Regular Session 2023-2024 House Bill 0735 P.N. 2209

SENATE AMENDED

PRIOR PRINTER'S NOS. 684, 1739

PRINTER'S NO. 2209

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

735

Session of

2023

INTRODUCED BY WARREN, BURGOS, MADDEN, T. DAVIS, FREEMAN, VITALI,

BRENNAN, DELLOSO, PICKETT, CIRESI, TAKAC, KHAN, BOROWSKI,

SANCHEZ, BOYLE, WEBSTER AND FLEMING, MARCH 28, 2023

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 24, 2023

AN ACT

Establishing the Flood Insurance Premium Assistance Task Force.

AMENDING THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), ENTITLED

"AN ACT PROVIDING FOR AND REORGANIZING THE CONDUCT OF THE

EXECUTIVE AND ADMINISTRATIVE WORK OF THE COMMONWEALTH BY THE

EXECUTIVE DEPARTMENT THEREOF AND THE ADMINISTRATIVE

DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS THEREOF,

INCLUDING THE BOARDS OF TRUSTEES OF STATE NORMAL SCHOOLS, OR

TEACHERS COLLEGES; ABOLISHING, CREATING, REORGANIZING OR

AUTHORIZING THE REORGANIZATION OF CERTAIN ADMINISTRATIVE

DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING THE POWERS AND

DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND ADMINISTRATIVE

OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE DEPARTMENTS,

BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE SALARIES OF THE

GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN OTHER EXECUTIVE

AND ADMINISTRATIVE OFFICERS; PROVIDING FOR THE APPOINTMENT OF

CERTAIN ADMINISTRATIVE OFFICERS, AND OF ALL DEPUTIES AND

OTHER ASSISTANTS AND EMPLOYES IN CERTAIN DEPARTMENTS, BOARDS,

AND COMMISSIONS; PROVIDING FOR JUDICIAL ADMINISTRATION; AND

PRESCRIBING THE MANNER IN WHICH THE NUMBER AND COMPENSATION

OF THE DEPUTIES AND ALL OTHER ASSISTANTS AND EMPLOYES OF

CERTAIN DEPARTMENTS, BOARDS AND COMMISSIONS SHALL BE

DETERMINED," PROVIDING FOR FLOOD INSURANCE PREMIUM ASSISTANCE

TASK FORCE; IN POWERS AND DUTIES OF DEPARTMENT OF HUMAN

SERVICES AND ITS DEPARTMENTAL ADMINISTRATIVE AND ADVISORY

BOARDS AND COMMISSIONS, PROVIDING FOR CHILD SUPPORT

ENFORCEMENT FEES; AND, IN JUDICIAL ADMINISTRATION, PROVIDING

FOR SURCHARGE AND FEE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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Section 1. Short title.

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

Insurance Premium Assistance Task Force Act.

Section 2. Findings.

The General Assembly finds that:

(1) Many communities within this Commonwealth have faced

devastating floods in recent years.

(2) The provisions of 42 U.S.C. Ch. 50 (relating to

national flood insurance), has caused steep increases in

flood insurance premiums to pay for increased spending in the

Federal Emergency Management Agency's (FEMA) flood disaster

assistance program.

(3) In the past several years, FEMA has revised its

flood mapping to include many properties that previously did

not require flood insurance.

(4) Whole communities along Pennsylvania's rivers and

creeks could be devastated by plummeting property values due

to unaffordable flood insurance premiums.

Section 3. Flood Insurance Premium Assistance Task Force.

(a) Establishment.--The Flood Insurance Premium Assistance

Task Force is established.

(b) Membership.--The task force shall consist of the

following members, appointed within 25 days after the effective

date of this subsection:

(1) The Insurance Commissioner, or a designee who shall

be an employee of the Insurance Department appointed by the

Insurance Commissioner, shall be the chair of the task force.

(2) The Director of the Pennsylvania Emergency

Management Agency, or a designee who shall be an employee of

the Pennsylvania Emergency Management Agency appointed by the

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Director of the Pennsylvania Emergency Management Agency.

