1Providing for the acquisition of property by local government
2units to mitigate flood hazards.

3TABLE OF CONTENTS

4Section 1.  Short title.

5Section 2.  Legislative intent.

6Section 3.  Definitions.

7Section 4.  Acquiring property interests to mitigate flood
8hazards.

9Section 5.  Public hearing.

10Section 6.  Property acquired in fee simple.

11Section 7.  Local taxing options.

12Section 8.  Procedure for acquisitions by local government
13units.

14Section 9.  Borrowing and acquisitions on installment basis.

15Section 10.  Exercise of eminent domain.

16Section 11.  Assessment.

17Section 12.  Termination or disposition of property interests.

1Section 13.  Utility rights-of-way and underground gas storage.

2Section 14.  Construction.

3Section 30.  Effective date.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Short title.

7This act shall be known and may be cited as the Flood Hazard
8Mitigation Act.

9Section 2.  Legislative intent.

10The purpose of this act is to reduce future risk of flood
11damages, while promoting the goals of preserving land for storm
12water management, open space, recreational, wetland and related
13purposes, by providing a means by which local government units
14may acquire property that is either located in areas having
15special flood hazards or other areas of flood risk or property
16that is substantially damaged by flood.

17Section 3.  Definitions.

18The following words and phrases when used in this act shall
19have the meanings given to them in this section unless the
20context clearly indicates otherwise:

21"Flood Mitigation Assistance Program."  The Federal program
22authorized by sections 1366 and 1367 of the National Flood
23Insurance Act of 1968 (Public Law 90-448, 42 U.S.C. §§ 4104c and
244104d) the regulations appertaining thereto.

25"Hazard Mitigation Grant Program."  The Federal program under
26which hazard mitigation grants are made under the provisions of
27section 404 of The Robert T. Stafford Disaster Relief and
28Emergency Assistance Act (Public Law 93-288, 42 U.S.C. § 5170c)
29and the regulations appertaining thereto.

30"Interest in real property."  Any right in real property,

1improvements thereto or water, whatsoever, including, but not
2limited to, a fee simple, easement, remainder, future interest,
3transferable development right, lease, license, restriction or
4covenant of any sort, option or contractual interest or
5concerning the use of or power to transfer property.

6"Local government unit."  Any of the following:

7(1)  A county.

8(2)  A county authority having among the purpose for
9which it was created the mitigation of flood hazards.

10(3)  A municipal corporation as defined in 1 Pa.C.S. § 
111991 (relating to definitions) or any similar general purpose
12unit of local government.

13(4)  A unit created by joint action of two or more local
14government units which is authorized to be created by the
15General Assembly, including cooperation by two or more local
16government units under 53 Pa.C.S. Ch. 23 Subch. A (relating
17to intergovernmental cooperation).

18"Mitigation of flood hazards."  The acquisition of interests
19in property located in areas having special flood hazards or
20other areas of flood risk and property substantially damaged by
21flood in accordance with or supplementary to the Hazard
22Mitigation Grant Program or the Flood Mitigation Assistance
23Program, provided that the property so acquired is used in a
24manner compatible with storm water management, open space,
25recreational or wetland management practices, including parks
26for outdoor recreational activities, nature reserves,
27cultivation, grazing, camping, storm water management control
28devices, buffer zones and other uses consistent with the use
29restrictions of the Hazard Mitigation Grant Program and the
30Flood Mitigation Assistance Program.

1Section 4.  Acquiring property interests to mitigate flood
2hazards.

3(a)  Authorization.--

4(1)  A local government unit may acquire, by purchase,
5contract, condemnation, gift, devise or otherwise, interests
6in real property for the mitigation of flood hazards.

7(2)  Acquisitions of interests in real property by a
8local government unit under this act are limited to interests
9in real property situate within its boundaries.

10(b)  Demolition and relocation.--The authority to acquire
11interests in real property under this act shall include the
12authority to provide for the demolition of structures on or the
13relocation of structures from the property acquired.

14Section 5.  Public hearing.

15Interests in real property may not be acquired under this act
16unless a public hearing is held, after notice both to the owners
17of interests in real property to be acquired and to the local
18government unit in which land is situate. At the public hearing,
19the entity acquiring the property interests shall set forth the
20interests to be taken and their proposed use, and persons and
21municipalities affected by the acquisition shall have an
22opportunity to present relevant evidence.

23Section 6.  Property acquired in fee simple.

24If the owner of an interest in real property to be acquired
25under this act prefers to have the local government unit acquire
26the property in fee simple, the local government unit shall be
27required to acquire the property in fee simple.

28Section 7.  Local taxing options.

29(a)  General rule.--To provide revenue to make acquisitions
30for the mitigation of flood hazards or retire the indebtedness

1incurred in the mitigation of flood hazards, a local government
2unit shall have the following local tax options:

3(1)  In addition to the statutory rate limits on real
4estate taxes provided for counties, a county may, by
5ordinance, impose a tax on real property not exceeding the
6millage authorized by referendum as required by subsection
7(b).

8(2)  In addition to the statutory rate limits provided
9for the respective class of local government units, a local
10government unit, excluding a county and county authority,
11may, by ordinance, impose either a tax on real property not
12exceeding the millage authorized by referendum under
13subsection (b) or a tax on the earned income of the residents
14of that local government unit not exceeding the rate
15authorized by referendum under subsection (b).

