2024 Pennsylvania Consolidated & Unconsolidated Statutes
Act 113 - HEALTH AND SAFETY (35 PA.C.S.) - COUNTERTERRORISM PLANNING, PREPAREDNESS AND RESPONSE, CONSTRUCTION AND MAKING REPEALS

Session of 2024

No. 2024-113

 

HB 843

 

AN ACT

 

Amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in emergency management services, providing for counterterrorism planning, preparedness and response; in Emergency Management Assistance Compact, providing for construction; and making repeals.

 

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

 

Section 1.  Title 35 of the Pennsylvania Consolidated Statutes is amended by adding a chapter to read:

CHAPTER 72

COUNTERTERRORISM PLANNING, PREPAREDNESS AND RESPONSE

Subchapter

A.  Preliminary Provisions

B.  Counterterrorism Planning, Preparedness and Response

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

7201.  Scope of chapter.

7202.  Definitions.

7203.  Joint State Government Commission study.

§ 7201.  Scope of chapter.

This chapter relates to counterterrorism planning, preparedness and response.

§ 7202.  Definitions.

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

"Commission."  The Joint State Government Commission.

"Disaster medical assistance team."  A complement of individuals organized in accordance with standards developed by the agency and applicable Federal agencies to provide medical service at the scene of disasters and mass casualty incidents.

"Disaster mortuary response team."  A complement of individuals organized in accordance with standards developed by the agency and applicable Federal agencies to provide mortuary service at the scene of disasters and mass casualty incidents.

"FEMA."  The Federal Emergency Management Agency.

"Letter of agreement."  A written agreement between a regional counterterrorism task force and a public, semipublic, private or nonprofit corporation, business, association, partnership, authority, individual or other entity that provides for:

(1)  Personnel, equipment, supplies, training facilities or other resources either directly to or in support of the task force's specialized regional counterterrorism response team.

(2)  Workers' compensation and death benefits.

(3)  Member participation in training exercises, drills and actual activation and deployment.

"Municipal" or "municipality."  A city, borough, incorporated town, township or home rule municipality of this Commonwealth.

"Mutual aid."  A county's, municipality's or volunteer service organization's affirmative act of sending its personnel, equipment or resources to the scene of an actual or potential disaster, whether inside or outside the boundaries of this Commonwealth, in response to an official dispatch request from a county 911 communications center, county emergency management agency or the State emergency operations center.

"Mutual aid agreement."  A written agreement between a regional counterterrorism task force and a county, municipality or volunteer service organization that provides for:

(1)  The county, municipality or volunteer service organization to provide personnel, equipment or other resources in response to an actual or potential disaster.

(2)  Workers' compensation and death benefits.

(3)  Member participation in training exercises, drills and actual activation and deployment.

"NIMS."  The National Incident Management System.

"PEMA."  The Pennsylvania Emergency Management Agency.

"Regional counterterrorism task force."  A complement of Federal, State, county and municipal emergency management, health, law enforcement, public safety and other officials and representatives from volunteer service organizations, private business and industry, hospitals and medical care facilities and other entities within a multicounty area as determined by the agency that is responsible for conducting counterterrorism planning, training preparedness and response activities.

"Specialized regional counterterrorism response team."  As follows:

(1)  A complement of individuals established by a regional counterterrorism task force and organized in accordance with standards developed by the agency in accordance with applicable Federal or State guidelines to respond to emergencies involving an actual or potential disaster.

(2)  The term includes a disaster medical assistance team and disaster mortuary response team.

"Specialized Statewide response team."  As follows:

(1)  A complement of individuals organized by the Commonwealth to provide specialized personnel, equipment and other support capabilities in response to an actual or potential disaster in this Commonwealth.

(2)  The term includes a disaster medical assistance team and disaster mortuary response team.

"Sponsoring agency."  A municipality, county or volunteer service organization that has an agreement with the agency to be the sponsor of an urban search and rescue response team or specialized regional counterterrorism response team.

"Urban search and rescue response team."  A multidisciplined complement of individuals organized by the agency in accordance with standards developed by the agency and FEMA, consistent with NIMS guidelines, to provide emergency response and search and rescue capabilities and resources at the scene of a disaster.

"Volunteer service organization."  A volunteer fire company, volunteer ambulance or medical company, volunteer rescue squad or any other volunteer entity organized and chartered or incorporated in this Commonwealth or chartered by the Congress of the United States for the primary purpose of providing emergency services as defined in section 7102 (relating to definitions).

§ 7203.  Joint State Government Commission study.

