35 Pa.C.S. § 5302 — PA Code / Title 35 / Chapter 53 / Section 5302
Definitions.
Status: in_force

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:

"911 communication." Transmission of information to a PSAP for the initial reporting of police, fire, medical or other emergency situation.

"911 communications service." As follows:

(1) A service that allows the two-way transmission, conveyance or routing of voice, data, audio, video or any

information of signals, including cable and internet protocol services, to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave or other medium or method in existence on or after the effective date of this definition, regardless of protocol used for the transmission or conveyance, only if that service is capable of contacting a PSAP by entering or dialing the digits 911 and is subject to applicable Federal or State requirements to provide the 911 dialing capability.

(2) The term does not include wireless and Internet-protocol-enabled services that are exempt from Federal Communications Commission regulations for 911 communications service, 911 service and next generation 911 service.

"911 service provider." An entity that provides all or parts of the network, software applications, databases, CPE components and operations and management procedures required to support a 911 system.

"911 system." A system capable of receiving and processing a 911 communication throughout a defined geographic area. The term shall include a county or county-based regional 911 system or a PSAP.

"Access line." The physical voice-grade telecommunications connection or the cable or broadband transport facilities, or any combination of these facilities owned, controlled or relied upon by a 911 service provider between an end-user customer's premises and a 911 service provider's network that, when the digits 911 are dialed, provides the end-user customer access to a PSAP through a permissible interconnection to the dedicated 911 network.

"Access line equivalent." In the case of multichannel services or offerings, channelized by a service provider, each individual channel or trunk provided to an end-user customer and capable of simultaneously supporting a voice call to 911 shall constitute a separate access line or equivalent access line.

"Addressing authority." The entity responsible for assigning an address to locations within a local government's geographical area.

"Addressing the ESInet." A request for emergency service made to a PSAP without physically dialing the digits "911."

"Advisory committee." (Deleted by amendment).

"Agency." The Pennsylvania Emergency Management Agency.

"ALI." (Deleted by amendment).

"ANI." (Deleted by amendment).

"Associated with Pennsylvania." (Deleted by amendment). "Automatic location information" or "ALI." The delivery or receipt of location information, including, but not limited to, the street address or geographic location of a telecommunication device, as specified in the FCC 911 Order, being used to communicate with a 911 system. "Automatic number identification" or "ANI." The delivery or receipt of a telephone number assigned to a telecommunication device being used to communicate with a 911 system.

"Board." The 911 board established under section 5303(b) (relating to telecommunications management).

"Call." A two-way communication established using a 911 communications service.

"Call-back number." A number used by a public safety answering point to recontact the location from which a 911 call

was placed. This number may or may not be the number of the telephone station used to originate the 911 call.

"Call handling equipment." A functional element concerned with the details of the management of calls that:

(1) Handles all communication from the caller.

(2) Includes the interfaces, devices, software and applications utilized by the agents to handle the call.

"Call processing record." A record stored in a next generation 911 technology database that derived from the PSAP call handling equipment and next generation 911 technology, which may include transactional call details, caller personal identifiable information or caller location data associated with a request for assistance.

"Commission." (Deleted by amendment).

"Communication service." Any service that provides to a subscriber or consumer the capability to initiate, route, transmit or complete a 911 communication from or through any telecommunication device that utilizes telephone numbers, Internet protocol addresses or functional equivalents or technological successors.

"Competitive local exchange carrier." (Deleted by amendment).

"Consumer." A person who purchases prepaid wireless telecommunications service or a prepaid wireless device in a retail transaction.

"Contribution rate." (Deleted by amendment).

"Council." (Deleted by amendment).

"County." (Deleted by amendment).

"County plan." (Deleted by amendment).

"Department." The Department of Revenue of the Commonwealth.

"Dispatchable location." A location delivered to the PSAP with a 911 call that consists of the validated street address of the calling party and additional information such as suite, apartment or similar information necessary to adequately identify the location of the calling party, except for commercial mobile radio service providers, which shall convey the location information required by 47 CFR Pt. 9 Subpt. C (relating to commercial mobile radio service). "Emergency location identification number" or "ELIN." (Deleted by amendment).

"Emergency notification services." Services provided by authorized agencies of Federal, State, county or local governments, or by persons authorized by these governments, that notify the public and may use ANI/ALI database information, of emergencies declared by these governments. "Emergency Services Internet Protocol network" or "ESInet." A robust, redundant dedicated Internet Protocol-based private network that serves as the foundation of next generation 911 services and is utilized to support the ingress, location, routing and delivery of 911 calls, data and video to PSAPs.

"Emergency support services." Information or database management services provided by authorized agencies of Federal, State, county or local governments, or by persons authorized by these governments, that are used in support of PSAPs or emergency notification services. "Enhanced 911 service" or "911." Emergency communication service providing for automatic identification of caller location and calling number, which includes network switching, database and PSAP premise elements capable of providing automatic location identification data and a call-back number.

"FCC 911 Order." All of the following:

(1) All orders or final rules issued by the Federal Communications Commission pursuant to the proceeding entitled "Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems" (CC Docket No. 94-102) codified at 47 CFR § 20.18 (relating to 911 service), "Wireless E-911 Location Accuracy Requirements" codified at 47 CFR Pt. 20 (relating to commercial mobile services) and any successor proceeding.

(2) Any Federal Communications Commission order that affects the provision of wireless 911 service to wireless service customers.

"Fund." The 911 Fund established under section 5306.1 (relating to fund). "Geographic information systems" or "GIS." Computer-based tools used in 911 services to identify geographic locations and boundaries.

"Hybrid system." A system providing both manual and pooled access for outgoing calls. During installation, either pooled or manual access is selected.

"Industry standards." Publicly available technical requirements or standards adopted by an emergency communications industry association or standard-setting organization, including, but not limited to, the National Emergency Number Association and the Association of Public Safety Communications Officials International.

"Interconnected Voice over Internet Protocol provider." A person engaged in the business of providing interconnected VoIP service to end-use subscribers in this Commonwealth, including resellers.

"Interconnected Voice over Internet Protocol service." Service as defined by any of the following:

(1) All orders issued by the Federal Communications Commission pursuant to the proceeding entitled "IP-Enabled Services" (WC Docket No. 04-36; FCC 05-116), codified at 47 CFR Part 9 (relating to interconnected Voice over Internet Protocol services), and any successor proceeding.

(2) Any Federal Communications Commission order that affects the provision of 911 service to VoIP service subscribers or further defines interconnected Voice over Internet Protocol service. "Interconnected Voice over Internet Protocol service subscriber." A person who is billed by an interconnected Voice over Internet Protocol provider, who is the end user of VoIP service and has designated a place of primary use within this Commonwealth.

"Interexchange carrier." (Deleted by amendment).

"Key telephone system." A type of multiline telephone system which provides shared access to several outside lines through buttons or keys, and which has identified access lines with direct line appearances or terminations on each telephone station.

"Local exchange carrier." A person that provides local exchange telecommunications service within this Commonwealth.

"Local exchange telecommunications service." The transmission of voice messages that originate and terminate within a prescribed local calling area, including services subject to regulation by the Pennsylvania Public Utility Commission.

"Local exchange telephone service." (Deleted by amendment).

"Local notification." A system capability that directs a call to 911 from a multiline telephone system extension through the 911 network to a public safety answering point and

simultaneously notifies a designated individual to identify the location of the telephone that has dialed 911.

"Master street address guide." A database of street names and house number ranges within the associated communities defining emergency services zones and their associated emergency services numbers to enable proper routing of 911 calls. "Mobile telephone number" or "MTN." (Deleted by amendment). "Multiline telephone system" or "MLTS." A system comprised of common control units, telephone sets, control hardware and software and adjunct systems used to support capabilities, including, but not limited to, network and premises-based systems such as Centrex, VoIP, Hybrid and Key Telephone Systems and PBX as classified under 47 CFR § 68.162 (relating to requirements for telecommunication certification bodies), whether owned or leased by private individuals and businesses or by government agencies and nonprofit entities.

"Multiline telephone system (MLTS) manager." The person authorized to implement a multiline telephone system, either through purchase or lease of an MLTS or the purchasing of MLTS services, as the means by which to make 911 calls.

"Multiline telephone system (MLTS) operator." The person responsible for ensuring that a 911 call placed from a multiline telephone system is transmitted and received in accordance with this chapter regardless of the MLTS technology used to generate the call. The MLTS operator may be the MLTS manager or a third party acting on behalf of the MLTS manager.

"Network operations center." A centralized location where the performance and health of a network or system is continuously monitored. "Next generation 911 service" or "NG911 service."

service using, in whole or in part, next generation 911 technology. "Next generation 911 technology" or "NG911 technology." Equipment, products or services that enable a PSAP to receive calls for emergency assistance by voice, text, video, Internet protocol or other technology authorized by Federal law, regulation or industry standard. The term includes any new technology with the same or similar functionality.

"NPA-NXX." (Deleted by amendment).

"Other emergency communications service." Services covered by the term as defined in 47 U.S.C. § 615b(8) (relating to definitions).

"Other emergency communications service provider." Entities covered by that term as defined in 47 U.S.C. § 615b(9).

"Person." The term includes a corporation, an LLC, a partnership, an association, the Federal Government, the State government, a political subdivision, a municipal or other local authority and a natural person.

"Place of primary use." The street address where the subscriber's use of the wireless or VoIP service primarily occurs. For the purpose of the surcharge assessed on a VoIP service subscriber, place of primary use is the VoIP service subscriber's registered location on the date the VoIP service subscriber is billed.

"Prepaid wireless device." A device that is purchased with a prepaid wireless telecommunications service and is strictly used for that purpose.

"Prepaid wireless E-911 surcharge." (Deleted by amendment).

"Prepaid wireless provider." A person that provides prepaid wireless telecommunications service.

"Prepaid wireless telecommunications service." A wireless telecommunications service that meets all of the following:

(1) Allows a caller to transmit the digits 911 to access a 911 system.

(2) Must be paid for in advance and sold in predetermined units or dollars of which the number may or may not decline with use in a known amount.

"Primary place of use." (Deleted by amendment).

"Private 911 emergency answering point." (Deleted by amendment). "Private branch exchange" or "PBX." A private telephone network switch that is connected to a publicly switched telephone network.

"Provider." A person that provides service to the public for a fee that includes 911 communications service, including, but not limited to, a local exchange carrier, a wireless provider, a prepaid wireless provider, a VoIP provider or a provider of next generation 911 or successor services.

"PSAP." (Deleted by amendment).

"Public agency." Any of the following:

(1) The Commonwealth.

(2) A political subdivision, public authority or municipal authority.

(3) An organization located in whole or in part within this Commonwealth which provides or has the authority to provide firefighting, law enforcement, ambulance, emergency medical or other emergency services. "Public safety answering point" or "PSAP." The agency-approved entity that receives 911 communications from a defined geographic area and processes those calls according to a specific operational policy. The term shall refer to a county or county-based regional 911 system.

"Public switched telephone network." The network of equipment, lines and controls assembled to establish communication paths between calling and called parties in North America.

"Regional." A geographic area that includes more than one county.

"Regional 911 system." A PSAP that combines two or more primary PSAPs into a single physically combined primary PSAP with an integrated management structure that serves the same population previously served by independent primary PSAPs.

"Regional ESiNET." An Internet Protocol-based system which consists of managed networks, shared applications and the ability to replicate emergency 911 features and functions.

"Regionalization of technology." The adoption of technology that increases the efficiency of a 911 system by allowing multiple PSAPs to use the same equipment or service.

"Retail transaction." The purchase of prepaid wireless telecommunications service or a prepaid wireless device bundled with prepaid wireless telecommunications service from a seller for any purpose other than resale.

"Security operations center." A centralized location where a network or system are continuously monitored to prevent, detect, investigate and respond to cyber threats.

"Seller." A person who sells prepaid wireless telecommunications service or a prepaid wireless device bundled with prepaid wireless telecommunications service to another person.

"Shared residential MLTS service." (Deleted by amendment).

"Shared telecommunications services." (Deleted by amendment).

"Subscriber." A person who contracts with and is billed by a provider within this Commonwealth for a 911 communications service. In the case of wireless service, the term shall mean a person who contracts with a provider if the person's place of primary use is within this Commonwealth.

"Telecommunications." The term shall have the meaning given to it in 47 U.S.C. § 153(50) (relating to definitions).

"Telecommunications carrier." Any provider of telecommunications services as defined by the Telecommunications Act of 1996 (Public Law 104-104, 110 Stat. 56). "Telecommunication device" or "device." Any equipment or item made or adapted for use by a subscriber or consumer to initiate, route or transmit 911 communications using a 911 communications service.

"Telephone subscriber." (Deleted by amendment).

"Temporary facility." (Deleted by amendment). "Uniform 911 surcharge" or "surcharge." The fee assessed to a subscriber or consumer as provided for under this chapter.

"Vendor." A person who supplies 911 system services or equipment to enable the transmission of a 911 communication to a PSAP or to support a 911 system or a consultant representing the person, county or PSAP.

"VoIP provider." Interconnected Voice over Internet Protocol provider.

"VoIP service." Interconnected Voice over Internet Protocol service.

"VoIP service line." This term has the same meaning as

"access line."

"VoIP service subscriber." An Interconnected Voice over Internet Protocol service subscriber.

"Wireless 911 service." 911 communications service provided by a wireless provider, pursuant to the FCC 911 Order, including text-to-911 or any successor requirements.

"Wireless E-911 State plan." (Deleted by amendment).

"Wireless E-911 surcharge." (Deleted by amendment).

"Wireless E-911 system." (Deleted by amendment).

"Wireless provider." A person engaged in the business of providing wireless service to end-use subscribers in this Commonwealth, including resellers.

"Wireless service." Commercial mobile radio service as defined under section 332(d) of the Communications Act of 1934 (48 Stat. 1604, 47 U.S.C. § 332(d)) which provides real-time, two-way voice service that is interconnected with the public switched telephone network. The term does not include prepaid wireless telecommunications service.

"Wireless service customer." A person who is billed for wireless service by a wireless provider or who purchases prepaid wireless telecommunications service within this Commonwealth. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; June 28, 2019, P.L.142, No.17, eff. imd.; Nov. 18, 2024, P.L.1186, No.147, eff. imd.) 2024 Amendment. Act 147 amended the defs. of "automatic location information," "automatic number identification," "next generation 911 service" and "next generation 911 technology," added the defs. of "access line," "access line equivalent," "addressing authority," "addressing the ESInet," "call handling equipment," "call processing record," "dispatchable location," "Emergency Services Internet Protocol network" or "ESInet,"

"geographic information systems" or "GIS," "network operations center," "regional 911 system," "security operations center" and "VoIP service line" and deleted the defs. of "ALI," "ANI," "emergency location identification number" or "ELIN," "private 911 emergency answering point," "shared residential MLTS service," "shared telecommunications services" and "temporary facility." 2019 Amendment. Act 17 amended the defs. of "911 system" and "public safety answering point" or "PSAP." Special Provisions in Appendix. See section 7(b)(3) of Act 118 of 2010 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 5302 is referred to in section 75A01 of this title.
35 Pa.C.S. § 7308 — PA Code / Title 35 / Chapter 73 / Section 7308
Laws suspended during emergency assignments.
Status: in_force

(a) Commonwealth agencies.--In the case of a declaration of a state of emergency by the Governor, Commonwealth agencies may implement their emergency assignments without regard to procedures required by other laws (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials and expenditures of public funds.

(b) Out-of-State business or employee.--Notwithstanding any other law to the contrary, if the Governor has declared a disaster emergency to exist under this part or the President has declared a major disaster or emergency to exist in this Commonwealth, the following shall apply:

(1) An out-of-State business that conducts operations within this Commonwealth for purposes of performing disaster emergency-related work for a period of not more than ten days before or not more than 60 calendar days after the end of the declared disaster emergency period may not be considered to have established a level of presence that would require that business to register, file and remit State or local taxes or that would require the out-of-State business or an out-of-State employee to be subject to any licensing or registration requirements of the Commonwealth, provided that the out-of-State business is in substantial compliance with all applicable regulatory and licensing requirements in its state of domicile, including any of the following:

(i) State or local business licensing or registration requirements.

(ii) Pennsylvania Public Utility Commission or regulatory requirements.

(iii) State and local taxes and fees, such as unemployment insurance, sales and use tax or property tax on equipment brought into this Commonwealth on a temporary basis used during the disaster emergency and subsequently removed from this Commonwealth, State or local occupational licensing fees or local services taxes.

(iv) A State or local tax on or measured by, in whole or in part, net or gross income or receipts. The activity of the out-of-State business that is conducted in this Commonwealth under this title shall be disregarded with respect to a filing requirement for the tax, including the filing required, if any, for a unitary or combined group of which the out-of-State business may be a part. For the purpose of apportioning income, revenue or receipts, the performance of work in accordance with this section by an out-of-State business may not be sourced to or otherwise impact or increase the amount of income, revenue or receipts apportioned to the Commonwealth.

(2) The period under paragraph (1) may be extended by the Governor for a period of not more than 30 days for each declared disaster emergency.

