AN ACT

 

1Amending Title 35 (Health and Safety) of the Pennsylvania
2Consolidated Statutes, providing for <-the Pennsylvania 
3Disaster Emergency Assistance Program; establishing the 
4Individual Disaster Assistance Grant Program and the Public 
5Disaster Assistance Grant Program; providing for the deposit 
6of liquor tax revenues into the Disaster Emergency Assistance 
7Account; and making an appropriation. <-disaster emergency 
8assistance; and establishing the Public Disaster Assistance 
9Grant Program.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Title 35 of the Pennsylvania Consolidated
13Statutes is amended by adding a chapter to read:

14CHAPTER 79

<-15PENNSYLVANIA DISASTER EMERGENCY

16ASSISTANCE <-PROGRAM

17Subchapter

18A. Preliminary Provisions

<-19B. Individual Disaster Assistance Grant Program

20C <-B. Public Disaster Assistance Grant Program

<-1D C. Miscellaneous Provisions

2SUBCHAPTER A

3PRELIMINARY PROVISIONS

4Sec.

57901. Short title of chapter.

67902. Legislative purpose.

77903. Definitions.

87904. Construction.

9§ 7901. Short title of chapter.

10This chapter shall be known and may be cited as the Disaster
11Emergency Assistance Act.

12§ 7902. Legislative purpose.

13It is the purpose of this chapter to create a <-State program
14to provide assistance to <-individuals and political subdivisions
<-15and municipal authorities directly affected by natural and man-
16made disasters. State assistance <-Assistance will be limited to
17grants for projects that do not qualify for Federal assistance
18to help repair damages to <-primary residences, personal property
19and public facilities. Grants will be made available by the
<-20State agency in a disaster emergency area only when a
21Presidential disaster declaration is not covering the area.

22§ 7903. Definitions.

23The following words and phrases when used in this chapter
24shall have the meanings given to them in this section unless the
25context clearly indicates otherwise:

<-26"Account." The Disaster Emergency Assistance Account
27established under this chapter.

28"Adjusted loss." The difference between:

29(1) eligible loss; and

30(2) covered loss.

1"Agency." The Pennsylvania Emergency Management Agency.

2"Covered loss." An amount received by or due the recipient
3from private insurance and Federal grants and loans, including
4applicable State matching funds, related to an eligible loss.
5The term does not include an insurance deductible paid by the
6recipient.

7"Disaster emergency area." An area included under a
8declaration of disaster emergency issued by the Governor under
9section 7301 (relating to general authority of Governor).

10"Eligible loss." Damage to <-real property utilized as a
11primary residence of the owner, personal property or a public
12facility caused by a natural or man-made disaster in a disaster
13emergency area.

<-14"Household." A social unit of individuals living together
15and comprised of any of the following:

16(1) Couples or legally married individuals and their
17dependents.

18(2) An individual and his dependents.

19(3) Individuals who jointly own a residence and their
20dependents.

21(4) Two or more individuals living at the same address,
22whether related or not.

23"Liquor tax." The tax imposed under the act of June 9, 1936
24(1st Sp.Sess., P.L.13, No.4), entitled as "An act imposing an
25emergency State tax on liquor, as herein defined, sold by the
26Pennsylvania Liquor Control Board; providing for the collection
27and payment of such tax; and imposing duties upon the Department
28of Revenue and the Pennsylvania Liquor Control Board."

29"Man-made disaster." Any industrial, nuclear or
30transportation accident, explosion, conflagration, power

1failure, natural resource shortage or other condition, except
2enemy action, resulting from man-made causes, including oil
3spills and other environmental contamination, which threatens or
4causes substantial damage to property, individuals, loss of life
5or other hardships.

6"Natural disaster." Any hurricane, tornado, storm, flood,
7high water, wind-driven water, tidal wave, earthquake,
8landslide, mudslide, snowstorm, drought, fire, explosion or
9other catastrophe not resulting from a man-made cause which
10threatens or causes substantial damage to property or
11individuals, possible loss of life or other hardships.