(a)  Duty.--The commission shall conduct a comprehensive study and assessment of the Commonwealth's urban search and rescue capabilities.

(b)  Advisory board.--The commission shall establish an advisory board to conduct the study under this section. The board shall consist of the following members or their designee:

(1)  The Director of PEMA.

(2)  The Adjutant General.

(3)  The State Fire Commissioner.

(4)  The Commissioner of Pennsylvania State Police.

(5)  The Secretary of Conservation and Natural Resources.

(6)  The Secretary of Environmental Protection.

(7)  The Secretary of Health.

(8)  The Secretary of Transportation.

(9)  The Executive Director of the Pennsylvania Fish and Boat Commission.

(10)  The Commander of the Pennsylvania Civil Air Patrol.

(11)  The FEMA Region 3 administrator or a designee.

(12)  The President, or a designee of the President, of the International Association of Fire Fighters in a fire company in a city that is a sponsoring agency under section 7386(a)(1)(v)(A) (relating to State Fire Advisory Board).

(13)  The President, or a designee of the President, of the International Association of Fire Fighters in a fire company in a city of the first class.

(14)  One emergency management coordinator each from western, eastern and central Pennsylvania.

(15)  A representative of the Pennsylvania Association of Hazardous Materials Technicians.

(16)  A representative of the Pennsylvania State Association of Boroughs.

(17)  A representative of the executive board of the Pennsylvania State Association of Township Supervisors.

(18)  A representative of the Municipal League.

(19)  A representative of the executive board of the Pennsylvania State Association of Township Commissioners.

(20)  The sponsoring agency chief or a designee of Pennsylvania Task Force 1.

(21)  A representative of the Pennsylvania Fire Advisory Board.

(22)  A representative of the Pennsylvania Career Fire Chiefs Association.

(23)  A representative of the Pennsylvania Fire and Emergency Services Institute.

(24)  A representative of the Ambulance Association of Pennsylvania.

(25)  The executive board chairperson or a designee of each of the regional task forces.

(26)  A representative of the County Commissioners Association of Pennsylvania.

(27)  The President, or a designee of the President, from the Pennsylvania Professional Firefighters Association.

(c)  Conduct and assessment.--The commission shall:

(1)  Conduct the study by reviewing the following:

(i)  In consultation with PEMA, the overall emergency response system plan for this Commonwealth in accordance with NIMS standards and guidelines.

(ii)  The current capabilities of Pennsylvania Task Force 1, the Pennsylvania National Guard CBRN Enhanced Response Force Package (CERF-P) and Civil Support Team (CST) and the Commonwealth's regional task forces related to extraction from damaged or collapsed structures in this Commonwealth.

(iii)  The status of protocols and capabilities of emergency medical services care provided by and to urban rescue and response teams for entrapped survivors, urban rescue and response team personnel and others. The assessment shall include physical, visual and audio search capabilities.

(iv)  The reconnaissance capabilities of Pennsylvania Task Force 1, the Pennsylvania National Guard CBRN Enhanced Response Force Package (CERF-P) and Civil Support Team (CST) and the Commonwealth's regional task forces regarding damage assessment, mission readiness and resource needs.

(v)  PEMA's protocols and communications capabilities among Pennsylvania Task Force 1, this Commonwealth's regional task forces and local emergency response personnel, such as fire companies, EMS agencies and State and local law enforcement, as well as Federal, State and local governments regarding their emergency operations.

(vi)  The current protocols, capabilities or needs for hazardous material surveys, extraction and cleanup.

(vii)  The capabilities regarding structural stabilization as well as shoring and cribbing operations to damaged buildings of Pennsylvania Task Force 1, the Pennsylvania National Guard CBRN Enhanced Response Force Package (CERF-P) and Civil Support Team (CST) and this Commonwealth's regional task forces.

(2)  Review, assess, inventory and catalog urban search and rescue equipment possessed by Pennsylvania Task Force 1, the Pennsylvania National Guard CBRN Enhanced Response Force Package (CERF-P) and each urban search and rescue team of a  regional task force in this Commonwealth.

(3)  Conduct a monetary assessment to identify and quantify existing Federal, State and local funding resources and the funding impacts of Pennsylvania Task Force 1 and the regional task force system, as well as the short-term and long-term funding impact of creating an additional NIMS-typed urban search and rescue resource in this Commonwealth.

