1Amending Title 35 (Health and Safety) of the Pennsylvania
2Consolidated Statutes, <-in the Governor and disaster 
3emergencies, further providing for general authority of 
4Governor; providing for disaster emergency assistance; and 
5establishing the Public Disaster Assistance Grant Program.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

<-8Section 1. Title 35 of the Pennsylvania Consolidated
9Statutes is amended by adding a chapter to read:

<-10Section 1. Section 7301(f) of Title 35 of the Pennsylvania
11Consolidated Statutes is amended by adding a paragraph to read:

12§ 7301. General authority of Governor.

13* * *

14(f) Additional powers.--In addition to any other powers
15conferred upon the Governor by law, the Governor may:

16* * *

17(9)  Confer the power of arrest on the law enforcement

1personnel serving as part of the emergency forces of a party
2state during operations in this Commonwealth pursuant to a
3declaration of a disaster emergency under subsection (c). Law
4enforcement personnel shall be under the operational control
5of the Commissioner of Pennsylvania State Police and shall
6comply with the terms and conditions of the Emergency
7Management Assistance Compact under Chapter 76 (relating to
8Emergency Management Assistance Compact). Arrest powers
9granted under this paragraph shall expire when the
10declaration of a disaster emergency is terminated by
11executive order, proclamation or operation of law, if the
12arrest powers have not previously been terminated.

13Section 2. Title 35 is amended by adding a chapter to read:

14CHAPTER 79

15DISASTER EMERGENCY

16ASSISTANCE

17Subchapter

18A. Preliminary Provisions

19B. Public Disaster Assistance Grant Program

20C. Miscellaneous Provisions

21SUBCHAPTER A

22PRELIMINARY PROVISIONS

23Sec.

247901. Short title of chapter.

257902. Legislative purpose.

267903. Definitions.

277904. Construction.

28§ 7901. Short title of chapter.

29This chapter shall be known and may be cited as the Disaster
30Emergency Assistance Act.

1§ 7902. Legislative purpose.

2It is the purpose of this chapter to create a program to
3provide assistance to political subdivisions and municipal
4authorities directly affected by natural and man-made disasters.
5Assistance will be limited to grants for projects that do not
6qualify for Federal assistance to help repair damages to public
7facilities. Grants will be made available by the agency in a
8disaster emergency area only when a Presidential disaster
9declaration is not covering the area.

10§ 7903. Definitions.

11The following words and phrases when used in this chapter
12shall have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Adjusted loss." The difference between:

15(1) eligible loss; and

16(2) covered loss.

17"Agency." The Pennsylvania Emergency Management Agency.

18"Covered loss." An amount received by or due the recipient
19from private insurance and Federal grants and loans, including
20applicable State matching funds, related to an eligible loss.
21The term does not include an insurance deductible paid by the
22recipient.

23"Disaster emergency area." An area included under a
24declaration of disaster emergency issued by the Governor under
25section 7301 (relating to general authority of Governor).

26"Eligible loss." Damage to a public facility caused by a
27natural or man-made disaster in a disaster emergency area.

28"Man-made disaster." Any industrial, nuclear or
29transportation accident, explosion, conflagration, power
30failure, natural resource shortage or other condition, except

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

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

11"Program." The Public Disaster Assistance Grant Program 
12established under Subchapter B (relating to Public Disaster 
13Assistance Grant Program).

14"Public facility." Any facility which is owned, operated or
15maintained by a political subdivision or municipal authority of
16this Commonwealth. The term shall include:

17(1) buildings and equipment;

18(2) bridges, roads, highways and public ways;

19(3) parks and recreational facilities;

20(4) power generation and distribution facilities,
21including natural gas systems, wind turbines, generators,
22substations and power lines;

23(5) sanitary sewer systems and wastewater treatment
24facilities;

25(6) drainage and flood control facilities;

26(7) water treatment, water storage and water
27distribution facilities; and

28(8) any other improvement or infrastructure.

29§ 7904. Construction.

30Grants shall be made to political subdivisions or municipal

1authorities in a disaster emergency area for which no
2Presidential disaster declaration has been issued.

3SUBCHAPTER B

4PUBLIC DISASTER ASSISTANCE GRANT PROGRAM

5Sec.

67921. Establishment.

77922. Eligibility.

87923. Application for and issuance of grant.

97924. Grant funds.

107925. Use of grant funds.

117926. Limitations.

12§ 7921. Establishment.

13The Public Disaster Assistance Grant Program is established
14within the agency to provide grants to political subdivisions
15and municipal authorities for assistance with repair of
16disaster-related damage in a disaster emergency area when the
17damages to public facilities are beyond the financial
18capabilities of the political subdivision or authority.

19§ 7922. Eligibility.

20To be eligible for a grant under this subchapter, a political
21subdivision or municipal authority must suffer eligible loss
22which is not covered by insurance.

23§ 7923. Application for and issuance of grant.

24(a) Application.--The procedure for applying for a grant
25under this subchapter shall be as follows:

26(1) A political subdivision or municipal authority must
27apply for a grant on a form furnished by the agency, setting
28forth the facts establishing eligibility and certifying that
29if approved all funds received will be used for purposes
30approved by the agency. An application under this paragraph

1is subject to 18 Pa.C.S. § 4904 (relating to unsworn
2falsification to authorities). The application must be
3submitted within 60 days following the declaration of a
4disaster emergency.

5(2) The agency shall investigate the application to
6determine eligibility.

7(3) Within 30 days of receipt of the application, the
8agency shall make an eligibility determination. An
9eligibility determination under this paragraph is a final
10order of the agency subject to review under 2 Pa.C.S. Ch. 7
11Subch. A (relating to judicial review of Commonwealth agency
12action).

13(b) Issuance.--For each political subdivision or municipal
14authority determined to be eligible under subsection (a)(3), the
15agency shall verify the adjusted loss. The maximum grant allowed
16under the program is 50% of the adjusted loss.

17§ 7924. Grant funds.

18Grants under this subchapter shall be made from funds
19appropriated by the General Assembly for the program and from
20other Federal or State funds the agency may receive for the
21program. The agency may use up to 3% of available program funds
22for the administration of the program.

23§ 7925. Use of grant funds.

24Grant funds issued under the program may be used to assist in
25the repair or replacement of public facilities due to disaster-
26related damages. Funds may also be used for disaster-related
27debris removal or to demolish a public facility if the facility
28was made unsafe by the disaster.

29§ 7926. Limitations.

30No grant under this subchapter shall be for an amount in

1excess of 25% of available program funds. If the amount of
2approved grant applications exceeds available program funds,
3grants shall be awarded on a pro rata basis.

4SUBCHAPTER C

5MISCELLANEOUS PROVISIONS

6Sec.

77931. Powers and duties of agency.

8§ 7931. Powers and duties of agency.

9The agency shall have the following duties and
10responsibilities:

11(1) Administer this chapter.

12(2) Promulgate any regulations necessary to implement
13and administer this chapter which include:

14(i) Development of additional procedures or
15requirements for the submission of grant applications.

16(ii) Development of procedures to verify adjusted
17loss.

18(iii) Development of criteria for the determination
19of the amount of assistance to be given to a political
20subdivision or municipal authority.

21(iv) Development of a methodology to prioritize
22projects based on the potential impact to the health and
23safety of the citizens of the affected community.

24Section <-2 <-3. This act shall take effect immediately.