<-12"Personal property." Clothing, furniture, necessary
13household items and appliances and essential tools for
14employment or education.

<-15"Program." The Public Disaster Assistance Grant Program
16established under Subchapter B (relating to Public Disaster
17Assistance Grant Program).

18"Public facility." Any facility which is owned, operated or
19maintained by a political subdivision or municipal authority of
20this Commonwealth. The term shall include:

21(1) buildings and equipment;

22(2) bridges, roads, highways and public ways;

23(3) parks and recreational facilities;

24(4) power generation and distribution facilities,
25including natural gas systems, wind turbines, generators,
26substations and power lines;

27(5) sanitary sewer systems and wastewater treatment
28facilities;

29(6) drainage and flood control facilities;

30(7) water treatment, water storage and water

1distribution facilities; and

2(8) any other improvement or infrastructure.

3§ 7904. Construction.

4Grants shall be made to <-individuals, political subdivisions
5or municipal authorities in a disaster emergency area for which
6no Presidential disaster declaration has been issued.

<-7SUBCHAPTER B

8INDIVIDUAL DISASTER ASSISTANCE GRANT PROGRAM

9Sec.

107911. Establishment.

117912. Eligibility.

127913. Application for and issuance of grant.

137914. Use of grant funds.

14§ 7911. Establishment.

15The Individual Disaster Assistance Grant Program is
16established within the agency to provide grants to individuals
17for assistance with repair of disaster-related damage.

18§ 7912. Eligibility.

19To be eligible for a grant under this subchapter, an
20individual must meet all of the following:

21(1) Suffer eligible loss which is not covered by
22insurance.

23(2) Not be entitled to compensation for the eligible
24loss under eminent domain proceedings.

25(3) Have a household income which does not exceed 200%
26of the Federal poverty income guidelines.

27§ 7913. Application for and issuance of grant.

28(a) Application.--The procedure for applying for a grant
29under this subchapter shall be as follows:

30(1) An individual must apply for a grant on a form

1furnished by the agency, setting forth the facts establishing
2eligibility and certifying that if approved all funds
3received will be used for purposes approved by the agency. An
4application under this paragraph is subject to 18 Pa.C.S. §
54904 (relating to unsworn falsification to authorities). The
6application must be submitted within 60 days following the
7declaration of a disaster emergency. Only one individual may
8apply per household.

9(2) The agency shall investigate the application to
10determine eligibility.

11(3) Within 30 days of receipt of the application, the
12agency shall make an eligibility determination. An
13eligibility determination under this paragraph is a final
14order of the agency subject to review under 2 Pa.C.S. Ch. 7
15Subch. A (relating to judicial review of Commonwealth agency
16action).

17(b) Issuance.--For each individual determined to be eligible
18under subsection (a)(3), the agency shall verify the adjusted
19loss. The maximum grant allowed under the Individual Disaster
20Assistance Grant Program is $10,000 or the adjusted loss,
21whichever is less.

22§ 7914. Use of grant funds.

23Grant funds issued under the Individual Disaster Assistance
24Grant Program may be used for the following disaster-related
25expenses:

26(1) Assisting in repair or replacement of the owner-
27occupied primary residence, including mobile homes. Funds may
28be used for removal of disaster-generated debris but may not
29be used for landscaping.

30(2) Repair, replacement or cleaning of personal

1property.

2(3) Repair or replacement of a motor vehicle which is
3registered to the applicant and essential for transportation.

4(4) Temporary housing.

5(5) Funeral expenses.

6(6) Medical or dental expenses.

7SUBCHAPTER <-C B

8PUBLIC DISASTER ASSISTANCE GRANT PROGRAM

9Sec.

107921. Establishment.

117922. Eligibility.

127923. Application for and issuance of grant.

137924. <-Use of grant funds Grant funds.

<-147925. Use of grant funds.

157926. Limitations.

16§ 7921. Establishment.

17The Public Disaster Assistance Grant Program is established
18within the agency to provide grants to political subdivisions
19and municipal authorities for assistance with repair of
20disaster-related damage in a disaster emergency area when the
21damages to public facilities are beyond the financial
22capabilities of the political subdivision or authority.

