Pennsylvania Act 2008-93 — HEALTH AND SAFETY (35 PA.C.S.) - INTRASTATE MUTUAL AID

Act text

HEALTH AND SAFETY (35 PA.C.S.) - INTRASTATE MUTUAL AID
                  Act of Oct. 8, 2008, P.L. 1098, No. 93              Cl. 35
                             Session of 2008
                               No. 2008-93

     SB 1225

                                  AN ACT

     Amending Title 35 (Health and Safety) of the Pennsylvania
        Consolidated Statutes, providing for mutual aid.

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

        Section 1.  Chapter 73 of Title 35 of the Pennsylvania
     Consolidated Statutes is amended by adding a subchapter to read:
                               SUBCHAPTER C
                          INTRASTATE MUTUAL AID
     Sec.
     7331.  Purpose of subchapter.
     7332.  Definitions.
     7333.  Intrastate Mutual Aid Committee.
     7334.  System.
     7335.  Assistance.
     7336.  License, certificate and permit portability.
     7337.  Insurance.
     7338.  Workers' compensation.
     7339.  Immunity.
     7340.  Effect on other agreements.
      § 7331.  Purpose of subchapter.
        The purpose of this subchapter is to create a system of
     intrastate mutual aid between participating political
     subdivisions within this Commonwealth, whereby each
     participating political subdivision recognizes that emergencies
     transcend the boundaries of a political subdivision and that
     intergovernmental coordination is essential for the protection
     of lives and property and for the best use of available public
     and private assets. The system shall provide for mutual
     assistance among the participating political subdivisions in the
     prevention of, response to and recovery from threats to public
     health and safety that are beyond the capability of an affected
     community to respond. The system shall provide for mutual
     cooperation among the participating subdivisions in conducting
     exercises, testing or other training activities.
      § 7332.  Definitions.
        The following words and phrases when used in this subchapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Agency."  The Pennsylvania Emergency Management Agency.
        "Committee."  The Intrastate Mutual Aid Committee.
        "Dedicated emergency response organization."  Any entity
     organized, chartered or incorporated in this Commonwealth or
     chartered by the Congress of the United States for the primary
     purpose of providing emergency services. The term shall include
     volunteer, career and combination organizations.
        "Emergency responder."  An individual in the public or
     private sector who has special skills, qualifications, training,
     knowledge or experience, whether or not the person possesses a
     license, certificate, permit or other official recognition for
     the skills, qualifications, training, knowledge or experience,
     that would benefit a participating political subdivision in
     responding to an authorized mutual aid request or participating
     in an authorized drill or exercise. The term shall include a law
     enforcement officer, a firefighter, an emergency medical
     services worker, a physician, nurse or other public health
     worker, an emergency management official, a coroner or medical
     examiner, a State-certified hazardous materials team member, a
     public works worker, a building inspector, an architect, an
     engineer or other design professional or a person with
     specialized equipment operations skills or training or with any
     other skills needed to provide aid in a declared emergency.
        "Incident."  Any event or condition which constitutes an
     actual or imminent threat to public health and safety, public or
     private property or the economic well-being of the community.
        "Incident commander."  The individual responsible for all
     incident-related activities, including the development of
     strategies and tactics and the ordering and releasing of
     resources as provided under the National Incident Management
     System.
        "Mutual aid."  Mutual assistance and sharing of resources
     among participating political subdivisions in the prevention of,
     response to and recovery from threats to public health and
     safety that are beyond the capability of an affected community
     to respond.
        "National Incident Management System."  The National Incident
     Management System established by the United States Department of
     Homeland Security.
        "Participating political subdivision."  A political
     subdivision that has not opted out of the intrastate mutual aid
     system.
        "Political subdivision."  Any county, city, borough,
     incorporated town or township. The term shall include any
     council of governments established among any of the above.
        "Requesting political subdivision."  A participating
     political subdivision that requests assistance under this
     subchapter.
        "Responding political subdivision."  A participating
     political subdivision that responds to a request for assistance
     under this subchapter.
        "System."  The intrastate mutual aid system.
      § 7333.  Intrastate Mutual Aid Committee.
        (a)  Establishment.--There is established the Intrastate
     Mutual Aid Committee.
        (b)  Membership.--The committee shall be comprised of the
     following members:
            (1)  The director of the agency or a designee, who shall
        serve as the chairman of the committee.
            (2)  The State Fire Commissioner and the Director of the
        Bureau of Emergency Medical Services of the Department of
        Health or any successor bureau or administrative unit having
        similar responsibilities.
            (3)  Three representatives each from the career fire
        services, the volunteer fire services and the emergency
        medical services.
            (4)  Three county emergency management agency directors,
        one from each agency area, who shall be recommended by the
        respective agency area directors.
            (5)  One representative each from the State Chiefs of
        Police Association, the State Fraternal Order of Police and
