Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1668 Compare Versions

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22 SENATE DOCKET, NO. 2598 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 1668
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 William J. Driscoll, Jr.
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act updating emergency management.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :William J. Driscoll, Jr.Norfolk, Plymouth and BristolSteven George Xiarhos5th Barnstable3/6/2025Sal N. DiDomenicoMiddlesex and Suffolk3/6/2025Michael D. BradySecond Plymouth and Norfolk3/6/2025John F. KeenanNorfolk and Plymouth3/6/2025Joanne M. ComerfordHampshire, Franklin and Worcester3/7/2025 1 of 16
1616 SENATE DOCKET, NO. 2598 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 1668
1818 By Mr. Driscoll, a petition (accompanied by bill, Senate, No. 1668) of William J. Driscoll, Jr.,
1919 Steven George Xiarhos, Sal N. DiDomenico, Michael D. Brady and other members of the
2020 General Court for legislation to establish the Massachusetts emergency management agency.
2121 Public Safety and Homeland Security.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act updating emergency management.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 22E the
3131 2following chapter :-
3232 3 Chapter 22F. The Massachusetts Emergency Management Agency
3333 4 Section 1: Definitions
3434 5 Section 1. As used in this chapter, unless the context clearly otherwise requires, the
3535 6following words shall have the following meanings:
3636 7 “Agency”, Massachusetts emergency management agency.
3737 8 "Director", the director of the Massachusetts emergency management agency. 2 of 16
3838 9 "Emergency", the imminent threat or occurrence of severe or widespread loss of life,
3939 10injury, or other health impacts, property damage or destruction, social or economic disruption, or
4040 11environmental degradation from natural, technological, or human-made causes.
4141 12 "Emergency management functions", any act taken to prepare for, prevent, respond to,
4242 13recover from and mitigate against an emergency. Said functions shall include, but not be limited
4343 14to, the following: firefighting and police services; medical and health services; search and rescue
4444 15services; engineering services; communications between first responders, incident commanders,
4545 16and other public officials; evacuation of persons from stricken areas; radiological, chemical or
4646 17other special weapons; emergency transportation; existing or properly assigned functions of plant
4747 18protection; temporary restoration of public utility services; emergency welfare services;
4848 19dissemination of information to the general public; animal protection; coordination of volunteers
4949 20and donations; and other functions. Functions for which military forces other than the National
5050 21Guard are primarily responsible are not covered by this definition.
5151 22 "Emergency response worker", any individual authorized to perform emergency
5252 23management functions or affiliated with an organization tasked with performing emergency
5353 24management functions.
5454 25 “Mass care facility", any facility which provides protection and basic human services to
5555 26citizens and evacuees until the threat of the emergency has passed.
5656 27 "Nuclear power plant areas", any community located within a ten-mile radius of a nuclear
5757 28power plant, whether or not said power plant is located within the commonwealth.
5858 29 "Political subdivision", a city, town, county or other governmental entity authorized or
5959 30created by law, including public corporations and authorities. 3 of 16
6060 31 "Secretary", the secretary of public safety and security.
6161 32 Section 2: Responsibilities and Duties
6262 33 Section 2. There shall be within the executive office of public safety and security an
6363 34agency to be known as the Massachusetts emergency management agency. The agency shall
6464 35coordinate federal, state, local, voluntary and private resources during emergencies in the
6565 36commonwealth. The agency's responsibilities shall include,, developing and maintaining
6666 37effective emergency response plans to all hazards, disasters or threats; training emergency
6767 38response workers to protect the public; providing information to the citizens of the
6868 39commonwealth; coordinating the response to emergencies and disasters for the commonwealth;
6969 40responding to emergency scenes to provide subject matter expertise and resource assistance;
7070 41maintaining and managing the commonwealth’s emergency supply stockpiles, assisting
7171 42individuals, families, businesses and communities to prepare for, respond to, mitigate against,
7272 43and recover from emergencies, and other tasks assigned to the agency by the governor related the
7373 44commonwealth's emergency preparedness, management, and response.
