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                                 HOUSE AMENDED
        PRIOR PRINTER'S NO. 896                       PRINTER'S NO. 1235

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 793 Session of 2001


        INTRODUCED BY WENGER, WAUGH AND MADIGAN, APRIL 17, 2001

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 20, 2001

                                     AN ACT

     1  Amending the act of December 13, 1999 (P.L.905, No.57), entitled
     2     "An act providing for emergency drought relief, for
     3     commercial orchard and fruit tree nursery indemnity, for
     4     grants for flood damage and for powers and duties of the
     5     Department of Agriculture; establishing the Supplemental
     6     Individual Assistance Program; providing for payment of the
     7     Commonwealth's share to secure individual assistance from the
     8     Federal Government; and making appropriations," PROVIDING FOR  <--
     9     LOANS AND GRANTS TO VICTIMS OF SMALL DISASTERS; AND further
    10     providing for appropriations.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 5102(a), (b) and (c) of the act of         <--
    14  December 13, 1999 (P.L.905, No.57), known as the Drought,
    15  Orchard and Nursery Indemnity and Flood Relief Act, amended June
    16  22, 2000 (P.L.475, No.65), are amended to read:
    17     SECTION 1.  THE ACT OF DECEMBER 13, 1999 (P.L.905, NO.57),     <--
    18  KNOWN AS THE DROUGHT, ORCHARD AND NURSERY INDEMNITY AND FLOOD
    19  RELIEF ACT, IS AMENDED BY ADDING A CHAPTER TO READ:
    20                             CHAPTER 9


     1                          PENNCRISIS FUND
     2  SECTION 901.  LEGISLATIVE FINDINGS.
     3     THE GENERAL ASSEMBLY FINDS THAT MANY COMMUNITIES IN THIS
     4  COMMONWEALTH FREQUENTLY ARE SUBJECT TO NATURAL AND MANMADE
     5  DISASTERS WHICH CAUSE SIGNIFICANT DAMAGE AND DISRUPTION IN THE
     6  LIFE OF THE COMMUNITY BUT WHICH ARE NOT OF SUFFICIENT MAGNITUDE
     7  TO QUALIFY FOR FEDERAL DISASTER ASSISTANCE PROGRAMS.
     8  NEVERTHELESS, THESE LOSSES ARE OF CONSIDERABLE IMPORTANCE TO
     9  THOSE DIRECTLY AFFECTED AND THEIR COMMUNITIES AND TO THE HEALTH
    10  AND WELFARE OF THE CITIZENS OF THIS COMMONWEALTH'S MANY SMALL
    11  COMMUNITIES.
    12  SECTION 902.  DEFINITIONS.
    13     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    14  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    15  CONTEXT CLEARLY INDICATES OTHERWISE:
    16     "AGENCY."  THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.
    17     "FUND."  THE SMALL DISASTER ASSISTANCE FUND CREATED UNDER
    18  THIS CHAPTER.
    19     "SMALL DISASTER."  AN EVENT WHICH RESULTS IN TOTAL UNINSURED
    20  LOSSES, FOR ALL INDIVIDUALS, BUSINESSES AND MUNICIPALITIES, OF
    21  NOT MORE THAN $2,000,000 AND WHICH OCCURRED AFTER JUNE 30, 1999,
    22  AND FALLS BELOW THE CURRENT FEDERAL GUIDELINES FOR FEDERAL
    23  DISASTER ASSISTANCE BUT WHICH INVOLVES:
    24         (1)  DAMAGE EXCEEDING 40% OF THE VALUE OF A STRUCTURE AND
    25     CONTENTS OF AT LEAST FIVE HOMES OR TWO BUSINESSES;
    26         (2)  LOSS OF LIFE; OR
    27         (3)  TOTAL ESTIMATED DAMAGES OF AT LEAST $250,000 TO
    28     PUBLIC FACILITIES.
    29  SECTION 903.  SMALL DISASTER ASSISTANCE FUND.
    30     (A)  FUND CREATED.--THERE IS CREATED WITHIN THE PENNCRISIS
    20010S0793B1235                  - 2 -