        the Pennsylvania State Police.
            (6)  One representative each from the Statewide county
        and municipal government associations' representative elected
        officials.
            (7)  Three representatives from county-based 911
        programs.
            (8)  One representative from the Pennsylvania State
        Coroners Association.
        (c)  Appointments.--Each member under subsection (b) shall be
     appointed by the director of the agency, and the appointment
     shall be based on recommendations from the organizations and
     associations represented. The county-based 911 members shall be
     selected from recommendations made by the three agency area
     directors.
        (d)  Terms of office.--Members shall serve a term of two
     years and may be appointed for subsequent terms.
        (e)  Duties of committee.--The committee shall do all of the
     following:
            (1)  Hold at least one meeting each year to review the
        progress and status of the intrastate mutual aid system.
            (2)  Provide participating political subdivisions with a
        method to track and evaluate the system.
            (3)  Examine issues facing participating political
        subdivisions and emergency responders regarding the
        implementation of this subchapter.
            (4)  Prepare an annual report on the condition and
        effectiveness of mutual aid in this Commonwealth, which shall
        be submitted to the chairperson and minority chairperson of
        the Veterans Affairs and Emergency Preparedness Committee of
        the Senate and the chairperson and minority chairperson of
        the Veterans Affairs and Emergency Preparedness Committee of
        the House of Representatives. This report may contain
        recommendations for correcting any deficiencies within the
        system.
            (5)  Develop all of the following:
                (i)  Comprehensive guidelines and procedures that
            address all of the following:
                    (A)  Projected or anticipated costs potentially
                incurred by a participating political subdivision.
                    (B)  Recordkeeping for participating political
                subdivisions.
                    (C)  Reimbursement procedures and other necessary
                implementation elements.
                    (D)  Any other procedures that the committee
                deems necessary.
                (ii)  Checklists for requesting and providing
            assistance.
                (iii)  Forms for requests and other records to
            document the deployment and return of assets.
      § 7334.  System.
        (a)  Establishment.--An intrastate mutual aid system is
     established for the purpose of providing mutual aid within this
     Commonwealth.
        (b)  Participation.--
            (1)  All political subdivisions within this Commonwealth
        shall be a part of the system unless the political
        subdivision elects not to participate by enacting a
        resolution declaring their desire not to participate and by
        submitting a copy of the resolution to the agency and to its
        county emergency management agency.
            (2)  All political subdivisions within this Commonwealth
        shall consult with fire and emergency medical services
        providers to discuss the emergency services needs of the
        political subdivision.
            (3)  Any political subdivision that elects not to
        participate in the system, as provided under subsection (a),
        may at a later date elect to participate in the system by
        enacting a resolution declaring its desire to participate and
        by submitting a copy of the resolution to the agency and to
        its county emergency management agency.
            (4)  Participation by a political subdivision in the
        system of intrastate mutual aid established by this
        subchapter shall not be subject to the requirements of 53
        Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
        cooperation).
        (c)  Responsibilities.--It shall be the responsibility of
     each participating political subdivision with jurisdiction over
     and responsibility for emergency management within that
     political subdivision to do all of the following:
            (1)  Identify potential hazards that could affect the
        participating political subdivision using an identification
        system as developed by the committee common to all
        participating political subdivisions.
            (2)  Conduct joint planning, intelligence sharing and
        threat assessment development with contiguous participating
        political subdivisions.
            (3)  Conduct joint training with contiguous participating
        political subdivisions at least biennially.
            (4)  Identify and inventory the current services,
        equipment, supplies, personnel and other resources related to
        planning, prevention, mitigation, response and recovery
        activities of the participating political subdivisions in
        accordance with the National Incident Management System
        Integration Center resource management guidance.
            (5)  Adopt and implement the standardized incident
        management system approved by the agency.
            (6)  Adopt and implement the National Incident Management
        System requirements established by the United States
        Department of Homeland Security.
      § 7335.  Assistance.
        (a)  Requests.--A participating political subdivision may
     request assistance of other participating political subdivisions
     or their designated emergency response organizations. All
     requests for assistance shall be initiated from the incident
     commander or authorized designee at an incident location, the
     county 911 center or the county emergency manager where the
     incident occurs. All intrastate mutual aid requests for
     assistance shall be made to the county 911 center or county
     emergency management coordinator or authorized designee in the
     responding county. Intrastate mutual aid requests for assistance