7474 45 Section 3: State Director of Emergency Management, Duties and Powers
7575 46 Section 3. (a) The governor, upon the recommendation of the secretary, shall appoint the
7676 47director, who shall be qualified by training and experience in emergency management. The
7777 48director shall serve as the executive and administrative head of the agency and as the governor’s
7878 49principal assistant for directing and coordinating emergency management activities. The director
7979 50shall devote their full time to the duties set forth under this chapter and shall not hold any other
8080 51public office. The position of director shall be classified in accordance with section 45 of chapter
8181 5230 of the General Laws and the salary shall be determined in accordance with section 46C of 4 of 16
8282 53said chapter 30. The director shall coordinate the activities of all organizations for emergency
8383 54management within the commonwealth. The director shall cooperate and maintain liaison with
8484 55emergency management agencies of other states and the federal government, and have such
8585 56additional authority, duties and responsibilities authorized by this chapter and as may be
8686 57prescribed by the governor. The director shall be responsible to the governor and the secretary
8787 58for carrying out the program of emergency management for the commonwealth.
8888 59 (b) The director may appoint such experts and other assistants as the work of the agency
8989 60may require, may remove them as needed, and may make such expenditures subject to available
9090 61funding as may be necessary in order to execute effectively the purposes of this chapter. Such
9191 62employees shall not be subject to chapter thirty-one of the General Laws. The director may, on
9292 63behalf of the agency for official use, accept gifts, contributions, grants and bequests of funds or
9393 64other property from individuals, foundations, corporations and federal, state or other
9494 65governmental bodies, which funds or property may be expended or used with the approval of the
9595 66secretary to discharge the department's responsibilities or to conduct its programs, without
9696 67further appropriation. The director may organize the agency in a manner to achieve its statutory
9797 68responsibilities, including the creation of appropriate departments and divisions.
9898 69 Section 4: Executive and Administrative Authority
9999 70 Section 4. (a) The governor shall have general direction and control of the agency, and
100100 71shall be responsible for carrying out the provisions of this chapter, and may assume operational
101101 72control over any part or all parts of emergency management functions within the commonwealth.
102102 73The governor may at the request of the director authorize the employment of such personnel and
103103 74may make such expenditures as may be necessary to carry out the purposes of this chapter. The 5 of 16
104104 75governor may cooperate with the federal government and with other states and private agencies
105105 76in all matters pertaining to the protection and defense of the commonwealth and the nation, and
106106 77shall be tasked with the creation of a comprehensive plan and program for the commonwealth as
107107 78developed by the director, and in accordance with said plan and program may institute training
108108 79and public information programs and take all other preparatory steps, including the partial or full
109109 80mobilization of all public organizations in advance of actual emergencies as may be deemed
110110 81necessary. The governor may direct the secretary or director to make studies and surveys to
111111 82ascertain the capabilities of the commonwealth for disaster prevention, response, recovery,
112112 83mitigation and preparedness, and may delegate any administrative authority vested under this
113113 84chapter to the secretary or director.
114114 85 (b) The governor shall have the power and authority to cooperate with the federal
115115 86authorities and with the governors of other states in matters pertaining to emergency
116116 87preparedness, prevention, management, and response, and also so to cooperate with the military
117117 88and naval forces of the United States and other states, and to take any measures which he or she
118118 89may deem proper to carry into effect any request of the president of the United States for action
119119 90looking to the national defense or to the public safety. The governor may receive and allocate
120120 91money, supplies, equipment or material granted, loaned or allocated by the federal government
121121 92or other states to the commonwealth or any of its agencies or political subdivisions to prepare
122122 93for, respond to, and recover from and mitigate against an emergency.
123123 94 (c) In reasonable anticipation of an emergency, the governor may exercise any power,
124124 95authority or discretion conferred on them under this chapter by issuing executive orders or
125125 96directives to the Massachusetts emergency management agency, or other department or agency
126126 97of the commonwealth or any political subdivision thereof, or other person. Any department, 6 of 16
127127 98agency or person so directed shall act in conformity with any orders or directives prescribed by
128128 99the governor.
