HOUSE AMENDED PRIOR PRINTER'S NOS. 1848, 1864, 1946 PRINTER'S NO. 2010
No. 1417 Session of 2000
INTRODUCED BY SLOCUM, WENGER, CORMAN, CONTI, WHITE, DENT, HELFRICK, MURPHY, MADIGAN, BELL, PUNT, BRIGHTBILL, JUBELIRER, LEMMOND, ROBBINS, THOMPSON, O'PAKE, MOWERY, GERLACH, HART, BOSCOLA, RHOADES AND KASUNIC, APRIL 10, 2000
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 6, 2000
AN ACT 1 Amending the act of December 13, 1999 (P.L.905, No.57), entitled 2 "An act providing for emergency drought relief, for 3 commercial orchard and fruit tree nursery indemnity, for 4 grants for flood damage and for powers and duties of the 5 Department of Agriculture; establishing the Supplemental 6 Individual Assistance Program; providing for payment of the 7 Commonwealth's share to secure individual assistance from the 8 Federal Government; and making appropriations," increasing <-- 9 grant limits for drought relief. FURTHER PROVIDING FOR <-- 10 DROUGHT RELIEF AND FOR APPROPRIATIONS; ESTABLISHING THE SMALL <-- 11 DISASTER ASSISTANCE FUND; AUTHORIZING THE TRANSFER OF FUNDS; 12 AND IMPOSING DUTIES ON THE PENNSYLVANIA EMERGENCY MANAGEMENT 13 AGENCY AND THE LEGISLATIVE REFERENCE BUREAU. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 302(c) of the act of December 13, 1999 <-- 17 (P.L.905, No.57), known as the Drought, Orchard and Nursery 18 Indemnity and Flood Relief Act, is amended to read: 19 SECTION 1. SECTIONS 302(C) AND 5102 THE TITLE AND SECTION <-- 20 302(C) OF THE ACT OF DECEMBER 13, 1999 (P.L.905, NO.57), KNOWN 21 AS THE DROUGHT, ORCHARD AND NURSERY INDEMNITY AND FLOOD RELIEF
1 ACT, ARE AMENDED TO READ: 2 AN ACT <-- 3 PROVIDING FOR EMERGENCY DROUGHT RELIEF, FOR COMMERCIAL ORCHARD 4 AND FRUIT TREE NURSERY INDEMNITY, FOR GRANTS FOR FLOOD DAMAGE 5 AND FOR POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE; 6 ESTABLISHING THE SUPPLEMENTAL INDIVIDUAL ASSISTANCE PROGRAM; 7 PROVIDING FOR PAYMENT OF THE COMMONWEALTH'S SHARE TO SECURE 8 INDIVIDUAL ASSISTANCE FROM THE FEDERAL GOVERNMENT; 9 ESTABLISHING THE SMALL DISASTER ASSISTANCE FUND; AND MAKING 10 APPROPRIATIONS. 11 Section 302. Drought relief. 12 * * * 13 (c) Grant criteria.--The department shall review 14 applications and award grants using [an eligible producer's 15 approved application for the Federal program or other 16 documentation from which Federal payment for eligible producers 17 will be calculated. Each eligible producer shall be eligible for 18 a grant under this chapter in an amount not to exceed 75% of the 19 grant received under the Federal program. If funds appropriated 20 under section 5102(a) are not sufficient to provide grants 21 prescribed under this chapter to all approved eligible 22 producers, grants shall be made to eligible producers] eligible 23 producers' approved applications for the Federal program from 24 which Federal payment for eligible producers is calculated. 