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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DeLUCA, BOBACK, GEIST, GEORGE, KORTZ, KOTIK, LEVDANSKY, MUSTIO, READSHAW, SIPTROTH, SOLOBAY, THOMAS, VULAKOVICH, WALKO AND YOUNGBLOOD, FEBRUARY 19, 2009 |
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| REFERRED TO COMMITTEE ON INSURANCE, FEBRUARY 19, 2009 |
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| AN ACT |
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1 | Establishing the Landslide Insurance and Assistance Program |
2 | within the Pennsylvania Emergency Management Agency; |
3 | providing for related powers and duties of the Pennsylvania |
4 | Emergency Management Agency; establishing and providing for |
5 | the powers and duties of the Landslide Insurance and |
6 | Assistance Board; establishing the Landslide Insurance Fund |
7 | and the Landslide Assistance Fund; and making appropriations. |
8 | TABLE OF CONTENTS |
9 | Chapter 1. Preliminary Provisions |
10 | Section 101. Short title. |
11 | Section 102. Declaration of policy. |
12 | Section 103. Definitions. |
13 | Chapter 3. Program Generally |
14 | Section 301. Program goals. |
15 | Section 302. Board. |
16 | Section 303. Appeals. |
17 | Section 304. Program generally. |
18 | Section 305. Program authority. |
19 | Section 306. Land use controls and rate structure. |
20 | Chapter 5. Landslide Insurance Fund |
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1 | Section 501. Landslide Insurance Fund. |
2 | Section 502. Schedule of premiums. |
3 | Section 503. Surplus. |
4 | Section 504. Insurance program. |
5 | Section 505. Application for increase in insurance. |
6 | Section 506. Automatic inflation protection increase. |
7 | Section 507. Audit by Auditor General. |
8 | Section 508. Claims against insurance fund. |
9 | Section 509. Defenses against claims and procedure. |
10 | Section 510. Subrogation to rights of claimants. |
11 | section 511. Insurance companies may cover risk. |
12 | Section 512. Escrow of premium payments. |
13 | Section 513. Properties in violation of State or local law. |
14 | Chapter 7. Mitigation Assistance |
15 | Section 701. Mitigation assistance. |
16 | Section 702. Landslide Assistance Fund. |
17 | Section 703. Construction permits. |
18 | Chapter 9. Program Administration and Funding |
19 | Section 901. Regulations. |
20 | Section 902. Agency report. |
21 | Section 903. Program funding. |
22 | Section 904. Reimbursement. |
23 | Section 905. Appropriations. |
24 | Section 906. Cost of administration. |
25 | Section 907. Commissions. |
26 | Chapter 21. Miscellaneous Provisions |
27 | Section 2101. Effective date. |
28 | The General Assembly of the Commonwealth of Pennsylvania |
29 | hereby enacts as follows: |
30 | CHAPTER 1 |
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1 | PRELIMINARY PROVISIONS |
2 | Section 101. Short title. |
3 | This act shall be known and may be cited as the Landslide |
4 | Insurance and Assistance Program Act. |
5 | Section 102. Declaration of policy. |
6 | The General Assembly finds and declares as follows: |
7 | (1) Geologists have studied with increasing concern the |
8 | underground movement of the geological formations in this |
9 | Commonwealth and its impeding effects on the vertical and |
10 | horizontal natural and manmade surfaces. |
11 | (2) Landslides and slope movement have historically been |
12 | the norm throughout most parts of this Commonwealth. |
13 | (3) Landslides and slope movements occur without regard |
14 | for municipal boundaries, ordinances, planning codes, |
15 | politics and economies, making it difficult for local |
16 | officials to deal effectively with the development and |
17 | implementation of methods and standards to control the |
18 | devastation these natural forces can cause. |
19 | (4) Landslides and slope movement have caused an |
20 | enormous amount of damage to homes and roadways in this |
21 | Commonwealth, particularly the southwestern region of the |
22 | State. |
23 | (5) Landslides and slope movement will continue to |
24 | plague southwestern Pennsylvania. |
25 | (6) Landslides affect every state in the nation causing |
26 | an estimated $1,000,000,000 to $3,000,000,000 in damages a |
27 | year. |
28 | (7) Landslide damage caused by flooding is not covered |
29 | by the National Flood Insurance Program. |
30 | (8) While landslide damage caused by mining practices is |
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1 | covered by the Coal and Clay Mine Subsidence Insurance Fund |
2 | and mudslide damage is covered by the National Flood |
3 | Insurance Program, other types of landslide damage are |
4 | usually not covered by insurance. |
5 | (9) Problems associated with landslide damage are |
6 | becoming more widespread. |
7 | (10) It would be to the advantage of residents of the |
8 | landslide-prone areas of this Commonwealth to form a common |
9 | bond to combat distress resulting from landslides. |