(3) An out-of-State employee shall not be considered to have established residency or presence in this Commonwealth that would require the individual or the individual's employer to file and pay income taxes, to be subjected to income tax withholding or to file and pay any other State or local tax or fee for disaster emergency-related work performed during the disaster period designated under paragraphs (1) and (2), including any related State or local employer withholding or remittance obligations.

(c) Liability exemption.--Nothing in this section shall be construed to relieve an entity or individual from a liability not explicitly exempted under this section, including, but not limited to, damages associated with an act of negligence.

(d) Transaction taxes and fees.--An out-of-State business and out-of-State employee shall be required to pay transaction taxes and fees, including but not limited to, fuel taxes or

sales and use tax on materials or services consumed or used in this Commonwealth subject to sales and use tax, hotel taxes or car rental taxes or fees that the out-of-State business or out-of-State employee purchases for use or consumption in this Commonwealth during the period not more than ten days before or not more than 60 calendar days after the end of the declared disaster emergency unless the taxes or fees are otherwise exempted. (Oct. 31, 2014, P.L.3044, No.203, eff. 60 days) 2014 Amendment. Section 3 of Act 203 provided that the amendment shall apply to a disaster or emergency that is declared on or after the effective date of section 3. Cross References. Section 7308 is referred to in section 7102 of this title.
35 Pa.C.S. § 5307.1 — PA Code / Title 35 / Chapter 53 / Section 5307.1
Payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service.
Status: in_force

(a) Surcharge.--The following apply:

(1) The surcharge shall be collected by the seller from the consumer per each retail transaction occurring in this Commonwealth.

(2) The surcharge shall be applied to the cost of each retail transaction regardless of whether the retail transaction occurred in person, by telephone, through the Internet or by any other method. A retail transaction that is conducted in person by a consumer at a business location of the seller shall be treated as occurring in this Commonwealth if that business location is in this Commonwealth. Any other retail transaction shall be treated as occurring in this Commonwealth if the retail transaction is treated as occurring in this Commonwealth under section 202(e.1) of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

(3) The surcharge shall be either separately stated on an invoice, receipt or other similar document that is provided to the consumer by the seller or otherwise conspicuously disclosed to the consumer by the seller.

(4) The surcharge is a liability of the consumer and not of the seller or any provider, except that the seller shall be liable to remit any surcharge collected from a consumer as provided under paragraph (6), including the charges that the seller is deemed to collect if the amount of the surcharge has not been separately stated on an invoice, receipt or other similar document provided to the consumer by the seller.

(5) The amount of the surcharge that is collected by a seller from a consumer, whether or not the amount is separately stated on an invoice, receipt or similar document provided to the consumer by the seller, shall not be included in the base for measuring a tax, fee, surcharge or other charge that is imposed by the Commonwealth, a political subdivision or an intergovernmental agency.

(6) The surcharge collected by a seller, less 1.5% that may be retained by the seller to cover administrative costs,

shall be remitted to the Department of Revenue at the times provided under Article II of the Tax Reform Code of 1971. The department shall establish payment procedures that substantially coincide with the payment procedures of Article II of the Tax Reform Code of 1971, except the department may require the filing of returns and the payment of the surcharge by electronic means.

(7) The assessment, audit, appeal, collection and enforcement procedures and other provisions of the Tax Reform Code of 1971 shall apply to the surcharge collected and remitted under this section.

(8) The provision of section 5311.1 (relating to immunity) shall apply to prepaid wireless providers and sellers.

(9) The surcharge shall be the only 911 funding obligation imposed regarding prepaid wireless telecommunications service in this Commonwealth. A tax, fee, surcharge or other charge may not be imposed by the Commonwealth, a political subdivision or an intergovernmental agency for 911 funding purposes on a seller or consumer with respect to the sale, purchase, use or provision of prepaid wireless telecommunications service. The surcharge shall not be considered revenue of any seller.

(10) Each seller that remits the surcharge shall certify the accuracy of the remittance annually using the procedures and forms provided by the department.

(b) Department of Revenue.--The following shall apply to the department:

(1) The department shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions for sales and use tax purposes under Article II of the Tax Reform Code of 1971.

(2) The department shall pay all remitted surcharges to the State Treasurer for deposit into the fund within 30 days of receipt for use as provided for under this chapter.

(3) The department may retain up to 1% of remitted surcharges to pay for expenses directly related to the costs of administering the collection and remittance of surcharges collected under this section. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; Nov. 18, 2024, P.L.1186, No.147, eff. imd.) 2024 Amendment. Act 147 amended subsec. (a)(10). 2015 Amendment. Act 12 added section 5307.1. Cross References. Section 5307.1 is referred to in sections 5306.1, 5306.2 of this title.
35 Pa.C.S. § 7601 — PA Code / Title 35 / Chapter 76 / Section 7601
Compact enacted.
Status: in_force

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:
35 Pa.C.S. § 5741 — PA Code / Title 35 / Chapter 57 / Section 5741
Response to COVID-19 disaster emergency (Expired).
Status: reserved

2021 Expiration. Section 5741 expired June 10, 2021. See House Resolution 106 of 2021.
35 Pa.C.S. § 7312 — PA Code / Title 35 / Chapter 73 / Section 7312
Organization.
Status: in_force

This agency shall consist of and be organized substantially as follows:

(a) Council.--Primary responsibility for overall policy and direction of a Statewide civil defense and disaster program and response capability of the type hereinafter prescribed shall be vested in a body legally known as the Pennsylvania Emergency

Management Council, which shall be composed of: the Governor, Lieutenant Governor, Adjutant General, Secretary of Health, Attorney General, General Counsel, Secretary of Community Affairs, Secretary of Environmental Protection, Secretary of Transportation, Secretary of Agriculture, Secretary of Public Welfare, Commissioner of the Pennsylvania State Police, Chairman of the Public Utility Commission, State Fire Commissioner, Speaker of the House of Representatives, President pro tempore of the Senate, Minority Leader of the Senate and Minority Leader of the House of Representatives. The Speaker of the House of Representatives, President pro tempore of the Senate, Minority Leader of the Senate and Minority Leader of the House of Representatives may authorize a member of their respective Houses of the General Assembly to serve in their stead. The Governor may authorize up to two representatives of business and industry, up to two representatives of labor, up to two public members at large and one representative respectively of the Pennsylvania State Association of County Commissioners, the Pennsylvania State Association of Township Commissioners, the Pennsylvania State Association of Township Supervisors, the Pennsylvania League of Cities and the Pennsylvania State Association of Boroughs to be nonvoting members of the council. The Governor may designate a member to serve as chairman. Five members shall constitute a quorum.

(b) Compensation and expenses.--The members shall serve without compensation, but may be reimbursed for their actual and necessary traveling and other expenses incurred in connection with attendance at meetings.

(c) Regular meetings.--For the conduct of routine business, including particularly the consideration of matters of basic policy, the council shall meet at the call of the chairman and at least three times during each calendar year.

(d) Emergency meetings.--In the event of attack or disaster situations determined actually or likely to be of such nature, magnitude, severity or duration as to necessitate extensive or extraordinary deployment and use of Commonwealth resources for emergency purposes, the chairman shall, within not more than 72 hours immediately following such determination, call the council into emergency session, for consideration of actions taken or to be taken. In the absence of the chairman, notice of such meetings shall be disseminated to the membership by the State director.

(e) State director.--To supervise the work and activities comprising the State Civil Defense and Disaster Program, the Governor shall appoint an individual to act, on a full-time basis, as director of the agency. The director shall perform all such fiscal, planning, administrative, operational and other duties as may be assigned to him by the council and shall act as the chairman's principal assistant in civil defense and disaster matters. The director or the director's designee is also the State coordinating officer responsible to coordinate and supervise the Commonwealth and local disaster response effort following a presidential declaration of an emergency or a major disaster.

(f) Staff.--The council shall, within the limitations of appropriations made to the agency, arrange for the employment of such professional, technical, administrative and other staff personnel as may be deemed essential to the development and maintenance of a Statewide civil defense and disaster plan and program of the type hereinafter prescribed. All such personnel shall be employed and subject to pertinent provisions of the

act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act," and the Commonwealth Compensation Plan.

(g) Office space, equipment and services.--The agency shall be furnished necessary and appropriate office space, furniture, equipment, supplies and services in the same general manner as are other Commonwealth departments and agencies.

(h) Emergency communications.--The agency shall maintain an integrated communications capability designed to provide to all areas and counties weather advisories, river forecasts, warnings, and direction and control of all emergency preparedness functions within the Commonwealth. The agency shall coordinate the Commonwealth's emergency communication systems, sharing of information and weather emergency notification among the National Weather Service, contiguous State emergency management offices, local coordinators of emergency management, the Pennsylvania State Police, local police departments, private relief associations and other appropriate organizations. Additionally, the agency shall establish the sole Statewide telephone number that persons, including county and municipal emergency management personnel, may use to report incidences of radioactive and hazardous materials and other disaster emergencies.

(i) Administrative provisions.--Except as otherwise provided in this part, the agency shall be subject to the provisions of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929." (July 13, 1988, P.L.501, No.87, eff. imd.; Nov. 13, 1995, P.L.609, No.62, eff. 60 days) 1995 Amendment. Act 62 amended subsec. (a). 1988 Amendment. Act 87 amended subsecs. (a), (d), (e) and

(h). See section 9 of Act 87 in the appendix to this title for special provisions relating to continuation of State Director. References in Text. The act of August 5, 1941 (P.L.752, No.286), known as the Civil Service Act, referred to in subsec.

(f), was repealed by the act of June 28, 2018 (P.L.460, No.71). The subject matter is now contained in Part III of Title 71 (State Government). The Secretary of Community Affairs, referred to in subsec.

(a), was abolished by Act 58 of 1996 and the functions were transferred to the Secretary of Community and Economic Development. The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014. Cross References. Section 7312 is referred to in section 2103 of Title 71 (State Government).
35 Pa.C.S. § 7365 — PA Code / Title 35 / Chapter 73 / Section 7365
Fire and Emergency Medical Services Loan Fund.
Status: in_force

(a) General rule.--There is created a special fund in the Treasury Department to be known as the Fire and Emergency Medical Services Loan Fund to which shall be credited all appropriations made by the General Assembly other than appropriations for expenses of administering this subchapter or grants from other sources to the office as well as repayment of principal and interest on loans made under this subchapter.

(b) Requisition.--Upon approval of the loan, the commissioner shall routinely requisition from the fund such amounts as shall be allocated by the office for loans to fire companies or EMS companies. When and as the amounts so allocated as loans to fire companies or EMS companies are repaid pursuant to the terms of the agreements made and entered into with the office, the office shall pay such amounts into the fund, it being the intent of this subchapter that the fund shall operate as a revolving fund whereby all appropriations and payments made thereto may be applied and reapplied to the purposes of this subchapter.

(c) Administration.--The commissioner may use up to 50% of the interest payments, but not in excess of $600,000, for administrative costs on an annual basis. (June 29, 2012, P.L.663, No.78, eff. imd.; Dec. 23, 2013, P.L.1256, No.129, eff. 60 days; Oct. 29, 2020, P.L.739, No.91, eff. 60 days)

Cross References. Section 7365 is referred to in sections 7363, 7376 of this title.
35 Pa.C.S. § 5311.11 — PA Code / Title 35 / Chapter 53 / Section 5311.11
Rate regulation.
Status: in_force

Nothing in this chapter shall be construed to constitute the regulation of the rates charged by providers for any service or feature which they provide to their subscribers or customers or to prohibit charges to a subscriber or customer for any service provided to a subscriber or customer. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
35 Pa.C.S. § 7832.1 — PA Code / Title 35 / Chapter 78 / Section 7832.1
Additional funding.
Status: in_force

In addition to sums transferred from the State Gaming Fund and under section 2413(a)(1) of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, the sum of $5,000,000 shall be transferred annually from the Property Tax Relief Reserve Fund to the Fire Company Grant Program for the purpose of making grants to eligible fire companies under this subchapter. (June 29, 2012, P.L.663, No.78, eff. imd.; Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
35 Pa.C.S. § 79B21 — PA Code / Title 35 / Chapter 79 / Section 79B21
Active Volunteer Tuition and Loan Assistance Program Fund.
Status: in_force

(a) Establishment.--The Active Volunteer Tuition and Loan Assistance Program Fund is established as a nonlapsing restricted receipts account in the State Treasury in accordance with the money transferred under 3 Pa.C.S. § 1113(a)(3) (relating to disposition of certain funds).

(b) Appropriation.--Money deposited or transferred into the fund, including any accrued interest, is appropriated to the agency on a continuing basis to implement the program.

(c) Administrative actions.--An administrative action may not prevent the deposit or transfer of money into the fund.

(d) Use.--Money in the fund may only be used to implement the program. Money in the fund may not be diverted for any other purpose by administrative action.

Cross References. Section 79B21 is referred to in section 79B01 of this title.
35 Pa.C.S. § 7102 — PA Code / Title 35 / Chapter 71 / Section 7102
Definitions.
Status: in_force

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

"Agency." The Pennsylvania Emergency Management Agency.

"Council." The Pennsylvania Emergency Management Council.

"Custodial child care facility." A child day care center as defined under section 1001 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, or nursery school licensed or regulated by the Commonwealth.

"Disaster." A man-made disaster, natural disaster or war-caused disaster.

"Disaster emergency." Those conditions which may by investigation made, be found, actually or likely, to:

(1) affect seriously the safety, health or welfare of a substantial number of citizens of this Commonwealth or preclude the operation or use of essential public facilities;

(2) be of such magnitude or severity as to render essential State supplementation of county and local efforts or resources exerted or utilized in alleviating the danger, damage, suffering or hardship faced; and

(3) have been caused by forces beyond the control of man, by reason of civil disorder, riot or disturbance, or by factors not foreseen and not known to exist when appropriation bills were enacted.

"Disaster emergency-related work." The repair, renovation, installation, construction or rendering of services or other business activities that relate to infrastructure that has been damaged, impaired or destroyed by a disaster.

"Emergency management." The judicious planning, assignment and coordination of all available resources in an integrated program of prevention, mitigation, preparedness, response and recovery for emergencies of any kind, whether from attack, man-made or natural sources.

"Emergency services." The preparation for and the carrying out of functions, other than functions for which military forces are primarily responsible, to prevent, minimize and provide emergency repair of injury and damage resulting from disasters, together with all other activities necessary or incidental to the preparation for and carrying out of those functions. The functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, disaster warning services, communications, radiological, shelter, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, emergency resources management, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civilian protection.

"Infrastructure." Real and personal property and equipment that is owned or used by any of the following that service multiple customers or citizens:

(1) A communications network.

(2) An electric generation, transmission and distribution system.

(3) A gas distribution system that provides the facilities and equipment for producing, generating, transmitting, distributing or the furnishing of gas directly to the end customer.

(4) A public or private water pipeline.

"Local emergency." The condition declared by the local governing body when in their judgment the threat or actual occurrence of a disaster is or threatens to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby. A local emergency arising wholly or substantially out of a resource shortage may be declared only by the Governor, upon petition of the local governing body, when he deems the threat or actual occurrence of a disaster to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby.

"Local organization." A local emergency management organization.

"Man-made disaster." Any industrial, nuclear or transportation accident, explosion, conflagration, power failure, natural resource shortage or other condition, except enemy action, resulting from man-made causes, such as oil spills and other injurious environmental contamination, which threatens or causes substantial damage to property, human suffering, hardship or loss of life.

"Natural disaster." Any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire, explosion or other catastrophe which results in substantial damage to property, hardship, suffering or possible loss of life.

"Out-of-State business." A business entity whose services are requested by a registered business, the Commonwealth or a political subdivision of the Commonwealth for purposes of performing disaster emergency-related work in this Commonwealth.

The term includes a business entity that is affiliated with a registered business in this Commonwealth solely through common ownership. The out-of-State business may not have any of the following:

(1) A presence in this Commonwealth, excluding prior disaster emergency-related work performed under section 7308(b)(1) (relating to laws suspended during emergency assignments).

(2) Any registration, tax filing or nexus in this Commonwealth within the past three calendar years.

"Out-of-State employee." An employee who does not work in this Commonwealth, unless the employee is performing disaster emergency-related work during a period under section 7308(b)(1).

"Person." An individual, corporation, association, partnership, limited liability company, business trust, government entity, including the Commonwealth, foundation, public utility, trust or estate.

"Political subdivision." Any county, city, borough, incorporated town or township.

"Registered business." Any business entity that is registered to do business in this Commonwealth prior to a declared disaster or emergency.

"Resource shortage." The absence, unavailability or reduced supply of any raw or processed natural resource, or any commodities, goods or services of any kind which bear a substantial relationship to the health, safety, welfare and economic well-being of the citizens of this Commonwealth.