25 Approved eligible producers shall qualify for grants under this 26 chapter in amounts which shall be determined on a pro rata basis 27 OF THE MAXIMUM SUM APPROPRIATED UNDER SECTION 5102. <-- 28 * * * 29 SECTION 2. THE ACT IS AMENDED BY ADDING A CHAPTER TO READ: <-- 30 CHAPTER 9 20000S1417B2010 - 2 -
1 PENNCRISIS 2 SECTION 901. LEGISLATIVE FINDINGS. 3 THE GENERAL ASSEMBLY FINDS THAT MANY COMMUNITIES IN THIS 4 COMMONWEALTH FREQUENTLY ARE SUBJECT TO NATURAL AND MANMADE 5 DISASTERS WHICH CAUSE SIGNIFICANT DAMAGE AND DISRUPTION IN THE 6 LIFE OF THE COMMUNITY BUT WHICH ARE NOT OF SUFFICIENT MAGNITUDE 7 TO QUALIFY FOR FEDERAL DISASTER ASSISTANCE PROGRAMS. 8 NEVERTHELESS, THESE LOSSES ARE OF CONSIDERABLE IMPORTANCE TO 9 THOSE DIRECTLY AFFECTED AND THEIR COMMUNITIES AND TO THE HEALTH 10 AND WELFARE OF THE CITIZENS OF THIS COMMONWEALTH'S MANY SMALL 11 COMMUNITIES. 12 SECTION 902. DEFINITIONS. 13 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 14 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 15 CONTEXT CLEARLY INDICATES OTHERWISE: 16 "AGENCY." THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY. 17 "FUND." THE SMALL DISASTER ASSISTANCE FUND CREATED UNDER 18 THIS CHAPTER. 19 "SMALL DISASTER." AN EVENT WHICH RESULTS IN TOTAL UNINSURED 20 LOSSES, FOR ALL INDIVIDUALS, BUSINESSES AND MUNICIPALITIES, OF 21 NOT MORE THAN $2,000,000; WHICH OCCURRED AFTER JUNE 30, 1999; 22 AND WHICH INVOLVES: 23 (1) DAMAGE EXCEEDING 40% OF THE VALUE OF A STRUCTURE AND 24 CONTENTS OF AT LEAST FIVE HOMES OR TWO BUSINESSES; 25 (2) LOSS OF LIFE; OR 26 (3) TOTAL ESTIMATED DAMAGES OF AT LEAST $250,000 TO 27 PUBLIC FACILITIES. 28 SECTION 903. SMALL DISASTER ASSISTANCE FUND. 29 (A) FUND CREATED.--THERE IS CREATED WITHIN THE PENNCRISIS 30 PROGRAM A SMALL DISASTER ASSISTANCE FUND TO ASSIST THE VICTIMS 20000S1417B2010 - 3 -
1 OF NATURAL AND MANMADE DISASTERS WITH LOW-INTEREST LOANS AND 2 GRANTS. ASSISTANCE SHALL NOT BE AVAILABLE TO A PERSON THAT OWNS 3 PROPERTY WITHIN A 100-YEAR FLOOD PLAIN AND THAT DOES NOT HAVE 4 FLOOD INSURANCE. ALL LOAN REPAYMENTS SHALL BE PLACED IN THE FUND 5 TO BE USED FOR THE PURPOSES OF THIS ACT. 6 (B) COORDINATION AND ADMINISTRATION OF FUND.--ALL FIELD AND 7 OTHER ACTIVITIES OF THE FUND SHALL BE COORDINATED BY THE AGENCY, 8 INCLUDING BUDGETARY ALLOCATIONS FROM THE PENNCRISIS FUND TO THE 9 VARIOUS OBJECTS OF PENNCRISIS AND REPORTS TO THE GENERAL 10 ASSEMBLY ON PROGRAM PERFORMANCE AND NEEDS. FINAL AUTHORITY ON 11 ALL INDIVIDUAL REQUESTS FOR ASSISTANCE FROM THE FUND SHALL REST 12 WITH THE ADMINISTERING AGENCIES. PROGRAM ELEMENTS OF THE FUND 13 SHALL BE ADMINISTERED AS FOLLOWS: 14 (1) FOR RESIDENTIAL HOUSING NEEDS, THE PENNSYLVANIA 15 HOUSING FINANCE AGENCY. 