(d)  Urban search and rescue.--The commission shall examine each of the component parts of the urban search and rescue system in this Commonwealth, including Pennsylvania Task Force 1, the National Guard CBRN Enhanced Response Force Package (CERF-P) and regional task force urban search and rescue and specialized regional counterterrorism response teams, according to the applicable standard-setting organizations of each respective team, including, but not limited to, the National Urban Search and Rescue Response System, the National Fire Protection Association (NFPA) and standards developed by the National Guard Bureau. The commission shall examine the capability of the current urban search and rescue system in this Commonwealth to provide the needed capabilities in accordance with the Commonwealth's current hazard/risk profile and the capabilities identified in each regional Task Force Threat and Hazard Identification and Risk Assessment (THIRA).

(e)  Report and recommendations.--In developing a report as required under this section, the commission shall identify gaps  in the system and develop recommendations to address the gaps. The information shall include the identification of resources necessary to address gaps and shall include the identification of areas or regions in this Commonwealth that lack resources to respond to emergencies requiring urban search and rescue capability in accordance with their hazard profile identified in the regional Task Force Threat and Hazard Identification and Risk Assessment (THIRA).

(f)  Time.--The commission shall submit to the General Assembly a report of its findings and recommendations by November 30, 2024, or 180 days after the effective date of this subsection, whichever is later.

SUBCHAPTER B

COUNTERTERRORISM PLANNING, PREPAREDNESS AND RESPONSE

Sec.

7211.  Counterterrorism planning, preparedness and response program.

7212.  Regional counterterrorism task forces.

7213.  Regional counterterrorism response and preparedness.

7214.  Urban search and rescue response teams.

7215.  Specialized Statewide response teams.

7216.  Grant program.

7217.  Miscellaneous provisions.

7218.  Commonwealth indemnification.

§ 7211.  Counterterrorism planning, preparedness and response program.

(a)  Coordination and consultation.--The agency shall coordinate and consult with other State agencies, departments and offices, including the Office of Homeland Security of the Commonwealth, to establish, develop and maintain a counterterrorism planning, preparedness and response program to promote and protect the health, safety and welfare of emergency responders, public officials and the general public from actual or potential disasters in this Commonwealth.

(b)  Agency responsibilities.--The agency shall:

(1)  Define the necessary components and composition of regional counterterrorism task forces and specialized regional counterterrorism response teams and the respective regional counterterrorism zones for each, but shall not be responsible for appointing individual members to the regional counterterrorism task forces or the specialized regional counterterrorism response teams.

(2)  Provide training and technical assistance for counterterrorism planning, preparedness and response.

(3)  Establish guidelines and policies to coordinate emergency response activities with Federal, State, county and municipal emergency management, health, law enforcement, public safety and other officials and representatives from volunteer service organizations, private business and industry, hospitals and medical care facilities and other entities responsible for the health, safety and welfare of the residents of this Commonwealth. The agency shall consult with representatives of the regional counterterrorism task forces to develop such policies and guidelines necessary to carry out this chapter.

(4)  Require the regional counterterrorism task forces to prepare counterterrorism emergency response plans or protocols, readiness evaluation reports or other documents deemed necessary by the agency.

(5)  Provide grants and other funding assistance as required by this chapter.

(6)  Conduct terrorist incident exercises.

(7)  Provide technical assistance to regional counterterrorism task forces in developing and entering into mutual aid agreements and letters of agreement.

(8)  Establish a certification program for specialized regional counterterrorism response teams that may include standards for the administration, composition, training and equipping of the teams.

§ 7212.  Regional counterterrorism task forces.

(a)  Establishment.--The agency, in coordination with State, county and municipal emergency management, health, law enforcement, public safety and other officials and representatives from volunteer service organizations, private business and industry, hospitals and medical care facilities and other entities responsible for the health, safety and welfare of the residents of this Commonwealth, shall establish regional counterterrorism task forces throughout this Commonwealth.

(b)  Response plans.--A regional counterterrorism task force shall prepare a counterterrorism preparedness and response plan in accordance with guidelines developed by the agency. The agency shall review and approve each plan in a timely manner, but no later than 90 days after its submission to the agency. The task force shall review and update the plan on an annual basis. A task force that does not have an approved plan shall be suspended from a grant or funding program.

(c)  Meetings.--Regional counterterrorism task force meetings that are called to discuss sensitive or classified law enforcement, terrorist threat assessment or other confidential public and private facility safety information shall not be deemed a public record subject to disclosure under 65 Pa.C.S. Ch. 7 (relating to open meetings).

§ 7213.  Regional counterterrorism response and preparedness.