     may also be made through the agency. A written request shall be
     submitted after a verbal request is made as soon as practicable
     or within the number of days that the agency, in its discretion,
     may determine.
        (b)  Response to requests.--A participating political
     subdivision's obligation to provide assistance in the prevention
     of, response to and recovery from an incident or in authorized
     drills or exercises shall be subject to all of the following
     conditions:
            (1)  A responding political subdivision may withhold
        resources to the extent necessary to provide reasonable
        protection and services for its own jurisdiction.
            (2)  Emergency response personnel of a responding
        political subdivision shall remain under the administrative
        and policy procedures and control of their respective
        jurisdiction, including medical protocols, standard operating
        procedures and other protocols, but shall be under the
        operational control of the appropriate officials within the
        incident management system of the requesting political
        subdivision.
            (3)  Assets and equipment of a responding political
        subdivision shall remain under the administrative and policy
        procedures and control of their respective jurisdiction but
        shall be under the control of the appropriate officials
        within the incident management system of the requesting
        political subdivision.
            (4)  The incident commander shall have overall authority
        and responsibility for conducting incident operations and
        shall be responsible for the management of all incident
        operations at the incident site.
        (c)  Reimbursement.--A requesting political subdivision shall
     reimburse the responding political subdivision in accordance
     with procedures established by the committee. A responding
     political subdivision may donate assets of any kind to a
     participating political subdivision. If a dispute arises
     regarding reimbursement, involved parties shall make every
     effort to resolve the dispute within 30 days of written notice
     of the dispute by the party asserting noncompliance. In the
     event that the dispute is not resolved within 90 days of the
     notice of the claim, either party may request the dispute be
     resolved through arbitration. Any arbitration requested under
     this subsection shall be conducted under the commercial
     arbitration rules of the American Arbitration Association.
        (d)  Exceptions.--The provisions of this section shall not
     apply to specific mutual aid agreements which exist on the
     effective date of this section and which were made between
     political subdivisions and emergency response organizations to
     cover response to routine incidents.
      § 7336.  License, certificate and permit portability.
        If a person holds a license, certificate or other permit
     issued by a participating political subdivision or the
     Commonwealth evidencing qualification in a professional,
     mechanical or other skill and the assistance of that person or
     entity is requested by a participating political subdivision,
     the person shall be deemed to be licensed, certified or
     permitted in the political subdivision requesting assistance for
     the duration of the incident response or authorized drills or
     exercises and subject to any limitations and conditions the
     chief executive of the participating political subdivision
     receiving the assistance may prescribe by executive order or
     otherwise.
      § 7337.  Insurance.
        A responding political subdivision shall ensure that adequate
     insurance protection is in effect covering all vehicles and
     equipment used in response to an intrastate mutual aid request.
     Personnel of the responding political subdivision shall maintain
     direct and overall control of all vehicles and equipment
     utilized in an intrastate mutual aid response and shall ensure
     that vehicles and equipment are used within intended design
     specifications.
      § 7338.  Workers' compensation.
        Notwithstanding any other provision of law, a responding
     political subdivision shall provide appropriate workers'
     compensation insurance protection for municipal employees and
     volunteers representing the responding political subdivision
     when responding to a request under this system. Personnel of a
     responding political subdivision who sustain injury or death in
     the course of and arising out of their employment shall be
     entitled to all applicable benefits normally available to
     personnel while performing their duties for their employer.
     Responders shall receive any additional Federal and State
     benefits that may be available to them for line-of-duty deaths.
      § 7339.  Immunity.
        All activities performed under the intrastate mutual aid
     system are deemed to be governmental functions. For the purposes
     of liability, all persons responding under the operational
     control of the requesting political subdivision shall be deemed
     to be employees of the requesting participating political
     subdivision. Except in cases of willful misconduct, gross
     negligence or bad faith, neither the participating political
     subdivisions nor their employees shall be liable for the death
     of or injury to persons or for damage to property when complying
     or attempting to comply with the system. This subchapter shall
     provide no immunity, rights or privileges for any individual
     responding to an incident where the response has not been
     requested by a participating political subdivision.
      § 7340.  Effect on other agreements.
        Nothing in this subchapter shall preclude participating
     political subdivisions from entering into supplementary
     agreements with another political subdivision. Nothing in this
     subchapter shall affect any other agreement to which a political
     subdivision may, on the effective date of this section, be a
     party.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 8th day of October, A. D. 2008.

     EDWARD G. RENDELL