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, YOUNGBLOOD, GEIST AND TOBASH, NOVEMBER 9, 2011

AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 26, 2012   

AN ACT

Itemizing public improvement projects for flood protection and

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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.

Itemizing public improvement projects for flood protection and

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flood damage repair to be constructed by the Department of

General Services, together with their estimated financial

costs; providing for the adoption of specific disaster

mitigation or assistance projects or flood assistance

projects, together with their estimated financial costs;

authorizing the use of interest earnings held by the

Commonwealth Financing Authority for funding the projects;

and making appropriations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

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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.

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 2012.

CHAPTER 3

DISASTER CAPITAL BUDGET PROJECT ITEMIZATIONS

Section 301.  Scope.

This chapter relates to disaster capital budget project

itemizations in 2012.

Section 302.  Construction of chapter.

For purposes of this act, the projects itemized in this

chapter shall be considered public improvement projects under

the provisions of the act of February 9, 1999 (P.L.1, No.1),

known as the Capital Facilities Debt Enabling Act, for the

purposes of the administration and procurement.

Section 303.  Total authorization.

The total authorization for the capital projects in the

category of public improvement projects itemized in section 304

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

successors or assigns and to be funded as specified in section

305.

Section 304.  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 funded as

specified in section 305, together with their respective

estimated financial costs, as follows:

Section 305.  Funding of projects.

The projects itemized in this chapter shall be funded from a

portion of existing interest earnings held by the Commonwealth

Financing Authority established under 64 Pa.C.S. Ch. 15

(relating to Commonwealth Financing Authority).

Section 306.  Transfer and appropriations.

Notwithstanding the provisions of 64 Pa.C.S. Ch. 15 Subchs. B

(relating to structure and powers) and C (relating to bonds),

interest earnings held by the Commonwealth Financing Authority

in an amount not exceeding $6,171,000 shall be transferred to

the Capital Facilities Fund and appropriated to the Department

of General Services to be used by it exclusively to defray the

financial cost of the projects specifically itemized in this

chapter.

Section 307.  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 308.  Construction.

(a)  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)  Projects which 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 2012.

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) or as a project qualifying for assistance by the

United States Army Corps of Engineers 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

$61,743,000. 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 funded as specified in section 516 are hereby itemized,

together with their respective estimated financial costs, in

this chapter.

Section 513.  Funds.

The projects itemized in this chapter shall be funded as

specified in section 516 in an amount not to exceed $15,500,000

in the aggregate.

Section 514.  State and local participation levels.

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

contribution of 25% or 20%, as appropriate, 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 shall not exceed

22% of the total cost of the projects.

(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 515.  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 516.  State funds.

The State share of funding for projects itemized in this

chapter shall be funded from a portion of existing interest

earnings held by the Commonwealth Financing Authority

established under 64 Pa.C.S. Ch. 15 (relating to Commonwealth

Financing Authority).

Section 517.  Transfer and appropriation.

Notwithstanding the provisions of 64 Pa.C.S. Ch. 15, Subchs.

B (relating to structure and powers) and C (relating to bonds),

interest earnings held by the Commonwealth Financing Authority

in an amount not exceeding $15,500,000 shall be transferred to

the Capital Facilities Fund and appropriated to the Department

of Environmental Protection to be used by it exclusively to

defray the financial cost of the projects specifically itemized

in this chapter.

Section 518.  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.