     1  PROGRAM A SMALL DISASTER ASSISTANCE FUND TO ASSIST THE VICTIMS
     2  OF NATURAL AND MANMADE DISASTERS WITH LOW-INTEREST LOANS AND
     3  GRANTS. ASSISTANCE SHALL NOT BE AVAILABLE TO A PERSON THAT OWNS
     4  PROPERTY WITHIN A 100-YEAR FLOOD PLAIN AND THAT DOES NOT HAVE
     5  FLOOD INSURANCE. ALL LOAN REPAYMENTS SHALL BE PLACED IN THE FUND
     6  TO BE USED FOR THE PURPOSES OF THIS ACT.
     7     (B)  COORDINATION AND ADMINISTRATION OF FUND.--ALL FIELD AND
     8  OTHER ACTIVITIES OF THE FUND SHALL BE COORDINATED BY THE AGENCY,
     9  INCLUDING BUDGETARY ALLOCATIONS FROM THE PENNCRISIS FUND TO THE
    10  VARIOUS OBJECTS OF PENNCRISIS AND REPORTS TO THE GENERAL
    11  ASSEMBLY ON PROGRAM PERFORMANCE AND NEEDS. FINAL AUTHORITY ON
    12  ALL INDIVIDUAL REQUESTS FOR ASSISTANCE FROM THE FUND SHALL REST
    13  WITH THE ADMINISTERING AGENCIES. PROGRAM ELEMENTS OF THE FUND
    14  SHALL BE ADMINISTERED AS FOLLOWS:
    15         (1)  FOR RESIDENTIAL HOUSING NEEDS, THE PENNSYLVANIA
    16     HOUSING FINANCE AGENCY.
    17         (2)  FOR RESIDENTIAL CONTENTS AND VEHICLES, THE
    18     DEPARTMENT OF PUBLIC WELFARE.
    19         (3)  FOR BUSINESS AND MUNICIPAL PROGRAMS, THE DEPARTMENT
    20     OF COMMUNITY AND ECONOMIC DEVELOPMENT.
    21     (C)  SMALL DISASTER DECLARATIONS.--A COUNTY EMERGENCY
    22  MANAGEMENT DIRECTOR MAY PETITION THE AGENCY FOR A DECLARATION OF
    23  A SMALL DISASTER. THE AGENCY'S DETERMINATION ON THE PETITION
    24  SHALL BE DEEMED A FINAL ORDER, SUBJECT TO REVIEW UNDER 2 PA.C.S.
    25  CH. 7 SUBCH. A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH
    26  AGENCY ACTION).
    27  SECTION 904.  LOW-INTEREST LOANS TO SMALL DISASTER VICTIMS.
    28     ALL LOANS SHALL BEAR INTEREST FOR THE ENTIRE TERM AT A RATE
    29  NO GREATER THAN THE ANNUAL COST OF LIVING IN THE YEAR IN WHICH
    30  THE LOAN IS GRANTED. INTEREST RATES SHALL BE REVIEWED BY THE
    20010S0793B1235                  - 3 -

     1  ADMINISTERING AGENCY AT THE BEGINNING OF EACH FISCAL YEAR BASED
     2  ON GUIDANCE FROM THE OFFICE OF THE BUDGET AND ADJUSTED IN
     3  ACCORDANCE WITH THE PRIOR YEAR'S COST OF LIVING. ALL LOANS SHALL
     4  COVER ONLY THAT PORTION OF LOSS NOT COVERED BY INSURANCE. LOANS
     5  TO BUSINESSES AND RESIDENTIAL LOANS SHALL BE EXTENDED TO
     6  INCORPORATE EXISTING DEBT ON THE REAL PROPERTY AND CONTENTS.
     7  SECTION 905.  BUSINESS AND MUNICIPAL LOANS.
     8     (A)  BUSINESS LOANS.--
     9         (1)  LOANS TO BUSINESSES AND MUNICIPALITIES SHALL BE FOR
    10     A TERM OF NO MORE THAN 15 YEARS, EXCEPT WHERE THE TERM IS
    11     EXTENDED BY HARDSHIP SUSPENSIONS OF PAYMENTS. BUSINESS LOANS
    12     SHALL BE SECURED BY A MORTGAGE ON REAL PROPERTY OF THE
    13     BUSINESS OR OTHER SUITABLE COLLATERAL.
    14         (2)  BUSINESS LOANS MAY BE USED TO REPAIR OR REPLACE ALL
    15     OF THE FOLLOWING WHEN LOST OR SERIOUSLY DAMAGED DUE TO A
    16     SMALL DISASTER:
    17             (I)  FIXED EQUIPMENT.
    18             (II)  MAJOR MOVEABLE EQUIPMENT.
    19             (III)  FURNISHINGS.
    20             (IV)  REAL PROPERTY.
    21             (V)  LEASEHOLD IMPROVEMENTS.
    22             (VI)  INVENTORY, IF IT CAN BE SHOWN THAT AN INSURANCE
    23         POLICY AT A REASONABLE PREMIUM IN RELATION TO VALUE WAS
    24         NOT AVAILABLE TO REPLACE THE INVENTORY.
    25         (3)  AT THE DISCRETION OF THE DEPARTMENT OF COMMUNITY AND
    26     ECONOMIC DEVELOPMENT, INDIVIDUAL BUSINESS LOANS MAY BE
    27     INCREASED UP TO 150% OF ELIGIBLE REPAIR OR REPLACEMENT COSTS
    28     TO ASSIST IN BUSINESS RETENTION AND RECOVERY. THE SUM OF ALL
    29     BUSINESS LOANS MAY NOT EXCEED MORE THAN ONE-HALF OF ALL FUNDS
    30     AVAILABLE FOR EXPENDITURE IN THE PENNCRISIS FUND IN ANY
    20010S0793B1235                  - 4 -