16 (2) FOR RESIDENTIAL CONTENTS AND VEHICLES, THE 17 DEPARTMENT OF PUBLIC WELFARE. 18 (3) FOR BUSINESS AND MUNICIPAL PROGRAMS, THE DEPARTMENT 19 OF COMMUNITY AND ECONOMIC DEVELOPMENT. 20 (C) SMALL DISASTER DECLARATIONS.--A COUNTY EMERGENCY 21 MANAGEMENT DIRECTOR MAY PETITION THE AGENCY FOR A DECLARATION OF 22 A SMALL DISASTER. THE AGENCY'S DETERMINATION ON THE PETITION 23 SHALL BE DEEMED A FINAL ORDER, SUBJECT TO REVIEW UNDER 2 PA.C.S. 24 CH. 7 SUBCH. A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH 25 AGENCY ACTION). 26 SECTION 904. LOW-INTEREST LOANS TO SMALL DISASTER VICTIMS. 27 ALL LOANS SHALL BEAR INTEREST FOR THE ENTIRE TERM AT A RATE 28 NO GREATER THAN THE ANNUAL COST OF LIVING IN THE YEAR IN WHICH 29 THE LOAN IS GRANTED. INTEREST RATES SHALL BE REVIEWED BY THE 30 ADMINISTERING AGENCY AT THE BEGINNING OF EACH FISCAL YEAR BASED 20000S1417B2010 - 4 -
1 ON GUIDANCE FROM THE OFFICE OF THE BUDGET AND ADJUSTED IN 2 ACCORDANCE WITH THE PRIOR YEAR'S COST OF LIVING. ALL LOANS SHALL 3 COVER ONLY THAT PORTION OF LOSS NOT COVERED BY INSURANCE. LOANS 4 TO BUSINESSES AND RESIDENTIAL LOANS SHALL BE EXTENDED TO 5 INCORPORATE EXISTING DEBT ON THE REAL PROPERTY AND CONTENTS. 6 SECTION 905. BUSINESS AND MUNICIPAL LOANS. 7 (A) BUSINESS LOANS.-- 8 (1) LOANS TO BUSINESSES AND MUNICIPALITIES SHALL BE FOR 9 A TERM OF NO MORE THAN 15 YEARS, EXCEPT WHERE THE TERM IS 10 EXTENDED BY HARDSHIP SUSPENSIONS OF PAYMENTS. BUSINESS LOANS 11 SHALL BE SECURED BY A MORTGAGE ON REAL PROPERTY OF THE 12 BUSINESS OR OTHER SUITABLE COLLATERAL. 13 (2) BUSINESS LOANS MAY BE USED TO REPAIR OR REPLACE ALL 14 OF THE FOLLOWING WHEN LOST OR SERIOUSLY DAMAGED DUE TO A 15 SMALL DISASTER: 16 (I) FIXED EQUIPMENT. 17 (II) MAJOR MOVEABLE EQUIPMENT. 18 (III) FURNISHINGS. 19 (IV) REAL PROPERTY. 20 (V) LEASEHOLD IMPROVEMENTS. 21 (VI) INVENTORY, IF IT CAN BE SHOWN THAT AN INSURANCE 22 POLICY AT A REASONABLE PREMIUM IN RELATION TO VALUE WAS 23 NOT AVAILABLE TO REPLACE THE INVENTORY. 24 (3) AT THE DISCRETION OF THE DEPARTMENT OF COMMUNITY AND 25 ECONOMIC DEVELOPMENT, INDIVIDUAL BUSINESS LOANS MAY BE 26 INCREASED UP TO 150% OF ELIGIBLE REPAIR OR REPLACEMENT COSTS 27 TO ASSIST IN BUSINESS RETENTION AND RECOVERY. THE SUM OF ALL 28 BUSINESS LOANS MAY NOT EXCEED MORE THAN ONE-HALF OF ALL FUNDS 29 AVAILABLE FOR EXPENDITURE IN THE PENNCRISIS FUND IN ANY 30 FISCAL YEAR. 20000S1417B2010 - 5 -
