PRIOR PRINTER'S NOS. 741, 2273
PRINTER'S NO. 2358
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY BAKER, YAW, RAFFERTY, ERICKSON, YUDICHAK, TARTAGLIONE, SCHWANK, GREENLEAF, FONTANA, GORDNER, SOLOBAY, WASHINGTON, COSTA, BROWNE AND BREWSTER, MARCH 20, 2013
AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPARDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 6, 2014
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.
12§ 7301. General authority of Governor.
13* * *
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:
18A. Preliminary Provisions
19B. Public Disaster Assistance Grant Program
20C. Miscellaneous Provisions
247901. Short title of chapter.
257902. Legislative purpose.
28§ 7901. Short title of chapter.
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.
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
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.
17(1) buildings and equipment;
18(2) bridges, roads, highways and public ways;
19(3) parks and recreational facilities;
25(6) drainage and flood control facilities;
28(8) any other improvement or infrastructure.
29§ 7904. Construction.
30Grants shall be made to political subdivisions or municipal
4PUBLIC DISASTER ASSISTANCE GRANT PROGRAM
87923. Application for and issuance of grant.
97924. Grant funds.
107925. Use of grant funds.
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.
23§ 7923. Application for and issuance of grant.
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
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
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
77931. Powers and duties of agency.
8§ 7931. Powers and duties of agency.
11(1) Administer this chapter.
24Section <-2 <-3. This act shall take effect immediately.