     1     FISCAL YEAR.
     2     (B)  MUNICIPAL LOANS.--MUNICIPAL AND COUNTY LOANS MAY BE USED
     3  FOR REPAIRING OR REPLACING ALL OF THE FOLLOWING WHEN LOST OR
     4  SERIOUSLY DAMAGED DUE TO A SMALL DISASTER:
     5         (1)  BUILDINGS.
     6         (2)  MAJOR EQUIPMENT OTHER THAN VEHICLES, PLOWS, BACKHOES
     7     AND SIMILAR GASOLINE OR DIESEL POWERED MOBILE MACHINERY.
     8         (3)  OFFICE MACHINES.
     9         (4)  STREETS.
    10         (5)  WATER AND SEWER LINES.
    11         (6)  RECREATIONAL FACILITIES.
    12  SECTION 906.  RESIDENTIAL LOANS.
    13     (A)  GENERAL RULE.--RESIDENTIAL LOANS MAY BE MADE ONLY FOR
    14  THE REPLACEMENT OR REPAIR OF THE STRUCTURE OF A PRIMARY
    15  RESIDENCE AND MUST BE SECURED BY A MORTGAGE ON THE REAL PROPERTY
    16  THAT IS THE SUBJECT OF THE LOAN. TENANTS WHO HAVE BEEN FORCED
    17  FROM A PRIMARY RENTAL RESIDENCE BY A SMALL DISASTER ARE ELIGIBLE
    18  FOR LOANS TO PURCHASE A HOME APPROXIMATELY EQUIVALENT TO THEIR
    19  PRIOR RESIDENCE IN SIZE BUT NO SMALLER THAN 400 SQUARE FEET PER
    20  INDIVIDUAL OF INTERIOR LIVING SPACE.
    21     (B)  EXCEPTION.--REPAIRS TO LANDSCAPING, PONDS, POOLS AND
    22  OUTBUILDINGS ARE NOT ELIGIBLE FOR PENNCRISIS FUNDING, EXCEPT TO
    23  RESPOND TO SERIOUS HAZARDS RESULTING FROM SMALL DISASTER DAMAGE.
    24  SECTION 907.  GRANTS TO SMALL DISASTER VICTIMS.
    25     (A)  RESIDENTIAL LOANS.--PERSONS, INCLUDING TENANTS, WHO HAVE
    26  LOST CLOTHING, FURNITURE, APPLIANCES, FURNACES, HOT WATER
    27  HEATERS OR OTHER CONTENTS OF THEIR PRIMARY RESIDENCES AS THE
    28  RESULT OF A SMALL DISASTER SHALL BE ELIGIBLE FOR LOW-INTEREST
    29  LOANS NOT TO EXCEED $7,500 PER PERSON IN MULTIPERSON HOUSEHOLDS
    30  AND NOT TO EXCEED $15,000 IN SINGLE PERSON HOUSEHOLDS. THE TOTAL
    20010S0793B1235                  - 5 -

