PRINTER'S NO.  1653

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1271

Session of

2011

  

  

INTRODUCED BY YUDICHAK, BAKER, BLAKE, GORDNER, YAW, PILEGGI, COSTA, ARGALL, BOSCOLA, ERICKSON, FARNESE, FONTANA, GREENLEAF, PIPPY, MENSCH, RAFFERTY, SCHWANK, SMUCKER, TARTAGLIONE, WAUGH, WASHINGTON, WILLIAMS, WOZNIAK, STACK, SOLOBAY, BROWNE, VANCE, BREWSTER, DINNIMAN, FERLO, HUGHES, KASUNIC, KITCHEN AND LEACH, OCTOBER 12, 2011

  

  

REFERRED TO APPROPRIATIONS, OCTOBER 12, 2011  

  

  

  

AN ACT

  

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Itemizing public improvement projects for flood protection and

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flood damage repair to be constructed by the Department of

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General Services, together with their estimated financial

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costs; stating the estimated useful life of the projects;

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making an appropriation; and providing for the adoption of

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specific disaster mitigation or assistance projects to be

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financed from debt incurred under clause (1) of subsection

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(a) of section 7 of Article VIII of the Constitution of

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Pennsylvania.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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CHAPTER 1

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GENERAL PROVISIONS

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Section 101.  Short title.

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This act shall be known and may be cited as the Flood Control

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and Disaster Mitigation Itemization Act of 2011.

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CHAPTER 3

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DISASTER CAPITAL BUDGET PROJECT ITEMIZATIONS

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Section 301.  Short title of chapter.

 


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This chapter shall be known and may be cited as the Disaster

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Capital Budget Project Itemization Act of 2011.

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Section 302.  Total authorization.

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The total authorization for the capital projects in the

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category of public improvement projects itemized in section 3

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and to be constructed by the Department of General Services, its

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successors or assigns, and to be financed from debt incurred

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under clause (1) of subsection (a) of section 7 of Article VIII

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of the Constitution of Pennsylvania shall be $90,000,000.

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Section 303.  Itemization of public improvement projects.

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Additional capital projects in the category of public

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improvement projects to be constructed by the Department of

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General Services, its successors or assigns, and to be financed

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from debt incurred under clause (1) of subsection (a) of section

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7 of Article VIII of the Constitution of Pennsylvania are hereby

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itemized, together with their respective estimated financial

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costs, as follows:

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(a)  Department of Environmental Protection

  

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(1)  Columbia County

  

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(i)  Town of Bloomsburg, Flood

Protection Project

  

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Project Allocation

20,000,000

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(Base Project Allocation-$17,000,000)

  

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(Design & Contingencies-$3,000,000)

  

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(2)  Luzerne County

  

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(i)  City of Wilkes-Barre, Solomon Creek

Flood Control Project

  

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Project Allocation

20,000,000

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(Base Project Allocation-$16,000,000)

  

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(Design & Contingencies-$4,000,000)

  

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(ii)  Exeter Borough, Hicks Creek Flood

Control Project

  

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Project Allocation

1,000,000

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(Base Project Allocation - $1,000,000)

  

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Section 304.  Estimated useful life and term of debt.

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The General Assembly states that the estimated useful life of

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the public improvement projects and flood control projects

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itemized in this chapter is 30 years.

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Section 305.  Federal funds.

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All moneys received from the Federal Government for the

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projects specifically itemized in this chapter are also hereby

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appropriated for those projects.

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Section 306.  Construction.

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(a)  Funding.--Amounts contained in this chapter for any

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project shall not supplant or replace any Federal funds

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authorized by any Federal law or regulation. Funding from this

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chapter for any project is available only to the extent that

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Federal funds are not available for such project.

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(b)  Flood mitigation projects.--Projects that are itemized

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in this chapter are deemed to be flood mitigation projects for

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purposes of and funding under Chapter 5 to the extent that the

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projects qualify under The Robert T. Stafford Disaster Relief

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and Emergency Assistance Act (Public Law 93-288, 88 Stat. 143).