"War-caused disaster." Any condition following an attack upon the United States resulting in substantial damage to property or injury to persons in the United States caused by use of bombs, missiles, shellfire, nuclear, radiological, chemical or biological means, or other weapons or overt paramilitary actions, or other conditions such as sabotage. (May 31, 1996, 2nd Sp.Sess., P.L.1762, No.2, eff. imd.; July 13, 2004, P.L.689, No.73, eff. 60 days; Oct. 31, 2014, P.L.3044, No.203, eff. 60 days; July 23, 2020, P.L.670, No.69, eff. imd.) 2020 Amendment. Act 69 amended the def. of "person." 2014 Amendment. Act 203 added the defs. of "disaster emergency-related work," "infrastructure," "out-of-State business," "out-of-State employee" and "registered business." Section 3 of Act 203 provided that the additions of the defs. shall apply to a disaster or emergency that is declared on or after the effective date of section 3. 2004 Amendment. Act 73 added the def. of "custodial child care facility." References in Text. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in the definition of "custodial child care facility," was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code. Cross References. Section 7102 is referred to in section 7202 of this title; section 2302 of Title 12 (Commerce and Trade); section 15348 of Title 16 (Counties).
35 Pa.C.S. § 7923 — PA Code / Title 35 / Chapter 79 / Section 7923
Application for and issuance of grant.
Status: in_force

(a) Application.--The procedure for applying for a grant under this subchapter shall be as follows:

(1) A political subdivision or municipal authority must apply for a grant on a form furnished by the agency, setting forth the facts establishing eligibility and certifying that if approved all funds received will be used for purposes approved by the agency. An application under this paragraph is subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). The application must be submitted within 60 days following the declaration of a disaster emergency.

(2) The agency shall investigate the application to determine eligibility.

(3) Within 30 days of receipt of the application, the agency shall make an eligibility determination. An eligibility determination under this paragraph is a final order of the agency subject to review under 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).

(b) Issuance.--For each political subdivision or municipal authority determined to be eligible under subsection (a)(3), the agency shall verify the adjusted loss. The maximum grant allowed under the program is 50% of the adjusted loss.
35 Pa.C.S. § 7424 — PA Code / Title 35 / Chapter 74 / Section 7424
Prohibition on discrimination.
Status: in_force

No employer shall discriminate against an employee because the employee has been injured in the line of duty as a volunteer fireman, a volunteer member of the fire police or a volunteer member of an ambulance service or rescue squad, nor shall an employer discriminate against an employee injured in the line of duty as a volunteer fireman, a volunteer member of the fire police or a volunteer member of an ambulance service or rescue squad who subsequently returns to work after receiving workers' compensation benefits under the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act.
35 Pa.C.S. § 7514 — PA Code / Title 35 / Chapter 75 / Section 7514
Payments involving one political subdivision.
Status: in_force

(a) General rule.--All bills or claims to be paid from any appropriation made by a political subdivision coterminous with the local organization, after first being approved by the local organization or an appropriate officer thereof designated for that purpose, shall be paid from the treasury of the political subdivision only upon the warrant or order of the officer or officers of the political subdivision designated by law to approve or countersign warrants or orders for the payment of the ordinary expenses of the political subdivision, and shall be subject to audit in the same manner as other financial transactions of the political subdivision. In each case, the officer or officers shall have the same power to approve or disapprove as they have in case of warrants for ordinary expenses of the political subdivision, and no warrant or order for the payment thereof shall be issued without the approval.

(b) Gift or grant of money.--Any gift or grant of money made to the local organization or to the political subdivision for the payment of expenses incurred or to be incurred by or for the organization shall be deposited in the treasury of the political subdivision and shall be appropriated by the political subdivision for the purpose for which the gift or grant was made, and any bills or claims to be paid from the gift or grant shall be paid in the manner provided in this subchapter for the payment of other bills and claims against the political subdivision. Cross References. Section 7514 is referred to in section 7515 of this title.
35 Pa.C.S. § 7378.3 — PA Code / Title 35 / Chapter 73 / Section 7378.3
Reimbursement procedure and amount.
Status: in_force

The following shall apply:

(1) A contract between the Secretary of General Services or the Secretary of Transportation and a local fire company or emergency medical services company shall provide that the Department of General Services or the Department of Transportation shall, monthly, upon receipt of proper proof, reimburse each contracted fire company or emergency medical services company attending and providing fire control or other allied services on State-owned property or limited access highways, as the case may be, a minimum amount of $50 for each verified fire or emergency call and the cost of any special extinguishing agents utilized, which the fire company or emergency medical services company made in the preceding month as certified by the person in charge at the particular State-owned property or by an individual or individuals

designated by the Secretary of Transportation to verify services rendered on limited access highways.

(2) A contract between the Department of General Services or the Department of Transportation and an emergency medical services company shall also provide that the emergency medical services company request reimbursement from collectible insurance proceeds available as a result of the fire or emergency situation for which the emergency medical services company provided allied services. Proceeds payable to the emergency medical services company shall be deducted from the reimbursement for services provided pursuant to a contract entered into under this subchapter. Prior to payment for services rendered, the emergency medical services company shall provide proof that they requested reimbursement from collectible insurance proceeds.

(3) A false alarm on State-owned property to which a fire company or emergency medical services company responds shall constitute a fire or emergency call and shall be reimbursed at a rate set by the contract with the Secretary of General Services, but shall not be less than $25 for each occurrence. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days)
35 Pa.C.S. § 7216 — PA Code / Title 35 / Chapter 72 / Section 7216
Grant program.
Status: in_force

(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. Cross References. Section 7216 is referred to in section 7214 of this title.
35 Pa.C.S. § 5398 — PA Code / Title 35 / Chapter 53 / Section 5398
Termination (Repealed).
Status: repealed

2023 Repeal. Section 5398 was repealed December 13, 2023, P.L.251, No.34, effective immediately.
35 Pa.C.S. § 5311.21 — PA Code / Title 35 / Chapter 53 / Section 5311.21
Industry standards.
Status: in_force

Local exchange carriers and providers shall be responsible for providing 911 call interconnectivity through the use of generally accepted industry standards. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015) 2015 Amendment. Act 12 added section 5311.21.
35 Pa.C.S. § 3303 — PA Code / Title 35 / Chapter 33 / Section 3303
Health Care Cost Containment Council.
Status: in_force

(a) Establishment.--The Health Care Cost Containment Council is established as an independent council.

(b) Composition.--The council shall consist of voting members, composed of and appointed in accordance with the following:

(1) The Secretary of Health.

(2) The Secretary of Human Services.

(3) The Insurance Commissioner.

(4) Six representatives of the business community, at least one of whom represents small business, who are purchasers of health care, none of which is primarily involved in the provision of health care or health insurance, three of which shall be appointed by the President pro tempore of the Senate and three of which shall be appointed by the Speaker of the House of Representatives from a list of 12 qualified persons recommended by the Pennsylvania Chamber of Business and Industry. Three nominees shall be representatives of small business.

(5) Six representatives of organized labor, three of which shall be appointed by the President pro tempore of the Senate and three of which shall be appointed by the Speaker

of the House of Representatives from a list of 12 qualified persons recommended by the Pennsylvania AFL-CIO.

(6) One representative of consumers who is not primarily involved in the provision of health care or health care insurance, appointed by the Governor from a list of three qualified persons recommended jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives.

(7) Two representatives of hospitals, appointed by the Governor from a list of five qualified hospital representatives recommended by the Hospital and Health System Association of Pennsylvania one of whom shall be a representative of rural hospitals. Each representative under this paragraph may appoint two additional delegates to act for the representative only at meetings of committees, as provided for in subsection (f).

(8) Two representatives of physicians, appointed by the Governor from a list of five qualified physician representatives recommended jointly by the Pennsylvania Medical Society and the Pennsylvania Osteopathic Medical Society. The representative under this paragraph may appoint two additional delegates to act for the representative only at meetings of committees, as provided for in subsection

(f).

(8.1) An individual appointed by the Governor who has expertise in the application of continuous quality improvement methods in hospitals.

(8.2) One representative of nurses, appointed by the Governor from a list of three qualified representatives recommended by the Pennsylvania State Nurses Association.

(9) One representative of the Blue Cross and Blue Shield plans of Pennsylvania, appointed by the Governor from a list of three qualified persons recommended jointly by the Blue Cross and Blue Shield plans of Pennsylvania.

(10) One representative of commercial insurance carriers, appointed by the Governor from a list of three qualified persons recommended by the Insurance Federation of Pennsylvania, Inc.

(11) Two individuals appointed by the Governor who have expertise in health economics and outcomes research.

(12) Representatives from the General Assembly as follows:

(i) One Senator appointed by the President pro tempore of the Senate.

(ii) One Senator appointed by the Minority Leader of the Senate.

(iii) One member of the House of Representatives appointed by the Speaker of the House of Representatives.

(iv) One member of the House of Representatives appointed by the Minority Leader of the House of Representatives.

(13) In the case of each appointment to be made from a list supplied by a specified organization, it is incumbent upon that organization to consult with and provide a list which reflects the input of other equivalent organizations representing similar interests. Each appointing authority will have the discretion to request additions to the list originally submitted. Additional names will be provided not later than 15 days after such request. Appointments shall be made by the appointing authority no later than 90 days after receipt of the original list. If, for any reason, any specified organization supplying a list should cease to

exist, then the respective appointing authority shall specify an equivalent organization to fulfill the responsibilities set forth in this chapter.

(c) Chairperson and vice chairperson.--The members shall annually elect, by a majority vote of the members, a chairperson and a vice chairperson of the council from the business and labor members of the council.

(d) Quorum.--The council shall establish in the council's bylaws the number of members necessary to constitute a quorum.

(e) Meetings.--All meetings of the council shall be advertised and conducted under 65 Pa.C.S. Ch. 7 (relating to open meetings), unless otherwise provided in this section. The following apply:

(1) The council shall meet at least once every two months and may provide for special meetings as it deems necessary. Meeting dates shall be set by a majority vote of the members of the council or by the call of the chairperson upon seven days' notice to council members. Attendance at the meeting may be accomplished by electronic means so long as each council member attending via electronic means can communicate in real time with the other members of the council and the public.

(2) All meetings of the council shall be publicly advertised, as provided for in this subsection, and shall be open to the public, except that the council, through its bylaws, may provide for executive sessions of the council on subjects permitted to be discussed in such sessions under 65 Pa.C.S. Ch. 7. No act of the council shall be taken in an executive session.

(3) The council shall publish a schedule of its meetings in the Pennsylvania Bulletin, on its publicly accessible Internet website and as provided under 65 Pa.C.S. Ch. 7. The notice shall be published at least once in each calendar quarter and shall list the schedule of meetings of the council to be held in the subsequent calendar quarter. The notice shall specify the date, time and place of the meeting and shall state that the council's meetings are open to the general public, except that no notice shall be required for executive sessions of the council.

(4) All action taken by the council shall be taken in open public session, and action of the council shall not be taken except upon the affirmative vote of a majority of the members of the council present during meetings at which a quorum is present.

(f) Bylaws.--The council shall adopt bylaws, not inconsistent with this chapter, and may appoint such committees or elect such officers subordinate to those provided for in subsection (c) as it deems advisable.

(g) Technical advisory group.--

(1) The council shall appoint a technical advisory group which shall, on an ad hoc basis, respond to issues presented to it by the council or committees of the council and shall make recommendations to the council. The technical advisory group shall include:

(i) Physicians.

(ii) Researchers.

(iii) Biostatisticians.

(iv) One representative of the Hospital and Healthsystem Association of Pennsylvania.

(v) One representative of the Pennsylvania Medical Society.

(2) The Hospital and Healthsystem Association of Pennsylvania and the Pennsylvania Medical Society representatives shall not be subject to executive committee approval. In appointing other physicians, researchers and biostatisticians to the technical advisory group, the council shall consult with and take nominations from the representatives of:

(i) the Hospital Association of Pennsylvania;

(ii) the Pennsylvania Medical Society;

(iii) the Pennsylvania Osteopathic Medical Society; or

(iv) other like organizations.

(3) At its discretion and in accordance with this section, nominations shall be approved by the executive committee of the council. If the subject matter of any project exceeds the expertise of the technical advisory group, physicians in appropriate specialties who possess current knowledge of the issue under study may be consulted. The technical advisory group shall also review the availability and reliability of severity of illness measurements as they relate to small hospitals and psychiatric, rehabilitation and children's hospitals and shall make recommendations to the council based upon this review. Meetings of the technical advisory group shall be open to the general public.

(h) Payment data advisory group.--

(1) In order to assure the technical appropriateness and accuracy of payment data, the council shall establish a payment data advisory group to produce recommendations surrounding the collection of payment data, the analysis and manipulation of payment data and the public reporting of payment data. The payment data advisory group shall include technical experts and individuals knowledgeable in payment systems and claims data. The advisory group shall consist of the following members appointed by the council:

(i) One member representing each plan under 40 Pa.C.S. Chs. 61 (relating to hospital plan corporations) and 63 (relating to professional health services plan corporations).

(ii) Two members representing commercial insurance carriers.

(iii) Three members representing health care facilities.

(iv) Three members representing physicians.

(2) The payment data advisory group shall meet at least four times a year and may provide for special meetings as may be necessary.

(3) The payment data advisory group shall review and concur with the technical appropriateness of the use and presentation of data and report its findings to the council prior to any vote to publicly release reports. If the council elects to release a report without addressing the technical concerns of the advisory group, it shall prominently disclose this in the public report and include the comments of the advisory group in the public report.

(4) The payment data advisory group shall exercise all powers necessary and appropriate to carry out its duties, including advising the council on the following:

(i) Collection of payment data by the council.

(ii) Manipulation, adjustments and methods used with payment data.

(iii) Public reporting of payment data by the council.

(i) Compensation and expenses.--The members of the council and any member of an advisory group appointed by the council shall not receive a salary or per diem allowance for serving as members or advisors of the council, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties. The expenses may include reimbursement of travel and living expenses while engaged in council business.

(j) Terms of council members.--

(1) The terms of the Secretary of Health, the Secretary of Human Services, the Insurance Commissioner and the legislative representatives shall be concurrent with their holding of public office. The council members under subsection (b)(4), (5), (6), (7), (8), (8.1), (8.2), (9),

(10), (11) and (12) shall each serve for a term of four years and shall continue to serve thereafter until their successors are appointed.

(2) Vacancies on the council shall be filled in the manner designated under subsection (b), within 60 days of the vacancy, except that, when vacancies occur among the representatives of business or organized labor, two nominations shall be submitted by the organization specified in subsection (b) for each vacancy on the council. If the officer required in subsection (b) to make appointments to the council fails to act within 60 days of the vacancy, the council chairperson may appoint one of the persons recommended for the vacancy until the appointing authority makes the appointment.

(3) Except for the Secretary of Health, the Secretary of Human Services, the Insurance Commissioner and the legislative representatives, a member may be removed for just cause by the appointing authority after recommendation by a vote of at least 14 members of the council.

(4) No appointed member under subsection (b)(4), (5),

(6), (7), (8), (8.1), (8.2), (9), (10), (11) and (12) shall be eligible to serve more than three full consecutive terms of four years beginning on the effective date of this paragraph.

(k) Subsequent appointments.--Submission of lists of recommended persons and appointments of council members for succeeding terms shall be made in the same manner as prescribed in subsection (b), except that:

(1) Organizations required under subsection (b) to submit lists of recommended persons shall do so at least 60 days prior to expiration of the council members' terms.

(2) The officer required under subsection (b) to make appointments to the council shall make the appointments at least 30 days prior to expiration of the council members' terms. If the appointments are not made within the specified time, the council chairperson may make interim appointments from the lists of recommended individuals. An interim appointment shall be valid only until the appropriate officer under subsection (b) makes the required appointment. Whether the appointment is by the required officer or by the chairperson of the council, the appointment shall become effective immediately upon expiration of the incumbent member's term. Special Provisions in Appendix. See section 2(2) of Act 15 of 2020 in the appendix to this title for special provisions relating to applicability.

Cross References. Section 3303 is referred to in sections 3304, 3314 of this title.
35 Pa.C.S. § 8158 — PA Code / Title 35 / Chapter 81 / Section 8158
Injured police animals.
Status: in_force

(a) Transportation.--An emergency response provider may transport a police animal injured in the line of duty to a veterinary clinic, hospital emergency department or similar facility if there is no individual requiring immediate medical attention or transport at that time.