     1  AMOUNT PER HOUSEHOLD SHALL NOT EXCEED $25,000. THE INTEREST RATE
     2  FOR SUCH LOANS SHALL BE THE CURRENT COST OF LIVING IN THE YEAR
     3  OF THE EVENT.
     4     (B)  RESIDENTIAL GRANTS.--IN THE EVENT THAT INDIVIDUAL
     5  FINANCIAL CIRCUMSTANCES INDICATE THAT A PERSON INCURRING LOSSES
     6  DESCRIBED IN SUBSECTION (A) DOES NOT REASONABLY HAVE THE ABILITY
     7  TO REPAY SUCH ADDITIONAL INDEBTEDNESS, THE ADMINISTERING AGENCY
     8  MAY CONVERT SOME OR ALL OF THE AMOUNTS PERMITTED BY SUBSECTION
     9  (A) TO GRANTS.
    10     (C)  EXCESS LOANS.--FOR DOCUMENTABLE LOSSES EXCEEDING THE
    11  AMOUNTS SPECIFIED IN SUBSECTION (A), THE ADMINISTERING AGENCY
    12  MAY MAKE LOANS TO INDIVIDUALS AT AN INTEREST RATE TWICE THE
    13  CURRENT COST OF LIVING.
    14     (D)  CONTENTS LIMITATIONS.--LOANS AND GRANTS FOR CONTENTS
    15  UNDER THIS SECTION SHALL NOT EXCEED ONE-THIRD OF ESTIMATED
    16  MARKET VALUE OF THE RESIDENCE PRIOR TO THE SMALL DISASTER.
    17     (E)  EXCLUSIONS.--PERSONAL ITEMS ELIGIBLE FOR RESIDENTIAL
    18  GRANTS AND LOANS SHALL NOT INCLUDE JEWELRY OR OTHER LUXURY ITEMS
    19  AND SPORTING EQUIPMENT.
    20  SECTION 908.  SMALL DISASTER MITIGATION LOANS AND GRANTS.
    21     (A)  GENERAL RULE.--MUNICIPALITIES AFFECTED BY A SMALL
    22  DISASTER MAY APPLY FOR LOANS AND GRANTS TO RECTIFY CONDITIONS OR
    23  INADEQUATE PUBLIC FACILITIES THAT LED DIRECTLY TO THE SMALL
    24  DISASTER OR CONTRIBUTED SUBSTANTIALLY TO ITS OCCURRENCE OR THE
    25  INABILITY OF LOCAL OFFICIALS TO BRING THE DAMAGE UNDER CONTROL.
    26  SUBJECTS OF SUCH ASSISTANCE SHALL INCLUDE, BUT ARE NOT LIMITED
    27  TO, THE FOLLOWING:
    28         (1)  MISSING OR INADEQUATE STORM SEWERS OR OTHER WATER
    29     MANAGEMENT STRUCTURES, INCLUDING WORK WITHIN STREAM CHANNELS.
    30         (2)  INADEQUATE FIRE HYDRANTS OR RELATED WATER LINES.
    20010S0793B1235                  - 6 -

