PRINTER'S NO. 2790
No. 1989 Session of 2007
INTRODUCED BY WANSACZ, SHIMKUS, PASHINSKI, K. SMITH, ARGALL, BELFANTI, BENNINGHOFF, BIANCUCCI, BOBACK, BRENNAN, BUXTON, CARROLL, COHEN, CONKLIN, CURRY, DALLY, DeLUCA, DePASQUALE, DeWEESE, EACHUS, FREEMAN, GEORGE, GERGELY, GIBBONS, GOODMAN, GRUCELA, HALUSKA, HARHAI, HENNESSEY, JAMES, KORTZ, KOTIK, KULA, LEACH, LEVDANSKY, MAHONEY, MAJOR, MANN, McCALL, McILHATTAN, McILVAINE SMITH, MELIO, MILLARD, MUNDY, MYERS, PEIFER, PETRONE, PICKETT, PYLE, RAMALEY, READSHAW, SCAVELLO, SCHRODER, SEIP, SHAPIRO, SIPTROTH, STABACK, SURRA, TANGRETTI, R. TAYLOR, WAGNER, J. WHITE, YOUNGBLOOD, YUDICHAK, FABRIZIO AND THOMAS, OCTOBER 30, 2007
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, OCTOBER 30, 2007
AN ACT 1 Amending Title 35 (Health and Safety) of the Pennsylvania 2 Consolidated Statutes, in Commonwealth services, providing 3 for the Pennsylvania Flood Grant and Assistance Program. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Chapter 73 of Title 35 of the Pennsylvania 7 Consolidated Statutes is amended by adding a subchapter to read: 8 SUBCHAPTER C 9 PENNSYLVANIA FLOOD GRANT AND ASSISTANCE PROGRAM 10 Sec. 11 7331. Definitions. 12 7332. Pennsylvania Flood Grant and Assistance Program. 13 7333. Pennsylvania Flood Assistance Fund.
1 7334. Insurance surcharge. 2 7335. Regulations. 3 7336. Expiration. 4 § 7331. Definitions. 5 The following words and phrases when used in this subchapter 6 shall have the meanings given to them in this section unless the 7 context clearly indicates otherwise: 8 "Business-owner's insurance." An insurance policy purchased 9 by a business owner to insure business property from damage. 10 "Fund." The Pennsylvania Flood Assistance Fund established 11 under this subchapter. 12 "Homeowner's insurance." An insurance policy purchased by a 13 homeowner, including the owner of a condominium or a mobile 14 home, to insure the home or its contents from damage. The term 15 also includes insurance purchased by a tenant to insure the 16 contents of the tenant's residence. 17 "Program." The Pennsylvania Flood Grant and Assistance 18 Program established under this subchapter. 19 § 7332. Pennsylvania Flood Grant and Assistance Program. 20 (a) Establishment.--The Pennsylvania Flood Grant and 21 Assistance Program is established within the agency to provide 22 grants for flood prevention and for assistance with repair of 23 flood-related damage. 24 (b) Flood prevention grants.-- 25 (1) The agency shall coordinate with the Department of 26 Environmental Protection to develop a program that awards 27 grants to individuals, businesses or municipalities for flood 28 prevention projects. Flood prevention projects may include: 29 (i) construction of, improvements to or maintenance 30 of dams, reservoirs or levees; or 20070H1989B2790 - 2 -
1 (ii) stabilization or restoration of stream beds, 2 banks or channels. 3 (2) The grant program shall provide funds for projects 4 approved by the Department of Environmental Protection that 5 are not otherwise receiving Commonwealth funds. 6 (c) Flood repair assistance.-- 7 (1) The agency shall coordinate with the Department of 8 Community and Economic Development to develop a program that 9 awards grants to individuals, businesses or municipalities 10 for assistance with repair of flood-related damage. The 11 assistance may be used for: 12 (i) repair of damage to residences, businesses or 13 municipal buildings; or 14 (ii) repair of damage to roads, bridges, parks or 15 other municipal facilities. 16 (2) Assistance provided under this subsection shall be 17 limited to repairing damage caused by a flood for which no 18 Federal declaration of disaster is made. 19 (3) The assistance shall supplement any coverage through 20 the homeowner's or businesses-owner's insurance policy, and 21 the agency shall ensure that the program's application 22 process establishes that the homeowner's or business-owner's 23 policy is the payer of first resort. 24 § 7333. Pennsylvania Flood Assistance Fund. 25 (a) Establishment.--The Pennsylvania Flood Assistance Fund 26 is established within the State Treasury. All moneys received by 27 the State Treasurer from the Department of Revenue arising from 28 the surcharge imposed in section 7334 (relating to insurance 29 surcharge) shall be credited to the fund. 30 (b) Continuing appropriation.--The moneys in the fund are 20070H1989B2790 - 3 -
1 appropriated on a continuing basis to the agency for 2 distribution to the Department of Environmental Protection or 3 the Department of Community and Economic Development for grants 4 under the program. 5 (c) Use of funds.--Moneys in the fund shall be used 6 exclusively for the purposes set forth in this subchapter and 7 shall not be diverted to any other fund. 8 § 7334. Insurance surcharge. 9 (a) Imposition.--An annual surcharge of $1 is imposed on 10 each homeowner's insurance policy and each business-owner's 11 insurance policy issued in this Commonwealth. This surcharge is 12 a charge additional to the premium for each insurance policy, 13 but nonpayment of the surcharge may provide just cause for 14 cancellation of the policy. 15 (b) Deposit into fund.--The surcharge shall be collected by 16 each insurer issuing homeowner's or businesses-owner's insurance 17 policies, and it shall be remitted to the Department of Revenue 18 quarterly on dates determined by the department for deposit into 19 the fund. 20 § 7335. Regulations. 21 The agency, in consultation with the Department of 22 Environmental Protection, the Department of Community and 23 Economic Development or the Department of Revenue, shall 24 promulgate any regulations necessary to implement the program. 25 § 7336. Expiration. 26 This subchapter shall expire on the sixth anniversary of the 27 effective date of this section. At that time, any moneys in the 28 fund that have not been committed to a specific grant or 29 assistance under the program shall be transferred to the General 30 Fund. 20070H1989B2790 - 4 -
1 Section 2. This act shall take effect in 180 days. I19L35DMS/20070H1989B2790 - 5 -