THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, YUDICHAK, GORDNER, ERICKSON, COSTA, RAFFERTY, SCHWANK AND D. WHITE, AUGUST 14, 2012

REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, AUGUST 14, 2012  

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, providing for the Pennsylvania

Disaster Emergency Assistance Program; establishing the

Individual Disaster Assistance Grant Program and the Public

Disaster Assistance Grant Program; providing for the deposit

of liquor tax revenues into the Disaster Emergency Assistance

Account; and making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 35 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 79

PENNSYLVANIA DISASTER EMERGENCY

ASSISTANCE PROGRAM

Subchapter

A.  Preliminary Provisions

B.  Individual Disaster Assistance Grant Program

C.  Public Disaster Assistance Grant Program

D.  Miscellaneous Provisions

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

7901.  Short title of chapter.

7902.  Legislative findings and purpose of chapter.

7903.  Definitions.

7904.  Construction.

§ 7901.  Short title of chapter.

This chapter shall be known and may be cited as the

Pennsylvania Disaster Emergency Assistance Act.

§ 7902.  Legislative findings and purpose of chapter.

(a)  Findings.--The General Assembly finds as follows:

(1)  Communities in this Commonwealth are frequently

subject to natural and man-made disasters which cause

significant damage and disruption in the life of the

community but which are not of sufficient magnitude to

qualify for Federal disaster assistance programs.

(2)  These losses have a significant impact on those

directly affected and their communities and on the health and

welfare of the citizens of this Commonwealth's many small

communities.

(b)  Purpose.--It is the purpose of this chapter to create a

State program to provide assistance to individuals and political

subdivisions directly affected by natural and man-made

disasters. State assistance will be limited to grants to help

repair damages to primary residences, personal property and

public facilities. Grants will be made available by the State in

a disaster emergency area only when a Presidential disaster

declaration is not covering the area.

§ 7903.  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:

"Account."  The Disaster Emergency Assistance Account

established under this chapter.

"Adjusted loss."  The difference between:

(1)  eligible loss; and

(2)  covered loss.

"Agency."  The Pennsylvania Emergency Management Agency.

"Covered loss."  Any amount received by or due the recipient

from private insurance and Federal grants and loans, including

applicable State matching funds, on account of an eligible loss.

The term does not include an insurance deductible paid by the

recipient.

"Disaster emergency area."  An area included under a

declaration of disaster emergency issued by the Governor under

section 7301 (relating to general authority of Governor).

"Eligible loss."  Damage, caused by a natural or man-made

disaster in a disaster emergency area, to real property utilized

as a primary residence of the owner, personal property or a

public facility.

"Household."  A social unit living together and comprised of

any of the following:

(1)  Couples or legally married individuals and their

dependents.

(2)  An individual and his dependents.

(3)  Individuals who jointly own a residence and their

dependents.

(4)  Two or more individuals living at the same address,

whether related or not.

"Liquor tax."  The tax imposed under the act of June 9, 1936

(1st Sp.Sess., P.L.13, No.4), entitled as "An act imposing an

emergency State tax on liquor, as herein defined, sold by the

Pennsylvania Liquor Control Board; providing for the collection

and payment of such tax; and imposing duties upon the Department

of Revenue and the Pennsylvania Liquor Control Board."

"Man-made disaster."  Any industrial, nuclear or

transportation accident, explosion, conflagration, power

failure, natural resource shortage or other condition, except

enemy action, resulting from man-made causes, such as oil spills

and other injurious environmental contamination, which threatens

or causes substantial damage to property, human suffering,

hardship or loss of life.

"Natural disaster."  Any hurricane, tornado, storm, flood, 

high water, wind-driven water, tidal wave, earthquake, 

landslide, mudslide, snowstorm, drought, fire, explosion or 

other catastrophe not resulting from a man-made cause which 

results in substantial damage to property, hardship, suffering 

or possible loss of life.

"Personal property."  Clothing, furniture, necessary

household items and appliances and essential tools for

employment or education.

"Public facility."  Any facility which is owned, operated or

maintained by a political subdivision of this Commonwealth. The

term shall include:

(1)  buildings and equipment;

(2)  bridges, roads, highways and public ways;

(3)  parks and recreational facilities;

(4)  power generation and distribution facilities,

including natural gas systems, wind turbines, generators,

substations and power lines;

(5)  sanitary sewer systems and wastewater treatment

facilities;

(6)  drainage and flood control facilities;

(7)  water treatment, water storage and water

distribution facilities; and

(8)  any other improvement or infrastructure.

§ 7904.  Construction.

Grants under this chapter shall be made to individuals and

political subdivisions in a disaster emergency area for which no

Presidential disaster declaration has been issued. There shall

be a grant program under this chapter for individuals known as

the Individual Disaster Assistance Grant Program. There shall be

a grant program under this chapter for political subdivisions

known as the Public Disaster Assistance Grant Program.

SUBCHAPTER B

INDIVIDUAL DISASTER ASSISTANCE GRANT PROGRAM

Sec.

7911.  Establishment.

7912.  Eligibility.

7913.  Application for and issuance of grant.

7914.  Use of grant funds.

§ 7911.  Establishment.

The Individual Disaster Assistance Grant Program is

established within the agency to provide grants to individuals

for assistance with repair of disaster-related damage.

§ 7912.  Eligibility.

To be eligible for a grant under this subchapter, an

individual must meet all of the following:

(1)  Suffer eligible loss which is not covered by

insurance.

(2)  Not be entitled to compensation for the eligible

loss under eminent domain proceedings.

(3)  Have a household income which does not exceed 200%

of the Federal poverty income guidelines.