1 (B) MUNICIPAL LOANS.--MUNICIPAL AND COUNTY LOANS MAY BE USED 2 FOR REPAIRING OR REPLACING ALL OF THE FOLLOWING WHEN LOST OR 3 SERIOUSLY DAMAGED DUE TO A SMALL DISASTER: 4 (1) BUILDINGS. 5 (2) MAJOR EQUIPMENT OTHER THAN VEHICLES, PLOWS, BACKHOES 6 AND SIMILAR GASOLINE OR DIESEL POWERED MOBILE MACHINERY. 7 (3) OFFICE MACHINES. 8 (4) STREETS. 9 (5) WATER AND SEWER LINES. 10 (6) RECREATIONAL FACILITIES. 11 SECTION 906. RESIDENTIAL LOANS. 12 (A) GENERAL RULE.--RESIDENTIAL LOANS MAY BE MADE ONLY FOR 13 THE REPLACEMENT OR REPAIR OF THE STRUCTURE OF A PRIMARY 14 RESIDENCE AND MUST BE SECURED BY A MORTGAGE ON THE REAL PROPERTY 15 THAT IS THE SUBJECT OF THE LOAN. TENANTS WHO HAVE BEEN FORCED 16 FROM A PRIMARY RENTAL RESIDENCE BY A SMALL DISASTER ARE ELIGIBLE 17 FOR LOANS TO PURCHASE A HOME APPROXIMATELY EQUIVALENT TO THEIR 18 PRIOR RESIDENCE IN SIZE BUT NO SMALLER THAN 400 SQUARE FEET PER 19 INDIVIDUAL OF INTERIOR LIVING SPACE. 20 (B) EXCEPTION.--REPAIRS TO LANDSCAPING, PONDS, POOLS AND 21 OUTBUILDINGS ARE NOT ELIGIBLE FOR PENNCRISIS FUNDING, EXCEPT TO 22 RESPOND TO SERIOUS HAZARDS RESULTING FROM SMALL DISASTER DAMAGE. 23 SECTION 907. GRANTS TO SMALL DISASTER VICTIMS. 24 (A) RESIDENTIAL LOANS.--PERSONS, INCLUDING TENANTS, WHO HAVE 25 LOST CLOTHING, FURNITURE, APPLIANCES, FURNACES, HOT WATER 26 HEATERS OR OTHER CONTENTS OF THEIR PRIMARY RESIDENCES AS THE 27 RESULT OF A SMALL DISASTER SHALL BE ELIGIBLE FOR LOW-INTEREST 28 LOANS NOT TO EXCEED $7,500 PER PERSON IN MULTIPERSON HOUSEHOLDS 29 AND NOT TO EXCEED $15,000 IN SINGLE PERSON HOUSEHOLDS. THE TOTAL 30 AMOUNT PER HOUSEHOLD SHALL NOT EXCEED $25,000. THE INTEREST RATE 20000S1417B2010 - 6 -
1 FOR SUCH LOANS SHALL BE THE CURRENT COST OF LIVING IN THE YEAR 2 OF THE EVENT. 3 (B) RESIDENTIAL GRANTS.--IN THE EVENT THAT INDIVIDUAL 4 FINANCIAL CIRCUMSTANCES INDICATE THAT A PERSON INCURRING LOSSES 5 DESCRIBED IN SUBSECTION (A) DOES NOT REASONABLY HAVE THE ABILITY 6 TO REPAY SUCH ADDITIONAL INDEBTEDNESS, THE ADMINISTERING AGENCY 7 MAY CONVERT SOME OR ALL OF THE AMOUNTS PERMITTED BY SUBSECTION 8 (A) TO GRANTS. 9 (C) EXCESS LOANS.--FOR DOCUMENTABLE LOSSES EXCEEDING THE 10 AMOUNTS SPECIFIED IN SUBSECTION (A), THE ADMINISTERING AGENCY 11 MAY MAKE LOANS TO INDIVIDUALS AT AN INTEREST RATE TWICE THE 12 CURRENT COST OF LIVING. 13 (D) CONTENTS LIMITATIONS.--LOANS AND GRANTS FOR CONTENTS 14 UNDER THIS SECTION SHALL NOT EXCEED ONE-THIRD OF ESTIMATED 15 MARKET VALUE OF THE RESIDENCE PRIOR TO THE SMALL DISASTER. 16 (E) EXCLUSIONS.--PERSONAL ITEMS ELIGIBLE FOR RESIDENTIAL 17 GRANTS AND LOANS SHALL NOT INCLUDE JEWELRY OR OTHER LUXURY ITEMS 18 AND SPORTING EQUIPMENT. 19 SECTION 908. SMALL DISASTER MITIGATION LOANS AND GRANTS. 20 (A) GENERAL RULE.