(3) The Secretary of Banking and Securities, or a

designee who shall be an employee of the Department of

Banking and Securities appointed by the Secretary of Banking

and Securities.

(4) One member appointed by the President pro tempore of

the Senate.

(5) One member appointed by the Minority Leader of the

Senate.

(6) One member appointed by the Speaker of the House of

Representatives.

(7) One member appointed by the Minority Leader of the

House of Representatives.

its business as follows:

(1) The physical presence of a majority of the members

shall constitute a quorum of the task force.

(2) Action of the task force must be authorized or

ratified by a majority vote of its members.

(3) A member not physically present may participate by

teleconference or video conference.

(4) The first meeting shall be convened within 45 days

of the effective date of this paragraph. Additional meetings

may be called by the chair as necessary.

(5) The chair shall schedule a meeting upon written

request of a two-thirds majority of the members of the task

force.

(6) The task force shall hold public hearings as

necessary to obtain the information required to conduct its

review.

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(7) All meetings and hearings held by the task force

shall be subject to 65 Pa.C.S. Ch. 7 (relating to open

meetings).

(8) The Department of Community and Economic

Development, the Department of Conservation and Natural

Resources, the Department of Environmental Protection and the

Insurance Department shall cooperate to provide

administrative or other assistance to the task force.

(9) Members may not receive compensation but shall be

reimbursed for reasonable and necessary expenses incurred in

service of the task force.

(d) Powers and duties.--The task force shall have the

following powers and duties:

(1) To review and analyze the law, procedures,

practices, processes and rules relating to the administration

of flood insurance.

(2) To hold public hearings for the taking of testimony

and the requesting of documents.

(3) Through its chair, to administer oaths and

affirmations to witnesses appearing before the task force.

(4) To accept and review written comments from

individuals and organizations.

(5) To make, by no later than six months after the

effective date of this paragraph, a final report to the

Governor, the Senate and the House of Representatives. In

addition to any information that the task force deems

appropriate, the report shall include recommendations

regarding:

(i) potential programs that provide premium

discounts;

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(ii) potential programs, whether through the

mechanism of premium discounts or other relief, that

create incentives for local governments to undertake or

continue flood mitigation efforts;

(iii) the implementation of necessary changes in

statutes and practices of this Commonwealth, policies and

procedures relating to the administration of flood

insurance;

(iv) how to educate residents of this Commonwealth

about the risk of flooding and ways to mitigate flood

occurrences;

(v) steps that the Commonwealth should take to

inform residents about the options available when

purchasing flood insurance; and

(vi) how to increase the number of people that

purchase flood insurance, either through the National

Flood Insurance Program or the private flood insurance

market.

(e) Report.--The report made under this act shall be:

(1) Adopted at a public meeting.

(2) A public record under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

(f) Expiration.--The task force shall expire 30 days after

making the final report to the Governor, the Senate and the

House of Representatives under subsection (d)(5).

Section 4. Effective date.

This act shall take effect in 60 days.

SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN

AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED BY ADDING AN

ARTICLE TO READ:

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ARTICLE XV-C

FLOOD INSURANCE PREMIUM ASSISTANCE TASK FORCE

SECTION 1501-C. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"FEMA." THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

"TASK FORCE." THE FLOOD INSURANCE PREMIUM ASSISTANCE TASK

FORCE ESTABLISHED UNDER SECTION 1503-C.

SECTION 1502-C. FINDINGS.

THE GENERAL ASSEMBLY FINDS THAT:

(1) MANY COMMUNITIES WITHIN THIS COMMONWEALTH HAVE FACED

DEVASTATING FLOODS IN RECENT YEARS.

(2) THE PROVISIONS OF 42 U.S.C. CH. 50 (RELATING TO

NATIONAL FLOOD INSURANCE), HAS CAUSED STEEP INCREASES IN

FLOOD INSURANCE PREMIUMS TO PAY FOR INCREASED SPENDING IN

FEMA FLOOD DISASTER ASSISTANCE PROGRAM.