10 | Section 103. Definitions. |
11 | The following words and phrases when used in this act shall |
12 | have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Agency." The Pennsylvania Emergency Management Agency. |
15 | "Assistance fund." The Landslide Assistance Fund established |
16 | in section 702. |
17 | "Board." The Landslide Insurance and Assistance Board |
18 | established in section 302. |
19 | "Community." Either of the following: |
20 | (1) A political subdivision that has zoning and building |
21 | code jurisdiction over an area having landslide hazards. |
22 | (2) A political subdivision that is designated to |
23 | develop and administer a mitigation plan. |
24 | "Extremely hazardous area." An area where all of the |
25 | following factors that contribute to landslides occur in the |
26 | same location: |
27 | (1) Steep slopes. |
28 | (2) Soils prone to landslides. |
29 | (3) Landslide features. |
30 | "Further review area." An area for which additional site- |
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1 | specific review is needed based on a geological map or model |
2 | identifying the area as including a site prone to experience a |
3 | landslide. |
4 | "GIS." Geographic Information Systems. |
5 | "Hazardous area." An area where one of the following factors |
6 | that contribute to landslides occurs: |
7 | (1) Steep slopes. |
8 | (2) Soils prone to landslides. |
9 | (3) Landslide features. |
10 | "Insurance fund." The Landslide Insurance Fund established |
11 | in section 501. |
12 | "Landslide." Any detached mass of soil, rock, earth or |
13 | debris that moves down a slope and is of sufficient size to |
14 | cause damage. The term includes sinkholes. |
15 | "Landslide features." Includes, but is not limited to, |
16 | rockfall areas, creep, red beds and historic landslides. |
17 | "Mitigation." An activity relative to landslides that |
18 | prevents an emergency from occurring, reduces the likelihood of |
19 | an emergency occurring or lessens the damaging effects of |
20 | unavoidable emergencies. |
21 | "Mitigation plan." A plan designed by a community that when |
22 | implemented provides mitigation. |
23 | "Program." The Landslide Insurance and Assistance Program |
24 | established in section 304. |
25 | CHAPTER 3 |
26 | PROGRAM GENERALLY |
27 | Section 301. Program goals. |
28 | The goals of the program are as follows: |
29 | (1) To provide actuarially sound insurance coverage. |
30 | (2) To make program policies universally available and |
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1 | competitively priced. |
2 | (3) To make use of the most effective scientific and |
3 | technological advances available, including technology such |
4 | as GIS. |
5 | (4) To process claims promptly, fairly and consistently. |
6 | (5) To provide tools and incentives for landslide loss |
7 | reduction, including the assistance fund. |
8 | (6) To collaborate with other organizations that operate |
9 | in the public interest to assist in achieving program goals. |
10 | Section 302. Board. |
11 | (a) Board established.--The Landslide Insurance and |
12 | Assistance Board is hereby established within the Pennsylvania |
13 | Emergency Management Agency. |
14 | (b) Members.--The board shall consist of the following |
15 | members: |
16 | (1) The Secretary of Banking or a designee. |
17 | (2) The Secretary of Community and Economic Development |
18 | or a designee. |
19 | (3) The Secretary of Conservation and Natural Resources |
20 | or a designee. |
21 | (4) The Secretary of Environmental Protection or a |
22 | designee. |
23 | (5) The Insurance Commissioner or a designee. |
24 | (6) The Secretary of Public Welfare or a designee. |
25 | (7) The Secretary of the Commonwealth or a designee. |
26 | (8) The Secretary of Transportation or a designee. |
27 | (9) The State Treasurer or a designee. |
28 | (10) The Director of the Pennsylvania Emergency |
29 | Management Agency or a designee. |
30 | (11) The Executive Director of the Pennsylvania Housing |
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1 | Finance Agency or a designee. |
2 | (c) Chairperson.--The Director of the Pennsylvania Emergency |
3 | Management Agency or the designee shall serve as the chairperson |
4 | of the board. |
5 | (d) General counsel.--The Attorney General shall, ex |
6 | officio, be the general counsel of the board and shall appoint |
7 | an attorney or attorneys as may be deemed necessary to aid the |
8 | board in its functioning. |
9 | (e) Employees.--All employees of the board shall be employed |
10 | by and located in the agency and shall be subject to the |
11 | administrative jurisdiction and authority of the agency. |
12 | Section 303. Appeals. |
13 | Any party aggrieved by an action of the board shall have the |
14 | right to appeal in accordance with 2 Pa.C.S. (relating to |
15 | administrative law and procedure). |
16 | Section 304. Program generally. |
17 | (a) Establishment.--The Landslide Insurance and Assistance |