129129 100 (d) Upon the occurrence or imminent threat of occurrence of any emergency, the
130130 101governor may issue a proclamation setting forth a state of emergency. Said proclamation shall
131131 102serve to activate applicable emergency response, mitigation, and recovery plans. The state of
132132 103emergency may extend throughout the commonwealth or may pertain to one or more particular
133133 104geographic areas. Said proclamation shall be authority for the deployment and use of any state,
134134 105local, non-profit, or private forces to which the plans apply, and for the use or distribution of any
135135 106supplies, equipment, materials, or facilities assembled, stockpiled, or arranged to be made
136136 107available. If the governor notes in the proclamation that the emergency is one that is detrimental
137137 108to the public health, the commissioner of public health shall have those authorities necessary to
138138 109prevent disease and maintain public health set forth in section 2A of Chapter 17 of the General
139139 110Laws.
140140 111 (e) After the governor issues a proclamation setting forth a state of emergency, the
141141 112governor may possess, use and employ any property, real or personal, for such time and in such
142142 113manner as he or she shall deem necessary to protect the commonwealth and its citizens. The
143143 114emergency management or public safety authorities who seize property during an emergency
144144 115shall maintain a permanent record of such property and its condition when seized, and shall
145145 116furnish a true copy of the record to the owner of the seized property The commonwealth shall
146146 117pay just compensation to the owner of any facilities or materials that are permanently taken or
147147 118permanently appropriated by a commonwealth authority during an emergency. The
148148 119commonwealth shall not pay just compensation to the owner of any facilities or materials that
149149 120said authorities close, evacuate, decontaminate, or destroy when there is reasonable cause to 7 of 16
150150 121believe that the facilities or materials endanger the public during an emergency. The amount of
151151 122compensation shall be calculated in the same manner as compensation due for taking of property
152152 123pursuant to non-emergency eminent domain procedures, as provided in chapter 79 of the General
153153 124Laws.
154154 125 (f) The declaration of emergency shall terminate when so declared by the governor, or
155155 126automatically after 60 days, unless renewed by the governor. Each renewal shall terminate after
156156 12760 days unless renewed for an additional 60 days, or unless sooner terminated.
157157 128 Section 5: State of Emergency Declaration
158158 129 Section 5. (a) During a declared state of emergency, the governor, in addition to any other
159159 130authority vested in them by law, shall have and may exercise any and all authority over persons
160160 131and property necessary or expedient to protect the commonwealth and its citizens. Without
161161 132limiting the foregoing, the governor shall have and may exercise the following specific authority
162162 133to:
163163 134 (1) Suspend the provisions of any statute or the orders or regulations of any state agency,
164164 135if compliance with the provisions of any such statute, order, or regulation would in any way
165165 136prevent, hinder, or delay necessary action in coping with the emergency. Any provision of any
166166 137statute, order, or regulation inconsistent with an order issued or promulgated during a state of
167167 138emergency under this chapter shall be inoperative while such a declaration is in effect.
168168 139 (2) Employ every agency and all persons of the government of the commonwealth or of
169169 140any of its political subdivisions to protect the lives and property of its citizens and to enforce the
170170 141law, and utilize all available resources of the state government and of its political subdivisions as
171171 142reasonably necessary to cope with the emergency. The governor may transfer the direction, 8 of 16
172172 143personnel, or functions of commonwealth departments and agencies or units thereof for the
173173 144purpose of performing or facilitating emergency management functions. The governor may
174174 145assign to any state agency any activity concerned with disaster preparedness and relief, and it
175175 146shall become the duty of such agency to undertake and carry out such activity on behalf of the
176176 147commonwealth. All persons employed by the commonwealth or any of its political subdivisions
177177 148who are acting as emergency response workers shall have the same powers, duties, immunities
178178 149and privileges as if they were performing those duties for the commonwealth or within any of its
179179 150political subdivisions.
180180 151 (3) Order that the members of the police and fire forces of the commonwealth or its
181181 152political subdivisions, the National Guard, and other authorized agents and emergency response
182182 153workers performing emergency management functions, including but not limited to health agents
183183 154authorized under section 30 of chapter 111 of the General Laws, and animal control officers,
184184 155while in uniform or upon presentation of government-issued identification, may enter private
185185 156property for the sole purpose of enforcing orders or directives issued by or under authority of the
186186 157governor. Nothing in this section shall be construed or deemed to prohibit any entry upon private
187187 158property otherwise authorized by law.