(3) IN THE PAST SEVERAL YEARS, FEMA HAS REVISED ITS

FLOOD MAPPING TO INCLUDE MANY PROPERTIES THAT PREVIOUSLY DID

NOT REQUIRE FLOOD INSURANCE.

(4) WHOLE COMMUNITIES ALONG PENNSYLVANIA'S RIVERS AND

CREEKS COULD BE DEVASTATED BY PLUMMETING PROPERTY VALUES DUE

TO UNAFFORDABLE FLOOD INSURANCE PREMIUMS.

SECTION 1503-C. FLOOD INSURANCE PREMIUM ASSISTANCE TASK FORCE.

(A) ESTABLISHMENT.--THE FLOOD INSURANCE PREMIUM ASSISTANCE

TASK FORCE IS ESTABLISHED.

(B) MEMBERSHIP.--THE TASK FORCE SHALL CONSIST OF THE

FOLLOWING MEMBERS, APPOINTED WITHIN 25 DAYS AFTER THE EFFECTIVE

DATE OF THIS SUBSECTION:

(1) THE INSURANCE COMMISSIONER, OR A DESIGNEE WHO SHALL

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BE AN EMPLOYEE OF THE INSURANCE DEPARTMENT APPOINTED BY THE

INSURANCE COMMISSIONER, SHALL BE THE CHAIR OF THE TASK FORCE.

(2) THE DIRECTOR OF THE PENNSYLVANIA EMERGENCY

MANAGEMENT AGENCY, OR A DESIGNEE WHO SHALL BE AN EMPLOYEE OF

THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY APPOINTED BY THE

DIRECTOR OF THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.

(3) THE SECRETARY OF BANKING AND SECURITIES, OR A

DESIGNEE WHO SHALL BE AN EMPLOYEE OF THE DEPARTMENT OF

BANKING AND SECURITIES APPOINTED BY THE SECRETARY OF BANKING

AND SECURITIES.

(4) ONE MEMBER APPOINTED BY THE PRESIDENT PRO TEMPORE OF

THE SENATE.

(5) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE

SENATE.

(6) ONE MEMBER APPOINTED BY THE SPEAKER OF THE HOUSE OF

REPRESENTATIVES.

(7) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE

HOUSE OF REPRESENTATIVES.

ITS BUSINESS AS FOLLOWS:

(1) THE PHYSICAL PRESENCE OF A MAJORITY OF THE MEMBERS

SHALL CONSTITUTE A QUORUM OF THE TASK FORCE.

(2) ACTION OF THE TASK FORCE MUST BE AUTHORIZED OR

RATIFIED BY A MAJORITY VOTE OF ITS MEMBERS.

(3) A MEMBER NOT PHYSICALLY PRESENT MAY PARTICIPATE BY

TELECONFERENCE OR VIDEO CONFERENCE.

(4) THE FIRST MEETING SHALL BE CONVENED WITHIN 45 DAYS

OF THE EFFECTIVE DATE OF THIS PARAGRAPH. ADDITIONAL MEETINGS

MAY BE CALLED BY THE CHAIR AS NECESSARY.

(5) THE CHAIR SHALL SCHEDULE A MEETING UPON WRITTEN

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REQUEST OF A TWO-THIRDS MAJORITY OF THE MEMBERS OF THE TASK

FORCE.

(6) THE TASK FORCE SHALL HOLD PUBLIC HEARINGS AS

NECESSARY TO OBTAIN THE INFORMATION REQUIRED TO CONDUCT ITS

REVIEW.

(7) ALL MEETINGS AND HEARINGS HELD BY THE TASK FORCE

SHALL BE SUBJECT TO 65 PA.C.S. CH. 7 (RELATING TO OPEN

MEETINGS).