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CHAPTER 5

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DISASTER MITIGATION AND ASSISTANCE PROJECTS

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Section 501.  Short title of chapter.

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This chapter shall be known and may be cited as the Disaster

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Mitigation and Assistance Projects Itemization Act of 2011.

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Section 502.  Definitions.

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The following words and phrases when used in this chapter

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shall have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Disaster."  The period of time in calendar year 2011

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relating to Hurricane Irene and Tropical Storm Lee that was the

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subject of a Presidential declaration of an emergency under The

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Robert T. Stafford Disaster Relief and Emergency Assistance Act

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(Public Law 93-288, 88 Stat. 143).

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Section 503.  Total authorization.

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The total authorization for disaster mitigation projects or

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public assistance projects as defined in The Robert T. Stafford

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Disaster Relief and Emergency Assistance Act (Public Law 93-288,

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88 Stat. 143) and to be financed in part with grants limited to

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the required match for the Federal share of the costs made to

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local political subdivisions or nonprofit organizations where

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applicable as itemized in this chapter is $8,000,000. Projects

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for which no Federal funds are received shall not receive

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funding under this chapter.

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Section 504.  Itemization of disaster mitigation or assistance

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projects.

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The individual disaster mitigation or assistance projects to

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be financed from current revenues or debt are hereby itemized,

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together with their respective estimated financial costs, in the

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following sections.

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Section 505.  Columbia County.

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(a)  Town of Bloomsburg

  

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(1)  Sanitary Sewer Flood Damage

  

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Project Allocation

3,500,000

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(Base Project Allocation-$3,500,000)

  

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Section 506.  Luzerne County.

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(a)  West Pittston Borough

  

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(1)  Sanitary Sewer and Storm

Water Sewer Flood Damage

  

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Project Allocation

3,790,000

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(Base Project Allocation-$3,790,000)

  

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Section 572.  Funds.

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The projects itemized in this chapter shall be funded from

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debt incurred under the provisions of clause (1) of subsection

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(a) of section 7 of Article VIII of the Constitution of

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Pennsylvania.

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Section 573.  State and local participation levels.

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(a)  Public assistance.--The required non-Federal

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contribution of 25% necessary to secure Federal public

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assistance funding shall be divided between the State and the

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affected local political subdivision or nonprofit organization

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where applicable. The State share will be 22%, and the political

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subdivision or nonprofit organization share will be 3%.

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(b)  Local waiver.--The Commonwealth may reduce the share of

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an affected political subdivision if the tax base of that

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political subdivision was substantially reduced as a direct

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result of Hurricane Irene or Tropical Storm Lee or if payment of

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the local share exceeds 40% of the most recently adopted annual

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budget of the political subdivision. The Commonwealth may

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require the adoption of appropriate flood control or storm water

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management plans as a condition of the waiver if the adoption of

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the plan does not present additional financial hardship.

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Section 574.  Federal funds.

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All moneys received from the Federal Government for the

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projects specifically itemized in this chapter are also hereby

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appropriated for those projects.

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Section 575.  Construction.

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Amounts contained in this chapter for any project shall not

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supplant or replace any Federal funds authorized by any Federal

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law or regulation. Funding from this chapter for any project is

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available only to the extent that Federal funds are not

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available for such project.

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CHAPTER 7

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MISCELLANEOUS PROVISIONS

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Section 701.  Constitutional construction.

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The provisions of this act shall be severable and, if any of

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the provisions of this act shall be held unconstitutional, such

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decisions shall not affect the validity of any of the remaining

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provisions of this act. It is hereby declared as the legislative

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intent that this act would have been adopted had such

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unconstitutional provisions not been included in this act.

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Section 702.  Effective date.

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This act shall take effect immediately.

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