(b) Emergency medical care.--An emergency response provider may provide emergency medical care to a police animal injured in the line of duty while at the scene of the emergency or while the police animal is being transported to a veterinary clinic, hospital emergency department or similar facility.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Police animal." As defined in 18 Pa.C.S. § 5531 (relating to definitions). (July 11, 2022, P.L.719, No.60, eff. 60 days) 2022 Amendment. Act 60 added section 8158. APPENDIX TO TITLE 35 HEALTH AND SAFETY ------- Supplementary Provisions of Amendatory Statutes ------- 1978, NOVEMBER 26, P.L.1332, NO.323 § 2. Transfers. All personnel, allocations, appropriations, equipment, files, records, contracts, agreements, obligations, and other material which are used, employed or expended in connection with the powers, duties or functions of the State Council of Civil Defense are hereby transferred to the Pennsylvania Emergency Management Agency with the same force and effect as if the appropriations had been made to and the items had been the property of the Pennsylvania Emergency Management Agency in the first instance and as if the contracts, agreements and obligations had been incurred or entered into by the Pennsylvania Emergency Management Agency. Explanatory Note. Act 323 added Part V of Title 35. 1988, JULY 13, P.L.501, NO.87
35 Pa.C.S. § 7431 — PA Code / Title 35 / Chapter 74 / Section 7431
Scope of subchapter.
Status: in_force

This subchapter applies to a volunteer fire company in any city, borough, town, township or home rule municipality. Cross References. Section 7431 is referred to in section 7433 of this title.
35 Pa.C.S. § 5201 — PA Code / Title 35 / Chapter 52 / Section 5201
Scope of chapter.
Status: in_force

This chapter relates to patient voluntary nonopioid directives.
35 Pa.C.S. § 8114 — PA Code / Title 35 / Chapter 81 / Section 8114
Emergency medical responders.
Status: in_force

(a) Scope of practice.--An EMR performs for an EMS agency BLS skills involving basic interventions with minimum EMS equipment as follows:

(1) As a member of a QRS to stabilize and improve a patient's condition in an out-of-hospital emergency until a higher-level EMS provider arrives at the scene and then may assist that EMS provider.

(2) As a member of the crew of an ambulance.

(3) In another capacity as authorized by the department by regulation.

(b) Certification.--The department shall certify as an EMR an individual who meets all of the following:

(1) Is at least 16 years of age.

(2) Has successfully completed an EMR training course approved by the department.

(3) Has a current certificate evidencing successful completion of a CPR course acceptable to the department.

(4) Has passed an EMR skills practical examination approved by the department.

(5) Has passed a written EMR certification examination approved by the department.

(c) Triennial registration.--An EMR's certification is deemed registered for three years after issuance. An EMR must register the EMR certification at three-year intervals by completing an application for triennial registration on a form or through an electronic process, as prescribed by the department. The following shall apply:

(1) The department shall issue a triennial registration of an EMR certification to an EMR who meets all of the following:

(i) Has a current registration and applies for a new registration no later than:

(A) 30 days before the current registration is to expire; or

(B) a lesser time established by regulation of the department.

(ii) Successfully:

(A) completes EMR triennial registration practical skills and written knowledge examinations approved by the department; or

(B) secures continuing education credits for EMR triennial registration as required by the department in continuing education programs approved by the department.

(2) An EMR whose registration of an EMR certification has expired must qualify for a triennial registration of the certification as prescribed by regulation of the department.

(d) Transition for first responders.--An individual who is certified as a first responder on the effective date of this section shall be considered to be an EMR with a current registration and shall be subject to the triennial registration requirements of an EMR. The registration of the EMR certification shall expire on the same date the first responder certification would have expired if the first responder certification remained in effect.

(e) Transition for ambulance attendants.--An individual who is an ambulance attendant on the effective date of this section shall be considered to be an EMR with a current registration and shall be subject to the triennial registration requirements of an EMR. The registration of the EMR certification shall expire on the same date that the person's qualifications as an ambulance attendant expire and would have needed to be renewed. Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8114 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
35 Pa.C.S. § 7708 — PA Code / Title 35 / Chapter 77 / Section 7708
Fire force disbanded in favor of volunteers.
Status: in_force

(a) General rule.--No county, city, borough, town or township which has paid employes on its fire force, including, but not limited to, fire apparatus operators, except by referendum, shall disband such fire force in favor of having such services performed by volunteers.

(b) Question.--The following shall apply:

(1) Whenever authorized by ordinance of the governing body or upon petition of the registered voters of any municipality to the county board of electors of the county wherein the municipality is located, an election shall be held in the municipality upon the following question: Shall the (county, city, borough, town or township) disband the paid fire force in favor of having fire protection services performed by volunteers? The petition calling for such election shall be in the form required by this section and shall be signed by electors of the municipality comprising 20% of the number of electors registered to vote in the municipality. Within five days after the final enactment of an ordinance authorizing such election, the municipal clerk or secretary shall file a

certified copy of the ordinance with the county board of elections, together with a copy of the question to be submitted to the electors. At the next municipal or general or primary election occurring not less than the 13th Tuesday after the filing of the ordinance or the petition with the county election board, it shall cause the question in paragraph (1) to be submitted to the electors of the municipality as other questions are submitted under the provisions of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.

(2) A referendum petition under this section shall be filed not later than the 13th Tuesday prior to the election, and the petition and the proceedings therein shall be in the manner and subject to the provisions of the election laws which relate to the signing, filing and adjudication of nomination petitions insofar as such provisions are applicable, except that no petition shall be signed or circulated prior to the 20th Tuesday before the election nor later than the 13th Tuesday before the election.

(3) A city of the third class may conduct a referendum under this section or, at the option of city council, under
35 Pa.C.S. § 7843 — PA Code / Title 35 / Chapter 78 / Section 7843
Funding and costs.
Status: in_force

(a) Appropriation.--The sum of $25,000,000 of Federal funds in the COVID-19 Response Restricted Account is appropriated to the Pennsylvania Emergency Management Agency for the Emergency Medical Services COVID-19 Recovery Grant Program under this subchapter. The provisions of section 111-C(g) of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, shall not apply to the amount appropriated under this section.

(b) Administrative costs.--The Office of the State Fire Commissioner may use up to $200,000 of unencumbered funds from the amount appropriated under subsection (a) for administrative costs for the implementation of this subchapter. 2022 Amendment. Act 10 renumbered former section 7843 to 7895 and added present section 7843. Cross References. Section 7843 is referred to in section 7842 of this title.
35 Pa.C.S. § 5311.18 — PA Code / Title 35 / Chapter 53 / Section 5311.18
Temporary residence (Repealed).
Status: repealed

2024 Repeal. Section 5311.18 was repealed November 18, 2024, P.L.1186, No.147, effective immediately.
35 Pa.C.S. § 7512 — PA Code / Title 35 / Chapter 75 / Section 7512
Law applicable to local organizations.
Status: in_force

(a) General rule.--Where the jurisdiction of the local organization is coterminous with the political subdivision making an appropriation for the payment of the expenses, the local organization shall be deemed an agency, board or commission of the political subdivision, subject to all of the laws governing the making of contracts or purchases, the employment of persons or otherwise incurring financial obligations which apply to the political subdivision.

(b) Second class townships.--No purchase or purchases shall be made, no contract entered into and no expenses incurred by any local organization which involves the payment of more than $25 out of the treasury of any second class township unless the proposed expenditure has been approved in writing by the township supervisors. If any purchase or contract is made or other expenses incurred contrary to the provisions of this subsection, the township shall not be responsible for the payment thereof but the person acting for the local organization in the transaction shall be personally liable for the payment.
35 Pa.C.S. § 8122 — PA Code / Title 35 / Chapter 81 / Section 8122
Emergency medical services vehicle operators.
Status: in_force

(a) Certification.--An EMS vehicle operator certification shall be permanent, subject to disciplinary action under this section. The department shall certify as an EMS vehicle operator a person who meets all of the following:

(1) Completes an application for an EMS vehicle operator certification on a form or through an electronic application process, as prescribed by the department.

(2) Is at least 18 years of age.

(3) Has a current license to operate the vehicle.

(4) Is not addicted to alcohol or drugs.

(5) Is free from physical or mental defect or disease that may impair the person's ability to drive an EMS vehicle.

(6) Has successfully completed an emergency vehicle operator's course of instruction approved by the department.

(7) Has not:

(i) Been convicted within the last four years prior to the date of application of driving under the influence of alcohol or drugs.

(ii) Within the last two years prior to the date of application, been convicted of reckless driving or had a driver's license suspended due to use of drugs or alcohol or a moving traffic violation.

(8) Has successfully completed an emergency vehicle operator's course of instruction approved by the department following a disqualification from certification under paragraph (7), regardless of whether the person successfully completed the course previously.

(b) Registration.--An EMS vehicle operator, other than an EMS vehicle operator who operates a vehicle exclusively for a QRS, shall register the EMS vehicle operator's certification. An EMS vehicle operator who operates an EMS vehicle exclusively for a QRS shall have no registration requirements. Except as otherwise provided in this subsection, an EMS vehicle operator's certification shall be deemed registered for three years after issuance. An EMS vehicle operator may not operate a ground EMS vehicle unless the certification is currently registered. The following shall apply:

(1) The department shall issue a registration of an EMS vehicle operator's certification to an EMS vehicle operator who meets all of the following:

(i) Completes an application for registration on a form or through an electronic application process, as prescribed by the department.

(ii) Has a current registration and applies for a new registration no later than 30 days before the current registration is to expire or within a lesser time period as the department may establish by regulation.

(iii) Has a current license to operate the vehicle.

(iv) Successfully completes continuing education credits for EMS vehicle operators as required by the department in continuing education programs approved by the department.

(2) If a person who is issued an EMS vehicle operator's certification also has an EMS provider's certification, the registration of the EMS vehicle operator's certification shall expire at the same time as the registration of the EMS provider's certification. If the person does not maintain current registration of the EMS provider's certification, the registration of the EMS vehicle operator's certification shall continue on the same renewal cycle. If an EMS vehicle operator who is an EMS provider becomes certified as a higher-level EMS provider, the registration of the EMS vehicle operator's certification shall expire at the same time as the registration of the higher-level EMS provider's certification.

(3) If an EMS provider's certification is subject to a biennial registration cycle, the continuing education requirements for the registration of the EMS vehicle operator's certification following the initial registration of the certification shall be prorated based upon the month in which the EMS provider became certified, with any fractional requirement rounded down.

(4) An EMS vehicle operator whose registration of an EMS vehicle operator's certification has expired shall qualify for a biennial registration of the certification as prescribed by regulation of the department.

(c) Transition for EMS vehicle operators.--An individual who served as an EMS vehicle operator prior to the effective date of this section and who satisfies the EMS vehicle operator's certification requirements under subsection (a) may serve as an EMS vehicle operator for 90 days after the effective date of this section without having secured a certification as an EMS vehicle operator.

(d) Grounds for discipline.--The department may suspend or revoke or, as applicable, refuse to issue an EMS vehicle operator's certification for any of the following reasons:

(1) Lack of physical or mental ability to operate an EMS vehicle.

(2) Deceptive or fraudulent procurement or representation of certification or registration credentials or for making misleading, deceptive or untrue representations to secure a certification or registration.

(3) The operation of an emergency vehicle in a reckless manner or while under the influence of alcohol, illegal drugs or the knowing abuse of legal drugs.

(4) Having a driver's license suspended due to use of alcohol or drugs or a moving traffic violation.

(5) Conviction of a felony or crime involving moral turpitude. For the purposes of this paragraph, a conviction includes a judgment of guilt, a plea of guilty or a plea of nolo contendere.

(6) Failing to perform a duty imposed upon an EMS vehicle operator under this chapter or a related regulation.

(7) Other reasons as determined by the department which pose a threat to the health and safety of the public.

(e) Suspension of certification.--If the department suspends a certification, it may also impose conditions for the lifting of the suspension, including requiring the person to successfully repeat an emergency vehicle operator's course approved by the department.

(f) Reporting responsibilities and automatic suspension.--An EMS vehicle operator shall report to the department within 30 days a suspension of that person's driver's license or a conviction of reckless driving, a felony, a misdemeanor or any other crime that is not a summary offense or equivalent. For a conviction of driving under the influence of alcohol or drugs or reckless driving or for suspension of a driver's license, the certification shall automatically be suspended for the periods of time specified in subsection (a)(7).

(g) Change of address.--

(1) An EMS vehicle operator and an applicant for an EMS vehicle operator's certification shall ensure that the department has the current address at which the person can be reached by mail at all times.

(2) Neither an EMS vehicle operator's home address, telephone number nor any other residential contact information provided to the department shall be deemed a public record. Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8122 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093. Cross References. Section 8122 is referred to in section 8123 of this title.
35 Pa.C.S. § 8137 — PA Code / Title 35 / Chapter 81 / Section 8137
First aid and other services.
Status: in_force

(a) Purpose.--An EMS agency may provide EMS at industrial sites, amusement parks or other locations in need of the service. No ambulance or other EMS vehicle shall be required for this purpose.

(b) Staffing.--The minimum staffing requirement is one EMS provider.

(c) Other requirements.--As assigned by the EMS agency, the EMS provider may provide EMS and other medical safety services up to the level for which the EMS provider has the credentials to provide EMS for the EMS agency.

(c.1) Blood draw services.--A paramedic may provide assistance to law enforcement upon request to perform a legal blood draw on behalf of the agency from persons suspected of violating 75 Pa.C.S. § 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked), 3735 (relating to homicide by vehicle while driving under influence), 3735.1 (relating to aggravated assault by vehicle while driving under the influence), 3802 (relating to driving under influence of alcohol or controlled substance) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock). Services provided under this subsection shall be considered to be within the paramedic's scope of practice. An agency vehicle may be utilized to provide the services under this subsection if the agency has implemented policies to ensure that EMS will not be unavailable when an ambulance is needed for a 911 dispatch. An agency may enter into an agreement with

law enforcement to provide blood draw services under this subsection. A paramedic performing a legal blood draw service within the paramedic's scope of practice under this section shall maintain the same liability protections provided for under this chapter. It shall be permissible for a court to allow a law enforcement officer who witnessed the blood draw to testify as to the chain of custody in place of the paramedic who drew the blood.

(d) Protocols.--An EMS provider shall follow protocols approved by the department when providing EMS or any other services under this section. (Nov. 3, 2016, P.L.1094, No.142) 2016 Amendment. Act 142 amended the entire section, effective in 90 days as to the addition of subsec. (c.1) and immediately as to the remainder of the section. Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8137 shall take effect 180 days after the publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
35 Pa.C.S. § 79B22 — PA Code / Title 35 / Chapter 79 / Section 79B22
Regulations.
Status: in_force

The agency shall promulgate regulations and establish rules or guidelines to administer this subchapter. Cross References. Section 79B22 is referred to in section 79B12 of this title.
35 Pa.C.S. § 8127 — PA Code / Title 35 / Chapter 81 / Section 8127
Medical command facilities.
Status: in_force

(a) Certification required.--To operate as a medical command facility, a medical unit must be certified by the department as a medical command facility. The department shall issue a certification to each medical unit that operated as a medical

command facility immediately prior to the effective date of this section.

(b) Application.--Application for certification shall be on a form or through an electronic application process prescribed by the department. The application shall solicit information necessary to determine that the applicant meets the certification requirements of this chapter.

(c) Requirements.--An applicant shall establish that the applicant:

(1) Is a distinct medical unit operated by a hospital or consortium of hospitals.

(2) Possesses the necessary equipment and personnel for providing medical command to and control over EMS providers.

(3) Employs a medical command facility medical director.

(4) Has taken measures necessary to ensure that a medical command physician is available to provide medical command at all times.

(5) Meets the communication, recordkeeping and other requirements of the department.

(d) Additional requirements.--In addition to the requirements of subsection (c), the department may establish by regulation requirements for a medical command facility to ensure that it operates in an effective and efficient manner to achieve the purposes for which it is certified.

(e) Triennial registration.--A medical command facility's certification is deemed registered for three years after issuance. A medical command facility must register its certification at three-year intervals by completing an application for triennial registration on a form or through an electronic application process prescribed by the department. The department shall grant or deny recertification within 30 days of receipt of the application.

(f) Inspections and inquiries.--The department shall conduct an inspection of the medical unit of each applicant and also inspect existing medical command facilities from time to time as appropriate but not less than once every three years. The department shall have full and free access to examine the medical command facility and its records relating to its operation as a medical command facility. The medical command facility shall fully respond to any inquiry by the department relevant to the determination of whether the facility meets certification and operational requirements.

(g) Grounds for discipline.--The department may discipline a medical command facility for the following reasons:

(1) Violating a requirement of this section.

(2) Violating a certification requirement or an operational requirement imposed under subsection (d).

(3) Refusing to permit an inspection or respond to an inquiry under subsection (f).

(4) Failing to comply, without just cause, with a medical treatment, transport or transfer protocol approved by the department.

(h) Types of discipline.--When the department is empowered to discipline a medical command facility, the department may do one or more of the following:

(1) Deny the application for a certification.

(2) Issue a public reprimand.

(3) Revoke, suspend, limit or otherwise restrict or condition the certification.

(4) Impose a civil money penalty of up to $5,000 for each act that presents a basis for discipline.

(5) Stay enforcement of any suspension, revocation or other discipline and place the facility on probation with the right to vacate the probationary order for noncompliance.
35 Pa.C.S. § 7378.1 — PA Code / Title 35 / Chapter 73 / Section 7378.1
Referendum for additional indebtedness.
Status: in_force

The following shall apply:

(1) The question of incurring indebtedness of $25,000,000 for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house firefighting apparatus equipment, ambulances and rescue vehicles, and for purchasing firefighting apparatus equipment, ambulances and rescue vehicles, protective and

communications equipment and any other accessory equipment necessary for the proper performance of such organizations' duties, shall be submitted to the electors at the next primary, municipal or general election held after July 15, 1976.

(2) The Secretary of the Commonwealth shall forthwith certify the question to the county boards of election.