(a)  Specialized regional counterterrorism response teams.--A regional counterterrorism task force shall establish specialized regional counterterrorism response teams.

(b)  Regional counterterrorism response zones.--The agency shall establish primary and secondary regional response zones within this Commonwealth for specialized regional counterterrorism response teams. The regional response zones may consist of multiple counties or portions of several adjoining counties as determined by the agency.

(c)  Activation and deployment.--A specialized regional counterterrorism response team may be activated and deployed by the Governor, the Governor's designee or an official designated by the appropriate regional counterterrorism task force.

§ 7214.  Urban search and rescue response teams.

(a)  Establishment.--

(1)  The agency shall establish urban search and rescue response teams throughout this Commonwealth to respond to natural and human-caused disasters and other emergencies as deemed necessary by the agency, including:

(i)  At least one urban search and rescue response team that:

(A)  is within a regional counterterrorism task force covering a county of the first class pursuant to a letter of agreement with a sponsoring agency; and

(B)  meets or exceeds the minimum requirements of a Type 1 urban search and rescue task force as defined by FEMA in the resource-typing definition contained in the NIMS guidelines, document identification number 8-508-1262, published in September 2020. The agency will certify whether the urban search and rescue response team meets these criteria.

(ii)  At least one urban search and rescue response team that:

(A)  is within a regional counterterrorism task force covering a county of the second class; and

(B)  by January 1, 2026, or 18 months after the agency enters into a letter of agreement with a sponsoring agency, whichever is later, meets or exceeds the minimum requirements of a Type 3 urban search and rescue task force as defined by FEMA in the resource-typing definition contained in the NIMS guidelines, document identification number 8-508-1262, published in September 2020. The agency will certify whether the urban search and rescue response team meets these criteria.

(2)  The provisions of paragraph (1)(i) may be satisfied by the operation of an urban search and rescue response team established by the Federal Government that has a letter of agreement with the agency to respond to incidents within this Commonwealth.

(b)  Support.--The urban search and rescue response teams shall also provide professional, logistical, material and other forms of support to regional counterterrorism task forces and specialized regional counterterrorism response teams.

(c)  Organization.--An urban search and rescue response team shall be organized in accordance with guidelines developed by the agency in coordination with FEMA and members of the task force.

(d)  Responsibilities.--An urban search and rescue response team shall respond to actual or potential disasters in this Commonwealth and shall also perform search and rescue functions as delineated in The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5121 et seq.), the Federal Response Plan or its successor, Emergency Management Assistance Compact missions under Chapter 76 (relating to Emergency Management Assistance Compact), as requested, and the counterterrorism preparedness and response plans created in accordance with this chapter.

(e)  Activation and deployment.--

(1)  An urban search and rescue response team or any of its components, subgroups or regional elements may only be activated and deployed to the scene of a disaster in accordance with policies and cost principles promulgated by the agency.

(2)  During an activation and deployment as the result of a Governor's declaration of a disaster emergency, the administrative and operational costs of the response team, its individual members and their employers, State agencies and other parties shall be paid under the Governor's declaration of disaster emergency, including paying or reimbursing any parties for workers' compensation and death benefits in the event of injury or death of an urban search and rescue response team member.

(f)  Workers' compensation and death benefits.--A member of an urban search and rescue response team shall be eligible to receive workers' compensation and death benefits in the event of injury or death that occurs during the period of activation or deployment.

(g)  Funding, grants and donations.--In addition to money that is provided to a task force under section 7216 (relating to grant program) or the authority of section 1508 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, the urban search and rescue response team may be eligible to receive grants, donations of equipment and supplies and other funds from any source.

§ 7215.  Specialized Statewide response teams.

(a)  Establishment.--The Commonwealth may establish one or more specialized Statewide response teams. These specialized Statewide response teams shall also provide professional, logistical, material and other forms of support to the regional counterterrorism task forces and specialized regional counterterrorism response teams organized in this Commonwealth.

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

(c)  Activation.--Specialized Statewide response teams may only be activated and deployed to the scene of a disaster in accordance with policies developed by the agency.

§ 7216.  Grant program.

(a)  Authorization.--The agency may make grants to regional counterterrorism task forces, specialized regional counterterrorism response teams, specialized Statewide response teams and urban search and rescue response teams to assist them in carrying out this chapter, including entering into letters of agreement or mutual aid agreements or providing mutual aid.

(b)  Grants and funding.--Regional counterterrorism task forces, specialized regional counterterrorism response teams, specialized Statewide response teams and urban search and rescue response teams may receive grants and funding from the Federal Government and the Commonwealth through application to the agency or other entity providing grants or funding for the purposes of this chapter.

