Flooding & Floodplain Management
CFR Title 44
Per federal regulations, the state has the responsibility of serving as the link between federal, other state, and local governments for all things related to the National Flood Insurance Program. Key responsibilities for the State coordinator include:
- Encourage and assist communities to participate in the program
- Assist communities to develop, implement, and maintain floodplain management regulations
- Provide technical assistance to communities; and to participate in training opportunities
Floodplain Management Act of 1978
Proper administration and enforcement of floodplain management activities, in accordance with requirements, is a municipality’s responsibility; the state’s National Flood Insurance Program Coordinator administers the program in accordance with this act.All municipalities with a Federal Emergency Management Agency-identified Special Flood Hazard Area must participate in the National Flood Insurance Program, as per Chapter 2 of this act.
Pennsylvania Storm Water Management Act 167 of 1978
Designates the Pennsylvania Department of Environmental Protection as the stormwater management and floodplain permitting lead. The Pennsylvania Flood Plain Management Act 166 of 1978 designates the Department of Community and Economic Development as the floodplain management agency lead. The state National Flood Insurance Program coordinator/floodplain administrator position and required management duties reside with Department of Community and Economic Development .
Emergency Manager Certifications
Title 35
Authority for the emergency management certification program can be found in Title 35, subsection 7502. PEMS is tasked with helping our emergency management peers work towards additional certifications or recertifications, and working towards professionalizing the field of emergency management within the commonwealth.
911 Program
Title 35
In Pennsylvania, according to Title 35: Chapter 53, each subscriber or consumer pays a surcharge for each 911 communications service or prepaid wireless device for which that subscriber or consumer is billed by a provider or seller.
Act 34 of 2023
Pennsylvania Act 34 of 2023 amended Chapter 53 of Title 35 and updated the uniform 911 surcharge.
Title 35
Chapter 53, 911 Emergency Communication Services, of Title 35 of the Pennsylvania Consolidated Statutes provides a framework of requirements with the objective to sustain current 911 systems and implement Next Generation 911 (NG911) in Pennsylvania.
School Safety
Act 18 of 2019
In June 2019, Act 18 of 2019 amended the Public School Code of 1949 by adding Article XIII-E, Threat Assessment.
Among its provisions, Article XIII-E requires all school entities in Pennsylvania to establish at least one threat assessment team.
The teams are responsible for “the assessment of and intervention with students whose behavior may indicate a threat to the safety of the student, other students, school employees, school facilities, the community or others.” Threat assessment teams also are responsible for providing training, education, and information to members of their school communities.
Hazardous Materials
Superfund Amendments Reauthorization
After two major chemical releases impacted more than half a million people, President Ronald Reagan signed into law the Superfund Amendments Reauthorization, known as SARA, on Oct. 17, 1986.
Title III of SARA is the Emergency Planning and Community Right-to-Know Act. It mandates and places full responsibility on the state, tribal, and local agencies to prepare for, respond to, and protect the community from chemical accidents.
This legislation was created to help communities plan for hazardous material or chemical-related emergencies. It also requires industries to report on the storage, use, and releases of hazardous substances to federal, state, and local governments. SARA Title III requires state/local governments and indigenous populations to use this information to prepare for and protect their communities from potential risks.
Act 165
To implement the federal legislation, the commonwealth enacted the Hazardous Material Emergency Planning and Response Act, or Act 165. Among other things, Act 165 designates each of Pennsylvania's 67 counties as a local emergency planning district; this requires them to have a local emergency planning committee.
The act includes provisions that govern the state's more than 3,700 chemical planning facilities and Hazardous Materials Response Team Certification Program.
A hazardous material is any item or agent (biological, chemical, radiological, and/or physical) that has the potential to cause harm to humans, animals, or the environment — either by itself or through interaction with other factors.
Act 165 is not an unfunded mandate. It establishes fees and grants to help support local efforts in compliance. There are provisions for counties to plan, collect, and utilize per-chemical fees for HAZMAT programs. Most of the collected funds are channeled back to the counties in the form of the Hazardous Materials Response Fund Grant, to supplement the county chemical safety program.
Act 165 also requires us to submit an annual report to the Pennsylvania legislature by October 1 for the preceding calendar year.
Act 9
Under Act 9, we work with the Department of Environmental Protection to make sure emergency plans are developed for all unconventional well sites in the commonwealth.
Hazardous Material Emergency Planning and Response Act
The Hazardous Material Emergency Planning and Response Act, Pennsylvania Act 1990-65, was announced in December 1990 and amended in February 2001. It implements the planning and preparedness Requirements of the Emergency Planning and Community Right-to-Know Act.
