PRINTER'S NO. 844
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
767
Session of
2017
INTRODUCED BY MURT, V. BROWN, D. COSTA, MILLARD, READSHAW, ROZZI
AND WATSON, MARCH 9, 2017
REFERRED TO COMMITTEE ON INSURANCE, MARCH 9, 2017
AN ACT
Amending Title 40 (Insurance) of the Pennsylvania Consolidated
Statutes, establishing the Flood Insurance Premium Assistance
Program to provide premium assistance to eligible residents
and businesses of this Commonwealth purchasing flood
insurance; and imposing powers and duties on the Insurance
Department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 40 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART V
SPECIAL PROVISIONS RELATING TO
PARTICULAR CLASSES OF RISK
Chapter
81. Flood Insurance Premium Assistance
CHAPTER 81
FLOOD INSURANCE PREMIUM ASSISTANCE
Subchapter
A. General Provisions
B. Flood Insurance Premium Assistance Program
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SUBCHAPTER A
GENERAL PROVISIONS
Sec.
8101. Scope of chapter.
8102. Legislative findings.
8103. Definitions.
§ 8101. Scope of chapter.
This chapter relates to flood insurance premium assistance.
§ 8102. Legislative findings.
The General Assembly finds and declares as follows:
(1) Pennsylvania is the most flood-prone state in the
nation.
(2) Many communities in this Commonwealth frequently are
subject to flooding that adversely affects means of
livelihood and economic resources and causes significant
damage and disruption in the life of the community but which
is not often of sufficient magnitude to qualify for Federal
disaster assistance programs.
(3) The Commonwealth needs a proactive program to
protect its citizens against the economic damages incurred by
continued flooding, while maintaining its ability to obtain
Federal disaster assistance in the future.
§ 8103. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
" FEMA. " The Federal Emergency Management Agency, which
administers the National Flood Insurance Program.
" Net book premium. " The total premium amount for all
eligible flood insurance policies in this Commonwealth.
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" NFIP. " The National Flood Insurance Program created by the
Congress of the United States in response to the rising cost of
taxpayer-funded disaster relief for flood victims to provide
flood insurance to anyone living in a participating community
that adheres to NFIP floodplain management and development
regulations.
" Program. " The Flood Insurance Premium Assistance Program
established in section 8111 (relating to establishment).
" Providers. " National Flood Insurance Program-approved
insurance providers who sell National Flood Insurance Program
flood insurance in this Commonwealth.
SUBCHAPTER B
FLOOD INSURANCE PREMIUM ASSISTANCE PROGRAM
Sec.
8111. Establishment.
8112. Assistance.
8113. Eligibility.
8114. Assistance when program not funded.
8115. Mitigation.
8116. Administration of program.
8117. Funding.
8118. Implementation.
§ 8111. Establishment.
There is established under the jurisdiction of the department
the Flood Insurance Premium Assistance Program to assist any
eligible resident of this Commonwealth or business in this
Commonwealth in purchasing flood insurance.
§ 8112. Assistance.
An eligible resident or business may receive 15% of the cost
of premiums for that flood insurance in years in which funds are
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appropriated or made available to the department to administer
the program.
§ 8113. Eligibility.
(a) General rule.--A resident of this Commonwealth or
business in this Commonwealth is eligible to participate in the
program if the resident or business either:
(1) has purchased flood insurance prior to the initial
year of the program or purchases flood insurance during or
after the initial year of the program; or
(2) lives in a community participating in the National
Flood Insurance Program.
(b) Termination of coverage.--
(1) Subject to the provisions of paragraphs (2) and (3),
if a participant in the program terminates flood insurance
coverage on the covered property where the participant
resides or conducts business, that participant will not be
eligible for future participation in the program for coverage
on the same property as long as the participant continues to
reside at that property or conduct business at that property.
(2) If a participant moves back to or conducts business
on a property for which that participant had terminated
coverage at a prior date, the participant shall be eligible
for premium assistance under the program upon purchasing
flood insurance for that property after the expiration of one
calendar year.
(3) If a participant purchases a new policy for a
different property, the participant shall be eligible for
premium assistance for the property upon the purchase of
flood insurance for the property.
§ 8114. Assistance when program not funded.
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If an eligible resident or business purchases flood insurance
after the initial year of enactment but in a year in which the
program is not funded and administered, the participant shall be
eligible for premium assistance beginning with the year in which
the program is reenacted.
§ 8115. Mitigation.
If a participant resides at a property determined by FEMA to
be a severe repetitive loss property, the participant shall
accept mitigation offers provided under NFIP or be disqualified
from the program upon the refusal to do so.
§ 8116. Administration of program.
The program shall be administered by the department. The
department shall:
(1) Enter into a contract with FEMA and NFIP-approved
insurance providers to administer the program. The department
may draft and enter into agreements with Federal agencies,
other Commonwealth agencies and private entities as necessary
to implement the program.
(2) Publicize the program through its flood insurance
consumer education plan. The plan shall include, but not be
limited to, informing consumers when the program will be
available, when the program will be discontinued due to
unavailability of funding and when the program will be
reenacted.
(3) In years in which funding has been made available to
the department for the program, notify FEMA and insurance
providers of the department's intent to provide premium
assistance for the following calendar year and to remit
payment to FEMA in a projected amount equal to 15% of the net
book premium to be discounted for all eligible policies in
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effect between January 1 and December 31 of the upcoming
calendar year.
(4) In years in which insufficient funding is made
available to administer the program for the next calendar
year, notify FEMA and insurance providers by November 1 of
the department's intent to discontinue premium assistance for
the following calendar year.
(5) On or before December 31 of years preceding premium
assistance, remit payment to FEMA in a projected amount equal
to 15% of the net book premium for all eligible policies to
be taken out in the following calendar year.
(6) Develop an agreement and procedure with FEMA and
insurance providers to address instances of remittance of
insufficient funding needed by FEMA to provide premium
assistance for any given year. The procedure may include, but
is not limited to, establishing extra payment dates to
provide supplemental funding to FEMA to cover any instances
of insufficient funding or discontinuing the program for the
following calendar year and using those appropriated funds to
compensate FEMA for funding owed.
(7) No later than March 1 of each year, submit a report
to the General Assembly detailing the implementation and
progress of the program. The report shall include the number
of Commonwealth residents who have purchased flood insurance
during the preceding year and comparisons to prior years.
(8) Promulgate rules and regulations necessary to
implement and administer the program.
§ 8117. Funding.
The program shall be administered based on nonlapsing funds
appropriated to the department by the General Assembly.
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§ 8118. Implementation.
The program shall be implemented by the department in the
first full calendar year that occurs after funding is made
available, but no sooner than 90 days after the effective date
of this act.
Section 2. This act shall take effect in 90 days.
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