PRIOR PRINTER'S NOS. 1046, 2449 PRINTER'S NO. 2748
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 843
Session of
2023
INTRODUCED BY D. MILLER, MIHALEK, BENHAM, SANCHEZ, KINSEY,
PISCIOTTANO, GUENST, KULIK, MATZIE, MARKOSEK, VENKAT,
McANDREW, GERGELY, SALISBURY, DEASY, GILLEN, INNAMORATO,
STRUZZI, MARSHALL, MERCURI, GAYDOS, KAIL, FLEMING, SCIALABBA,
KINKEAD, WENTLING, TAKAC, GREEN, OTTEN, MUSTELLO AND HILL-
EVANS, APRIL 28, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 19, 2024
AN ACT
1 Amending Title 35 (Health and Safety) of the Pennsylvania <--
2 Consolidated Statutes, in emergency management services,
3 providing for counterterrorism planning, preparedness and
4 response; in Emergency Management Assistance Compact,
5 providing for construction; and making repeals.
6 AMENDING TITLE 35 (HEALTH AND SAFETY) OF THE PENNSYLVANIA <--
7 CONSOLIDATED STATUTES, IN EMERGENCY MANAGEMENT SERVICES,
8 PROVIDING FOR COUNTERTERRORISM PLANNING, PREPAREDNESS AND
9 RESPONSE; IN EMERGENCY MANAGEMENT ASSISTANCE COMPACT,
10 PROVIDING FOR CONSTRUCTION; AND MAKING REPEALS.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Title 35 of the Pennsylvania Consolidated <--
14 Statutes is amended by adding a chapter to read:
15 CHAPTER 72
16 COUNTERTERRORISM PLANNING, PREPAREDNESS AND RESPONSE
17 Subchapter
18 A. Preliminary Provisions
19 B. Counterterrorism Planning, Preparedness and Response
 1 SUBCHAPTER A
2 PRELIMINARY PROVISIONS
3 Sec.
4 7201. Scope of chapter.
5 7202. Definitions.
6 7203. Joint State Government Commission study.
7 § 7201. Scope of chapter.
8 This chapter relates to counterterrorism planning,
9 preparedness and response.
10 § 7202. Definitions.
11 The following words and phrases when used in this chapter
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Commission." The Joint State Government Commission.
15 "Disaster medical assistance team." A complement of
16 individuals organized in accordance with standards developed by
17 the agency and applicable Federal agencies to provide medical
18 service at the scene of disasters and mass casualty incidents.
19 "Disaster mortuary response team." A complement of
20 individuals organized in accordance with standards developed by
21 the agency and applicable Federal agencies to provide mortuary
22 service at the scene of disasters and mass casualty incidents.
23 "FEMA." The Federal Emergency Management Agency.
24 "Letter of agreement." A written agreement between a
25 regional counterterrorism task force and a public, semipublic,
26 private or nonprofit corporation, business, association,
27 partnership, authority, individual or other entity that provides
28 for:
29 (1) Personnel, equipment, supplies, training facilities
30 or other resources either directly to or in support of the
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 1 task force's specialized regional counterterrorism response
2 team.
3 (2) Workers' compensation and death benefits.
4 (3) Use of county 911 communications centers, county
5 emergency management agencies or the State emergency
6 operations center.
7 (4) Member participation in training exercises, drills
8 and actual activation and deployment.
9 "Municipal" or "municipality." A city, borough, incorporated
10 town, township or home rule municipality of this Commonwealth.
11 "Mutual aid." A county's, municipality's or volunteer
12 service organization's affirmative act of sending its personnel,
13 equipment or resources to the scene of an actual or potential
14 disaster, whether inside or outside the boundaries of this
15 Commonwealth, in response to an official dispatch request from a
16 county 911 communications center, county emergency management
17 agency or the State emergency operations center.
18 "Mutual aid agreement." A written agreement between a
19 regional counterterrorism task force and a county, municipality
20 or volunteer service organization that provides for:
21 (1) The county, municipality or volunteer service
22 organization to provide personnel, equipment or other
23 resources in response to an actual or potential disaster.
24 (2) Workers' compensation and death benefits.
25 (3) Use of county 911 communications centers, county
26 emergency management agencies or the State emergency
27 operations center.
28 (4) Member participation in training exercises, drills
29 and actual activation and deployment.
30 "NIMS." The National Incident Management System.
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 1 "PEMA." The Pennsylvania Emergency Management Agency.
2 "Regional counterterrorism task force." A complement of
3 Federal, State, county and municipal emergency management,
4 health, law enforcement, public safety and other officials and
5 representatives from volunteer service organizations, private
6 business and industry, hospitals and medical care facilities and
7 other entities within a multicounty area as determined by the
8 agency that is responsible for conducting counterterrorism
9 planning, training preparedness and response activities.
