§7111).

County and local emergency management coordinators are authorized to

develop mutual aid agreements for reciprocal emergency assistance (35 Pa. C.S.A.

§7504 (c)).

Local governments are authorized to enter into mutual aid agreements with

similar agencies in other states (35 Pa. C.S.A. §7504 (d)).

The governor is authorized to negotiate interstate agreements that are subject to

legislative approval (35 Pa. C.S.A. §7703).

Funding

Units of local government may appropriate funds to pay expenses needed for

emergency management activities (35 Pa. C.S.A. §7511) and to use gifts or grants

deposited in the state treasury and appropriated for emergency management (35 Pa.

C.S.A. §§7514 (h), 7515 (d)).

All federal funds for disaster assistance or relief (temporary housing, debris and

wreckage removal, community disaster loans) are to be paid into the general fund (35

Pa. C.S.A. §7306). The governor is authorized to transfer unused funds from state

appropriations to clear roadways and restore water systems, to a maximum of $2

million per year. Such transfers cannot occur if state or local entities are eligible for

federal assistance (35 Pa. C.S.A. §7705 (c), (d)). The governor also may transfer

unused funds for disaster relief, generally no more than$10 million in any year unless

the General Assembly acts (35 Pa. C.S.A. §7307).

Hazard Mitigation

See “Entities with Key Responsibilities”—PEMA.

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The governor is authorized to agree to commonwealth participation in funding

mitigation projects if the federal government provides 75% of the cost of hazard

mitigation projects designed to reduce future damages (35 Pa. C.S.A. §7305.1).

The governor is authorized to take steps to prevent or reduce the consequences

of a disaster by making recommendations on mitigation (35 Pa. C.S.A. §7701 (a)).

The Department of Environmental Resources is to continuously study and

review land use patterns and construction, and identify areas susceptible to flooding,

subsidence, or similar threats (35 Pa. C.S.A. §7701 (b)). In addition, other agencies

especially those responsible for missions such as economic recovery, floodplain

management, stream encroachment, fire prevention, and public utilities, should

conduct mitigation studies (35 Pa. C.S.A. §7701 (c)).

Continuity of Government Operations

Emergency seats of local government may be established at any place in or out

of territorial limits on the call of the presiding officer and two members of the

governing body. Officials may establish alternate sites by ordinance or resolution (71

P.S. §777.1 et. seq.).

The governor is authorized to move the state capital from Harrisburg to a

temporary location (71 P.S. §778.1.).

The Emergency Interim Executive and Judicial Succession Act provides for

successors to the governor to be named if the lieutenant governor and president pro

tempore of the Senate are not available. State officers are to designate by title their

successors and the order of succession. Local governing bodies are to enact

resolutions for successors to local offices. The governor is authorized to fill Supreme

Court vacancies, and the chief justice is to fill other vacancies with special

emergency judges. The tenure of interim successors may be terminated by the

legislature through concurrent resolution. Interim successors may be removed by a

designated authority with our without cause (71 P.S. §779.1 et seq).

Other

The statute establishes immunity from civil liability for emergency management

employees and for persons owning or controlling real estate used for emergency

services (35 Pa. C.S.A. §7704).

A state court may order a person convicted of a bomb threat to reimburse state,

county, or municipal corporations for the emergency response costs incurred in

protecting life and property from the threat (18 Pa. C.S.A. §2715 (c)).

If an emergency is declared, agencies are not required to follow state law related

to various responsibilities, including contracts, incurring obligations, temporary

workers, equipment rental and purchase of supplies, or materials (35 Pa. C.S.A.

§7308).

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Volunteers are entitled to compensation for accidental injury if injuries are

sustained during tests, drills, exercises or actual operations approved by PEMA. The

statute establishes ceilings for specific expenses (35 Pa. C.S.A. §7706).

Political subdivisions may lose federal funds for the remainder of a fiscal year

if officials are convicted of violating plans and programs (35 Pa. C.S.A. §7707 (b)).

The Pennsylvania Volunteer Loan Assistance Program is implemented by the

state fire commissioner and PEMA to make loans to volunteer fire companies,

ambulance services, hazardous materials units and rescue squads to establish or

modernize facilities and to purchase equipment (35 Pa. C.S.A. §7317, 71 P.S. §75134).

Key Terms

Table 1. Key Emergency Management and Homeland Security

Terms Defined in Pennsylvania Statutes, with Citations

Terms

Citations

Attack

35 P.S. §2002, 71 P. S. §779.3

Disaster

35 Pa. C.S.A. §7102

Disaster emergency

35 Pa. C.S.A. §7102

Drill

35 P.S. §2002

During attack or drill

35 P.S. §2002

Emergency interim successor

71 P. S. §779.3

Emergency management

35 Pa. C.S.A. §7102, 35 P.S. §6022.103

Emergency management agency

4 Pa. C. S. A. §111.1 et seq.

Emergency services

35 Pa. C.S.A. §7102

Local emergency

35 Pa. C.S.A. §7102

Local emergency planning

committee

35 Pa. C.S.A. §6022.103

Local organization

35 Pa. C.S.A. §7102

Man-made disaster

35 Pa. C.S.A. §7102

Municipal agencies

35 P.S. §2002

Natural disaster

35 Pa. C.S.A. §7102

Resources shortage

35 Pa. C.S.A. §7102

State council of civil defense

35 P.S. §2002

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Terms

Citations

Terroristic threats

18 Pa. C.S.A.§2706 (a)

Unavailable

71 P. S. §779.3

Volunteer agencies

35 P.S. §2002

War caused disaster

35 Pa. C.S.A. §7102

For Further Research

To a limited extent, the citations noted above and other elements of the state

code for Pennsylvania may be searched at the following website:

[http://members.aol.com/StatutesPA/Index.html]. Pennsylvania, however, maintains

both statutes (cited as P.S.) and consolidated statutes (Pa. C.S.A). Background on

the differences between these two methods of citation may be found at the website

given above, but the text of many of the Pennsylvania statutes will only be found in

paper copies.