THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, BLAKE, GORDNER, YAW, YUDICHAK, PILEGGI, COSTA, ARGALL, BOSCOLA, ERICKSON, FARNESE, FONTANA, GREENLEAF, PIPPY, MENSCH, RAFFERTY, SCHWANK, SMUCKER, TARTAGLIONE, BREWSTER, DINNIMAN, FERLO, HUGHES, KASUNIC, KITCHEN, LEACH, SOLOBAY, STACK, WASHINGTON, WILLIAMS AND WOZNIAK, SEPTEMBER 28, 2011

REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, SEPTEMBER 28, 2011  

AN ACT

Establishing and making an appropriation for the Supplemental

Individual Assistance Program for individuals suffering

losses because of Hurricane Irene and Tropical Storm Lee; and

making an appropriation of certain tax amnesty revenues to

the Governor for payment of the Commonwealth's share to

secure individual assistance from the Federal Government.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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

Act for September 2011.

Section 2.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  Hurricane Irene and Tropical Storm Lee impacted many

counties of this Commonwealth causing substantial damage to

residences and personal property.

(2)  Federal emergency declarations designated certain

areas as eligible for individual and family disaster relief.

(3)  The combination of private insurance and Federal

grants and loans may provide insufficient compensation for

individual and family losses in some instances.

(4)  Pursuant to section 17(b) of Article VIII of the

Constitution of Pennsylvania, the Commonwealth should provide

additional aid to certain individuals to supplement

compensation received from private insurance and the Federal

Government.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Account."  The Supplemental Individual Assistance Program

Account established under section 5.

"Adjusted loss."  The difference between:

(1)  eligible loss; and

(2)  covered loss.

"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.

"Department."  The Department of Public Welfare of the

Commonwealth.

"Eligible loss."  Damage caused by Hurricane Irene and

Tropical Storm Lee to real property utilized as a primary

residence of the owner or personal property which is eligible

for individual or family assistance under The Robert T. Stafford

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

88 Stat. 143). This paragraph does not include an item used

principally for recreational purposes.

"Program."  The Supplemental Individual Assistance Program

established under section 6.

Section 4.  Powers and duties of the department.

The department shall have the following duties and

responsibilities:

(1)  Administer the program under section 6 pursuant to

guidelines developed by the department.

(2)  Develop a plan to publicize the program in those

areas most severely affected by Hurricane Irene and Tropical

Storm Lee.

Section 5.  Restricted account.

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

established in the State Treasury to be known as the

Supplemental Individual Assistance Program Account. The account

shall be for the purpose of making grants that shall be provided

by the department to individuals and families eligible for

assistance under the program authorized under section 6 for

losses associated with Hurricane Irene and Tropical Storm Lee

and for payment of the Commonwealth's share necessary to secure

individual and family assistance from the Federal Government

under the provisions of the Robert T. Stafford Disaster Relief

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

(b)  Transfer.--The sum of $20,000,000 is transferred from

the General Fund to the account.

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

hereby appropriated from the account for allocation by the

Governor for payment of the Commonwealth's share necessary to

secure individual and family assistance from the Federal

Government under the provisions of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act and for the payment

of grants authorized under section 6.

(d)  Termination.--The program and account shall terminate on

June 30, 2012. Any moneys remaining in the account that are

unexpended or unencumbered on that date shall be transferred to

the General Fund.

(e)  Construction.--This section shall be liberally construed

to secure all available Federal funding for individual and

family assistance. Nothing in this subsection may supplant or

replace any funds otherwise available from the Federal

Government.

Section 6.  Supplemental Individual Assistance Program.

(a)  Establishment.--There is hereby established the

Supplemental Individual Assistance Program.

(b)  Eligibility.--To be eligible for a grant, an individual

must meet all of the following:

(1)  Suffer eligible loss.

(2)  Not be entitled to compensation for the eligible

loss under eminent domain proceedings.

(3)  Have a household income from 2010 which does not

exceed 300% of the 2010 poverty income guidelines.

(4)  Have applied to the Federal Government for

individual or family assistance under The Robert T. Stafford

Disaster Relief and Emergency Assistance Act (Public Law

93-288, 88 Stat. 143) and have received the maximum total

allowable amount pursuant to Federal law.

(c)  Procedure.--

(1)  An individual must apply for a grant under this

section on a form furnished by the department, setting forth

the facts establishing eligibility. An application under this

paragraph is subject to 18 Pa.C.S. § 4904 (relating to

unsworn falsification to authorities).

(2)  The department shall investigate the application to

determine eligibility.

(3)  Within 60 days of receipt of the application, the

department shall make an eligibility determination. An

eligibility determination under this paragraph is a final

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

7 Subch. A (relating to judicial review of Commonwealth

agency action).

(4)  Failure of the department to comply with the time

requirement of paragraph (3) shall be deemed a determination

of eligibility.

(d)  Grants.--

(1)  For each recipient determined to be eligible under

subsection (c)(3) or (4), the department shall determine the

adjusted loss.

(2)  Grants shall be made to recipients as follows:

(i)  75% of the adjusted loss for individuals or

families with incomes less than 150% of poverty.

(ii)  50% of the adjusted loss for individuals or

families with incomes between 150% and 300% of poverty.

(3)  The maximum grant allowed from the account is

$10,000.

Section 7.  Effective date.

This act shall take effect immediately.