18 | Program is hereby established within the agency. |
19 | (b) Program components.--The program shall consist of the |
20 | following components: |
21 | (1) A grant program. |
22 | (2) A revolving loan program. |
23 | (3) An insurance program. |
24 | (c) Purposes.--The grant program and the revolving loan |
25 | program are established for the primary purposes of mitigation |
26 | and repairing minor structural damage. The board shall employ |
27 | the grant program and the revolving loan program as tools to aid |
28 | in the success of the insurance fund. |
29 | Section 305. Program authority. |
30 | (a) Intergovernmental cooperation.--The program shall: |
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1 | (1) Work closely with Federal, State and local agencies |
2 | and any other government agencies, including those of other |
3 | states, to accomplish program goals. |
4 | (2) Create and implement a Statewide landslide |
5 | mitigation plan that would encourage and support local |
6 | mitigation efforts. |
7 | (3) Investigate sites to define hazards. |
8 | (4) Recommend legislation, regulations, ordinances and |
9 | zoning to mitigate slope instability contributed by |
10 | excavation and drainage. |
11 | (5) Work with local governments to evaluate risk |
12 | associated with certain homesite development. |
13 | (6) Share the most up-to-date geological surveys, in the |
14 | form of maps, GIS data or other useful form, and related |
15 | information, free of charge to government agencies and |
16 | appropriate representatives of communities, and at a |
17 | reasonable cost to all other persons. Receipts under this |
18 | paragraph shall be deposited in the assistance fund. |
19 | (7) Inform the Department of Transportation which |
20 | highways are at greatest risk from landslides. |
21 | (8) Notify local governments in areas with the greatest |
22 | risk from landslides. |
23 | (9) Have the authority to consult, receive information |
24 | and enter into any agreements or other arrangements in order |
25 | to identify and publish information with respect to all |
26 | landslide-prone areas, establish or update landslide-risk |
27 | zone data and make estimates with respect to the rates of |
28 | probable landslide-caused loss for the various landslide risk |
29 | zones for each of these areas. |
30 | (10) Publish any change to landslide insurance map |
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1 | panels. |
2 | (11) Ensure that it is consistent in landslide control, |
3 | landslide forecasting and landslide damage prevention. |
4 | (b) Studies and investigations.-- |
5 | (1) The program is authorized to carry out necessary |
6 | studies and investigations, utilizing to the maximum extent |
7 | practicable the existing facilities and services of other |
8 | Federal and Commonwealth departments or agencies, local |
9 | governmental agencies and any other organizations, with |
10 | respect to the adequacy of State and local measures in |
11 | landslide-prone areas as to: |
12 | (i) Land management and use. |
13 | (ii) Landslide control. |
14 | (iii) Zoning. |
15 | (iv) Landslide damage prevention. |
16 | (2) The program may enter into any contracts, agreements |
17 | or other appropriate arrangements to carry out its authority |
18 | under this section. The studies and investigations shall |
19 | include, but not be limited to, the following: |
20 | (i) Laws. |
21 | (ii) Regulations. |
22 | (iii) Ordinances. |
23 | (iv) Zoning. |
24 | (v) Building codes. |
25 | (vi) Building permits. |
26 | (vii) Subdivision or other building restrictions. |
27 | (c) State and local measures.--On the basis of studies and |
28 | investigations under subsection (b) and other information as the |
29 | agency deems necessary, the program shall develop comprehensive |
30 | criteria designed to encourage, where necessary, the adoption of |
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1 | adequate State and local measures which, to the maximum extent |
2 | feasible, will: |
3 | (1) Constrict the development of land which is exposed |
4 | to landslide damage where appropriate. |
5 | (2) Guide the development of proposed construction away |
6 | from locations which are threatened by landslide hazards. |
7 | (3) Assist in reducing damage caused by landslides. |
8 | (4) Otherwise improve the long-range land management and |
9 | use of landslide-prone areas. |
10 | (d) Technical assistance.--The program shall work closely |
11 | with and provide any necessary technical assistance to State and |
12 | local governmental agencies to encourage the application of the |
13 | criteria and the adoption and enforcement of the measures under |
14 | this section. |
15 | Section 306. Land-use controls and rate structure. |
16 | Local governments may initiate land-use controls for the |
17 | benefit of their residents. The following shall apply: |
18 | (1) No new landslide insurance coverage shall be |
