PRINTER'S NO. 2014
No. 1298 Session of 2006
INTRODUCED BY STACK, COSTA, FONTANA, MELLOW, RAFFERTY,
C. WILLIAMS, TARTAGLIONE, REGOLA, GREENLEAF, ERICKSON,
BROWNE, LAVALLE, MUSTO AND O'PAKE, AUGUST 3, 2006
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
AUGUST 3, 2006
AN ACT
1 Amending the act of December 16, 2002 (P.L.1967, No.227),
2 entitled "An act providing for counterterrorism planning,
3 preparedness and response; imposing powers and duties on the
4 Pennsylvania Emergency Management Agency, the Department of
5 Health, counties and municipalities; and providing for the
6 organization of various response teams," further providing
7 for definitions; and providing for railroad transportation
8 security.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 102 of the act of December 16, 2002
12 (P.L.1967, No.227), known as the Counterterrorism Planning,
13 Preparedness and Response Act, is amended to read:
14 Section 102. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Agency." The Pennsylvania Emergency Management Agency.
19 "Department." The Department of Health of the Commonwealth.
20 "Disaster medical assistance teams." A complement of
1 individuals organized in accordance with standards developed by
2 the Pennsylvania Emergency Management Agency and applicable
3 Federal agencies to provide medical service at the scene of
4 natural and manmade disasters and mass casualty incidents.
5 "Disaster mortuary teams." A complement of individuals
6 organized in accordance with standards developed by the
7 Pennsylvania Emergency Management Agency and applicable Federal
8 agencies to provide mortuary service at the scene of natural and
9 manmade disasters and mass casualty incidents.
10 "FEMA." The Federal Emergency Management Agency.
11 "Letter of agreement." A written agreement between a
12 regional counterterrorism task force and a public, semipublic,
13 private or nonprofit corporation, business, association,
14 partnership, authority, individual or other entity that agrees
15 to provide personnel, equipment, supplies, training facilities
16 or other resources either directly to or in support of the task
17 force's specialized regional counterterrorism response team. All
18 letters of agreement entered into under the provisions of this
19 act must, at a minimum, address all of the following:
20 (1) Workers' compensation and death benefits.
21 (2) Use of county 911 communications centers, county
22 emergency management agencies or the State Emergency
23 Operations Center.
24 (3) Member participation in training exercises, drills
25 and actual activation and deployment.
26 "Local health department." A county department of health
27 under the act of August 24, 1951 (P.L.1304, No.315), known as
28 the Local Health Administration Law, or a department of health
29 in a municipality approved for a Commonwealth grant to provide
30 local health services under section 25 of the Local Health
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1 Administration Law.
2 "Manmade disaster." Any biological, chemical, nuclear,
3 radiological, industrial, commercial or transportation accident,
4 attack, explosion, conflagration, contamination, power failure,
5 computer or communications failure, natural resource shortage or
6 other condition, including enemy or terrorist act, which
7 threatens or causes substantial property damage, human suffering
8 and hardship or loss of life.
9 "Municipal or municipality." A city, borough, incorporated
10 town, township or home rule municipality of this Commonwealth.
11 "Mutual aid." A county's, municipality's or volunteer
12 service organization's affirmative act of sending its personnel,
13 equipment or resources to the scene of an actual or potential
14 natural or manmade disaster, whether inside or outside the
15 boundaries of this Commonwealth, in response to an official
16 dispatch request from a county 911 communications center, county
17 emergency management agency or the State emergency operations
18 center.
19 "Mutual aid agreement." A written agreement between a
20 regional counterterrorism task force and a county, municipality
21 or volunteer service organization whereby the county,
22 municipality or volunteer service organization agrees to provide
23 personnel, equipment or other resources in response to an actual
24 or potential natural or manmade disaster. All mutual aid
25 agreements entered into under the provisions of this act must,
26 at a minimum, address all of the following:
27 (1) Workers' compensation and death benefits.
28 (2) Use of county 911 communications centers, county
29 emergency management agencies or the State emergency
30 operations center.
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1 (3) Member participation in training exercises, drills
2 and actual activation and deployment.
3 "Natural disaster." Any hurricane, tornado, storm, flood,
4 high water, earthquake, landslide, mudslide, snowstorm, drought,
5 insect infestation, fire, explosion or other natural catastrophe
6 which results in substantial property damage, human suffering
7 and hardship or loss of life.
8 "PEMA." The Pennsylvania Emergency Management Agency.
9 "Railroad." Any form of nonhighway ground transportation
10 that runs on rails or electromagnetic guideways, including, but
11 not limited to:
12 (1) Commuter or other short-haul railroad passenger
13 service in a metropolitan or suburban area.
14 (2) High-speed ground transportation systems that
15 connect metropolitan areas, but not rapid transit operations
16 in an urban area that are not connected to the general
17 railroad system of transportation.
18 "Regional counterterrorism task force." A complement of
19 Federal, State, county and municipal emergency management,
20 health, law enforcement, public safety and other officials and
21 representatives from volunteer service organizations, private
22 business and industry, hospitals and medical care facilities and
23 other entities within a multicounty area as determined by the
24 agency that is responsible for conducting counterterrorism
25 planning, training preparedness and response activities.
26 "Specialized regional counterterrorism response team." A
27 complement of individuals established by a regional
28 counterterrorism task force and organized in accordance with
29 standards developed by the Pennsylvania Emergency Management
30 Agency and applicable Federal agencies to respond to emergencies
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1 involving an actual or potential natural or manmade disaster.