     1         (3)  WATERSHED PLANS.
     2         (4)  ENGINEERING STUDIES AND DESIGNS NECESSARY TO EFFECT
     3     MITIGATION IMPROVEMENTS.
     4     (B)  LIMITATION.--SMALL DISASTER MITIGATION ASSISTANCE MAY BE
     5  USED ONLY FOR MUNICIPALLY OWNED OR CONTROLLED IMPROVEMENTS.
     6  FIREFIGHTING APPARATUS AND OTHER EMERGENCY SERVICES EQUIPMENT
     7  AND VEHICLES, INCLUDING TRUCKS, TANKERS AND OTHER VEHICLES, ARE
     8  NOT ELIGIBLE FOR MITIGATION ASSISTANCE.
     9     (C)  CHRONIC FLOODING.--THE COORDINATING AGENCY MAY CONSULT
    10  WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION TO IDENTIFY
    11  AREAS OF CHRONIC FLOODING THAT RESULT IN FREQUENT DAMAGE TO
    12  COMMUNITIES BUT WHICH DO NOT RISE TO THE LEVEL OF A SMALL
    13  DISASTER. THE COORDINATING AGENCY, IN CONJUNCTION WITH THE
    14  DEPARTMENT OF ENVIRONMENTAL PROTECTION, MAY USE UP TO 25% OF THE
    15  PENNCRISIS FUND ANNUAL REVENUE, EXCLUSIVE OF CARRYOVER RESERVES,
    16  TO PROVIDE GRANTS AND LOANS TO MUNICIPALITIES TO CORRECT SUCH
    17  CONDITIONS. ASSISTANCE SHALL FOLLOW THE FORMULA SET FORTH IN
    18  SUBSECTION (E).
    19     (D)  HAZARD MITIGATION.--HAZARD MITIGATION LOANS AND GRANTS
    20  SHALL BE SUBJECT TO THE FOLLOWING:
    21         (1)  GRANTS FOR HAZARD MITIGATION WORK SHALL BE NO MORE
    22     THAN $5,000,000 PER EVENT.
    23         (2)  LOW-INTEREST LOANS SHALL BE AVAILABLE FOR THE
    24     BALANCE OF PROJECT WORK NOT COVERED BY A MITIGATION GRANT.
    25         (3)  HAZARD MITIGATION LOANS SHALL BEAR INTEREST AT A
    26     RATE FIXED AT THE CURRENT YEAR'S COST OF LIVING AND SHALL BE
    27     FOR A TERM OF 20 YEARS.
    28     (E)  FORMULA.--GRANTS AND LOANS SHALL BE AWARDED ON THE
    29  FOLLOWING FORMULA:
    30         (1)  MUNICIPALITIES WITH MEDIAN PER CAPITA PERSONAL
    20010S0793B1235                  - 7 -

     1     INCOME GREATER THAN 20% ABOVE THE STATE MEDIAN PER CAPITA
     2     PERSONAL INCOME FOR THE PRECEDING YEAR SHALL BE ELIGIBLE FOR
     3     A MITIGATION GRANT OF 50% OF TOTAL PROJECT COSTS.
     4         (2)  MUNICIPALITIES WITH MEDIAN PER CAPITA PERSONAL
     5     INCOME OF BETWEEN 20% LESS THAN AND 20% GREATER THAN THE
     6     STATE MEDIAN PER CAPITA PERSONAL INCOME FOR THE PRECEDING
     7     YEAR SHALL BE ELIGIBLE FOR A MITIGATION GRANT OF 60% OF TOTAL
     8     PROJECT COST.
     9         (3)  MUNICIPALITIES WITH MEDIAN PER CAPITA PERSONAL
    10     INCOME MORE THAN 20% LESS THAN THE STATE MEDIAN PER CAPITA
    11     PERSONAL INCOME FOR THE PRECEDING YEAR SHALL BE ELIGIBLE FOR
    12     A MITIGATION GRANT OF 70% OF TOTAL PROJECT COST.
    13  SECTION 909.  THE PENNCRISIS FUND.
    14     THERE IS ESTABLISHED UNDER THE JURISDICTION OF THE AGENCY A
    15  FUND TO BE CALLED THE PENNCRISIS FUND.
    16         (1)  BEGINNING WITH SURPLUS REVENUES RECEIVED DURING THE
    17     2001-2002 FISCAL YEAR, REVENUE FOR THE PENNCRISIS FUND SHALL
    18     BE GENERATED BY RESERVING 20% OF EACH YEAR'S SURPLUS REVENUES
    19     TO THE COMMONWEALTH GENERATED BY ALL TAXES AND FEES DEPOSITED
    20     INTO THE GENERAL FUND.
    21         (2)  IN A FISCAL YEAR, NEITHER THE BALANCE NOR THE
    22     REVENUES OF THE PENNCRISIS FUND SHALL EXCEED $100,000,000;
    23     AND THE SUM AVAILABLE FOR EXPENDITURE SHALL NOT EXCEED
    24     $50,000,000.
    25         (3)  REVENUE SHALL BE PLACED INTO A DEDICATED FUND
    26     RESERVED FOR THE PROGRAMS AUTHORIZED UNDER THE PENNCRISIS
    27     FUND. DEPOSITS INTO THE FUND SHALL NOT LAPSE BUT BE CARRIED
    28     FORWARD FROM YEAR TO YEAR. UP TO ONE-HALF OF FUNDS ON RESERVE
    29     AND TO BE EARNED BY THE END OF ANY FISCAL YEAR MAY BE USED TO
    30     PAY THE COMMONWEALTH'S MATCHING SHARE FOR ANY MAJOR DISASTER
    20010S0793B1235                  - 8 -

