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Powers and duties - 35 Pa. Cons. Stat. § 7313Legal Research Home > Pennsylvania Statutes
§ 7313. Powers and duties.
The agency shall have the following powers and duties:
(1) To prepare, maintain and keep current a Pennsylvania
Emergency Management Plan for the prevention and minimization
of injury and damage caused by disaster, prompt and effective
response to disaster and disaster emergency relief and
recovery. The plan may include provisions for:
(i) Preparedness standards established by the
Federal Emergency Management Agency.
(ii) Commonwealth and local disaster emergency
management responsibilities.
(iii) Assistance to Commonwealth agencies, local
government officials, schools and custodial child care
facilities in designing emergency management plans and
training programs.
(iv) Organization of manpower, chains of command,
continuity of government in emergency situations and
emergency operational principles.
(v) Coordination of Federal, Commonwealth and local
disaster emergency management activities.
(vi) Coordination of the Commonwealth Emergency
Management Plan with the disaster plans of the Federal
Government and those of other states.
(vii) Assistance to the Commonwealth and local
governments in obtaining, utilizing and managing Federal
and Commonwealth disaster assistance.
(viii) Supply to appropriate Commonwealth and local
officials State catalogs of Federal, Commonwealth and
private assistance programs.
(ix) Identification of areas particularly vulnerable
to disasters.
(x) Recommendations for zoning, building and other
land-use controls; safety measures pertaining to
nonpermanent or semipermanent structures; resource
conservation and allocation; and other preventive and
preparedness measures designed to eliminate or reduce
disasters or their impact.
(xi) Authorization and procedures for the erection
or other construction of temporary works designed to
protect against or mitigate danger, damage or loss from
flood, conflagration or other disaster.
(2) To establish, equip and staff a Commonwealth and
area emergency operations center with a consolidated
Statewide system of warning and provide a system of disaster
communications integrated with those of Federal, Commonwealth
and local agencies involved in disaster emergency operations.
(3) To promulgate, adopt and enforce such rules,
regulations and orders as may be deemed necessary to carry
out the provisions of this part.
(4) To provide technical advice and assistance to
Commonwealth agencies, political subdivisions, schools and
custodial child care facilities in the preparation of
disaster emergency management plans or components thereof and
to periodically review such plans and suggest or require
revisions.
(5) To establish and operate or assist political
subdivisions in establishing and operating training programs
and programs of public information.
(6) To supply appropriate Commonwealth and local
agencies and officials and the general public with
precautionary notices, watches and warnings relating to
actual and potential disasters and to provide a flow of
official information and instructions to the general public
through all means available before, during and after an
emergency. The agency shall implement a program of integrated
flood warning systems among political subdivisions. The
agency shall establish coordinated flood notification and
early warning systems along prescribed major river basins and
selected tributaries thereof in this Commonwealth.
(7) To provide emergency direction and control of
Commonwealth and local emergency operations.
(8) To determine the need for, maintain information
regarding and procure materials, supplies, equipment,
facilities and services necessary for disaster emergency
readiness, response and recovery.
(9) To make or request of Commonwealth or local agencies
and officials, studies, surveys and reports as are necessary
to carry out the purposes of this part.
(10) To plan and make arrangements for the availability
and use of any private facilities, services and property and,
if necessary and if in fact used, provide for payment for use
under terms and conditions agreed upon.
(11) To prepare, for issuance by the Governor, executive
orders, proclamations and regulations as necessary or
appropriate in coping with disasters.
(12) To cooperate with the Federal Government and any
public or private agency or entity in achieving any purpose
of this part and in implementing programs for disaster
prevention, preparation, response and recovery.
(13) To administer grant programs to political
subdivisions for disaster management.
(14) To accept and coordinate assistance provided by
Federal agencies in major disasters or emergencies in
accordance with the provisions of The Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Public Law 93-
288, 42 U.S.C. § 5121 et seq.), or any amendment or
reenactment thereof.
(15) To respond to disaster relating to atomic energy
operations or radioactive objects or materials. Any such
action taken and any regulations adopted by the office shall
be inapplicable to any objects or materials possessing a
radiation-producing capacity less than that set forth as the
maximum safety limit by the standards endorsed and as may be
subsequently endorsed by the United States Nuclear Regulatory
Commission for the protection of life and property and the
maintenance of health and safety.
(16) To take other action necessary, incidental or
appropriate for the implementation of this part.
(17) To report annually to the General Assembly the
state of preparedness of the Commonwealth to deal with attack
or disaster and those significant events occurring within the
past year.
(18) To recommend to the Governor legislation or other
actions as deemed necessary in connection with the purposes
of this part.
(19) To provide, from its own stockpiles or other
sources, emergency operational equipment, materials and
supplies required and available for essential supplementation
of those owned, acquired and used by Commonwealth, county and
local departments and agencies for attack and disaster
operations. The agency shall establish two regional emergency
supply warehouses. One shall be located in the western part
of this Commonwealth, and one shall be located in the eastern
part of this Commonwealth.
(20) For the period during which an emergency is
declared by the Governor, to incur obligations for or
purchase such materials and supplies as may be necessary to
combat a disaster, protect the health and safety of persons
and property and provide emergency assistance to victims of a
disaster without complying with formal bidding or other time-
consuming contract procedures.
(21) To require hydroelectric generating facilities and
dam operators to do all of the following:
(i) Provide minimum competency testing for their
operators.
(ii) Submit plans for flood notification and
warning.
(July 13, 1988, P.L.501, No.87, eff. imd.; May 31, 1996, 2nd
Sp.Sess., P.L.1762, No.2, eff. imd.; July 13, 2004, P.L.689,
No.73, eff. 60 days)
2004 Amendment. Act 73 amended pars. (1)(iii) and (4).
1996 Amendment. Act 2, 2nd Sp.Sess., amended par. (14).
1988 Amendment. Act 87 amended pars. (6), (19) and (20) and
added par. (21).
Cross References. Section 7313 is referred to in sections
7301, 7320, 7503 of this title.
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Last modified: November 27, 2007 |