(3) The question shall be in substantially the following form: Do you favor the incurring of indebtedness of $25,000,000 for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads for the purpose of establishing or modernizing facilities to house firefighting apparatus equipment, ambulances and rescue vehicles, and for purchasing firefighting apparatus equipment, ambulances and rescue vehicles, protective and communications equipment, and any other accessory equipment necessary for the proper performance of such organizations' duties?

(4) The election shall be conducted in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, except that the time limits for advertisement of notice of the election may be waived as to the question.

(5) Proceeds of borrowing shall be used through loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads pursuant to and for any purpose established by this subchapter. Cross References. Section 7378.1 is referred to in section 7378.4 of this title.
35 Pa.C.S. § 5604 — PA Code / Title 35 / Chapter 56 / Section 5604
Expiration.
Status: in_force

This chapter shall expire July 1, 2029. (Nov. 3, 2022, P.L.1674, No.104, eff. imd.)
35 Pa.C.S. § 5311.15 — PA Code / Title 35 / Chapter 53 / Section 5311.15
MLTS service.
Status: in_force

A person engaged in the business of installing, managing or operating multiline telephone systems in this Commonwealth shall meet the requirements provided in 47 CFR 9.15 (relating to applicability), 9.16 (relating to general obligations-direct 911 dialing, notification, and dispatchable location) and 9.17 (relating to enforcement, compliance date, State law) and any other applicable Federal law. The requirements apply to any multiline telephone system that is manufactured, imported, offered for first sale or lease, first sold or leased or installed after February 16, 2020. The agency shall create a mechanism for members of the public to report violations of this section and shall forward reports the agency receives to the appropriate Federal authorities. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015; Nov. 18, 2024, P.L.1186, No.147, eff. imd.)
35 Pa.C.S. § 3317 — PA Code / Title 35 / Chapter 33 / Section 3317
Expiration.
Status: in_force

This chapter shall expire 10 years after the effective date of this section.
35 Pa.C.S. § 7203 — PA Code / Title 35 / Chapter 72 / Section 7203
Joint State Government Commission study.
Status: in_force

(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.
35 Pa.C.S. § 7823 — PA Code / Title 35 / Chapter 78 / Section 7823
Award of grants.
Status: in_force

(a) Authorization.--The commissioner is authorized to make a grant award to each eligible EMS company for the following:

(1) Construction and renovation of the EMS company's facilities and purchase or repair of fixtures, furnishings, office equipment and support services necessary to maintain or improve the capability of the services to provide ambulance, emergency medical, basic life support and advanced life support services.

(2) Repair of ambulance equipment or purchase thereof.

(3) Debt reduction associated with paragraph (1) or

(2).

(4) Training and certification of members.

(5) Education of the general public regarding community risk reduction programs.

(6) Recruitment and retention programs, including, but not limited to, programs for minors.

(7) Revenue loss for grants issued in 2021 and 2022.

(b) Limits.--

(1) Grants shall be not less than $2,500 and not more than $15,000 per EMS company.

(2) Grants may be awarded on a pro rata basis if the total dollar amount of the approved application exceeds the amount of funds appropriated by the General Assembly for this purpose.

(3) If two or more EMS companies consolidated their use of equipment, personnel and services within 20 years preceding the date of the current year application submission deadline, the consolidated entity shall be deemed eligible to receive a grant not to exceed the amount of the combined total for which the individual companies would have been eligible had they not consolidated.

(4) In a municipality where one volunteer fire company and one EMS company consolidate their use of equipment, personnel and services within 20 years preceding the date of the current year application submission deadline, the consolidated entity shall be deemed eligible to receive a grant not to exceed the amount of the combined total for which the individual companies would have been eligible had they not consolidated.

(b.1) Eligibility.--To receive grant funds under this chapter, an EMS company must be designated by a municipality as the municipality's primary EMS provider.

(c) Time for filing application and department action.--

(1) By September 8 of each year, the commissioner shall provide applications and written instructions for grants under this chapter to the president or lead officer of every EMS company in this Commonwealth.

(2)

(i) EMS companies seeking grants under this chapter shall submit completed applications to the commissioner.

(ii) Except as provided under subparagraph (iii):

(A) The application period shall remain open for 45 days each year.

(B) The commissioner shall act to approve or disapprove applications within 60 days of the application submission deadline each year.

(C) Applications which have not been approved or disapproved by the commissioner within 60 days after the close of the application period each year shall be deemed approved.

(iii) Upon request by an EMS company, the commissioner may extend the application period under subparagraph (ii)(A) for up to 45 additional days if the EMS company demonstrates hardship or undue burden that prevents the EMS company from submitting a completed application within the application period and if the EMS company requests the extension within 30 days of the date of the end of the application period. The commissioner shall have sole discretion to determine whether an EMS company has demonstrated hardship or undue burden under this subparagraph.

(iv) Upon request by an EMS company, the commissioner shall extend the period to submit required reports for 15 additional days. An EMS company may only make a request under this subparagraph once every three years.

(June 30, 2016, P.L.432, No.60, eff. imd.; Oct. 29, 2020, P.L.739, No.91, eff. 60 days; Nov. 3, 2022, P.L.1674, No.104; June 30, 2025, P.L.80, No.25, eff. imd.) 2025 Amendment. Act 25 amended subsec. (c). Section 4 of Act 25 provided that the State Fire Commissioner shall award a grant under section 7823 during the 2024-2025 grant cycle to a fire company or an emergency medical services company if, after receiving notice from the Office of the State Fire Commissioner that the company was eligible, received a second notice that the company was deemed ineligible. Section 4 shall only apply to the 2024-2025 grant cycle. 2024 Partial Repeal. Section 21(12)(i) of Act 54 provided that subsec. (c)(2) was repealed insofar as it is inconsistent with the addition of section 1735-E(b)(1) of the act of April 9, 1929, P.L.343, No.176, known as The Fiscal Code. 2022 Amendment. Act 104 amended subsec. (b)(1) and (3) and added subsec. (b)(4). Section 10 of Act 104 provided that the amendment of subsec. (b)(3) shall take effect in 60 days and immediately as to the remainder of the section. 2020 Amendment. Act 91 amended subsecs. (a) and (c). Cross References. Section 7823 is referred to in sections 7802, 7827.3, 7842, 7894 of this title.
35 Pa.C.S. § 7355 — PA Code / Title 35 / Chapter 73 / Section 7355
Application for admission.
Status: in_force

Application for admission shall be made to the Public Service Institute Board by the political subdivisions in the manner prescribed by the board.
35 Pa.C.S. § 5311.22 — PA Code / Title 35 / Chapter 53 / Section 5311.22
Dialing instructions (Repealed).
Status: repealed

2024 Repeal. Section 5311.22 was repealed November 18, 2024, P.L.1186, No.147, effective immediately.
35 Pa.C.S. § 8107.6 — PA Code / Title 35 / Chapter 81 / Section 8107.6
Certification and financial report.
Status: in_force

(a) Certification.--Before funds are provided, a trauma center qualifying for funds under section 8107.3 (relating to funding) shall certify that the funds are intended to be used for developing and providing for the availability of and access to trauma care for patients.

(b) Report.--Each trauma center that receives funds under section 8107.3 shall report to the Department of Human Services the following:

(1) An expenditure report six months after the end of the fiscal year accounting for how the funds were spent.

(2) The amount received and the number of individuals served.

(3) How funds received through section 8107.3 improved access to trauma care for patients. (July 2, 2019, P.L.359, No.54, eff. imd.) 2019 Amendment. Act 54 added section 8107.6. See section 5 of Act 54 in the appendix to this title for special provisions relating to continuation of prior law.
35 Pa.C.S. § 8105 — PA Code / Title 35 / Chapter 81 / Section 8105
Duties of department.
Status: in_force

(a) Duty.--It shall be the duty of the department to assist in the development of local EMS systems; plan, guide and coordinate the development of regional EMS systems into a unified Statewide system; and coordinate systems in this Commonwealth with similar systems in neighboring states.

(b) Authority.--The department shall be the lead agency for EMS in this Commonwealth. The department is authorized to:

(1) Coordinate a program for planning, developing, maintaining, expanding, improving and upgrading EMS systems in this Commonwealth.

(2) Establish, by regulation, standards and criteria governing the awarding and administration of contracts and grants under this chapter for initiation, maintenance and improvement of regional EMS systems.

(3) Require collection and maintenance of patient data and information in EMS patient care reports by EMS agencies.

(4) Collect, as deemed necessary and appropriate, data and information regarding patients who utilize emergency departments without being admitted to the facility and patients admitted through emergency departments, trauma centers or directly to special care units, in a manner that protects and maintains the confidential nature of patient records. The data and information shall be reasonable in detail and shall be collected pursuant to regulations issued by the department. Data and information shall be limited to that which may be used for specific planning, research and quality improvement purposes and shall not be duplicative of data and information already available to the department.

(5) Prepare and revise a Statewide EMS system plan under section 8111 (relating to comprehensive plan).

(6) Define and approve training programs and accredit educational institutions for EMS training of EMS providers.

(7) Provide technical assistance to local governments, EMS agencies and other entities for the purpose of assuring effective planning and execution of EMS.

(8) Administer contracts and grants authorized under this chapter and other grants pertaining to EMS.

(9) Establish standards for the licensing, registration and operation of EMS agencies and inspect EMS agencies for compliance with this chapter and regulations adopted under this chapter.

(10) Maintain a quality improvement program for the purpose of monitoring and improving the delivery of EMS.

(11) Promulgate regulations to establish standards and criteria for EMS systems and services.

(12) Integrate all trauma centers accredited pursuant to section 8107 (relating to Pennsylvania Trauma Systems Foundation) into the Statewide EMS system.

(13) Recommend to 911 and other EMS agency dispatchers protocols with respect to the type and quantity of EMS resources to dispatch to emergencies.

(14) Investigate, based upon complaints and information received, possible violations of this chapter and regulations under this chapter and take disciplinary actions, seek injunctions and refer matters for criminal prosecution.

(15) Investigate complaints concerning delivery of services by trauma centers and forward investigation results to the appropriate accrediting entity with a recommendation for action.

(16) Enter into agreements with other states which may include, as appropriate to effectuate the purposes of this chapter, the acceptance of EMS resources of other states that do not fully satisfy the requirements of this chapter or regulations adopted under this chapter.

(c) EMS protocols.--The department shall establish criteria and protocols, including bypass protocols, for evaluation, triage, treatment, transport, transfer and referral of patients to ensure that they receive appropriate EMS and are transported to the most appropriate facility. Regional EMS councils shall not be eligible for contracts or grant funds or State EMS Operating Fund disbursements unless they assist in ensuring regional implementation of the criteria and protocols. Protocols under this subsection are not subject to the rulemaking process. (Nov. 3, 2016, P.L.1094, No.142, eff. imd.) 2016 Amendment. Act 142 amended subsec. (b)(11). Cross References. Section 8105 is referred to in sections 8106, 8112.1, 8128 of this title.
35 Pa.C.S. § 5311.7 — PA Code / Title 35 / Chapter 53 / Section 5311.7
Prohibition against release of information.
Status: in_force

(a) Annual report of agency.--The annual report of the agency shall be a public document.

(b) Prohibition against release of information.--The State Treasurer, agency, board, employee, agent or representative of a PSAP or public agency shall not divulge any information acquired with respect to any provider, revenues, expenses, trade secrets, commercial information and other proprietary information. Any information acquired shall be kept confidential except that aggregations of information that do not effectively identify numbers of consumers or subscribers, revenues or expenses, trade secrets, commercial information and other proprietary information attributable to any provider may be made public. (June 29, 2015, P.L.36, No.12, eff. Aug. 1, 2015)
35 Pa.C.S. § 57A01 — PA Code / Title 35 / Chapter 57 / Section 57A01
Scope of chapter.
Status: in_force

This chapter relates to enforcement officer disability benefits relating to COVID-19.
35 Pa.C.S. § 8116 — PA Code / Title 35 / Chapter 81 / Section 8116
Advanced emergency medical technicians.
Status: in_force

(a) Scope of practice.--An advanced EMT performs basic EMS and ALS skills which include interventions and administration of medications with basic and advanced equipment found on an EMS vehicle as follows:

(1) For an EMS agency as a member of the crew of an ambulance.

(2) For an EMS agency as a member of a QRS to stabilize and improve a patient's condition in an out-of-hospital

emergency until an ambulance arrives at the scene and then may assist the ambulance crew.

(3) As a first aid or safety officer, or in a similar capacity, for or independent of an EMS agency, as prescribed by regulation of the department.

(4) For an EMS agency in another capacity as authorized by regulation of the department.

(b) Certification.--The department shall certify as an advanced EMT an individual who meets all of the following:

(1) Is at least 18 years of age.

(2) Has successfully completed a course under subparagraph (i) or (ii):

(i) An advanced EMT training course which:

(A) teaches basic life support skills;

(B) teaches advanced life support skills deemed appropriate by regulation of the department; and

(C) is approved by the department.

(ii) An EMT course and secured training and education, through continuing education courses, in skills included in the scope of practice for an advanced EMT for which the applicant did not receive training in the EMT course.

(3) Has a current certificate evidencing successful completion of a CPR course acceptable to the department.

(4) Has passed an advanced EMT skills practical examination approved by the department.

(5) Has passed a written advanced EMT certification examination approved by the department.

(c) Biennial registration.--An advanced EMT's certification is deemed registered when the certification is issued. The initial registration shall expire as set forth in section 8113(n) (relating to emergency medical services providers). Except for the initial registration period, an advanced EMT must register the advanced EMT certification at two-year intervals by completing an application for biennial registration on a form or through an electronic process, as prescribed by regulation of the department. The following shall apply:

(1) The department shall issue a biennial registration of an advanced EMT certification to an advanced EMT who meets all of the following:

(i) Has a current registration and applies for a new registration no later than:

(A) 30 days before the current registration is to expire; or

(B) a lesser time established by regulation of the department.

(ii) Successfully:

(A) completes advanced EMT biennial registration practical skills and written knowledge examinations approved by the department; or

(B) secures continuing education credits for advanced EMT biennial registration as required by the department in continuing education programs approved by the department.

(2) An advanced EMT whose registration of an advanced EMT certification has expired must qualify for a biennial registration of the certification as prescribed by regulation of the department. Effective Date. Section 9(1) of Act 37 of 2009 provided that section 8116 shall take effect 180 days after the

publication of the notice in section 7. The notice was published October 12, 2013, at 43 Pa.B. 6093.
35 Pa.C.S. § 7701 — PA Code / Title 35 / Chapter 77 / Section 7701
Duties concerning disaster prevention.
Status: in_force

(a) Governor.--In addition to disaster prevention measures included in the Commonwealth and local plans, the Governor shall consider on a continuing basis steps that could be taken to prevent or reduce the harmful consequences of disasters. The Governor, from time to time, shall make recommendations to the General Assembly, political subdivisions and other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters.

(b) Department of Environmental Resources.--The Department of Environmental Resources, in conjunction with the Pennsylvania Emergency Management Agency, shall keep land uses and construction of structures and other facilities under continuing study and identify areas which are particularly susceptible to severe land shifting, subsidence, flood or other catastrophic

occurrence. The studies under this subsection shall concentrate on means of reducing or avoiding the dangers caused by this occurrence or the consequences thereof.

(c) Other Commonwealth agencies.--At the direction of the Governor, and pursuant to any other authority and competence they have, Commonwealth agencies, including but not limited to those charged with economic recovery responsibilities in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land-use planning, construction standards, public utilities and energy, shall make studies of disaster prevention-related matters.

(d) Schools.--Public-funded universities, colleges, and elementary and secondary schools shall be made available to local, county and State officials for emergency planning and exercise purposes and actual service as mass-care facilities in the event of an emergency evacuation.

(e) Vehicles.--School bus and transportation vehicles owned or leased by universities, colleges and school districts shall be made available to local, county and State officials for emergency planning and exercise purposes and actual service in the event of an emergency evacuation.

(f) Disaster response and emergency preparedness drills.--Annually, schools and custodial child care facilities shall conduct at least one disaster response or emergency preparedness plan drill.

(g) Plans.--Every school district and custodial child care facility, in cooperation with the local Emergency Management Agency and the Pennsylvania Emergency Management Agency, shall develop and implement a comprehensive disaster response and emergency preparedness plan consistent with the guidelines developed by the Pennsylvania Emergency Management Agency and other pertinent State requirements. The plan shall be reviewed annually and modified as necessary. A copy of the plan shall be provided to the county emergency management agency. (July 13, 1988, P.L.501, No.87, eff. imd.; July 13, 2004, P.L.689, No.73, eff. 60 days) 2004 Amendment. Act 73 amended subsecs. (f) and (g). 1988 Amendment. Act 87 added subsecs. (d), (e), (f) and

(g). References in Text. The Department of Environmental Resources, referred to in subsec. (b), was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.
35 Pa.C.S. § 7 — PA Code / Title 35 / Chapter 7 / Section 7
Continuation of prior law.
Status: in_force

* * *

(b) Continuation of prior law.--The addition of 35 Pa.C.S. Ch. 53 is a continuation of the act of July 9, 1990 (P.L.340, No.78), known as the Public Safety Emergency Telephone Act. The following apply:

(1) Except as otherwise provided in 35 Pa.C.S. Ch. 53, all activities initiated under the Public Safety Emergency Telephone Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 53. Orders, regulations, rules and decisions which were made under the Public Safety Emergency Telephone Act and which are in effect on the effective date of subsection (a)(10.1) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 53.