--MUNICIPALITIES AFFECTED BY A SMALL 21 DISASTER MAY APPLY FOR LOANS AND GRANTS TO RECTIFY CONDITIONS OR 22 INADEQUATE PUBLIC FACILITIES THAT LED DIRECTLY TO THE SMALL 23 DISASTER OR CONTRIBUTED SUBSTANTIALLY TO ITS OCCURRENCE OR THE 24 INABILITY OF LOCAL OFFICIALS TO BRING THE DAMAGE UNDER CONTROL. 25 SUBJECTS OF SUCH ASSISTANCE SHALL INCLUDE, BUT ARE NOT LIMITED 26 TO, THE FOLLOWING: 27 (1) MISSING OR INADEQUATE STORM SEWERS OR OTHER WATER 28 MANAGEMENT STRUCTURES, INCLUDING WORK WITHIN STREAM CHANNELS. 29 (2) INADEQUATE FIRE HYDRANTS OR RELATED WATER LINES. 30 (3) WATERSHED PLANS. 20000S1417B2010 - 7 -
1 (4) ENGINEERING STUDIES AND DESIGNS NECESSARY TO EFFECT 2 MITIGATION IMPROVEMENTS. 3 (B) LIMITATION.--SMALL DISASTER MITIGATION ASSISTANCE MAY BE 4 USED ONLY FOR MUNICIPALLY OWNED OR CONTROLLED IMPROVEMENTS. 5 FIREFIGHTING APPARATUS AND OTHER EMERGENCY SERVICES EQUIPMENT 6 AND VEHICLES, INCLUDING TRUCKS, TANKERS AND OTHER VEHICLES, ARE 7 NOT ELIGIBLE FOR MITIGATION ASSISTANCE. 8 (C) CHRONIC FLOODING.--THE COORDINATING AGENCY MAY CONSULT 9 WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION TO IDENTIFY 10 AREAS OF CHRONIC FLOODING THAT RESULT IN FREQUENT DAMAGE TO 11 COMMUNITIES BUT WHICH DO NOT RISE TO THE LEVEL OF A SMALL 12 DISASTER. THE COORDINATING AGENCY, IN CONJUNCTION WITH THE 13 DEPARTMENT OF ENVIRONMENTAL PROTECTION, MAY USE UP TO 25% OF THE 14 PENNCRISIS FUND ANNUAL REVENUE, EXCLUSIVE OF CARRYOVER RESERVES, 15 TO PROVIDE GRANTS AND LOANS TO MUNICIPALITIES TO CORRECT SUCH 16 CONDITIONS. ASSISTANCE SHALL FOLLOW THE FORMULA SET FORTH IN 17 SUBSECTION (E). 18 (D) HAZARD MITIGATION.--HAZARD MITIGATION LOANS AND GRANTS 19 SHALL BE SUBJECT TO THE FOLLOWING: 20 (1) GRANTS FOR HAZARD MITIGATION WORK SHALL BE NO MORE 21 THAN $5,000,000 PER EVENT. 22 (2) LOW-INTEREST LOANS SHALL BE AVAILABLE FOR THE 23 BALANCE OF PROJECT WORK NOT COVERED BY A MITIGATION GRANT. 24 (3) HAZARD MITIGATION LOANS SHALL BEAR INTEREST AT A 25 RATE FIXED AT THE CURRENT YEAR'S COST OF LIVING AND SHALL BE 26 FOR A TERM OF 20 YEARS. 27 (E) FORMULA.--GRANTS AND LOANS SHALL BE AWARDED ON THE 28 FOLLOWING FORMULA: 29 (1) MUNICIPALITIES WITH MEDIAN PER CAPITA PERSONAL 30 INCOME GREATER THAN 20% ABOVE THE STATE MEDIAN PER CAPITA 20000S1417B2010 - 8 -
1 PERSONAL INCOME FOR THE PRECEDING YEAR SHALL BE ELIGIBLE FOR 2 A MITIGATION GRANT OF 50% OF TOTAL PROJECT COSTS. 