16(b)  Referendum.--

17(1)  The local taxing option authorized by this section
18shall not be exercised unless the governing body of the local
19government unit shall, by ordinance, first provide for a
20referendum on the question of the imposition of the
21additional tax at a specific rate and a majority of those
22voting on the referendum question vote in favor of the
23imposition of the tax. The ordinance of the governing board
24of the local government unit providing for a referendum on
25the question shall be filed with the county board of
26elections.

27(2)  The referendum shall be governed by the provisions
28of the act of June 3, 1937 (P.L.1333, No.320), known as the
29Pennsylvania Election Code.

30(3)  The election official shall cause the question to be

1submitted to the electors of the local government unit at the
2next primary, general or municipal election occurring not
3less than the 13th Tuesday following the filing of the
4ordinance with the county board of elections.

5(4)  At such election, the question shall be submitted to
6the voters in the same manner as other questions are
7submitted under the provisions of the Pennsylvania Election
8Code. The question to be placed upon the ballot shall be
9framed in the following form:

10Do you favor the imposition of a (describe tax in millage
11or rate) by (local government unit) to be used in the
12mitigation of flood hazards to (purpose)?

13Section 8.  Procedure for acquisitions by local government
14units.

15(a)  Recordkeeping.--When a local government unit acquires an
16interest in real property as authorized under this act, it shall
17establish and maintain a repository of records of the interests
18in real property that have been or are acquired by the local
19government unit. The local government unit shall also record
20each interest in real property acquired by the local government
21unit in the office of the recorder of deeds for the county in
22which the real property is located.

23(b)  Copy to school district.--A local government unit
24acquiring an interest in real property shall submit to the
25school district within which the real property is located a
26copy, certificated by the county recorder of deeds, of the deed
27reflecting the acquisition.

28Section 9.  Borrowing and acquisitions on installment basis.

29(a)  Authority to incur debt.--

30(1)  A local government unit that is governed by 53 

1Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
2borrowing) may incur indebtedness under 53 Pa.C.S. Pt. VII 
3Subpt. B for the purposes of acquiring property interests
4under the provisions of this act, and a local government unit
5may authorize the establishment of a program to purchase the
6property interests on an installment or other deferred basis.

7(2)  The obligation of the local government unit to make
8payments on an installment or other deferred basis shall not
9be subject to the requirements of 53 Pa.C.S. § 8142(b) or (c)
10(relating to limitations on stated maturity dates).

11(b)  Interest to be paid to landowner.--A landowner who
12enters into an installment agreement with a local government
13unit shall receive, in addition to the selling price, interest
14in an amount or at a rate stated in the purchase agreement.

15Section 10.  Exercise of eminent domain.

16The use of the power of eminent domain to acquire interests
17in real property for the purposes of this act shall be subject
18to restrictions and limitations imposed by Federal and State
19law.

20Section 11.  Assessment.

21Any interest in property acquired by a local government unit
22under this act shall be held for public purposes and be exempt
23from taxation. The assessment of private interests in land
24subject to an interest in property acquired under this act shall
25reflect any change in market value of the property that may
26result from the acquisition of the property interest by the
27local government unit.

28Section 12.  Termination or disposition of property interests.

29Property interests acquired under this act may be terminated
30or disposed of in a manner not inconsistent with any

1restrictions and limitations imposed by the Hazard Mitigation
2Grant Program or the Flood Mitigation Assistance Program.

3Section 13.  Utility rights-of-way and underground gas storage.

4(a)  General rule.--The ownership by a local government unit
5of a property interest acquired under this act shall not
6preclude the acquisition, by lease, purchase or eminent domain,
7and use of rights-of-way or underground gas storage rights in
8such property by a public utility or other body entitled to
9exercise the power of eminent domain subject to the following:

10(1)  In the case of an acquisition by a public utility,
11the acquisition shall occur only if the Pennsylvania Public
12Utility Commission, after public hearing, finds that the
13acquisition and use are necessary or proper for the service,
14accommodation, convenience or safety of the public.

15(2)  In the case of an acquisition by a body other than a
16public utility, the acquisition shall occur only if the local
17government unit, after public hearing, approves the
18acquisition.

19(b)  Notice of the public hearing.--

20(1)  Notice of public hearing required under subsection
21(a) shall include a statement of the purpose of the public
22hearing and the date, time and place of the public hearing
23and be given by publication one time at least 20 days prior
24to the hearing in a newspaper of general circulation in the
25area where the property is located. In addition, a written
26notice shall be conspicuously posted at points deemed
27sufficient by the body conducting the public hearing to
28notify potentially interested citizens. The affected tract
29shall be posted at least ten days prior to the hearing.

30(2)  If a local government unit owns an interest in

1property that is the subject of the hearing, and is not
2itself conducting the hearing, notice shall be sent by United
3States first class mail at least 20 days prior to the hearing
4to the local government unit.

5Section 14.  Construction.

6The authority granted to the local government units under
7this act shall be in addition to and not in limitation of any
8other authority granted to a local government unit by any other
9law and shall be construed to enlarge and not to reduce or limit
10the power and authority of local government units.

11Section 30.  Effective date.

12This act shall take effect immediately.