(2) Except as set forth in paragraph (3), any difference in language between 35 Pa.C.S. Ch. 53 and the Public Safety Emergency Telephone 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 the Public Safety Emergency Telephone Act.

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

(i) The omission of the following definitions in 35 Pa.C.S. § 5302:

(A)

"Active prepaid wireless account." (A.1)

"Prepaid wireless telephone service."

(B)

"Sufficient positive balance."

(ii) The addition of any of the following provisions in Title 35:

(A) The addition of the following definitions in section 5302:

(I)

"Consumer." (II)

"Prepaid wireless device." (III)

"Prepaid wireless E-911 surcharge." (IV)

"Prepaid wireless provider."

(V) "Prepaid wireless telecommunications service." (V.1)

"Retail transaction." (V.2)

"Seller." (VI)

"Wireless E-911 surcharge."

(B) The following provisions of section 5311.4:

(I) Subsection (a) introductory paragraph. (II) Subsection (b) introductory paragraph and (4). (III) Subsection (b.1). (IV) Subsection (h).

(C) Section 5311.10.

(D) Section 5312.1.

(E) Section 5398.

(b.1) Continuation of prior law.--Continuation is as follows:

(1) The addition of 35 Pa.C.S. § 7403 is a continuation of Act 1925-267. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. § 7403, all activities initiated under Act 1925-267 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7403. Orders, regulations, rules and decisions which were made under Act 1925-267 and which are in effect on the effective date of subsection (a)(1) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. § 7403.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. § 7403 and Act 1925-267 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 Act 1925-267.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. § 7403:

(A) (Reserved).

(B) (Reserved).

(2) The addition of 35 Pa.C.S. Ch. 74 Subch. D is a continuation of Act 1941-74. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. Ch. 74 Subch. D, all activities initiated under Act 1941-74 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 74 Subch. D. Orders, regulations, rules and decisions which were made under Act 1941-74 and which are in effect on the effective date of subsection (a)(2) shall remain in full

force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 74 Subch. D.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 74 Subch. D and Act 1941-74 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 Act 1941-74.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 74 Subch. D:

(A) (Reserved).

(B) (Reserved).

(3) The addition of 35 Pa.C.S. Ch. 73 Subch. D is a continuation of Act 1949-547. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. Ch. 73 Subch. D, all activities initiated under Act 1949-547 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 73 Subch. D. Orders, regulations, rules and decisions which were made under Act 1949-547 and which are in effect on the effective date of subsection (a)(3) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 73 Subch. D.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 73 Subch. D and Act 1949-547 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 Act 1949-547.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 73 Subch. D:

(A) (Reserved).

(B) (Reserved).

(4) (Reserved).

(5) The addition of 35 Pa.C.S. Ch. 74 Subch. B is a continuation of the Volunteer Firefighters' Relief Association Act. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. Ch. 74 Subch. B, all activities initiated under the Volunteer Firefighters' Relief Association Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 74 Subch. B. Orders, regulations, rules and decisions which were made under the Volunteer Firefighters' Relief Association Act and which are in effect on the effective date of subsection (b)(5) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 74 Subch. B.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 74 Subch. B and the Volunteer Firefighters' Relief Association 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 the Volunteer Firefighters' Relief Association Act.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 74 Subch. B:

(A) (Reserved).

(B) (Reserved).

(6) The addition of 35 Pa.C.S. § 7708 is a continuation of Act 1974-264. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. § 7708, all activities initiated under Act 1974-264 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7708. Orders, regulations, rules and decisions which were made under Act 1974-264 and which are in effect on the effective date of subsection (a)(6) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. § 7708.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. § 7708 and Act 1974-264 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 Act 1974-264.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. § 7708:

(A) (Reserved).

(B) (Reserved).

(7) The addition of 35 Pa.C.S. § 7709 is a continuation of Act 1976-114. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. § 7709, all activities initiated under Act 1976-114 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7709. Orders, regulations, rules and decisions which were made under Act 1976-114 and which are in effect on the effective date of subsection (a)(7) act shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. § 7709.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. § 7709 and Act 1976-114 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 Act 1976-114.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. § 7709:

(A) (Reserved).

(B) (Reserved).

(8) The addition of 35 Pa.C.S. Ch. 73 Subch. E is a continuation of the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. Ch. 73 Subch. E, all activities initiated under the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 73 Subch. E. Orders, regulations, rules and decisions which were made under the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act and which are in effect on the effective date of subsection (a)(8) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 73 Subch. E.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 73 Subch. E and the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance 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 the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 73 Subch. E:

(A) (Reserved).

(B) (Reserved).

(9) The addition of 35 Pa.C.S. Ch. 74 Subch. C is a continuation of Act 1977-83. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. Ch. 74 Subch. C, all activities initiated under Act 1977-83 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 74 Subch. C. Orders, regulations, rules and decisions which were made under Act 1977-83 and which are in effect on the effective date of subsection (a)(9) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 74 Subch. C.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 74 Subch. C and Act 1977-83 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 Act 1977-83.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 74 Subch. C:

(A) (Reserved).

(B) (Reserved).

(10) The addition of 35 Pa.C.S. § 7710 is a continuation of Act 1982-162. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. § 7710, all activities initiated under Act 1982-162 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7710. Orders, regulations, rules and decisions which were made under Act 1982-162 and which are in effect on the effective date of subsection (a)(10) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. § 7710.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. § 7710 and Act 1982-162 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 Act 1982-162.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. § 7710:

(A) (Reserved).

(B) (Reserved).

(11) The addition of 35 Pa.C.S. § 7711 is a continuation of Act 1990-168. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. § 7711, all activities initiated under act 1990-168 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7711. Orders, regulations, rules and decisions which were made under Act 1990-168 and which are in effect on the effective date of subsection (a)(11) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. § 7711.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. § 7711 and Act 1990-168 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 Act 1990-168.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. § 7711:

(A) (Reserved).

(B) (Reserved).

(12) The addition of 35 Pa.C.S. § 7712 is a continuation of Act 1992-127. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. § 7712, all activities initiated under Act 1992-127 shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7712. Orders, regulations, rules and decisions which were made under Act 1992-127 and which are in effect on the effective date of subsection (a)(12) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. § 7712.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. § 7712 and Act 1992-127 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 Act 1992-127.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. § 7712:

(A) (Reserved).

(B) (Reserved).

(13) The addition of 35 Pa.C.S. Ch. 73 Subch. F is a continuation of the State Fire Commissioner Act. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. Ch. 73 Subch. F, all activities initiated under the State Fire Commissioner Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 73 Subch. F. Orders, regulations, rules and decisions which were made under the State Fire Commissioner Act and which are in effect on the effective date of subsection (a)(13) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 73 Subch. F.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 73 Subch. F and the State Fire Commissioner 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 the State Fire Commissioner Act.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 73 Subch. F:

(A) (Reserved).

(B) (Reserved).

(14) The addition of 35 Pa.C.S. Ch. 78 is a continuation of the Volunteer Fire Company and Volunteer Ambulance Service Grant Act. The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. Ch. 78, all activities initiated under the Volunteer Fire Company and Volunteer Ambulance Service Grant Act shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. Ch. 78. Orders, regulations, rules and decisions which were made under the Volunteer Fire Company and Volunteer Ambulance Service Grant Act and which are in effect on the effective date of subsection (a)(14) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.S. Ch. 78.

(ii) Except as set forth in subparagraph (iii), any difference in language between 35 Pa.C.S. Ch. 78 and the Volunteer Fire Company and Volunteer Ambulance Service Grant 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 the Volunteer Fire Company and Volunteer Ambulance Service Grant Act.

(iii) Subparagraph (ii) does not apply to the addition of any of the following provisions of 35 Pa.C.S. Ch. 78:

(A) (Reserved).

(B) (Reserved).

(15) The addition of 35 Pa.C.S. § 7713 is a continuation of 18 Pa.C.S. § 3301(h.1). The following apply:

(i) Except as otherwise provided in 35 Pa.C.S. § 7713, all activities initiated under 18 Pa.C.S. § 3301(h.1) shall continue and remain in full force and effect and may be completed under 35 Pa.C.S. § 7713. Orders, regulations, rules and decisions which were made under 18 Pa.C.S. § 3301(h.1) and which are in effect on the effective date of subsection (a)(15) shall remain in full force and effect until revoked, vacated or modified under 35 Pa.C.C. § 7713.

(ii) Any difference in language between 35 Pa.C.S. § 7713 and 18 Pa.C.S. § 3301(h.1) is intended only to effectuate the transfer of material within the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of 18 Pa.C.S. § 3301(h.1). * * * Explanatory Note. Act 118 added Part III, Subchapters D, E and F of Chapter 73, Chapter 74, sections 7708, 7709, 7710, 7711, 7712 and 7713 and Chapter 78 of Title 35 and amended section 1408 of Title 4 and section 3301 of Title 18.

2013, DECEMBER 23, P.L.1256, NO.129
35 Pa.C.S. § 7436 — PA Code / Title 35 / Chapter 74 / Section 7436
Power and authority in places other than where appointed.
Status: in_force

Whenever a volunteer fire company is in attendance on a fire or when the special fire police are on special duty as provided under this subchapter, the special fire police in a city, borough, town or township, other than the one in which the fire company is organized, shall have the same power and authority in another city, borough, town or township as they would have where they were appointed.
35 Pa.C.S. § 7378.4 — PA Code / Title 35 / Chapter 73 / Section 7378.4
Referendum to expand loan assistance.
Status: in_force

(a) Referendum.--The question of expanding the use of the indebtedness authorized under sections 7367 (relating to authority to borrow) and 7378.1 (relating to referendum for additional indebtedness) for volunteer loan assistance under this subchapter to include municipal fire departments or fire companies and emergency medical services companies for the purpose of establishing and modernizing facilities to house apparatus equipment, ambulances and rescue vehicles, protective and communications equipment and any other accessory equipment necessary for the proper performance of such organizations' duties shall be submitted to the electorate at the next primary, municipal or general election held after November 3, 2020.

(b) Certification.--The Secretary of the Commonwealth shall certify the question to the county boards of election.

(c) Question to the electorate.--The question shall be in substantially the following form: Do you favor expanding the use of the indebtedness authorized under the referendum for loans to volunteer fire companies, volunteer ambulance services and volunteer rescue squads under 35 Pa.C.S. § 7378.1 (relating to referendum for additional indebtedness) to include loans to municipal fire departments or companies that provide services through paid personnel and emergency medical services companies for the purpose of establishing and modernizing facilities to house apparatus equipment, ambulances and rescue vehicles, protective and communications equipment and any other accessory equipment necessary for the proper performance of the duties of the fire companies and emergency medical services companies?

(d) Election procedure.--The referendum under this section shall be conducted in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.

(e) Construction.--This section shall not be construed as authorizing any additional borrowing for loan assistance to fire companies or emergency medical services companies. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 added section 7378.4.

Cross References. Section 7378.4 is referred to in section 7371 of this title.
35 Pa.C.S. § 7893 — PA Code / Title 35 / Chapter 78 / Section 7893
Expiration of authority relating to Emergency Medical Services COVID-19 Recovery Grant Program.
Status: in_force

The authority of the Office of the State Fire Commissioner to award grants under Subchapter E (relating to Emergency Medical Services COVID-19 Recovery Grant Program) shall expire June 30, 2022. (Feb. 10, 2022, P.L.41, No.10, eff. imd.) 2022 Amendment. Act 10 added section 7893.
35 Pa.C.S. § 7602 — PA Code / Title 35 / Chapter 76 / Section 7602
Exercise of powers and duties.
Status: in_force

The Governor or a designee shall exercise the powers, duties and responsibilities set forth in section 7601 (relating to compact enacted).
35 Pa.C.S. § 79C11 — PA Code / Title 35 / Chapter 79 / Section 79C11
Definitions.
Status: in_force

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:

"Award." The Keystone First Responder Award awarded under this subchapter.

"Emergency medical services provider." As defined in section 8103 (relating to definitions).

"First responder." Any of the following:

(1) An emergency medical services provider, firefighter or member of a rescue company.

(2) A peace officer.

(3) A 911 dispatcher.

(4) A coroner or medical examiner who responds in an official capacity to an emergency.

(5) A corrections officer.

(6) A Federal law enforcement officer.

(7) A county or local emergency management coordinator.

"In the line of duty." The term includes the time spent at the scene of and travel to and from a bona fide emergency or, in the case of a 911 dispatcher, suffering a fatal heart attack or stroke while on duty or not later than 24 hours after participating in any job-required training or exercise or performing dispatching duties in response to a 911 emergency call is presumed to have died as a result of the performance of his duties for purposes of this act.

"Peace officer." As defined in 18 Pa.C.S. § 501 (relating to definitions).
35 Pa.C.S. § 7301 — PA Code / Title 35 / Chapter 73 / Section 7301
General authority of Governor.
Status: in_force

(a) Responsibility to meet disasters.--The Governor is responsible for meeting the dangers to this Commonwealth and people presented by disasters.

(b) Executive orders, proclamations and regulations.--Under this part, the Governor may issue, amend and rescind executive orders, proclamations and regulations which shall have the force and effect of law.

(c) Declaration of disaster emergency.--A disaster emergency shall be declared by executive order or proclamation of the Governor upon finding that a disaster has occurred or that the occurrence or the threat of a disaster is imminent. The state of disaster emergency shall continue until the Governor finds that the threat or danger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist and terminates the state of disaster emergency by executive order or proclamation, but no state of disaster emergency may continue for longer than 90 days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time. Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency. All executive orders or proclamations issued under this subsection shall indicate the nature of the disaster, the area or areas threatened and the conditions which have brought the disaster about or which make possible termination of the state of disaster emergency. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, shall be promptly filed with the Pennsylvania Emergency Management Agency and the Legislative Reference Bureau for publication under Part II of Title 45 (relating to publication and effectiveness of Commonwealth documents).

(d) Activation of disaster response.--An executive order or proclamation of a state of disaster emergency shall activate the disaster response and recovery aspects of the Commonwealth and local disaster emergency plans applicable to the political subdivision or area in question and shall be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment and materials and facilities assembled, stockpiled or arranged to be made available pursuant to this part or any other provision of law relating to disaster emergencies.

(e) Commander in chief of military forces.--During the continuance of any state of disaster emergency, the Governor is commander in chief of the Pennsylvania military forces. To the greatest extent practicable, the Governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or regulations, but this does not restrict the authority of the Governor to do so by orders issued at the time of the disaster emergency.

(f) Additional powers.--In addition to any other powers conferred upon the Governor by law, the Governor may:

(1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct of Commonwealth business, or the orders, rules or regulations of any Commonwealth agency, if strict compliance with the provisions of any statute, order, rule or regulation would in any way

prevent, hinder or delay necessary action in coping with the emergency.

(2) Utilize all available resources of the Commonwealth Government and each political subdivision of this Commonwealth as reasonably necessary to cope with the disaster emergency.

(3) Transfer the direction, personnel or functions of Commonwealth agencies or units thereof for the purpose of performing or facilitating emergency services.

(4) Subject to any applicable requirements for compensation under section 7313(10) (relating to powers and duties), commandeer or utilize any private, public or quasi-public property if necessary to cope with the disaster emergency.

(5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within this Commonwealth if this action is necessary for the preservation of life or other disaster mitigation, response or recovery.

(6) Prescribe routes, modes of transportation and destinations in connection with evacuation.

(7) Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein.

(8) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles.

(9) Confer the power of arrest on the law enforcement personnel serving as part of the emergency forces of a party state during operations in this Commonwealth pursuant to a declaration of a disaster emergency under subsection (c). Law enforcement personnel shall be under the operational control of the Commissioner of Pennsylvania State Police and shall comply with the terms and conditions of the Emergency Management Assistance Compact under Chapter 76 (relating to Emergency Management Assistance Compact). Arrest powers granted under this paragraph shall expire when the declaration of a disaster emergency is terminated by executive order, proclamation or operation of law, if the arrest powers have not previously been terminated. (July 13, 1988, P.L.501, No.87, eff. imd.; Oct. 27, 2014, P.L.2899, No.187, eff. imd.) 2014 Amendment. Act 187 added subsec. (f)(9). 1988 Amendment. Act 87 amended subsec. (f)(4). Cross References. Section 7301 is referred to in sections 3309, 5741, 7705, 7903 of this title; section 2306 of Title 12 (Commerce and Trade); section 1306 of Title 23 (Domestic Relations); sections 8704, 8852 of Title 53 (Municipalities Generally); section 2607 of Title 66 (Public Utilities); section 1119 of Title 75 (Vehicles).
35 Pa.C.S. § 7419 — PA Code / Title 35 / Chapter 74 / Section 7419
Dissolution.
Status: in_force

(a) Withdrawal.--If the voters elect to replace a volunteer fire company with a full-paid fire department or company and the volunteer company which has been replaced ceases to render fire service to any community, the volunteer company shall withdraw from the volunteer firefighters' relief association which had extended protection to its membership.