     1     DECLARED ELIGIBLE FOR FEDERAL ASSISTANCE BY THE PRESIDENT OF
     2     THE UNITED STATES. THE NEED FOR FEDERAL MATCHING FUNDS FOR
     3     ANY SPECIFIC MAJOR DISASTER EVENT MAY NOT ENCUMBER PENNCRISIS
     4     REVENUES IN YEARS BEYOND THE YEAR OF THE MAJOR EVENT.
     5  SECTION 910.  TRAINING, ADMINISTRATION AND OPERATIONS.
     6     (A)  SPECIALIZED STAFF.--THE AGENCY AND EACH ADMINISTERING
     7  AGENCY UNDER SECTION 903 SHALL RECRUIT, TRAIN AND DEVELOP STAFF
     8  SPECIALIZING IN SMALL DISASTER ASSISTANCE IN THEIR RESPECTIVE
     9  PROGRAM AREAS. THE STAFF SECTIONS SHALL BE DEPLOYED BY EACH
    10  ADMINISTERING AGENCY IN RESPONSE TO A DECLARED SMALL DISASTER,
    11  AS DIRECTED BY THE AGENCY. THESE PERSONNEL SHALL ALSO BE
    12  AVAILABLE TO THE AGENCY AT THE DIRECTION OF THE GOVERNOR TO
    13  RESPOND TO ANY MAJOR DISASTER IN THIS COMMONWEALTH.
    14     (B)  FUNDING FOR STAFF.--THE AGENCY AND EACH ADMINISTERING
    15  AGENCY SHALL RECEIVE $1,000,000 ANNUALLY, OR AS MUCH THEREOF AS
    16  IS NECESSARY, FROM THE PENNCRISIS FUND TO CREATE A PERMANENTLY
    17  STAFFED SMALL DISASTER RESPONSE TEAM. WHEN EACH AGENCY'S SMALL
    18  DISASTER RESPONSE TEAM IS DEPLOYED ON ASSIGNMENT, THE
    19  COORDINATING AGENCY SHALL REIMBURSE THE AGENCY FROM THE
    20  PENNCRISIS FUND FOR STANDARD AND NECESSARY TRAVEL AND LIVING
    21  COSTS FOR EACH TEAM DEPLOYED TO THE SMALL DISASTER. EXPENDITURES
    22  UNDER THIS CATEGORY SHALL NOT EXCEED 10% OF THE REVENUE RECEIVED
    23  BY THE PENNCRISIS FUND IN A FISCAL YEAR.
    24     (C)  AUTHORITY TO APPROVE EXPENDITURES.--IN RESPONSE TO ANY
    25  SMALL DISASTER, THE AGENCY SHALL HAVE FINAL AUTHORITY TO APPROVE
    26  EXPENDITURES OF PENNCRISIS FUNDS FOR ANY ADDITIONAL PURPOSES IT
    27  DEEMS NECESSARY TO SMALL DISASTER RECOVERY UNLESS THE USES ARE
    28  NOT SPECIFICALLY PROHIBITED BY THIS CHAPTER.
    29  SECTION 911.  INSURANCE COVERAGE.
    30     ALL LOAN RECIPIENTS SHALL MAINTAIN ADEQUATE PROPERTY
    20010S0793B1235                  - 9 -

