2010 Pennsylvania Code
Title 35 - HEALTH AND SAFETY
Chapter 76 - Emergency Management Assistance Compact
7601 - Compact enacted.

                                CHAPTER 76
                 EMERGENCY MANAGEMENT ASSISTANCE COMPACT

     Sec.
     7601.  Compact enacted.
     7602.  Exercise of powers and duties.
     7603.  Mutual agreements.
     7604.  Budgetary considerations.

        Enactment.  Chapter 76 was added December 15, 1999, P.L.934,
     No.64, effective immediately.
        Cross References.  Chapter 76 is referred to in sections 508,
     7309 of Title 51 (Military Affairs).
     § 7601.  Compact enacted.
        The Emergency Management Assistance Compact is hereby enacted
     into law and entered into with all jurisdictions legally joining
     therein in the form substantially as follows:
                                Article I
                         Purpose and Authorities
        This compact is made and entered into by and between the
     participating member states which enact this compact,
     hereinafter called party states. For the purposes of this
     compact, the term "states" is taken to mean the several states,
     the Commonwealth of Puerto Rico, the District of Columbia and
     all U.S. territorial possessions.
        The purpose of this compact is to provide for mutual
     assistance between the states entering into this compact in
     managing any emergency or disaster that is duly declared by the
     governor of the affected state, whether arising from natural
     disaster, technological hazard, man-made disaster, civil
     emergency aspects of resources shortages, community disorders,
     insurgency or enemy attack.
        This compact shall also provide for mutual cooperation in
     emergency-related exercises, testing or other training
     activities using equipment and personnel simulating performance
     of any aspect of the giving and receiving of aid by party states
     or subdivisions of party states during emergencies, such actions
     occurring outside actual declared emergency periods. Mutual
     assistance in this compact may include the use of the states'
     National Guard forces, either in accordance with the National
     Guard Mutual Assistance Compact or by mutual agreement between
     states.
                                Article II
                          General Implementation
        Each party state entering into this compact recognizes that
     many emergencies transcend political jurisdictional boundaries
     and that intergovernmental coordination is essential in managing
     these and other emergencies under this compact. Each state
     further recognizes that there will be emergencies which require
     immediate access and present procedures to apply outside
     resources to make a prompt and effective response to such an
     emergency. This is because few, if any, individual states have
     all the resources they may need in all types of emergencies or
     the capability of delivering resources to areas where
     emergencies exist.
        The prompt, full and effective utilization of resources of
     the participating states, including any resources on hand or
     available from the Federal Government or any other source, that
     are essential to the safety, care and welfare of the people in
     the event of any emergency or disaster declared by a party state
     shall be the underlying principle on which all articles of this
     compact shall be understood.
        On behalf of the governor of each state participating in the
     compact, the legally designated state official who is assigned
     responsibility for emergency management will be responsible for
     formulation of the appropriate interstate mutual aid plans and
     procedures necessary to implement this compact.
                               Article III
                       Party State Responsibilities
        A.  It shall be the responsibility of each party state to
     formulate procedural plans and programs for interstate
     cooperation in the performance of the responsibilities listed in
     this article. In formulating such plans and in carrying them
     out, the party states, insofar as practical, shall:
            1.  review individual state hazards analyses and, to the
        extent reasonably possible, determine all those potential
        emergencies the party states might jointly suffer, whether
        due to natural disaster, technological hazard, man-made
        disaster, emergency aspects of resources shortages, civil
        disorders, insurgency or enemy attack;
            2.  review party states' individual emergency plans and
        develop a plan which will determine the mechanism for the
        interstate management and provision of assistance concerning
        any potential emergency;
            3.  develop interstate procedures to fill any identified
        gaps and to resolve any identified inconsistencies or
        overlaps in existing or developed plans;
            4.  assist in warning communities adjacent to or crossing
        the state boundaries;
            5.  protect and assure uninterrupted delivery of
        services, medicines, water, food, energy and fuel, search and
        rescue, and critical lifeline equipment, services and
        resources, both human and material;
            6.  inventory and set procedures for the interstate loan
        and delivery of human and material resources, together with
        procedures for reimbursement or forgiveness; and
            7.  provide, to the extent authorized by law, for
        temporary suspension of any statutes or ordinances that
        restrict the implementation of the above responsibilities.