(b) Continuation.--Notwithstanding withdrawal of a company under subsection (a), the volunteer firefighters' relief association shall continue granting financial assistance to its remaining members and their families in death, sickness and distress suffered through the unfortunate elements of life.

(c) New members prohibited.--A volunteer firefighters' relief association continuing under subsection (b) shall not receive any new members.

(d) Application.--When the membership of a relief association functioning under subsection (b) diminishes to five members, the association shall apply to the local common pleas court for dissolution.

(e) Determination.--Upon receipt of an application under subsection (d), the court shall direct that:

(1) all bills, including the costs of dissolution, be paid; and

(2) the balance of funds in the treasury of the volunteer firefighters' relief association subject to

dissolution be paid to the pension fund of the paid fire department created as set forth in subsection (a).
35 Pa.C.S. § 7364 — PA Code / Title 35 / Chapter 73 / Section 7364
Assistance to fire companies and EMS companies.
Status: in_force

(a) General rule.--The office is authorized, upon application of any fire company or EMS company, to make loans for the following purposes:

(1) Establishing or modernizing facilities that house firefighting equipment, ambulance or rescue vehicles. The amount of a loan for establishing or modernizing facilities made to any one fire company or EMS company shall not exceed 50% of the total cost of the facilities or modernization or $450,000, whichever is less, and a notarized financial statement filed under subsection (c) shall show that the applicant has available 20% of the total cost of the facilities in unobligated funds. Proceeds of the loan shall be used only for purposes of structure or land acquisition or renovation or construction and shall not be used for payment of fees for design, planning, preparation of applications or any other cost not directly attributable to structure or land acquisition or renovation or construction.

(2) Purchasing firefighting apparatus, ambulances or rescue vehicles. The amount of a loan made for purchasing firefighting apparatus to any one fire company shall not exceed $250,000 for any single firefighting apparatus equipment or utility or special service vehicle or heavy duty rescue vehicle as defined by regulation or guideline, or 50% of the total cost of the equipment or vehicle, whichever is less, except for loans for aerial apparatus as defined by regulation or guideline, which shall not exceed $350,000. The amount of a loan made to any one fire company or EMS company for any ambulance or light duty rescue vehicle as defined by regulation or guideline shall not exceed $125,000 and for a watercraft rescue vehicle shall not exceed $35,000 or 50% of the cost of the ambulance or rescue vehicle, whichever is less, and a notarized financial statement filed under subsection (c) shall show that the applicant has available 20% of the total cost of the vehicle in unobligated funds.

(3) Purchasing protective, accessory or communication equipment. No fire company or EMS company shall receive a loan for protective, accessory or communicative equipment more than once in any five-year period. Each fire company or EMS company may apply for a loan for a mobile and portable radio unit for each existing serviceable apparatus equipment, ambulance or rescue vehicle. Radio equipment obtained through loans under this subchapter shall be equipped with a frequency or frequencies licensed by the Federal Communications Commission for firefighting or emergency response purposes. A notarized financial statement shall be

filed and loans under this subchapter for the purchase of protective, accessory or communicative equipment shall not exceed $25,000.

(4) Refinancing debt incurred or contracts entered into after November 4, 1975, and used for the purchase of apparatus equipment or for the construction or modernization of facilities or for modification of apparatus equipment in order to comply with National Fire Protection Association standards.

(5) Repair or rehabilitation of apparatus equipment. Where it has been determined that existing apparatus equipment no longer meets the standards of the National Fire Protection Association and the repair or rehabilitation of such equipment will bring it in compliance with National Fire Protection Association standards, loans for the repair or rehabilitation for a single apparatus equipment shall be for at least $3,000 but shall not exceed the lesser of $80,000 or 80% of the total cost of repair or rehabilitation.

(6) Purchasing of used firefighting apparatus, equipment, used ambulances, used rescue vehicles, used communications equipment, used accessory equipment or used protective equipment, except that the used vehicles and equipment shall meet the National Fire Protection Association (NFPA) standards and loans for the purchase of a used single apparatus equipment shall not exceed $200,000 or 80% of the total cost of the equipment, whichever is less.

(7) (Deleted by amendment).

(a.1) Limitation.--Loans under this subchapter may be made for any of the purposes of subsection (a) undertaken by a fire company or EMS company on or after November 4, 1975.

(b) Loans.--Loans made by the office in the amount of $50,000 or less shall be for a period of not more than ten years. Loans in excess of $50,000 but not in excess of $300,000 shall be for a period of not more than 15 years. The payback period of any loan in excess of $300,000 shall not exceed 20 years. Loans shall be subject to the payment of interest at 2% per year and shall be subject to such security as shall be determined by the commissioner. The total amount of interest earned by the investment or reinvestment of all or any part of the principal of any loan shall be returned to the office and transferred to the Fire and Emergency Medical Services Loan Fund and shall not be credited as payment of principal or interest on the loan. Except as provided in subsection (a)(5) and (7), the minimum amount of any loan shall be $25,000.

(b.1) Inflation adjustment.--Beginning one year after the effective date of this subsection and biannually thereafter, all loan limits under this section shall increase at the rate of inflation as outlined in the Consumer Price Index for All Urban Consumers for the Philadelphia-Camden-Wilmington, PA-NJ-DE-MD area for the most recent 12-month period for which the figures have been reported by the United States Department of Labor, Bureau of Labor Statistics. If the rate of inflation does not increase, all loan limits shall remain the same as they were for the previous year. The office shall transmit notice of loan limit increases to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(c) Applications.--Every application for a loan shall be accompanied by a notarized financial statement of the fire company or EMS company and a financial plan to show the amount of assets and projected revenues for the repayment of the loan, any other obligations of the fire company or EMS company and operating expenses over the period of the loan. Every

application shall be accompanied by evidence sufficient to show that all costs except the amount of the loan have been obtained by assets of the fire company or EMS company and other loans or sources of revenue. If a fire company or EMS company is unable to meet the 20% requirement of subsection (a), then a political subdivision which is served by the fire company or EMS company may pledge its credit in the amount of funds necessary to satisfy the 20% requirement and, if it does so, shall cosign the application submitted by the fire company or EMS company.

(c.1) Application review committee.--The office shall establish an application review committee to review loan applications and recommendations on loan applications under this section. The application review committee shall regularly meet at least quarterly to review loan applications and make recommendations on loan applications to the office. The application review committee shall be chaired by the commissioner or the commissioner's designee and include the following members:

(1) The chair of the Veterans Affairs and Emergency Preparedness Committee of the Senate or the chair's designee.

(2) The minority chair of the Veterans Affairs and Emergency Preparedness Committee of the Senate or the minority chair's designee.

(3) The chair of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives or the chair's designee.

(4) The minority chair of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives or the minority chair's designee.

(5) The director of the Bureau of Emergency Medical Services in the Department of Health or the director's designee.

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

(7) A representative of the Firemen's Association of the State of Pennsylvania.

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

(9) A representative of the Pennsylvania Emergency Health Services Council.

(10) A representative of the Pennsylvania Professional Fire Fighters Association.

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

(12) The Secretary of Community and Economic Development or the secretary's designee.

(13) The Secretary of Conservation and Natural Resources or the secretary's designee.

(d) Use.--Loans shall be used for the acquisition by fire companies or EMS companies of new or used apparatus equipment, new or used ambulances, new or used rescue vehicles, new or used communications equipment, new or used accessory equipment or new or used protective equipment or for the acquisition and renovation of existing structures to house firefighting equipment, ambulance or rescue vehicles or for the construction or modernization of facilities and, except as provided in subsection (a)(4), shall not be used for operating expenses or for the refinancing of renovated structures, refinancing of construction or modernization of facilities, apparatus equipment, communication equipment, accessory equipment, nor, except as provided in subsection (a)(4), shall be made or used

to reduce any debt or other obligations issued prior to the effective date of this subchapter.

(e) Payment.--Loans made by the office shall be paid from the fund to the fire companies and EMS companies in accordance with guidelines and procedures developed by the office.

(f) Deposit.--All payments of interest on the loans and the principal thereof shall be deposited by the office in the fund.

(g) Eligibility.--A fire company or EMS company shall be eligible for a loan regardless of legal ownership in whole or in part by any political subdivision of any facilities or apparatus equipment used by the fire company or EMS company. Any equipment or facilities financed may be transferred to a political subdivision served by the fire company or EMS company subject to such security as shall be determined by the commissioner.

(h) Maximum amount.--Notwithstanding any other provision of this section to the contrary, the maximum amount of any loan to a fire company or EMS company for the purchase of firefighting apparatus, ambulances or rescue vehicles manufactured or assembled in this Commonwealth, may exceed the loan limits set forth in this section by $20,000.

(i) Aggregation of loans.--

(1) Subject to paragraph (2), a fire company or EMS company shall not be eligible for more than three loans at one time.

(2) If more than one fire company or EMS company merge or consolidate into a single entity, as determined by the commissioner, the entity shall be eligible for not more than ten loans at one time for a period of ten years from the date of the merger or consolidation. (Dec. 23, 2013, P.L.1256, No.129, eff. 60 days; Oct. 29, 2020, P.L.739, No.91, eff. 60 days; Feb. 10, 2022, P.L.41, No.10, eff. 60 days) 2022 Amendment. Act 10 added subsec. (c.1)(10), (11), (12) and (13).
35 Pa.C.S. § 5802 — PA Code / Title 35 / Chapter 58 / Section 5802
Benefit.
Status: in_force

(a) Benefit.--Notwithstanding any other provision of law, a member of the Pennsylvania National Guard shall receive from the department a benefit computed under subsection (b)(2) if the member:

(1) is ordered to State Active Duty for Emergency or Special State Duty by the Adjutant General or by the Governor; and

(2) sustains an injury while participating in duty under paragraph (1) from the period of notification to report for duty until officially released.

(b) Claim submission, calculation and funding.--

(1) A member of the Pennsylvania National Guard who sustains an injury and is not compensated for the injury by the Federal Government must submit a claim to receive the benefit as prescribed by the Adjutant General.

(2) For purposes of computing the average weekly wage of a member of the Pennsylvania National Guard or dependent thereof, weekly wages shall be calculated using the daily base pay table under 37 U.S.C (relating to pay and allowances of the uniformed services) to determine the Pennsylvania National Guard member's daily wage at the time of the injury. The average weekly wage shall equal the member's daily base pay multiplied by five.

(3) A benefit received under this section shall be limited to 60 days for each incident.

(4) The General Assembly shall appropriate the money necessary to be deposited into a nonlapsing restricted interest-bearing account to provide for the benefit established in subsection (a).

(c) No Commonwealth employee status.--In no event shall any member of the Pennsylvania National Guard while performing the activities described in subsection (a) be deemed an employee of the Commonwealth for any purpose or benefit. Nothing in this section shall be construed to entitle a member of the Pennsylvania National Guard to any benefit or emolument provided to an employee of the Commonwealth.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Department." The Department of Military and Veterans Affairs of the Commonwealth.

"Injury." Contracts or is diagnosed with coronavirus disease 2019, known as COVID-19, as identified in the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), or is subject to quarantine resulting from exposure to COVID-19, and, by reason of the exposure, is temporarily incapacitated from performing duties.

"Participating." The term includes activities ordered by the Adjutant General or by the Governor, such as training, an exercise or related official functions.

"Special State Duty." State military duty by the Pennsylvania National Guard under this section. The term shall not include State Active Duty for Emergency under this section or duty authorized and funded under 10 U.S.C. (relating to armed forces) or 32 U.S.C. (relating to national guard).

"State Active Duty for Emergency." State military duty by the Pennsylvania National Guard under 51 Pa.C.S. § 508 (relating to active duty for emergency) that is not active duty authorized and funded under 10 U.S.C. or 32 U.S.C.
35 Pa.C.S. § 9 — PA Code / Title 35 / Chapter 9 / Section 9
Continuation of State director.
Status: in_force

The State director in office on the effective date of this act shall continue to perform the powers and duties of that office, and no Senate confirmation shall be required. Explanatory Note. Act 87 added or amended sections 7301, 7312, 7313, 7315, 7316, 7317, 7318, 7319, 7501, 7503, 7701 and 7706 of Title 35.
35 Pa.C.S. § 52A05 — PA Code / Title 35 / Chapter 52 / Section 52A05
Penalties.
Status: in_force

A violation of this chapter subjects a prescriber to administrative sanctions by the prescriber's licensing board under the applicable statute. Effective Date. Section 2(2) of Act 125 of 2016 provided that section 52A05 shall take effect upon publication of the notice under section 52A02(b)(2). The notice was published February 4, 2017, at 47 Pa.B. 671.
35 Pa.C.S. § 7426 — PA Code / Title 35 / Chapter 74 / Section 7426
Statements.
Status: in_force

An employee losing time as provided in section 7423 (relating to prohibition on termination and discipline) shall supply his employer with a statement from the chief executive officer of his volunteer fire company, ambulance service or rescue squad

or its affiliated organization stating that he responded to a call and the time of the call.
35 Pa.C.S. § 7703 — PA Code / Title 35 / Chapter 77 / Section 7703
Interstate arrangements.
Status: in_force

(a) General rule.--Upon finding that a vulnerable area lies only partly within this Commonwealth and includes territory in another state or states or territory in a foreign jurisdiction and that it would be desirable to establish an interstate relationship, mutual aid or an area organization for disaster emergency services, the Governor shall take steps to that end as desirable.

(b) Negotiation and status of agreements.--If this action is taken with jurisdictions that have enacted the Interstate Civil Defense and Disaster Compact, any resulting agreement or agreements may be considered supplemental agreements pursuant to Article 6 of that compact. If the other jurisdiction or jurisdictions with which the Governor proposes to cooperate pursuant to subsection (a) have not enacted that compact, the Governor may negotiate special agreements with the jurisdiction or jurisdictions.

(c) Legislative approval of agreements.--Any agreement, if sufficient authority for the making thereof does not otherwise exist, becomes effective only after its text has been communicated to the General Assembly and provided that neither House of the General Assembly has disapproved it by adjournment of the next ensuing session competent to consider it or within 30 days of its submission, whichever is longer.
35 Pa.C.S. § 75A10 — PA Code / Title 35 / Chapter 75 / Section 75A10
Confidential communications involving emergency responders.
Status: in_force

(a) Disclosure.--Except as provided under subsection (b), a trained peer support provider or coparticipant present during peer support services or a helpline operator may not disclose any information regarding an emergency responder without the consent of the emergency responder.

(b) Exceptions.--The privilege established under subsection

(a) shall not apply if any of the following apply:

(1) The trained peer support provider or helpline operator reasonably believes a clear and present danger exists to the emergency responder or to other individuals.

(2) The emergency responder has given express consent to disclose information.

(3) The emergency responder is deceased and the surviving spouse or the executor or administrator of the estate of the deceased emergency responder has given express consent.
35 Pa.C.S. § 7841 — PA Code / Title 35 / Chapter 78 / Section 7841
Establishment.
Status: in_force

The Emergency Medical Services COVID-19 Recovery Grant Program is established and shall be administered by the Office of the State Fire Commissioner in consultation with the Department of Health. Grants provided under the Emergency Medical Services COVID-19 Recovery Grant Program shall be used by EMS companies to provide services in response to the novel coronavirus pandemic. 2022 Amendment. Act 10 renumbered former section 7841 to 7891 and added present section 7841.
35 Pa.C.S. § 7357 — PA Code / Title 35 / Chapter 73 / Section 7357
Conveyance of land and plans for buildings and structures.
Status: in_force

Upon the acquisition of any land in the name of the Commonwealth or designation of any land of the Commonwealth, the Department of General Services shall have the authority to erect or construct and furnish and equip thereon the buildings and other structures necessary for the Pennsylvania State Firemen's Training School. The plans and specifications of the school, whether erected on land acquired directly by the Department of General Services or by conveyance to it from the Commonwealth, shall be subject to the approval of the Department

of Education and shall provide for suitable buildings and other necessary equipment, structures and improvements.
35 Pa.C.S. § 2 — PA Code / Title 35 / Chapter 2 / Section 2
Applicability.
Status: in_force

The following apply:

(1) Actions taken by the Health Care Cost Containment Council from the period from June 30, 2014, to the effective date of this section are validated.

(2) New positions on the Health Care Cost Containment Council created under 35 Pa.C.S. Ch. 33 shall be filled in

the manner designated under 35 Pa.C.S. § 3303(b) no later than 60 days after the effective date of this section. Organizations required under 35 Pa.C.S. § 3303(b) to submit lists of recommended persons to fill new positions on the council shall do so no later than 30 days after the effective date of this section.