(8) THE DEPARTMENT OF COMMUNITY AND ECONOMIC

DEVELOPMENT, THE DEPARTMENT OF CONSERVATION AND NATURAL

RESOURCES, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE

INSURANCE DEPARTMENT SHALL COOPERATE TO PROVIDE

ADMINISTRATIVE OR OTHER ASSISTANCE TO THE TASK FORCE.

(9) MEMBERS MAY NOT RECEIVE COMPENSATION BUT SHALL BE

REIMBURSED FOR REASONABLE AND NECESSARY EXPENSES INCURRED IN

SERVICE OF THE TASK FORCE.

(D) POWERS AND DUTIES.--THE TASK FORCE SHALL HAVE THE

FOLLOWING POWERS AND DUTIES:

(1) TO REVIEW AND ANALYZE THE LAW, PROCEDURES,

PRACTICES, PROCESSES AND RULES RELATING TO THE ADMINISTRATION

OF FLOOD INSURANCE.

(2) TO HOLD PUBLIC HEARINGS FOR THE TAKING OF TESTIMONY

AND THE REQUESTING OF DOCUMENTS.

(3) THROUGH ITS CHAIR, TO ADMINISTER OATHS AND

AFFIRMATIONS TO WITNESSES APPEARING BEFORE THE TASK FORCE.

(4) TO ACCEPT AND REVIEW WRITTEN COMMENTS FROM

INDIVIDUALS AND ORGANIZATIONS.

(5) TO MAKE, BY NO LATER THAN SIX MONTHS AFTER THE

EFFECTIVE DATE OF THIS PARAGRAPH, A FINAL REPORT TO THE

GOVERNOR, THE SENATE AND THE HOUSE OF REPRESENTATIVES. IN

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ADDITION TO ANY INFORMATION THAT THE TASK FORCE DEEMS

APPROPRIATE, THE REPORT SHALL INCLUDE RECOMMENDATIONS

REGARDING:

(I) POTENTIAL PROGRAMS THAT PROVIDE PREMIUM

DISCOUNTS;

(II) POTENTIAL PROGRAMS, WHETHER THROUGH THE

MECHANISM OF PREMIUM DISCOUNTS OR OTHER RELIEF, THAT

CREATE INCENTIVES FOR LOCAL GOVERNMENTS TO UNDERTAKE OR

CONTINUE FLOOD MITIGATION EFFORTS;

(III) THE IMPLEMENTATION OF NECESSARY CHANGES IN

STATUTES AND PRACTICES OF THIS COMMONWEALTH, POLICIES AND

PROCEDURES RELATING TO THE ADMINISTRATION OF FLOOD

INSURANCE;

(IV) HOW TO EDUCATE RESIDENTS OF THIS COMMONWEALTH

ABOUT THE RISK OF FLOODING AND WAYS TO MITIGATE FLOOD

OCCURRENCES;

(V) STEPS THAT THE COMMONWEALTH SHOULD TAKE TO

INFORM RESIDENTS ABOUT THE OPTIONS AVAILABLE WHEN

PURCHASING FLOOD INSURANCE; AND

(VI) HOW TO INCREASE THE NUMBER OF PEOPLE THAT

PURCHASE FLOOD INSURANCE, EITHER THROUGH THE NATIONAL

FLOOD INSURANCE PROGRAM OR THE PRIVATE FLOOD INSURANCE

MARKET.

(E) REPORT.--THE REPORT MADE UNDER THIS ARTICLE SHALL BE:

(1) ADOPTED AT A PUBLIC MEETING.

(2) A PUBLIC RECORD UNDER THE ACT OF FEBRUARY 14, 2008

(P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW.

(F) EXPIRATION.--THE TASK FORCE SHALL EXPIRE 30 DAYS AFTER

MAKING THE FINAL REPORT TO THE GOVERNOR, THE SENATE AND THE

HOUSE OF REPRESENTATIVES UNDER SUBSECTION (D)(5).