10 "Specialized regional counterterrorism response team." As
11 follows:
12 (1) A complement of individuals established by a
13 regional counterterrorism task force and organized in
14 accordance with standards developed by the agency and
15 applicable Federal agencies to respond to emergencies
16 involving an actual or potential disaster.
17 (2) The term includes a disaster medical assistance team
18 and disaster mortuary response team.
19 "Specialized Statewide response team." As follows:
20 (1) A complement of individuals organized by the
21 Commonwealth to provide specialized personnel, equipment and
22 other support capabilities in response to an actual or
23 potential disaster in this Commonwealth.
24 (2) The term includes a disaster medical assistance team
25 and disaster mortuary response team.
26 "Urban search and rescue task force." A multidisciplined
27 complement of individuals organized by the agency in accordance
28 with standards developed by the agency and FEMA to provide
29 emergency response and search and rescue capabilities and
30 resources at the scene of a disaster consistent with NIMS
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 1 guidelines.
2 "Volunteer service organization." A volunteer fire company,
3 volunteer ambulance or medical company, volunteer rescue squad
4 or any other volunteer entity organized and chartered or
5 incorporated in this Commonwealth or chartered by the Congress
6 of the United States for the primary purpose of providing
7 emergency services as defined in section 7102 (relating to
8 definitions).
9 § 7203. Joint State Government Commission study.
10 (a) Duty.--The commission shall conduct a comprehensive
11 study and assessment on the need, readiness and state of
12 operations of Pennsylvania Task Force 1 and the Commonwealth's
13 urban search and rescue capabilities and identify
14 vulnerabilities, gaps in the system and areas of necessary and
15 appropriate improvement.
16 (b) Advisory board.--The commission shall establish an
17 advisory board to conduct the study under this section. The
18 board shall consist of the following members or their designee:
19 (1) The Director of PEMA.
20 (2) The Adjutant General.
21 (3) The State Fire Commissioner.
22 (4) The Commissioner of the Pennsylvania State Police.
23 (5) The Secretary of Conservation and Natural Resources.
24 (6) The Secretary of Environmental Protection.
25 (7) The Secretary of Health.
26 (8) The Secretary of Transportation.
27 (9) The Executive Director of the Pennsylvania Fish and
28 Boat Commission.
29 (10) The Commander of the Pennsylvania Civil Air Patrol.
30 (11) The FEMA Region 3 Representative.
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 1 (12) One emergency management coordinator each from
2 western, eastern and central Pennsylvania.
3 (13) A representative of the National Emergency Number
4 Association.
5 (14) A representative of the Association of Public-
6 Safety Communications Officials.
7 (15) A representative of the Pennsylvania Association of
8 Hazardous Materials Technicians.
9 (16) A representative of the Pennsylvania State
10 Association of Boroughs.
11 (17) A representative of the executive board of the
12 Pennsylvania State Association of Township Supervisors.
13 (18) A representative of the Municipal League.
14 (19) A representative of the Pennsylvania State
15 Association of Township Commissioners.
16 (20) The President of Pennsylvania Task Force 1.
17 (21) A representative of the Pennsylvania Fire Advisory
18 Board.
19 (22) A representative of the Ambulance Association of
20 Pennsylvania.
21 (23) Three directors of regional task forces, which task
22 forces must be located in western Pennsylvania, central
23 Pennsylvania and eastern Pennsylvania.
24 (24) A representative of the County Commissioners
25 Association of Pennsylvania.
26 (c) Conduct and assessment.--The commission shall:
27 (1) Conduct the study by reviewing the following:
28 (i) Strategies developed and utilized by agencies
29 and businesses throughout this Commonwealth for dealing
30 with disaster emergencies under the all-hazards
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 1 preparedness standards provided by NIMS.
2 (ii) Security measures and response plans in place
3 for critical emergency management and response for
4 infrastructure such as bridges, roads, power stations,
5 airports, dockyards and other critical infrastructure.
6 (iii) In consultation with PEMA, the overall
7 emergency response system plan for this Commonwealth in
8 accordance with NIMS standards and guidelines.
9 (iv) The level of training required and competency
10 among Pennsylvania Task Force 1 staff, including current
11 operations conducted by Pennsylvania Task Force 1.
12 (v) The current capabilities of Pennsylvania Task
13 Force 1 and the Commonwealth's regional task forces
14 related to extraction from damaged or collapsed
15 structures in this Commonwealth.
16 (vi) The status of protocols and capabilities of
17 emergency medical services care provided by and to task
18 forces for entrapped survivors, task force personnel and
19 others. The assessment shall include canine search
20 capability, readiness and care.