188188 159 (4) Allow health care practitioners who are licensed in another state and whose license is
189189 160in good standing to provide health care in any area affected by the emergency.
190190 161 (5) Notwithstanding the provisions of chapter 32 of the General Laws or any other
191191 162applicable law, retired employees of the commonwealth who previously served in emergency
192192 163management or related roles may be temporarily employed by the agency to perform disaster
193193 164emergency operations functions during a declared state of emergency or other urgent operational 9 of 16
194194 165needs. Such temporary employment shall not be subject to the restrictions on earnings or hours
195195 166worked imposed by chapter 32, provided that the duration of such employment does not exceed
196196 167the period necessary to address the emergency or operational need. Retired personnel engaged
197197 168under this section shall retain their status as retirees and shall not accrue additional creditable
198198 169service or retirement benefits as a result of such temporary employment. Compensation for such
199199 170personnel shall be established by the agency and shall not exceed their pre-retirement rate of pay.
200200 171 (b) Whoever violates any provision of any order or directive issued by the governor
201201 172pursuant to sections 5 or 6 of this chapter shall be punished by imprisonment of not more than
202202 173one year, or by a fine of not more than five hundred dollars, or both, unless the conduct in
203203 174question is covered by existing law and sets forth a greater punishment for the violation.
204204 175 Section 7: State Emergency Operations Center
205205 176 Section 7. (a) The agency shall establish a State Emergency Operations Center (SEOC) at
206206 177a facility to serve as the central coordination hub for all emergency management operations
207207 178within the commonwealth. The SEOC shall serve as the primary location for state-level decision-
208208 179making, resource allocation, and operational coordination during emergencies and disasters. The
209209 180SEOC shall be responsible for ensuring a unified and effective response by coordinating efforts
210210 181among federal, state, local, private sector, and nonprofit entities. It shall also oversee the
211211 182implementation of the Massachusetts Comprehensive Emergency Management Plan during
212212 183incidents requiring a state-level response.
213213 184 (b) Each state agency designated as an emergency response agency by the director shall
214214 185assign a minimum of two qualified personnel to serve as liaison officers to the SEOC. These
215215 186liaison officers shall be tasked with facilitating communication, resource management, and 10 of 16
216216 187operational support between their respective agencies and the SEOC. The SEOC shall maintain
217217 188operational readiness at all times and shall be activated by the governor or director during
218218 189emergencies, disasters, and other significant incidents requiring state-level coordination.
219219 190 Section 8: State Emergency Management Plan
220220 191 Section 8. The director shall establish and publish a comprehensive emergency
221221 192management plan for the commonwealth. This plan shall establish the framework in which the
222222 193emergency response and recovery actions of all levels of government can be effectively
223223 194integrated and coordinated. The plan shall be an all-hazards document and shall provide a
224224 195comprehensive approach for planning for, responding to and recovering from an emergency. The
225225 196plan shall encompass all aspects of pre-emergency preparedness and post-emergency response,
226226 197recovery, and mitigation. Specifically, the plan shall: (a) establish the fundamental policies, basic
227227 198program strategies, assumptions, and mechanisms through which the commonwealth will
228228 199mobilize resources and conduct activities to guide and support local emergency management
229229 200efforts during response, recovery, and mitigation; (b) establish a concept of operations for the
230230 201direction and control of an emergency from initial monitoring through post-disaster response and
231231 202recovery; (c) define the inter-agency coordination mechanism that facilitates delivery of state
232232 203assistance and establishment of state direction and control over response and recovery assistance
233233 204provided by other states and/or the federal government; (d) assign functional responsibilities to
234234 205appropriate executive offices of the commonwealth as well as to specific state agencies, private
235235 206sector groups, and volunteer organizations; (e) assess the various levels of emergencies likely to
236236 207occur within the commonwealth, and the corresponding response and recovery actions needed to
237237 208recover from them. 11 of 16
238238 209 Section 9: Personnel
239239 210 Section 9. (a) The agency is authorized to deploy emergency response personnel, teams,
240240 211equipment, and other resources of the commonwealth, political subdivisions, non-profit or
241241 212private sector as state resources to support emergency management operations within or beyond
242242 213the state, as necessary to reinforce local, regional, state, or national emergency management
243243 214efforts. Emergency management resources, including personnel and teams, shall be deployed
244244 215based on the critical needs of the situation, taking into account the plans and priorities of the
245245 216commonwealth, the Federal Government, and other states. Such deployments shall be initiated
246246 217upon the orders of the agency and shall support emergency management activities in any part of
247247 218the commonwealth or, under agreed conditions, in other states.