3 (2) MUNICIPALITIES WITH MEDIAN PER CAPITA PERSONAL 4 INCOME OF BETWEEN 20% LESS THAN AND 20% GREATER THAN THE 5 STATE MEDIAN PER CAPITA PERSONAL INCOME FOR THE PRECEDING 6 YEAR SHALL BE ELIGIBLE FOR A MITIGATION GRANT OF 60% OF TOTAL 7 PROJECT COST. 8 (3) MUNICIPALITIES WITH MEDIAN PER CAPITA PERSONAL 9 INCOME MORE THAN 20% LESS THAN THE STATE MEDIAN PER CAPITA 10 PERSONAL INCOME FOR THE PRECEDING YEAR SHALL BE ELIGIBLE FOR 11 A MITIGATION GRANT OF 70% OF TOTAL PROJECT COST. 12 SECTION 909. THE PENNCRISIS FUND. 13 THERE IS ESTABLISHED UNDER THE JURISDICTION OF THE AGENCY A 14 FUND TO BE CALLED THE PENNCRISIS FUND. 15 (1) BEGINNING WITH SURPLUS REVENUES RECEIVED DURING THE 16 1999-2000 FISCAL YEAR, REVENUE FOR THE PENNCRISIS FUND SHALL 17 BE GENERATED BY RESERVING THE GREATER OF 5% OR $10,000,000 OF 18 EACH YEAR'S SURPLUS REVENUES TO THE COMMONWEALTH GENERATED BY 19 ALL TAXES AND FEES DEPOSITED INTO THE GENERAL FUND. 20 (2) IN A FISCAL YEAR, THE BALANCE OF THE PENNCRISIS FUND 21 SHALL NOT EXCEED $100,000,000; AND THE SUM AVAILABLE FOR 22 EXPENDITURE SHALL NOT EXCEED $50,000,000. 23 (3) REVENUE SHALL BE PLACED INTO A DEDICATED FUND 24 RESERVED FOR THE PROGRAMS AUTHORIZED UNDER THE PENN CRISIS 25 FUND. DEPOSITS INTO THE FUND SHALL NOT LAPSE BUT BE CARRIED 26 FORWARD FROM YEAR TO YEAR. UP TO ONE-HALF OF FUNDS ON RESERVE 27 AND TO BE EARNED BY THE END OF ANY FISCAL YEAR MAY BE USED TO 28 PAY THE COMMONWEALTH'S MATCHING SHARE FOR ANY MAJOR DISASTER 29 DECLARED ELIGIBLE FOR FEDERAL ASSISTANCE BY THE PRESIDENT OF 30 THE UNITED STATES. THE NEED FOR FEDERAL MATCHING FUNDS FOR 20000S1417B2010 - 9 -
1 ANY SPECIFIC MAJOR DISASTER EVENT MAY NOT ENCUMBER PENNCRISIS 2 REVENUES IN YEARS BEYOND THE YEAR OF THE MAJOR EVENT. 3 SECTION 910. TRAINING, ADMINISTRATION AND OPERATIONS. 4 (A) SPECIALIZED STAFF.--THE AGENCY AND EACH ADMINISTERING 5 AGENCY UNDER SECTION 903 SHALL RECRUIT, TRAIN AND DEVELOP STAFF 6 SPECIALIZING IN SMALL DISASTER ASSISTANCE IN THEIR RESPECTIVE 7 PROGRAM AREAS. THE STAFF SECTIONS SHALL BE DEPLOYED BY EACH 8 ADMINISTERING AGENCY IN RESPONSE TO A DECLARED SMALL DISASTER, 9 AS DIRECTED BY THE AGENCY. THESE PERSONNEL SHALL ALSO BE 10 AVAILABLE TO THE AGENCY AT THE DIRECTION OF THE GOVERNOR TO 11 RESPOND TO ANY MAJOR DISASTER IN THIS COMMONWEALTH. 12 (B) FUNDING FOR STAFF.--THE AGENCY AND EACH ADMINISTERING 13 AGENCY SHALL RECEIVE $1,000,000 ANNUALLY, OR AS MUCH THEREOF AS 14 IS NECESSARY, FROM THE PENNCRISIS FUND TO CREATE A PERMANENTLY 15 STAFFED SMALL DISASTER RESPONSE TEAM. WHEN EACH AGENCY'S SMALL 16 DISASTER RESPONSE TEAM IS DEPLOYED ON ASSIGNMENT, THE 17 COORDINATING AGENCY SHALL REIMBURSE THE AGENCY FROM THE 18 PENNCRISIS FUND FOR STANDARD AND NECESSARY TRAVEL AND LIVING 19 COSTS FOR EACH TEAM DEPLOYED TO THE SMALL DISASTER. EXPENDITURES 20 UNDER THIS CATEGORY SHALL NOT EXCEED 10% OF THE REVENUE RECEIVED 21 BY THE PENNCRISIS FUND IN A FISCAL YEAR. 22 (C) AUTHORITY TO APPROVE EXPENDITURES.--IN RESPONSE TO ANY 23 SMALL DISASTER, THE AGENCY SHALL HAVE FINAL AUTHORITY TO APPROVE 24 EXPENDITURES OF PENNCRISIS FUNDS FOR ANY ADDITIONAL PURPOSES IT 25 DEEMS NECESSARY TO SMALL DISASTER RECOVERY UNLESS THE USES ARE 26 SPECIFICALLY PROHIBITED BY THIS CHAPTER. 27 SECTION 911. INSURANCE COVERAGE. 28 ALL LOAN RECIPIENTS SHALL MAINTAIN ADEQUATE PROPERTY 29 INSURANCE COVERAGE FOR THE FULL VALUE OF THE SUBJECT PROPERTY 30 FOR THE TERM OF THE DISASTER ASSISTANCE LOAN AND SHALL INCLUDE 20000S1417B2010 - 10 -