23§ 7922. Eligibility.

24To be eligible for a grant under this subchapter, a political
25subdivision or municipal authority must suffer eligible loss
26which is not covered by insurance.

27§ 7923. Application for and issuance of grant.

28(a) Application.--The procedure for applying for a grant
29under this subchapter shall be as follows:

30(1) A political subdivision or municipal authority must

1apply for a grant on a form furnished by the agency, setting
2forth the facts establishing eligibility and certifying that
3if approved all funds received will be used for purposes
4approved by the agency. An application under this paragraph
5is subject to 18 Pa.C.S. § 4904 (relating to unsworn
6falsification to authorities). The application must be
7submitted within 60 days following the declaration of a
8disaster emergency.

9(2) The agency shall investigate the application to
10determine eligibility.

11(3) Within 30 days of receipt of the application, the
12agency shall make an eligibility determination. An
13eligibility determination under this paragraph is a final
14order of the agency subject to review under 2 Pa.C.S. Ch. 7
15Subch. A (relating to judicial review of Commonwealth agency
16action).

17(b) Issuance.--For each political subdivision or municipal
18authority determined to be eligible under subsection (a)(3), the
19agency shall verify the adjusted loss. The maximum grant allowed
20under the <-Public Disaster Assistance Grant Program program is
2150% of the eligible <-adjusted loss.

22§ 7924. Grant funds.<-

23Grants under this subchapter shall be made from funds
24appropriated by the General Assembly for the program and from
25other Federal or State funds the agency may receive for the
26program. The agency may use up to 3% of available program funds
27for the administration of the program.

28§ <-7924 7925. Use of grant funds.

29Grant funds issued under the Public Disaster Assistance Grant<-
30Program program<- may be used to assist in the repair or

1replacement of public facilities due to disaster-related
2damages. Funds may also be used for disaster-related debris
3removal or to demolish a public facility if the facility was
4made unsafe by the disaster.

5§ 7926. Limitations.<-

6No grant under this subchapter shall be for an amount in
7excess of 25% of available program funds. If the amount of
8approved grant applications exceeds available program funds,
9grants shall be awarded on a pro rata basis.

10SUBCHAPTER <-D C

11MISCELLANEOUS PROVISIONS

12Sec.

<-137931. Disaster Emergency Assistance Account.

147932 <-7931. Powers and duties of agency.

<-15§ 7931. Disaster Emergency Assistance Account.

16(a) Establishment.--A restricted account is hereby
17established in the State Treasury to be known as the Disaster
18Emergency Assistance Account. The account shall be for the
19purpose of making grants for assistance under the Individual
20Disaster Assistance Grant Program and the Public Disaster
21Assistance Grant Program.

22(b) Transfer.--The Department of Revenue shall annually
23transfer $16,000,000 of the revenue received by the Commonwealth
24pursuant to the imposition of the liquor tax from the General
25Fund to the account for the fiscal year July 1, 2012, through
26June 30, 2013, and each fiscal year thereafter.

27(c) Appropriation.--Moneys transferred to the account are
28hereby appropriated from the account for the payment of grants
29authorized under Subchapters B (relating to Individual Disaster
30Assistance Grant Program) and C (relating to Public Disaster

1Assistance Grant Program).

2(d) Lapse.--At the end of each fiscal year, designated funds
3which are not expended shall lapse to the General Fund.

4§ <-7932 7931. Powers and duties of agency.

5The agency shall have the following duties and
6responsibilities:

7(1) Administer this chapter.

8(2) Promulgate any regulations necessary to implement
9and administer this chapter which include:

10(i) Development of additional procedures or
11requirements for the submission of grant applications.

12(ii) Development of procedures to verify adjusted
13loss.

14(iii) Development of criteria for the determination
15of the amount of assistance to be given to <-an individual
16or political subdivision. <-a political subdivision or
17municipal authority.

18(iv) Development of a methodology to prioritize
19projects based on the potential impact to the health and
20safety of the citizens of the affected community.

21Section 2. This act shall take effect immediately.