19 | provided to new construction without preapproval by an |
20 | appropriate local public body, which shall have the option of |
21 | adopting adequate land use and control measures with |
22 | effective enforcement provisions. |
23 | (2) A community rating system shall be employed by the |
24 | board as an incentive for community landslide management. |
25 | (3) Rate structures shall provide incentives for |
26 | measures that reduce the risk of landslide damage and |
27 | evaluate the measures. The program shall provide incentives |
28 | in the form of credits on premium rates for landslide |
29 | insurance coverage in communities that the agency determines |
30 | have adopted and enforced measures that reduce the risk of |
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1 | landslide damage. |
2 | (4) The credits on premium rates for flood insurance |
3 | coverage shall be based on the estimated reduction in flood |
4 | and erosion damage risks resulting from the measures adopted |
5 | by the community under the program. If a community has |
6 | received mitigation or other assistance under the program, |
7 | the credits may be used in a manner determined by the agency |
8 | to recover the amount of assistance provided for the |
9 | community. |
10 | CHAPTER 5 |
11 | LANDSLIDE INSURANCE FUND |
12 | Section 501. Landslide Insurance Fund. |
13 | (a) Establishment.--The Landslide Insurance Fund is |
14 | established as a separate fund in the Treasury Department. The |
15 | insurance fund shall be administered by the board for the |
16 | purpose of insuring subscribers against the damages to their |
17 | structures resulting from landslides if the damage is not |
18 | covered by other insurance programs or coverage. |
19 | (b) Administration.--The insurance fund shall be |
20 | administered by the board without liability on the part of the |
21 | Commonwealth beyond the amount of the fund except as provided |
22 | under this act and shall be applied to the payment of damage as |
23 | described under subsection (a). |
24 | (c) State Treasurer as custodian of insurance fund.--The |
25 | State Treasurer shall be the custodian of the insurance fund, |
26 | and all disbursements from the insurance fund shall be paid at |
27 | the request of the board. For making payments without audit, the |
28 | State Treasurer shall not be under any liability whatsoever. The |
29 | State Treasurer may deposit any portion of the insurance fund |
30 | not needed for immediate use as other State funds are lawfully |
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1 | deposited. The interest shall be placed to the credit of the |
2 | insurance fund. |
3 | Section 502. Schedule of premiums. |
4 | At any time during each year the board shall prepare and |
5 | publish a schedule of premiums or rates of insurance for |
6 | subscribers. This schedule shall be printed and distributed free |
7 | of charge to any person upon application. Any subscriber may at |
8 | the subscriber's option pay to the insurance fund the amount of |
9 | premium appropriate, and upon payment of the premium shall be |
10 | insured for the year for which the premium is paid. The |
11 | insurance shall cover all payments becoming due for which the |
12 | premium is paid. The premium shall be adequate to enable payment |
13 | of all sums which may become due and payable under this act, and |
14 | adequate reserve sufficient to carry all policies and claims to |
15 | maturity. In establishing the premiums payable by any |
16 | subscriber, the board may take into account the condition of the |
17 | premises of the subscriber in respect to the possibility of |
18 | landslide damage as shown by the report of any inspector |
19 | appointed by the board or by the agency. The board may change |
20 | the amount of premiums payable by any of the subscribers as |
21 | circumstances may require and the condition of the premises of |
22 | the subscribers in respect to the possibility of a landslide may |
23 | justify. The board may increase the premiums of any subscriber |
24 | whose loss experience warrants a change. The insurance of any |
25 | subscriber shall not be effective until the premium so fixed and |
26 | determined has been paid in full. |
27 | Section 503. Surplus. |
28 | The board shall set aside 5% of all premiums collected for |
29 | the creation of a surplus until the surplus is sufficiently |
30 | large to cover catastrophic hazard of all the subscribers to the |
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1 | insurance fund and to guarantee the solvency of the fund. At |
2 | such point, the board shall reevaluate the set-aside and |
3 | investment of the surplus and make a recommendation to the |
4 | General Assembly. |
5 | Section 504. Insurance program. |
6 | (a) General rule.--Any owner of a structure located within a |
7 | landslide-prone region who desires to become a subscriber to the |
8 | insurance fund for the purpose of insuring a structure in the |