1 FLOOD INSURANCE COVERAGE IF THE PROPERTY IS LOCATED WITHIN A 2 100-YEAR FLOOD PLAIN. 3 SECTION 3. SECTION 5102 OF THE ACT IS AMENDED TO READ: 4 SECTION 5102. APPROPRIATIONS. 5 (A) DROUGHT RELIEF.--THE SUM OF $60,000,000, OR AS MUCH 6 THEREOF AS MAY BE NECESSARY, IS HEREBY APPROPRIATED TO THE 7 DEPARTMENT OF AGRICULTURE TO CARRY OUT THE PROVISIONS OF CHAPTER 8 3. ANY FUNDS NOT NEEDED FOR THE PURPOSES OF CHAPTER 3 SHALL 9 LAPSE TO THE GENERAL FUND ON DECEMBER 31, 2000. 10 (B) CROP INSURANCE.--THE SUM OF $5,600,000, OR AS MUCH AS 11 MAY BE NECESSARY, IS HEREBY APPROPRIATED TO THE DEPARTMENT OF 12 AGRICULTURE TO PROVIDE PAYMENT FOR CROP INSURANCE [UNDER THE 13 USDA-FSA 1999 CROP DISASTER PROGRAM] IN AN AMOUNT UP TO 10% OF 14 THE COST OF THE INSURANCE PREMIUMS AND THE TOTAL AMOUNT OF ALL 15 RELATED FEES FOR [ELIGIBLE] PRODUCERS[, AS DEFINED IN CHAPTER 16 3,] OF AGRICULTURAL COMMODITIES DURING CALENDAR YEARS 2000 AND 17 2001. IF SUFFICIENT FUNDS ARE NOT AVAILABLE TO PROVIDE FOR UP TO 18 10% OF THE COST OF THE INSURANCE PREMIUMS AND THE TOTAL AMOUNT 19 OF ALL RELATED FEES, THE DEPARTMENT OF AGRICULTURE SHALL PRORATE 20 THE AVAILABLE FUNDS AMONG ALL THE [ELIGIBLE] PRODUCERS OF 21 AGRICULTURAL COMMODITIES WHO APPLIED. ANY UNUSED FUNDS SHALL 22 LAPSE INTO THE GENERAL FUND ON JUNE 30, 2001. 23 (C) ORCHARD AND NURSERY INDEMNITY.--THE SUM OF $2,000,000, 24 OR AS MUCH THEREOF AS MAY BE NECESSARY, IS HEREBY APPROPRIATED 25 TO THE DEPARTMENT OF AGRICULTURE TO CARRY OUT THE PROVISIONS OF 26 CHAPTER 5. ANY FUNDS NOT NEEDED FOR THE PURPOSES OF CHAPTER 5 27 SHALL LAPSE TO THE GENERAL FUND ON JUNE 30, 2001. 28 (D) PUBLIC ASSISTANCE AND HAZARD MITIGATION.--THE SUM OF 29 $10,000,000, OR AS MUCH THEREOF AS MAY BE NECESSARY, IS HEREBY 30 APPROPRIATED TO THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY FOR 20000S1417B2010 - 11 -
1 THE MATCH REQUIRED FOR FEDERAL DISASTER FUNDS FOR THE AUGUST AND 2 SEPTEMBER 1999 DISASTERS FOR PUBLIC ASSISTANCE AND HAZARD 3 MITIGATION TO BE ALLOCATED BY THE OFFICE OF THE BUDGET AMONG 4 THESE DISASTERS AND PROGRAMS. THIS APPROPRIATION SHALL BE A 5 CONTINUING APPROPRIATION. 6 (E) SUPPLEMENTAL INDIVIDUAL ASSISTANCE PROGRAM.