248248 219 (b) Personnel deployed as part of emergency management resources shall: (1) as
249249 220employees of the commonwealth, retain all powers, duties, rights, privileges, and immunities
250250 221associated with their employment and continue to receive their regular compensation and; (2) as
251251 222employees of a political subdivision of the commonwealth, retain all powers, duties, rights,
252252 223privileges, and immunities associated with their employment and continue to receive their
253253 224regular compensation while serving within or beyond their political subdivision.
254254 225 (c) All personnel deployed under this section shall be subject to the operational control of
255255 226the authority in charge of emergency management activities in the area in which they are serving.
256256 227 Section 10: Municipal Abatements
257257 228 Section 10. Any city or town that accepts the provisions of this section may establish a
258258 229program to abate up to one thousand dollars in property taxes due for any fiscal year for a
259259 230resident of the city or town to provide property tax relief for a non-salaried local director of 12 of 16
260260 231emergency management and for individuals who are emergency response workers as defined
261261 232under this chapter, provided such workers are employed by the commonwealth or a political
262262 233subdivision thereof. Such tax relief may provide either (a) an abatement of up to one thousand
263263 234dollars in property taxes due for any fiscal year, or (b) an exemption applicable to the assessed
264264 235value of real or personal property up to an amount equal to the quotient of one million dollars
265265 236divided by the mill rate, in effect at the time of assessment, expressed as a whole number of
266266 237dollars per one thousand dollars of assessed value. A city or town which has accepted the
267267 238provisions of this section may enact the necessary local by-laws, ordinances, rules or regulations
268268 239to effectuate the provisions of this section.
269269 240 Section 11: Nuclear Power Preparedness
270270 241 Section 11. (a) The director shall designate certain areas of the commonwealth as nuclear
271271 242power planning areas. The director shall publish and release to local officials of each political
272272 243subdivision within such areas preparedness and response plans which will permit the residents of
273273 244said areas to evacuate or take other protective actions in the event of a nuclear accident. Copies
274274 245of such plans shall be made available to the public upon request for a fee which is not to exceed
275275 246the cost of reproduction. The director shall also publish and release through local officials to the
276276 247residents of the said areas emergency public information. Such information shall include warning
277277 248and alerting provisions, evacuation routes, reception areas, and other recommended actions for
278278 249each area.
279279 250 (b) The director or designee shall annually review the preparedness and response plans
280280 251with regard for, but not limited to, such factors as changes in traffic patterns, population
281281 252densities, and new construction of schools, hospitals, industrial facilities, and the like. Where 13 of 16
282282 253such factors justify a revision of the preparedness and response plan, the director shall notify the
283283 254appropriate state and local officials and make recommended changes to the plan.
284284 255 (c) In the event of any emergency or threatened emergency that involves a release of
285285 256radiation, the radiation control program of the department of public health shall be notified.
286286 257 Section 12: Emergency Response Worker Compensation and Leave
287287 258 Section.12 (a) Any employee of the commonwealth or of any political subdivision may
288288 259be granted a leave of absence with pay for the purpose of serving as an emergency response
289289 260worker performing emergency response functions. Any other employer may grant a leave of
290290 261absence with or without pay to an employee for the purpose of serving as an emergency response
291291 262worker performing emergency response functions. Said leave shall be approved at the discretion
292292 263of the employer, public or private. In determining whether to grant said leave, the employer
293293 264should consider the specialized expertise an employee may possess which could enhance the
294294 265ability of the commonwealth to prepare for, respond to, and recover from an emergency.
