PRINTER'S NO. 392
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
508
Session of
2023
INTRODUCED BY MASTRIANO, MARCH 6, 2023
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
MARCH 6, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, establishing the Train Derailment
Emergency Grant Program and the Train Derailment Emergency
Grant Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 59
TRAIN DERAILMENT EMERGENCY GRANT PROGRAM
Sec.
5901. Definitions.
5902. Train Derailment Emergency Grant Program.
5903. Train Derailment Emergency Grant Fund.
§ 5901. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Actual proof." A preponderance of evidence, whether
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medical, lab testing results, business records, documentary
material and testimonial, that a reasonable person would
understand to consist of, more likely than not, contamination
evidence.
"Agency." The Pennsylvania Emergency Management Agency.
"Disaster zone." Any of the following:
(1) An area located within this Commonwealth that is
within 15 miles of the site of the derailment of a train at
East Palestine, Ohio, on February 3, 2023.
(2) An area located in this Commonwealth where an
applicant demonstrates actual proof of contamination of a
premises or of a person due to the presence of chemicals
released or burned at the area under paragraph (1) or because
of travel in or through the area under paragraph (1).
"Eligible person." Any of the following that has been
negatively impacted by the train derailment a nd has been
approved by the agency under section 5902(b) (relating to Train
Derailment Emergency Grant Program):
(1) An individual who is a resident of this Commonwealth
and who lives or works in the disaster zone and who provides
actual proof of being negatively impacted.
(2) A small business that is located in the disaster
zone and which provides actual proof of being negatively
impacted.
"Fund." The Train Derailment Emergency Grant Fund
established u nder section 5903 (relating to Train Derailment
Emergency Grant Fund).
"Grant." An award of money by the agency under the program.
"Homeowner." An individual that owns a home in the disaster
zone.
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"Neg atively impacted." The incurring of any of the items
under section 5902(d) as a direct result of the effects of the
train derailment.
"Program." The Train Derailment Emergency Grant Program
established under section 5902.
"Small business." A business located in the disaster zone
that employs fewer than 100 employees. The term includes a farm
located in the disaster zone.
"Train derailment." The derailment of a train which occurred
at East Palestine, Ohio, on February 3, 2023. The term includes
the chemical release due to the train derailment.
§ 5902. Train Derailment Emergency Grant Program.
(a) Establishment.--The Train Derailment Emergency Grant
Program is established to provide grants to eligible persons.
(b) Administration.--
(1) The agency shall administer the program.
(2) The agency shall establish a grant application and
evaluation process. The agency shall provide notice of the
application process on the agency's publicly accessible
Internet website.
(3) The agency may contract with a third party to
administer the program.
(c) Expenses.--The agency may expend not more than 2% of the
money in the fund for costs incurred in the administration of
the program. Except if an expiration date is enacted for this
chapter, the agency may n ot establish a deadline for submission
of applications.
(d) Grants.--
(1) A grant may be awarded for any of the following
which were a direct result of the train derailment:
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(i) Medical expenses.
(ii) Loss of income and value of a small business.
(iii) Loss of real or personal property value of a
small business.
(iv) Expenses of a small business.
(v) Loss of re al property value of a homeowner.
(vi) Expenses related to repair, cleaning and
decontami nation of real property of a homeowner and any
other related expense, as reasonably determined by a
homeowner.
(vii) Relocation expenses, including travel, food
and housing for individuals who do any of the following:
(A) Permanently move out of the disaster zone.
(B) Temporarily relocate during or after the
evacuation period as determined by the individual to
be necessary because of the disaster without
limitation as to the area of the disaster zone if the
individual has a personal reason to believe they need
to relocate from the disaster area.
(2) If an eligible person knowingly submits a grant
application with materially false information, the eligible
person shall repay the amount of the grant to the agency,
including interest of 8%.
(3) The agency shall review completed applications and
award pro rata grants to persons deemed eligible. If a grant
award is denied in whole or in part, the agency shall provide
the applicant with the reason for the full or partial denial.
(e) Award.--An application may be filed at any time but may
not include an award for expenses or losses occurring prior to
February 3, 2023.
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§ 5903. Train Derailment Emergency Grant Fund.
(a) Establishment.--The Train Derailment Emergency Grant
Fund is established as a fund within the State Treasury. The use
of money in the fund is restricted to the purposes under this
chapter. The money i n the fund is appropriated on a continuing
basis to the agency for the purposes stated under this chapter.
(b) Sources of funding.--Sources of the fund may be any of
the following:
(1) Money appropriated for purposes of the program.
(2) Federal money appropriated or authorized for
purposes of the program.
(3) Money received from another governmental agency
through an interagency agreement or memorandum of
understanding.
(4) A gift or other contribution from a public or
private source.
(5) Monetary damages and settlements paid to the
Commonwealth from an individual or entity responsible for the
train derailment.
(6) Penalties or fines imposed as a result of the train
derailment.
Section 2. This act shall take effect immediately.
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