PRIOR PRINTER'S NO. 810 PRINTER'S NO. 2136
No. 750 Session of 1987
INTRODUCED BY OLASZ, MANDERINO, IRVIS, PETRARCA, CLARK, TELEK,
DeWEESE, SALOOM, LIVENGOOD, VAN HORNE, SEVENTY, DeLUCA,
GRUITZA, DUFFY, KASUNIC, F. TAYLOR, CAWLEY, TIGUE, BLAUM,
CAPPABIANCA, COHEN, HUTCHINSON, McCALL, STABACK, LAUGHLIN,
LESCOVITZ, COLAFELLA, KUKOVICH, PISTELLA, BELFANTI,
O'DONNELL, DALEY, GEORGE, SWEET, LUCYK, HARPER, MICHLOVIC,
COWELL, MARKOSEK, TRELLO, HERMAN AND VEON, MARCH 9, 1987
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 29, 1987
AN ACT
1 Providing for abandoned mine subsidence emergency assistance.
2 and making a repeal. <--
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Abandoned
7 Mine Subsidence Assistance Act.
8 Section 2. Purpose of act.
9 By this act, the General Assembly of the Commonwealth of
10 Pennsylvania recognizes that the existence of abandoned mine
11 cavities beneath large and populated areas of this Commonwealth
12 poses a continued threat to the health and welfare of the
13 residents of those areas and further recognizes that subsidence
14 over such abandoned mines damages property, jeopardizes public
15 safety and causes economic hardship to property owners.
1 Accordingly, it is the purpose of this act to authorize
2 financial assistance, in the form of grants and loans, to
3 homeowners whose dwellings have been damaged by subsidence over
4 abandoned mine cavities.
5 Section 3. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Department." The Department of Environmental Resources of
10 the Commonwealth.
11 "Dwelling." A structure whose primary use is residential.
12 "Mine subsidence damage." Damage to a dwelling caused by the
13 vertical or lateral movement of the earth as the result of the
14 collapse of an abandoned mine cavity.
15 "Mine subsidence emergency." A condition in which a dwelling
16 sustains mine subsidence damage sufficient to render the
17 structure unsafe for human occupancy.
18 Section 4. Mine Subsidence Assistance Program.
19 (a) Financial assistance.--Whenever a homeowner believes
20 that his dwelling has sustained mine subsidence damage, the
21 homeowner may apply to the department for mine subsidence
22 assistance. The application shall be on a form prepared by the
23 department and shall provide for inspection of the dwelling to
24 determine the nature and extent of the damage. Upon a
25 determination by the department that a dwelling has sustained
26 mine subsidence damage, the department shall grant assistance,
27 as follows:
28 (1) Grants may be awarded only to those homeowners whose
29 dwellings are unsafe for occupancy as a result of a mine
30 subsidence emergency as defined herein and may be awarded to
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1 move persons whose dwellings are destroyed or endangered
2 until the homes are repaired, until there is no further
3 danger of subsidence or until a new permanent residence is
4 found.
5 (2) Loans may be approved at interest rates not to
6 exceed 3% for the repair or replacement of dwellings damaged
7 by mine subsidence. The loans shall be awarded without regard
8 to whether such dwellings are rendered unsafe for occupancy
9 as a result of a mine subsidence emergency as defined. The
10 loan shall be in an amount sufficient to cover the cost of
11 repairing the structural damage to the dwelling, but in no
12 event shall be greater than the replacement cost of the
13 dwelling as determined by an appraiser, as provided for in
14 regulations promulgated pursuant hereto. Loans shall be
15 administered by the department and shall be secured by a lien
16 upon the dwelling being repaired or replaced.
17 (b) Prohibition.--The provisions of this section are not
18 applicable:
19 (1) To homeowners if they are holders of mine subsidence
20 insurance policies pursuant to the act of August 23, 1961
21 (P.L.1068, No.484), entitled, as reenacted and amended, "An
22 act to provide for the creation and administration of a Coal
23 and Clay Mine Subsidence Insurance Fund within the Department
24 of Environmental Resources for the insurance of compensation
25 for damages to subscribers thereto; declaring false oaths by
26 the subscribers to be misdemeanors; providing penalties for
27 the violation thereof; and making an appropriation."
28 (2) If mine subsidence has been detected within a one-
29 half mile radius of the dwelling for which assistance is
30 being applied under this act, and if such subsidence has been
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1 detected within the preceding year but prior to 30 days
2 before assistance is applied for under this act.
3 (c) Insurance required.--Persons receiving assistance under
4 this section shall be required to purchase mine subsidence
5 insurance at such time as the structural damage for which
6 assistance was granted has been repaired if it is deemed by the
7 department that said dwelling is in danger of further damage
8 from mine subsidence.
9 Section 5. Rulemaking.
10 The Environmental Quality Board may promulgate regulations
11 which it deems necessary to carry out the provisions and
12 purposes of this act.
13 Section 6. Public notice.
14 For five consecutive years from the effective date of this
15 act, the department shall undertake appropriate measures to
16 notify the public of the availability of and need for mine
17 subsidence insurance as provided for by the act of August 23,
18 1961 (P.L.1068, No.484), entitled, as reenacted and amended, "An
19 act to provide for the creation and administration of a Coal and
20 Clay Mine Subsidence Insurance Fund within the Department of
21 Environmental Resources for the insurance of compensation for
22 damages to subscribers thereto; declaring false oaths by the
23 subscribers to be misdemeanors; providing penalties for the
24 violation thereof; and making an appropriation."
25 Section 7. Repeal. <--
26 The act of November 8, 1971 (P.L.532, No.136), entitled "An
27 act providing assistance to persons suffering damage from mine
28 subsidence," is repealed.
29 SECTION 7. ALLOCATION OF STATE APPROPRIATION. <--
30 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
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1 THE SUM OF $500,000 FROM THE APPROPRIATION FOR NON-MINE
2 SUBSIDENCE PROJECTS IN SECTION 213 OF THE ACT OF JULY 3, 1987
3 (P.L. , NO.9A), KNOWN AS THE GENERAL APPROPRIATION ACT OF
4 1987, IS HEREBY ALLOCATED TO THE DEPARTMENT OF ENVIRONMENTAL
5 RESOURCES TO CARRY OUT THE PURPOSES OF THIS ACT. ANY
6 UNENCUMBERED FUNDS FROM THIS ALLOCATION SHALL NOT LAPSE BUT
7 SHALL BE AVAILABLE FOR EXPENDITURE FOR THE DURATION OF THIS ACT.
8 Section 8. Expiration.
9 This act shall expire within five years of the effective date
10 of this act.
11 Section 9. Effective date.
12 This act shall take effect in 90 days.
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