        B.  The authorized representative of a party state may
     request assistance to another party state by contacting the
     authorized representative of that state. The provisions of this
     compact shall only apply to requests for assistance made by and
     to authorized representatives. Requests may be verbal or in
     writing. If verbal, the request shall be confirmed in writing
     within thirty days of the verbal request. Requests shall provide
     the following information:
            1.  a description of the emergency service function for
        which assistance is needed, including, but not limited to,
        fire services, law enforcement, emergency medical,
        transportation, communications, public works and engineering,
        building, inspection, planning and information assistance,
        mass care, resource support, health and medical services, and
        search and rescue;
            2.  the amount and type of personnel, equipment,
        materials and supplies needed and a reasonable estimate of
        the length of time they will be needed; and
            3.  the specific place and time for staging of the
        assisting party's response and a point of contact at that
        location.
        C.  There shall be frequent consultation between state
     officials who have assigned emergency management
     responsibilities and other appropriate representatives of the
     party states with affected jurisdictions and the United States
     Government, with free exchange of information, plans and
     resource records relating to emergency capabilities.
                                Article IV
                               Limitations
        Any party state requested to render mutual aid or conduct
     exercises and training for mutual aid shall take such action as
     is necessary to provide and make available the resources covered
     by this compact in accordance with the terms hereof; provided
     that it is understood that the state rendering aid may withhold
     resources to the extent necessary to provide reasonable
     protection for such state.
        Each party state shall afford to the emergency forces of any
     party state, while operating within its state limits under the
     terms and conditions of this compact, the same powers, except
     that of arrest unless specifically authorized by the receiving
     state, duties, rights and privileges as are afforded forces of
     the state in which they are performing emergency services.
     Emergency forces will continue under the command and control of
     their regular leaders, but the organizational units will come
     under the operational control of the emergency services
     authorities of the state receiving assistance. These conditions
     may be activated, as needed, only subsequent to a declaration of
     a state emergency or disaster by the governor of the party state
     that is to receive assistance or upon commencement of exercises
     or training for mutual aid and shall continue so long as the
     exercises or training for mutual aid are in progress, the state
     of emergency or disaster remains in effect or loaned resources
     remain in the receiving state, whichever is longer.
                                Article V
                           Licenses and Permits
        Whenever any person holds a license, certificate or other
     permit issued by any state party to the compact evidencing the
     meeting of qualifications for professional, mechanical or other
     skills and when such assistance is requested by the receiving
     party state, such person shall be deemed licensed, certified or
     permitted by the state requesting assistance to render aid
     involving such skill to meet a declared emergency or disaster,
     subject to such limitations and conditions as the governor of
     the requesting state may prescribe by executive order or
     otherwise.
                                Article VI
                                Liability
        Officers or employees of a party state rendering aid in
     another state pursuant to this compact shall be considered
     agents of the requesting state for tort liability and immunity
     purposes. No party state or its officers or employees rendering
     aid in another state pursuant to this compact shall be liable on
     account of any act or omission in good faith on the part of such
     forces while so engaged or on account of the maintenance or use
     of any equipment or supplies in connection therewith. Good faith
     in this article shall not include willful misconduct, gross
     negligence or recklessness.
                               Article VII
                         Supplementary Agreements
        Inasmuch as it is probable that the pattern and detail of the
     machinery for mutual aid among two or more states may differ
     from that among the states that are party hereto, this compact
     contains elements of a broad base common to all states, and
     nothing herein shall preclude any state entering into
     supplementary agreements with another state or affect any other
     agreements already in force between states. Supplementary
     agreements may comprehend, but shall not be limited to,
     provisions for evacuation and reception of injured and other
     persons and the exchange of medical, fire, police, public
     utility, reconnaissance, welfare, transportation and
     communications personnel, and equipment and supplies.