21 (vii) Pennsylvania Task Force 1's reconnaissance
22 capabilities regarding damage assessment, mission
23 readiness and resource needs.
24 (viii) PEMA's protocols and communications
25 capabilities between Pennsylvania Task Force 1, this
26 Commonwealth's current regional task forces and local
27 emergency response personnel, such as fire companies, EMS
28 agencies and State and local law enforcement, as well as
29 Federal, State and local governments regarding their
30 emergency operations.
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 1 (ix) The current protocols, capabilities or needs
2 for hazardous material surveys, extraction and cleanup.
3 (x) Pennsylvania Task Force 1's and this
4 Commonwealth's regional task forces' capabilities
5 regarding structural stabilization as well as shoring and
6 cribbing operations to damaged buildings.
7 (xi) The current protocols and capabilities of
8 Pennsylvania Task Force 1's aquatic and aerial
9 operations.
10 (2) Review, assess, inventory and catalog equipment
11 possessed by Pennsylvania Task Force 1 and each other
12 regional task force in this Commonwealth.
13 (3) Conduct a monetary assessment to identify and
14 quantify the funding impacts of Pennsylvania Task Force 1 and
15 the regional task force system, as well as the funding impact
16 and needs of creating an additional FEMA Level 1 through 4
17 task force in this Commonwealth.
18 (d) Urban search and rescue.--The commission shall examine
19 each of the component parts of the urban search and rescue
20 system in this Commonwealth, including Pennsylvania Task Force
21 1, according to the policies and procedures of the National
22 Urban Search and Rescue Response System. The commission shall
23 examine the capability of the current urban search and rescue
24 system in this Commonwealth to meet the challenges that the
25 current system faces.
26 (e) Report and recommendations.--In developing a report as
27 required under this section, the commission shall identify gaps
28 in the system and develop recommendations to address the gaps.
29 The information shall include the identification of resources
30 necessary to address gaps and shall include the identification
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 1 of areas or regions in this Commonwealth that lack resources in
2 accordance with the policies and procedures of the National
3 Urban Search and Rescue Response System.
4 (f) Time.--The commission shall submit to the General
5 Assembly a report of its findings and recommendations by
6 November 30, 2024.
7 SUBCHAPTER B
8 COUNTERTERRORISM PLANNING, PREPAREDNESS AND RESPONSE
9 Sec.
10 7211. Counterterrorism planning, preparedness and response
11 program.
12 7212. Regional counterterrorism task forces.
13 7213. Regional counterterrorism response and preparedness.
14 7214. Urban search and rescue task forces.
15 7215. Specialized Statewide response teams.
16 7216. Grant program.
17 7217. Miscellaneous provisions.
18 7218. Commonwealth indemnification.
19 § 7211. Counterterrorism planning, preparedness and response
20 program.
21 (a) Coordination and consultation.--The agency shall
22 coordinate and consult with other State agencies, departments
23 and offices, including the Office of Homeland Security of the
24 Commonwealth, to establish, develop and maintain a
25 counterterrorism planning, preparedness and response program to
26 promote and protect the health, safety and welfare of emergency
27 responders, public officials and the general public from actual
28 or potential disasters in this Commonwealth.
29 (b) Agency responsibilities.--The agency shall:
30 (1) Define the necessary components and composition of
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 1 regional counterterrorism task forces and specialized
2 regional counterterrorism response teams and the respective
3 regional counterterrorism zones for each, but shall not be
4 responsible for appointing individual members to the regional
5 counterterrorism task forces or the specialized regional
6 counterterrorism response teams.
7 (2) Provide training and technical assistance for
8 counterterrorism planning, preparedness and response.
9 (3) Establish guidelines and policies to coordinate
10 emergency response activities with Federal, State, county and
11 municipal emergency management, health, law enforcement,
12 public safety and other officials and representatives from
13 volunteer service organizations, private business and
14 industry, hospitals and medical care facilities and other
15 entities responsible for the health, safety and welfare of
16 the residents of this Commonwealth. The agency shall consult
17 with representatives of the regional counterterrorism task
18 forces to develop such policies and guidelines necessary to
19 carry out this chapter.
20 (4) Require the regional counterterrorism task forces to
21 prepare counterterrorism emergency response plans or
22 protocols, readiness evaluation reports or other documents
23 deemed necessary by the agency.
24 (5) Provide grants and other funding assistance as
25 required by this chapter.
26 (6) Conduct terrorist incident exercises.
27 (7) Provide technical assistance to regional
28 counterterrorism task forces in developing and entering into
29 mutual aid agreements and letters of agreement.
30 (8) Establish a certification program for specialized
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 1 regional counterterrorism response team