9 | region against damage from landslides shall make a complete |
10 | application as prescribed by the board to the board, its agents |
11 | or insurance producers. Upon receipt of an application, the |
12 | board shall make an investigation as may be necessary if the |
13 | application complies with the rules and regulations of the |
14 | board. Within 60 days after the request for an application is |
15 | received the board shall issue a certificate showing the |
16 | acceptance of the application and the amount of premium payable |
17 | by the applicant for one, two or three years as the board may |
18 | establish. No insurance shall become effective until the premium |
19 | has been paid. All premiums shall be made payable to the State |
20 | Treasurer whereupon a receipt shall be issued therefor. The |
21 | receipt for premium together with a certificate of the board |
22 | shall be evidence that the applicant has become a subscriber to |
23 | the insurance fund and is insured from the date of application. |
24 | The following apply: |
25 | (1) The insurance may be subject to later reductions, |
26 | and premiums adjusted accordingly, if the board determines |
27 | that the amount of insurance coverage requested is in excess |
28 | of the current replacement cost of the structure or the |
29 | maximum amount of coverage established by the fund, whichever |
30 | is less. |
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1 | (2) The insurance shall be void if, upon investigation |
2 | of the structure, the board determines that either landslide |
3 | damage occurred before the application was submitted or the |
4 | applicant is responsible for not allowing the board to |
5 | inspect the structure within 60 days of receipt of the |
6 | application. |
7 | (3) The use of the most current science available to |
8 | identify landslide-prone areas shall be employed. If the |
9 | property is located in a further review area within a |
10 | hazardous area, the property owner may be required to |
11 | complete a site assessment with a licensed professional, |
12 | which may include an onsite evaluation. The property owner |
13 | shall fund this assessment. This assessment may also be |
14 | required before a local government accepts an application for |
15 | a development permit. |
16 | (4) Notwithstanding any other provision of law, any |
17 | structure repaired or restored to its original condition with |
18 | moneys from the insurance fund shall not be eligible for |
19 | duplicative disaster relief assistance from programs |
20 | administered by the agency. |
21 | (5) In order to assist insurance producers and potential |
22 | policyholders in identifying structures that could be at risk |
23 | from landslides, the board shall publish and update in the |
24 | Pennsylvania Bulletin a list of areas in this Commonwealth |
25 | that are believed to be at risk for landslide damage. |
26 | (b) Penalty.--A person who knowingly furnishes or makes any |
27 | false certificate, application or statement required under this |
28 | section commits a misdemeanor and shall, upon conviction, be |
29 | sentenced to pay a fine of not more than $1,500 or to |
30 | imprisonment for not more than one year, or both. |
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1 | Section 505. Application for increase in insurance. |
2 | Additions in the amount of insurance are subject to the same |
3 | standards as initial applications. |
4 | Section 506. Automatic inflation protection increase. |
5 | The board shall make available to all subscribers an annual |
6 | inflation protection option on the anniversary date of each |
7 | policy issued only if the total insurance remains at or under |
8 | the value of the structure itself. An inflation protection |
9 | increase shall not be subject to a reinspection of the |
10 | structure. |
11 | Section 507. Audit by Auditor General. |
12 | The Auditor General shall at least once each year make a |
13 | complete examination and audit of the insurance fund, including |
14 | all receipts and expenditures, cash on hand, investments and |
15 | property held representing cash or cash disbursements. For these |
16 | purposes the Auditor General is hereby authorized to employ |
17 | agents and staff as the Auditor General may deem necessary. The |
18 | expense incurred in making the examination and audit shall be |
19 | certified to the insurance fund by the Auditor General and shall |
20 | be paid from the program. |
21 | Section 508. Claims against insurance fund. |
22 | Any subscriber to the insurance fund must file with the board |
23 | a true statement of the subscriber's claim for any landslide |
24 | damage and shall give to the board an opportunity to investigate |
25 | and to determine whether the board will pay the claim. |
26 | Section 509. Defenses against claims and procedure. |
27 | In every case where a claim is made against the insurance |