                               Article VIII
                               Compensation
        Each party state shall provide for the payment of
     compensation and death benefits to injured members of the
     emergency forces of that state and representatives of deceased
     members of such forces in case such members sustain injuries or
     are killed while rendering aid pursuant to this compact, in the
     same manner and on the same terms as if the injury or death were
     sustained within their own state.
                                Article IX
                              Reimbursement
        Any party state rendering aid in another state pursuant to
     this compact shall be reimbursed by the party state receiving
     such aid for any loss or damage to or expense incurred in the
     operation of any equipment and the provision of any service in
     answering a request for aid and for the costs incurred in
     connection with such requests; provided that any aiding party
     state may assume in whole or in part such loss, damage, expense
     or other cost or may loan such equipment or donate such services
     to the receiving party state without charge or cost; and
     provided further that any two or more party states may enter
     into supplementary agreements establishing a different
     allocation of costs among those states. Article VIII expenses
     shall not be reimbursable under this article.
                                Article X
                                Evacuation
        Plans for the orderly evacuation and interstate reception of
     portions of the civilian population as the result of any
     emergency or disaster of sufficient proportions to so warrant
     shall be worked out and maintained between the party states and
     the emergency management/services directors of the various
     jurisdictions where any type of incident requiring evacuations
     might occur. Such plans shall be put into effect by request of
     the state from which evacuees come and shall include the manner
     of transporting such evacuees, the number of evacuees to be
     received in different areas, the manner in which food, clothing,
     housing and medical care will be provided, the registration of
     the evacuees, the providing of facilities for the notification
     of relatives or friends, and the forwarding of such evacuees to
     other areas or the bringing in of additional materials,
     supplies, and all other relevant factors. Such plans shall
     provide that the party state receiving evacuees and the party
     state from which the evacuees come shall mutually agree as to
     reimbursement of out-of-pocket expenses incurred in receiving
     and caring for such evacuees, for expenditures for
     transportation, food, clothing, medicines and medical care, and
     like items. Such expenditures shall be reimbursed as agreed by
     the party state from which the evacuees come. After the
     termination of the emergency or disaster, the party state from
     which the evacuees come shall assume the responsibility for the
     ultimate support of repatriation of such evacuees.
                                Article XI
                              Implementation
        A.  This compact shall become effective immediately upon its
     enactment into law by any two states. Thereafter, this compact
     shall become effective as to any other state upon enactment by
     such state.
        B.  Any party state may withdraw from this compact by
     enacting a statute repealing the same, but no such withdrawal
     shall take effect until 30 days after the governor of the
     withdrawing state has given notice in writing of such withdrawal
     to the governors of all other party states. Such action shall
     not relieve the withdrawing state from obligations assumed
     hereunder prior to the effective date of withdrawal.
        C.  Duly authenticated copies of this compact and of such
     supplementary agreements as may be entered into shall, at the
     time of their approval, be deposited with each of the party
     states and with the Federal Emergency Management Agency and
     other appropriate agencies of the United States Government.
                               Article XII
                                 Validity
        This compact shall be construed to effectuate the purposes
     stated in Article I. If any provision of this compact is
     declared unconstitutional or the applicability thereof to any
     person or circumstances is held invalid, the constitutionality
     of the remainder of this compact and the applicability thereof
     to other persons and circumstances shall not be affected.
                               Article XIII
                          Additional Provisions
        Nothing in this compact shall authorize or permit the use of
     military force by the National Guard of a state at any place
     outside that state in any emergency for which the President is
     authorized by law to call into Federal service the militia, or
     for any purpose for which the use of the Army or the Air Force
     would in the absence of express statutory authorization be
     prohibited under section 1385 of Title 18 of the United States
     Code.

        Cross References.  Section 7601 is referred to in sections
     7602, 7604 of this title; section 3105 of Title 51 (Military
     Affairs).