--THE SUM OF 7 $5,000,000 IS HEREBY APPROPRIATED FROM THE GENERAL FUND FOR 8 ALLOCATION BY THE GOVERNOR FOR PAYMENT OF THE COMMONWEALTH'S 9 SHARE NECESSARY TO SECURE INDIVIDUAL AND FAMILY ASSISTANCE FROM 10 THE FEDERAL GOVERNMENT UNDER THE PROVISIONS OF THE ROBERT T. 11 STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT (PUBLIC 12 LAW 93-288, 88 STAT. 143) AND FOR PAYMENT OF SUPPLEMENTAL 13 INDIVIDUAL ASSISTANCE PROGRAM GRANTS AUTHORIZED PURSUANT TO 14 CHAPTER 7. THIS SUBSECTION SHALL BE CONSTRUED IN A MANNER WHICH 15 SECURES THE MAXIMUM AVAILABLE FEDERAL FUNDING FOR INDIVIDUAL AND 16 FAMILY ASSISTANCE. ANY UNUSED FUNDS NOT NEEDED FOR PURPOSES OF 17 THIS APPROPRIATION SHALL LAPSE TO THE GENERAL FUND ON JUNE 30, 18 2000. 19 (F) OTHER FEDERAL FUNDING.--NOTHING IN THIS ACT SHALL 20 SUPPLANT OR REPLACE ANY FUNDS OTHERWISE AVAILABLE FROM THE 21 FEDERAL GOVERNMENT. 22 (G) PENNCRISIS.--THE SUM OF $10,000,000, OR AS MUCH THEREOF <-- 23 AS MAY BE NECESSARY, IS HEREBY APPROPRIATED TO THE SMALL 24 DISASTER ASSISTANCE FUND FOR THE FISCAL YEAR JULY 1, 2000, TO 25 JUNE 30, 2001, TO CARRY OUT THE PROVISIONS OF CHAPTER 9. 26 Section 2. This act shall take effect immediately. <-- 27 SECTION 4. WHEN THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY <-- 28 DETERMINES THAT FEDERAL LEGISLATION IS IN EFFECT TO PROHIBIT THE 29 FEDERAL EMERGENCY MANAGEMENT AGENCY FROM CONSIDERING THE 30 EXISTENCE OF STATE SMALL DISASTER FUNDS IN THE RECOMMENDATION OF 20000S1417B2010 - 12 -
1 A PRESIDENTIAL DECLARATION OF A MAJOR DISASTER, THE PENNSYLVANIA 2 EMERGENCY MANAGEMENT AGENCY SHALL TRANSMIT TO THE LEGISLATIVE 3 REFERENCE BUREAU A NOTICE OF THE DETERMINATION FOR PUBLICATION 4 IN THE PENNSYLVANIA BULLETIN. 5 SECTION 5. UNTIL PUBLICATION OF THE NOTICE UNDER SECTION 4 6 OF THIS ACT, THE GOVERNOR IS AUTHORIZED TO TRANSFER, UNDER 35 7 PA.C.S. § 7307, UP TO $10,000,000, FOR LOANS AND GRANTS IN 8 ACCORDANCE WITH SECTIONS 904 THROUGH 908 OF THE ACT. THIS 9 SECTION CONSTITUTES ACTION BY THE GENERAL ASSEMBLY UNDER 35 10 PA.C.S. § 7307 TO PERMIT EXCEEDING THE FIGURE SET FORTH IN 35 11 PA.C.S. § 7307. THIS SECTION SHALL EXPIRE JUNE 30, 2001. 12 SECTION 6. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: 13 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT JULY 1, 14 2000, OR IMMEDIATELY, WHICHEVER IS LATER: 15 (I) THE ADDITION OF SECTIONS 901, 902, 904, 905, 16 906, 907, 908 AND 911 OF THE ACT. 17 (II) SECTION 5 OF THIS ACT. 18 (2) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT UPON 19 PUBLICATION OF THE NOTICE UNDER SECTION 4 OF THIS ACT: 20 (I) THE AMENDMENT OF THE TITLE OF THE ACT. 21 (II) THE ADDITION OF SECTIONS 903, 909 AND 910 OF 22 THE ACT. 23 (III) THE ADDITION OF SECTION 5102(G) OF THE ACT. 24 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 25 IMMEDIATELY. C30L03RLE/20000S1417B2010 - 13 -