Document Citation: 35 Pa.C.S. § 7303

Header:
PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 35. HEALTH AND SAFETY
PART V. EMERGENCY MANAGEMENT SERVICES
CHAPTER 73. COMMONWEALTH SERVICES
SUBCHAPTER A. THE GOVERNOR AND DISASTER EMERGENCIES

Date:
08/31/2009

Document:
§ 7303. Debris and wreckage removal

(a) AUTHORITY OF GOVERNOR. --Whenever the Governor has declared a disaster emergency to exist under this part, or the President, at the request of the Governor, has declared a major disaster or emergency to exist in this Commonwealth, the Governor is authorized:

(1) Notwithstanding any other provision of law, through the use of
Commonwealth agencies or instrumentalities, to clear or remove from
publicly or privately owned land or water, debris and wreckage which
may threaten public health or safety, or public or private property.

(2) To accept funds from the Federal Government and utilize the funds
to make grants or to reimburse any political subdivision for the
purpose of removing debris or wreckage from publicly or privately owned
land or water.

(b) AUTHORITY OF COMMONWEALTH PERSONNEL. --Whenever the Governor provides for clearance of debris or wreckage pursuant to subsection (a), employees of the designated Commonwealth agencies or individuals appointed by the Commonwealth are authorized to enter upon private land or waters and perform any tasks necessary to the removal or clearance operation.

(c) NONLIABILITY OF COMMONWEALTH PERSONNEL. --Except in cases of willful misconduct, gross negligence or bad faith, any Commonwealth employee or agent complying with and performing duties pursuant to orders of the Governor under this section shall not be liable for death of or injury to persons or damage to property.