THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MILLARD, ADOLPH, BAKER, BOBACK, CALTAGIRONE, CARROLL, EVERETT, FARRY, FLECK, GINGRICH, HESS, HORNAMAN, KNOWLES, MAJOR, MICOZZIE, MOUL, MULLERY, MUNDY, MYERS, PICKETT, SCAVELLO, CULVER, TAYLOR, TOOHIL AND YOUNGBLOOD, NOVEMBER 9, 2011

REFERRED TO COMMITTEE ON APPROPRIATIONS, NOVEMBER 9, 2011  

AN ACT

Itemizing public improvement projects for flood protection and

flood damage repair to be constructed by the Department of

General Services, together with their estimated financial

costs; stating the estimated useful life of the projects;

making an appropriation; and providing for the adoption of

specific disaster mitigation or assistance projects to be

financed from debt incurred under clause (1) of subsection

(a) of section 7 of Article VIII of the Constitution of

Pennsylvania.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

GENERAL PROVISIONS

Section 101.  Short title.

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

and Disaster Mitigation Itemization Act of 2011.

CHAPTER 3

DISASTER CAPITAL BUDGET PROJECT ITEMIZATIONS

Section 301.  Scope.

This chapter relates to disaster capital budget project

itemizations in 2011.

Section 302.  Total authorization.

The total authorization for the capital projects in the

category of public improvement projects itemized in section 3

and to be constructed by the Department of General Services, its

successors or assigns, and to be financed from debt incurred

under clause (1) of subsection (a) of section 7 of Article VIII

of the Constitution of Pennsylvania shall be $90,000,000.

Section 303.  Itemization of public improvement projects.

Additional capital projects in the category of public

improvement projects to be constructed by the Department of

General Services, its successors or assigns, and to be financed

from debt incurred under clause (1) of subsection (a) of section

7 of Article VIII of the Constitution of Pennsylvania are hereby

itemized, together with their respective estimated financial

costs, as follows:

Section 304.  Estimated useful life and term of debt.

The General Assembly states that the estimated useful life of

the public improvement projects and flood control projects

itemized in this chapter is 30 years.

Section 305.  Federal funds.

All moneys received from the Federal Government for the

projects specifically itemized in this chapter are also hereby

appropriated for those projects.

Section 306.  Construction.

(a)  Funding.--Amounts contained in this chapter for any

project shall not supplant or replace any Federal funds

authorized by any Federal law or regulation. Funding from this

chapter for any project is available only to the extent that

Federal funds are not available for such project.

(b)  Flood mitigation projects.--Projects that are itemized

in this chapter are deemed to be flood mitigation projects for

purposes of and funding under Chapter 5 to the extent that the

projects qualify under The Robert T. Stafford Disaster Relief

and Emergency Assistance Act (Public Law 93-288, 88 Stat. 143).

CHAPTER 5

DISASTER MITIGATION AND ASSISTANCE PROJECTS

Section 501.  Scope.

This chapter relates to disaster mitigation and assistance

projects itemization in 2011.

Section 502.  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:

"Disaster."  The period of time in calendar year 2011

relating to Hurricane Irene and Tropical Storm Lee that was the

subject of a Presidential declaration of an emergency under The

Robert T. Stafford Disaster Relief and Emergency Assistance Act

(Public Law 93-288, 88 Stat. 143).

Section 503.  Total authorization.

The total authorization for disaster mitigation projects or

public assistance projects as defined in The Robert T. Stafford

Disaster Relief and Emergency Assistance Act (Public Law 93-288,

88 Stat. 143) and to be financed in part with grants limited to

the required match for the Federal share of the costs made to

local political subdivisions or nonprofit organizations where

applicable as itemized in this chapter is $8,000,000. Projects

for which no Federal funds are received shall not receive

funding under this chapter.

Section 504.  Itemization of disaster mitigation or assistance

projects.

The individual disaster mitigation or assistance projects to

be financed from current revenues or debt are hereby itemized,

together with their respective estimated financial costs, in

this chapter.

Section 572.  Funds.

The projects itemized in this chapter shall be funded from

debt incurred under the provisions of clause (1) of subsection

(a) of section 7 of Article VIII of the Constitution of

Pennsylvania.

Section 573.  State and local participation levels.

(a)  Public assistance.--The required non-Federal

contribution of 25% necessary to secure Federal public

assistance funding shall be divided between the State and the

affected local political subdivision or nonprofit organization

where applicable. The State share will be 22%, and the political

subdivision or nonprofit organization share will be 3%.

(b)  Local waiver.--The Commonwealth may reduce the share of

an affected political subdivision if the tax base of that

political subdivision was substantially reduced as a direct

result of Hurricane Irene or Tropical Storm Lee or if payment of

the local share exceeds 40% of the most recently adopted annual

budget of the political subdivision. The Commonwealth may

require the adoption of appropriate flood control or storm water

management plans as a condition of the waiver if the adoption of

the plan does not present additional financial hardship.

Section 574.  Federal funds.

All moneys received from the Federal Government for the

projects specifically itemized in this chapter are also hereby

appropriated for those projects.

Section 575.  Construction.

Amounts contained in this chapter for any project shall not

supplant or replace any Federal funds authorized by any Federal

law or regulation. Funding from this chapter for any project is

available only to the extent that Federal funds are not

available for such project.

CHAPTER 7

MISCELLANEOUS PROVISIONS

Section 701.  Constitutional construction.

The provisions of this act shall be severable and, if any of

the provisions of this act shall be held unconstitutional, such

decisions shall not affect the validity of any of the remaining

provisions of this act. It is hereby declared as the legislative

intent that this act would have been adopted had such

unconstitutional provisions not been included in this act.

Section 702.  Effective date.

This act shall take effect immediately.