PRINTER'S NO. 2161
No. 1736 Session of 1987
INTRODUCED BY NOYE, MOWERY, PICCOLA, MANMILLER, DININNI,
SERAFINI, SCHULER, YANDRISEVITS, STABACK, PHILLIPS, ROBBINS
AND HERSHEY, SEPTEMBER 29, 1987
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 29, 1987
AN ACT
1 Providing for grants for property damaged by flood; establishing
2 the basis for the grants; providing for penalties; and making
3 appropriations.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the 1987 Flood
8 Relief Act.
9 Section 2. Declaration of policy.
10 The General Assembly finds and declares as follows:
11 (1) As a result of the severe storms of September 8, 12
12 and 13, 1987, flooding occurred in several counties.
13 (2) The floods caused substantial damage to individual,
14 business, industrial and public property.
15 (3) No Federal emergency declarations have been made on
16 this problem.
17 (4) Private insurance provides insufficient compensation
18 for losses suffered.
1 Section 3. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Agency." The Pennsylvania Emergency Management Agency.
6 "Business." A sole proprietorship, a partnership, a
7 corporation or an unincorporated association doing business in
8 this Commonwealth.
9 "Department." The Department of Public Welfare of the
10 Commonwealth.
11 Section 4. Individual assistance grants.
12 (a) General rule.--The department may make individual
13 assistance grants.
14 (b) Eligibility.--
15 (1) A homeowner is eligible for a grant if both of the
16 following apply:
17 (i) The 1986 household income of the homeowner does
18 not exceed 300% of the 1986 poverty income guidelines.
19 (ii) The homeowner suffered damage to owner-occupied
20 real property that was used as a primary residence or to
21 personal property as a result of the flooding caused by
22 the storms of September 8, 12 and 13, 1987.
23 (2) A business is eligible for a grant if the business
24 suffered damage to real property or personal property used
25 for the operation of the business as a result of the flooding
26 caused by the storms of September 8, 12 and 13, 1987.
27 (c) Procedure.--To apply for a grant, a person must file an
28 application with the department, under oath or affirmation,
29 stating all of the following:
30 (1) That the applicant is eligible under subsection (b).
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1 (2) One of the following:
2 (i) If the applicant is a homeowner, the loss
3 resulting from damage to owner-occupied real property
4 that was used as a primary residence and the loss from
5 damage to personal property.
6 (ii) If the applicant is a business, the loss
7 resulting from damage to real or personal property used
8 for the operation of the business.
9 (3) The amount of the loss under paragraph (2) that is
10 covered by private insurance, Federal grants or State grants.
11 (d) Amount.--The department shall determine the amount of
12 the grant as follows:
13 (1) Ascertain total eligible loss as follows:
14 (i) For a homeowner, determine the loss from damage
15 to owner-occupied real property that was used as a
16 primary residence and the loss from damage to personal
17 property. This subparagraph does not apply to an item
18 used primarily for recreational purposes.
19 (ii) For a business, determine the loss from damage
20 to real or personal property used for the operation of
21 the business.
22 (2) Determine the amount of the loss under paragraph (1)
23 that is covered by private insurance, Federal grants and
24 State grants. This paragraph does not apply to amounts that
25 are deductible under a policy of insurance.
26 (3) Subtract the figure determined under paragraph (2)
27 from the figure determined under paragraph (1). This
28 difference is the adjusted loss.
29 (4) Award grants as follows:
30 (i) Award 75% of the first $5,000 of the adjusted
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1 loss.
2 (ii) Award 50% of the second $5,000 of adjusted
3 loss.
4 (iii) Award 10% of the balance of the adjusted loss.
5 (iv) No grant shall exceed $12,500.
6 Section 5. Public assistance grants.
7 (a) General rule.--The agency may make public assistance
8 grants.
9 (b) Eligibility.--The Commonwealth or a political
10 subdivision is eligible for a grant if it has suffered damage to
11 its real property or personal property as a result of the
12 flooding caused by the storms of September 8, 12 and 13, 1987.
13 (c) Procedure.--To apply for a grant, the Commonwealth or a
14 political subdivision must file an application with the agency
15 stating all of the following:
16 (1) That the applicant is eligible under subsection (b).
17 (2) The loss resulting from damage to its real property
18 or personal property.
19 (3) The amount of the loss under paragraph (2) that is
20 covered by private insurance, Federal grants or State grants.
21 (d) Amount.--The agency shall determine the amount of the
22 grant as follows:
23 (1) Determine the loss from damage to real property or
24 personal property.
25 (2) Determine the amount of the loss under paragraph (1)
26 that is covered by private insurance, Federal grants and
27 State grants. This paragraph does not apply to amounts that
28 are deductible under a policy of insurance.
29 (3) Subtract the figure determined under paragraph (2)
30 from the figure determined under paragraph (1). This
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1 difference is the adjusted loss.
2 (4) Award grants as follows:
3 (i) Award 75% of the first $5,000 of the adjusted
4 loss.
5 (ii) Award 50% of the second $5,000 of adjusted
6 loss.
7 (iii) Award 10% of the balance of the adjusted loss.
8 (iv) No grant shall exceed $12,500.
9 Section 6. Penalty.
10 A person who makes a false claim under this act is subject to
11 a civil penalty in an amount equal to three times the grant for
12 which the claim is made, plus interest at the rate of 6%, from
13 the time the grant is made.
14 Section 7. Regulations.
15 The department and the agency may promulgate regulations to
16 administer this act. Regulations promulgated under this act are
17 not subject to review under the act of June 25, 1982 (P.L.633,
18 No.181), known as the Regulatory Review Act.
19 Section 8. Appropriations.
20 (a) Department.--The sum of $5,000,000, or as much thereof
21 as may be necessary, is hereby appropriated to the Department of
22 Public Welfare for the fiscal year July 1, 1987, to June 30,
23 1988, to carry out the provisions of this act. Two percent of
24 the appropriation under this subsection may be used for
25 administrative purposes.
26 (b) Agency.--The sum of $5,000,000, or as much thereof as
27 may be necessary, is hereby appropriated to the Pennsylvania
28 Emergency Management Agency for the fiscal year July 1, 1987, to
29 June 30, 1988, to carry out the provisions of this act. Two
30 percent of the appropriation under this subsection may be used
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1 for administrative purposes.
2 Section 9. Effective date.
3 This act shall take effect immediately.
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