28 | fund, the fund shall be entitled to every defense against the |
29 | claim under the policy and shall be subrogated to every right of |
30 | the subscriber arising out of such accidents against any third |
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1 | persons. The insurance fund may, in the name of the fund, sue or |
2 | be sued to enforce any right given against or to any subscriber |
3 | or other persons under this act. |
4 | Section 510. Subrogation to rights of claimants. |
5 | Nothing in this act shall relieve any person, partnership or |
6 | corporation otherwise liable therefor from any liability for |
7 | damages sustained by a subscriber. The insurance fund shall be |
8 | subrogated to the rights of any property owner's insurance under |
9 | this act. |
10 | Section 511. Insurance companies may cover risk. |
11 | Any insurance company may issue policies covering the type of |
12 | risk provided for under this chapter subject to the prior |
13 | approval of the Insurance Commissioner as to policy form and |
14 | rates. |
15 | Section 512. Escrow of premium payments. |
16 | Mortgage lenders shall escrow the landslide insurance premium |
17 | payments if they offer the purchase of the insurance. |
18 | Section 513. Properties in violation of State or local law. |
19 | No new landslide insurance coverage shall be provided for any |
20 | property which the agency finds has been declared by a State or |
21 | local zoning authority, or other authorized public body, to be |
22 | in violation of State or local laws, regulations or ordinances |
23 | which are intended to discourage or otherwise restrict land |
24 | development or occupancy in landslide-prone areas. |
25 | CHAPTER 7 |
26 | MITIGATION ASSISTANCE |
27 | Section 701. Mitigation assistance. |
28 | (a) Financial assistance generally.--The agency shall carry |
29 | out a program to provide financial assistance to communities and |
30 | individuals for planning and carrying out activities designed to |
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1 | reduce the risk of landslide damage to structures covered under |
2 | contracts for landslide insurance. Financial assistance may be |
3 | made available to communities and individuals in the form of |
4 | grants or revolving loans for the carrying out of mitigation |
5 | activities. Loans shall carry an interest rate of no more than |
6 | 3%. |
7 | (b) Grants.--The agency may make grants under this section |
8 | to communities to assist in developing mitigation plans. |
9 | (c) Eligibility.--To be eligible to receive financial |
10 | assistance, a community shall develop a mitigation plan that |
11 | describes the mitigation activities to be carried out with |
12 | assistance provided under this section. The mitigation plan must |
13 | be consistent with the criteria established by the agency and |
14 | provide protection against landslide losses to structures for |
15 | which contracts for flood insurance are available under this |
16 | act. The mitigation plan shall be consistent with a |
17 | comprehensive strategy for mitigation activities for the area |
18 | affected by the mitigation plan that has been adopted by the |
19 | community following a public hearing. |
20 | (d) Procedure.--The agency shall notify a community |
21 | submitting a mitigation plan of the approval or disapproval of |
22 | the plan not later than 120 days after submission of the plan. |
23 | If the agency does not approve a mitigation plan submitted under |
24 | this section, the agency shall notify in writing the community |
25 | submitting the plan of the reasons for the disapproval. |
26 | (e) Limitation.--Amounts provided under this section may be |
27 | used only for mitigation activities specified in a mitigation |
28 | plan approved by the agency. The agency may approve only |
29 | mitigation plans that specify mitigation activities that are |
30 | technically feasible and cost effective and that are cost |
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1 | beneficial under Chapter 5. |
2 | (f) Approval.--The agency shall approve funding for |
3 | mitigation plans based on criteria that include: |
4 | (1) Criteria under subsection (e). |
5 | (2) Proposed activities to address repetitive loss |
6 | structures and structures that have incurred substantial |
7 | damage. |
8 | (g) Matching funds.--The agency may require a community to |
9 | match grant funds. |
10 | (h) Oversight.--The agency shall conduct oversight of |
11 | recipients of mitigation assistance to ensure that the |
12 | assistance is used in compliance with the approved mitigation |
13 | plans of the recipients and that any matching fund requirements |
14 | are fulfilled. |
15 | (i) Failure to comply.--If the agency determines that a |
16 | community that has received mitigation assistance has not |
17 | carried out the mitigation activities as set forth in the |
18 | mitigation plan or has not secured required matching funds, the |