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SECTION 2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:

SECTION 2338. CHILD SUPPORT ENFORCEMENT FEES.--THE

DEPARTMENT OF HUMAN SERVICES MAY IMPOSE A FEE OF THIRTY-FIVE

DOLLARS ($35) IN EACH CHILD SUPPORT CASE IN WHICH AN INDIVIDUAL

HAS NEVER RECEIVED ASSISTANCE UNDER 42 U.S.C. CH. 7 SUBCH. IV

PT. A (RELATING TO BLOCK GRANTS TO STATES FOR TEMPORARY

ASSISTANCE FOR NEEDY FAMILIES) AND FOR WHOM THE COMMONWEALTH HAS

COLLECTED AT LEAST FIVE HUNDRED FIFTY DOLLARS ($550) OF SUPPORT

IN A FEDERAL FISCAL YEAR. THE COMMONWEALTH SHALL PAY THE THIRTY-

FIVE DOLLAR ($35) FEE FOR THOSE CASES IN WHICH THE ANNUAL

COLLECTION IS BETWEEN FIVE HUNDRED FIFTY DOLLARS ($550) AND ONE

THOUSAND NINE HUNDRED NINETY-NINE DOLLARS AND NINETY-NINE CENTS

($1,999.99). THE THIRTY-FIVE DOLLAR ($35) FEE SHALL BE COLLECTED

FROM THE CUSTODIAL PARENT IN CASES WHERE ANNUAL COLLECTIONS

EQUAL TWO THOUSAND DOLLARS ($2,000) OR MORE. NOTWITHSTANDING ANY

OTHER PROVISION OF LAW, THE FEDERALLY MANDATED THIRTY-FIVE

DOLLAR ($35) ANNUAL FEE COLLECTED FROM THE CUSTODIAL PARENT

SHALL BE RETAINED BY THE DEPARTMENT OF HUMAN SERVICES.

SECTION 2802-E. SURCHARGE AND FEE.

(A) IMPOSITION.--

(1) THE FOLLOWING APPLY:

(I) IN ADDITION TO THE FEES IMPOSED UNDER 42 PA.C.S.

§ 3733(A.1) (RELATING TO DEPOSITS INTO ACCOUNT), A

SURCHARGE OF $10 SHALL BE CHARGED AND COLLECTED BY A

DIVISION OF THE UNIFIED JUDICIAL SYSTEM.

(II) THE ADDITIONAL SURCHARGE UNDER THIS PARAGRAPH

SHALL BE DEPOSITED INTO THE JUDICIAL DEPARTMENT

OPERATIONS AUGMENTATION ACCOUNT ESTABLISHED UNDER SECTION

1795.1-E(D) OF THE ACT OF APRIL 9, 1929 (P.L.343,

NO.176), KNOWN AS THE FISCAL CODE.

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(III) THIS PARAGRAPH SHALL EXPIRE JULY 31, 2025.

(2) THE FOLLOWING APPLY:

(I) IN ADDITION TO THE FEES IMPOSED UNDER 42 PA.C.S.

§ 3733(A.1), A SURCHARGE OF $11.25 SHALL BE CHARGED AND

COLLECTED BY A DIVISION OF THE UNIFIED JUDICIAL SYSTEM.

(II) THE SURCHARGE UNDER THIS PARAGRAPH SHALL BE

DEPOSITED IN THE JUDICIAL DEPARTMENT OPERATIONS

AUGMENTATION ACCOUNT ESTABLISHED UNDER SECTION 1795.1-

E(D) OF THE FISCAL CODE.

(III) THIS PARAGRAPH SHALL EXPIRE JULY 31, 2025.

(B) SUSPENSION OF DEPOSIT.--FOR FISCAL YEAR 2023-2024, THE

DEPOSIT REQUIRED UNDER SECTION 1795.2-E OF THE FISCAL CODE SHALL

BE SUSPENDED.

SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE ADDITION OF ARTICLE XV-C OF THE ACT SHALL TAKE

EFFECT IN 60 DAYS.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT

IMMEDIATELY.

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