§ 7913.  Application for and issuance of grant.

(a)  Application.--The procedure for applying for a grant

under this subchapter shall be as follows:

(1)  An individual must apply for a grant on a form

furnished by the agency, setting forth the facts establishing

eligibility and certifying that if approved all funds

received will be used for purposes approved by the agency. An

application under this paragraph is subject to 18 Pa.C.S. §

4904 (relating to unsworn falsification to authorities). The

application must be submitted within 60 days following the

declaration of a disaster emergency. Only one individual may

apply per household.

(2)  The agency shall investigate the application to

determine eligibility.

(3)  Within 30 days of receipt of the application, the

agency shall make an eligibility determination. An

eligibility determination under this paragraph is a final

order of the agency subject to review under 2 Pa.C.S. Ch. 7

Subch. A (relating to judicial review of Commonwealth agency

action).

(b)  Issuance.--For each individual determined to be eligible

under subsection (a)(3), the agency shall verify the adjusted

loss. The maximum grant allowed under the Individual Disaster

Assistance Grant Program is $10,000 or the adjusted loss,

whichever is less.

§ 7914.  Use of grant funds.

Grant funds issued under the Individual Disaster Assistance

Grant Program may be used for the following disaster-related

expenses: 

(1)  Assisting in repair or replacement of the owner-

occupied primary residence, including mobile homes. Funds may

be used for removal of disaster-generated debris but may not

be used for landscaping.

(2)  Repair, replacement or cleaning of personal

property.

(3)  Repair or replacement of a motor vehicle which is

registered to the applicant and essential for transportation.

(4)  Temporary housing.

(5)  Funeral expenses.

(6)  Medical or dental expenses.

SUBCHAPTER C

PUBLIC DISASTER ASSISTANCE GRANT PROGRAM

Sec.

7921.  Establishment.

7922.  Eligibility.

7923.  Application for and issuance of grant.

7924.  Use of grant funds.

§ 7921.  Establishment.

The Public Disaster Assistance Grant Program is established

within the agency to provide grants to political subdivisions

for assistance with repair of disaster-related damage. The

program under this subchapter is intended to provide assistance

to political subdivisions in a disaster emergency area when the

damages to public facilities are beyond the financial

capabilities of the political subdivision.

§ 7922.  Eligibility.

To be eligible for a grant under this subchapter, a political

subdivision must suffer eligible loss which is not covered by

insurance.

§ 7923.  Application for and issuance of grant.

(a)  Application.--The procedure for applying for a grant

under this subchapter shall be as follows:

(1)  A political subdivision must apply for a grant on a

form furnished by the agency, setting forth the facts

establishing eligibility and certifying that if approved all

funds received will be used for purposes approved by the

agency. An application under this paragraph is subject to 18

Pa.C.S. § 4904 (relating to unsworn falsification to

authorities). The application must be submitted within 60

days following the declaration of a disaster emergency.

(2)  The agency shall investigate the application to

determine eligibility.

(3)  Within 30 days of receipt of the application, the

agency shall make an eligibility determination. An

eligibility determination under this paragraph is a final

order of the agency subject to review under 2 Pa.C.S. Ch. 7

Subch. A (relating to judicial review of Commonwealth agency

action).

(b)  Issuance.--For each political subdivision determined to

be eligible under subsection (a)(3), the agency shall verify the

adjusted loss. The maximum grant allowed under the Public

Disaster Assistance Grant Program is 50% of the eligible loss.

§ 7924.  Use of grant funds.

Grant funds issued under the Public Disaster Assistance Grant

Program may be used to assist in the repair or replacement of

public facilities due to disaster-related damages. Funds may

also be used for disaster-related debris removal or to demolish

a public facility if the facility was made unsafe by the

disaster.

SUBCHAPTER D

MISCELLANEOUS PROVISIONS

Sec.

7931.  Disaster Emergency Assistance Account.

7932.  Powers and duties of agency.

7933.  Audit by Auditor General.

§ 7931.  Disaster Emergency Assistance Account.

(a)  Establishment.--A restricted account is hereby

established in the State Treasury to be known as the Disaster

Emergency Assistance Account. The account shall be for the

purpose of making grants that shall be provided by the agency to

individuals and political subdivisions eligible for assistance

under the Individual Disaster Assistance Grant Program and the

Public Disaster Assistance Grant Program.

(b)  Transfer.--The Department of Revenue shall annually

transfer $16,000,000 of the revenue received by the Commonwealth

pursuant to the imposition of the liquor tax from the General

Fund to the account for the fiscal year July 1, 2012, through

June 30, 2013, and each fiscal year thereafter.

(c)  Appropriation.--Moneys transferred to the account are

hereby appropriated from the account for the payment of grants

authorized under Subchapters B (relating to Individual Disaster

Assistance Grant Program) and C (relating to Public Disaster

Assistance Grant Program).

(d)  Lapse.--At the end of each fiscal year, designated funds

which are not expended shall lapse to the General Fund.

§ 7932.  Powers and duties of agency.

The agency shall have the following duties and

responsibilities:

(1)  Administer this chapter.

(2)  Promulgate any regulations necessary to implement

and administer this chapter which include:

(i)  Development of additional procedures or

requirements for the submission of grant applications.

(ii)  Development of procedures to verify adjusted

loss.

(iii)  Development of criteria for the determination

of the amount of assistance to be given to an individual

or political subdivision.

§ 7933.  Audit by Auditor General.

The Auditor General shall conduct a performance audit

annually to determine the effectiveness of this chapter. The

Auditor General shall report the audit findings annually to the

General Assembly.

Section 2.  This act shall take effect July 1, 2012, or

immediately, whichever is later.