295295 266 (b) An employee who is granted a leave of absence with pay pursuant to this section shall
296296 267be compensated by the employee's employing agency at the employee's regular rate of pay for
297297 268those regular work hours during which the employee is absent from work, but in no event shall
298298 269the employee receive overtime pay, shift differential pay, hazardous duty pay or any other form
299299 270of compensation in addition to the employee's regular pay. An employee who is granted leave
300300 271pursuant to this section shall not lose any already existing insurance or health care coverage,
301301 272seniority or any previously accrued vacation time, sick time, personal days, compensation time
302302 273or earned overtime due to the employee's granted leave of absence.
303303 274 Section 13: Judicial Administration 14 of 16
304304 275 Section 13. During a state of emergency, the chief justice of the supreme judicial court,
305305 276the chief judge of the superior court, and the chief judge of the district court, shall consult and
306306 277recommend to the governor reasonable steps to maintain the safety and security of court
307307 278personnel, records, and persons held in custody. While courts of the commonwealth, like other
308308 279government facilities, may be ordered to close during a state of emergency, the chief justice of
309309 280the supreme judicial court, the chief judge of the superior court, and the chief judge of the district
310310 281court shall recommend to the governor reasonable steps to open those court facilities affected by
311311 282a state of emergency as soon as it is safe and practicable to do so. Further, the chief justice of the
312312 283supreme judicial court, the chief judge of the superior court, and the chief judge of the district
313313 284court shall work with the members of the judiciary and administrators of the court system to
314314 285temporarily transfer cases among courts to ensure the continued viability and operability of the
315315 286commonwealth's justice system.
316316 287 Section 14: Executive, Constitutional, and Administrative Delegation in the Event of an
317317 288Emergency
318318 289 Section 14. The head of each executive, constitutional, and administrative office or
319319 290agency of the commonwealth, shall designate, by name or position, persons in his or her
320320 291respective department or division who shall exercise, successively, his or her duties in the event
321321 292of his or her absence or disability. Each such designation shall be subject to approval by the
322322 293governor and council and shall be in effect until revoked by the governor who made such
323323 294designation. Persons designated under this section to perform the duties of a department or
324324 295division head in his or her absence or disability shall perform such duties only in succession to
325325 296persons so authorized under any other provision of general or special law. 15 of 16
326326 297 Section 15: Water Emergencies
327327 298 Section 15. Any city or town, water district, water supply district, fire and water district,
328328 299fire district or water company may contract with any other such city, town, district or water
329329 300company for the interconnection of their water distribution systems and for providing and using
330330 301any necessary pumping equipment for the supplying of water for domestic, fire and other
331331 302purposes. The supplying of water for domestic purposes for extended periods shall be subject to
332332 303the provision of section 40 of chapter 40 of the General Laws. Such interconnections made with
333333 304the works of the Massachusetts water resource authority or any municipality, district or water
334334 305company supplied there from shall be subject to the provisions of chapter 92 of the General
335335 306Laws.
336336 307 SECTION 2. Section 7E of chapter 90 is hereby amended by inserting after the words
337337 308“and vehicles specified in section seven D used for transporting school children,” the following
338338 309words:-
339339 310 emergency management and disaster response vehicles.
340340 311 SECTION 3. Section 23B of chapter 149 is hereby repealed.
341341 312 SECTION 4. Group 2 paragraph (g) of sub-division 2 of section 3 of chapter 32, as
342342 313amended by section (1) of Chapter 71 of the acts of 2006, is hereby further amended by inserting
343343 314after the words "officials and employees of the office of public safety and inspections of the
344344 315division of occupational licensure and the division of inspection of the department of fire
345345 316services having police powers;" the following words:- employees of the Massachusetts
346346 317emergency management agency; 16 of 16
347347 318 SECTION 5. Section 64 of chapter 22C is hereby repealed.
348348 319 SECTION 6. Chapter 639 of the Acts of 1950 is hereby repealed.
349349 320 SECTION 7. In any provision of this act or the application thereof to any person or
350350 321circumstance is held invalid, such invalidity shall not affect other provisions or application of the
351351 322act which can be given effect without the invalid provision or application; and to this end the
352352 323provisions of this act are declared to be severable.