(c)  Limitation.--Grants shall only be made by the agency to the extent that funding is available.

§ 7217.  Miscellaneous provisions.

(a)  Immunity from liability.--The provisions of 42 Pa.C.S. § 8331 (relating to medical good Samaritan civil immunity), 8332 (relating to emergency response provider and bystander good Samaritan civil immunity) or 8332.4 (relating to volunteer-in-public-service negligence standard) shall apply to a member of a specialized regional counterterrorism response team, an urban search and rescue response team or a specialized Statewide response team and an individual who provides logistical, material or other forms of emergency response support to a team or task force during activation or deployment of a team or task force to a potential or actual disaster or while engaged in a task force or team drill or training exercise.

(b)  Effect on workers' compensation premiums.--Nothing in this chapter shall be construed to permit an insurer to raise workers' compensation premiums due to the participation or membership of a county, municipality, volunteer service organization, individual or employer on a regional counterterrorism task force, specialized regional counterterrorism response team, specialized Statewide response team or urban search and rescue response team.

§ 7218.  Commonwealth indemnification.

The Commonwealth shall indemnify a county or municipality for costs related to damaged county or municipal property that results from participation in a regional counterterrorism task force, specialized regional counterterrorism response team or specialized Statewide response team response only when all of the following conditions are met:

(1)  The county or municipality is responding upon activation or deployment by the Governor.

(2)  The damage to county or municipal property occurs outside of the primary regional counterterrorism response zone.

(3)  The county's or municipality's insurance does not cover the property damage.

(4)  The property damage was not caused by the willful misconduct of the county or municipality or any of its employees or agents.

Section 2.  Title 35 is amended by adding a section to read:

§ 7605.  Construction.

For purposes of Article VI of the compact, the term "officers or employees of a party state" shall be construed to include urban search and rescue response teams as defined in section 7202 (relating to definitions) that are assets of the Federal Emergency Management Agency or Pennsylvania Emergency Management Agency and the components, subgroups and regional elements of the task forces based in this Commonwealth.

Section 3.  Repeals are as follows:

(1)  The General Assembly finds that the repeals under paragraphs (2) and (3) are necessary to effectuate the addition of 35 Pa.C.S. Ch. 72.

(2)  The definitions, excluding the definitions of "department" and "local health department," in section 102 of the act of December 16, 2002 (P.L.1967, No.227), known as the Counterterrorism Planning, Preparedness and Response Act, are repealed.

(3)  Chapter 2 of the Counterterrorism Planning, Preparedness and Response Act, is repealed.

Section 4.  The addition of 35 Pa.C.S. Ch. 72 is a continuation of Chapter 2 of the act of December 16, 2002 (P.L.1967, No.227), known as the Counterterrorism Planning, Preparedness and Response Act. The following apply:

(1)  Except as otherwise provided in 35 Pa.C.S. Ch. 72, all activities initiated under Chapter 2 of the Counterterrorism Planning, Preparedness and Response Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 72. Orders, regulations, rules and decisions which were made under Chapter 2 of the Counterterrorism Planning, Preparedness and Response Act and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 72. Contracts, obligations and collective bargaining agreements entered into under Chapter 2 of the Counterterrorism Planning, Preparedness and Response Act are not affected nor impaired by the repeal of Chapter 2 of the Counterterrorism Planning, Preparedness and Response Act.

(2)  Except as specified in paragraph (3), any difference in language between 35 Pa.C.S. Ch. 72 and Chapter 2 of the Counterterrorism Planning, Preparedness and Response Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of Chapter 2 of the Counterterrorism Planning, Preparedness and Response Act.

(3)  Paragraph (2) does not apply to the addition of the following provisions:

(i)  The definitions of "commission," "disaster mortuary response team," "letter of agreement," "mutual aid agreement," "NIMS," "PEMA," "specialized regional counterterrorism response team," "sponsoring agency" and "urban search and rescue response team" in 35 Pa.C.S. § 7202.

(ii)  35 Pa.C.S. § 7203.

(iii)  35 Pa.C.S. § 7212(b).

(iv)  35 Pa.C.S. § 7213(c).

(v)  35 Pa.C.S. § 7214(a), (b), (d), (e) and (g).

(vi)  35 Pa.C.S. § 7215(a) and (c).

Section 5.  This act shall take effect in 60 days.

 

APPROVED--The 29th day of October, A.D. 2024.

 

JOSH SHAPIRO