(3) There shall be no lapse in the employment relationship for employees of the Health Care Cost Containment Council, including salary, seniority, benefits and retirement eligibility of the employees. Explanatory Note. Act 15 amended or added Part II, Chapter 57 and section 7501 of Title 35 and Chapter 62 heading and sections 6201, 6202, 6203 and 6206 of Title 42. 2020, OCTOBER 29, P.L.739, NO.91
35 Pa.C.S. § 7891 — PA Code / Title 35 / Chapter 78 / Section 7891
Expiration of authority (Expired and Repealed).
Status: in_force

2024 Expiration. Section 7891 expired June 30, 2024. See Act 10 of 2022. 2024 Repeal. Section 7891 was repealed July 11, 2024, P.L.550, No.54, effective immediately.
35 Pa.C.S. § 7214 — PA Code / Title 35 / Chapter 72 / Section 7214
Urban search and rescue response teams.
Status: in_force

(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.
35 Pa.C.S. § 7921 — PA Code / Title 35 / Chapter 79 / Section 7921
Establishment.
Status: in_force

The Public Disaster Assistance Grant Program is established within the agency to provide grants to political subdivisions and municipal authorities for assistance with repair of disaster-related damage in a disaster emergency area when the damages to public facilities are beyond the financial capabilities of the political subdivision or authority.
35 Pa.C.S. § 7813 — PA Code / Title 35 / Chapter 78 / Section 7813
Award of grants.
Status: in_force

(a) Authorization.--The commissioner is authorized to make a grant award to each eligible fire company for the following:

(1) Construction and renovation of facilities and purchase or repair of fixtures and furnishings, office equipment and support services necessary to maintain or improve the capability of the company to provide fire, ambulance and rescue services.

(2) Repair of firefighting, ambulance or rescue equipment or purchase thereof.

(3) Debt reduction associated with paragraph (1) or

(2).

(4) Training and certification of members.

(5) Education of the general public regarding fire prevention and community risk reduction.

(6) Recruitment and retention, including, but not limited to, volunteer firefighter length of service award programs and programs for minors.

(7) Revenue loss for grants issued in 2021 and 2022.

(a.1) Additional uses for paid municipal fire companies.--In addition to the authorized uses under subsection (a), the commissioner may establish additional authorized uses of grant funds for paid municipal fire companies. Additional authorized uses established under this subsection must be published in the Pennsylvania Bulletin and on the commissioner's publicly accessible Internet website.

(a.2) Additional grants.--Each fire company with not more than 20 members who are certified by the National Board on Fire Service Professional Qualifications or by the International Fire Service Accreditation Congress and are verified by the Pennsylvania State Fire Academy at a minimum level of Firefighter 1 on or before July 1 of the year of the grant application shall be eligible to receive additional grants under a certification bonus point system as administered by the commissioner.

(b) Limits.--

(1) Except as provided in paragraph (3), grants shall be not less than $2,500 and not more than $20,000 per fire company.

(2) Grants may be awarded on a pro rata basis if the total dollar amount of the approved application exceeds the amount of funds appropriated by the General Assembly for this purpose.

(3) In a municipality where there are two or more volunteer fire companies and if two or more volunteer fire companies consolidated their use of equipment, firefighters and services within 20 years preceding the date of the current year application submission deadline, the consolidated entity shall be deemed eligible to receive a

grant not to exceed the amount of the combined total for which the individual companies would have been eligible had they not consolidated.

(4) A fire company may only apply for a grant for up to five years for the purpose under subsection (e).

(5) In a municipality where one volunteer fire company and one EMS company consolidate their use of equipment, personnel and services within 20 years preceding the date of the current year application submission deadline, the consolidated entity shall be deemed eligible to receive a grant not to exceed the amount of the combined total for which the individual companies would have been eligible had they not consolidated.

(c) Time for filing application and department action.--

(1) By September 8 of each year, the commissioner shall provide applications and written instructions for grants under this chapter to:

(i) except as set forth in subparagraph (ii), the fire chief and president of every fire company; or

(ii) in the case of a municipal fire company, the chief executive of the municipality.

(2)

(i) Fire companies seeking grants under this chapter shall submit completed applications to the commissioner and the municipalities where the fire companies are located.

(ii) Except as provided under subparagraphs (iii) and (iv):

(A) The application period shall remain open for 45 days each year.

(B) The agency shall act to approve or disapprove applications within 60 days of the application submission deadline each year.

(C) Applications which have not been approved or disapproved by the commissioner within 60 days after the close of the application period each year shall be deemed approved.

(iii) Upon request by a fire company, the commissioner may extend the application period under subparagraph (ii) for up to 45 additional days if the fire company demonstrates hardship or undue burden that prevents the fire company from submitting a completed application within the application period and if the fire company requests the extension within 30 days of the date of the end of the application period. The commissioner shall have sole discretion to determine whether a fire company has demonstrated hardship or undue burden under this subparagraph.

(iv) Upon request by a fire company, the commissioner shall extend the period to submit required reports for 15 additional days. A fire company may only make a request under this subparagraph once every three years.

(d) Eligibility.--To receive grant funds under this chapter, a fire company must:

(1) Have actively responded to at least 15 fire or rescue emergencies during the previous calendar year.

(2) Be actively participating in the Pennsylvania Fire Information Reporting System under a signed agreement. The commissioner shall develop and publish guidelines specifying the criteria necessary to determine the level of participation in the Pennsylvania Fire Information Reporting System to remain eligible for grant funds.

(e) Construction Savings Account.--A fire company may apply for a grant under subsection (a) for the purpose of constructing a new facility. The grant shall be deposited into the Construction Savings Account, which is established within the State Treasury. Money in the Construction Savings Account may be withdrawn by application of the fire company. The Construction Savings Account shall be administered by the commissioner. The following shall apply:

(1) A fire company may only access money in the Construction Savings Account for emergency purposes and at the discretion of the commissioner.

(2) For a fire company to withdraw money from the Construction Savings Account:

(i) The application shall contain the signatures of two duly elected officers of the fire company.

(ii) The fire company shall indicate on the application how the money is going to be used under subsection (a).

(3) Any interest accrued on the Construction Savings Account may be used by the commissioner for administrative purposes. (June 29, 2012, P.L.663, No.78, eff. imd.; June 30, 2016, P.L.432, No.60, eff. imd.; Oct. 29, 2020, P.L.739, No.91, eff. 60 days; Nov. 3, 2022, P.L.1674, No.104; June 30, 2025, P.L.80, No.25, eff. imd.) 2025 Amendment. Act 25 amended subsec. (c). 2024 Partial Repeal. Section 21(12)(i) of Act 54 provided that subsec. (c)(2) was repealed insofar as it is inconsistent with the addition of section 1735-E(b)(1) of the act of April 9, 1929, P.L.343, No.176, known as The Fiscal Code. 2022 Amendment. Act 104 amended subsec. (b)(1) and (3) and added subsec. (b)(5). Section 10 of Act 104 provided that the amendment of subsec. (b)(3) shall take effect in 60 days and immediately as to the remainder of the section. 2020 Amendment. Act 91 amended subsecs. (a), (c) and (d) and added subsecs. (b)(4) and (e). Cross References. Section 7813 is referred to in sections 7385.1, 7385.2, 7827.3, 7894, 7895 of this title.
35 Pa.C.S. § 7318 — PA Code / Title 35 / Chapter 73 / Section 7318
Fire Safety Advisory Committee (Repealed).
Status: repealed

1995 Repeal. Section 7318 was repealed November 13, 1995, P.L.604, No.61, effective in 60 days.
35 Pa.C.S. § 3313 — PA Code / Title 35 / Chapter 33 / Section 3313
Antitrust provisions.
Status: in_force

A person or entity required or permitted to submit data or information under this chapter or receiving data or information from the council in accordance with this chapter are declared to be acting pursuant to State requirements embodied in this chapter and shall be exempt from antitrust claims or actions grounded upon submission or receipt of the data or information.
35 Pa.C.S. § 5303 — PA Code / Title 35 / Chapter 53 / Section 5303
Telecommunications management.
Status: in_force

(a) Powers and duties of agency.--The agency shall have the following powers and duties:

(1) To adopt rules and regulations as necessary to enforce this chapter. Rules and regulations proposed under the authority of this section shall be subject to review by the General Counsel and the Attorney General in the manner provided for the review of proposed rules and regulations pursuant to the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(2) To publish guidelines and application procedures for the collection and distribution of fees collected under this chapter.

(3) To receive, review and approve or disapprove all 911 system plans in accordance with standards developed in consultation with the board.

(4) To establish, in consultation with the board, a Statewide 911 plan that sets forth priorities for 911 systems in this Commonwealth and plans for next generation 911 technology.

(5) To designate a State 911 coordinator who shall be an employee of the agency.

(6) To provide administrative and support staff to the board as necessary.

(7) To establish formulas and methods to distribute money in accordance with section 5306.1 (relating to fund) in consultation with the board.

(8) To establish and publish annually uniform standards relating to technology, next generation 911 technology, administration and operation of 911 systems in consultation with the board.

(9) To cooperate with county and regional 911 systems to develop interconnectivity of 911 systems through the establishment, enhancement, operation and maintenance of an Internet protocol network.

(10) To establish and publish annually, in consultation with the board, eligible uses for money received under this chapter, including next generation 911 technology.

(11) To request information and require audits or reports relating to program compliance from any entity remitting the surcharge to or receiving disbursements from the fund.

(11.1) To subpoena witnesses, administer oaths, examine witnesses, take such testimony and compel the production of such books, records, papers and documents as it may deem

necessary or proper in and pertinent to any proceeding, investigation or hearing.

(12) To require a triennial performance audit of each 911 system's use of money from the fund, including allocations to capital or operating reserves.

(13) To prescribe the applications and forms necessary to enforce this chapter.

(14) No later than December 1 of each year, to report to the General Assembly on the revenue and distributions from the fund for the previous fiscal year and the compliance with the Commonwealth's 911 priorities. In addition, the report shall include a listing of any 911 systems that have merged or consolidated during the previous year.

(15) To adopt, in consultation with the board, minimum training, certification and quality assurance standards for emergency dispatchers, call takers and supervisors.

(16) To develop, in consultation with the board, a comprehensive plan for the implementation of a Statewide interoperable Internet protocol network using next generation 911 technology that coordinates the delivery of Federal, State, regional and local emergency services.

(17) To enforce this chapter through injunction, mandamus or other appropriate proceeding.

(18) To take other actions necessary to implement and enforce this chapter.

(19) To procure industry standard next generation 911 call delivery services for all 911 systems.

(20) To establish joint purchasing agreements or other contracts for the procurement of goods and services in support of 911 service as identified in the State 911 Plan to pursue cost and operational efficiencies.

(21) To provide education and outreach to addressing authorities on next generation 911 addressing standards.

(b) Establishment of 911 board.--There is established a board within the agency to be known as the 911 board. The board shall be comprised of the following:

(1) The following State officials, who shall serve as voting members:

(i) The director of the agency, who shall act as chairperson.

(ii) The State 911 coordinator.

(iii) The Commissioner of the Pennsylvania State Police.

(iv) The chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate.

(v) The minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate.

(vi) The chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.

(vii) The minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.

(viii) The State Fire Commissioner.

(ix) The chairperson of the State Geospatial Coordinating Board.

(2) The following local officials, who shall serve as voting members:

(i) The mayor of a city of the first class.

(ii) A county executive of a county of the second class.

(iii) A county commissioner of a county of the second class A, or a home rule equivalent.

(iv) A county commissioner of a county of the third or fourth class, or its home rule equivalent.

(v) Two county commissioners of a county of the fifth, sixth, seventh or eighth class, or a home rule equivalent.

(vi) The 911 coordinator of a city of the first class.

(vii) The 911 coordinator of a county of the second class.

(viii) The 911 coordinator of a county of the second class A.

(ix) The 911 coordinator of a county of the third or fourth class.

(x) Two 911 coordinators of a county of the fifth, sixth, seventh or eighth class.

(3) A representative from the following State agencies, who shall serve as nonvoting members, to be appointed by the chief executive or administrative officer of each agency:

(i) The Pennsylvania Public Utility Commission.

(ii) (Deleted by amendment).

(iii) The Governor's Office of Administration.

(4) A representative from the following Statewide associations, who shall serve as nonvoting members:

(i) The Pennsylvania Chiefs of Police Association.

(ii) The Fraternal Order of Police.

(iii) The Pennsylvania Emergency Health Services Council.

(iv) The Pennsylvania Fire and Emergency Services Institute.

(v) The Association of Public-Safety Communications Officials.

(vi) The Pennsylvania Chapter of the National Emergency Number Association.

(vii) The Keystone Emergency Management Association.

(viii) The Pennsylvania Professional Fire Fighters Association.

(ix) The Firemen's Association of the State of Pennsylvania.

(x) The Pennsylvania Wireless Association.

(xi) The Pennsylvania Telephone Association.

(xii) The Broadband Cable Association of Pennsylvania.

(xiii) The Pennsylvania Municipal League.

(xiv) The Pennsylvania State Association of Boroughs.

(xv) The Pennsylvania State Association of Township Supervisors.

(xvi) The Pennsylvania State Association of Township Commissioners.

(xvii) The Ambulance Association of Pennsylvania.

(xviii) The Pennsylvania Association of Councils of Governments.

(xix) The Pennsylvania Career Fire Chiefs Association.

(5) A member of the general public, who shall serve as a nonvoting member.

(b.1) Designee.--A voting member of the board may appoint a designee who must be an employee of the same agency or organization as the voting member to attend meetings.

(b.2) Gubernatorial appointees.--The Governor shall appoint the board members under subsection (b)(2)(iii), (iv), (v),

(viii), (ix) and (x), (4) and (5) upon the recommendation of Statewide organizations and industry segments. Recommendations for appointments of county officials under subsection (b)(2) shall be requested by the Governor from the County Commissioners Association of Pennsylvania and recommendations for appointments of 911 coordinators under subsection (b)(2) shall be requested by the Governor from the State chapters of the National Emergency Number Association and the Association of Public Communications Officials. The following shall apply:

(1) Members appointed by the Governor are appointed to terms of two years and may serve no more than three consecutive terms.

(2) The Statewide organizations shall ensure that nominees are sufficiently proficient in 911 policies, operations and technologies and that the nominees provide a diverse representation from the western, central and eastern regions of this Commonwealth.

(3) The Governor shall make the initial appointments of members under subsection (b)(2), (4) and (5) within 90 days of the effective date of this paragraph. Initial terms for members appointed by the Governor shall be divided between one-year and two-year terms.

(4) Except a member appointed under subsection

(b)(2)(i), (ii), (vi) or (vii), the Governor may remove an appointed member of the board for cause upon written notice to the board.

(5) A member's nonparticipation in three consecutive board meetings may be considered cause for removal.

(b.3) Quorum.--Thirteen members of the board shall constitute a quorum. When a quorum is present, three-fourths consent of members present and voting is required for any action of the board.

(b.4) Meetings.--The board shall meet at least once quarterly and at any special session called by the chairperson. All meetings of the board shall be conducted in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).

(b.5) Compensation.--The members of the board shall serve without compensation but shall be reimbursed for their actual and necessary travel and other expenses in connection with attendance at meetings called by the chairperson.

(c) Powers and duties of board.--The board shall have the following powers and duties:

(1) To advise the agency on regulations and guidelines relating to the administration and operation of 911 systems in this Commonwealth relating to the following:

(i) Standards for performance reviews and quality assurance programs to ensure public safety and maintain and improve the performance of 911 systems.

(ii) Measures to ensure the compliance of 911 systems with current industry standards and applicable Federal regulations.

(iii) Cost-saving measures to include joint purchasing opportunities.

(iv) Measures to promote regionalization of PSAPs.

(v) Measures to promote next generation 911 technology.

(vi) 911 planning guidelines.

(vii) Training standards for emergency dispatchers, call takers and supervisors.

(2) To provide advice and recommendations to the agency to develop and adopt formulas and methods to distribute money from the fund under section 5306.1.

(3) To promote effective communication and information sharing between the agency and county 911 coordinators and develop recommendations to improve 911 systems in this Commonwealth.

(4) To advise the agency on deployment and implementation of next generation 911 technology in 911 systems in this Commonwealth.

(5) To promote regional sharing and use of technology.

(6) To promote sharing of information among the agency, 911 systems and other State and local agencies relating to the operation and improvement of 911 systems.

(d) Exemption.--The Pennsylvania State Police telecommunications facilities are exempt from the telecommunications management of the agency and the board. (June 29, 2015, P.L.36, No.12, eff. imd.; June 28, 2019, P.L.142, No.17, eff. imd.; Nov. 7, 2019, P.L.617, No.83, eff. imd.; Nov. 18, 2024, P.L.1186, No.147) 2024 Amendment. Act 147 amended subsecs. (a)(12) and (c)(4) and (5) and added subsecs. (a)(19), (20) and (21) and

(b)(4)(xix). Section 14 of Act 147 provided that the addition of subsec. (b)(4)(xix) shall take effect in 60 days and immediately as to the remainder of the section. 2019 Amendments. Act 17 amended subsecs. (a)(15) and

(b)(1), (3) and (4) and Act 83 amended subsec. (a). Cross References. Section 5303 is referred to in section 5302 of this title.