19 | agency shall recapture any unexpended amounts and redeposit the |
20 | amounts in the assistance fund. |
21 | Section 702. Landslide Assistance Fund. |
22 | The Landslide Assistance Fund is hereby established as a |
23 | restricted account in the Treasury Department. The assistance |
24 | fund shall be administered by the agency and shall be comprised |
25 | of moneys appropriated for purposes of this chapter. All moneys |
26 | in the assistance fund and the interest accruing thereon are |
27 | appropriated to the agency on a continuing basis to carry out |
28 | the provisions of this chapter. |
29 | Section 703. Construction permits. |
30 | No Commonwealth agency shall approve any financial assistance |
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1 | for the acquisition of land for construction purposes in any |
2 | area that has been identified by the agency as an extremely |
3 | hazardous zone without approval to proceed by the agency based |
4 | on the results of a risk assessment. |
5 | CHAPTER 9 |
6 | PROGRAM ADMINISTRATION AND FUNDING |
7 | Section 901. Regulations. |
8 | The agency, in conjunction with the board, may promulgate |
9 | rules and regulations and establish other conditions of the |
10 | policies as it deems just and expedient in keeping with the |
11 | fulfillment of the purposes of this act, including reasonable |
12 | classification of risks eligible for coverage under this act, |
13 | limits of coverage and rules covering the adjustment and |
14 | settlement of claims. |
15 | Section 902. Agency report. |
16 | The agency shall make an annual report on the program and on |
17 | experience with landslide insurance sales through producers to |
18 | the General Assembly. Each report shall include mitigation |
19 | efforts, an analysis of the cost-effectiveness of the program, |
20 | accomplishments or shortcomings of the program and |
21 | recommendations for legislation regarding the program. |
22 | Section 903. Program funding. |
23 | The program shall be funded by the General Assembly through |
24 | an appropriation of moneys to the Pennsylvania Emergency |
25 | Management Agency until which time the insurance fund and |
26 | assistance fund are deemed self-sufficient by the General |
27 | Assembly. |
28 | Section 904. Reimbursement. |
29 | The program shall reimburse any Commonwealth departments for |
30 | agreed-upon costs of services that aid in administering the |
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1 | program. |
2 | Section 905. Appropriations. |
3 | (a) Insurance fund.--The sum of $2,500,000, or as much |
4 | thereof as may be necessary, is hereby appropriated to the |
5 | Landslide Insurance Fund for the fiscal year July 1, 2009, |
6 | through June 30, 2010. |
7 | (b) Assistance fund.--The sum of $2,500,000, or as much |
8 | thereof as may be necessary, is hereby appropriated to the |
9 | Landslide Assistance Fund for the fiscal year July 1, 2009, |
10 | through June 30, 2010. |
11 | (c) Agency.--Moneys in the Landslide Insurance Fund and the |
12 | Landslide Assistance Fund are hereby appropriated to the |
13 | Pennsylvania Emergency Management Agency in such amounts as may |
14 | be determined annually by the Governor to be used for the |
15 | specified purposes of this act. |
16 | (d) Additional appropriations.--If, upon completion of the |
17 | annual examination and audit, it is determined that the total |
18 | asset value of either the insurance fund or assistance fund is |
19 | less than $2,500,000, such additional sum as may be necessary to |
20 | increase the total asset value of the fund or funds to |
21 | $2,500,000 shall be appropriated. |
22 | Section 906. Cost of administration. |
23 | The board shall keep an accurate account of the money paid in |
24 | premiums by the subscribers and the disbursements on account of |
25 | damages to premises. If, at the expiration of any year there |
26 | shall be a balance remaining after deducting the disbursements, |
27 | the unearned premiums on undetermined risks and the percentage |
28 | of premiums paid or payable to create or maintain the surplus |
29 | provided under this act, and after setting aside an adequate |
30 | reserve, the board may determine to allocate to the cost of |
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1 | administering the insurance fund. |
2 | Section 907. Commissions. |
3 | Moneys from the insurance fund shall be available to pay a |
4 | one-time commission as determined by the board to insurance |
5 | producers who forward applications for landslide insurance to |
6 | the board if a policy is issued pursuant to an application |
7 | submitted by an insurance producer. The amount of the commission |
8 | shall be determined by the board on an annual basis. |
9 | CHAPTER 21 |
10 | MISCELLANEOUS PROVISIONS |
11 | Section 2101. Effective date. |
12 | This act shall take effect July 1, 2009, or immediately, |
13 | whichever is later. |
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