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PA Bulletin, Doc. No. 05-1702

THE GOVERNOR

[35 Pa.B. 5089]

Proclamation of Emergency to Render Mutual Aid and to Receive and House Evacuees

September 6, 2005

   Whereas, the President of the United States has declared major disaster emergencies for impacted areas in Louisiana, Mississippi, Alabama and Florida due to the catastrophic events caused by Hurricane Katrina; and

   Whereas, the Commonwealth of Pennsylvania has been requested to render mutual aid to assist in the implementation of federal and state disaster emergency functions in accordance with the Emergency Management Assistance Compact, (35 Pa.C.S. Section 7101 et seq.), including those mutual aid actions listed in the letter of September 6, 2005, from Governor Edward G. Rendell to the President; and

   Whereas, the continued evacuation of individuals and families from the affected areas has produced a state of emergency in several of the neighboring states; and

   Whereas, the serious impact of this catastrophic event that has displaced thousands of families requires a comprehensive partnership of all levels of government for effective recovery; and

   Whereas, the emergency situation has been of such magnitude and severity as to render essential the Commonwealth's supplementation of county and municipal efforts and resources and the activation of all applicable state, county, and municipal emergency response plans; and

   Whereas, coordination of activities relating to temporary housing by agencies and officers of this state is an express purpose of the Pennsylvania Emergency Management Services Code (35 Pa.C.S. Section 7302).

   Now Therefore, pursuant to the provisions of Subsection 7301(c) of the Emergency Management Services Code (35 Pa.C.S. Section 7101 et seq., as amended), I do hereby proclaim the existence of an emergency in the Commonwealth of Pennsylvania to adequately respond to the emergency situation caused by Hurricane Katrina.

   Further, in accordance with the State Emergency Operations Plans, I direct all Commonwealth departments and agencies to utilize all available resources and personnel as is deemed necessary to cope with the magnitude and severity of this emergency situation.

   Further, I hereby transfer up to $50,000,000 in unused appropriated funds to the Pennsylvania Emergency Management Agency. The aforementioned funds shall be used for disaster-related expenses incurred by various state agencies and departments. These funds shall be credited to a special account established by the Office of the Budget. All Commonwealth agencies purchasing supplies or services in response to this emergency are authorized to utilize the emergency procurement procedures set forth in Section 516 of the Commonwealth Procurement Code, Act of May 15, 1998, P. L. 358, No. 57, § 516. This Proclamation shall serve as the written determination of the basis for the emergency under Section 516.

   Further, I hereby waive any laws or regulations that would restrict the application and use of the Departments' and Agencies' resources and personnel to assist local jurisdictions in meeting the express requirements of Section 7302. This assistance to local jurisdictions may be provided solely at the discretion of the respective Secretaries and Agency Directors.

   Further, I direct that the emergency response of all the Commonwealth departments and agencies and all applicable county, municipal, and other disaster emergency response and recovery plans be activated and that all state, county, and municipal actions taken to implement those plans be coordinated through the Pennsylvania Emergency Management Agency.

   Still Further, I hereby continue to urge the governing bodies and executive officers of all political subdivisions affected by this emergency to act as necessary to meet the current exigencies as legally authorized under this Proclamation, namely: by the employment of temporary workers; by the rental of equipment; and by entering into such contracts and agreements as may be required to meet the emergency, all without regard to those time-consuming procedures and formalities normally prescribed by law, mandatory constitutional requirements excepted.

   Given under my hand and the Seal of the Governor, at the City of Harrisburg, this sixth day of September in the year of our Lord two thousand and five, and of the Commonwealth the two hundred and thirtieth.


Governor

[Pa.B. Doc. No. 05-1702. Filed for public inspection September 16, 2005, 9:00 a.m.]


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