2 Such teams may include disaster medical assistance teams and
3 disaster mortuary response teams.
4 "Specialized Statewide response team." A complement of
5 individuals organized by the Commonwealth to provide specialized
6 personnel, equipment and other support capabilities in response
7 to an actual or potential natural or manmade disaster in this
8 Commonwealth. Such teams may include disaster medical assistance
9 teams and disaster mortuary response teams.
10 "Terrorism." The unlawful use of force or violence committed
11 by a group or individual against persons or property to
12 intimidate or coerce a government, the civilian population or
13 any segment thereof in furtherance of political or social
14 objectives.
15 "Urban search and rescue task force." A complement of
16 individuals organized by the agency in accordance with standards
17 developed by the agency and the Federal Emergency Management
18 Agency to provide emergency response and search and rescue
19 capabilities and resources at the scene of a natural or manmade
20 disaster.
21 "Volunteer service organization." A volunteer fire company,
22 volunteer ambulance or medical company, volunteer rescue squad
23 or any other volunteer entity organized and chartered or
24 incorporated in this Commonwealth or chartered by Congress for
25 the primary purpose of providing emergency services as defined
26 in 35 Pa.C.S. § 7102 (relating to definitions).
27 "Yard." A system of parallel tracks, crossovers and switches
28 where railroad cars are switched and made up into trains and
29 where railroad cars, locomotives and other rolling stock are
30 kept when not in use or when awaiting repairs.
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1 Section 2. The act is amended by adding a chapter to read:
2 CHAPTER 4
3 RAILROAD TRANSPORTATION SECURITY
4 Section 401. Assessment and plan.
5 (a) Railroad security assessment.--
6 (1) No later than 180 days after the effective date of
7 this section, the Department of Transportation and PEMA shall
8 jointly complete a railroad security assessment, including,
9 but not limited to:
10 (i) identification and evaluation of critical
11 railroad assets and infrastructure, including threats to
12 those assets and infrastructure;
13 (ii) identification and evaluation of
14 vulnerabilities specific to the transportation of
15 hazardous materials by railroad;
16 (iii) identification of backup systems required to
17 ensure continuous operation of critical elements of the
18 railroad system in the event of an incident, including,
19 but not limited to, disruption of commercial electric
20 power, communications networks and terrorist attacks; and
21 (iv) identification of passenger and cargo security
22 protection systems, including, but not limited to,
23 passenger and cargo screening, procedural policies,
24 communication systems, employee training and emergency
25 response planning.
26 (2) The assessment shall include a separate assessment
27 for freight and intercity passenger rail transportation and
28 develop a prioritized recommendation for:
29 (i) improving the security of rail infrastructure
30 and facilities, terminals, tunnels, rail bridges, rail
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1 switching areas and other areas identified as posing
2 significant rail-related risks to public safety and the
3 movement of interstate commerce, taking into account the
4 impact that any proposed security measure might have on
5 the provision of rail service;
6 (ii) deploying chemical and biological weapon
7 detection equipment;
8 (iii) training railroad employees in terrorism
9 response activities, provision of protective clothing;
10 including participation in exercises with county or
11 regional task forces; and
12 (iv) identifying the immediate and long-term
13 economic impact of the proposed security measures.
14 (b) Railroad security plan.--
15 (1) No later than 180 days after completion of the
16 railroad security assessment, the Department of
17 Transportation and PEMA shall jointly develop a railroad
18 security plan which shall:
19 (i) establish a strategy for minimizing terrorist
20 threats to the railroad transportation system;
21 (ii) establish a strategy for maximizing the
22 mitigation of a terrorist attack;
23 (iii) require increased security support if the
24 United States Department of Homeland Security issues a
25 threat level of high or greater; and
26 (iv) establish a contingency plan to reroute rail
27 traffic due to loss of railroad infrastructure such as a
28 bridge, tunnel, yard or station.
29 (c) Other recommendations.--The Department of Transportation
30 and PEMA shall also jointly develop recommendations regarding:
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1 (1) the feasibility of requiring passenger railroads to
2 implement security screening for passengers, baggage, mail
3 and other cargo;
4 (2) security improvements for rail tunnels, rail
5 bridges, rail switching and car storage areas, other rail
6 infrastructure and facilities, information systems and other
7 areas identified as significant railroad-related risks to
8 public safety and the movement of commerce;
9 (3) deployment of equipment to detect explosives and
10 hazardous chemical, biological and radioactive substances as
11 well as appropriate countermeasures;
12 (4) installation of locking doors in the locomotive cab;
13 (5) installation of backup systems to ensure the
14 continued operation of critical elements of the railroad
15 system in the event of an attack or other incident,
16 including, but not limited to, disruption of commercial
17 electric power or communications network;
18 (6) implementation of the Wireless E-911 State plan in
19 conjunction with the Commonwealth's rail system;
20 (7) issuance of photo identification for train crews and
21 yard workers;
22 (8) security and antiterrorism training for railroad
23 engineers, conductors and yard employees;
24 (9) the use of a computer database for cross-checking
25 passenger lists with law enforcement lists; and
26 (10) a list of items passengers are prohibited from
27 carrying.
28 Section 402. Annual report.
29 No later than September 2007, PEMA shall submit a report,
30 which shall be a public document, to the Governor and the
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1 General Assembly including the following:
2 (1) a summary of the railroad security assessment;
3 (2) a summary of the railroad security plan; and
4 (3) a summary of the recommendations developed by the
5 United States Department of Homeland Security.
6 Section 3. This act shall take effect in 90 days.
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