     1  INSURANCE COVERAGE FOR THE FULL VALUE OF THE SUBJECT PROPERTY
     2  FOR THE TERM OF THE DISASTER ASSISTANCE LOAN AND SHALL INCLUDE
     3  FLOOD INSURANCE COVERAGE IF THE PROPERTY IS LOCATED WITHIN A
     4  100-YEAR FLOOD PLAIN.
     5     SECTION 2.  SECTION 5102 OF THE ACT, AMENDED JUNE 22, 2000
     6  (P.L.475, NO.65), IS AMENDED TO READ:
     7  Section 5102.  Appropriations.
     8     (a)  Drought relief.--
     9         (1)  The sum of $60,000,000, or as much thereof as may be
    10     necessary, is hereby appropriated to the Department of
    11     Agriculture to carry out the provisions of Chapter 3.
    12         (2)  Any funds not [needed] encumbered for the purposes
    13     of Chapter 3 shall lapse to the General Fund on December 31,
    14     2000.
    15         (3)  Any funds encumbered but not allocated under Chapter
    16     3 shall be transferred to the department for use under
    17     subsection (b).
    18     (b)  Crop insurance.--
    19         (1)  The sum of $5,600,000, or as much as may be
    20     necessary, is hereby appropriated to the Department of
    21     Agriculture to provide payment for crop insurance in an
    22     amount up to 10% of the cost of the insurance premiums and
    23     the total amount of all related fees for producers of
    24     agricultural commodities [during calendar] in years [2000 and
    25     2001] in which funds are appropriated or made available to
    26     the department. If sufficient funds are not available to
    27     provide for up to 10% of the cost of the insurance premiums
    28     and the total amount of all related fees, the [Department of
    29     Agriculture] department shall prorate the available funds
    30     among all the producers of agricultural commodities who
    20010S0793B1235                 - 10 -

     1     applied[. Any unused funds] for and received Federal crop
     2     insurance for that crop year.
     3         (2)  Money under this subsection and subsection (a)(3) is
     4     continuously appropriated to the department, and the
     5     appropriation shall not lapse [into the General Fund on June
     6     30, 2001] at the end of any fiscal year.
     7     (c)  Orchard and nursery indemnity.--The sum of $2,000,000,
     8  or as much thereof as may be necessary, is hereby appropriated
     9  to the Department of Agriculture to carry out the provisions of
    10  Chapter 5. Any funds not needed for the purposes of Chapter 5
    11  shall lapse to the General Fund on June 30, [2001] 2002.
    12     * * *                                                          <--
    13     (D)  PUBLIC ASSISTANCE AND HAZARD MITIGATION.--THE SUM OF      <--
    14  $10,000,000, OR AS MUCH THEREOF AS MAY BE NECESSARY, IS HEREBY
    15  APPROPRIATED TO THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY FOR
    16  THE MATCH REQUIRED FOR FEDERAL DISASTER FUNDS FOR THE AUGUST AND
    17  SEPTEMBER 1999 DISASTERS FOR PUBLIC ASSISTANCE AND HAZARD
    18  MITIGATION TO BE ALLOCATED BY THE OFFICE OF THE BUDGET AMONG
    19  THESE DISASTERS AND PROGRAMS. THIS APPROPRIATION SHALL BE A
    20  CONTINUING APPROPRIATION.
    21     (E)  SUPPLEMENTAL INDIVIDUAL ASSISTANCE PROGRAM.--THE SUM OF
    22  $5,000,000 IS HEREBY APPROPRIATED FROM THE GENERAL FUND FOR
    23  ALLOCATION BY THE GOVERNOR FOR PAYMENT OF THE COMMONWEALTH'S
    24  SHARE NECESSARY TO SECURE INDIVIDUAL AND FAMILY ASSISTANCE FROM
    25  THE FEDERAL GOVERNMENT UNDER THE PROVISIONS OF THE ROBERT T.
    26  STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT (PUBLIC
    27  LAW 93-288, 88 STAT. 143) AND FOR PAYMENT OF SUPPLEMENTAL
    28  INDIVIDUAL ASSISTANCE PROGRAM GRANTS AUTHORIZED PURSUANT TO
    29  CHAPTER 7. THIS SUBSECTION SHALL BE CONSTRUED IN A MANNER WHICH
    30  SECURES THE MAXIMUM AVAILABLE FEDERAL FUNDING FOR INDIVIDUAL AND
    20010S0793B1235                 - 11 -

     1  FAMILY ASSISTANCE. ANY UNUSED FUNDS NOT NEEDED FOR PURPOSES OF
     2  THIS APPROPRIATION SHALL LAPSE TO THE GENERAL FUND ON JUNE 30,
     3  2000.
     4     (F)  OTHER FEDERAL FUNDING.--NOTHING IN THIS ACT SHALL
     5  SUPPLANT OR REPLACE ANY FUNDS OTHERWISE AVAILABLE FROM THE
     6  FEDERAL GOVERNMENT.
     7     Section 2 3.  This act shall take effect immediately.          <--
















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